EMS Management Moves to Dismiss Privacy Complaint Involving MOVEit Data Breach

EMS Management & Consultants moved to dismiss plaintiff Samantha O’Neal’s privacy complaint for lack of subject-matter jurisdiction and failure to state a claim on which relief may be granted, in a Thursday motion (docket 1:23-cv-00738) in U.S. District Court for Middle North Carolina. O’Neal’s fraud case involving the May MOVEit file transfer software data breach alleges EMS had a duty to protect her personally identifiable information and should have known “through readily available and accessible information about potential threats for the unauthorized exfiltration and misuse of such information.” O’Neal’s case was part of conditional transfer order 10 for transfer to In Re: MOVEit Customer Data Security Breach Litigation in U.S. District Court for Massachusetts, but O’Neal opposed the transfer in a Nov. 3 notice before the U.S. Panel on Multidistrict Litigation (see 2311060016).