Parties Seek Dismissal of Data Breach Case for Lack of Subject-Matter Jurisdiction

Plaintiff Robert Marrone and defendant Warren General Hospital seek an order dismissing Marrone’s Nov. 22 data breach class action against the hospital (see 2311270019) for lack of subject-matter jurisdiction, said their joint motion Thursday (docket 1:23-cv-00330) in U.S. District Court for Western Pennsylvania in Erie. Counsel for the hospital has provided “sufficient and adequate detail” about the individuals that make up Marrone’s proposed class, convincing Marrone and his counsel that more than 80% of the proposed class members -- roughly 115,000 out of 142,000 -- live in Pennsylvania, said their motion. That percentage is “well above the threshold requirement” for establishing an exception to Class Action Fairness Act jurisdiction in federal court, it said. Jurisdiction was asserted in Marrone’s complaint because of diversity between class members and the defendant and due to the other jurisdictional thresholds that were met, it said. But an exception to CAFA jurisdiction exists if two-thirds or more of the members of the proposed plaintiff’s class and the primary defendant are citizens of the state in which the action was originally filed, it said. The parties therefore agree that the CAFA exception requires the court “not to exercise jurisdiction over this matter,” it said. Under Pennsylvania law, once a federal court dismisses a case for lack of jurisdiction, the plaintiff may transfer it to another state court or magisterial district, it said. Marrone intends to transfer his case to Warren County Court following its dismissal, it said. The parties “have agreed to forego briefing on the issue” and ask that the court enter a dismissal order, said the joint motion.