Judge Orders Plaintiffs to Respond by Monday to ESO Solutions' Motion to Dismiss

Although the plaintiffs in a negligence class action vs. ESO Solutions over a September data breach timely responded to the medical software company’s motion to strike class allegations, their response to its March 28 motion to dismiss is “past due,” said U.S. District Judge Robert Pitman for Western Texas in Austin Wednesday. Pitman ordered (docket 1:23-cv-01557) the plaintiffs in In Re: ESO Solutions Inc. Breach Litigation to file a response to the motion to dismiss by Monday. Plaintiffs Steven Guiffre, Billy Love, George Simpson, Jamie Thomas, Deborah Todd and Robert Day called ESO’s March 26 motion to strike class allegations “premature and meritless” in their April 9 motion to strike allegations (see 2404100041). The Sept. 17 data breach allegedly affected about 2.7 million individuals whose personally identifiable information and personal health information was compromised when an unauthorized actor gained access to the software company's network and computer systems.