Brooklyn Judge Denies Plaintiff's Remand Motion in T-Mobile SIM Swap Case

U.S. District Judge Nicholas Garaufis for Eastern New York in Brooklyn denied plaintiff Benjamin Kyle’s motion to remand a SIM swap case against T-Mobile to state court, his Friday memorandum and order said (docket 1:23-cv-05206). Garaufis’ order follows Magistrate Judge Robert Levy’s March 25 report and recommendation that Kyle’s motion be denied; no party objected to the R&R, said the filing. A status conference by telephone is set for Wednesday. Kyle’s July 7 lawsuit alleges T-Mobile store employees unlawfully accessed his phone’s SIM card and stole more than $30,000 in cryptocurrency. T-Mobile maintains Kyle agreed to its terms and conditions, including an agreement to arbitrate claims about T-Mobile services (see 2307070024).