Eric LaPrairie v Presidio

8/4/2021

Mr. LaPrairie claims that Presidio was grossly negligent and has breached their contract Where they've promised to protect the personally-identifying information of their employees when hackers were able to get hold of their sensitive information and use it for criminal activities such as SIM swap fraud.

10/28/2021 Update The case was transferred To Southern District of New York.

10/07/2021 Update Motion to Dismiss. Responses are due on or before October 28, 2021. Replies are due on or before November 4, 2021.

9/11/2021 Update Notice of appearance BY Presidio- 09-01-2021

5/11/2021 Update Defendant ( Presidio ) shall file their opposition to the motion to remand on or before August 31, 2021, Plaintiff shall file his reply on or before September 14, 2021.

5/10/21 Update Plaintiff Eric LaPraire files a motion to remand the Supreme Court of New York, County of Monroe. 

4/8/21 Update From the Supreme Court of the State of New York, the Defendants PRESIDIO INC who Jointly and collectively, by and through their undersigned Attorney's, Will get removed. Above-captioned civil action and all claims and causes of action therein from the Supreme Court of New York.

Claims in
Eric LaPrairie v Presidio
Negligence

Negligence is defined as a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but can also consist of omissions when there is some duty to act (e.g., a duty to help victims of one's previous conduct). 

Negligence Per Se

An actor is negligent per se if she violates a statute that is designed to protect against the type of accident or harm caused by her conduct, and the plaintiff is someone the statute is designed to protect.

Breach of Express Contract

An express contract is an agreement with clearly stated terms to which both parties are bound at the time it is formed. This contract may be either oral or written. It must demonstrate an offer and unconditional acceptance, and be expressed in an easy-to-understand manner.

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