Beach v. Fred Hutchinson Cancer Center

CourtDistrict Court, W.D. Washington
DecidedMarch 22, 2024
Docket2:24-cv-00031
StatusUnknown

This text of Beach v. Fred Hutchinson Cancer Center (Beach v. Fred Hutchinson Cancer Center) is published on Counsel Stack Legal Research, covering District Court, W.D. Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Beach v. Fred Hutchinson Cancer Center, (W.D. Wash. 2024).

Opinion

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4 5 UNITED STATES DISTRICT COURT 6 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 IN RE: FRED HUTCHINSON DATA CASE NO. 2:23-cv-01893-JHC 8 SECURITY LITIGATION ORDER GRANTING MOTION TO 9 REMAND (DKT. # 36)

10 11 12 13

14 I 15 INTRODUCTION This matter comes before the Court on Plaintiffs Alexander Irvine and Barbara 16 Twaddell’s Motion to Remand. Dkt. # 36. This consolidated putative class action1 stems from 17 an alleged data breach of a network containing confidential information of patients treated by 18 19

20 1 To date, the Court has consolidated 10 cases in this putative class action. Five cases were first filed in the Superior Court of Washington and removed to this Court: Beach, et al. v. Fred Hutchinson 21 Cancer Ctr., et al., No. 2:24-cv-00031; Aleshire v. Fred Hutchinson Cancer Ctr., et al., No. 2:24-cv- 00034; Reed v. Fred Hutchinson Cancer Ctr., No. 2:24-cv-00029; Arneson v. Fred Hutchinson Cancer 22 Ctr., No. 2:24-cv-00033; Irvine et al. v. Fred Hutchinson Cancer Ctr. et al., No. 2:24-cv-00030; and Irvine et al v. Univ. of Washington, No. 2:24-cv-00296. The remaining five were filed in federal court: Doe v. Fred Hutchinson Cancer Ctr., et al., No. 2:23-cv-01893; Hunter v. Fred Hutchinson Cancer Ctr., 23 No. 2:23-cv-01988; Ayers v. Fred Hutchinson Cancer Ctr., No. 2:23-cv-01916; Holz, et al. v. Fred Hutchinson Cancer Ctr., No. 2:23-cv-01998; and Ristvet, et al. v. Fred Hutchinson Cancer Ctr., No. 24 2:24-cv-00019. 1 Defendants Fred Hutchinson Cancer Center (“Fred Hutch”) and the University of Washington.2 2 Dkt. # 1 at 8. Movants Irvine and Twaddell contend that the Court lacks subject matter 3 jurisdiction, seeking to remand the all member cases removed from King County Superior Court 4 and dismiss without prejudice the remaining member cases filed in federal court. Dkt. # 36 at 2 5 n.1. Defendants and Plaintiffs Doe, Ayers, Hunter, Holz, Guay, Moncreif, Ristet, Martin, Kuhn, 6 Beach, Paciocco, Browne, Peramas, Smith, Clayton, Aleshire, Rappaport, Reed, and Arneson 7 (“Doe Plaintiffs”) oppose the motion. Dkt. ## 46, 47, 48. Because the discretionary home-state 8 exception to the Class Action Fairness Act (CAFA) applies, the Court GRANTS the motion. 9 II BACKGROUND 10 On November 19, 2023, Fred Hutch detected unauthorized activity on parts of its clinical 11 computer network. Dkt. # 1 at 8. An investigation determined that an unauthorized third party 12 had accessed the clinical network and obtained patient information from Fred Hutch systems. Id. 13 (citing Notice to Our Patients, Fred Hutch Cancer Center, https://www.fredhutch.org/en/about/ 14 about-the-hutch/ accountability-impact/notice-to-our-patients-of-data-security-incident.html (last 15 visited Mar. 18, 2024)). Not only did this data breach affect Fred Hutch patient information, but 16 it also allegedly involved patient information within the broader medical system of the 17 University of Washington. Id. Plaintiffs allege that, as a result of the breach, current and former 18 patients have received “a flood of extortionary threats by cybercriminals.” Id. at 2. 19 20

21 2 Three complaints consolidated under this case number also include additional defendants: the University of Washington School of Medicine, University of Washington Medical Center, Harborview 22 Medical Center, Valley Medical Center, University of Washington Physicians, University of Washington Neighborhood Clinics, Airlift Northwest, and Childrens University Medical Group. See Doe v. Fred Hutchinson Cancer Ctr., et al., No. 2:23-cv-01893; Aleshire v. Fred Hutchinson, et al., No. 2:24-cv- 23 00034-JHC; Beach, et al. v. Fred Hutchinson Cancer Ctr., et al., No. 2:24-cv-00031. Because these defendant entities do not participate in the briefing on the motion to remand, this order refers only to 24 Defendants Fred Hutch and the University of Washington. 1 Plaintiffs bring these causes of action: (1) negligence; (2) negligence per se from duties 2 arising under the Federal Trade Commission Act (FTCA), see 15 U.S.C. § 45(a)(1); (3) 3 negligence per se from duties arising under Health Insurance Portability and Accountability Act

4 (HIPAA), see 45 C.F.R. Part 160 and 164, Subparts A and E, and the HIPAA Security Rule; 45 5 C.F.R. Part 160 and Part 164, Subparts A and C; (4) breach of implied contract; (5) breach of 6 fiduciary duty; (6) invasion of privacy; (7) unjust enrichment; (8) violation of the Washington 7 Consumer Protection Act, see RCW 19.86.01 et seq.; (9) violation of the Washington Data 8 Breach Disclosure Law, see RCW 19.255.005 et seq.; and (10) violation of the Washington 9 Uniform Health Care Information Act, see RCW 80.02.005 et seq.. See Dkt. # 1 at 22–38.3 10 The first federal case related to this data breach was filed on December 10, 2023. See 11 Dkt. # 1. On January 5, 2024, the Court issued an order to consolidate related cases and an order 12 to appoint interim class counsel. Dkt. ## 9, 10. On January 8, 2023, Fred Hutch removed its 13 first case from state court, asserting federal jurisdiction under CAFA. See Aleshire v. Fred 14 Hutchinson, et al., No. 2:24-cv-00034-JHC, Dkt. # 1. On January 12, 2024, after their removed 15 case was consolidated, Irvine and Twaddell moved to vacate the order appointing interim 16 counsel and then filed the motion to remand on January 24, 2024. See Dkt. # 13.4 17 18 3 Because Plaintiffs have not yet filed a consolidated complaint, the Court has compiled all causes 19 of action pleaded in the 10 cases. See supra n.1. 4 Fred Hutch and Doe Plaintiffs contend that, per the Court’s order granting interim class counsel, 20 see Dkt. # 10, the Court should not consider the motion to remand because Irvine and Twaddell lack authority to speak for the putative class. See Dkt. # 46 at 3; Dkt. # 48 at 2. This argument is not 21 persuasive; no matter if the motion to remand is procedurally proper, the Court has an independent obligation to address whether it has subject matter jurisdiction. See Allstate Ins. Co. v. Hughes, 358 F.3d 22 1089, 1093 (9th Cir. 2004); Shamrock Dev. Co. v. City of Concord, 656 F.2d 1380, 1384 (9th Cir. 1981) (citing Mansfield, Coldwater & Lake Michigan Ry. v. Swan, 111 U.S. 379 (1884)). In addition, recognizing that the CAFA home-state exception is not jurisdictional, but a form of federal abstention, the 23 Court may similarly raise abstention issues sua sponte. See Adams v. W. Marine Prod., Inc., 958 F.3d 1216, 1223–24 (9th Cir. 2020) (collecting cases). The Court therefore considers the merits of the motion 24 to remand. 1 III DISCUSSION 2 CAFA applies to class action lawsuits when the aggregate number of members of all 3 proposed plaintiff classes is 100 or more and where the primary defendants are not “States, State 4 officials, or other governmental entities against whom the district court may be foreclosed from 5 ordering relief[.]” 28 U.S.C. § 1332(d)(5); see 28 U.S.C. § 1332

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Bluebook (online)
Beach v. Fred Hutchinson Cancer Center, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beach-v-fred-hutchinson-cancer-center-wawd-2024.