Jacob Baggett, on behalf of himself and all others similarly situated v. State University of New York at Niagara, Niagara County Community College

CourtDistrict Court, W.D. New York
DecidedDecember 8, 2025
Docket1:24-cv-00635
StatusUnknown

This text of Jacob Baggett, on behalf of himself and all others similarly situated v. State University of New York at Niagara, Niagara County Community College (Jacob Baggett, on behalf of himself and all others similarly situated v. State University of New York at Niagara, Niagara County Community College) is published on Counsel Stack Legal Research, covering District Court, W.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jacob Baggett, on behalf of himself and all others similarly situated v. State University of New York at Niagara, Niagara County Community College, (W.D.N.Y. 2025).

Opinion

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NEW YORK JACOB BAGGETT, on behalf of himself } and all others similarly situated, ) Plaintiff, v. Case No, 1:24-cv-635 STATE UNIVERSITY OF NEW YORK AT NIAGARA, NIAGARA COUNTY ) COMMUNITY COLLEGE, ) Defendant. ORDER ON MOTION TO DISMISS (Doc. 15) Plaintiff Jacob Baggett brings this putative class action against defendant State University of New York at Niagara, Niagara County Community College (“NCCC”), where he was a student from 2010 to 2013. (Doc. 11 § 38.) Plaintiff alleges that Defendant failed to “properly secure and safeguard personally identifiable information,” and that, following a data breach on January 17, 2024, Defendant failed to provide adequate notice to Plaintiff and other Class Members “that their information had been subject to unauthorized access by an unknown third party,” and also failed to provide them with adequate notice as to “precisely what type of | information was accessed.” Cd. 91,3.) The First Amended Class Action Complaint (“Amended Complaint”) lists four causes of action: negligence (including an assertion of negligence per se) (Count ]), breach of implied contract (Count I), unjust enrichment (Count ITD), and “declaratory and injunctive relief’ (Count 1V). The Amended Complaint also seeks damages. (/d. at 43.)

Currently pending is Defendant’s Motion to Dismiss under Fed. R. Civ. P. 12(b)(1) and 12(b)(6), (Doc. 15.) Plaintiff opposes the motion (Doc. 16), and Defendant has filed a reply (Doc. 17). The court heard argument on November 3, 2025. Background Mr. Baggett ts “very careful about sharing his sensitive Private Information,” (Doc. 11 Atall relevant times, he and the putative class members “have taken reasonable steps to maintain the confidentiality of their Private Information,” (See id, {| 30.) Mr. Baggett was a student at NCCC from 2010 to 2013. (Doc, 11 938.) He paid NCCC for its services. (id. | 182.) He alleges on information and belief that NCCC “funds its data security measures entirely from its general revenue” and that, “[a]s such, a portion of the payments made by or on behalf of Plaintiff and the Class Members is to be used to provide a reasonable level of data security.” Ud. J 183-184.) . In the “ordinary course” of its business as an educational institution, NCCC collected the “Private Information” or “Personally Identifying Information” (“PI”), of its employees and students; the information collected included Social Security numbers (“SSNs”). Ud. §f 1, 2, 23, 29.) Mr. Baggett provided his own Private Information to NCCC. Ud. 9 40.) Ina “Privacy Policy,’ NCCC represented that it would not disclose the Private Information to unauthorized third parties. Ud. | 175.) NCCC stored the Private Information on its computer network. (Ud. {J 23, 73.) According to the Amended Complaint, the Private Information stored on NCCC’s computer network “was likely not encrypted because if properly encrypted then cybercriminals would not have acquired and accessed Plaintiff’s and Class Members’ Private Information.” (Ud. ¥ 26; see also id. 9, 33-35, 66 (asserting that the stored Private Information was unencrypted).) In

addition to failing to encrypt the Private Information, NCCC used “antivirus and malware protection software [that was] in need of security updating,” and maintained “inadequate procedures for handling phishing emails or emails containing viruses or other malignant computer code.” Ud. § 90.) On January 17, 2024—after Mr. Baggett had concluded his studies there—NCCC became aware that an unauthorized party accessed NCCC’s computer network (the “Data Breach” or “Data Incident”), Ud. [J 3, 24.) NCCC immediately launched an investigation, which confirmed that an “unauthorized actor” accessed NCCC’s systems on January 17, 2024, and that during this intrusion the unauthorized actor “had access to files that included the names and Social Security numbers of Plaintiff and those similarly situated.” Ud. Jf 4, 25.) The Amended Complaint does not directly characterize the type of cyberattack perpetrated against NCCC but suggests in several instances that it was a “ransomware” attack. (See id. $4] 50 & n.1, 54 n.3, 61 n.8, 70-71, 72 n.12.) Mr. Baggett first received notice of the Data Breach by letter on or about May 17, 2024. (See id. § 5,41.) The letter stated: On January 17, 2024, we detected an incident that impacted the availability and functionality of our computer network. Upon learning of the incident, we immediately took measures to help secure our network, began an investigation, and reported the incident to law enforcement. Through our investigation, we determined that, on January 17, 2024, an unauthorized actor accessed and acquired certain files contained on our network. We received the files and, on April 16, 2024, determined that they contained your name and Social Security number. Ud. 46.) NCCC directed Mr. Baggett to “take certain steps to protect his Private Information and otherwise mitigate his damages.” (Jd. { 44.) NCCC also offered Mr, Baggett 12 months of identity monitoring services but did not automatically enrol! him for those services. (/d. 7 106— 107.)

Mr. Baggett asserts that NCCC “waited two months” before reporting the Data Breach to government agencies and did not send the notice of the Data Breach until four months after the breach occurred. (See id. #95, 12.) Plaintiff claims that, “{a]s a result of this delayed response, Plaintiff and Class Members had no idea their Private Information had been compromised.” Cd. { 13.) Plaintiff further claims that he and the putative class members “were, and continue to be, at significant risk of identity theft and various other forms of personal, social, and financial harm.” (/d.; see also id. § 109.) “[Ajscertainable losses,” according to the Amended Complaint, include “loss of the benefit of their bargain, out-of-pocket expenses, and the value of their time reasonably incurred to remedy or mitigate the effects of the attack and the substantial and imminent risk of identity theft.” Ud. | 8; see also id. 15, 45-46, 94, 116.) Rule 12(b) Standards Rule 12(b)(1). “A district court properly dismisses an action under Fed, R. Civ. P. 12(b)(1) for lack of subject matter jurisdiction if the court ‘lacks the statutory or constitutional power to adjudicate it. ...°” Cortlandt St. Recovery Corp, v. Hellas Telecomms., Sart, 790 F.3d 411, 417 (2d Cir. 2015) (quoting Makarova v. United States, 201 F.3d 110, 113 Qd Cir. 2000)). Such jurisdiction is lacking where constitutional (Article III) standing is absent. Carter v. HealthPort Techs., LLC, 822 F.3d 47, 54 (2d Cir. 2016), “[S]tanding must be assessed as to each plaintiff....” Seife v. US. Dep't of Health & Human Servs., 440 F, Supp. 3d 254, 272 (S.D.N.Y. 2020). This is also true in class actions: “[E]ven named plaintiffs who represent a class ‘must allege and show that they personally have been injured, not that injury has been suffered by other, unidentified members of the class to which they belong and which they purport to represent.’” Lewis v. Casey, 518 U.S. 343, 357 (1996) (quoting Simon v. E. Ky. Welfare Rights Org, 426 U.S, 26, 40 1.20 (1976)); see also TransUnion LIC vy. Ramirez,

,

594 U.S. 413, 431 (2021) (“Every class member must have Article IIT standing in order to recover individual damages.”). Here, NCCC’s Rule 12(b){1) motion is “based solely on the allegations of the complaint.” Carter, 822 F.3d at 56.

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Jacob Baggett, on behalf of himself and all others similarly situated v. State University of New York at Niagara, Niagara County Community College, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jacob-baggett-on-behalf-of-himself-and-all-others-similarly-situated-v-nywd-2025.