United States District Court, D. New Jersey
JACLYN MOORE, Individually and on Behalf of All Others Similarly Situated, Plaintiff,
HIGHPOINT SOLUTIONS LLC and CHRISTINE M. CUSHMAN, Defendants.
Joseph H. Rodriguez U.S.D.J.
matter is before the Court on motion of Defendant Highpoint
Solutions LLC (“HighPoint”) to dismiss the
Complaint pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6). The
Court has considered the submissions of the parties and heard
oral argument on May 30, 2018. For the reasons placed on the
record that day, as well as those articulated below, the
motion will be granted.
Jaclyn Moore, a HighPoint contract employee since April 2017,
has filed a purported Class Action Complaint as the result of
a data breach by Defendant Christine M. Cushman, who was
HighPoint's Human Resource Director.
August 7, 2017, the Montgomery County, Pennsylvania District
Attorney's office and certain news outlets announced that
Cushman had stolen approximately one million dollars from
HighPoint over a two-year period using private financial
information HighPoint maintained concerning subcontractors.
Specifically, from May 5, 2015 to June 15, 2017, Cushman used
this stolen information to issue herself 45 fraudulent checks
totaling $919, 301.
August 8, 2017, HighPoint's CEO John Seitz emailed
HighPoint's employees concerning Cushman's actions.
The e-mail provided:
By now many of you are aware of the press release from the
Pennsylvania District Attorney and subsequent articles
regarding Christine Cushman, our former HR Manager. HighPoint
indeed was the victim of a corporate theft over the past two
years. The details are available in numerous online
articles-I've attached the most thorough one I've
The purpose of my email is to explain the actions we have
taken, as well as inform you of any risks to the company and
employees' personal and financial information. By all
evidence we've seen, HighPoint was the only victim in
this theft, as funds were stolen from our bank account. No.
client, employee, or subcontractor bank account ever received
or had any funds withdrawn. Once informed, we took
appropriate remediation steps-including notifying the
We have hired an independent, national audit firm to perform
a forensic audit of our financial records and our controls to
ensure no further damage has occurred beyond what we've
found, as well as to help strengthen our financial oversight.
Although the amount stolen was indeed significant, I can
assure you we are a profitable and financially sound company.
For our employees, as I mentioned, all evidence points to
only a HighPoint bank account being involved in this theft.
However, please understand that our HR Department does have
on file (and Ms. Cushman had access to) all employee Social
Security information as well as bank account information for
those using direct deposit. At this time, we don't know
if employee personal information was also stolen. Please be
on alert for any suspicious activity relating to your
personal and financial records.
For those customers who ask, please make clear to them that
Ms. Cushman did not have access to customer
information/invoicing, and we believe there is no risk to
customer identity information. We can also assure them that
we are a financially sound partner and that we will be filing
an insurance claim for this matter.
Finally, we are coordinating all activities and
communications strictly with the authorities, and I would ask
all employees to refrain from participating in any social
media discussions relating to this matter.
Thank you for your patience and understanding during this
John Seitz, Chief Executive Officer
HighPoint Solutions, ...