Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Moore v. Highpoint Solutions, LLC

United States District Court, D. New Jersey

June 5, 2018

JACLYN MOORE, Individually and on Behalf of All Others Similarly Situated, Plaintiff,
v.
HIGHPOINT SOLUTIONS LLC and CHRISTINE M. CUSHMAN, Defendants.

          OPINION

          Hon. Joseph H. Rodriguez U.S.D.J.

         This 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.

         Background

         Plaintiff 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.

         On 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.[1]

         On August 8, 2017, HighPoint's CEO John Seitz emailed HighPoint's employees concerning Cushman's actions. The e-mail provided:

         Colleagues,

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 found below.
http://www.readingeagle.com/news/article/amity-township-woman-stole-nearly-1-million-from-employer-police-say
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 authorities.
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 process.
Sincerely,
John Seitz, Chief Executive Officer
HighPoint Solutions, ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.