Called today for an update....
They are still waiting for Justice Phelan to decide on a single procedural issue. The class action has been certified by Phelan, but cannot move forward until he releases this decision. I was told is nothing major and the decision will have no bearing on whether the class moves on to trial. That’s right, we haven’t even started the trial yet.
The lawyers have been reminding the Gov that their own privacy commissioner ruled that a breach did in fact occur. Slam Dunk! It would be in everyone’s best interest to settle, but the Gov feels it’s better wasting more taxpayers money on a fight that they will surely loose in court. The lady I spoke to today said she is hopeful for a decision from Phelan before Summer recess, but she’s not holding her breath.
Whenever Phelan gets around to dropping his decision, notifications will be sent out looking for plaintiffs who are willing to be deposed. After that, discovery, then we finally open up the trial. If the Gov is still insisting to fight at that point, it will likely be further delayed until after the next Fed election in 2019.