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Krandle v. Refuah Health Center Inc.

Government Is Substituted as Sole Defendant in Suit Over Hospital's Breach of Data

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ADDITIONAL CASES Dawn Esposito and Paola Cortazar, individually, and on behalf of all others similarly situated, Plaintiffs v. Refuah Health Center, Inc., Defendant; 22-CV-5039 OPINION & ORDER Rebecca Krandle (“Krandle”), Dawn Esposito (“Esposito”), and Paola Cortazar (“Cortazar”; collectively, “Plaintiffs”) bring two Actions on behalf of themselves and all others similarly situated against Refuah Health Center, Inc. (“RHC” or “Defendant”) alleging various claims arising out of a 2021 data breach of RHC’s systems. (See generally Not. of Removal, Ex. A (“Krandle Compl.”) (Dkt. No. 1-1, 22-CV-4977 Dkt.); Not. of Removal, Ex. A (“Esposito Compl.”) (Dkt. No. 1-1, 22-CV-5039 Dkt.).) Before the Court is RHC’s Motion to Substitute the United States as the sole Defendant. (Not. of Mot. (Dkt. No. 50).)1 For the foregoing reasons, RHC’s Motion is granted. I. Background A. Factual Background The Court assumes the Parties’ familiarity with the facts and procedural history described in its remand opinion. See Krandle v. Refuah Health Ctr., Inc., No. 22-CV-4977, 2023 WL 2662811, at *1 (S.D.N.Y. Mar. 28, 2023). To recap, RHC is a New York-based non-for-profit company that provides a full suite of healthcare services at its four service sites and through its fleet of mobile medical units. (Krandle Compl.

2, 8, 11; Esposito Compl.

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