This case concerns the dismissal of an individual action against LifeLabs Inc. following a criminal cyber-attack that exposed customer data.
The plaintiff, Asif Rahman, had commenced an individual action, which was held in abeyance while a class action, Carter v. LifeLabs Inc., proceeded.
The class action was certified for settlement purposes, and the settlement was subsequently approved, binding all class members who did not opt out, including the plaintiff.
LifeLabs sought to dismiss the individual action.
The court, by consent, ordered the dismissal of the plaintiff's action without costs, noting that while the plaintiff's delay in consenting to dismissal caused some unnecessary expense, the circumstances did not warrant a costs award against him.