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Koeller v. Numrich Gun Parts Corp.

Negligence, Breach Claims Against Gun Parts Maker Survive in Suit Over Data Breach

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DECISION and ORDER I. INTRODUCTION On June 24, 2022, Edward Koeller filed this putative class action against Numrich Gun Parts Corporation (“Numrich” or “defendant”) alleging that defendant failed to properly protect his sensitive information from disclosure arising from a data breach. Dkt. No. 1. On October 21, 2022, Koeller filed an amended complaint as of right. Dkt. No. 20. Thereafter, the Court accepted Koeller’s second amended complaint for filing. Dkt. No. 25. The second amended complaint, now the operative pleading, names Kevin Cheek as an additional plaintiff. See id. On December 16, 2022, Numrich moved to dismiss Koeller and Cheek’s (collectively “plaintiffs”) second amended complaint under Federal Rules of Civil Procedure (“Rule”) 12(b)(1) and 12(b)(6). Dkt. No. 26. In the alternative, defendant has moved to strike immaterial and impertinent allegations pursuant to Rule 12(f). Id. The motion has been fully briefed and will be considered on the basis of the submissions without oral argument. II. BACKGROUND Numrich is a well-known firearm parts and weapons retailer. Compl.

1, 122. Defendant sells gun parts that replace and modify the components for dangerous weapons, including bayonets, scabbards, gun magazines, stocks, suppressers, muzzle brakes and gun sights and components. Id. 5. Defendant sells these gun parts to customers through its e-commerce website, www.gunpartscorp.com. Id.

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