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SOVEREIGN BANK v. BJ'S WHOLESALE CLUB, INC.

No. Civ. 1:CV-05-1150.

395 F.Supp.2d 183 (2005)

SOVEREIGN BANK, Plaintiff v. BJ'S WHOLESALE CLUB, INC., Fifth Third Bankcorp. Defendants.

United States District Court, M.D. Pennsylvania.

October 18, 2005.

Attorney(s) appearing for the Case

Christopher Grant Barnes, Stevens & Lee PC, Cherry Hill, NJ, Joseph Wolfson, Stevens & Lee, P.C., King of Prussia, PA, for Plaintiff.

Christopher A. Lewis, Mark L. Rhoades, Richard L. Kremnick, Blank Rome LLP, Philadelphia, PA, Andrew L. Swope, Christopher R. Nestor, Kirkpatrick & Lockhart Nicholson Graham LLP, Harrisburg, PA, Melvin A. Bedree, William B. Weigel, Vorys Sater Seymour and Pease LLP, Cincinnati, OH, for Defendants.

MEMORANDUM

CALDWELL, District Judge.

I. Introduction.

This case stems from a breach of the computer system used by defendant, BJ's Wholesale Club, Inc., a wholesale club retailer. The system was hacked and bank-card numbers were stolen, allegedly because the computer program BJ's used to process card transactions improperly retained card numbers rather than merely keep them in the system only for the seconds required to validate the...

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