Sovereign Bank v. BJ's Wholesale Club, Inc.

MEMORANDUM

CALDWELL, District Judge.

I. Introduction.

Plaintiff, Sovereign Bank, filed this lawsuit against defendants, BJ’ s Wholesale Club, Inc., and Fifth Third Bank, after Sovereign incurred losses when its customers’ Visa card numbers were stolen from a computer file maintained by BJ’s. The losses, were mainly for the cost of issuing new credit cards to replace the ones that had been compromised by the theft and for the cost of reimbursing those cardholders who had suffered unauthorized charges to their accounts.

We previously resolved the defendants’ motions to dismiss the original…