In re Practice Resources, LLC, Data Security Breach Litigation

United States District Court Northern District of New York
Case #: 6:22-cv-00890
Circuit: 2nd
Cause: 28:1332 Diversity-Other Contract

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Plaintiffs:

Stewart, James

Stewart, Susan

Defendants:

Practice Resources, LLC,

2022-11-22: MEMORANDUM-DECISION AND ORDER. It is hereby ORDERED, that this Memorandum-Decision and Order be docketed in each of the above-captioned cases; and it is further ORDERED, that pursuant to Federal Rule of Civil Procedure 42(a)(2) and General Order 12(G)(6), the above-captioned cases, as well as any future related actions, are consolidated under the docket number of the first filed case, Stewart, No. 22-CV-0890, and under the new title, In re Practice Resources, LLC, Data Security Breach Litigation. The Clerk of the Court is directed to modify the caption of that case, accordingly; and it is further ORDERED, that the Clerk of the Court administratively close Bachura, No. 22-CV-0905. No further filings shall be made on that docket, but all pleadings therein maintain their legal relevance until the filing of a consolidated complaint; and it is further ORDERED, that any new civil action filed in this District that seeks relief against Defendant for the Data Breach will be reviewed by the Court on a case-by-case basis in order to determine, at the time of its filing, whether it should be consolidated into the Consolidated Action; and it is further ORDERED, that, having given due consideration to the relevant factors pursuant to Federal Rule of Civil Procedure 23(g)(1), the following are appointed and shall serve as Plaintiffs Interim Co-Lead Class Counsel, in accordance with Federal Rule of Civil Procedure 23(g)(3): Nicholas A. Migliaccio, Esq., Jason S. Rathod, Esq., MIGLIACCIO & RATHOD LLP, 412 H Street NE, Ste. 302, Washington, DC 20002, and James J. Bilsborrow, Esq., WEITZ & LUXENBERG, P.C., 700 Broadway, New York, NY 10003. IT IS FURTHER ORDERED, that Plaintiffs Interim Co-Lead Class Counsel will be responsible for and have plenary authority to prosecute any and all claims of the Plaintiffs and putative class and to provide general supervision of the activities of Plaintiffs counsel in the Consolidated Action. Specifically, Interim Co-Lead Class Counsel shall have the following responsibilities, duties and sole authority: (A) Draft and file the master consolidated complaint, and have final authority regarding what claims and parties are to be included; (B) Determine and present in pleadings, briefs, motions, oral argument, or such other fashion as may be appropriate, personally or by a designee, to the Court and opposing parties the position of Plaintiffs and the putative class on matters arising during the pretrial proceedings; (C) Coordinate and conduct discovery on behalf of Plaintiffs and the putative class consistent with the requirements of the Federal Rules of Civil Procedure and the Local Rules for the Northern District of New York; (D) Consult with and employ expert witnesses; (E) Draft and file the motion for class certification on behalf of Plaintiffs and the putative class; (F) Conduct all pre-trial proceedings on behalf of Plaintiffs and the putative class; (G) Enter into Stipulations with Defendant; (H) Sign all papers filed on behalf of Plaintiffs and the putative class; (I) Convene meetings of all Plaintiffs counsel, as necessary; (J) Form task-specific subcommittees of Plaintiffs counsel, as appropriate; (K) Conduct settlement negotiations with Defendant, and if there is a settlement, propose a claims protocol and/or plan of allocation; (L) Maintain an up-to-date service list of all Plaintiffs counsel for all cases that have been consolidated into the Consolidated Action, and promptly advise the Court and Defendants counsel of changes thereto; (M) Receive and distribute to Plaintiffs counsel, as appropriate, discovery, pleadings, correspondence, and other documents from Defendants counsel or the Court that are not electronically filed; (N) Appear at Court-noticed status conferences; (O) Be the contact persons for all Plaintiffs counsel and as the attorneys of record with whom the Court will be dealing throughout the course of the litigation; (P) Delegate specific tasks to other Plaintiffs counsel in a manner to avoid duplicative efforts and ensure that pretrial preparation for Plaintiffs and the putative class is conducted effectively, efficiently, and economically; (Q) Otherwise coordinate the work of all Plaintiffs counsel, and perform such other duties as the Interim Co-Lead Class Counsel deem necessary to advance the litigation or as authorized by further Order of the Court; (R) Maintain and collect time and expense records for work performed, time billed, costs incurred, and other disbursements made by Plaintiffs counsel whose work Interim Co-Lead Class Counsel has specifically authorized, and submit at the Courts request, in writing, ex parte and in camera reports to the Court regarding time billed in the prosecution of this action; and it is further ORDERED, that all other counsel are prohibited from taking any action on behalf of the Plaintiffs and putative class in this Consolidated Action without advance authorization from Co-Lead Interim Class Counsel, except for application to modify or be relieved from this Memorandum-Decision and Order; and it is further ORDERED, that the mere communication of otherwise privileged information among and between Plaintiffs counsel shall not be deemed a waiver of the attorney-client privilege or the attorney work product immunity, as the Court recognizes that cooperation by and among counsel is essential for the orderly and expeditious resolution of this litigation; and it is further ORDERED, that, pursuant to Federal Rule of Civil Procedure 1, counsel for all parties are directed to cooperate with one another, wherever possible, to promote the expeditious handling of pretrial proceedings in the Consolidated Action, and related civility principles governing lawyers in the State of New York; and it is further ORDERED, that a master consolidated complaint be filed in the lead case, In re Practice Resources, LLC, Data Security Breach Litigation, No. 22-CV-0890, by Co-Lead Interim Class Counsel within thirty (30) days of the filing date of this Memorandum-Decision and Order; and it is further ORDERED, that Defendant is not required to respond to the presently operative complaints in the two cases captioned above, and shall have thirty (30) days from the date on which Plaintiffs file the consolidated complaint to file its response; and it is further ORDERED, that in the event that Defendants response is a Motion to Dismiss, Plaintiffs shall have thirty (30) days to file their opposition brief, and Defendant shall have twenty-one (21) days to file its reply brief. Signed by Senior Judge Lawrence E. Kahn on 11/22/2022. (dpk)