Andersen v. Sapp Bros., Inc.

Summary

The United States District Court for the District of Nebraska grants plaintiffs’ motion to consolidate three putative class actions arising from the same alleged Sapp Bros. data breach. The court designates Andersen v. Sapp Bros., Inc. as the lead case, establishes procedures for managing the consolidated actions, and sets deadlines for a consolidated amended complaint and responsive pleading. The court also appoints Jeff Ostrow, Gary Klinger, and Andrew J. Shamis as interim co-lead counsel under Federal Rule of Civil Procedure 23(g)(3).

Holdings

1. Consolidation of the three actions, and of subsequently filed or transferred related actions arising from the same subject matter when appropriate, was warranted under Federal Rule of Civil Procedure 42(a).
2. A court may appoint interim co-lead counsel for a putative class before deciding whether to certify the class, and appointment was appropriate here under Federal Rule of Civil Procedure 23(g)(3).

Questions Presented

1. Whether the three related putative class actions arising from the same data breach should be consolidated for all purposes under Federal Rule of Civil Procedure 42(a).
2. Whether the court should appoint interim co-lead counsel before class certification under Federal Rule of Civil Procedure 23(g)(3).

Disposition

other