Plaintiff Moves to Consolidate Dish Data Breach Privacy Class Actions

Plaintiff Ritha Fulmore moved the court to consolidate 10 privacy class actions against Dish Network in U.S. District Court for Colorado in Denver. The Wednesday motion (docket 1:23-cv-01556) includes subsequently filed related actions or cases filed involving similar facts or claims involving the company’s alleged failure to secure plaintiffs’ personally identifiable data in February data breach (see 2306230007).

The motion also seeks to appoint Silver Golub (SGT) as interim co-lead class counsel and Shuman Glenn (SGS) as liaison counsel and to set a schedule for the consolidated plaintiffs to file a joint complaint and for defendants to respond. All parties agreed to consolidation, but counsel for plaintiffs that moved June 23 for appointment as interim lead counsel and their leadership slate oppose SGT and SGS as interim co-lead and liaison counsel, the motion said. Counsel for Dish have no objection to the law firm appointments or the proposed briefing schedule.

A group of 13 law firms asked the court to appoint three interim co-lead counsel and a five-member executive committee, with the apparent support of four other firms that would be “counsel for the class” to provide "efficiencies" for the parties and the court and “avoid uncertainty and confusion” on who can speak for the putative class, said the motion. The Group Movants didn't move to consolidate the Fulmore action, though it was filed days before their motion, said the filing.

The court “should not bless the disorder that the Group Movants propose,” said the motion, but instead should “act swiftly” and appoint SGT and SGS “to protect the interest of the class.” The firms have “done the work needed” to prosecute the case and have the experience to do so, and their “lean leadership structure,” having only two firms, “will avoid waste or duplication of effort,” it said. Having two firms would avoid “unnecessary expense typically generated by the bloated leadership structures that appear in most data breach cases," said the motion.

If the cases aren't consolidated, related actions would result in “virtually identical discovery requests, duplicative motion practice" and would cause an “unnecessary drain on judicial resources,” said the motion. To ensure further judicial efficiency, the court should order any future actions that are filed, transferred or removed to the court based on the same or similar facts to be consolidated with the case, it said.

SGT has knowledge and experience in data breach cases involving Apple, Google and Nelnet, said the motion. SGS was liaison counsel in nine class actions against Oppenheimer-related entities based on alleged violations of federal securities laws. SGS also had that role in Qwest Communications International Inc. Securities Litigation, which resulted in a $445 million recovery for the class.

The 10 plaintiffs propose an “expeditious and efficient” briefing schedule, starting with the filing of a consolidated complaint within 30 days from the consolidation order. Defendants would have 30 days to file a response. If defendants file a motion to dismiss, plaintiffs would have 21 days to file their opposition and defendants 15 days to file their reply brief, the motion said.

In addition to Fulmore, the other proposed cases for consolidation are Brooks v. Dish (docket 1:23-cv-01168), Clark v. Dish (docket 1:23-cv-01315), Cruse v. Dish (docket 1:23-cv-01319), Turley v. Dish (docket 1:23-cv-01346), Ellerbrock v. Dish (docket 1:23-cv-01372), Jenkins v. Dish (docket 23-cv-01387), Cardenas v. Dish (docket 1:23-cv-01405), Vest v. Dish (docket 1:23-cv-01462) and Garza v. Dish (docket 1:23-cv-01458).