‘Master Consolidated Complaint’ Due Feb. 22 in T-Mobile Data Breach MDL

The plaintiffs in the multidistrict litigation arising from T-Mobile’s 2022 data breach are to file their “master consolidated complaint” by Feb. 22, said an order signed Monday (docket 4:23-MD-03073) by U.S. District Judge Brian Wimes for Western Missouri in Kansas City. The U.S. Judicial Panel on Multidistrict Litigation assigned Wimes the MDL in a June 2 order (see 2306050001).

T-Mobile's deadline is April 8 to answer or otherwise respond to the master consolidated complaint, said Wimes’ order. That’s also T-Mobile’s deadline to file any motions to compel arbitration, it said.

The judge ordered discovery and any other motion practice stayed until he rules on any motions challenging subject matter jurisdiction or any motions to compel arbitration, said the order. Should T-Mobile not challenge subject matter jurisdiction or not move to compel arbitration, the parties, by April 8, will file a joint proposed scheduling order and discovery plan, it said.

Wimes will convene an in-person status conference March 13 at 1:30 p.m. CDT, with the option for counsel to participate via videoconference, said the order. The judge ordered the parties to meet and confer to prepare and file with the court a joint proposed agenda for the status conference. The agenda is due March 4 “and may include, to the extent necessary or known, a joint proposed schedule for the exchange of arbitration discovery,” said the order.

The judge appointed four attorneys to serve as co-lead interim class counsel. The attorneys include James Cecchi of Carella Byrne in Roseland, New Jersey; Cari Laufenberg of Keller Rohrback in Seattle; James Pizzirusso of Hausfeld in Washington; and Norman Siegel of Stueve Siegel in Kansas City, Missouri. Cecchi also serves as the plaintiffs’ interim lead counsel in the Samsung data breach MDL now pending before U.S. District Judge Christine O’Hearn in Camden, New Jersey (see 2302280010).

Wimes’ order also appointed Maureen Brady of McShane & Brady in Kansas City, Missouri, as liaison counsel. The MDL’s four-member executive committee includes Kaleigh Boyd of Tousley Brian in Seattle; Thomas Cartmell of Wagstaff & Cartmell in Kansas City, Missouri; Thomas Loeser of Hagens Berman in Seattle; and Candace Smith of Herman Jones in Atlanta. The judge made the appointments after interviewing applicants for leadership positions on Nov. 29 and Dec. 8, said the order.