Plaintiffs in 6 ESO Data Breach Class Actions Move to Consolidate Their Cases

The plaintiffs in six data breach class actions against ESO Solutions are seeking an order consolidating their related cases and one setting scheduling deadlines, said their coordinated joint motion Tuesday (docket 1:23-cv-01557) in U.S. District Court for Western Texas in Austin. ESO is a supplier of data management software to hospitals and first responders.

In addition, the plaintiffs seek an order appointing Bryan Bleichner of Chestnut Cambronne, Gary Klinger of Milberg and John Yanchunis of Morgan & Morgan as interim class counsel, and Joe Kendall of Kendall Law and Bruce Steckler of Steckler Wayne as Texas co-local counsel.

These actions “bring common claims arising from the same data breach” against ESO, said the plaintiffs’ memorandum. The coordinated plaintiffs allege that ESO’s “inadequate data security allowed a foreseeable and preventable data breach to occur,” it said.

They also all allege that the breach “compromised” their personally identifiable information and that of the putative class members, the memorandum said. The plaintiffs seek “similar damages and equitable relief” arising from the breach, it added.

The coordinated plaintiffs “collectively agree” that consolidation is “appropriate” under Federal Rule of Civil Procedure 42(a), said the memorandum. Their related cases “involve common questions of law or fact” in that they all name ESO as the defendant, and their claims arise from the same events, it said. The plaintiffs also assert “overlapping claims and putative classes.”

Moreover, the plaintiffs agree that consolidation “will avoid unnecessary delay, reduce the risk of inconsistent or duplicative rulings, and mitigate litigation cost,” said the memorandum. The plaintiffs propose filing their consolidated class action complaint within 30 days after the appointment of interim counsel, it said. ESO’s response would be due within 45 days. The plaintiffs propose a 30-day deadline to file their opposition to ESO’s motion to dismiss, and ESO would have 30 days to file its reply in support of a motion to dismiss, it said.