In Re: Peoples Bank, as a Successor to Limestone Bank, Data Breach Litigation, No. 2:2023cv03043 - Document 15 (S.D. Ohio 2023)

Court Description: OPINION AND ORDER granting 8 Motion to Consolidate Cases. Signed by Judge Michael H. Watson on 12/14/23. (ds)

Download PDF
In Re: Peoples Bank, as a Successor to Limestone Bank, Data Breach Litigation Doc. 15 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION Latasha Brooks, et al., Plaintiffs, Case No. 2:23-cv-3043 V. Judge Michael H. Watson Peoples Bank, Magistrate Judge Deavers Defendant. Earl Blankenship, Plaintiff, Case No. 1:23-cv-603 Judge Michael H. Watson V. Peoples Bank, Magistrate Judge Deavers Defendant. Stephen McDonald, Plaintiff, Case No. 2:23-cv-3084 V. Judge Michael H. Watson Peoples Bank, Magistrate Judge Deavers Defendant. Dockets.Justia.com Cheryl Barefoot, CaseNo. 2:23-cv-3161 Plaintiff, V. Judge Michael H. Watson Peoples Bank, Magistrate Judge Deavers Defendant. OPINION AND ORDER Latasha Brooks, Michael Brooks, Earl Blankenship, Stephen McDonald, and Cheryl Barefoot (collectively, "Plaintiffs") move to consolidate the abovecaptioned cases. ECF No. 8, Case No. 2:23-cv-3043. The motion is unopposed. Id. For the following reasons, the motion is GRANTED. Plaintiffs' claims arise out of a data breach of Peoples Bank's ("Defendant") system. See generally, Compl., EOF No. 1, Case No. 2;23-cv3043; Compl., ECF No. 1, Case No. 1:23-cv-603; Compl., ECF No. 1, Case No. 23-CV-3084; Compl., ECF No. 1 , Case No. 23-cv-3161. Plaintiffs allege, among other things, that Defendant used inadequate cybersecurity measures that left Plaintiffs' Personally Identifiable Information vulnerable to cyberattacks. Id. Plaintiffs bring claims on an individual and class-wide basis. Id. Plaintiffs now move to consolidate their cases. ECF No. 8, Case No. 2:23-cv-3043. I. CONSOLIDATION To promote judicial economy, Federal Rule of Civil Procedure 42 authorizes a court to consolidate two or more cases when each involves a Case No. 2:23-cv-3043 Case No. 1:23-cv-603 Case No. 2:23-cv-3084 CaseNo. 2:23-cv-3161 Page 2 of 4 common question of law or fact. Fed. R. Civ P. 42(a). "Whether cases involving the same factual and legal questions should be consolidated for trial is a matter within the discretion of the trial court[. ]" Cantrell v. GAF Corp., 999 F.2d 1007, 1011 (6th Cir. 1993) (citation omitted). Upon review, the Court finds that the cases should be consolidated. All cases involve common facts: the data breach. All cases also involve common questions of law, including whether Defendant had unlawfully inadequate cybersecurity measures. Consolidation will best serve the goals of the Federal Rules of Civil Procedure by promoting judicial efficiency, avoiding duplicative and potentially contradictory rulings, and reducing the complexity of the cases. Magna Electronics Inc. v. TRWAuto. Holdings Corp., Nos. 1:12-cv-654, 1:13-cv- 324, 1:13-cv-687, 2013 WL 12086667, at*3(W. D. Mich. Sept. 25, 2013). II. CONCLUSION For these reasons, Plaintiffs' motion, ECF No. 8, Case No. 2:23-cv-3043 is GRANTED. The Court ORDERS that Case Nos. 2:23-cv-3043, 1 ;23-cv-603, 2:23-cv-3084, and 2;23-cv-3161 be consolidated into Case No. 2:23-cv-3043. Case 2:23-cv-3043 shall be re-captioned as "In re Peoples Bank, as a Successor to Limestone Bank, Data Breach Litigation." Case No. 2:23-cv-3043 Case No. 1:23-cv-603 Case No. 2:23-cv-3084 CaseNo. 2:23-cv-3161 Page 3 of 4 Plaintiffs also ask that discovery be stayed pending resolution of the motion to consolidate. ECF No. 8. Because the Court has now resolved the motion to consolidate, the request to stay is DENIED AS MOOT. The Clerk shall terminate ECF No. 8 in Case No. 2:23-cv-3043. IT IS SO ORDERED. Ml HAELH. WA SON, JUDGE UNITED STATES DISTRICT COURT Case No. 2:23-cv-3043 Case No. 1 ;23-cv-603 Case No. 2:23-cv-3084 CaseNo. 2:23-cv-3161 Page 4 of 4

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.