In Re: Peoples Bank, as a Successor to Limestone Bank, Data Breach Litigation, No. 2:2023cv03043 - Document 23 (S.D. Ohio 2024)

Court Description: OPINION and ORDER granting 20 Motion to Appoint Counsel. Signed by Judge Michael H. Watson on 2/26/2024. (jk)

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In Re: Peoples Bank, as a Successor to Limestone Bank, Data Breach Litigation Doc. 23 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION Latasha Brooks, et al., Plaintiff, Case No. 2:23-cv-3043 V. Judge Michael H. Watson Peoples Bank, Magistrate Judge Deavers Defendants. OPINION AND ORDER Plaintiffs Latasha Brooks, Michael Brooks, Earl Blankenship, Stephen McDonald, and Cheryl Barefoot ("Plaintiffs"), individually and on behalfofall others similarly situated, move the Court to designate Terence R. Coates of Markovits. Stock & DeMarco, LLC, and Philip J. Krzeski of Chestnut Cambronne PA("Counsel"), as interim class co-counsel. See Mot., ECF No. 20. Defendant does not oppose the motion. Id. Forthe following reasons, the motion is GRANTED. Pursuant to Federal Rule of Civil Procedure 23(g)(3), "[t]he [C]ourt may designate interim counsel to act on behalf of a putative class before determining whether to certify the action as a class action. " In selecting interim counsel, "[c]ourts customarily assess applicants underthe rubrics for appointment of permanent class counsel. " In re: Am. Honda Motor Co., Inc., Case No. 2:15-MD2661, 2015 WL 12723036. at *1 (S. D. Ohio Dec. 18, 2015) (citations omitted). Dockets.Justia.com ,/ Accordingly, under Federal Rule of Civil Procedure 23(g)(2), the Court must consider: (i) the work counsel has done in identifying or investigating potential claims in the action; (ii) counsel's experience in handling class actions, other complex litigation, and the types of claims asserted in the action; (iii) counsel's knowledge of the applicable law; and (iv) the resources that counsel will commit to representing the class[.] Fed. R. Civ. P. 23(g)(1)(A). The Court must also be assured class counsel will "fairly and adequately represent the interests of the class. " Fed. R. Civ. P. 23(g)(4). Counsel have already begun working to efficiently manage the litigation, have successfully litigated many class actions involving data breach claims, have demonstrated knowledge of applicable laws, and have the necessary resources to prosecute the litigation. Seegenerally, Mot., EOF No. 20; Declaration of Terrence R. Coates, ECF No. 20-1; Chestnut Cambronne Firm Resume, ECF No. 20-2 (listing class action cases the firm has been involved with). In addition, the motion is unopposed. Accordingly, Counsel are qualified to be interim cocounsel, and the Court believes Counsel will fairly and adequately represent the class. Case No. 2:23-cv-3043 Page 2 of 3 Plaintiffs' motion to appoint interim class co-counsel is GRANTED. The Court APPOINTS Terence R. Coates of Markovits, Stock & DeMarco, LLC, and Philip J. Krzeski of Chestnut Cambronne PA, as interim class co-counsel. The Clerk shall terminate ECF No. 20. IT IS SO ORDERED. - A/ CHAELH. W TSON, JUDGE UNITED STATES DISTRICT COURT Case No. 2:23-cv-3043 Page 3 of 3

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