Reported / Citable
Background
Six putative class actions alleged that Catalyst Brands LLC, JCPenney, and, in one action, Authentic Brands Group LLC failed to protect sensitive employment information exposed in a June 2026 data breach. The allegedly compromised information included names, W-2 tax records, and Social Security numbers.
The plaintiffs moved to consolidate the actions, appoint Gerald D. Wells III and Raina C. Borrelli as interim class counsel, stay pleading and other deadlines, and establish a 45-day deadline for a consolidated complaint. Defendants consented to consolidation, the stay, and the proposed pleading schedule but took no position on interim class counsel.
The Court’s Holding
The court granted the motion in part, consolidating all six actions for pretrial proceedings and trial under Federal Rule of Civil Procedure 42(a). It found that the cases arose from the same alleged data breach, asserted overlapping claims for similarly defined putative classes, and sought similar relief. Consolidation would conserve resources and reduce the risk of inconsistent rulings, while creating minimal prejudice because the cases were at the same early procedural stage.
The court designated Feldman v. Catalyst Brands LLC et al., No. 4:26-cv-00649, as the lead case and appointed Wells and Borrelli as interim class counsel. It denied the requested stay but ordered plaintiffs to file a consolidated class-action complaint within 45 days and defendants to answer or otherwise respond within 45 days after that filing.
Key Takeaways
- The six putative class actions were consolidated for all purposes, including pretrial proceedings and trial.
- All future filings must be made in the Feldman lead case under Master File No. 4:26-cv-00649.
- Interim class counsel received exclusive authority to coordinate plaintiffs’ pretrial work, discovery, communications, and settlement negotiations.
- The court declined to stay existing deadlines but established sequential 45-day deadlines for the consolidated complaint and defendants’ response.
Why It Matters
The order centralizes litigation arising from the same alleged data breach, reducing duplicative discovery, motion practice, and proceedings while guarding against inconsistent decisions. It also establishes a unified leadership structure for the putative class before any class has been certified.
Although entered on the Jatta docket, the order directs the parties to proceed in the Feldman lead case. It also extends to later-filed, transferred, removed, or otherwise related actions concerning the same alleged breach.