Wendy Scher Individually And On Behalf Of All Others Similarly Situated V

Key Facts

Issues

• The court appointed Gary Klinger of Milberg, PLLC and Adam M. Harris of Israel David LLC as interim co-lead class counsel under Rule 23(g)(3). The decision emphasized their expertise in data privacy litigation, prior investigation efforts, and ability to manage complex class action proceedings effectively.
• The court consolidated five related data breach lawsuits (Scher, Augenblick, Hall, Aiello, and Sanchez) under Rule 42(a) to promote judicial economy, avoid inconsistent rulings, and streamline proceedings. The lead case was designated as Scher v. Cohen Fashion Optical, LLC, No. 2:25-cv-06071-JMW.

Holdings

• The court granted the motion to consolidate multiple cases involving a data breach into a single consolidated action under the lead case Scher v. Cohen Fashion Optical, LLC.
• The court appointed Gary Klinger of Milberg, PLLC and Adam M. Harris of Israel David LLC as Interim Co-Lead Class Counsel to manage the consolidated action.

Remedies

• Plaintiffs must file an operative Consolidated Class Action Complaint within thirty (30) days of this Order. Defendant is not required to respond to initial complaints in the Related Actions but must respond to the Consolidated Class Action Complaint within thirty (30) days of its filing.
• Gary Klinger of Milberg, PLLC and Adam M. Harris of Israel David LLC are appointed as interim co-lead class counsel. Their responsibilities include coordinating discovery, designating counsel for depositions, determining plaintiffs' positions on pretrial matters, conducting settlement negotiations, and submitting suggestions for additional committees.
• The Clerk of Court is directed to administratively close the Augenblick, Hall, Aiello, and Sanchez actions and transfer all docketed documents from the Related Actions into the Consolidated Action. All future filings must be made under the lead case number 2:25-cv-06071-JMW.
• The following cases are consolidated under the new title 'In Re: Cohen Fashion Optical Data Incident Litigation' pursuant to Fed. R. Civ. P. 42(a): Scher v. Cohen Fashion Optical, LLC (No. 2:25-cv-06071-JMW), Augenblick v. Cohen Fashion Optical, LLC (No. 2:25-cv-06086-OEM-ARI), Hall v. Cohen Fashion Optical, LLC (No. 2:25-cv-06147-LGD), Aiello v. Cohen Fashion Optical, LLC (No. 2:25-cv-06209-SJB-SIL), and Sanchez v. Cohen Fashion Optical, LLC (No. 2:25-cv-06261-SIL).

Legal Principles

• Consolidation of cases under Fed. R. Civ. P. 42(a) to promote judicial economy and avoid inconsistent rulings in overlapping data breach litigation.
• Appointment of interim class counsel under Fed. R. Civ. P. 23(g)(3) to protect putative class members' interests during pre-certification litigation management.

Precedent Name

• Mogull v. Pete & Gerry's Organics, LLC
• In re Bank of Am. Corp. Sec., Derivative & ERISA Litig.
• McChesney v. Hogan
• Toussie v. Cnty. of Suffolk
• Shiloah v. GEICO Indem. Co.
• Stewart v. Prac. Res., LLC
• Buonasera v. Honest Co., Inc.
• Johnson v. Celotex Corp.
• Bitzko v. Weltman, Weinberg, & Reis Co., LPA
• Delre v. Perry
• Melville v. HOP Energy, LLC
• In re Parking Heaters Memorandum Antitrust Litig.
• Est. of Sherlip v. Morgan Stanley

Cited Statute

Judge Name

Passage Text

• A class action has been brought seeking damages and injunctive relief for Defendant's alleged failure to safeguard personally identifiable information of its former and current customers stemming from a cyberattack.
• Pursuant to Fed. R. Civ. P. 23(g), the Court hereby appoints Gary Klinger of Milberg, PLLC and Adam M. Harris of Israel David LLC as Interim Co-Lead Class Counsel to act on behalf of the Plaintiffs and the putative Class Members in the Consolidated Action...
• For the foregoing reasons, the unopposed Motion to Consolidate Cases and Appoint Interim Class Counsel (ECF No. 15) is GRANTED, the lead case is Scher v. Cohen Fashion Optical, LLC, No. 25-CV-06071(JMW) (E.D.N.Y.), and all future filings shall be made in the lead case.