Lomedico v. MarineMax, Inc.

Filing 17

ORDER GRANTING #15 Joint Motion to Consolidate Cases, except as to future filed cases. The case Niblock v. MarineMax, Inc., Case No. 8:24-cv-1955-MSS-NHA, is hereby consolidated with this case, Lomedico v. MarineMax, Inc., Case No. 8:24-cv-1784-MSS-AEP. The Parties' motion for the appointment of interim class counsel is GRANTED. Any deadlines currently pending are hereby STAYED and TERMINATED. A consolidated class action complaint shall be filed in this case within forty-five (45) days of the date of this Order. Defendants shall file an answer or otherwise respond to the consolidated class action complaint within forty-five (45) days of the date on which the complaint is filed. If Defendants file a motion to dismiss, Plaintiffs may respond within thirty (30) days of the date on which the motion is filed. Defendants may file a reply to any response, not to exceed five (5) pages, within thirty (30) days of the date on which the response is filed. The Clerk is DIRECTED to CLOSE the case styled as Niblock v. MarineMax, Inc., Case No. 8:24-cv-1955-MSS-NHA. Signed by Judge Mary S. Scriven on 9/25/2024. (AC) Modified on 9/25/2024 (AC).

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
SANDRO LOMEDICO,
Plaintiff,
v.

Case No. 8:24-cv-1784-MSS-AEP

MARINEMAX, INC.,
Defendant.
KEVIN J. NIBLOCK,
Plaintiff,
v.

Case No: 8:24-cv-1955-MSS-NHA

MARINEMAX, INC.,
Defendant.
_________________________________
ORDER
THIS CAUSE comes before the Court for consideration of the Joint Motions
to Consolidate filed in Lomedico v. MarineMax, Inc., Case No. 8:24-cv-1784, (Dkt.
15), and Niblock v. MarineMax, Inc., Case No. 8:24-cv-1955. (Dkt. 15) Therein, the
Parties seek to consolidate the two cases. The Parties in both actions are represented
by the same counsel, who represent that no Party opposes consolidation of these two
cases. (Dkt. 15 at 2–4) The Parties also request the Court consolidate any other future
actions filed in this Court or transferred to this Court against Defendant MarineMax,

Inc., in connection with an alleged data breach that occurred in March 2024. (Id. at 1–
2) The Parties further request the Court appoint Mariya Weekes and Brittany Resch
jointly as interim class counsel, stay any pending deadlines, and require the filing of a
consolidated class action complaint within forty-five days of the entry of this Order.
(Id. at 2) The Parties request the Court designate unique deadlines for the Parties’
responses or other pleadings following the filing of the consolidated class action
complaint. (Id.)
The Court finds that the consolidation of the two cases pending against
Defendant is appropriate. Each case is a class action lawsuit seeking redress for harm
allegedly caused by the same event, an alleged March 2024 data breach. The cases
arise from same set of operative facts. The plaintiffs assert overlapping claims on behalf
of similarly defined classes and seek similar relief. For these reasons, the Court finds
their consolidation would conserve judicial resources, avoid duplicative adjudication,
and lessen the time and expense required to resolve the litigation. However, the Court
declines to order the prospective consolidation of related cases filed in the future or
later transferred to this Court. Such cases may be consolidated with this case, if
appropriate, upon a motion by one or both of the Parties.
Additionally, the Court finds the proposed interim class counsel, Mariya
Weekes and Brittany Resch, will fairly and adequately represent the interests of the
class during precertification proceedings. Counsel represents they have performed
substantial work and investigation in this case to this point. (Dkt. 15 at 12–14) They
also represent they each have sufficient experience as lead or co-lead counsel in class

action litigation related to data breaches to adequately represent the plaintiffs in this
case. (Id. at 14–19) Based on the foregoing, Court finds it appropriate to appoint
Mariya Weekes and Brittany Resch jointly as interim class counsel.
Accordingly, pursuant to Federal Rule of Civil Procedure 42 and Middle
District of Florida Local Rule 1.04(c), it is hereby ORDERED as follows:
1. The Joint Motion to Consolidate, (Dkt. 15), is GRANTED except as to
future actions.
2. The above-captioned civil cases are hereby CONSOLIDATED for all
further proceedings.
3. All parties are ORDERED to file all prospective documents in the Lead
Case, Lomedico v. MarineMax, Inc., Case No. 8:24-cv-1784-MSS-AEP,
using the style of the lead case in the caption.
4. The Parties’ motion for the appointment of Mariya Weekes and Brittany
Resch as joint interim class counsel is GRANTED.
5. Any

deadlines

currently

pending

are

hereby

STAYED

and

TERMINATED.
6. A consolidated class action complaint shall be filed within forty-five (45)
days of the date of this Order. Defendants shall file an answer or
otherwise respond to the consolidated class action complaint within
forty-five (45) days of the date on which the complaint is filed. If
Defendants file a motion to dismiss, Plaintiffs may respond within thirty

(30) days of the date on which the motion is filed. Defendants may file a
reply to any response, not to exceed five (5) pages, within thirty (30) days
of the date on which the response is filed.
7. The Clerk is DIRECTED to close the case styled as Niblock v.
MarineMax, Inc., Case No. 8:24-cv-1955-MSS-NHA.

DONE and ORDERED in Tampa, Florida, this 25th day of September 2024.

Copies furnished to:
Counsel of Record
Any pro se party