Sanchez v. Panera, LLC

Filing 19

OPINION, MEMORANDUM AND ORDER (See Full Order). IT IS HEREBY ORDERED that Plaintiffs' Motion for Appointment of Interim Class Counsel, [Doc. No. 17 ], is granted. IT IS FURTHER ORDERED that M. Anderson Berry and Ryan Maxey as the Proposed Interim Co-Lead Class Counsel. IT IS FURTHER ORDERED that Laura Van Note, Raina Borrelli and Jessica A. Wilkes are appointed to the Executive Committee in this matter. Signed by District Judge Henry Edward Autrey on 1/3/2025. (HMA)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
IN RE; PANERA DATA SECURITY
LITIGATION

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CASE NO: 4:24CV847 HEA

OPINION, MEMORANDUM AND ORDER
This matter is before the Court on Plaintiffs' Motion to Appoint Interim
Class Counsel, [Doc. No 17]. Defendant has not responded to the Motion.
Plaintiffs move for the appointment of M. Anderson Berry and Ryan D. Maxey
(“Proposed Interim Class Counsel”) as interim co-lead class counsel and appoint
an executive committee consisting of Laura Van Note, Raina Borrelli and Jessica
Wilkes (the “Proposed Executive Committee”)to a Plaintiffs' Leadership
Committee pursuant to Federal Rule of Civil Procedure 23(g).
Rule 23(g)(3) provides that the court “may designate interim counsel to act
on behalf of a putative class before determining whether to certify the action as a
class action.” When appointing class counsel, interim or otherwise, Rule
23(g)(1)(A) requires the court to consider (1) “the work counsel has done in
identifying or investigating potential claims in the action,” (2) “counsel's
experience in handling class actions, other complex litigation, and the types of
claims asserted in the action,” (3) “counsel's knowledge of the applicable law,” and

(4) “the resources that counsel will commit to representing the class.” The court
may also consider “any other matter pertinent to counsel's ability to fairly and
adequately represent the interests of the class.” Fed. R. Civ. P. 23(g)(1)(B). The
Manual for Complex Litigation (“The Manual”) provides that the court should
“ensure that counsel appointed to leading roles are qualified and responsible, that
they will fairly and adequately represent all of the parties on their side, and that
their charges will be reasonable.” Coordination in Multiparty Litigation—
Lead/Liaison Counsel and Committees, Ann. Manual Complex Lit. § 10.22 (4th
ed.). “Counsel designated by the court also assume a responsibility to the court and
an obligation to act fairly, efficiently, and economically in the interests of all
parties and parties' counsel.” Id.
Upon review of the Rule 23(g)(3) factors, the Court finds that the nowconsolidated actions would benefit from interim class counsel for efficient case
management prior to class certification. As demonstrated by their brief and
accompanying resumes, Plaintiffs' Counsel satisfy the requirements for such
appointment by the Court. First, Plaintiffs' Counsel have engaged in sufficient
identification and investigation regarding the potential claims in this present action
by analyzing the circumstances surrounding the data breach, identifying a
document related to Defendant’s data security policies, investigating reports on the
Internet that Defendant may have been the subject of a ransomware attack.
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Next, as demonstrated by the brief and accompanying resumes, Plaintiffs'
Counsel are extremely experienced and qualified, and each has knowledge of the
applicable law, experience in managing and prosecuting complex class action cases
involving data security and privacy, notable successes against large corporate
defendants, and resources they are willing to expend to litigate this case.
It is apparent that all counsel have knowledge and expertise in the applicable
law and have resources at their respective law firms they are willing to expend to
litigate these cases.
The Court finds that appointment of Plaintiff's Counsel as interim class
counsel at this juncture is appropriate under Federal Rule of Civil Procedure 23(g).
The Court will also create an Executive Committee. Laura Van Note, Raina
Borrelli, Jessica A. Wilkes, are appointed to serve on the said Committee.
Accordingly,
IT IS HEREBY ORDERED that Plaintiffs' Motion for Appointment of
Interim Class Counsel, [Doc. No. 17], is granted.
IT IS FURTHER ORDERED that M. Anderson Berry and Ryan Maxey as
the Proposed Interim Co-Lead Class Counsel
IT IS FURTHER ORDERED that Laura Van Note, Raina Borrelli and

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Jessica A. Wilkes are appointed to the Executive Committee in this matter.
Dated this 3rd day of January, 2025.

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HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE

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