The consolidated litigation stems from alleged data security breaches at Mercer Advisors Inc. and Mercer Global Advisors Inc., with plaintiffs Paul Berger and John Amick seeking to represent classes of individuals affected by the incidents. The cases were filed as separate class actions but involved substantially similar claims against the same defendants.
U.S. District Judge S. Kato Crews granted the consolidation motion "for good cause and for the reasons stated in the Motion," establishing a new case name "In re Mercer Advisors Data Security Litigation." The judge appointed Gary Klinger of Milberg PLLC, James J. Pizzirusso of Hausfeld LLP, and Linda P. Nussbaum of Nussbaum Law Group PC as interim co-lead counsel, with Eric Olson of Olson Grimsley Kawanabe Hinchcliff & Murray LLC serving as interim liaison counsel.
The court vacated all previous deadlines in the individual cases and established a new briefing schedule requiring plaintiffs to file a consolidated class action complaint within 30 days. Defendants will have 60 days to respond to the consolidated complaint, with subsequent motion practice following standard timelines.
The consolidation order will apply to any future related actions filed in or transferred to the Colorado federal court arising from the same operative facts. The appointment of interim class counsel gives the legal team broad authority to coordinate discovery, settlement negotiations, and other pretrial activities while the litigation develops.