The court granted the unopposed motion to consolidate the cases under Federal Rule of Civil Procedure 42(a), finding that the suits arise from the same alleged breach of the defendant’s computer network between August 20, 2025, and September 11, 2025.
The court designated Gross v. Banner Capital Bank, Case No. 7:26-cv-5007, as the lead case, which will now proceed under the title In Re Banner Capital Bank Data Privacy Litigation. The other two actions, Brown v. Banner Capital Bank (7:26-cv-05008) and Rankin v. Banner Capital Bank (8:26-cv-118), were designated as member cases.
Plaintiffs Leslie Gross, Jason Brown, and Erica Rankin sought consolidation to promote judicial economy and reduce costs, arguing that the cases raise common legal questions regarding the bank’s alleged breach of common law or statutory duties.
The court also appointed Laura Van Note of Cole & Van Note, Carl V. Malmstrom of Wolf Haldenstein Adler Freeman & Herz LLC, and Leigh S. Montgomery of Ellzey Kherkher Sanford Montgomery LLP as interim co-lead counsel under Federal Rule of Civil Procedure 23(g).
In appointing counsel, the court noted that the attorneys had already investigated the facts, researched the legal basis for liability, and coordinated the filing of the consolidation motion. The court cited their experience in data security and privacy class actions, noting Van Note’s firm has served as court-appointed counsel in dozens of similar matters.
The order grants plaintiffs 30 days to file a consolidated amended complaint in the lead case. The defendant will have 30 days after the filing of that complaint to answer or otherwise respond.
Once the consolidated complaint is filed, the clerk is directed to administratively close the two member cases. The court instructed parties to file all further documents in the lead case using the court’s “spread text” feature, with exceptions for complaints, amended complaints, answers, and notices of appeal, which must be filed separately in each case.
The data breach allegedly resulted in unauthorized third-party access to plaintiffs’ sensitive personal identifiable information. Plaintiffs received notice from the bank that they were victims of the breach on or around March 6, 2026.
The court warned that any subsequently filed or transferred cases arising from the same subject matter must be notified to the court as related under NEGenR. 1.4(A), and any party objecting to consolidation in a new case must file a motion within 14 days of their first appearance.