In re Phia Group LLC Data Security Litigation

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
In Re Phia Group LLC Data Security
Litigation
Case No. 1:26-cv-10530-AK
ORDER GRANTING PLAINTIFFS
WILLIAMS AND BRYAN’S MOTION
FOR APPOINTMENT OF INTERIM
CLASS COUNSEL AND LIAISON
COUNSEL
Judge: 	Hon. Angel Kelley
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THIS MATTER comes before the Court on Plaintiffs Williams and Bryan’s Motion for
Appointment of Interim Class Counsel and Liaison Counsel.
GOOD CAUSE APPEARING, the motion for appointment of interim class counsel and
liaison counsel is GRANTED.
1. 	Without prejudicing the propriety of class certification, the Court hereby appoints
attorneys Amber L. Schubert of the law firm Schubert Jonckheer & Kolbe LLP and Gerald D.
Wells, III of Lynch Carpenter LLP as Interim Co-Lead Class Counsel pursuant to Rule 23(g)(3)
of the Federal Rules of Civil Procedure.
2. 	Without prejudicing the propriety of class certification, the Court hereby appoints
attorney Ian J. McLoughlin of the law firm Shapiro Haber & Urmy LLP as Interim Liaison
Counsel.
3. 	Interim Co-Lead Class Counsel shall be responsible for the overall conduct of the
litigation on behalf of the plaintiffs in this consolidated action. In particular, Interim Co-Lead Class
Counsel shall have the sole and exclusive responsibility to:
a. 	Investigate the claims, including interviews of witnesses, collection of
evidence, and retention of consultants, investigators, and experts;
b. 	Sign any pleadings, motions, briefs, discovery requests or objections,
subpoenas, or notices on behalf of plaintiffs;
c. 	Prepare and file a consolidated complaint, including formulating pleading
strategies;
d. 	Conduct and coordinate discovery on behalf of plaintiffs, including any
motion practice related thereto;
e. 	Brief and argue the motion to dismiss;
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f. 	Brief and argue the motion for class certification;
g. 	Negotiate 	with 	defense 	and 	other 	counsel 	with 	respect 	to 	potential
settlement and other matters after adequate due diligence;
h. 	Enter into stipulations necessary for the conduct of the litigation with
opposing counsel;
i. 	Consult, as necessary in the best interests of the putative classes, with any
additional counsel for plaintiffs appearing in the consolidated action to
obtain their input concerning strategy and to be the primary spokespersons
for the putative classes;
j. 	Assign, delegate, and supervise work assignments to other plaintiffs’
counsel;
k. 	Act 	as 	Interim 	Co-Lead 	Class 	Counsel 	in 	any 	appeal 	prior 	to 	the
appointment of Class Counsel;
l. 	Collect time and expense reports from any other plaintiffs’ firms appearing
in the consolidated action tasked with work assignments; and
m. 	Advance and protect the interests of the putative classes in all respects and
to 	honor 	all 	its 	responsibilities, 	including 	making 	sure 	that 	all
representations and commitments made on their behalf are honored.
4. 	Interim Liaison Counsel shall perform functions as directed by Interim Co-Lead
Class Counsel, or as may be expressly directed by Order of the Court.
5. 	Interim Liaison Counsel and all other plaintiffs’ counsel who are or may become
involved in the Consolidated Action are prohibited from undertaking any work (including filings,
discovery, or other litigation activities) or taking any action on behalf of the putative Class in this
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Consolidated Action without advance authorization from Interim Co-Lead Class Counsel, except
for an application to modify or be relieved from this order. Interim Co-Lead Class Counsel and
Interim Liaison Counsel shall take all reasonable steps to avoid duplicative work and ensure that
work is performed efficiently.
6. 	No pleadings or other papers shall be filed or tasks performed by plaintiffs’ counsel
in the consolidated action without the advance approval of Interim Co-Lead Class Counsel. No
discovery shall be conducted by the plaintiffs without the advance approval of Interim Co-Lead
Class Counsel. This is intended to prevent duplication of pleadings, discovery, or tasks by
plaintiffs’ counsel.
7. 	All 	Plaintiffs’ 	counsel, 	including 	Interim 	Liaison 	Counsel, 	shall maintain
contemporaneous and detailed time and expense records. Interim Co-Lead Class Counsel
shall collect these records on a regular basis and review them to ensure that only authorized,
reasonable, and non-duplicative work is submitted for potential reimbursement.
8. 	Consistent with these responsibilities, the Court will enter the separate order
attached as Exhibit A outlining billing guidelines concerning costs, expenses, and attorneys’ fees
in the consolidated action.
9. 	The Court recognizes that cooperation by and among counsel is essential for the
orderly and expeditious resolution of this litigation. Accordingly, the mere communication of
otherwise privileged information among and between plaintiffs’ counsel shall not be deemed a
waiver of the attorney-client privilege or the attorney work product immunity.
10. 	All further scheduling issues in the consolidated action shall be addressed in a joint
proposed briefing schedule to be filed by the parties contemporaneously with this proposed order.
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11. 	Counsel for all parties are directed to cooperate with one another, wherever
possible, to promote the expeditious handling of pre-trial proceedings in the consolidated action.
IT IS SO ORDERED.
Dated: __________________ 	_______________________________
Angel Kelley
U.S. District Judge
4/2/2026 //s Angel Kelley
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