Thompson v. Apex Global Solutions, LLC
- Philip Halpern
- 7:25-cv-05021
- U.S. District Court · Southern District of New York
- 6
In Thompson v. Apex, Judge Halpern granted an unopposed application to combine related data-breach cases and appoint interim class counsel.
The four plaintiffs and proposed nationwide class members in the related Apex Global data-breach cases; Todd S. Garber and Jeff Ostrow were proposed for interim co-lead counsel appointments.
What happened
In Thompson v. Apex Global Solutions, LLC, Keia Thompson asked the Southern District of New York to combine four cases involving the same alleged data breach. The cases asserted overlapping legal and factual issues concerning exposed personal and health information.
The application also asked the court to appoint Todd S. Garber and Jeff Ostrow as interim co-lead lawyers for the proposed nationwide class. The parties agreed to combining the cases, the plaintiffs consented to the appointments, and Apex Global took no position on the appointments.
Judge Philip Halpern granted the application as unopposed. The court stated that the parties’ proposed order would be docketed separately.
The detailed version
- Thompson v. Apex Global Solutions, LLC · No. 7:25-cv-05021
- Philip Halpern
- June 30, 2025
Background
Keia Thompson, through counsel, filed an application under Federal Rule of Civil Procedure 42(a) to consolidate four cases pending in the Southern District of New York concerning an alleged unauthorized access of Apex Global Solutions, LLC’s network systems between June 18 and July 2, 2024. The alleged incident exposed patients’ personally identifiable information and personal health information.
The related cases were Thompson v. Apex Global Solutions, LLC, No. 7:25-cv-05021; Morrison v. Apex Global Solutions LLC, No. 1:25-cv-05034; Williams v. Apex Global Solutions, LLC, No. 7:25-cv-05040; and Daly v. Apex Global Solutions, LLC, No. 1:25-cv-05198. The complaints all named Apex Global as a defendant and sought to represent a nationwide class of people affected by the alleged data breach. They shared negligence claims and, in most cases, additional claims including unjust enrichment, negligence per se, breach of contract, breach of fiduciary duty, and violation of New York General Business Law § 349.
The application also sought appointment of Todd S. Garber of Finkelstein, Blankinship, Frei-Pearson & Garber, LLP and Jeff Ostrow of Kopelowitz Ostrow PA as interim co-lead class counsel. The application described their experience with data-breach and other complex class actions, knowledge of the applicable law, prior investigation of the case, and the resources available through their firms. The parties had conferred; all parties agreed to consolidation, the plaintiffs in all four cases consented to the proposed leadership appointments, and Apex Global took no position on those appointments.
Court’s Action
The court granted the application as unopposed. The application sought consolidation under Rule 42(a), which permits combining actions that share common questions of law or fact, and appointment of interim co-lead class counsel under Rule 23(g). The court stated that it would docket the parties’ proposed order separately.
Effect
The ruling addressed case management and interim class-counsel leadership. It did not decide the merits of the data-breach claims or determine whether a class should ultimately be certified.
Read the full 6-page opinion on CourtListener, the free public archive maintained by the Free Law Project.