Smith v. Mushrooms
Angela Smith v. Monterey Mushrooms, LLC; Gregory Hanley v. Monterey Mushrooms, LLC; Clara Sherman v. Monterey Mushrooms, LLC
- Nathanael Cousins
- 5:25-cv-08213
- U.S. District Court · Northern District of California
- 7
In Smith v. Monterey Mushrooms, LLC, Judge Freeman consolidated three data-breach cases and appointed interim co-lead class counsel.
The order affects the plaintiffs and proposed class members in the three related data-breach cases, Monterey Mushrooms, LLC, and the plaintiffs' lawyers. It combines the cases, places future filings in Smith, and gives interim co-lead class counsel authority to coordinate the litigation.
What happened
Smith v. Monterey Mushrooms, LLC, Hanley v. Monterey Mushrooms, LLC, and Sherman v. Monterey Mushrooms, LLC are three proposed class actions concerning an August 2025 data breach. The plaintiffs allege that Monterey Mushrooms failed to adequately protect their personal information and that sensitive information was compromised.
The plaintiffs jointly asked the court to combine the cases and appoint interim co-lead lawyers. They argued that the cases involve similar facts and legal claims, so combining them would make the litigation more efficient and reduce duplication.
Judge A. Labson Freeman granted the motion, consolidated the three cases for all purposes, and appointed Scott Edelsberg and Scott Edward Cole as interim co-lead class counsel. The court designated Smith as the consolidated case, administratively closed the other two case files, and ordered the plaintiffs to file a consolidated complaint by November 24, 2025.
The detailed version
- Smith v. Mushrooms · No. 5:25-cv-08213
- Nathanael Cousins
- Oct. 23, 2025
Background
The court considered three related proposed class actions against Monterey Mushrooms, LLC: Smith, No. 25-cv-08213-BLF; Hanley, No. 25-cv-08237-BLF; and Sherman, No. 25-cv-08407-BLF. Each case concerns an alleged August 2025 data breach and the compromise of plaintiffs' personally identifiable information. The complaints allege that Monterey failed to adequately protect that information. The cases include overlapping claims, including negligence and breach of implied contract, and seek similar declaratory and injunctive relief. The complaints also include some claims that do not overlap.
Consolidation
The plaintiffs jointly moved under Federal Rule of Civil Procedure 42(a) to consolidate the cases. The court explained that consolidation may be ordered when cases involve a common question of law or fact, after weighing judicial convenience against potential delay, confusion, or prejudice.
The court found that the three cases involve the same subject matter and alleged wrongful conduct, substantially similar proposed classes, and substantially similar claims. It also found that the same discovery and class-certification issues would be relevant in all three actions. The court concluded that consolidation would conserve judicial resources and reduce the time and cost of trying the cases separately.
Interim Co-Lead Class Counsel
The plaintiffs also asked the court to appoint Scott Edelsberg of Edelsberg Law and Scott Edward Cole of Cole Van Note as interim co-lead class counsel. Interim class counsel may act for a proposed class before the court decides whether to certify a class. The court considered the lawyers' investigation and work on the claims, experience with class actions and complex litigation, knowledge of the applicable law, and ability to commit resources.
The court found it appropriate to appoint Edelsberg and Cole as interim co-lead class counsel. Their responsibilities include coordinating pretrial proceedings and discovery, communicating with the court and defense counsel, conducting settlement negotiations, coordinating plaintiffs' counsel, monitoring deadlines and expenses, and handling other duties related to prosecuting the matter for the proposed class. Other plaintiffs' counsel may work in the litigation only at the direction of interim co-lead class counsel, and interim co-lead class counsel has sole authority to communicate with the court and defendants' counsel on behalf of the plaintiffs unless that authority is delegated.
Order
Judge A. Labson Freeman granted the motion, consolidated Smith, Hanley, and Sherman for all purposes, and designated Smith as the consolidated action. Future filings must be made in Case No. 25-cv-08213-BLF. The clerk was ordered to administratively close Case Nos. 25-cv-08237-BLF and 25-cv-08407-BLF. The plaintiffs must file a consolidated class-action complaint by November 24, 2025. The order concerns consolidation and case management; it does not decide the underlying claims described in the complaints.
Read the full 7-page opinion on CourtListener, the free public archive maintained by the Free Law Project.