Miller v. 3c Care Systems LLC and Midwest Spine & Brain Institute

Background

Six separate putative class actions (lawsuits where named plaintiffs seek to represent a larger group of similarly situated people) were filed in the District of Minnesota against the same two defendants: 3c Care Systems LLC and Midwest Spine & Brain Institute, LLC. The named plaintiffs are Stacia Miller, Elizabeth Williams, Sammie Austin, Gerald Jensen, Terri Fink, and Doug Voss. The opinion does not describe the substantive allegations in detail, but the consolidated caption — 'In re 3c Care & Midwest Spine Data Breach Litigation' — indicates the cases involve a data breach.

Procedural Posture

Plaintiffs filed a Motion to Consolidate Related Actions and Appoint Interim Class Counsel (ECF No. 8) in the lead case, Miller v. 3c Care Systems LLC, No. 26-cv-3681. The motion was brought under Federal Rule of Civil Procedure 42(a), which permits a court to consolidate actions that involve common questions of law or fact. The opinion does not reflect any opposition from defendants.

Ruling

Magistrate Judge Dulce J. Foster granted the motion in full. The court found that all six cases involve common questions of law and fact and that consolidation would promote judicial efficiency and prevent duplicative work and expense by the parties, citing Adedipe v. U.S. Bank, Nat. Ass'n, 2014 WL 835174 (D. Minn. March 4, 2014).

Key Orders

Consolidation All six cases are consolidated under Case No. 26-cv-3681. The new unified caption is 'In re 3c Care & Midwest Spine Data Breach Litigation.' Any future actions arising from substantially the same subject matter that meet Rule 42(a) requirements will also be consolidated into this action.

Briefing Schedule The court set the following deadlines for the Consolidated Action: - October 15, 2026: Plaintiffs must file a Consolidated Class Action Complaint. - November 30, 2026: Defendants must file an answer or motion to dismiss. - January 14, 2027: If defendants move to dismiss, plaintiffs' opposition is due. - February 4, 2027: Defendants' reply in support of any motion to dismiss is due.

Appointment of Interim Lead Class Counsel Raina C. Borrelli is appointed as Interim Lead Class Counsel. Her enumerated responsibilities include: presenting the putative class's positions to the court and opposing parties; coordinating discovery; convening meetings among counsel; conducting settlement negotiations; delegating tasks to other plaintiffs' counsel; negotiating stipulations; monitoring compliance with schedules and litigation deadlines; ensuring billing and expense protocols are followed; serving as the primary contact between the court and other counsel; distributing notices and orders; communicating with defense counsel; and allocating any court-awarded attorneys' fees, costs, and expenses among plaintiffs' counsel.

All other plaintiffs' counsel involved in the Consolidated Action are prohibited from taking action on behalf of the putative class without advance authorization from Interim Lead Class Counsel, except to seek modification of or relief from this order.

Additional Directives The court ordered that communications of privileged information among plaintiffs' counsel shall not constitute a waiver of attorney-client privilege or work product protection, recognizing that inter-counsel cooperation is essential. All counsel are directed to cooperate with one another to promote efficient handling of pretrial proceedings. The order applies to any action filed in, transferred to, or remanded to this court that relates to the same subject matter.