The consolidated litigation stems from allegations that Intuitive Surgical Operations Inc. and its parent company Intuitive Surgical Inc. suffered a data breach affecting customer information. Plaintiffs Edward Gonzales and Raymond Earl Guyton filed separate class action lawsuits seeking to represent consumers whose data was allegedly compromised in the breach.
Judge Pitts granted the plaintiffs' motion to consolidate the cases under the first-filed Gonzales case number, finding that consolidation would promote efficiency and avoid duplication. 'The Related Cases currently pending in this District, and any other action arising out of the same or similar operative facts and seeking relief on class or representative basis now pending or hereafter filed in, removed to, or transferred to this District, shall be consolidated for pre-trial purposes,' Pitts wrote in the order.
The court appointed John J. Nelson of Milberg PLLC and Carly M. Roman of Strauss Borrelli PLLC as interim co-lead class counsel. The order gives the attorneys broad authority to coordinate discovery, conduct settlement negotiations, and serve as primary contacts with defendants and the court. Plaintiffs must file a consolidated amended complaint within 30 days.
The consolidation order establishes procedures for any future related cases to be folded into the litigation and sets deadlines for defendants' responses. The ruling creates a framework for what could become a significant data breach class action against the medical device maker, known for its robotic surgery systems.