MADISON, Wis. The deadline Obitley flagged on Sept. 23 arrived Thursday, and the docket shows no answer from TruStage. Entries 1 through 21 in Bessemer System Federal Credit Union v. TruStage Financial Group contain no answer or extension. The same day that answer was due, Sept. 24, U.S. District Judge William M. Conley of the Western District of Wisconsin signed an order that consolidates all 14 class actions pending against TruStage into one case and stays every deadline for defendants to respond.
The order is docket entry 21, signed and entered Sept. 24. The court's docket entry describes it: "Case Nos. 26-cv-644-wmc, 26-cv-658-wmc ... and 26-cv-698-wmc are consolidated under lead Case No. 26-cv-644-wmc." The order opens: "This matter is before the Court on the Parties' Joint Motion to Consolidate and Stay. The Court finds that there is good cause to adopt the positions and deadlines as proposed by the Parties in the above-captioned actions."
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By the Numbers
ONE CASE OUT OF 14
Consolidation merges separately filed cases into a single proceeding before one judge. The order's caption pages list all 14 case numbers, from 26-cv-644-wmc through 26-cv-698-wmc. Its first ordered paragraph consolidates them "into a single action (the 'Consolidated Action")," captioned "In re TruStage Financial Group, Inc. Data Incident Litigation."
The named plaintiffs are Bessemer System Federal Credit Union, Surf Pediatrics & Medicine P.C. and 13 individuals listed in the caption, among them Marylou Peixoto and Linda Kroutter. Three credit unions appear on the defense side in particular actions: Align Credit Union, First Financial Federal Credit Union and Bowater Employees Credit Union.
ANSWERS PAUSED, REPORTS EVERY 60 DAYS
A stay pauses a deadline. Order ¶4 states: "Defendants' deadlines to answer or otherwise respond to the Complaints in the above-captioned actions are stayed." Order ¶3 adds a reporting requirement: "Every 60 days, beginning 60 days from the date of this Order, the Parties shall file a joint status report with the Court advising the Court of the status of TruStage's investigation and the Parties' position(s) as to a continuation of the stay." Counting 60 days from Sept. 24 puts the first report on Nov. 23, 2026.
TEMPORARY LEAD COUNSEL, DECISION DEFERRED
The order defers the question of long-term plaintiff leadership. The amended motion to consolidate and appoint co-lead counsel is, in the order's words, "held in abeyance," meaning the court will decide it later. Defendants' deadlines to respond to that motion are stayed as well.
In the meantime the order names four temporary lead counsel, the lawyers who will coordinate the plaintiffs' side for now. Lori G. Feldman of Hecht Partners LLP and Charles J. Nerko of NERKO PLLC will lead for the commercial entity plaintiffs. Nickolas J. Hagman of Cafferty Clobes Meriwether & Sprengel LLP and Philip J. Krzeski of Chestnut Cambronne PA will lead for the individual plaintiff group.
HOW THE CASE GOT HERE
An Aug. 11 docket note reads: "Case randomly reassigned to District Judge William M. Conley and Magistrate Judge Anita Marie Boor." Conley signed the consolidation order 44 days later. The signed PDF carries one leftover from the parties' draft: its header still reads "[PROPOSED] ORDER." The signature block and the clerk's entry, "Signed by District Judge William M. Conley on 9/24/2026," confirm it as the operative order.
The litigation follows a cyberattack on TruStage, a Madison, Wisconsin-based insurer whose product lines include Funeral Preplanning Insurance. TruStage identified the attack on July 11, 2026 and disclosed it publicly on July 15, 2026. Magistrate Judge Boor noted in a July 29 text-only order that 13 class actions had been filed in the court since July 17, 2026, each alleging TruStage "failed to properly secure and safeguard private and confidential information during a data security incident and breach on July 15, 2026." The consolidation order now covers 14.
Obitley reported on Sept. 23 that TruStage's preneed claims functions were still only partially available 10 weeks after the attack, and that the Bessemer answer was the nearest deadline on the docket.
WHAT COMES NEXT
The order anticipates more cases. Under ¶2e, the parties must notify the court whenever a related case that should be consolidated into this litigation is "filed in, or transferred to, this Court." The next fixed date is the first joint status report, due Nov. 23, 2026. It must state where TruStage's investigation stands and whether either side wants the stay to continue.
What This Means for You
*Sources: Consolidation and stay order, Bessemer System Federal Credit Union v. TruStage Financial Group, Inc., No. 26-cv-644-wmc (W.D. Wis.), Dkt. 21, signed Sept. 24, 2026; docket entries 1-21; Text Only Order, Dkt. 8, July 29, 2026 (Boor, M.J.).*
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