/raid1/www/Hosts/bankrupt/CAR_Public/210510.mbx
C L A S S A C T I O N R E P O R T E R
Monday, May 10, 2021, Vol. 23, No. 87
Headlines
3M COMPANY: Lynch Files Suit in Northern District of West Virginia
ACCURATE RECOVERY: Coulter Files FDCPA Suit in E.D. Pennsylvania
ADT LLC: Thompson Files Suit in Western District of Oklahoma
AMAZON.COM: Roman Suit Removed to E.D. California
ARTSANA USA: Sayers Files Suit in E.D. Pennsylvania
AURORA, CO: Minter Must File Class Certification Bid by August 20
BERKSHIRE HATHAWAY: Brody Sues Over Failure to Safeguard PII
BLOOM NUTRITION: Tenzer-Fuchs Files ADA Suit in E.D. New York
BROWARD COLLEGE: Madrid Sues Over Failure to Provide Refund
C&W FACILITY: Quezada Suit Removed to C.D. California
CALIFORNIA: Roshan Appeals Civil Rights Suit Dismissal to 9th Cir.
CAPTAIN GEORGE'S: Tarry Suit Seeks Rule 23 Class Certification
CBUS ECOMMERCE: Jaquez Files ADA Suit in S.D. New York
COX COMMUNICATIONS: Feltz Files Renewed Bid for Class Certification
COX COMMUNICATIONS: Files Renewed Bid to Junk Class Certification
DENVER, CO: Black Lives Matter Seeks Class Certification
DESIGNER BRANDS: Whisman FCRA Suit Removed to S.D. Florida
ENLIGHTEN SAUNA: Brown Sues Over False & Misleading Sauna Ad
FCA US: Cole Sues Over Deceptive and Unfair Charging Scheme
GEORGE WASHINGTON UNIVERSITY: Shaffer Appeals Case Dismissal
GLOBAL PLASMA: Lawsuit Says Air Products Don't Work & Hurt People
HIGH ISLAND: Jaquez Files ADA Suit in S.D. New York
INTERNATIONAL FLAVORS: Menora Mivtachim Appeals Case Dismissal
ITURAN LOCATION: Class Status Bid in Subscriber Suit Pending
JEFFERSON CAPITAL: Evans Files FDCPA Suit in S.D. West Virginia
KALAHARI RESORTS: Tenzer-Fuchs Files ADA Suit in E.D. New York
KIMBERLY REYNOLDS: Court Tosses Bid to Certify 91A Class as Moot
KNAUF GIPS: Appleby et al., Sue Over Defective Drywall
LABORATORY CORPORATION: Davis Suit Seeks Class Certification
LISI LLC: Becker Sues to Remedy Injury from Data Breach
NESTLE WATERS: Oldrey Sues Over Misleading Marketing Practices
NORDIC KNOTS: Tatum-Rios Files ADA Suit in S.D. New York
NORTHCENTRAL PIZZA: Cole Files Suit in California Superior Court
NURTURE INC: Gutierrez Files Suit in S.D. New York
OAKLAND, CA: Gaffett Files Suit in N.D. California
OHIO ENVIRONMENTAL: Class Cert. of Female Full-Time Workers Sought
OREGON STATE UNIVERSITY: Pranger Suit Removed to D. Oregon
OVINTIV USA: Shepherd Royalty Files Suit in W.D. Oklahoma
OZARK PIZZA: Faces Anderson Suit Over Unpaid Compensations
PAUL DAVIS: Committed Fraud and Negligence, Toledo Suit Says
PILLPACK LLC: Williams Suit Moved to M.D. Florida
PORTNOY SCHNECK: Oh Files FDCPA Suit in M.D. Pennsylvania
PROGRESSIVE MANAGEMENT: Fernandez Files FDCPA Suit in S.D. Cal.
RECEIVABLES PERFORMANCE: Bodovinac Files FDCPA Suit in D. Nevada
ROCKETREACH LLC: Services Breach Ill. Publicity Act, Suit Says
SAFECO INSURANCE: Mouber Suit Removed to W.D. Missouri
SAGESTREAM LLC: Coulter FCRA Suit Removed to E.D. Pennsylvania
SAS ANALYTICS: Geskey Seeks Review of Cahoo Insurance Suit Ruling
SENTRY CREDIT: Ciccone Files FDCPA Suit in E.D. New York
SOUTHERN NEW HAMPSHIRE: Settlement Class Gets Initial Approval
SPIRIT AIRLINES: Cox Suit Seeks to Certify Class of 1st-Time Fliers
SUNRUN INC: Moreno Files TCPA Suit in N.D. California
TAYLOR FARMS: Leal Files Suit in California Superior Court
TELLING INDUSTRIES: Haney Sues Over Unpaid Overtime Compensation
TEX CARE: Francisco Seeks to Certify Rule 23 Class
TRANSWORLD SYSTEMS: Havi Files FDCPA Suit in D. New Jersey
UNITED STATES: Zand Appeals Case Dismissal to 9th Cir.
UNITED SURGICAL: Perkins Sues Over Breaches of Fiduciary Duties
VALENTINE & KEBARTAS: Tsuladze Files FDCPA Suit in E.D. New York
VEOLIA NORTH: Bid to Strike Rebuttal Reports of Experts Partly OK'd
VOLKSWAGEN AG: Montag Sues Over Decline in Securities Market Value
WALTER MILBACK: Lavertu Files Suit in New York Superior Court
YAMHILL COUNTY, OR: Eastwood Appeals Summary Judgment to 9th Cir.
*********
3M COMPANY: Lynch Files Suit in Northern District of West Virginia
------------------------------------------------------------------
A class action lawsuit has been filed against 3M Company, et al.
The case is styled as John Paul Lynch, on behalf of himself and
"E.L.," a minor, on their own and on behalf of all others similarly
situated v. 3M Company, formerly known as: Minnesota Mining and
Manufacturing Co.; Tyco Fire Products L.P. other THE ANSUL COMPANY,
NATIONAL FOAM, INC.; Buckeye Fire Equipment Co.; Chemguard; E.I.
Dupont De Nemours & Co.; The Chemours Co. LLC; Case No.
3:21-cv-00066-GMG (N.D.W. Va., May 3, 2021).
The nature of suit is stated as Other P.I. for Personal Injury.
The 3M Company -- https://www.3m.com/ -- is an American
multinational conglomerate corporation operating in the fields of
industry, worker safety, US health care, and consumer goods.[BN]
The Plaintiff is represented by:
Anthony J. Majestro, Esq.
POWEEL & MAJESTRO, PLLC
405 Capitol St., Suite P-1200
Charleston, WV 25301
Phone: (304) 346-2889
Fax: (304) 346-2895
Email: amajestro@powellmajestro.com
- and -
Stephen G. Skinner, Esq.
SKINNER LAW FIRM
PO Box 487
Charles Town, WV 25414
Phone: (304) 725-7029
Fax: (304) 725-4082
Email: sskinner@skinnerfirm.com
ACCURATE RECOVERY: Coulter Files FDCPA Suit in E.D. Pennsylvania
----------------------------------------------------------------
A class action lawsuit has been filed against Accurate Recovery
Solutions, Inc. The case is styled as Nina Coulter, on behalf of
herself and all others similarly situated consumers v. Accurate
Recovery Solutions, Inc., Case No. 2:21-cv-02054-AB (E.D. Pa., May
4, 2021).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
Accurate Recovery Solutions --
https://accuraterecoverysolutionsinc.com/ -- is a collections
agency located in Farmingdale, New York.[BN]
The Plaintiff is represented by:
Nicholas J. Linker, Esq.
ZEMEL LAW, LLC
660 Broadway
Paterson, NJ 07514
Phone: (862) 227-3106
Email: nl@zemellawllc.com
ADT LLC: Thompson Files Suit in Western District of Oklahoma
------------------------------------------------------------
A class action lawsuit has been filed against ADT LLC. The case is
styled as Myeisha Thompson, individually and on behalf of all
similarly situated persons v. ADT LLC doing business as: Blue By
ADT, Case No. 5:21-cv-00432-G (W.D. Okla., May 3, 2021).
The nature of suit is stated as Other Personal Property for Breach
of Contract.
ADT LLC -- https://www.adt.com/ -- designs and manufacture security
systems. The Company offers security cameras, fire and life safety,
and home security systems, as well as other related products.[BN]
The Plaintiff is represented by:
Tyler J. Bean, Esq.
William B. Federman, Esq.
FEDERMAN & SHEERWOOD
10205 N Pennsylvania Ave
Oklahoma City, OK 73120
Phone: (405) 235-1560
Fax: (405) 239-2112
Email: wbf@federmanlaw.com
AMAZON.COM: Roman Suit Removed to E.D. California
-------------------------------------------------
The case captioned Damaris Roman and Jonnie Corina III,
individually and on behalf of other persons similarly situated v.
AMAZON.COM SERVICES, LLC, a Delaware limited liability company; and
DOES 1-50, inclusive, Case No. BCV-21-100433 was removed from the
Kern County Superior Court, State of California, to the United
States District Court for the Eastern District of California on
April 21, 2021, and assigned Case No. 1:21-cv-00667-NONE-JLT.
The Plaintiffs allege three causes of action against Amazon: (1)
Failure to Pay All Premium Wages; (2) Failure to Pay All Wages Due
and Owing on Separation from Employment; and (3) Unfair Business
Practices. Among other things, the Plaintiffs allege that putative
class members are entitled to unpaid wages, waiting time penalties,
and attorneys' fees and costs.[BN]
The Plaintiffs are represented by:
Jeremy F. Bollinger, Esq.
Ari E. Moss, Esq.
Dennis F. Moss, Esq.
Kiara Bramasco, Esq.
MOSS BOLLINGER LLP
15300 Ventura Blvd., Suite 207
Sherman Oaks, CA 91403
Phone: 310.982.2984
Fax: 818.963.5954
Email: jeremy@mossbollinger.com
ari@mossbollinger.com
dennis@mossbollinger.com
kiara@mossbollinger.com
The Defendants are represented by:
Katherine V.A. Smith, Esq.
Lauren M. Blas, Esq.
Helen Avunjian, Esq.
GIBSON, DUNN & CRUTCHER LLP
333 South Grand Avenue
Los Angeles, CA 90071-3197
Phone: 213.229.7000
Facsimile: 213.229.7520
Email: ksmith@gibsondunn.com
lblas@gibsondunn.com
havunjian@gibsondunn.com
- and –
Katie M. Magallanes, Esq.
GIBSON, DUNN & CRUTCHER LLP
3161 Michelson Drive
Irvine, CA 92612-4412
Phone: 949.451.3800
Facsimile: 949.451.4220
Email: kmagallanes@gibsondunn.com
ARTSANA USA: Sayers Files Suit in E.D. Pennsylvania
---------------------------------------------------
A class action lawsuit has been filed against Artsana USA, Inc. The
case is styled as Mashayila Sayers, Brittney Tinker, Hilda Michelle
Murphree, on behalf of themselves and all others similarly situated
v. Artsana USA, Inc., Case No. 5:21-cv-01876-JMG (E.D. Pa., April
22, 2021).
The nature of suit is stated as Other Fraud.
Artsana USA, Inc. -- https://www.chiccousa.com/ -- provides baby
related products. The Company offers everything from baby gear to
nursing, toys, apparel, shoes, and baby care products.[BN]
The Plaintiffs are represented by:
Jonathan B. Cohen, Esq.
GREG COLEMAN LAW
800 S. Gay St., Suite 1100
Knoxville, TN 37929
Phone: (865) 247-0080
Email: jonathan@gregcolemanlaw.com
arthur@gregcolemanlaw.com
AURORA, CO: Minter Must File Class Certification Bid by August 20
-----------------------------------------------------------------
In the class action lawsuit captioned as Minter, et al v. City of
Aurora, Colorado, et al., Case No. 1:20-cv-02172 (D. Colo.), the
Hon. Judge Raymond P. Moore entered an order granting to Extend
Certain Deadlines:
-- The Defendants the City of Aurora, Michael Coffman, Vanessa
Wilson, and the individually named Aurora officers shall
respond to Plaintiffs' written discovery requests on or
before May 15, 2021.
-- The Arapahoe County Sheriff's Office and Jefferson County
Sheriff's Office Defendants shall respond to Plaintiffs'
written discovery on or before May 7, 2021.
-- The Plaintiffs shall file a motion for class certification on
or before August 20 2021.
The suit alleges violation of the Civil Rights Act.
The City of Aurora is a Home Rule Municipality located in Arapahoe,
Adams, and Douglas counties, Colorado, United States. Aurora lies
immediately east of Denver and it is one of the principal cities of
the Denver-Aurora-Lakewood, CO Metropolitan Statistical Area and a
major city of the Front Range Urban Corridor.[CC]
BERKSHIRE HATHAWAY: Brody Sues Over Failure to Safeguard PII
------------------------------------------------------------
Raquel Brody, individually and on behalf of all others similarly
situated v. BERKSHIRE HATHAWAY, INC. and GOVERNMENT EMPLOYEES
INSURANCE COMPANY (GEICO), Case No. 1:21-cv-02481-CBA-RML
(E.D.N.Y., May 4, 2021), is brought to address the Defendants'
inadequate safeguarding of Class Members' Personally Identifiable
Information ("PII") that it collected and maintained, and for
failing to provide timely and adequate notice to Plaintiff and
Class Members that their information had been subject to the
unauthorized access and precisely what specific type of information
was accessed.
This actions arisies out of the recent security breach of the
Defendants former and present customer's driver's license numbers
("Data Breach") at the Defendants, one of the largest auto insurer
in the United States. Due to the Defendants' failure to safeguard
confidential information, thousands of the Defendants former and
current customers have had their confidential information stolen.
As a result of the Data Breach, the Plaintiff and Class Members
suffered ascertainable losses in the form of loss of the value of
their private and confidential information, out-of-pocket expenses
and the value of their time reasonably incurred to remedy or
mitigate the effects of the attack. In addition, the Plaintiff's,
and Class Members' sensitive personal information--which was
entrusted to the Defendants--was compromised and unlawfully
accessed due to the Ransomware Attack. The PII includes driver's
license numbers. As a result of this Data Breach, false
unemployment claims have been filed in the name of the Plaintiff
and Class Members.
The Defendants' failure to implement and follow proper security
procedures has resulted in ongoing harm to Plaintiff and Class
Members who will continue to experience a lack of data security for
the indefinite future and remain at serious risk of identity theft
and fraud that would result in significant monetary loss. The
Plaintiff seeks to remedy these harms on behalf of herself and all
similarly situated individuals whose PII was accessed during the
Data Breach, says the complaint.
The Plaintiff is a former customer of the Defendants but has not
been a customer of the Defendants since 2017.
The Defendant GEICO is an American auto insurance company with
headquarters in Chevy Chase, Maryland.[BN]
The Plaintiff is represented by:
Gary S. Graifman, Esq.
Melissa R. Emert, Esq.
KANTROWITZ, GOLDHAMER & GRAIFMAN, P.C.
747 Chestnut Ridge Road
Chestnut Ridge, NY 10977
Phone: (845) 356-2570
Facsimile: (845) 356-4335
Email: ggraifman@kgglaw.com
memert@kgglaw.com
BLOOM NUTRITION: Tenzer-Fuchs Files ADA Suit in E.D. New York
-------------------------------------------------------------
A class action lawsuit has been filed against Bloom Nutrition, LLC.
The case is styled as Michelle Tenzer-Fuchs, on behalf of herself
and all others similarly situated v. Bloom Nutrition, LLC, Case No.
2:21-cv-02487 (E.D.N.Y., May 4, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Bloom Nutrition -- https://bloomnu.com/ -- offers supplements made
with the high quality, handpicked ingredients and no nasty side
effects.[BN]
The Plaintiff is represented by:
Jonathan Shalom, Esq.
SHALOM LAW, PLLC
105-13 Metropolitan Avenue
Forest Hills, NY 11375
Phone: (718) 971-9474
Email: jonathan@shalomlawny.com
BROWARD COLLEGE: Madrid Sues Over Failure to Provide Refund
-----------------------------------------------------------
Jonathan Madrid, individually and on behalf of all others similarly
situated v. BROWARD COLLEGE DISTRICT BOARD OF TRUSTEES, Case No.
CACE-21-008224 (Fla. Cir. Ct., 17th Judicial, Broward Cty., April
22, 2021), is brought on behalf of all persons who paid fees to the
Defendant for any academic semester in 20201 and who, because of
the Defendant's response and policies relating to the Coronavirus
Disease 2019 ("COVID-19") pandemic, did not receive the benefits of
the on-campus services for which their fees were paid, without
having a pro-rated portion of those fees and costs refunded to them
or otherwise refunded or waived in full and without condition.
According to the complaint, in March 2020, the Florida Department
of Education directed colleges in Florida to move to remote
instruction and close their campuses and facilities for the
remainder of the Spring semester due to the COVID-19 pandemic. This
was particularly so in the face of the dangers, risks, and fear
associated with the pandemic. To comply with directives from the
FDOE, and pursuant to local, state, and federal guidelines, Broward
College transitioned to remote learning in March and began closing
its on campus services and facilities. As a result, many of the
services that the fees paid by the Plaintiff and Class members were
intended to cover were no longer available to them. In addition to
the foregoing, Broward College's campuses remained completely
and/or partially closed for the Summer and Fall sessions, yet the
Defendant continued to charge mandatory fees to students for campus
services that the Defendant knew would not be available for these
sessions. The Defendant has not refunded the fees paid to cover the
cost of certain on-campus services which were not available to
students.
The Defendant's decision to transition to online classes, request
or encourage students to leave and stay off campus, and shut down
its campus facilities and services were responsible decisions to
make, but it is unfair and unlawful for the Defendant to retain the
fees and pass the losses on to the students and their families,
asserts the complaint.
The Plaintiff is a student who studied Political Science at Broward
College during the Spring, Summer, and Fall academic semesters in
2020.
Broward College District Board of Trustees is the governing body of
Broward College, a public college in Florida.[BN]
The Plaintiff is represented by:
Adam Moskowitz, Esq.
Howard M. Bushman, Esq.
Adam A. Schwartzbaum, Esq.
Barbara C. Lewis, Esq.
THE MOSKOWITZ LAW FIRM, PLLC
2 Alhambra Plaza, Suite 601
Coral Gables, FL 33134
Phone: (305) 740-1423
Email: adam@moskowitz-law.com
adams@moskowitz-law.com
howard@moskowitz-law.com
barbara@moskowitz-law.com
- and -
John A. Yanchunis, Esq.
MORGAN & MORGAN COMPLEX LITIGATION GROUP
201 N. Franklin St., 7th Floor
Tampa, FL 33602
Phone: 813-223-5505
Email: jyanchunis@forthepeople.com
C&W FACILITY: Quezada Suit Removed to C.D. California
-----------------------------------------------------
The case is styled as styled as Jorge Ruiz Quezada, an individual,
on behalf of himself and on behalf of all others similarly situated
v. C&W Facility Services Inc., Case No. PA, 5:20-cv-09480, was
removed from the U.S. District Court for the Northern District of
California, to the U.S. District Court for the Central District of
California on April 22, 2021.
The District Court Clerk assigned Case No. 2:21-cv-03458-JVS-PLA to
the proceeding.
The nature of suit is stated as Jobs Civil Rights.
C&W Facility Services -- https://cwservices.com/ -- is a lead in
the facility services industry in preventive and predictive
maintenance programs for clients across North America.[BN]
The Plaintiff is represented by:
Jonathan Melmed, Esq.
MELMED LAW GROUP PC
1801 Century Park East Suite 850
Los Angeles, CA 90067
Phone: (310) 824-3828
Fax: (310) 862-6851
Email: jm@melmedlaw.com
The Defendant is represented by:
John R Giovannone, Esq.
Allison Ocampo Chua, Esq.
CDF LABOR LAW LLP
707 Wilshire Boulevard Suite 5150
Los Angeles, CA 90017
Phone: (213) 612-6300
Fax: (213) 612-6301
Email: jgiovannone@cdflaborlaw.com
achua@cdflaborlaw.com
- and -
Corey J. Cabral, Esq.
CDF LABOR LAW LLP
900 University Avenue Suite 200
Sacramento, CA 95825
Phone: (916) 361-0991
Email: ccabral@cdflaborlaw.com
- and -
Justin Taylor Curley, Esq.
Ryan Ashley McCoy, Esq.
SEYFARTH SHAW LLP
560 Mission Street, 31st Floor
San Francisco, CA 94105
Phone: (415) 397-2823
Fax: (415) 397-8549
Email: jcurley@seyfarth.com
rmccoy@seyfarth.com
CALIFORNIA: Roshan Appeals Civil Rights Suit Dismissal to 9th Cir.
------------------------------------------------------------------
Plaintiff Peyman Roshan filed an appeal from a court ruling entered
in the lawsuit styled Peyman Roshan, an individual on behalf of
himself and others similarly situated v. Office of Chief Trial
Counsel; and Melanie J. Lawrence, in her official capacity as Chief
Trial Counsel, and in her personal capacity, Case No.
3:20-cv-04770-AGT, in the U.S. District Court for the Northern
District of California, San Francisco.
In this action for declaratory and injunctive relief, Peyman
Roshan, a California lawyer facing discipline by the State Bar of
California for numerous counts of professional misconduct, seeks to
enjoin his ongoing disciplinary proceedings and an order declaring
the State Bar's disciplinary rules and procedures unconstitutional.
The State Bar's Office of Chief Trial Counsel (OCTC) and the head
of OCTC, Melanie J. Lawrence (Defendants), have moved to dismiss,
without leave to amend, on abstention grounds under Younger v.
Harris, 401 U.S. 37 (1971).
Mr. Roshan now seeks a review of the Court's Order dated March 27,
2021, denying his Amended Motion for New Trial, to Alter and Amend
Judgment, and for Relief from Order or Judgment; and Judgment dated
January 18, 2021, granting Defendants' motion to dismiss.
The appellate case is captioned as Peyman Roshan v. Melanie
Lawrence, et al., Case No. 21-15771, in the United States Court of
Appeals for the Ninth Circuit, filed on April 28, 2021.
The briefing schedule in the Appellate Case states that:
-- Appellant Peyman Roshan Mediation Questionnaire was due on
May 5, 2021;
-- Appellant Peyman Roshan opening brief is due on June 24,
2021;
-- Appellees Melanie J Lawrence and Office of Chief Trial
Counsel answering brief is due on July 26, 2021; and
-- Appellant's optional reply brief is due 21 days after service
of the answering brief.[BN]
Plaintiff-Appellant PEYMAN ROSHAN, an individual on behalf of
himself and others similarly situated, is represented by:
Cyrus Mark Sanai, Esq.
SANAIS
433 North Camden Drive
Beverly Hills, CA 90210
Telephone: (310) 717-9840
E-mail: cyrus@sanaislaw.com
Defendants-Appellees MELANIE J LAWRENCE, in her official capacity
as Chief Trial Counsel, and in her personal capacity; and OFFICE OF
CHIEF TRIAL COUNSEL are represented by:
James Chang, Esq.
STATE BAR OF CALIFORNIA
180 Howard Street
San Francisco, CA 94611
Telephone: (415) 538-2381
E-mail: james.chang@calbar.ca.gov
CAPTAIN GEORGE'S: Tarry Suit Seeks Rule 23 Class Certification
--------------------------------------------------------------
In the class action lawsuit captioned as Zachary Tarry, et al., On
behalf of themselves and those similarly situated, v. Captain
George's of South Carolina, LP, et al., Case No. 4:19-cv-00800-JD
(D.S.C.), the Plaintiffs move the Court for an Order certifying
this action as a class action and designating the Plaintiffs
Zachary Tarry, Chris Gagliastre, and Olga Zayneeva as the
representatives of the following class:
"All persons who work or worked as servers for Captain George's
of South Carolina, LP; Captain George's of South Carolina, Inc.;
Pitsilides Management, LLC; George Pitsilides; and/or Sharon
Pitsilides in South Carolina between May 19, 2014 and the date
of final judgment in this matter (the Rule 23 Class)."
In connection with this certification, Plaintiffs move this Court
to affirm their selection of counsel by appointing Biller & Kimble,
LLC; Morgan & Morgan, P.A.; and Ohanesian & Ohanesian Law Offices
as Class Counsel pursuant to Rule 23(g). The Plaintiffs also ask
that they be to send notice of this lawsuit to putative class
members pursuant to Rule 23(c)(2).
A copy of the Plaintiffs' motion to certify class dated April 26,
2021 is available from PacerMonitor.com at https://bit.ly/3tp3xJK
at no extra charge.[CC]
The Counsel for Plaintiffs and putative class are:
Glenn V. Ohanesian, Esq.
OHANESIAN & OHANESIAN
504 North Kings Highway
P. O. Box 2433
Myrtle Beach, SC 29578
Telephone: (843) 626-7193
Facsimile: (843) 492-5164
E-mail: OhanesianLawFirm@cs.com
- and -
Andrew Biller, Esq.
Andrew Kimble, Esq.
Philip Krzeski, Esq.
Erica Blankenship, Esq.
BILLER & KIMBLE, LLC
4200 Regent Street, Suite 200
Columbus, OH 43219
Telephone: (614) 604-8759
Facsimile: (614) 340-4620
E-mail: abiller@billerkimble.com
akimble@billerkimble.com
pkrzeski@billerkimble.com
www.billerkimble.com
- and -
C. Ryan Morgan, Esq.
Andrew Frisch, Esq.
MORGAN & MORGAN, P.A.
20 N. Orange Ave., 14th Floor
Orlando, FL 32802-4979
Telephone: 407 420-1414
Facsimile: 407-245-3401
E-mail: rmorgan@forthepeople.com
afrisch@forthepeople.com
CBUS ECOMMERCE: Jaquez Files ADA Suit in S.D. New York
------------------------------------------------------
A class action lawsuit has been filed against CBUS Ecommerce Group,
LLC. The case is styled as Ramon Jaquez, on behalf of himself and
all others similarly situated v. CBUS Ecommerce Group, LLC, Case
No. 1:21-cv-03898 (S.D.N.Y., May 3, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
CBUS Retail -- https://cbusretail.org/ -- is a Columbus-based
non-profit association, focused on promoting retail expertise
centered in central Ohio.[BN]
The Plaintiff is represented by:
Yitzchak Zelman, Esq.
MARCUS & ZELMAN LLC
701 Cookman Avenue, Suite 300
Asbury Park, NJ 07712
Phone: (845) 367-7146
Fax: (732) 298-6256
Email: yzelman@marcuszelman.com
COX COMMUNICATIONS: Feltz Files Renewed Bid for Class Certification
-------------------------------------------------------------------
In the class action lawsuit captioned as CHRISTONE FELTZS, on
behalf of Case No.: 8:19-cv-02002-JVS-JDE himself and all others
similarly situated, v. COX COMMUNICATIONS LLC, a Delaware Limited
Liability Company; COX COMMUNICATIONS, INC. a Delaware Corporation;
and DOES 1 through 100, inclusive, Case No. 8:19-cv-02002-JVS-JDE
(C.D. Calif.), the Plaintiff will move the Court on May 24, 2021 to
enter an order:
1. certifying this action as a class action as to the First and
Second Causes of Action contained in the Second Amended
Complaint pursuant to Federal Rule of Civil Procedure 23, on
the grounds that (1) the Class is so numerous that joinder of
all members is impracticable, (2) there are questions of law
and fact common to the Class, (3) the class representative's
claims are typical of the claims of the Class, and (4) the
class representative and proposed Class Counsel will fairly
and adequately protect and represent the interests of the
Class;
2. determining that class treatment is appropriate under Federal
Rule of Civil Procedure 23(b)(3) as common issues of law and
fact predominate over any individual issues and the class
action method is superior to individual cases:
3. certifying the following Class and Subclasses:
-- Class:
"All current and former California hourly non-exempt
employees of the Defendants for the period of July 25,
2015 through the date of class certification who provided
installation and maintenance services for the Defendants
as a Universal Home Technician In-training, Universal Home
Technician, Field Service Technician, Field Service
Representative;"
-- "Rounding" Sub-Class 1
"All current and former California hourly non-exempt
employees of the Defendants, who provided installation and
maintenance services for the Defendants as a Universal
Home Technician In-training, Universal Home Technician,
Field Service Technician, Field Service Representative and
who worked at least one (1) day, subject to Defendants'
rounding policy and practice from four (4) years prior to
the filing of this class action through the date of class
certification;"
-- "Late Meal Break" Sub-Class 2
"All current and former California hourly non-exempt
employees of the Defendants, who provided installation and
maintenance services for the Defendants as a Universal
Home Technician In-training, Universal Home Technician,
Field Service Technician, Field Service Representative and
who worked at least one day of more than 6 hours with an
lunch punch out after the 5 th hour of work from four
years prior to the filing of this class action through the
date of class certification;"
-- "2nd Meal Break" Sub-Class 3
"All current and former California hourly non-exempt
employees of the Defendants, who provided installation and
maintenance services for the Defendants as a Universal
Home Technician In-training, Universal Home Technician,
Field Service Technician, Field Service Representative and
who worked at least one day of more than 10 hours from
four years prior to the filing of this class action
through the date of class certification;"
-- "12 Hr. Meal Break" Sub-Class 4
"All current and former California hourly non-exempt
employees of the Defendants, who provided installation and
maintenance services for the Defendants as a Universal
Home Technician In-training, Universal Home Technician,
Field Service Technician, Field Service Representative and
who worked at least one day of more than 12
hours from four years prior to the filing of this class
action through the date of class certification;"
-- "Wage Statement" Sub-Class 5
"All current and former California hourly non-exempt
employees of the Defendants, who provided installation and
maintenance services for the Defendants as a Universal
Home Technician In-training, Universal Home Technician,
Field Service Technician, Field Service Representative,
from one year prior to filing of this class action
through the date of class certification, who were provided
a wage statement by Defendants;"
-- "Waiting Time Penalty" Sub-Class 6
"All current and former California hourly non-exempt
employees of the Defendants, who provided installation and
maintenance services for Defendants as a Universal Home
Technician In-training, Universal Home Technician, Field
Service Technician, Field Service Representative, from
three years prior to filing of this class action through
the date of class certification, whose employment
terminated and who are a members of Sub-Class 1, 2, 3 or
4;"
4. finding the Plaintiff to be an adequate representative of the
class members and certifying him as the class
representative;
5. finding the Plaintiff's counsel, namely David P. Myers, Jason
Hatcher, and Cassandra A. Castro of The Myers Law Group,
A.P.C., as adequate class counsel and certifying them as
class counsel; and
6. authorizing the Plaintiff's Counsel to send Class Notice
pursuant to Rule 23 (in a form to be approved by the Court
after a conference with counsel for the Defendant).
A copy of the Plaintiff's motion to certify class dated April 26,
2021 is available from PacerMonitor.com at https://bit.ly/3eZ06o2
at no extra charge.[CC]
The Plaintiff is represented by:
David P. Myers, Esq.
Jason Hatcher, Esq.
Cassandra A. Castro, Esq.
THE MYERS LAW GROUP, A.P.C.
9327 Fairway View Place, Suite 100
Rancho Cucamonga, CA 91730
Telephone: (909) 919-2027
Facsimile: (888) 375-2102
E-mail: dmyers@myerslawgroup.com
jhatcher@myerslawgroup.com
ccastro@myerslawgroup.com
COX COMMUNICATIONS: Files Renewed Bid to Junk Class Certification
-----------------------------------------------------------------
In the class action lawsuit captioned as CHRISTONE FELTZS, on
behalf of himself and others similarly situated, v. COX
COMMUNICATIONS CAL., LLC, a Delaware Limited Liability Company; COX
ENTERPRISES, INC., a Delaware Corporation; COX COMMUNICATIONS,
INC., a Delaware Corporations; and DOES 1 through 100, inclusive,
Case No. 8:19-cv-02002-JVS-JDE (C.D. Cal.), the Defendants will
move the Court on May 24, 2021 to bring their renewed motion for an
order denying class certification pursuant to Federal Rule of Civil
Procedure 23.
Because the evidence shows that individualized issues necessarily
predominate as to the Plaintiff's meal period and derivative claims
and that class litigation is not the superior method of litigating
any of his pleaded claims, Plaintiff cannot meet his burden under
Rule 23(a) or Rule 23(b)(3) necessary to support certification.
Cox Communications is an American company that provides digital
cable television, telecommunications and Home Automation services
in the United States.
A copy of the Defendants' motion dated April 26, 2021 is available
from PacerMonitor.com at https://bit.ly/3eWxZFZ at no extra
charge.[CC]
The Defendants are represented by:
Thomas R. Kaufman, Esq.
Paul Berkowitz, Esq.
SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
Rachel P. Howard, Esq.
1901 Avenue of the Stars, Suite 1600
Los Angeles, CA 90067-6055
Telephone: (310) 228-3700
Facsimile: (310) 228-3701
E-mail: tkaufman@sheppardmullin.com
pberkowitz@sheppardmullin.com
rhoward@sheppardmullin.com
DENVER, CO: Black Lives Matter Seeks Class Certification
--------------------------------------------------------
In the class action lawsuit captioned as BLACK LIVES MATTER 5280,
et al., v. FITOURI CITY AND COUNTY OF DENVER, et al., Case No.
1:20-cv-01878-RB (D. Colo.), the Plaintiff asks the Court to enter
an order certifying this case as a class action pursuant to Federal
Rule of Civil Procedure 23(b)(3) on behalf of Direct Force Classes
as follows:
1. Those persons who were present on May 28, 2020 at the
intersection of N. Washington St. and E. Colfax Ave., in
Denver, Colorado, or the immediately adjacent areas,
including on N. Washington St. from E. Colfax Ave. south to
E. 14th Ave., at any time between 8:20 p.m. and 8:50 p.m.,
who were not engaged in any behavior that would pose an
immediate and specific threat to the safety of officers or
others, and who were shot by police with projectiles or
inhaled aerosolized chemical agents.
2. Those persons present who were present on May 28, 2020 at the
intersection of E. 14th Ave. and Sherman St., in Denver,
Colorado, or the immediately adjacent areas, including on E.
14th Ave. between Grant St. and Lincoln St., at any time
between 8:45 p.m. and 9:15 p.m., who were not engaged in any
behavior that would pose an immediate and specific threat to
the safety of officers or others, and who were shot by police
with projectiles or inhaled aerosolized chemical agents.
3. Those persons who were present on May 30, 2020 at the parking
lot at the north intersection of 16th St. and Welton St., in
Denver, Colorado, or the immediately adjacent areas, at any
time between 4:40 p.m. and 4:55 p.m., who were not engaged in
any behavior that would pose an immediate and specific threat
to the safety of officers or others, and who were shot by
police with projectiles or inhaled aerosolized chemical
agents.
4. Those persons who were present on May 30, 2020, at the
intersection of Lincoln St. and E. Colfax Ave., in Denver,
Colorado, or the immediately adjacent areas, bounded by
Broadway (on the west), E. Colfax Ave. (on the north), Grant
St. (on the east), and E. 14th Ave. (on the south), at any
time between 6:00 p.m. and 8:00 p.m., who were not engaged in
any behavior that would pose an immediate and specific threat
to the safety of officers or others, and who were shot by
police with projectiles or inhaled aerosolized chemical
agents.
5. Those persons present on May 31, 2020, on E. Colfax Ave.
between Pennsylvania St. (on the east) and Logan St. (on the
west) in Denver, Colorado, or the immediately adjacent areas,
at any time between 9:30 p.m. and 9:45 p.m., who were not
engaged in any behavior that would pose an immediate
andspecific threat to the safety of officers or others, and
who were shot by police with projectiles or inhaled
aerosolized chemical agents.
The Plaintiffs further seek to certify an Arrest Class under Rule
23(b)(3), defined as follows:
"Those persons who were present at or during the protests in
downtown Denver, Colorado, from May 30, 2020 through June 5,
2020, who were arrested for violation of emergency curfew
(D.R.M.C. 1-13), including an accompanying charge of failure to
obey a lawful order (D.R.M.C. 38-31(c)), but who were not
charged with any other violations, and whose charges were
dismissed.
On May 25, 2020, George Floyd was murdered by then-Minneapolis
police officer Derek Chauvin. This sparked numerous protests
against police violence and in support of Black lives across the
nation, including in Denver. Beginning on May 28, 2020, thousands
of citizens took to the streets and parks in the downtown Denver
area to express their outrage and to exercise their right to free
expression. Although the protests were overwhelmingly peaceful, the
Denver Police Department (DPD) used extreme and violent crowd
control tactics.
A copy of the Plaintiff's motion to certify class dated April 26,
2021 is available from PacerMonitor.com at https://bit.ly/3eZYpXl
at no extra charge.[CC]
The Plaintiff is represented by:
Elizabeth Wang, Esq.
Makeba Rutahindurwa, Esq.
LOEVY & LOEVY
2060 Broadway, Ste. 460
Boulder, CO 80302
Telephone: (720) 328-5642
311 N. Aberdeen St.
Chicago, IL 60607
E-mail: makeba@loevy.com
elizabethw@loevy.com
DESIGNER BRANDS: Whisman FCRA Suit Removed to S.D. Florida
----------------------------------------------------------
The case styled as Lori Whisman, Joanne Allen, individually and on
behalf of themselves and others similarly situated v. Designer
Brands, Inc., Case No. 21-007581-CA-01, was removed from the 11th
Judicial Circuit, Miami-Dade County, Florida to the U.S. District
Court for the Southern District of Florida on May 4, 2021.
The District Court Clerk assigned Case No. 1:21-cv-21708-KMM to the
proceeding.
The lawsuit is brought over alleged violation of the Fair Credit
Reporting Act.
Designer Brands -- https://www.designerbrands.com/ -- is one of
North America's largest designers, producers and retailers of
footwear and accessories.[BN]
The Plaintiffs are represented by:
Bret Leon Lusskin, Jr., Esq.
BRET LUSSKIN, P.A.
20803 Biscayne Blvd., Ste. 302
Aventura, FL 33180
Phone: (954) 454-5841
Fax: (954) 454-5844
Email: blusskin@lusskinlaw.com
- and -
Keith James Keogh, Esq.
KEOGH LAW, LTD.
55 W. Monroe, Ste. 3390
Chicago, IL 60603
Phone: (312) 726-1092
Fax: (312) 726-1092
Email: Keith@Keoghlaw.com
- and -
Scott David Owens, Esq.
2750 N. 29th Avenue., Suite 209a
Hollywood, FL 33020
Phone: (954) 589-0588
Fax: (954) 337-0666
Email: scott@scottdowens.com
The Defendant is represented by:
Joel Christopher Griswold, Esq.
8248 Tibet Butler Dr.
Windermere, FL 34786
Phone: (407) 649-4088
Email: jcgriswold@bakerlaw.com
ENLIGHTEN SAUNA: Brown Sues Over False & Misleading Sauna Ad
------------------------------------------------------------
Molly Brown, on behalf of herself and others similarly situated v.
ENLIGHTEN SAUNA, a California Sole Proprietorship, Case No.
37-2021-00018093-CU-BT-NC (Cal. Super. Ct., San Diego Cty., April
22, 2021), is brought for damages and injunctive relief, and any
other available legal or equitable remedies, resulting from the
unlawful practices and conduct of the Defendant regarding the
advertisement and sale of its infrared saunas in violations of:
California's Song-Beverly Act, California's Consumer Legal Remedies
Act, California's Unfair Competition Law, and, California's False
Advertising Law.
Specifically, the Plaintiff brings this complaint for damages
arising out of the Defendant's conduct of improperly selling the
Plaintiff a defective infrared sauna that failed to heat up to the
advertised temperature. In fact, the sauna barely got hot at all,
effectively rendering the product useless. The Plaintiff alleges as
follows based upon information and belief, with the exception of
those allegations that pertain to Plaintiff, which Plaintiff
alleges upon personal knowledge as to herself and her own acts and
experiences, says the complaint.
The Plaintiff is a citizen and resident of the County of San Diego,
State of California who purchased the Defendant's sauna.
The Defendant is in the business of manufacturing and/or selling
infrared saunas to consumers that are advertised as containing
"ultra carbon high output infrared heaters."[BN]
The Plaintiff is represented by:
David McGlothlin, Esq.
Mona Amini, Esq.
Pamela Prescott, Esq.
KAZEROUNI LAW GROUP, APC
245 Fischer Avenue, Unit D1
Costa Mesa, CA 92626
Phone: (800) 400-6808
Facsimile: (800) 520-5523
Email: david@kazlg.com
mona@kazlg.com
pamela@kazlg.com
FCA US: Cole Sues Over Deceptive and Unfair Charging Scheme
-----------------------------------------------------------
Cregory Cole and Kimberly Enright, on behalf of themselves and all
others similarly situated v. FCA US LLC and STELLANTIS N.V., Case
No. 9:21-cv-02473 (E.D.N.Y., May 4, 2021), is brought concerning
the Defendants' deceptive and unfair practice of misleading
consumers into overpaying for their vehicles by inflating the
amount customers must pay for the delivery of their vehicles (i.e.,
the "destination fee") when purchasing or leasing a new vehicle at
one of Defendants' authorized dealerships.
According to the complaint, since 2015, the Defendants have added
the "Destination Charge" to the price of each new Chrysler-,
Dodge-, RAM-, Jeep-, and FIAT-branded vehicle that has been offered
for sale in the United States (the "Class Vehicles"). Unfortunately
for consumers, the amount of the Defendants' Destination Charge
increased sharply over the years and currently sits at a whopping
$1,495.00 per Class Vehicle. The Defendants disclose the
Destination Charge, along with other essential pricing information,
on the window sticker of each Class Vehicle ("Monroney sticker"),
and require that the specific amount of the "Destination Charge" be
passed through to consumers, who are not allowed to negotiate the
amount as part of the Class Vehicle's overall price.
As a result, consumers who desire to purchase or lease one of the
Defendants' vehicles are forced to pay the exorbitant Destination
Charge and do so based on the belief that it is a legitimate charge
directly related to the cost of delivering the Class Vehicle.
Despite the general understanding of the automotive industry and
the reasonable expectations of consumers, however, the Defendants
include a significant amount of profit in their Destination Charge
and, in doing so, deceive customers into paying far more than the
actual cost of vehicle delivery when purchasing or leasing one of
the Class Vehicles. In fact, the Defendants' Destination Charge has
little correlation to the cost of delivering the Class Vehicles to
their intended destination (i.e., Defendants' dealerships) at all,
and instead, has become a huge profit center for the Defendants.
The Destination Charge allows Defendants to extract hidden markups
on the sale of the Class Vehicles from unsuspecting consumers, the
complaint asserts.
The Plaintiffs purchased the Class Vehicles in one of the
Defendants' authorized dealers located in New York and New Jersey.
FCA designs, engineers, manufacturers and sells vehicles under the
Chrysler, Jeep, Dodge, RAM, and Fiat brands.[BN]
The Plaintiffs are represented by:
Jason H. Alperstein, Esq.
Jeff Ostrow, Esq.
Jonathan Streisfeld
KOPELOWITZ OSTROW FERGUSON WEISELBERG GILBERT
1 W. Las Olas Blvd., Suite 500
Fort Lauderdale, FL 33301
Phone: 954-525-4100
Email: alperstein@kolawyers.com
ostrow@kolawyers.com
streisfeld@kolawyers.com
- and -
Jeffrey D. Kaliel, Esq.
Sophia Gold, Esq.
KALIEL GOLD PLLC
1100 15th St. NW, 4th Floor
Washington, D.C. 20005
Phone: (202) 350-4783
Email: jkaliel@kalielpllc.com
sgold@kalielgold.com
GEORGE WASHINGTON UNIVERSITY: Shaffer Appeals Case Dismissal
-------------------------------------------------------------
Plaintiffs Mark Shaffer, et al., filed an appeal from a court
ruling entered in the lawsuit entitled Mark Shaffer, individually
and on behalf of all others similarly situated v. THE GEORGE
WASHINGTON UNIVERSITY, Case No. 1:20-cv-01145-RJL, in the United
States District Court for the District of Columbia.
As reported in the Class Action Reporter on May 14, 2020, this
lawsuit is brought as a result of the Defendant's actions that have
financially damaged the Plaintiff for not receiving the full value
of the services paid and for not receiving the benefits of
in-person instruction.
The Plaintiff contended that he has lost the benefit of their
bargain and/or suffered out-of-pocket loss and is entitled to
recover compensatory damages, trebling where permitted, and
attorney's fees and costs. He argued that despite sending students
home and closing its campus(es), the Defendant continues to charge
for tuition and fees as if nothing has changed, continuing to reap
the financial benefit of millions of dollars from students. He adds
that the Defendant does so despite students' complete inability to
continue school as normal, occupy campus buildings and dormitories,
or avail themselves of school programs and events.
So while students enrolled and paid the Defendant for a
comprehensive academic experience, the Defendant instead offers him
and the Class Members something far less: a limited online
experience presented by Google or Zoom, void of face-to-face
faculty and peer interaction, separated from program resources, and
barred from facilities vital to study, the Plaintiff asserts. The
Plaintiff, students and the Class Members did not bargain for such
an experience, he insists.
While some colleges and universities have promised appropriate
and/or proportional refunds, the Defendant excludes itself from
such other institutions treating students fairly, equitably, and as
required by the law, says the complaint.
The Plaintiffs now seek a review of the Court's Memorandum Opinion
and Order dated March 24, 2021, granting Defendant's motion to
dismiss the case.
The appellate case is captioned as Mark Shaffer, et al. v. George
Washington University, et al., Case No. 21-7040, in the United
States Court of Appeals for the District of Columbia Circuit, filed
on April 28, 2021.
The briefing schedule in the Appellate Case states that:
-- APPELLANT docketing statement is due on May 28, 2021;
-- APPELLANT certificate as to parties is due on May 28, 2021;
-- APPELLANT statement of issues are due on May 28, 2021;
-- APPELLANT underlying decision is due on May 28, 2021;
-- APPELLANT deferred appendix statement is due on May 28,
2021;
-- APPELLANT entry of appearance is due on May 28, 2021;
-- APPELLANT transcript status report is due on May 28, 2021;
-- APPELLANT procedural motions are due on May 28, 2021;
-- APPELLANT dispositive motions are due on June 14, 2021
directing party to file initial submissions;
-- APPELLEE certificate as to parties is due on May 28, 2021;
-- APPELLEE entry of appearance is due on May 28, 2021;
-- APPELLEE procedural motions are due on May 28, 2021; and
-- APPELLEE dispositive motions are due on June 14, 2021.[BN]
Plaintiffs-Appellants Mark Shaffer, individually and on behalf of
all others similarly situated; and Margaret Mauldin, 20cv1417;
Individually and on Behalf of All Others Similarly Situated;
Charafeddine Zaitoun, 20cv1417; Individually and on Behalf of All
Others Similarly Situated; and Marc Lessin are represented by:
Steve W. Berman, Esq.
HAGENS BERMAN SOBEL SHAPIRO LLP
1301 Second Avenue, Suite 2000
Seattle, WA 98101
Telephone: (206) 623-7292
E-mail: steve@hbsslaw.com
Defendants-Appellees George Washington University and Board of
Trustees of The George Washington University, 20cv1417, are
represented by:
Bruce M. Berman, Esq.
WILMER CUTLER PICKERING HALE AND DORR LLP
1875 Pennsylvania Avenue, NW
Washington, DC 20006-1420
Telephone: (202) 663-6000
E-mail: bruce.berman@wilmerhale.com
GLOBAL PLASMA: Lawsuit Says Air Products Don't Work & Hurt People
-----------------------------------------------------------------
A report at UVreporter.com relates a Maryland resident filed a
111-page class action lawsuit against Global Plasma Solutions Inc.
Friday alleging the company "preys on people desperate to cleanse
the air and protect themselves from ailments including the COVID-19
virus" and the company's products "make the air worse for people
because the products reduce some volatile organic compounds but
actually increase the concentration of other[s]."
A copy of the complaint is available from PacerMonitor.com at
http://t.ly/TpIpat no charge.
Robert S. Garner is the named plaintiff. His complaint hints he
might have purchased Global Plasma's GPS-FC48-AC, GPS-FC24-AC,
GPS-DM48-AC, GPS-FC-3-BAS, GPS-IMOD, GPS-IRIB-18, and GPS-IRIB-36
products incorporating the company's patented Needlepoint Bipolar
Ionization technology.
Mr. Garner claims Global's "Products suffer from defects which
cause its Products to fail to meet its lofty representations.
Thus, the Defendant’s representations that its products are a
safe technology to cleanse the air of VOCs and the COVID-19 virus
without generating harmful byproducts is false, misleading, and
designed to deceive consumers into paying a price premium and
choosing its products over a competitor’s product." The lawsuit
was filed in the U.S. District Court for the District of Delaware.
Mr. Garner is represented by four law firms located in Houston,
Tex., Haverford and Pittsburgh, Pa., and Wilmington, Del.
UV Reporter shared news with subscribers earlier this year about
litigation Global Plasma's legal team led by Lucy Wheatley, Esq.,
at McGuireWoods LLP in Richmond, Va., initiated against D Zine
Partners, LLC, IEE Indoor Environmental Engineering, and others, to
halt what Global Plasma called "a reckless campaign by industry
competitors of GPS to spread false and misleading statements in an
effort to advance the false narrative that GPS’s technology is
not safe."
HIGH ISLAND: Jaquez Files ADA Suit in S.D. New York
---------------------------------------------------
A class action lawsuit has been filed against High Island Health,
LLC. The case is styled as Ramon Jaquez, on behalf of himself and
all others similarly situated v. High Island Health, LLC, Case No.
1:21-cv-03899 (S.D.N.Y., May 3, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
High Island Health -- http://www.highisland.com/-- specializes in
complementary and alternative health products anatomically designed
for lower body systems.[BN]
The Plaintiff is represented by:
Yitzchak Zelman, Esq.
MARCUS & ZELMAN LLC
701 Cookman Avenue, Suite 300
Asbury Park, NJ 07712
Phone: (845) 367-7146
Fax: (732) 298-6256
Email: yzelman@marcuszelman.com
INTERNATIONAL FLAVORS: Menora Mivtachim Appeals Case Dismissal
--------------------------------------------------------------
Plaintiffs Menora Mivtachim Insurance Ltd. filed an appeal from a
court ruling entered in the lawsuit entitled MARC JANSEN,
Individually and on Behalf of All Others Similarly Situated,
Plaintiff v. INTERNATIONAL FLAVORS & FRAGRANCES INC., ANDREAS
FIBIG, and RICHARD A. O'LEARY, Defendants, Case No. 19-cv-7536, in
the U.S. District Court for the Southern District of New York (New
York City).
The lawsuit is a federal securities class action brought by a
putative class of investors who acquired International Flavors &
Fragrances, Inc. (IFF) securities between May 7, 2018 and August
12, 2019. In October 2018, IFF, an American company that sells
flavoring and fragrance products around the world, acquired
Frutarom Industries Ltd., an Israeli company operating in the same
sector. Plaintiffs allege that since the early 2000s, and possibly
before that, Frutarom employed a kickback scheme with customers in
Russia and Ukraine and bribed officials in the same countries to
generate business.
In light of these tactics, the Plaintiffs allege that IFF,
Frutarom, and various executives of those companies made materially
false or misleading statements or omissions in violation of Section
10(b) of the Securities Exchange Act of 1934, and its implementing
regulation Rule 10b-5(b). The Plaintiffs further claim that by
disseminating misleading statements, the Defendants employed a
scheme to defraud and engaged in a course of business that operated
as a fraud in violation of Section 10(b) and Rule 10b-5(a) and (c).
Plaintiffs also brought derivative claims against the individual
executives for control person liability under Section 20(a) of the
Exchange Act. Finally, the Plaintiffs asserted claims against all
Defendants under the Israeli Securities Law of 1968 based on the
same facts.
The initial class action complaint in this case was filed by Marc
Jansen on August 12, 2019. After receiving a number of applications
for appointments of lead plaintiff and lead counsel filed pursuant
to the Private Securities Litigation Reform Act, the Court
appointed Menora Mivtachim Insurance Ltd., Menora Mivtachim
Pensions and Gemel Ltd., Menora Mivtachim and the Federation of
Engineers Provident Fund Management Ltd., Clal Insurance Company
Ltd., Clal Pension and Provident Ltd., and Atudot Pension Fund for
Employees and Independent Workers as lead Plaintiffs and Pomerantz
LLP as lead counsel on December 26, 2019.
The Plaintiffs now seek a review of the Court's Memorandum and
Order dated March 30, 2021 and Judgment dated March 31, 2021,
granting Defendants' motions to dismiss the case.
The appellate case is captioned as Jansen v. International Flavors
& Fragrances Inc., Case No. 21-1076, in the United States Court of
Appeals for the Second Circuit, filed on April 28, 2021.[BN]
Plaintiffs-Appellants Menora Mivtachim Insurance Ltd., Menora
Mivtachim and the Federation of Engineers Provident Fund Management
Ltd., Clal Insurance Company Ltd., Menora Mivtachim Pensions and
Gemel Ltd., Clal Pension and Provident Ltd., and Atudot Pension
Fund for Employees and Independent Workers are represented by:
Jeremy Alan Lieberman, Esq.
POMERANTZ LLP
600 3rd Avenue
New York, NY 10016
Telephone: (212) 661-1100
E-mail: jalieberman@pomlaw.com
Defendants-Appellees International Flavors & Fragrances Inc.,
Andreas Fibig, Richard A. O'Leary, Frutarom Industries Ltd, Ori
Yehudai, Ari Rosenthal, Alon Granot, Guy Gill, and Amos Anatot are
represented by:
Roger A. Cooper, Esq.
CLEARY GOTTLIEB STEEN & HAMILTON LLP
1 Liberty Plaza
New York, NY 10006
Telephone: (212) 225-2000
E-mail: racooper@cgsh.com
ITURAN LOCATION: Class Status Bid in Subscriber Suit Pending
------------------------------------------------------------
Ituran Location and Control Ltd continues to defend a purported
customer class action lawsuit in Tel-Aviv, Israel, the Company
disclosed in its Form 20-F report filed with the Securities and
Exchange Commission for the fiscal year ended December 31, 2020.
The Company is awaiting the court's decision on a bid for class
status.
On July 13, 2015, Ituran Location and Control Ltd. received a
purported class action lawsuit which was filed against the Company
in the District Court of Central Region in Tel-Aviv, by one
plaintiff who is a subscriber of the Company, alleging that the
Company, which was declared a monopoly under the Israeli Antitrust
Law, 1988, unlawfully abused its power as a monopoly and
discriminated between its customers.
The plaintiff claims that the alleged discrimination resulted from
the Company charging higher monthly subscription fees from
customers who are obliged by insurance company requirements to
install location and recovery systems in their vehicles than the
monthly subscription fees that are charged from customers who are
not required by insurance companies to install location and
recovery systems in their vehicles.
In addition, the plaintiff claims that the Company offers to
customers who are not required by insurance companies to install
location and recovery systems in their vehicles, a discounted
warrantee service to their location and recovery systems. The
plaintiff also claims that the actions raise additional causes of
action against the Company such as negotiations without good faith,
executing contract without good faith, breach of contract, unjust
enrichment, breach of consumer protection laws, tort laws, and
breach of statutory duty.
The lawsuit is yet to be approved as a class action. If approved,
the total amount claimed was estimated by the plaintiff to be
approximately NIS 300 million (approximately USD 93 million).
The Company said, "Our defense against the approval of the class
action lawsuit was filed on January 3, 2016. The plaintiff has
responded to our defense on February 29, 2016. Hearing for first
stage, i.e. whether claim will be approved as a class action are
over and parties filed their summaries."
On November 17, 2020, the court informed the parties that it
decided to stall his decision whether to prove the class action,
until The Supreme Court of Israel will render its decision in
another case that involves a relevant issue.
A class action lawsuit based on similar claims, against the
Company, which was filed on form 6-K on March 22, 2011, was
dismissed by the court on the request of both parties, on March 5,
2012 for a small compensation to the plaintiff and his attorneys,
in a total amount of NIS 30,000 (approximately USD 8,700). The
Company said the dismissal of a similar class action lawsuit may
have a positive effect on its defense against the current lawsuit.
"Based on an opinion of our legal counsels, we have good defense
arguments in respect of claims made by the plaintiff and that the
chances that the lawsuit will not be approved as a class action
lawsuit are higher than it will be approved. While we cannot
predict the outcome of this case, if we are not successful in
defending our claim, we could be subject to significant costs,
adversely affecting our results of operations," the Company said.
Ituran Location and Control LTD is a leader in the emerging
mobility technology field, providing value-added location-based
services, including a full suite of services for the connected car.
Ituran offers Stolen Vehicle Recovery, fleet management as well as
mobile asset location, management & control services for vehicles,
cargo, and personal security for the retail, insurance industry,
and car manufacturers. Ituran is the largest OEM telematics
provider in Latin America. Its products and applications are used
by customers in over 20 countries. Ituran is also the founder of
the Tel-Aviv-based DRIVE startup incubator to promote the
development of smart mobility technology.
JEFFERSON CAPITAL: Evans Files FDCPA Suit in S.D. West Virginia
---------------------------------------------------------------
A class action lawsuit has been filed against Jefferson Capital
Systems, LLC. The case is styled as Lori Evans, on behalf of
herself and all others similarly situated v. Jefferson Capital
Systems, LLC, Case No. 5:21-cv-00278 (S.D.W. Va., May 4, 2021).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
Jefferson Capital Systems, LLC -- https://www.myjcap.com/ --
provides financial services. The Company offers payment rewards,
bankruptcy claims, and debt collection services.[BN]
The Plaintiff is represented by:
Steven R. Broadwater, Jr., Esq.
HAMILTON BURGESS YOUNG & POLLARD
P. O. Box 959
Fayetteville, WV 25840-0959
Phone: (304) 574-2727
Fax: (304) 574-3709
Email: sbroadwater@hamiltonburgess.com
KALAHARI RESORTS: Tenzer-Fuchs Files ADA Suit in E.D. New York
--------------------------------------------------------------
A class action lawsuit has been filed against Kalahari Resorts,
LLC. The case is styled as Michelle Tenzer-Fuchs, on behalf of
herself and all others similarly situated v. Kalahari Resorts, LLC,
Case No. 2:21-cv-02488 (E.D.N.Y., May 4, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
The Kalahari Resort and Convention Center --
https://www.kalahariresorts.com/ -- is a water park resort chain
with locations in Wisconsin Dells, Wisconsin; Sandusky, Ohio;
Pocono Manor, Pennsylvania; and in Round Rock, Texas.[BN]
The Plaintiff is represented by:
Jonathan Shalom, Esq.
SHALOM LAW, PLLC
105-13 Metropolitan Avenue
Forest Hills, NY 11375
Phone: (718) 971-9474
Email: jonathan@shalomlawny.com
KIMBERLY REYNOLDS: Court Tosses Bid to Certify 91A Class as Moot
----------------------------------------------------------------
In the class action lawsuit captioned as SUSAN ROWE, CHRISTINE M.
KLEIBER, TAMMY D. BURDEN, JULIE A. SCHROPP, and STACEY L. GOOD,
individually and on behalf of themselves and others similarly
situated, v. KIMBERLY KAY REYNOLDS, in her official capacity as
Governor State of Iowa, JAMES M. KURTENBACH, in his official
capacity with Iowa Department of Administrative Services, and the
STATE OF IOWA, Case No. 4:19-cv-00256-JAJ-SBJ (S.D. Iowa), the Hon.
Judge entered an order:
1. granting the Defendants' Motion for Partial Summary
Judgment;
and
2. denying as moot Plaintiffs' Motion to Certify 91A Class.
The Court considers Plaintiffs' contention that preemption of their
IWPCL claim invades the sovereign of the state of Iowa. The Court
is unpersuaded. Although the IWPCL generally requires employers to
pay the wages that are owed to employees, the Iowa Wage Payment
Collection Law claim (IWPCL) does not provide an independent basis
for the amount of wages to be paid. The Plaintiffs rely on the Fair
Labor Standards Act (FLSA) for the amount of wages to be paid and
therefore only seek to enforce federal overtime law. The Court
finds no improper invasion of the sovereign of the state of Iowa.
The Plaintiffs Susan Rowe, Christine Kleiber, Tammy Burden, Julie
Schropp, and Stacey Good are registered nurses (RNs) employed by
the State of Iowa, providing care and assistance to patients or
residents at state facilities. The Plaintiffs work at either the
Woodward Resource Center, the Iowa Medical and Classification
Center, or the Iowa State Penitentiary. Plaintiffs are classified
as "02020" and "82020" employees.
This Court conditionally certified the Plaintiffs' class action
under the Fair Labor Standards Act (FLSA) in a previous order. In
the same order, the Court denied Plaintiffs' request to delay Rule
23 class certification of their Iowa Wage Payment Collection Law
claim (IWPCL) and ordered Plaintiffs to file their motion for class
certification of their IWPCL claim within 30 days. For the purpose
of Defendants' Motion for Partial Summary Judgment, it is
undisputed that Count I of Plaintiffs' Complaint alleges a
violation of the FLSA's overtime requirements and that Count II
alleges a violation of the IWPCL for failure to pay overtime.
A copy of the Court's order:dated April 26, 2021 is available from
PacerMonitor.com at https://bit.ly/3enZeKD at no extra charge.[CC]
KNAUF GIPS: Appleby et al., Sue Over Defective Drywall
------------------------------------------------------
Veronica Appleby, Priscilla Brown, Julian Brown, Peter C. Deaton,
Jermaine V. Ellis, Monique Ellis, EQWETRUST LLC, Heston Samuel on
behalf of H.H. Samuel Properties, LLC; Cintia M. Igarzabal, Neville
Anthony Kelly, Valentin Mansurov, Nelinda Martinez, Trevorlyn Fay
McElroy, Messina Mohammed, Farouk Mohammed, Jeffrey Robbins,
Patrisha Samantha Samaroo, Rafaela C. Wagner, Andrew K. Wagner,
Dueane Warren, and Stacey Warren, on behalf of themselves and all
others similarly situated v. KNAUF GIPS KG; and KNAUF PLASTERBOARD
TIANJIN CO., LTD, Case No. 0:21-cv-60948-XXXX (S.D. Fla., May 4,
2021), is brought against the Defendants with regard to the
defective Chinese-manufactured drywall products have been found in
the Plaintiffs' Florida homes, which are believed to be the
manufactured by the Defendants.
According to the complaint, the Defendants' drywall is
predominately composed of gypsum. Within the Defendants' defective
drywall that was designed, manufactured, exported, imported,
distributed, delivered, supplied, inspected, installed, marketed,
and/or sold by the Defendants, sulfur compounds exit the drywall.
The sulfur compounds, including Hydrogen Sulfide, Carbonyl Sulfide,
and Carbon Disulfide, exit the Defendants' drywall and cause rapid
sulfidation and damage to personal property.
Although the drywall functions according to its intended purpose as
a building component, it is unfit for this purpose due to the
damaging side effects and/or because its use is so inconvenient
that the Plaintiffs would not have purchased their homes had the
side effects been disclosed by the Defendants. As a direct and
proximate result of the Defendants' actions and omissions, each the
Plaintiff's structures and personal property have been exposed to
the Defendants' defective drywall containing the latent defect and
the harmful effects of the sulfur compounds that exit from the
Defendants' defective drywall. The Defendants tortiously
manufactured, exported, imported, distributed, delivered, supplied,
inspected, installed, marketed and/or sold the defective drywall,
which was unfit for its intended purpose in that the drywall caused
rapid sulfidation and damage to personal property in each the
Plaintiff's home, residence or structure, says the complaint.
The Plaintiffs are citizens of Florida and own real properties in
Florida.
The Defendants provide building materials and systems to customers
in over 50 countries, including the United States.[BN]
The Plaintiffs are represented by:
James V. Doyle, Esq.
DOYLE LAW FIRM, PC
2100 Southbridge Pkwy., Suite 650
Birmingham, AL 35209
Phone: 205-533-9500
Fax: 844-638-5812
Email: Jim.doyle@doylefirm.com
LABORATORY CORPORATION: Davis Suit Seeks Class Certification
------------------------------------------------------------
In the class action lawsuit captioned as LUKE DAVIS, JULIAN VARGAS,
and AMERICAN COUNCIL OF THE BLIND, individually and on behalf of
all others similarly situated, v. LABORATORY CORPORATION OF AMERICA
HOLDINGS; and DOES 1-10, inclusive, Case No. 2:20-cv-00893-FMO-KS
(C.D. Cal.), the Plaintiff will move the Court on May 27, 202 ,to
enter an order:
1. certifying this case as a class action pursuant to Rules
23(a) and 23(b)(2) of the Federal Rules of Civil Procedure
on
behalf of the following nationwide class and California
subclass:
-- Nationwide class
"All legally blind individuals in the United States who
visited a LabCorp patient service center in the United
States and were denied full and equal enjoyment of the
goods, services, facilities, privileges, advantages, or
accommodations due to LabCorp's failure to make its e-
check-in kiosks accessible to legally blind individuals;"
and
-- California subclass
"All legally blind individuals in California who visited a
LabCorp patient service center in California and were
denied full and equal enjoyment of the goods, services,
facilities, privileges, advantages, or accommodations due
to LabCorp's failure to make its e-check-in kiosks
accessible to legally blind individuals;"
2. certifying the Plaintiffs Davis and Vargas as class
representatives of the Plaintiff class; and
3. certifying the Plaintiffs' counsel as class counsel.
Laboratory Corporation is an American S&P 500 company headquartered
in Burlington, North Carolina. It operates one of the largest
clinical laboratory networks in the world, with a United States
network of 36 primary laboratories.
A copy of the Plaintiffs' motion to certify class dated April 26,
2021 is available from PacerMonitor.com at https://bit.ly/2RvsTZv
at no extra charge.[CC]
The Plaintiff is represented by:
The Attorneys for the Plaintiffs Julian Vargas, Luke Davis,
American Council of the Blind, and the Proposed Class, are:
Jonathan D. Miller, Esq.
Alison M. Bernal, Esq.
Benjamin J. Sweet, Esq.
NYE, STIRLING, HALE
& MILLER, LLP
33 West Mission Street, Suite 201
Santa Barbara, CA 93101
Telephone: (805) 963-2345
Facsimile: (805) 284-9590
E-mail: jonathan@nshmlaw.com
alison@nshmlaw.com
ben@nshmlaw.com
- and -
Matthew K. Handley, Esq.
HANDLEY FARAH &
ANDERSON PLLC
777 6th St. NW
Washington, DC 20001
Telephone: (202) 559-2411
Facsimile: (844) 300-1952
E-mail: mhandley@hfajustice.com
LISI LLC: Becker Sues to Remedy Injury from Data Breach
-------------------------------------------------------
Matthew Becker, individually and on behalf of all others similarly
situated v. LISI, LLC and AMWINS GROUP, INC, Case No. 3:21-cv-03295
(N.D. Cal., May 4, 2021), is brought against the Defendants to
remedy actual injury that the Plaintiff have suffered from having
their personal information identifying ("PII") compromised and
stolen in and as a result of the Data Breach.
In July 2020, the Plaintiff received a "Notice of Data Breach"
letter dated July 15, 2020, from LISI, LLC, an "insurance broker
and business associate of MetLife," stating that an employee's
email account was hacked by an unauthorized third party who
obtained insureds' PII and other account information (the "Data
Breach"). According to the Notice, as part of the Data Breach,
emails containing customer PII were disseminated from a LISI email
account to an unauthorized third party. The Plaintiff's and class
members' names, Social Security numbers, dates of birth, and
insurance information, including insurance Plan Tier, were accessed
by the unauthorized party and exfiltrated out of the LISI's data
systems. The the Plaintiff and class members have suffered actual
injury from having their PII compromised and stolen in and as a
result of the Data Breach, the complaint asserts.
The complaint further alleges that the Defendants have disregarded
the rights of Plaintiff and Class Members by, inter alia,
intentionally, willfully, recklessly, or negligently failing to
take adequate and reasonable measures to ensure its data systems
were protected against unauthorized intrusions; failing to disclose
that Defendants did not have adequately robust data security
practices and protocols to safeguard PII; failing to take standard
and reasonably available steps to prevent the Data Breach; failing
to monitor and timely detect the Data Breach; and failing to
provide Plaintiff and Class Members with prompt and accurate notice
of the Data Breach.
As a result of the Defendants' failure to implement and follow
basic security procedures, Plaintiff's and Class Members' PII is
now in the hands of thieves. The Plaintiff and Class Members have
had to spend, and will continue to spend, significant amounts of
time and money in an effort to protect themselves from the adverse
ramifications of the Data Breach and will forever be at a
heightened risk of identity theft and fraud, says the complaint.
The Plaintiff enrolled in a life and disability insurance plan with
Metropolitan Life Insurance Company in March 2018.
The Defendant LISI, LLC is a general insurance agency and is one of
the largest general agencies in California, provides services and
resources to insurance brokers and agencies of all sizes.[BN]
The Plaintiff is represented by:
Michael F. Ram, Esq.
Marie N. Appel, Esq.
Jean Martin, Esq.
MORGAN & MORGAN COMPLEX LITIGATION GROUP
711 Van Ness Avenue, Suite 500
San Francisco, CA 94102
Phone: (415) 358-6913
Facsimile: (415) 358-6923
Email: mram@forthepeople.com
mappel@forthepeople.com
jeanmartin@forthepeople.com
- and -
Micah S. Adkins, Esq.
THE ADKINS FIRM, P.C.
1025 Westhaven Blvd., Suite 220
Franklin, TN 37064
Phone: (615) 370-9659
Email: michaeladkins@itsyourcreditreport.com
NESTLE WATERS: Oldrey Sues Over Misleading Marketing Practices
--------------------------------------------------------------
Brandy Oldrey, individually and on behalf of all others similarly
situated v. Nestle Waters North America, Inc., Case No.
7:21-cv-03885 (S.D.N.Y., May 2, 2021), seeks damages and an
injunction to stop the Defendant's false and misleading marketing
practices with regard to its sparkling water purporting to contain
a non-de minimis amount of raspberry and lime ingredients under its
Poland Spring brand.
The complaint alleges that the Defendant markets the Product to the
many consumers who have cut back on sugary drinks like carbonated
soft drinks and fruit juices, due to growing awareness of sugar's
adverse health effects, imploring them to "ditch the sugary sodas."
Consumers are seeking sparkling waters with real fruit ingredients,
which is why the front label prominently states the Product is made
"With a Twist of Raspberry and Lime" and the side panel states,
"Taste the Real." The Defendant's labeling misleads consumers as to
the relative amount and quantity of raspberry and lime
ingredients.
According to the complaint, the Defendant misrepresented the
Product through affirmative statements, half-truths, and omissions.
The Defendant sold more of the Product and at a higher prices than
it would have in absence of this misconduct, resulting in
additional profits at the expense of consumers. Had the Plaintiff
and proposed class members known the truth, they would not have
bought the Product or would have paid less for it. The Plaintiff
paid more for the Product based on the representations than she
would have otherwise paid.
The Plaintiff purchased the Product on at least one occasion within
the statutes of limitations for each cause of action.
Nestle Waters North America, Inc. manufactures, markets and sells
sparkling water purporting to contain a non-de minimis amount of
raspberry and lime ingredients under its Poland Spring brand.[BN]
The Plaintiff is represented by:
Spencer Sheehan
SHEEHAN & ASSOCIATES, P.C.
60 Cuttermill Rd Ste 409
Great Neck NY 11021-3104
Phone: (516) 268-7080
Fax: (516) 234-7800
Email: spencer@spencersheehan.com
NORDIC KNOTS: Tatum-Rios Files ADA Suit in S.D. New York
--------------------------------------------------------
A class action lawsuit has been filed against Nordic Knots, Inc.
The case is styled as Lynnette Tatum-Rios, individually and on
behalf of all other persons similarly situated v. Nordic Knots,
Inc., Case No. 1:21-cv-03545-JPO (S.D.N.Y., April 21, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Nordic Knots -- https://nordicknots.com/us/ -- is a Scandinavian
Rug Company founded on the Scandinavian tradition of functional
design with a minimalist aesthetic.[BN]
The Plaintiff is represented by:
Christopher Howard Lowe, Esq.
LIPSKY LOWE LLP
420 Lexington Avenue, Suite 1830
New York, NY 10170
Phone: (212) 764-7171
Email: chris@lipskylowe.com
NORTHCENTRAL PIZZA: Cole Files Suit in California Superior Court
----------------------------------------------------------------
A class action lawsuit has been filed against Northcentral Pizza
LLC. The case is styled as Tasha Cole, as an individual and on
behalf of all others similarly situated v. Northcentral Pizza LLC,
a California corporation, Does 1-50, Case No.
34-2021-00299158-CU-OE-GDS (Cal. Super. Ct., Sacramento Cty., April
21, 2021).
The case type is stated as "Other Employment Civil Unlimited."
Northcentral Pizza is located in Pasadena, California and primarily
operates in the Pizza Restaurants business.[BN]
The Plaintiff is represented by:
Larry W. Lee, Esq.
1110 Franklin St Ste 6, Oakland, CA 94607-6528
Phone: (415) 779-2888
Fax: (415) 738-7873
Email: larry@ysleelaw.com
NURTURE INC: Gutierrez Files Suit in S.D. New York
--------------------------------------------------
A class action lawsuit has been filed against Nurture, Inc. The
case is styled as Angela Gutierrez, individually and on behalf of
all others similarly situated v. Nurture, Inc., Case No.
1:21-cv-03499-MKV (S.D.N.Y., April 20, 2021).
The nature of suit is stated as Contract Product Liability.
Nurture, Inc. doing business as Happy Family Organics --
https://www.happyfamilyorganics.com/ -- is an organic baby and
toddler food company in the US.[BN]
The Plaintiff is represented by:
William J. Ban, Esq.
BARRACK, RODOS & BACINE (NYC)
425 Park Avenue, Suite 3100
New York, NY 10022
Phone: (212) 688-0782
Email: wban@barrack.com
OAKLAND, CA: Gaffett Files Suit in N.D. California
--------------------------------------------------
A class action lawsuit has been filed against City Of Oakland, et
al. The case is styled as Jasmine Gaffett, Kierra Brown, Toshua
Sears, individually and on behalf of a class of all persons
similarly situated v. City Of Oakland, Susan Manheimer, Leronne
Armstrong, Alameda County, Gregory J. Ahern, Case No.
3:21-cv-02881-TSH (N.D. Cal., April 21, 2021).
The nature of suit is stated as Other Civil Rights for the Civil
Rights Act.
Oakland -- https://www.oaklandca.gov/ -- is a city on the east side
of San Francisco Bay, in California.[BN]
The Plaintiffs are represented by:
Rachel Lederman, Esq.
ALEXSIS C. BEACH & RACHEL LEDERMAN, ATTORNEYS
P.O. Box 40339
San Francisco, CA 94140-0339
Phone: (415) 282-9300
Fax: (510) 590-9296
Email: rachel@beachledermanlaw.com
- and -
Robert Michael Flynn, Esq.
FLYNN LAW OFFICE
1720 Broadway, Suite 430
Oakland, CA 94612
Phone: (510) 893-3226
Fax: (866) 728-7879
Email: michael@flo-law.com
The Defendants are represented by:
Brigid S. Martin, Esq.
OFFICE OF OAKLAND CITY ATTORNEY BARBARA J. PARKER
One Frank Ogawa Plaza, Sixth Floor
Oakland, CA 94612
Phone: (510) 238-3751
Fax: (510) 238-6500
Email: bmartin@oaklandcityattorney.org
OHIO ENVIRONMENTAL: Class Cert. of Female Full-Time Workers Sought
------------------------------------------------------------------
In the class action lawsuit captioned as KATHARINA A. SNYDER, et
al., v. OHIO ENVIRONMENTAL PROTECTION AGENCY, Case No.
5:20-cv-00178-SL (N.D. Ohio), the Plaintiff asks the Court to enter
an order pursuant to Rule 23 of the Federal Rules of Civil
Procedure for certification of the case as a class action
prosecuted on behalf of and for the benefit of:
"all overtime-eligible female full-time workers employed by
Defendant Ohio Environmental Protection Agency (OEPA) holding
the classification specification(s) of Environmental Specialist
1 ("ES1"), Environmental Specialist 2 ("ES2"), and/or
Environmental Specialist 3 ("ES3") from October 30, 2009, to the
present.
Alternatively, the plaintiffs ask that the class certified will
include either (1) all such overtime-eligible female full-time
workers employed by the Agency in its Central Office and each of
its field offices other than its Central District field office from
October 30, 2009, to the present or (2) all such overtime-eligible
female workers employed by the Agency in its Northeast Ohio field
office from October 30, 2009, to the present.
Snyder and Gereby are or were full-time employees of OEPA assigned
to its NEDO field office to discharge duties under the
classification specification of "Environmental Specialist 2," and
were members of a collective bargaining unit that had contracted
with the Agency respecting the terms and conditions of employment
for all of the Agency's employees holding the classification
specification of ES1, ES2, or ES3.
The OEPA organization consists of a Central Office and five
district field offices, viz., the Northeast Ohio District Office
(NEDO) (where plaintiffs worked at all times relevant to this civil
action) headquartered in Twinsburg, the Northwest Ohio District
Office (NWDO) headquartered in Bowling Green, the Central District
Office ("CDO") headquartered in Columbus, the Southeast District
Office ("SEDO") headquartered in Logan, and the Southwest District
Office ("SWDO") headquartered in Dayton. The chiefs of each of the
district offices report to Mark Johnson, Deputy Director of the
Agency, who, in turn, reports to Laura Factor, Assistant Director
for Environmental Policy, Priorities and Legislation, who, in turn,
reports to the administrative head of the Agency, the Director of
the OEPA, Laurie A. Stevenson.
A copy of the Plaintiffs' motion to certify class dated April 26,
2021 is available from PacerMonitor.com at https://bit.ly/2QQ07Tt
at no extra charge.[CC]
The Plaintiffs are represented by:
S. David Worhatch, Esq.
LAW OFFICES OF S. DAVID WORHATCH
4920 Darrow Road
Stow, OH 44224-1406
Telephone: (330) 650-6000
Facsimile: (330) 650-2390
E-mail: sdworhatch@worhatchlaw.com
OREGON STATE UNIVERSITY: Pranger Suit Removed to D. Oregon
----------------------------------------------------------
The case styled as Danielle Pranger, Garrett Harris, individually
and on behalf of all others similarly situated v. Oregon State
University, a public body of the State of Oregon; Trustee F. King
Alexander, Trustee Mike Bailey, Trustee Patricia M. Bedient,
Trustee Rani Borkar, Trustee Julia Brim-Edwards, Trustee Darald W
Callahan, Trustee Michele Longo Eder, Trustee Lamar Hurd, Trustee
Paul J Kelly, Jr., Trustee Julie Manning, Trustee Preston Pulliams,
Trustee Kirk E. Schueler, Trustee Stephanie Smith, Trustee Michael
G. Thorne, in their capacity as member of the Board of Trustees;
Case No. 21CV08719, was removed from the Multnomah County Circuit
Court, to the U.S. District Court for the District of Oregon on
April 30, 2021.
The District Court Clerk assigned Case No. 3:21-cv-00656-YY to the
proceeding.
The nature of suit is stated as Other Contract Actions for Contract
Dispute.
Oregon State University -- https://oregonstate.edu/ -- is a public
land-grant research university in Corvallis, Oregon.[BN]
The Plaintiffs are represented by:
Alexander Graven, Esq.
Neil N. Olsen, Esq.
Paul B. Barton, Esq.
OLSEN BARTON LLC
Five Centerpointe Dr., Ste. 220
Lake Oswego, OR 97035
Phone: (503) 836-7175
Fax: (503) 820-2933
Email: alex@olsenbarton.com
neil@olsenbarton.com
paul@olsenbarton.com
The Defendants are represented by:
Gregory J. Mina, Esq.
Nathan R. Morales, Esq.
Sarah J. Crooks, Esq.
Stephen F. English, Esq.
PERKINS COIE LLP
1120 NW Couch, Ste. 10th Floor
Portland, OR 97209
Phone: (503) 727-2000
Fax: (503) 727-2222
Email: gmina@perkinscoie.com
nmorales@perkinscoie.com
scrooks@perkinscoie.com
senglish@perkinscoie.com
OVINTIV USA: Shepherd Royalty Files Suit in W.D. Oklahoma
---------------------------------------------------------
A class action lawsuit has been filed against Ovintiv USA Inc. The
case is styled as Shepherd Royalty LLC, on behalf of itself and all
others similarly situated v. Ovintiv USA Inc., Case No.
5:21-cv-00420-J (W.D. Okla., April 30, 2021).
The nature of suit is stated as Other Contract for Contract
Dispute.
Ovintiv Inc. -- https://www.ovintiv.com/ -- is a leading North
American exploration and production (E&P) company focused on
developing its high-quality, multi-basin portfolio.[BN]
The Plaintiff is represented by:
Eric L Combs, Esq.
Matthew K Felty, Esq.
LYTLE SOULE & FELTY PC
119 N Robinson Ave, Suite 1200
Oklahoma City, OK 73102
Phone: (405) 235-7471
Fax: (405) 232-3852
Email: combs@lytlesoule.com
mkfelty@lytlesoule.com
OZARK PIZZA: Faces Anderson Suit Over Unpaid Compensations
----------------------------------------------------------
Michael Anderson, on behalf of himself and those similarly situated
v. Ozark Pizza Company, LLC; Eric Murphy; Kirk Brown; Doe
Corporation 1-10; John Doe 1-10; Case No. 1:21-cv-02396 (N.D. Ill.,
May 4, 2021), seeks appropriate monetary, declaratory, and
equitable relief based on the Defendants' willful failure to
compensate the Plaintiff as required by the Fair Labor Standards
Act (FLSA), the Illinois Minimum Wage Law (IMWL) and the Illinois
Wage Payment and Collection Act (IWPCA).
The Defendants repeatedly and willfully violated the FLSA, the
IMWL, and the IWPCA by failing to adequately reimburse delivery
drivers for their delivery-related expenses, thereby failing to pay
delivery drivers the legally mandated minimum wages for all hours
worked, says the complaint.
The Plaintiff is a delivery driver who worked at the Defendants'
Illinois Papa John's stores.
The Defendants own and/or operate approximately 50 Papa John's
Pizza locations in Illinois, Missouri, Arkansas, and Oklahoma,
approximately 15 of which are in Illinois.[BN]
The Plaintiff is represented by:
Andrew R. Biller, Esq.
Andrew P. Kimble, Esq.
Erica F. Blankenship, Esq.
BILLER & KIMBLE, LLC
8044 Montgomery Rd., Ste. 515
Cincinnati, OH 45236
Phone: (513) 715-8711
Facsimile: (614) 340-4620
Email: abiller@billerkimble.com
akimble@billerkimble.com
eblankenship@billerkimble.com
Web: www.billerkimble.com
PAUL DAVIS: Committed Fraud and Negligence, Toledo Suit Says
------------------------------------------------------------
Aaron Toledo and Kim Bubbs, individually and on behalf of those
similarly situated v. PAUL DAVIS RESTORATION, INC., PAUL DAVIS OF
NORTH CHICAGO, (BOTH SOMETIMES DBA "PAUL DAVIS," "PAUL DAVIS
RECOVER * RECONSTRUCT * RESTORE", AND/OR "PAUL DAVIS EMERGENCY
SERVICES"); JESUS CHAVEZ; and, DOES 1 through 200, inclusive, Case
No. 21STCV14979 (Cal. Super Ct., Los Angeles, Cty., April 20,
2021), is brought pursuing the following causes of action: (a)
Negligence; (b) Fraud in the inducement and performance; (c) For
civil remedies contained in Penal Code Section 496; and, (d)
Interpleader.
The complaint alleges that during the wild fires of the Fall of
2018, the Plaintiffs' property located in Malibu was severely
damaged and environmentally contaminated. The wild fires severely
impacted a vast number of properties. The Plaintiffs sought a
contractor would could provide services, including doing necessary
repairs and engaging in environmental remediation. The Plaintiffs
were eventually steered to Defendants for repairs, cleaning,
remediation and other services.
According to the complaint, the Defendants did not notify the
Plaintiffs they were not licensed to conduct business in
California, were not licensed as contractors as required under the
laws of the State of California, and they were "parachuting" into
California with the objective of exploiting a large volume of
California residents whose properties were damaged in the severe
wild fires. The Defendants engaged in deceit, and as a result, the
Plaintiffs engaged the Defendants. The Defendants' work was shoddy
and incomplete and resulted in among other things property damage
to the Plaintiffs' property. The Defendants engaged in fraud in
performance.
As a proximate result of the negligence of Defendants against whom
this cause of action is asserted, Plaintiffs suffered substantial
injury, harm and/or loss in an amount exceeding $100,000 or other
amount according to proof, including but not limited to property
damage, inconvenience, loss of use, and other general damages, says
the complaint.
The Plaintiffs own property located in Malibu, California.
PAUL DAVIS RESTORATION, INC. and Does 1 through 20, inclusive is a
corporation.[BN]
The Plaintiffs are represented by:
Steven Zelig, Esq.
BAY CITIES LAW GROUP, INC.
1046 Princeton Drive, #201
Marina del Rey, CA 90292
Phone: 310/393-6702
Fax: 310/393-6703
PILLPACK LLC: Williams Suit Moved to M.D. Florida
-------------------------------------------------
The case captioned as Aaron Williams, on behalf of himself and
others similarly situated v. Pillpack, LLC, Defendant; Yodel
Technologies, LLC, Non-Party Subpoena Recipient, Movant; Case No.
1:19-cv-5282 was moved from the U.S. District Court for the Western
District of Washington, to the U.S. District Court for the Middle
District of Florida on April 21, 2021.
The District Court Clerk assigned Case No. 8:21-mc-00059-TPB-TGW to
the proceeding.
The nature of suit is stated as Other Statutory Actions for Motion
to Compel.
Pillpack -- https://www.pillpack.com/ -- a full-service online
pharmacy that packages medication and delivers to the door every
month.[BN]
The Plaintiff is represented by:
Avi Robert Kaufman, Esq.
Rachel Elizabeth Kaufman, Esq.
KAUFMAN P.A.
400 NW 26th Street
Miami, FL 33127
Phone: (305) 469-5881
Email: kaufman@kaufmanpa.com
rachel@kaufmanpa.com
PORTNOY SCHNECK: Oh Files FDCPA Suit in M.D. Pennsylvania
---------------------------------------------------------
A class action lawsuit has been filed against Portnoy Schneck,
L.L.C. et al. The case is styled as Joon Oh, individually and
behalf of all others similarly situated v. Portnoy Schneck, L.L.C.,
Cavalry SPV I, LLC, John Does 1-25, Case No. 3:21-cv-00815-MEM
(M.D. Pa., May 4, 2021).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
Portnoy Schneck, L.L.C. -- https://www.splawoffice.com/ -- is a
full service creditors' rights and business litigation firm with
offices in Hamilton, New Jersey and Valhalla, New York.[BN]
The Plaintiff is represented by:
Scott H. Bernstein, Esq.
SKOLNICK LEGAL GROUP, P.C.
103 Eisenhower Parkway, Ste. 305
Roseland, NJ 07068
Phone: (203) 246-2887
Email: sbernstein@blakeleyllp.com
PROGRESSIVE MANAGEMENT: Fernandez Files FDCPA Suit in S.D. Cal.
---------------------------------------------------------------
A class action lawsuit has been filed against Progressive
Management Systems, et al. The case is styled as Hector Fernandez,
individually and on behalf of all others similarly situated v.
Progressive Management Systems, Emergency and Acute Care Medical
Corp., Case No. 3:21-cv-00841-BEN-RBB (S.D. Cal., April 30, 2021).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
Progressive Management Systems -- http://pmscollects.com/-- is a
debt collection agency.[BN]
The Plaintiff is represented by:
Helen Irene Zeldes, Esq.
SCHONBRUN SEPLOW HARRIS HOFFMAN & ZELDAS, LLP
501 West Broadway, Suite 800
San Diego, CA 92101
Phone: (619) 400-4990
Email: hzeldes@sshhzlaw.com
RECEIVABLES PERFORMANCE: Bodovinac Files FDCPA Suit in D. Nevada
----------------------------------------------------------------
A class action lawsuit has been filed against Receivables
Performance Management LLC, et al. The case is styled as Thomas
Bodovinac, individually and on behalf of all others similarly
situated v. Receivables Performance Management LLC, John Does 1-25,
Case No. 2:21-cv-00709 (D. Nev., April 30, 2021).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
Receivables Performance Management also known as RPM --
http://www.receivablesperformance.com/-- is a collections agency
based out of Washington and is a national leader in accounts
receivable management.[BN]
The Plaintiff is represented by:
Robert M. Tzall, Esq.
CONTEMPORARY LEGAL SOLUTIONS PLLC
2551 N Green Valley Pkwy Building C, Suite 303
Henderson, NV 89014
Phone: (702) 666-0233
Email: office@contemporarylegalsolutions.com
ROCKETREACH LLC: Services Breach Ill. Publicity Act, Suit Says
--------------------------------------------------------------
AIMEE KRAUSE, individually and on behalf of all others similarly
situated, v. ROCKETREACH, LLC, a Wyoming limited liability company,
Case No. 1:21-cv-01938 (N.D. Ill., April 12, 2021) seeks to put an
end to the Defendant's unlawful practice of using the names and
identities of Illinois residents without their consent in order to
promote its service.
The complaint asserts that by using Illinois residents' full names
in its advertisements without their consent and for its own
commercial gain, RocketReach violated -- and continues to violate
-- the Illinois Right of Publicity Act.
According to the complaint, RocketReach encourages prospective
customers to perform a free people search on its website. When
consumers perform a free search for an individual -- by typing the
individual's first and last name into the search bar -- RocketReach
displays a preview page featuring the searched individual's full
name alongside certain uniquely identifying information. The
purpose of this page is twofold: first, it shows potential
customers that the RocketReach's database contains the specific
individual they searched for and represents that a paid
subscription grants access to much more information about the
individual than the "free" preview; and second, it offers to sell
them a paid subscription, where they can access proprietary
information about anybody in its database. In other words,
RocketReach does not offer to sell information about the
individuals searched on its website, but rather, uses their
identities to sell subscriptions to its paid service.
Unsurprisingly, the people appearing in these advertisements never
provided RocketReach with their consent (written or otherwise) to
use their identities for any reason, let alone for marketing
purposes, the complaint states.
Defendant RocketReach operates a website that sells access to a
database containing proprietary information about people to anybody
willing to pay RocketReach for a monthly subscription.[BN]
The Plaintiff is represented by:
Benjamin H. Richman, Esq.
Ari J. Scharg, Esq.
Benjamin S. Thomassen, Esq.
Albert J. Plawinski, Esq.
EDELSON PC
350 North LaSalle Street, 14th Floor
Chicago, IL 60654
Telephone: (312) 589-6370
Facsimile: (312) 589-6378
E-mail: brichman@edelson.com
ascharg@edelson.com
bthomassen@edelson.com
aplawinski@edelson.com
SAFECO INSURANCE: Mouber Suit Removed to W.D. Missouri
------------------------------------------------------
The case styled as Ross Mouber, on behalf of himself and all others
similarly situated v. Safeco Insurance Company of Illinois, Case
No. 2116-CV03922, was removed from the Circuit Court of Jackson
County, Missouri to the U.S. District Court for the Western
District of Missouri on April 30, 2021.
The District Court Clerk assigned Case No. 4:21-cv-00293-HFS to the
proceeding.
The nature of suit is stated as Insurance for Insurance Contract.
Safeco Insurance Company of Illinois -- https://www.safeco.com/ --
operates as an insurance company. The Company provides auto, home,
renters, condo, boat, car, motorcycle, and umbrella insurance
services.[BN]
The Plaintiff is represented by:
Martin L Daesch, Esq.
Jesse Rochman, Esq.
ONDERLAW, LLC
110 E. Lockwood, 2nd Floor
St. Louis, MO 63119
Phone: (314) 963-9000
Fax: (314) 963-1700
Email: daesch@onderlaw.com
rochman@onderlaw.com
The Defendant is represented by:
Mark B. Schaffer, Esq.
SCHAFFER & ASSOCIATES, CHARTERED
12980 Foster, Suite 370
Overland Park, KS 66213
Phone: (913) 345-0100
Fax: (913) 345-1802
Email: mschaffer@schafflaw.com
SAGESTREAM LLC: Coulter FCRA Suit Removed to E.D. Pennsylvania
--------------------------------------------------------------
The case styled as Ramsey Coulter, individually, on behalf of other
similarly situated consumers v. SageStream, LLC , Case No. PA,
20-08888-MJ, was removed from the Court of Common Pleas of Chester
County, to the U.S. District Court for the Eastern District of
Pennsylvania on May 3, 2021.
The District Court Clerk assigned Case No. 2:21-cv-02037 to the
proceeding.
The lawsuit is brought over alleged violation of the Fair Credit
Reporting Act.
SageStream, LLC -- https://www.sagestreamllc.com/ -- is a credit
reporting agency that issues consumer reports regulated by the Fair
Credit Reporting Act.[BN]
The Plaintiff appears pro se.
The Defendant is represented by:
Eric Hall Dressler, Esq.
TROUTMAN PEPPER HAMILTON SANDERS LLP
3000 Two Logan Square, 18th & Arch STS
Philadelphia, PA 19103
Phone: (215) 981-4000
Email: erica.dressler@troutman.com
SAS ANALYTICS: Geskey Seeks Review of Cahoo Insurance Suit Ruling
-----------------------------------------------------------------
Defendants Steven Geskey and Sharon Moffet-Massey filed an appeal
from a court ruling entered in the lawsuit PATTI JO CAHOO, KRISTEN
MENDYK, KHADIJA COLE, HYON PAK, and MICHELLE DAVISON, Plaintiffs,
v. SAS INSTITUTE INC., FAST ENTERPRISES LLC, CSG GOVERNMENT
SOLUTIONS, STEPHEN GESKEY, SHEMIN BLUNDELL, DORIS MITCHELL, DEBRA
SINGLETON, and SHARON MOFFET-MASSEY, Defendants, Case No.
2:17-cv-10657, in the U.S. District Court for the Eastern District
of Michigan at Detroit.
The Plaintiffs in this case have commenced the putative class
action to recover damages allegedly caused by the State of
Michigan's Unemployment Insurance Agency's ("UIA") implementation
of an automated system to detect and punish individuals who
submitted fraudulent unemployment insurance claims. The automated
fraud detection computer application that the UIA implemented
sometime around 2013 was known as the Michigan Integrated Data
Automated System ("MiDAS"). MiDAS was developed to search for
discrepancies in the records of unemployment compensation
recipients, automatically determine whether the claimants committed
fraud, and execute collection proceedings, which included
intercepting tax refunds and garnishing wages.
The Plaintiffs say that they are victims of the system's many
failures: it lacked human oversight, it detected fraud by certain
claimants where none existed, it provided little or no notice to
the accused claimants, it failed in many instances to allow
administrative appeals, and it assessed penalties and forfeitures
against individuals who were blameless.
Defendants Steven Geskey and Sharon Moffet-Massey seek a review of
the Court's Order dated March 25, 2021, granting in part and
denying in part their motions for summary judgment. In that Order,
the Plaintiffs' amended complaint was dismissed with prejudice as
to Plaintiff Hyon Pak, only, against all Defendants, and as to
Defendants Shemin Blundell, Doris Mitchell, and Debra Singleton as
to all Plaintiffs.
The appellate case is captioned as Patti Cahoo, et al. v. SAS
Analytics Inc., et al., Case No. 21-1407, in the United States
Court of Appeals for the Sixth Circuit, filed on April 28,
2021.[BN]
Defendants-Appellants STEVEN GESKEY and SHARON MOFFET-MASSEY are
represented by:
Kimberly K. Pendrick, Esq.
OFFICE OF ATTORNEY GENERAL
3030 W. Grand Boulevard, Suite 9-600
Detroit, MI 48202
Telephone: (313) 456-2200
E-mail: pendrickk@michigan.gov
Plaintiffs-Appellees PATTI JO CAHOO, an individual; KRISTEN MENDYK,
an individual; KHADIJA COLE, an Individual and on behalf of
similarly situated; HYON PAK; and MICHELLE DAVISON are represented
by:
Julie H. Hurwitz, Esq.
GOODMAN, HURWITZ & JAMES
1394 E. Jefferson Avenue
Detroit, MI 48207
Telephone: (313) 567-6170
- and -
Anthony Dietrich Paris, Esq.
John C. Philo, Esq.
SUGAR LAW CENTER
4605 Cass Avenue, Second Floor
Detroit, MI 48201
Telephone: (313) 993-4505
E-mail: tparis11@yahoo.com
johnphilo1@comcast.net
Defendants-Appellees FAST ENTERPRISES, LLC and CSG GOVERNMENT
SOLUTIONS are represented by:
Walter J. Piszczatowski, Esq.
HERTZ SCHRAM
1760 S. Telegraph Road, Suite 300
Bloomfield Hills, MI 48302
Telephone: (248) 335-5000
E-mail: wallyp@hertzschram.com
- and -
Stephen J. Rosenfeld, Esq.
MCDONALD HOPKINS
300 N. LaSalle Street, Suite 1400
Chicago, IL 60654
Telephone: (312) 280-0111
E-mail: srosenfeld@mandellmenkes.com
Erik F. Stidham, Esq.
HOLLAND & HART
800 W. Main Street, Suite 1750
Boise, ID 83702
Telephone: (208) 342-5000
E-mail: efstidham@hollandhart.com
SENTRY CREDIT: Ciccone Files FDCPA Suit in E.D. New York
--------------------------------------------------------
A class action lawsuit has been filed against Sentry Credit, Inc.,
et al. The case is styled as Joseph Ciccone, individually and on
behalf of all others similarly situated v. Sentry Credit, Inc.,
Bureaus Investment Group Portfolio No 15, LLC, Case No.
2:21-cv-02430 (E.D.N.Y., April 30, 2021).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
Sentry Credit, Inc. -- https://sentrycredit.com/ -- offers business
process outsourcing and third party collection services.[BN]
The Plaintiff is represented by:
David M. Barshay, Esq.
BARSHAY, RIZZO & LOPEZ, PLLC
445 Broadhollow Road, Suite Cl18
Melville, NY 11747
Phone: (631) 210-7272
Fax: (516) 706-5055
Email: dbarshay@brlfirm.com
SOUTHERN NEW HAMPSHIRE: Settlement Class Gets Initial Approval
--------------------------------------------------------------
In the class action lawsuit captioned as Briana Wright v. Southern
New Hampshire University, Case No. 1:20-cv-00609-LM (D.N.J.), the
Hon. Judge entered an order:
1. preliminarily certifying the proposed class for settlement
purposes and provisionally appointing plaintiff Wright as the
settlement class representative and Bursor & Fisher, P.A., as
class counsel; and
2. preliminarily approving the parties' proposed settlement
agreement and directing class counsel to cause the Settlement
Administrator to provide notice to all class members in
accordance with the notice provisions of the Agreement.
In light of the court's preliminary approval of the parties'
proposed settlement, all pending motions are denied as moot, with
leave to refile in the event the court denies final approval of the
proposed settlement.
The Plaintiff Briana Wright brings this putative class action on
her own behalf and on behalf of a proposed class of students and
former students of defendant Southern New Hampshire University
(SNHU) who paid tuition and fees for in-person educational services
during SNHU's spring 2020 semester.
Wright alleges that in spring 2020 the per-semester cost in tuition
and fees for in-person educational services at SNHU was
approximately $17,500, whereas the per-semester cost to students
who elected to attend SNHU classes remotely (the online experience
option) was $960 per course, or $4,800 for a full load of five
courses. It is undisputed that, because of the global COVID-19
pandemic, SNHU canceled all of its in-person classes from March 11,
2020, through the end of its spring 2020 semester, without
refunding or abating the tuition or fees paid by students who chose
the campus experience option. Plaintiff alleges that students who
contracted and paid for SNHU's campus experience received
educational services during approximately half of the spring 2020
semester that were identical to those received by students who paid
lesser amounts for SNHU's online experience. The Plaintiff asserts
claims for breach of contract, unjust enrichment, and conversion
under New Hampshire common law.
A copy of the Court's order dated April 26, 2021 is available from
PacerMonitor.com at https://bit.ly/3haRUDV at no extra charge.[CC]
SPIRIT AIRLINES: Cox Suit Seeks to Certify Class of 1st-Time Fliers
-------------------------------------------------------------------
In the class action lawsuit captioned as THOMAS COX , et al, on
behalf of themselves and all others similarly situated, v. SPIRIT
AIRLINES, INC., Case No. 1:17-cv-05172-EK-VMS (E.D.N.Y.), the
Plaintiff asks the Court to enter an order certifying the following
Class pursuant to Federal Rule of Civil Procedure:
"a class consisting of first-time fliers of Spirit Airlines, Inc.
who purchased their Spirit flight through any of the on-line travel
agents presently owned by Expedia Group (Expedia, Travelocity,
Orbitz and Cheaptickets), Fareportal (CheapOAir) and Booking
Holdings (Priceline and Cheapflights), Kiwi.com, and Bookit.com,
during the period August 31, 2011 through July 31, 2017 and paid a
carry-on fee imposed by Spirit."
Spirit Airlines is an American ultra-low-cost carrier headquartered
in Miramar, Florida in the Miami metropolitan area. Spirit operates
scheduled flights throughout the United States and in the Caribbean
and Latin America.
A copy of the Plaintiff's motion to certify class dated April 26,
2021 is available from PacerMonitor.com at https://bit.ly/3nSMnDx
at no extra charge.[CC]
The Plaintiff is represented by:
Jeffrey A. Klafter, Esq.
Seth R. Lesser, Esq.
Christopher M. Timmel, Esq.
KLAFTER LESSER LLP
Two International Drive, Suite 350
Rye Brook, NY 10573
Telephone: (914) 934-9200
Facsimile: (914) 934-9220
E-mail: : jak@klafterlesser.com
seth@klafterlesser.com
christopher.timmel@klafterlesser.com
- and -
John Hermina, Esq.
George Hermina, Esq.
HERMINA LAW GROUP
Laurel Lakes Executive Park
8327 Cherry Lane
Laurel, MD 20707
Telephone: (301) 776-2003
Facsimile: (301) 490-7913
E-mail: j@herminalaw.com
The Defendant is represented by:
Mark W. Robertson, Esq.
Daniel J. Franklin, Esq.
Lindsey R. Love, Esq.
Tristan Morales, Esq.
Mike Rosenblatt, Esq.
O'MELVENY & MYERS LLP
E-mail: mrobertson@omm.com
dfranklin@omm.com
llove@omm.com
tmorales@omm.com
mrosenblatt@omm.com
SUNRUN INC: Moreno Files TCPA Suit in N.D. California
-----------------------------------------------------
A class action lawsuit has been filed against Sunrun, Inc. The case
is styled as Sherry Moreno, individually and on behalf of all
others similarly situated v. Sunrun, Inc., a Delaware corporation,
Case No. 3:21-cv-03306 (N.D. Cal., May 4, 2021).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Sunrun -- https://www.sunrun.com/ -- is the leading home solar
panel and battery storage company.[BN]
The Plaintiff is represented by:
William Litvak, Esq.
DAPEER ROSENBLIT & LITVAK
11500 W Olympic Blvd, Suite 550
Los Angeles, CA 90064-1524
Phone: (310) 477-5575
Email: wlitvak@drllaw.com
TAYLOR FARMS: Leal Files Suit in California Superior Court
----------------------------------------------------------
A class action lawsuit has been filed against Taylor Farms Pacific,
Inc. The case is styled as Julian P. Leal, an individual, on behalf
of himself and all other similarly situated v. Taylor Farms
Pacific, Inc., a California corporation, Case No.
STK-CV-UOE-2021-0003972 (Cal. Super. Ct., San Joaquin Cty., May 4,
2021).
The case type is stated as "Unlimited Civil Other Employment."
Taylor Farms Pacific, Inc. -- https://www.taylorfarms.com/ -- is
located in Tracy, California and is part of the Food Service
Contractors Industry.[BN]
The Plaintiff is represented by:
John M. Scheppach, Esq.
SCHEPPACH BAUER PC
23181 Verdugo Dr, Suite 105-A
Laguna Hills, CA 92653
Phone: 949-209-8895
Email: jmscheppach@sbpc.law
TELLING INDUSTRIES: Haney Sues Over Unpaid Overtime Compensation
----------------------------------------------------------------
Christopher Haney, on behalf of himself and all others similarly
situated v. TELLING INDUSTRIES, LLC, Case No. 2:21-cv-02187-ALM-KAJ
(S.D. Ohio, April 30, 2021), is brought as a result of the
Defendant's practices and policies of not paying its non-exempt
employees, including the Plaintiff and other similarly situated
employees, for all hours worked, including overtime compensation in
violation of the Fair Labor Standards Act, as well as a "class
action" pursuant to remedy violations of the Ohio Minimum Fair Wage
Standards Act.
The Plaintiff and other similarly situated manufacturing employees
frequently worked over 40 hours per week. the Plaintiff worked on
average between 40 and 43 hours per week. As a result of the
Defendant's practices and policies, the Plaintiff and other
similarly situated manufacturing employees were not compensated for
all of the time they worked, including all of the overtime hours
they worked over 40 each workweek, says the complaint.
The Plaintiff was employed by the Defendant as a manufacturing
employee between December 2016 and October 2020. Specifically, the
Plaintiff worked as a Line Operator.
The Defendant manufactures and ships metal framing products.[BN]
The Plaintiff is represented by:
Lori M. Griffin, Esq.
Anthony J. Lazzaro, Esq.
Chastity L. Christy, Esq.
THE LAZZARO LAW FIRM, LLC
920 Rockefeller Building
614 W. Superior Avenue
Cleveland, OH 44113
Phone: 216-696-5000
Facsimile: 216-696-7005
Email: lori@lazzarolawfirm.com
anthony@lazzarolawfirm.com
chastity@lazzarolawfirm.com
TEX CARE: Francisco Seeks to Certify Rule 23 Class
--------------------------------------------------
In the class action lawsuit captioned as HERLINDA FRANCISCO, on
behalf of herself, FLSA Collective Plaintiffs and the Class, v. NY
TEX CARE INC. d/b/a GREEN & WHITE DRY CLEANERS, and INSUN YUN, Case
No. 1:19-cv-01649-PKC-ST (E.D.N.Y.), the Plaintiff asks the Court
to enter an order certifying a Rule 23 Class of New York Labor Law
Claims seeking to represent:
"all current and former maintenance workers, cleaners, washers,
presserss, loaders, and counter persons who worked for the
defendants NY Tex Care, Inc., Inc., d/b/a Green & White Dry
Cleaners (Tex Care) and Insun Yun at any time between march 22,
2013 and the present."
Tex Care is a commercial laundry and dry-cleaning plant located in
Queens, New York.
A copy of the Plaintiff's motion to certify class dated April 26,
2021 is available from PacerMonitor.com at https://bit.ly/2R0jg55
at no extra charge.[CC]
The attorneys for the Plaintiff, FLSA Collective Plaintiffs and the
Class, are:
C.K. Lee, Esq.
LEE LITIGATION GROUP, PLLC
Lee Litigation Group, PLLC
148 West 24th Street, 8th Floor
New York, NY 10011
Telephone: (212) 465-1188
Facsimile: (212) 465-1181
TRANSWORLD SYSTEMS: Havi Files FDCPA Suit in D. New Jersey
----------------------------------------------------------
A class action lawsuit has been filed against Transworld Systems
Inc., et al. The case is styled as Amham Havi, individually and on
behalf of those similarly situated v. Transworld Systems Inc.,
Pendrick Capital Partners II, LLC, Case No. 3:21-cv-09828-MAS-DEA
(D.N.J., April 20, 2021).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
Transworld Systems Inc. -- https://tsico.com/ -- is a
market-leading provider of accounts receivable management and
student loan servicing solutions.[BN]
The Plaintiff is represented by:
Craig B. Sanders, Esq.
BARSHAY SANDERS, PLLC
100 Garden City Plaza, Suite 500
Garden City, NY 11530
Phone: (516) 203-7600
Fax: (516) 281-7601
Email: csanders@barshaysanders.com
UNITED STATES: Zand Appeals Case Dismissal to 9th Cir.
------------------------------------------------------
Plaintiff Afshin Zand filed an appeal from a court ruling entered
in the lawsuit entitled The James Madison Foundation for the
Promotion and Protection of the US Constitution, et al. v. United
States Government, Case No. 4:19-cv-06323-JSW, in the U.S. District
Court for the Northern District of California, Oakland.
The lawsuit arises from tort claims over alleged personal property
damage.
On January 29, 2021, Judge Jeffrey S. White entered judgment and
order granting the Defendant's Motion to Dismiss the case for lack
of jurisdiction.
The appellate case is captioned as Afshin Zand, et al. v. United
States Government, Case No. 21-15769, in the United States Court of
Appeals for the Ninth Circuit, filed on April 28, 2021.
The briefing schedule in the Appellate Case states that:
-- Appellant Afshin Zand opening brief is due on June 28, 2021;
-- Appellee United States Government answering brief is due on
July 28, 2021; and
-- Appellant's optional reply brief is due 21 days after service
of the answering brief.[BN]
Plaintiff-Appellant AFSHIN ZAND of Pleasanton, Califonia appears
pro se.
Defendant-Appellee UNITED STATES GOVERNMENT is represented by:
Julie Bibb Davis, Esq.
DOJ-USAO
450 Golden Gate Avenue
San Francisco, CA 94102
Telephone: (415) 436-7066
UNITED SURGICAL: Perkins Sues Over Breaches of Fiduciary Duties
---------------------------------------------------------------
Amanda Perkins, Heather C. Holst, Terry J. Williams, Tanya C.
Standifer and Karley Mayhill, individually and on behalf of all
others similarly situated v. UNITED SURGICAL PARTNERS
INTERNATIONAL, INC., THE BOARD OF DIRECTORS OF UNITED SURGICAL
PARTNERS INTERNATIONAL, INC., THE RETIREMENT PLAN ADMINNISTRATION
COMMITTEE OF UNITED SURGICAL PARTNERS INTERNATIONAL, INC., and JOHN
DOES 1-30, Case No. 3:21-cv-00973-X (N.D. Tex., April 30, 2021), is
brought pursuant to the Employee Retirement Income Security Act of
1974 ("ERISA"), against the Plan's fiduciaries, which include
United Surgical Partners International, Inc., the Board of
Directors of United Surgical Partners International, Inc. and its
members during the Class Period and the Retirement Plan
Administration Committee of United Surgical Partners International,
Inc. and its members during the Class Period for breaches of their
fiduciary duties.
According to the complaint, at all times during the Class Period
(April 30, 2015 through December 31, 2018) the Plan had at least
290 million dollars in assets under management. At the end of 2017
and 2018, the Plan had over 455 million dollars in assets under
management that were/are entrusted to the care of the Plan's
fiduciaries. The Plan's assets under management qualifies it as a
large plan in the defined contribution plan marketplace, and among
the largest plans in the United States. As a large plan, the Plan
had substantial bargaining power regarding the fees and expenses
that were charged against participants' investments. The
Defendants, however, did not try to reduce the Plan's expenses or
exercise appropriate judgment to scrutinize each investment option
that was offered in the Plan to ensure it was prudent.
The Plaintiffs allege that during the putative Class Period the
Defendants, as "fiduciaries" of the Plan, as that term is defined
under ERISA, breached the duties they owed to the Plan, to the
Plaintiffs, and to the other participants of the Plan by, inter
alia, (1) failing to objectively and adequately review the Plan's
investment portfolio with due care to ensure that each investment
option was prudent, in terms of cost; and (2) maintaining certain
funds in the Plan despite the availability of identical or similar
investment options with lower costs and/or better performance
histories; and (3) failing to control the Plan's administrative and
record-keeping costs.
The Defendants' mismanagement of the Plan, to the detriment of
participants and beneficiaries, constitutes a breach of the
fiduciary duty of prudence in violation of the ERISA. Their actions
were contrary to actions of a reasonable fiduciary and cost the
Plan and its participants millions of dollars. Based on this
conduct, the Plaintiffs assert claims against Defendants for breach
of the fiduciary duty of prudence (Count One) and failure to
monitor fiduciaries (Count Two), says the complaint.
The Plaintiffs participated in the Plan investing in the options
offered by the Plan.
United Surgical was the Plan sponsor and a named fiduciary during
the Class Period.[BN]
The Plaintiffs are represented by:
Dan E. Martens, Esq.
THE LAW OFFICES OF DAN E. MARTENS
17101 Preston Road, Suite 160 S
Dallas, TX 75248
Phone: 972-335-3888
Fax: 972-335-5805
Email: dmartens@danielmartens.com
- and -
Donald R. Reavey, Esq.
CAPOZZI ADLER, P.C.
2933 North Front Street
Harrisburg, PA 17110
Phone: (717) 233-4101
Fax: (717) 233-4103
Email: donr@capozziadler.com
- and -
Mark K. Gyandoh, Esq.
CAPOZZI ADLER, P.C.
312 Old Lancaster Road
Merion Station, PA 19066
Phone: (610) 890-0200
Fax (717) 233-4103
Email: markg@capozziadler.com
VALENTINE & KEBARTAS: Tsuladze Files FDCPA Suit in E.D. New York
----------------------------------------------------------------
A class action lawsuit has been filed against Valentine & Kebartas,
LLC, et al. The case is styled as Sophio Tsuladze, individually and
on behalf of all others similarly situated v. Valentine & Kebartas,
LLC, LVNV Funding LLC, Case No. 1:21-cv-02478 (E.D.N.Y., May 4,
2021).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
Valentine and Kebartas, LLC (V&K) --
https://valentineandkebartas.com/ -- provides collection services
to public and private sector clients.[BN]
The Plaintiff is represented by:
Uri Horowitz, Esq.
HOROWITZ LAW, PLLC
14441 70th Road
Flushing, NY 11367
Phone: (718) 705-8706
Fax: (718) 705-8705
Email: uri@horowitzlawpllc.com
VEOLIA NORTH: Bid to Strike Rebuttal Reports of Experts Partly OK'd
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In the class action lawsuit re Flint Water Cases, Case No.
5:16-cv-10444-JEL-MKM (E.D. Mich.), the Hon. Judge Judith E. Levy
entered an order:
1. granting in part and denying in part the Defendant VNA's
motion to strike the plaintiff's untimely new expert
reports;
2. extending the Defendant VNA's motion to stay; and
3. clarifying deadlines for class certification meet and
confer.
On April 22, 2021, the Court held oral argument, through
audio-visual technology, on Defendant Veolia North America, LLC
(VNA)'s motion to strike as untimely ten rebuttal reports of class
experts Larry Russell, Howard Hu, Panagiotis Georgopoulos, David
Keiser, Clifford Weisel, Pierre Goovaerts, Robert Simons, Daryn
Reicherter, Lauren Tompkins, and Mona Hanna-Attisha.
A copy of the the Court's order dated April 26, 2021 is available
from PacerMonitor.com at https://bit.ly/3up5gQX at no extra
charge.[CC]
VOLKSWAGEN AG: Montag Sues Over Decline in Securities Market Value
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Gerald M. Montag, individually and on behalf of all others
similarly situated v. VOLKSWAGEN AG, VOLKSWAGEN GROUP OF AMERICA,
INC., SCOTT KEOGH, and MARK GILLIES, Case No. 2:21-cv-03678 (C.D.
Cal., April 30, 2021), is brought on behalf of persons or entities
who purchased or otherwise acquired publicly traded Volkswagen
securities between March 29, 2021 and March 30, 2021, inclusive,
and to seek recovery compensable damages caused by the Defendants'
violations of the federal securities laws under the Securities
Exchange Act of 1934, with regard to the Defendants' wrongful acts
and omissions, and the decline in the market value of the Company's
securities.
According to the complaint, on March 29, 2021, VWoA published a
"draft" of a press release announcing its purported name change to
"Voltswagen" on its website for a short time. This "draft" had the
incorrect date of "April 29." On March 29, 2021, in response to the
name change press release, multiple news agencies reported that
they confirmed with Company insiders that the name change was real.
On March 30, 2021, VWoA re published the press release entitled
"Voltswagen: A new name for a new era of e-mobility" announcing the
Company's name change to "Voltswagen," this time with the correct
date of March 30, 2021. The press release was also taken down later
that day.
The statements referenced made by or attributed to Defendants, were
materially false and/or misleading because they misrepresented and
failed to disclose the following adverse facts pertaining to the
Company's business, operational and financial results, which were
known to the Defendants or recklessly disregarded by them.
Specifically, the Defendants made false and/or misleading
statements and/or failed to disclose that: (1) "Voltswagen" was
never going to be used by the Company, VWoA, or on any relevant
vehicle; (2) Volkswagen, VWoA, and their spokespeople purposefully
misled reporters (3) regarding the now-purported "joke" and/or
"promotion"; and as a result, the Defendants' public statements and
statements to journalists were materially false and/or misleading
at all relevant times, the complaint asserts.
The Plaintiff purchased the Company's securities at artificially
inflated prices during the Class Period.
Volkswagen purports to be one of the world's largest producers of
passenger cars.[BN]
The Plaintiff is represented by:
Laurence M. Rosen, Esq.
THE ROSEN LAW FIRM, P.A.
355 South Grand Avenue, Suite 2450
Los Angeles, CA 90071
Phone: (213) 785-2610
Facsimile: (213) 226-4684
Email: lrosen@rosenlegal.com
WALTER MILBACK: Lavertu Files Suit in New York Superior Court
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A class action lawsuit has been filed against Global Credit &
Collection Corporation, et al. The case is styled as John Lavertu,
individually as shareholder of Ex Sewer & Drain, Inc. and on behalf
of all other shareholders of said corporation similarly situated v.
WALTER MILBACK, NANCY MILBACK, COMPLETE CESSPOOL SERVICES INC D/B/A
ANTORINO & SONS, EZ TRUCKING INC, JOHN DOE AND JANE DOE, Case No.
607940/2021 (N.Y. Sup. Ct., Suffolk Cty., April 30, 2021).
The case type is stated as "E-FILED COMMERCIAL CASE."
Antorino and Sons -- https://www.antorinoandsons.com/ --
specializes in cesspool pumping, cesspool maintenance and septic
tank maintenance.[BN]
The Plaintiff is represented by:
BARNES & BARNES, P.C.
445 BROADHOLLOW RD, STE 229
MELVILLE, NY 11747
Phone: (516) 673-0674
YAMHILL COUNTY, OR: Eastwood Appeals Summary Judgment to 9th Cir.
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Plaintiff Joy Eastwood filed an appeal from a court ruling entered
in the lawsuit entitled JOY EASTWOOD, on behalf of Minor M.E.,
individually and on behalf of a class of others similarly situated,
Plaintiffs v. YAMHILL COUNTY, TIM SVENSON, personally, JESSICA
BEACH, PERSONALLY, and SCOTT PAASCH, personally, Defendants v.
CORRECT CARE SOLUTIONS, Third-Party Defendant, Case No.
3:18-cv-00293-YY, in the U.S. District Court for the District of
Oregon, Portland.
On November 14, 2018, the Plaintiff filed a motion for leave to
file an amended complaint and a motion for a temporary restraining
order. The Plaintiff's original, and currently operative, complaint
alleges that Defendants violated the Fourth Amendment of the U.S.
Constitution. The Plaintiff's proposed amended complaint alleges
that Defendants violated the Eighth and First Amendments, in
addition to the Fourth Amendment.
As reported in the Class Action Reporter on April 15, 2021, Judge
Michael H. Simon of the U.S. District Court for the District of
Oregon granted the Defendants' Motion for Summary Judgment and the
Third-Party Defendant's Motion for Summary Judgment. Prior to
this, Magistrate Judge Youlee Yim You issued Findings and
Recommendation in the case on Feb. 8, 2021, recommending that the
Court grant the Defendants' and the Third-Party Defendant's motions
for summary judgment.
The Plaintiff now seeks a review of the Order entered by Judge
Simon.
The appellate case is captioned as Joy Eastwood v. Yamhill County,
et al., Case No. 21-35331, in the United States Court of Appeals
for the Ninth Circuit, filed on April 28, 2021.
The briefing schedule in the Appellate Case states that:
-- Appellant Joy Eastwood Mediation Questionnaire was due on May
5, 2021;
-- Transcript shall be ordered by May 27, 2021;
-- Transcript is due on June 28, 2021;
-- Appellant Joy Eastwood opening brief is due on August 5,
2021;
-- Appellees Jessica Beach, Correct Care Solutions, LLC., Scott
Paasch, Tim Svensen and Yamhill County answering brief is due on
September 7, 2021; and
-- Appellant's optional reply brief is due 21 days after service
of the answering brief. [BN]
Plaintiff-Appellant JOY EASTWOOD, On Behalf of Minor M.E.,
individually and on behalf of a class of others similarly situated,
is represented by:
Leonard Randolph Berman, Esq.
LAW OFFICE OF LEONARD R. BERMAN
4711 SW Huber Street, Suite E-3
Portland, OR 97219
Telephone: (503) 473-8787
E-mail: easyrabbi@yahoo.com
Defendants-Third-Party-Plaintiffs-Appellees YAMHILL COUNTY; JESSICA
BEACH, Personally; TIM SVENSEN, Personally; and SCOTT PAASCH,
Personally, are represented by:
Steven Kraemer, Esq.
David Charles Lewis, Esq.
KRAEMER & EDENHOFER
P.O. Box 1469
Lake Oswego, OR 97035
Telephone: (503) 763-3839
E-mail: skraemer@cisoregon.org
dlewis@cisoregon.org
Third-Party-Defendant-Appellee CORRECT CARE SOLUTIONS, LLC. is
represented by:
Tessan Wess, Esq.
LEWIS BRISBOIS BISGAARD & SMITH LLP
888 SW Fifth Avenue, Suite 900
Portland, OR 97204
Telephone: (971) 337-7005
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S U B S C R I P T I O N I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
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USA, and Beard Group, Inc., Washington, D.C., USA. Rousel Elaine T.
Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L.
Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors.
Copyright 2021. All rights reserved. ISSN 1525-2272.
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