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C L A S S A C T I O N R E P O R T E R
Tuesday, June 22, 2021, Vol. 23, No. 118
Headlines
1 BK STREET: Appeals Decision in Ioannou Suit to N.Y. Appellate Ct.
3G HOME: Feril FLSA Suit Alleges Unpaid Wages, Retaliation
3M COMPANY: AFFF Products Contain Toxic Chemicals, Rogers Suit Says
3M COMPANY: Grogan Sues Over Toxic Exposure From AFFF Products
3M COMPANY: Nabritt Sues Over Injury Sustained From AFFF Products
3M COMPANY: Schwarm Sues Over Exposure to Highly Toxic AFFF
3M COMPANY: Wooldridge Sues Over AFFF Products' Harmful Effects
AIRBNB INC: Apartments Contain Hidden Webcams, Cunningham Claims
ALE VIOLA: Roman Files ADA Suit in S.D. New York
ALTICE USA: Frashuer Files Suit in N.D. West Virginia
ATERIAN INC: Coon Files Suit Over Share Price Drop
AVIANNE GROUP: Roman Seeks Blind Consumers' Equal Access to Website
BILL ELDER: Court Closes Weikert Class Suit
BURPY INC: Angeles Slams Non-Blind Friendly Website
C & A PIZZA: Allen Sues Over Unpaid Wages, Unreimbursed Expenses
CAPITAL ONE: Harper Suit Seeks Unpaid Overtime Wages
CHARTER COMMUNICATIONS: Harper Suit Seeks Class Certification
CHICO PRODUCE: Miles Files Suit in Cal. Super. Ct.
COYUCHI INC: Nisbett Files ADA Suit in S.D. New York
DLP PROPERTY: Hatcher Suit Removed to E.D. Arkansas
DOYLE & DOYLE: Roman Files ADA Suit in S.D. New York
EASTMAN KODAK: McAdams Suit Moved From S.D.N.Y. to W.D.N.Y.
EBBETS FIELD: Blind Can't Access Website, Fischler Suit Alleges
ELECTROLUX HOME: Obertman Seeks to Certify Two Classes
EVERSIDE HEALTH: Horton Files Suit in Cal. Super. Ct.
EXPRESS FASHION: Court Certifies Class & Subclasses in Chacon Suit
FEDEX GROUND: Cuadra Seeks to Certify Class Action
FORD MOTOR CREDIT: Badere Files TCPA Suit in C.D. California
FORSTER & GARBUS: Stoessel Files FDCPA Suit in S.D. New York
GARRETT BRANDS: Conner Seeks Equal Website Access for Blind Users
GH DELIVERY: Underpays Food Delivery Drivers, Calderon Suit Says
GLOBAL WIDE: Jones Files TCPA Suit in E.D. Kentucky
GOLDEN SPECIALTY: Faces Salas Wage-and-Hour Suit in California
GOOGLE LLC: Valencia Class Suit Moved From N.D. Ala. to N.D. Cal.
GREEN MECHANICAL: Deboda Sues Over Unpaid Wages for Installers
HAN-BAE CORP: Francisco Seeks Overtime Pay, Slams Tip Credit
HANKEY INVESTMENT: Castellanos Sues Over Failure to Pay All Wages
HERFF JONES: Furcinito, Barnicle Sue Over Credit Card Fraud
HOFGUR LLC: Schoengood Appeals ADA Suit Dismissal to 2nd Cir.
HUNGRY PANDA: Weng FLSA Suit Seeks Collective Action Status
HYUNDAI MOTOR: Buettner Files Suit in C.D. California
INHABIT.IO INC: Olsen Files ADA Suit in E.D. New York
INTELENET AMERICA: Pickett FLSA Suit Moved From E.D. Pa. to D.N.J.
INTERSTATE GROUP: Smith Sues Over Unpaid OT for Welders/Fabricators
J.J. MARSHALL: Seeks June 23 Extension to File Class Cert. Response
J.R. SIMPLOT: Dutra Labor Suit Removed to E.D. California
JACOB & COMPANY: Roman Files ADA Suit in S.D. New York
JENNIFER MILLER: Roman Files ADA Suit in S.D. New York
JOHN BALDWIN: Davis Wins Bid for Class Certification
KENNETH BRAITHWAITE: Springs, et al. Seek to Certify Class
KROGER COMPANY: Response to Class Status Bid Extended to July 8
L.C. WILLARD ROOFING: Mejia Sues Over Unpaid Overtime Wages
LIFEVANTAGE CORP: Smith Suit Seeks to Certify Class of Purchasers
LINKUS ENTERPRISES: Martinez FLSA Class Suit Removed to D. Nevada
LOUIS TAMIS: Roman Files ADA Suit in S.D. New York
MALLINCKRODT PLC: Steamfitters Local 420 Files Suit in D. Delaware
MARKEL AMERICAN: MSPA 'Medicare' Suit Seeks Class Certification
MASTER BUILDERS: D'Aquin Suit Seeks to Certify Class of Employees
MEDNAX INC: Nielsen Consumer Suit Moved From D.S.C. to S.D. Fla.
MEDNAX SERVICES: Larsen Suit Transferred to S.D. Florida
MIDLAND CREDIT: Gulley Files FDCPA Suit in N.D. Georgia
MIDLAND FUNDING: Nettles Files Certiorari Petition in FDCPA Suit
MONICA VINADER: Roman Files ADA Suit in S.D. New York
MONSANTO COMPANY: Seeks to Stay Class Cert. Related Proceedings
MORTGAGE SOLUTIONS: Bontrager Files TCPA Suit in C.D. California
MOUGIS LOGISTICS: Alfonso Sues Over Delivery Drivers' Unpaid Wages
MUSHIANA TRANSPORT: Harden Files Suit in Cal. Super. Ct.
NATIONSTAR MORTGAGE: Jones Sues Over Unauthorized Bank Charges
NATIONSTAR MORTGAGE: Keil Sues Over Unauthorized ACH Debits
NAVY FEDERAL: Charges FT Fees on U.S. Online Purchases, Morrow Says
NCAA: Dunlap Files Suit in Southern District of Indiana
NEC NETWORKS: Camacho Sues Over Failure to Protect PHI and PII
NYC MEDICAL: Appeals Class Cert. Ruling in Lawrence FLSA-NYLL Suit
P&G AUDITORS: Curry Class Action Wins Conditional Certification
PNC BANK: Appeals Ruling in Scheid Wage-and-Hour Suit to 9th Cir.
POPZUP LLC: Conner Files ADA Suit in E.D. New York
PROCOLLECT INC: Anderson Files FDCPA Suit in W.D. North Carolina
PROFESSIONAL BILLING: Katz Class Cert. Bid Tossed w/o Prejudice
RESURRECTION UNIVERSITY: Harvey Suit Removed to N.D. Illinois
RICHARD BROWN: Thomas Files Suit in N.D. Georgia
RITANI LLC: Roman Files ADA Suit in S.D. New York
RITE AID: Appeals Class Cert. Ruling in Bailey Consumer Suit
SENIOR LIFE INSURANCE: Miholich Files TCPA Suit in S.D. California
SMITHFIELD DIRECT: Kane Wage-and-Hour Suit Goes to C.D. California
STATE FARM LIFE: Gonzalez Suit Seeks to Certify Class
SUNFLOWER BANK: Besser Sues Over Illegal Overdraft Fees
SUNRUN INC: Arcieri Sues Over Unauthorized Telemarketing Calls
T.W. LATH-N-STUCCO: Fails to Pay Proper Wages, Cordova Alleges
TANDOORI RESTAURANT: Varadakar Files Suit, Alleges Retaliation
TEAM HEALTH: GWA Sues Over Improper Billing Practices
TIPPSY INC: Martinez Files ADA Suit in E.D. New York
TOTAL LIFE: Tea's THC-Free Label "False," Miller Suit Alleges
TRUEACCORD CORP: Stivers Files FDCPA Suit in District of Kansas
UBS FINANCIAL: Schwartz FCRA Class Suit Removed to N.D. Illinois
UNITED COLLECTION: Giannini Files FDCPA Suit in N.D. Illinois
UNIVERSITY OF SOUTHERN CALIFORNIA: Nilo Sues Over Unpaid Wages
VITRO FLAT: Romero Files Suit in Cal. Super. Ct.
ZILLOW INC: Demetres Sues Over Anticompetitive Real Estate Scheme
*********
1 BK STREET: Appeals Decision in Ioannou Suit to N.Y. Appellate Ct.
-------------------------------------------------------------------
Defendant 1 BK STREET CORP. filed an appeal from a court ruling
entered in the lawsuit entitled ATHAS IOANNOU, Plaintiff v. 1 BK
STREET CORP., Defendant, Case No. 160523/2019, in the Supreme Court
of the State of New York County of New York.
The Defendant contends that Plaintiff improperly requested and/or
obtained Building-Wide Rent registrations records. Rent
Stabilization Code Section 2528.5 expressly provides that rent
registrations records are confidential and that a tenant may only
obtain his or her own apartment rent registrations. However, the
Plaintiff sought Building-wide rent registration records of other
tenant's apartments having nothing to do with the instant
proceeding. Those building-wide rent registration records should be
precluded and suppressed and the motion for a protective order
precluding and suppressing those records and prohibiting Plaintiff
and his attorneys, etc., from discussing, revealing, using,
disseminating, distributing or communicating in any way information
contained in confidential Division of Housing and Community Renewal
Landlord (DHCR) rent registration records, should have been
granted, says the suit.
The Defendant is seeking a review of the Court's Decision and Order
entered by the Honorable Shlomo S. Hagler, denying its motion for
supervision of disclosure.
The appellate case is captioned as ATHAS IOANNOU v. 1 BK STREET
CORP., Case No. 2021-02075, in the Appellate Division of the
Supreme Court of the State of New York, First Department, filed on
June 10, 2021.[BN]
Defendant-Appellant 1 BK STREET CORP. is represented by:
Santo Golino, Esq.
GOLINO LAW GROUP, PLLC
46 Trinity Place, 3rd Floor
New York, NY 10006
Telephone: (212) 344-9300
Plaintiff-Appellee ATHAS IOANNOU is represented by:
Colin E. Kaufman, Esq.
ADAM LEITMAN BAILEY, P.C
One Battery Park Plaza, 18th Fl.
New York, NY 10004
Telephone: (212) 825-0365
3G HOME: Feril FLSA Suit Alleges Unpaid Wages, Retaliation
----------------------------------------------------------
C.J. FERIL, on behalf of himself and all others similarly situated,
Plaintiff v. 3G HOME EXTERIORS, INC. and JACOB HEIER, Defendants,
Case No. 3:21-cv-11406-RHC-CI (E.D. Mich., June 15, 2021) is a
class action against the Defendants for violations of the Fair
Labor Standards Act including failure to pay minimum wages, failure
to pay overtime, and retaliation.
The Plaintiff worked as an installer and crew leader in Michigan
from 2012 to January of 2020.
3G Home Exteriors, Inc. is a home improvement corporation,
specializing in the installation of roofing, siding and gutters,
located in Fraser, Michigan. [BN]
The Plaintiff is represented by:
Robert W. Palmer, Esq.
Channing Robinson-Holmes, Esq.
PITT, MCGEHEE, PALMER BONANNI & RIVERS, P.C.
117 W. Fourth Street, Suite 200
Royal Oak, MI 48067
Telephone: (248) 398-9800
E-mail: rpalmer@pittlawpc.com
crobinson@pittlawpc.com
3M COMPANY: AFFF Products Contain Toxic Chemicals, Rogers Suit Says
-------------------------------------------------------------------
BILLY ROGERS, individually and on behalf of all others similarly
situated, Plaintiff v. 3M COMPANY fka MINNESOTA MINING &
MANUFACTURING CO.; NATIONAL FOAM, INC.; KIDDE FIRE FIGHTING, INC;
KIDDE PLC INC.; KIDDE-FENWALL, INC; TYCO FIRE PRODUCTS, LP; BUCKEYE
FIRE EQUIPMENT CO.; CHEMGUARD, INC.; DYNAX CORPORATION; UTC FIRE &
SECURITYAMERICA'S, INC; E.I. DUPONT DE NEMOURS & CO.; DUPONT DE
NEMOURS, INC.; THE CHEMOURS CO.; THE CHEMOURS COMPANY FC, LLC;
CORTEVA, INC.; and DOES 1 to 100, inclusive, Defendants, Case No.
2:21-cv-01799-RMG (D.S.C., June 15, 2021) is a class action against
the Defendants for negligence, strict liability, defective design,
failure to warn, fraudulent concealment, medical monitoring trust,
and violations of the Uniform Voidable Transactions Act and
California Unfair Competition Law.
The case arises from a personal injury sustained by the Plaintiff
as a result of his exposure to the Defendants' aqueous film forming
foam (AFFF) products containing synthetic, toxic per- and
polyfluoroalkyl substances collectively known as PFAS. The
Defendants failed to use reasonable and appropriate care in the
design, manufacture, labeling, warning, instruction, training,
selling, marketing, and distribution of their PFAS-containing AFFF
products and also failed to warn public entities and consumers,
including the Plaintiff, who they knew would foreseeably come into
contact with their AFFF products that use of and/or exposure to the
products would pose a danger to human health. Due to inadequate
warning, the Plaintiff was exposed to toxic chemicals and was
diagnosed with thyroid disease, the suit alleges.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
National Foam, Inc. is a manufacturer of foam concentrate, foam
proportioning systems, fixed and portable foam firefighting
equipment, with principal place of business located at 350 East
Union Street, West Chester, Pennsylvania.
Kidde Fire Fighting, Inc. is a manufacturer of fire safety products
based in Mebane, North Carolina.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Kidde-Fenwal, Inc. is a manufacturer of fire protection systems
based in Ashland, Massachusetts.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
UTC Fire & Security America's Inc. is a manufacturer of security
and fire control systems based in Bradenton, Florida.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with principal place of business at 1007 Market
Street, Wilmington, Delaware.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware. [BN]
The Plaintiff is represented by:
Jeremy C. Shafer, Esq.
BANNER LEGAL
445 Marine View Avenue, Suite 100
Del Mar, CA 92014
Telephone: (760) 479-5404
E-mail: jshafer@bannerlegal.com
- and –
S. James Boumil, Esq.
BOUMIL LAW OFFICES
120 Fairmount Street
Lowell, MA, 01852
Telephone: (978) 458-0507
E-mail: sjboumil@boumil-law.com
- and –
Konstantine Kyros, Esq.
KYROS LAW
17 Miles Rd.
Hingham, MA 02043
Telephone: (800) 934-2921
E-mail: kon@kyroslaw.com
3M COMPANY: Grogan Sues Over Toxic Exposure From AFFF Products
--------------------------------------------------------------
STEVE GROGAN, individually and on behalf of all others similarly
situated, Plaintiff v. 3M COMPANY f/k/a Minnesota Mining and
Manufacturing Company; ACG CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. f/k/a DOWDUPONT INC.;
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY;
KIDDE-FENWAL, INC.; KIDDE PLC; NATION FORD CHEMICAL COMPANY;
NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP,
as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. f/k/a
GE Interlogix, Inc., Defendants, Case No. 2:21-cv-01784-RMG
(D.S.C., June 14, 2021) is a class action against the Defendants
for negligence, battery, inadequate warning, design defect, strict
liability, fraudulent concealment, breach of express and implied
warranties, and wantonness.
According to the complaint, the Defendants have failed to use
reasonable and appropriate care in the design, manufacture,
labeling, warning, instruction, training, selling, marketing, and
distribution of aqueous film forming foam (AFFF) products
containing synthetic, toxic per- and polyfluoroalkyl substances
collectively known as PFAS. The Defendants' AFFF products are
dangerous to human health because PFAS are highly toxic and
carcinogenic chemicals and can accumulate in the blood and body of
exposed individuals. The Defendants have also failed to warn public
entities and consumers, including the Plaintiff, who they knew
would foreseeably come into contact with their AFFF products. The
Plaintiff used the Defendants' PFAS-containing AFFF products in
their intended manner, without significant change in the products'
condition due to inadequate warning about the products' danger. The
Plaintiff relied on the Defendants' instructions as to the proper
handling of the products, the suit says.
As a result of alleged exposure to the Defendants' AFFF products,
the Plaintiff was diagnosed with prostate cancer.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with principal place of business at 1007 Market
Street, Wilmington, Delaware.
Kidde-Fenwal, Inc. is a manufacturer of fire protection systems
based in Ashland, Massachusetts.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a manufacturer of foam concentrate, foam
proportioning systems, fixed and portable foam firefighting
equipment, with principal place of business located at 350 East
Union Street, West Chester, Pennsylvania.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida. [BN]
The Plaintiff is represented by:
Richard Zgoda, Jr., Esq.
Steven D. Gacovino, Esq.
GACOVINO, LAKE & ASSOCIATES, P.C.
270 West Main Street
Sayville, NY 11782
Telephone: (631) 600-0000
Facsimile: (631) 543-5450
- and –
Gregory A. Cade, Esq.
Gary A. Anderson, Esq.
Kevin B. McKie, Esq.
ENVIRONMENTAL LITIGATION GROUP, P.C.
2160 Highland Avenue South
Birmingham, AL 35205
Telephone: (205) 328-9200
Facsimile: (205) 328-9456
3M COMPANY: Nabritt Sues Over Injury Sustained From AFFF Products
-----------------------------------------------------------------
EARL NABRITT, individually and on behalf of all others similarly
situated, Plaintiff v. 3M COMPANY fka MINNESOTA MINING &
MANUFACTURING CO.; NATIONAL FOAM, INC.; KIDDE FIRE FIGHTING, INC;
KIDDE PLC INC.; KIDDE-FENWALL, INC; TYCO FIRE PRODUCTS, LP; BUCKEYE
FIRE EQUIPMENT CO.; CHEMGUARD, INC.; DYNAX CORPORATION; UTC FIRE &
SECURITYAMERICA'S, INC; E.I. DUPONT DE NEMOURS & CO.; DUPONT DE
NEMOURS, INC.; THE CHEMOURS CO.; THE CHEMOURS COMPANY FC, LLC;
CORTEVA, INC.; and DOES 1 to 100, inclusive, Defendants, Case No.
2:21-cv-01798-RMG (D.S.C., June 15, 2021) is a class action against
the Defendants for negligence, strict liability, defective design,
failure to warn, fraudulent concealment, medical monitoring trust,
and violations of the Uniform Voidable Transactions Act and
California Unfair Competition Law.
According to the complaint, the Defendants have failed to use
reasonable and appropriate care in the design, manufacture,
labeling, warning, instruction, training, selling, marketing, and
distribution of aqueous film forming foam (AFFF) products
containing synthetic, toxic per- and polyfluoroalkyl substances
collectively known as PFAS. The Defendants' AFFF products are
dangerous to human health because PFAS are highly toxic and
carcinogenic chemicals and can accumulate in the blood and body of
exposed individuals. The Defendants have also failed to warn public
entities and consumers, including the Plaintiff, who they knew
would foreseeably come into contact with their AFFF products. The
Plaintiff used the Defendants' PFAS-containing AFFF products in
their intended manner, without significant change in the products'
condition due to inadequate warning about the products' danger. The
Plaintiff relied on the Defendants' instructions as to the proper
handling of the products, the suit says.
As a result of the Defendants' alleged omissions and misconduct,
the Plaintiff was diagnosed with renal cancer.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
National Foam, Inc. is a manufacturer of foam concentrate, foam
proportioning systems, fixed and portable foam firefighting
equipment, with principal place of business located at 350 East
Union Street, West Chester, Pennsylvania.
Kidde Fire Fighting, Inc. is a manufacturer of fire safety products
based in Mebane, North Carolina.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Kidde-Fenwal, Inc. is a manufacturer of fire protection systems
based in Ashland, Massachusetts.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
UTC Fire & Security America's Inc. is a manufacturer of security
and fire control systems based in Bradenton, Florida.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with principal place of business at 1007 Market
Street, Wilmington, Delaware.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware. [BN]
The Plaintiff is represented by:
Jeremy C. Shafer, Esq.
BANNER LEGAL
445 Marine View Avenue, Suite 100
Del Mar, CA 92014
Telephone: (760) 479-5404
E-mail: jshafer@bannerlegal.com
- and –
S. James Boumil, Esq.
BOUMIL LAW OFFICES
120 Fairmount Street
Lowell, MA, 01852
Telephone: (978) 458-0507
E-mail: sjboumil@boumil-law.com
- and –
Konstantine Kyros, Esq.
KYROS LAW
17 Miles Rd.
Hingham, MA 02043
Telephone: (800) 934-2921
E-mail: kon@kyroslaw.com
3M COMPANY: Schwarm Sues Over Exposure to Highly Toxic AFFF
-----------------------------------------------------------
Mark Harold Schwarm, and those similarly situated v. 3M COMPANY
(f/k/a Minnesota Mining and Manufacturing Company); AGC CHEMICALS
AMERICAS INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA,
INC.; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION;
CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.;
CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA,
INC.; DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a
DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND
COMPANY; KIDDE-FENWAL, INC.; KIDDE PLC; NATION FORD CHEMICAL
COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE
PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED
TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION,
INC. (f/k/a GE Interlogix, Inc.), Case No. 2:21-cv-01742-RMG
(D.S.C., June 10, 2021), is brought for damages for personal injury
resulting from exposure to aqueous film-forming foams ("AFFF")
containing the toxic chemicals collectively known as per and
polyfluoroalkyl substances ("PFAS"). PFAS includes, but is not
limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane
sulfonic acid ("PFOS") and related chemicals including those that
degrade to PFOA and/or PFOS.
According to the complaint, the Defendants collectively designed,
marketed, developed, manufactured, distributed, released, trained
users, produced instructional materials, promoted, sold, and/or
otherwise released into the stream of commerce AFFF with knowledge
that it contained highly toxic and bio persistent PFASs, which
would expose end users of the product to the risks associated with
PFAS. Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF
which contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. The Defendants knew, or should have known, that PFAS
remain in the human body while presenting significant health risks
to humans.
The Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. The Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
The Plaintiff regularly used, and was thereby directly exposed to,
AFFF in training and to extinguish fires during his working career
as a military and/or civilian firefighter and was diagnosed with
prostatic cancer as a result of exposure to Defendants' AFFF
products, says the complaint.
The Plaintiff regularly used, and was thereby directly exposed to,
AFFF in training and to extinguish fires during his working career
as a military and/or civilian firefighter; and was diagnosed with
prostate cancer as a result of exposure to the Defendants' AFFF
products.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and sellers of
PFAS-containing AFFF products or underlying PFAS containing
chemicals used in AFFF production.[BN]
The Plaintiff is represented by:
Gregory A. Cade, Esq.
Gary A. Anderson, Esq.
Kevin B. McKie, Esq.
ENVIRONMENTAL LITIGATION GROUP, P.C.
2160 Highland Avenue South
Birmingham, AL 35205
Phone: 205-328-9200
Facsimile: 205-328-9456
- and -
J. Edward Bell, Esq.
Gabrielle Anna Sulpizio, Esq.
BELL LEGAL GROUP
219 Ridge Street
Georgetown, SC 25442
Phone: 843-546-2408
Facsimile: 843-546-9604
3M COMPANY: Wooldridge Sues Over AFFF Products' Harmful Effects
---------------------------------------------------------------
LARRY WOOLDRIDGE, individually and on behalf of all others
similarly situated, Plaintiff v. 3M COMPANY fka MINNESOTA MINING &
MANUFACTURING CO.; NATIONAL FOAM, INC.; KIDDE FIRE FIGHTING, INC;
KIDDE PLC INC.; KIDDE-FENWALL, INC; TYCO FIRE PRODUCTS, LP; BUCKEYE
FIRE EQUIPMENT CO.; CHEMGUARD, INC.; DYNAX CORPORATION; UTC FIRE &
SECURITYAMERICA'S, INC; E.I. DUPONT DE NEMOURS & CO.; DUPONT DE
NEMOURS, INC.; THE CHEMOURS CO.; THE CHEMOURS COMPANY FC, LLC;
CORTEVA, INC.; and DOES 1 to 100, inclusive, Defendants, Case No.
2:21-cv-01797-RMG (D.S.C., June 15, 2021) is a class action against
the Defendants for negligence, strict liability, defective design,
failure to warn, fraudulent concealment, medical monitoring trust,
and violations of the Uniform Voidable Transactions Act and
California Unfair Competition Law.
The Plaintiff seeks to recover compensatory and punitive damages
arising out of serious medical conditions and complications
sustained as a direct result of his exposure to the Defendants'
aqueous film forming foam (AFFF) products containing synthetic,
toxic per- and polyfluoroalkyl substances collectively known as
PFAS at various locations during the course of his training and
firefighting activities. The Defendants failed to use reasonable
and appropriate care in the design, manufacture, labeling, warning,
instruction, training, selling, marketing, and distribution of
their PFAS-containing AFFF products. Further, the Defendants failed
to warn public entities and firefighter trainees, including the
Plaintiff, who they knew would foreseeably come into contact with
their AFFF products, or firefighters employed by either civilian
and/or military employers that use of and/or exposure to the
Defendants' AFFF products containing PFAS and/or its precursors
would pose a danger to human health. Due to inadequate warning, the
Plaintiff used the Defendants' PFAS-containing AFFF products in
their intended manner, without significant change in the products'
condition, the suit alleges.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
National Foam, Inc. is a manufacturer of foam concentrate, foam
proportioning systems, fixed and portable foam firefighting
equipment, with principal place of business located at 350 East
Union Street, West Chester, Pennsylvania.
Kidde Fire Fighting, Inc. is a manufacturer of fire safety products
based in Mebane, North Carolina.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Kidde-Fenwal, Inc. is a manufacturer of fire protection systems
based in Ashland, Massachusetts.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
UTC Fire & Security America's Inc. is a manufacturer of security
and fire control systems based in Bradenton, Florida.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with principal place of business at 1007 Market
Street, Wilmington, Delaware.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware. [BN]
The Plaintiff is represented by:
Jeremy C. Shafer, Esq.
BANNER LEGAL
445 Marine View Avenue, Suite 100
Del Mar, CA 92014
Telephone: (760) 479-5404
E-mail: jshafer@bannerlegal.com
- and –
S. James Boumil, Esq.
BOUMIL LAW OFFICES
120 Fairmount Street
Lowell, MA, 01852
Telephone: (978) 458-0507
E-mail: sjboumil@boumil-law.com
- and –
Konstantine Kyros, Esq.
KYROS LAW
17 Miles Rd.
Hingham, MA 02043
Telephone: (800) 934-2921
E-mail: kon@kyroslaw.com
AIRBNB INC: Apartments Contain Hidden Webcams, Cunningham Claims
----------------------------------------------------------------
SHAMONA ALEXANDRA CUNNINGHAM, individually and on behalf of all
others similarly situated, Plaintiff v. BRIAN MEDENWALDT and
AIRBNB, INC., Defendants, Case No. 1:21-cv-03391-WFK-VMS (E.D.N.Y.,
June 15, 2021) is a class action against the Defendants for
negligence, negligent infliction of emotional distress, reckless
infliction of emotional distress, intentional infliction of
emotional distress, and violation of the New York General Business
Law.
The case arises from the Defendants' failure to inform the
Plaintiff and all others similarly situated tenants that their
apartments contained any video or audio recording equipment. On
October 20, 2020, the Plaintiff used the Airbnb website to book
Medenwaldt's apartment. As per Airbnb policy and practice, no
written agreement exists directly between the Plaintiff and the
homeowners. Instead, the rental of the property was conducted
entirely through Airbnb. Thus, the booking and payment of the
property were made by the Plaintiff solely through the Airbnb
platform. At no time did Airbnb and Mr. Medenwaldt inform the
Plaintiff that a video "webcam" was installed in a room of
Medenwaldt's small studio apartment. As a result, the Plaintiff is
now suffering from severe depression and post-traumatic stress
disorder, the suit alleges.
Airbnb, Inc. is a hospitality company, with its principal place of
business located at 888 Brannan St., San Francisco, California.
[BN]
The Plaintiff is represented by:
Tyrone A. Blackburn, Esq.
1242 E. 80th Street, 3rd Floor
Brooklyn, NY 11236
Telephone: (347) 342-7432
ALE VIOLA: Roman Files ADA Suit in S.D. New York
------------------------------------------------
A class action lawsuit has been filed against Ale Viola, LLC. The
case is styled as Juan Roman, on behalf of himself and all other
persons similarly situated v. Ale Viola, LLC, Case No.
1:21-cv-05306 (S.D.N.Y., June 15, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Ale Viola, LLC doing business as Ippolita --
http://www.ippolita.com/-- is located in New York and is part of
the Jewelry Manufacturing Industry.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
GOTTLIEB & ASSOCIATES
150 E. 18th Street, Suite Phr
New York, NY 10003
Phone: (212) 228-9795
Email: michael@gottlieb.legal
ALTICE USA: Frashuer Files Suit in N.D. West Virginia
-----------------------------------------------------
A class action lawsuit has been filed against Altice USA, Inc. The
case is styled as Ed Frashuer, individually and on behalf of a
class of similarly situated persons v. Altice USA, Inc. doing
business as: Suddenlink Communications, Case No. 2:21-cv-00017-TSK
(N.D.W. Va., June 15, 2021).
The nature of suit is stated as Consumer Credit for Other
Contract.
Altice USA, Inc., commonly known as Altice --
https://www.alticeusa.com/ -- is an American cable television
provider with headquarters in New York City.[BN]
The Plaintiff is represented by:
Michael C. Nissim-Sabat, Esq.
MOUNTAIN STATE JUSTICE, INC.
1029 University Ave., Ste. 101
Morgantown, WV 26505
Phone: (304) 326-0188
Fax: (304) 326-0189
Email: michael@msjlaw.org
ATERIAN INC: Coon Files Suit Over Share Price Drop
---------------------------------------------------
Jeff Coon, individually and on behalf of all others similarly
situated, Plaintiff, v. Aterian, Inc., Yaniv Sarig and Fabrice
Hamaide, Defendants, Case No. 21-cv-03070, (S.D. N.Y., June 10,
2021), seeks to recover compensable damages caused by violations of
the federal securities laws and to pursue remedies under the
Securities Exchange Act of 1934.
Aterian is a technology-enabled consumer products platform that
builds, acquires and partners with e-commerce brands. It
predominantly operates through online retail channels such as
Amazon and Walmart.
Aterian allegedly failed to disclose that its organic growth is
plummeting, its recent, self-lauded acquisitions were overpayments
for flawed assets from questionable sources, that Aterian's
purported artificial intelligence software is a flawed product that
lacks customer interest, that Aterian uses rebate programs and paid
or artificial reviews to pump up their product offerings.
On this news, the price of Aterian stock fell from its May 3, 2021
close of $20.66 to a May 5, 2021 close of $15.72 per share, a
two-day drop of $4.94 per share or approximately 24%. Coon claims
to have acquired and held shares of Aterian at artificially
inflated prices and has been damaged by the revelation of material
misrepresentations and material omissions. [BN]
Plaintiff is represented by:
Peretz Bronstein, Esq.
BRONSTEIN, GEWIRTZ & GROSSMAN, LLC
60 East 42nd Street, Suite 4600
New York, NY 10165
Telephone: (212) 697-6484
Facsimile (212) 697-7296
Email: peretz@bgandg.com
- and -
Jeremy A. Lieberman, Esq.
J. Alexander Hood II, Esq.
Thomas H. Przybylowski, Esq.
POMERANTZ LLP
600 Third Avenue, 20th Floor
New York, NY 10016
Telephone: (212) 661-1100
Facsimile: (212) 661-8665
Email: jalieberman@pomlaw.com
tprzybylowski@pomlaw.com
ahood@pomlaw.com
AVIANNE GROUP: Roman Seeks Blind Consumers' Equal Access to Website
-------------------------------------------------------------------
JUAN ROMAN, on behalf of himself and all others similarly situated,
Plaintiff v. AVIANNE GROUP INC., Defendant, Case No.
1:21-cv-05274-JGK (S.D.N.Y., June 14, 2021) is a class action
against the Defendant for violations of the Americans with
Disabilities Act, the New York State Human Rights Law, and the New
York City Human Rights Law.
According to the complaint, the Defendant has failed to design,
construct, maintain, and operate its website to be fully accessible
to and independently usable by the Plaintiff and other blind or
visually-impaired persons. The Defendant's website,
https://www.avianneandco.com, allegedly contains access barriers
which hinder the Plaintiff and Class members to enjoy the benefits
of its online goods, content, and services offered to the general
public through the website. These access barriers include, but not
limited to: (a) lack of alternative text (alt-text), (b) empty
links that contain no text, (c) redundant links, and (d) linked
images missing alt-text.
The Plaintiff and Class members seek permanent injunction to cause
a change in the Defendant's corporate policies, practices, and
procedures so that the Defendant's website will become and remain
accessible to blind and visually-impaired individuals.
Avianne Group Inc. is a company that owns and operates jewelry
store, with its principal executive office located at 28 W. 47
Street, New York, New York. [BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Jeffrey M. Gottlieb, Esq.
Dana L. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES
150 East 18th Street, Suite PHR
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
E-mail: Michael@gottlieb.legal
Jeffrey@gottlieb.legal
Dana@gottlieb.legal
BILL ELDER: Court Closes Weikert Class Suit
-------------------------------------------
In the class action lawsuit captioned as Weikert et al. v. BILL
ELDER, Sheriff of El Paso County, Colorado, in his official
capacity, Case No. 1:20-cv-03646 (D. Colo.), the Hon Judge R.
Brooke Jackson entered an order that:
-- The Court requests that the Clerk of Court's office
administratively close this case;
-- The The Court requests a Dismissal Paper be filed by Oct. 5,
2021.
-- The motion to certify class is terminated.
The suit alleges violation of the Civil Rights Act.[CC]
BURPY INC: Angeles Slams Non-Blind Friendly Website
---------------------------------------------------
Jenisa Angeles, on behalf of himself and all others similarly
situated, Plaintiffs, v. Burpy, Inc., Defendant, Case No.
21-cv-05175, (S.D. N.Y., June 10, 2021), seeks preliminary and
permanent injunction, compensatory, statutory and punitive damages
and fines, prejudgment and post-judgment interest, costs and
expenses of this action together with reasonable attorneys' and
expert fees and such other and further relief under the Americans
with Disabilities Act, New York State Human Rights Law and New York
City Human Rights Law.
Burpy is a grocery delivery company that owns and operates
www.burpy.com, that allows consumers to access goods and services
on its site. Angeles is legally blind and claims that said website
cannot be accessed by the visually-impaired. [BN]
Plaintiff is represented by:
Mark Rozenberg, Esq.
STEIN SAKS, PLLC
285 Passaic Street
Hackensack, NJ 07601
Tel: (201) 282-6500
Fax: (201) 282-6501
Email: mrozenberg@steinsakslegal.com
C & A PIZZA: Allen Sues Over Unpaid Wages, Unreimbursed Expenses
----------------------------------------------------------------
MICHAEL ALLEN, individually and on behalf of all others similarly
situated, Plaintiff v. C & A PIZZA, INC. d/b/a "Domino's Pizza" and
JOHN E. RIDGE, Defendants, Case No. 7:21-cv-00109-FL (E.D.N.C.,
June 15, 2021) is a class action against the Defendants for
violations of the Fair Labor Standards Act and the North Carolina
Wage and Hour Act by failing to properly calculate and pay all
minimum and overtime wages and failing to reimburse business
expenses.
The Plaintiff has been employed by the Defendants as a delivery
driver at the Defendants' Domino's Pizza stores in North Carolina
since approximately March 2019.
C & A Pizza, Inc. is an operator of Domino's Pizza franchise stores
in North Carolina. [BN]
The Plaintiff is represented by:
Jacob J. Modla, Esq.
THE LAW OFFICES OF JASON E. TAYLOR P.C.
115 Elk Ave.
Rock Hill, SC 29730
Telephone: (803) 328-0898
E-mail: jmodla@jasonetaylor.com
CAPITAL ONE: Harper Suit Seeks Unpaid Overtime Wages
----------------------------------------------------
NiQuay Harper, individually and on behalf of all others similarly
situated, Plaintiff, v. Capital One Financial Corporation,
Defendant, Case No. 21-cv-00377 (E.D. Va., June 10, 2020), seeks to
recover compensation, liquidated damages and attorneys' fees and
costs pursuant to the provisions of the Fair Labor Standards Act of
1938 and Virginia common law.
Capital One is the eighth largest bank in the United States
providing its credit cards, auto loans, banking, and savings
accounts services throughout the country. Harper was employed by
Capital One as an hourly call-center employee in Richmond, Virginia
from approximately April 2015 until May of 2019. Harper claims to
be denied overtime for all hours worked in excess of forty hours
per workweek. [BN]
The Plaintiff is represented by:
Tim Schulte, Esq.
Blackwell N. Shelley, Jr., Esq.
SHELLEY CUPP SCHULTE, P.C.
3 West Cary Street
Richmond VA 23220
Tel: (804) 644-9700
Fax: (804) 278-9634
Email: schulte@scs-work.com
shelley@scs-work.com
- and -
Clif Alexander, Esq.
Austin W. Anderson, Esq.
ANDERSON2X, PLLC
819 N. Upper Broadway
Corpus Christi, TX 78401
Tel: (361) 452-1279
Fax: (361) 452-1284
Email: clif@a2xlaw.com
austin@a2xlaw.com
CHARTER COMMUNICATIONS: Harper Suit Seeks Class Certification
-------------------------------------------------------------
In the class action lawsuit captioned as LIONEL HARPER, DANIEL
SINCLAIR, HASSAN TURNER, LUIS VAZQUEZ, and PEDRO ABASCAL,
individually and on behalf of all others similarly situated and all
aggrieved employees, v. CHARTER COMMUNICATIONS, LLC, Case No.
2:19-cv-00902-WBS-DMC (E.D. Cal.), the Plaintiffs will move the
Court on July 26, 2021 to enter an order:
1. certifying an overarching "Outside Salesperson Class" and
appropriate subclasses under Federal Rules of Civil Procedure
23(a), (b)(3), and (c)(5), defining them as follows:
-- Outside Salesperson Class
"All persons who worked for Charter in California at any
time between November 19, 2014 and the date of the
certification order in a position that Charter classified
as "exempt" based on the outside salesperson exemption;"
-- Minimum and Overtime Wages Subclass
"All Outside Salesperson Class members who worked over 8
hours in a day or over 40 hours in a week during their
training weeks (Counts 1 and 2);"
-- Meal Period Subclass
"All Outside Salesperson Class members who worked over 5
hours at least one day during their training weeks but were
not provided a designated 30-minute off-duty meal period
(Count 3);"
-- Rest Break Subclass
"All Outside Salesperson Class members who worked over 3.5
hours at least one day during their training weeks but were
not provided a designated 10-minute off-duty rest break
(Count 4);"
-- Wage Statement Subclass
"All Outside Salesperson Class members who received at
least one wage statement covering a training week (Count
6);"
-- Termination Subclass
"All Outside Salesperson Class members whose employment has
terminated (Count 7);"
-- UCL Subclass
"All Outside Salesperson Class members who worked between
November 19, 2014 and November 18, 2015 (Count 9);" and
-- Arbitration Subclass
"All Outside Salesperson Class members who Charter contends
are bound by a JAMS and/or Solution Channel arbitration
agreement;"
2. certifying an overarching "Commissions Class" and
appropriate
subclasses under Rules 23(a), (b)(3), and (c)(5), and
defining them as follows:
-- Commissions Class
"All persons who worked for Charter in California at any
time between November 19, 2014 and the date of the
certification order in a position that was eligible to
earn commissions;"
-- Monthly Commission Period Subclass
"All Commissions Class members who were paid at least one
commission or commission allowance based on a monthly or
quarterly commission period (Count 5);"
-- Wage Statement Subclass
"All Commissions Class members who received a wage
statement that included a monthly or quarterly commission
or commission allowance payment (Count 6);"
-- Termination Subclass
"All Commissions Class members whose employment has
terminated" (Count 7);"
-- UCL Subclass
"All Commissions Class members who worked between November
19, 2014 and November 18, 2015 (Count 9);" and
-- Arbitration Subclass
"All Commissions Class members who Charter contends are
bound by a JAMS and/or Solution Channel arbitration
agreement;"
3. appointing the Plaintiffs as class representatives under
Rules 23(a) and (c)(1);
4. appointing Soderstrom Law PC as class counsel under Rules
23(a), (c)(1), and (g);
5. directing Charter to give prompt written notice to all class
members within 14 days of the date of the certification order
via mail, electronic means (e.g., email or text message) and
other appropriate means (e.g., website posting) under Rule
23(c)(2)(B), informing them of their rights and options; and
6. confirming the claims under the Private Attorneys General
Act, Cal. Labor Code section 2698 et seq. ("PAGA") (Count
10), will proceed in court on a representative basis.
According to the complaint, over 5,100 Salespersons have worked for
Charter in California since November 19, 2014, all of whom Charter
misclassified as "exempt" during their mandatory orientation and
training weeks."
A copy of the Plaintiffs'renewed motion for class certification
dated June 14, 2021 is available from PacerMonitor.com at
https://bit.ly/3gzdaCQ at no extra charge.[CC]
The Plaintiff is represented by:
Jamin S. Soderstrom, Esq.
jamin@soderstromlawfirm.com
SODERSTROM LAW PC
1 Park Plaza, Suite 300
Irvine, CA 92614
Telephone: (949) 667-4700
Facsimile: (949) 424-8091
CHICO PRODUCE: Miles Files Suit in Cal. Super. Ct.
--------------------------------------------------
A class action lawsuit has been filed against Chico Produce, Inc.,
et al. The case is styled as Ronald Allen Miles, on behalf of
himself and others similarly situated v. Chico Produce, Inc., Does
1-50, Case No. 34-2021-00301881-CU-OE-GDS (Cal. Super. Ct.,
Sacramento Cty., June 3, 2021).
The case type is stated as "Other Employment - Civil Unlimited".
Chico Produce, Inc. was founded in 1984. The company's line of
business includes the wholesale distribution of fresh fruits and
vegetables.[BN]
The Plaintiff is represented by:
Kelsey M. Szamet, Esq.
KINGLSEY & KINGSLEY
16133 Ventura Blvd., Ste. 1200
Encino, CA 91436
Phone: 818-990-8300
Fax: 818-990-2903
Email: kelsey@kingsleykingsley.com
COYUCHI INC: Nisbett Files ADA Suit in S.D. New York
----------------------------------------------------
A class action lawsuit has been filed against Coyuchi Inc. The case
is styled as Kareem Nisbett, individually and on behalf of all
other persons similarly situated v. Coyuchi Inc., Case No.
1:21-cv-05329 (S.D.N.Y., June 16, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Coyuchi -- https://www.coyuchi.com/ -- offers luxurious organic
cotton bedding, towels, sheets, duvet covers, sleepwear, and baby
wear.[BN]
The Plaintiff is represented by:
Christopher Howard Lowe, Esq.
LIPSKY LOWE LLP
420 Lexington Avenue, Suite 1830
New York, NY 10170-1830
Phone: (212) 764-7171
Email: chris@lipskylowe.com
DLP PROPERTY: Hatcher Suit Removed to E.D. Arkansas
---------------------------------------------------
The case styled as Lorraine Hatcher, on behalf of herself and all
others similarly situated v. DLP Property Management LLC doing
business as: Prosper Riverdale, Cheryl Craig, Karen Robertson, DLP
Real Estate Management LLC, Robert Peterson, Ebony Joshua, Case No.
60CV-21-02858 was removed from the Pulaski County Circuit Court, to
the U.S. District Court for the Eastern District of Arkansas on
June 16, 2021.
The District Court Clerk assigned Case No. 4:21-cv-00520-BRW to the
proceeding.
The nature of suit is stated as Other Contract.
DLP Real Estate Management --
https://www.dlprealestatemanagement.com/ -- evaluates, redevelops,
and manages a diverse range of multifamily communities, varying
from affordable to ultra-luxe.[BN]
The Plaintiff appears pro se:
Lorraine Hatcher
Post Office Box 21294
Little Rock, AR 72221
Phone: (501) 681-2402
Email: lorrainehatcher@yahoo.com
The Defendants are represented by:
Bria Blair Guthridge, Esq.
Michael Norris Shannon, Esq.
QUATTLEBAUM, GROOMS & TULL PLLC
111 Center Street, Suite 1900
Little Rock, AR 72201-3325
Phone: (501) 379-1752
Fax: (501) 379-3852
Email: bguthridge@qgtlaw.com
mshannon@qgtlaw.com
DOYLE & DOYLE: Roman Files ADA Suit in S.D. New York
----------------------------------------------------
A class action lawsuit has been filed against Doyle & Doyle
Ventures, Inc. The case is styled as Juan Roman, on behalf of
himself and all other persons similarly situated v. Doyle & Doyle
Ventures, Inc., Case No. 1:21-cv-05331-JMF (S.D.N.Y., June 16,
2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Doyle & Doyle -- https://doyledoyle.com/ -- offers hand-selected
collection of vintage and antique jewelry.[BN]
The Plaintiff is represented by:
Jeffrey Michael Gottlieb, Esq.
Michael A. LaBollita, Esq.
GOTTLIEB & ASSOCIATES
150 E. 18th Street, Suite Phr
New York, NY 10003
Phone: (212) 228-9795
Email: michael@gottlieb.legal
nyjg@aol.com
EASTMAN KODAK: McAdams Suit Moved From S.D.N.Y. to W.D.N.Y.
-----------------------------------------------------------
The case styled JIMMIE A. MCADAMS and JUDY P. MCADAMS, individually
and on behalf of all others similarly situated v. EASTMAN KODAK
COMPANY and JAMES V. CONTINENZA, Case No. 1:20-cv-06861, was
transferred from the U.S. District Court for the Southern District
of New York to the U.S. District Court for the Western District of
New York on June 15, 2021.
The Clerk of Court for the Western District of New York assigned
Case No. 6:21-cv-06449-EAW to the proceeding.
The case arises from the Defendants' alleged violations of Sections
10(b) and 20(a) of the Securities Exchange Act of 1934 by filing
materially false and misleading statements regarding Eastman Kodak
Company's business and operations to artificially increase publicly
traded securities of Kodak from July 27, 2020 through August 11,
2020.
Eastman Kodak Company is a photography company headquartered in
Rochester, New York. [BN]
The Plaintiffs are represented by:
Frederic S. Fox, Esq.
Donald R. Hall, Esq.
Jeffrey P. Campisi, Esq.
Pamela Mayer, Esq.
KAPLAN FOX & KILSHEIMER LLP
850 Third Avenue, 14th Floor
New York, NY 10022
Telephone: (212) 687-1980
Facsimile: (212) 687-7714
E-mail: ffox@kaplanfox.com
dhall@kaplanfox.com
jcampisi@kaplanfox.com
pmayer@kaplanfox.com
EBBETS FIELD: Blind Can't Access Website, Fischler Suit Alleges
---------------------------------------------------------------
BRIAN FISCHLER, individually and on behalf of all others similarly
situated, Plaintiff v. EBBETS FIELD FLANNELS, INC., D/B/A EBBETS
FIELD FLANNELS, Defendant, Case No. 1:21-cv-03371-FB-TAM (E.D.N.Y.,
June 15, 2021) is a class action against the Defendant for
violations of the Americans with Disabilities Act, the New York
State Human Rights Law, and the New York City Human Rights Law.
According to the complaint, the Defendant has failed to design,
construct, maintain, and operate its website to be fully accessible
to and independently usable by the Plaintiff and other blind or
visually-impaired persons. The Defendant's website, www.ebbets.com,
allegedly contains access barriers which hinder the Plaintiff and
Class members to enjoy the benefits of its online goods, content,
and services offered to the general public through the website.
These access barriers include, but not limited to: (a) images are
not properly labeled, (b) documents do not have a title, (c) tables
are not properly labeled with row and column headers, (d) links use
general text like "here" or "read more" with no surrounding text
explaining the link purpose, (e) frames do not have a title, (f)
form controls have no labels or the label is blank, (g) webpages
have duplicate IDs which cause problems with screen readers, (h)
webpages have markup errors, (i) form field labels are not unique
on a page or enclosed in a fieldset with a legend that makes the
label unique, and (j) at least 20 headings are empty.
The Plaintiff and Class members seek permanent injunction to cause
a change in the Defendant's corporate policies, practices, and
procedures so that the Defendant's website will become and remain
accessible to blind and visually-impaired individuals.
Ebbets Field Flannels, Inc., doing business as Ebbets Field
Flannels, is an online retailer of sports apparel, headquartered in
Seattle, Washington. [BN]
The Plaintiff is represented by:
Douglas B. Lipsky, Esq.
LIPSKY LOWE LLP
420 Lexington Avenue, Suite 1830
New York, NY 10017-6705
Telephone: (212) 392-4772
E-mail: doug@lipskylowe.com
ELECTROLUX HOME: Obertman Seeks to Certify Two Classes
------------------------------------------------------
In the class action lawsuit captioned as FELIX OBERTMAN,
individually and on behalf of all others similarly situated, v.
ELECTROLUX HOME PRODUCTS, INC., Case No. 2:19-cv-02487-KJM-AC (E.D.
Cal.), the Plaintiff will move the Court October 8, 2021, to enter
an order certifying the following putative classes:
-- California Class
"All persons in California who purchased an Electrolux
Dehumidifier bearing model number FFAD3033R1, FFAD5033R1, or
FFAD7033R1 for personal, family, or household use from
December 12, 2015 through the present;" and
-- Multi-State Implied Warranty Class
"All persons who purchased an Electrolux Dehumidifier bearing
model number FFAD3033R1, FFAD5033R1, or FFAD7033R1 for
personal, family or household use: (1) in Alaska, Arkansas,
California, Colorado, D.C., Hawaii, Indiana, Maine, Maryland,
Massachusetts, Minnesota, Mississippi, Nebraska, New
Hampshire, New Jersey, New Mexico, North Dakota, Oklahoma,
Pennsylvania, South Dakota, Virginia, West Virginia, and
Wyoming who purchased from December 12, 2015 through the
present; or (2) in Colorado who purchased from December 12,
2016 through the present."
Excluded from each proposed class are persons who already
received a refund from Electrolux or a retailer.
Plaintiff Obertman also asks the Court to appoint him as class
representative and appoint Bursor & Fisher, P.A. as class counsel.
Electrolux Home manufactures and distributes electrical appliances.
The Company offers refrigerators, dishwashers, washing machines,
vacuum cleaners, cookers, air-conditioners, and microwave ovens.
Electrolux Home serves customers worldwide.
A copy of the Plaintiff's motion to certify class dated June 15,
2021 is available from PacerMonitor.com at https://bit.ly/3zGNmfd
at no extra charge.[CC]
The Plaintiff is represented by:
L. Timothy Fisher, Esq.
Joel D. Smith, Esq.
Alec M. Leslie, Esq.
BURSOR & FISHER, P.A.
1990 North California Boulevard, Suite 940
Walnut Creek, CA 94596
Telephone: (925) 300-4455
Facsimile: (925) 407-2700
E-Mail: ltfisher@bursor.com
jsmith@bursor.com
aleslie@bursor.com
EVERSIDE HEALTH: Horton Files Suit in Cal. Super. Ct.
-----------------------------------------------------
A class action lawsuit has been filed against Everside Health, LLC.
The case is styled as Stacie Horton, on behalf of all others
similarly situated, and on behalf of the general public v. Everside
Health, LLC, Case No. BCV-21-101366 (Cal. Super. Ct., Kern Cty.,
June 16, 2021).
The case type is stated as "Other Employment - Civil Unlimited."
Everside Health -- https://www.eversidehealth.com/ -- offers
complete primary care at health centers located at or near your
work, close to your home—or even virtually.[BN]
The Plaintiff is represented by:
Jessica L. Campbell, Esq.
AEGIS LAW FIRM
9811 Irvine Center Dr., Ste. 100
Irvine, CA 92618
Phone: 949-379-6250
EXPRESS FASHION: Court Certifies Class & Subclasses in Chacon Suit
------------------------------------------------------------------
In the class action lawsuit captioned as JORGE CHACON v. EXPRESS
FASHION OPERATIONS LLC, ET AL., Case No. 8:19-cv-00564-JLS-DFM
(C.D. Cal.), the Hon. Judge Josephine L. Staton entered an order:
1. granting the plaintiff's motion for class certification; and
2. denying the defendant's motion to strike.
3. appointing the Plaintiff Jorge Chacon as the Class
Representative;
4. appointing Capstone Law APC and Jackson Law, APC as Class
Counsel;
5. directing the parties to meet and confer and to submit an
agreed-upon form of class notice that will advise class
members of, among other things, the damages sought and their
rights to intervene, opt out, submit comments, and contact
class counsel. The parties shall also jointly submit a plan
for the dissemination of the proposed notice. The parties
must work together to generate a class list to be used in
disseminating class notice, and they must work together to
create a notice that satisfies Rule 23. The proposed notice
and plan of dissemination, as well as a proposed order
granting approval, shall be filed with the Court on or before
August 13, 2021.
The following Class and Subclasses are certified under Rule 23(a)
and 23(b)(3):
1. Class: All individuals employed by Defendant in California
as
non-exempt, hourly paid employees who worked at any time from
January 29, 2015 through the date of class certification
("Class Period"), and who did not execute a Dispute
Resolution Agreement, and the following subclasses:
a. On Duty Meal Break Subclass: All Class Members who worked
as a store manager, co-manager, full-time sales leader,
part time sales leader, key holder, associate manager, and
assistant manager and worked at least one on-duty meal
period;
b. Meal Break Waiver Subclass: All Class Members who worked
atleast one shift of five to six hours;
c. Meal Break Premium Subclass: All Class Members who worked
at least one shift of more than six hours;
d. Rest Break Premium Subclass: All Class Members who worked
at least one shift of more than 3.5 hours during the Class
Period (excluding the time between April 30, 2016 through
January 1, 2017);
e. Regular Rate Subclass: All Class Members who earned a
non-
discretionary bonus or incentive payment covering the same
work period during which the employee received overtime
wages, meal period premiums, or rest period premiums from
January 31, 2015 to December 31, 2018;
f. Waiting Time Subclass: All Class Members who worked at
least one shift of more than 3.5 hours from January 31,
2016 to the date of class certification; and
g. Derivative Claims Subclass: Plaintiff's Complaint also
includes claims pursuant to Labor Code sections 204, 226,
510, 1174(d), 1194, 1197, 1197.1, 1198, and Business &
Professions Code section 17200, et seq.
The Court concludes that Plaintiff satisfies the typicality
requirement, and that Plaintiff and his counsel will fairly and
adequately protect the interests of the class.
The Defendant Express Fashion is an Ohio corporation that operates
more than 600 retail apparel stores in the United States and Puerto
Rico, including approximately 142 stores in California during the
relevant time period. Express has employed more than 13,000
non-exempt, hourly employees in California since January 29, 2015;
of these employees, more than 9,800 signed a Dispute Resolution
Agreement (DRA), which includes a class action waiver. Express also
employs Sales Leadership Team (SLT) employees in leadership roles
including store manager, co-manager, sales leader, key holder,
associate manager, and assistant manager.
The Plaintiff Jorge Chacon was employed by Express from 2003 to
2004. Chacon returned to Express in April 2008 through May 2016 as
a co-manager in Express's Main Place store.
A copy of the Court's order dated June 14, 2021 is available from
PacerMonitor.com at https://bit.ly/3gyT23G at no extra charge.[CC]
FEDEX GROUND: Cuadra Seeks to Certify Class Action
--------------------------------------------------
In the class action lawsuit captioned as ERNEST CUADRA on behalf of
himself and others similarly situated, v. FEDEX GROUND PACKAGE
SYSTEM, INC., et al., Case No. 2:20-cv-10719-JFW-SK (C.D. Cal.),
the Plaintiff will move the Court on August 16, 2021 for an order
certifying the action as a class action pursuant to the Federal
Rules of Civil Procedure 23(a) and 23(b)(3).
The plaintiff class consists of the following:
1. Unpaid Security Screening Class:
a. Pre-September 29, 2019 Security Class: "All hourly non-
exempt employees, excluding delivery or driver employees,
employed by FedEx Ground Package System, Inc. at any
facility that had a Security Screening process any time
between March 6, 2019 and September 28, 2019."
b. Post-September 28, 2019 Security Class: "All hourly non-
exempt employees, excluding delivery or driver employees,
employed by FedEx Ground Package System, Inc. at any
facility that had a Security Screening process any time
between September 29, 2019, through the date of
certification."
2. Meal Class:
a. Impeded or Discouraged Meal class: "All hourly non-exempt
employees, excluding delivery or driver employees,
employed by FedEx Ground Package System, Inc. at any
facility that had a Security Screening process any time
between March 6, 2019, through the date of certification
that worked any shift of over 6 work hours and their time
record reflects a meal break."
b. Short Meal Class "All hourly non-exempt employees,
excluding delivery or driver employees, employed by FedEx
Ground Package System, Inc. at any facility that had a
Security Screening process any time between March 6, 2019,
through the date of certification that worked any shift of
over 6 work hours and their time record reflects a meal
break of 31-minutes or less."
3. Rest Class:
a. Impeded or Discouraged Rest Class: "All hourly non-exempt
employees, excluding delivery or driver employees,
employed by FedEx Ground Package System, Inc. at any
facility that had a Security Screening process any time
between March 6, 2019, through the date of certification
that worked any shift of over 3.5 work hours."
b. Short Rest Class: "All hourly non-exempt employees,
excluding delivery or driver employees, employed by FedEx
Ground Package System, Inc. at any facility that had a
Security Screening process any time between March 6, 2019,
through the date of certification that worked any shift of
over 3.5 work hours."
4. Wage Statement Class:
a. Pre-September 29, 2019 Wage Statement Class: "All hourly
non-exempt employees, excluding delivery or driver
employees, employed by FedEx Ground Package System, Inc.
at any facility that had a Security Screening process any
time between March 6, 2019 and September 28, 2019."
b. Post-September 28, 2019 Wage Statement Class "All hourly
non-exempt employees, excluding delivery or driver
employees, employed by FedEx Ground Package System, Inc.
at any facility that had a Security Screening process any
time between September 29, 2019, through the date of
certification."
5. Final Wage Class:
a. Pre-September 29, 2019 Final Wage Class: "All former
hourly non-exempt employees employed by FedEx Ground
Package System, Inc. at any facility that had a Security
Screening process any time between March 6, 2019 and
September 28, 2019."
b. Post-September 28, 2019, Final Wage Class: "All former
hourly non-exempt employees employed by FedEx Ground
Package System, Inc. at any facility that had a Security
Screening process any time between September 29, 2019,
through the date of certification."
The Plaintiff asks that the Court appoint him as Class
Representative. He also requests that the Court appoint their
counsel, Joseph Lavi and Jordan D. Bello of Lavi & Ebrahimian, LLP
as Class Counsel.
A copy of the Plaintiff's motion dated June 15, 2021 is available
from PacerMonitor.com at https://bit.ly/3zHnDUc at no extra
charge.[CC]
The Plaintiff is represented by:
Joseph Lavi, Esq.
Jordan D. Bello, Esq.
LAVI & EBRAHIMIAN, LLP
8889 W. Olympic Blvd., Suite 200
Beverly Hills, CA 90211
Telephone: (310) 432-0000
Facsimile: (310) 432-0001
E-mail: jlavi@lelawfirm.com
jbello@lelawfirm.com
FORD MOTOR CREDIT: Badere Files TCPA Suit in C.D. California
------------------------------------------------------------
A class action lawsuit has been filed against Ford Motor Credit
Company LLC, et al. The case is styled as Philippe Badere,
individually and on behalf of all others similarly situated v. Ford
Motor Credit Company LLC, Does 1 through 10, inclusive, and each of
them, Case No. 2:21-cv-04882 (C.D. Cal., June 16, 2021).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Ford Motor Credit Company LLC, d/b/a Ford Credit --
https://www.ford.com/finance -- is the financial services arm of
Ford Motor Company, and is headquartered in Dearborn,
Michigan.[BN]
The Plaintiff is represented by:
Todd M. Friedman, Esq.
LAW OFFICES OF TODD M. FRIEDMAN PC
21550 Oxnard St., Suite 780
Woodland Hills, CA 91367
Phone: (323) 306-4234
Fax: (866) 633-0228
Email: tfriedman@toddflaw.com
FORSTER & GARBUS: Stoessel Files FDCPA Suit in S.D. New York
------------------------------------------------------------
A class action lawsuit has been filed against Forster & Garbus,
LLP, et al. The case is styled as Chana Stoessel, individually and
on behalf of all others similarly situated v. Forster & Garbus,
LLP, Portfolio Recovery Associates, LLC, John Does 1-25, Case No.
7:21-cv-04961-CS (S.D.N.Y., June 4, 2021).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
Forster & Garbus LLP -- https://payfgny.com/ -- provides legal
services. The Company specializes in collecting debts.[BN]
The Plaintiff is represented by:
Eliyahu R. Babad, Esq.
STEIN SAKS, PLLC
285 Passaic Street
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: ebabad@steinsakslegal.com
GARRETT BRANDS: Conner Seeks Equal Website Access for Blind Users
-----------------------------------------------------------------
MARY CONNER, individually and on behalf of all others similarly
situated, Plaintiff v. GARRETT BRANDS LLC, Defendant, Case No.
1:21-cv-03375-AMD-PK (E.D.N.Y., June 15, 2021) is a class action
against the Defendant for violations of the Americans with
Disabilities Act, the New York State Human Rights Law, and the New
York City Human Rights Law.
According to the complaint, the Defendant has failed to design,
construct, maintain, and operate its website to be fully accessible
to and independently usable by the Plaintiff and other blind or
visually-impaired persons. The Defendant's website,
Garrettpopcorn.com, allegedly contains access barriers which hinder
the Plaintiff and Class members to enjoy the benefits of its online
goods, content, and services offered to the general public through
the website. These access barriers include, but not limited to: (a)
lack of alt-text on graphics, (b) inaccessible drop-down menus, (c)
lack of navigation links, (d) lack of adequate prompting and
labeling, (e) denial of keyboard access, (f) empty links that
contain no text, (g) redundant links where adjacent links go to the
same uniform resource locator (URL) address, and (h) the
requirement that transactions be performed solely with a mouse.
The Plaintiff and Class members seek permanent injunction to cause
a change in the Defendant's corporate policies, practices, and
procedures so that the Defendant's website will become and remain
accessible to blind and visually-impaired individuals.
Garrett Brands LLC is a company that provides food products based
in Chicago, Illinois. [BN]
The Plaintiff is represented by:
Dan Shaked, Esq.
SHAKED LAW GROUP, P.C.
14 Harwood Court, Suite 415
Scarsdale, NY 10583
Telephone: (917) 373-9128
E-mail: ShakedLawGroup@Gmail.com
GH DELIVERY: Underpays Food Delivery Drivers, Calderon Suit Says
----------------------------------------------------------------
JOSE FERNANDO CALDERON CHAPARRO and EDGAR ROSALES CABALLERO,
individually and on behalf of all others similarly situated,
Plaintiffs v. GH DELIVERY LLC (D/B/A G&H FOOD DELIVERY SERVICE),
HECTOR GONZALEZ LAZO, DANIEL HERNANDEZ DAVILA and JOSE LECIEL
OLIVARES GONZALEZ, Defendants, Case No. 1:21-cv-03335 (E.D.N.Y.,
June 14, 2021) is a class action against the Defendants for
violations of the Fair Labor Standards Act and the New York Labor
Law including failure to pay minimum wages, failure to pay
overtime, failure to pay spread of hours premium, failure to
maintain accurate records, failure to provide accurate wage
statements, failure to reimburse business expenses, unlawful tip
deductions, unlawful wage deductions, and failure to pay wages on a
timely basis.
Plaintiffs Calderon and Rosales were employed as delivery drivers
and merchandise packer at the food delivery service located at 566
Hamilton Avenue, Brooklyn, New York from August 18, 2019 until
April 16, 2021 and from February 2014 until March 2020,
respectively.
GH Delivery LLC, doing business as G&H Food Delivery Service, is an
owner and operator of a food delivery service located at 566
Hamilton Avenue, Brooklyn, New York. [BN]
The Plaintiffs are represented by:
Michael Faillace, Esq.
MICHAEL FAILLACE & ASSOCIATES, P.C.
60 East 42nd Street, Suite 4510
New York, NY 10165
Telephone: (212) 317-1200
Facsimile: (212) 317-1620
E-mail: faillace@employmentcompliance.com
GLOBAL WIDE: Jones Files TCPA Suit in E.D. Kentucky
---------------------------------------------------
A class action lawsuit has been filed against Global Wide Media,
Inc. The case is styled as Stanley Jones, individually and on
behalf of all others similarly situated v. Global Wide Media, Inc.,
Case No. 3:21-cv-00025-GFVT (E.D. Ky., June 15, 2021).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
GlobalWide Media (GWM) -- https://globalwidemedia.com/ -- is a
leader in data-driven digital marketing, provides premium media
solutions for the world's leading brands and agencies.[BN]
The Plaintiff is represented by:
Larry D. Ashlock, Esq.
MORGAN & MORGAN, KENTUCKY PLLC - Lex
333 W. Vine Street, Suite 1200
Lexington, KY 40507
Phone: (270) 360-0470
Fax: (270) 982-3809
Email: Larry@AshlockLawGroup.com
GOLDEN SPECIALTY: Faces Salas Wage-and-Hour Suit in California
--------------------------------------------------------------
ALFREDO SALAS, on behalf of himself and all others similarly
situated, Plaintiff v. GOLDEN SPECIALTY FOODS, LLC and DOES 1
through 20, inclusive, Defendants, Case No. 21NWCV00377 (Cal.
Super., Los Angeles Cty., June 14, 2021) is a class action against
the Defendants for violations of the Private Attorneys General Act
by failing to pay all meal period wages and rest break wages,
failing to properly calculate and pay all minimum and overtime
wages, failing to provide accurate wage statements, failing to pay
all wages due and owing during employment and upon termination of
employment, and failing to reimburse all necessary business
expenses.
Mr. Salas has worked for the Defendant as a non-exempt employee
from September 12, 2020 through the present.
Golden Specialty Foods, LLC is a food producer based in Norwalk,
California. [BN]
The Plaintiff is represented by:
Douglas Han, Esq.
Shunt Tatavos-Gharajeh, Esq.
Chancellor D. Nobles, Esq.
JUSTICE LAW CORPORATION
751 N. Fair Oaks Avenue, Suite 101
Pasadena, CA 91103
Telephone: (818) 230-7502
Facsimile: (818) 230-7259
GOOGLE LLC: Valencia Class Suit Moved From N.D. Ala. to N.D. Cal.
-----------------------------------------------------------------
The case styled MARIA VALENCIA-TORRES, on behalf of herself and all
others similarly situated v. GOOGLE, LLC and GOOGLE PAYMENT CORP.,
Case No. 2:20-cv-01651, was transferred from the U.S. District
Court for the Northern District of Alabama to the U.S. District
Court for the Northern District of California on June 14, 2021.
The Clerk of Court for the Northern District of California assigned
Case No. 5:21-cv-04556-EJD to the proceeding.
The Plaintiff brings this action against the Defendants to recover
money lost to illegal gambling through in-app purchases from the
Google Play Store pursuant to Section 8-1-150(a) of the Code of
Alabama, 1975.
Google, LLC is an American multinational technology company that
specializes in Internet-related services and products, with its
principal place of business in Mountain View, California.
Google Payment Corp. is a wholly-owned subsidiary of Google LLC,
with its principal place of business in Mountain View, California.
[BN]
The Plaintiff is represented by:
D. Frank Davis, Esq.
John E. Norris, Esq.
Wesley W. Barnett, Esq.
Dargan M. Ware, Esq.
DAVIS & NORRIS, LLP
2154 Highland Avenue South
Birmingham, AL 35205
Telephone: (205) 930-9900
Facsimile: (205) 930-9989
E-mail: fdavis@davisnorris.com
jnorris@davisnorris.com
wbarnett@davisnorris.com
dware@davisnorris.com
GREEN MECHANICAL: Deboda Sues Over Unpaid Wages for Installers
--------------------------------------------------------------
JUNIVER DEBODA, individually and on behalf of all others similarly
situated, Plaintiff v. GREEN MECHANICAL CONTRACTORS and DOES 1
through 25, Defendant, Case No. 37-2021-00025873-CU-OE-CTL (Cal.
Super., San Diego Cty., June 14, 2021) is a class action against
the Defendant for violations of the California Labor Code and the
California Business and Professions Code including failure to pay
overtime and other wages, failure to provide accurate wage
statements, retaliation, failure to pay wages upon termination, and
unfair business practices.
The Plaintiff started to work for the Defendant as an installer in
San Diego, California October 10, 2006. He was promoted to project
manager in 2012 until his termination on April 14, 2021.
Green Mechanical Contractors is a mechanical contractor in
Escondido, California. [BN]
The Plaintiff is represented by:
Josh D. Gruenberg, Esq.
Pamela Vallero, Esq.
GRUENBERG LAW
2155 First Avenue
San Diego, CA 92101-3542
Telephone: (619) 230-1234
Facsimile: (619) 230-1074
HAN-BAE CORP: Francisco Seeks Overtime Pay, Slams Tip Credit
------------------------------------------------------------
Servando Francisco, individually and on behalf of others similarly
situated, Plaintiff, v. Han-Bae Corp. and John Hong, Defendants,
Case No. 21-cv-05165 (S.D. N.Y., June 10, 2021), seeks to recover
unpaid minimum and overtime wages and spread-of-hours pay pursuant
to the Fair Labor Standards Act of 1938 and New York Labor Law,
including applicable liquidated damages, interest, attorneys' fees
and costs.
Defendants own, operate, or control a dry cleaner in New York under
the name "Royale Cleaners," where Francisco was employed as a
delivery worker and laborer. He claims to have generally worked in
excess of 40 hours a week without overtime pay for hours worked in
excess of 40 hours per workweek and denied spread-of-hours premium
for workdays exceeding 10 hours. Defendants claimed tip credit for
all hours worked despite requiring him to work non-tipped duties
for hours exceeding 20% of the total hours worked each workweek.
Plaintiff also claims to have never received wage statements. [BN]
Plaintiff is represented by:
Michael Faillace, Esq.
MICHAEL FAILLACE & ASSOCIATES, P.C.
60 East 42nd Street, Suite 4510
New York, NY 10165
Tel: (212) 317-1200
Facsimile: (212) 317-1620
Email: michael@faillacelaw.com
HANKEY INVESTMENT: Castellanos Sues Over Failure to Pay All Wages
-----------------------------------------------------------------
Michael Castellanos, an individual, on behalf of himself and all
other Aggrieved Employees v. HANKEY INVESTMENT COMPANY, LP; NOWCOM,
LLC; MIDWAY RENT A CAR, INC.; KNIGHT MANAGEMENT COMPANY, INC.; HFC
ACCEPTANCE, LLC; DON HANKEY, an individual; and DOES 1 through 100,
inclusive, Case No. 21STCV21050 (Cal. Super. Ct., June 4, 2021), is
brought against the Defendants for violations of the California
Labor Code by failing to pay the Plaintiff all wages that they are
entitled.
The Plaintiff regularly worked in excess of 8, and in excess of 12,
hours in a workday and/or 40 hours in a workweek. The Defendants
routinely required the Plaintiff and the other Aggrieved Employees
to perform work tasks before and/or after their scheduled shifts,
and/or during off-the-clock meal breaks, and/or during rest breaks.
As a consequence, the Defendants willfully failed to pay the
Plaintiff and the other Aggrieved Employees all of the wages to
which they were entitled, says the complaint.
The Plaintiff was hired by the Defendants as Senior Corporate
Recruiter on or about August 2019.
HANKEY INVESTMENT COMPANY, LP is a Limited Partnership licensed to
do business and actually doing business in the State of
California.[BN]
The Plaintiff is represented by:
Haig B. Kazandjian, Esq.
Cathy Gonzalez, Esq.
Kevin Crough, Esq.
HAIG B. KAZANDJIAN LAWYERS, APC
801 North Brand Boulevard, Suite 970
Glendale, CA 91203
Phone: 1-818-696-2306
Facsimile: 1-818-696-2307
Email: haig@hbklawyers.com
cathy@hbklawyers.com
kevin@hbklawyers.com
HERFF JONES: Furcinito, Barnicle Sue Over Credit Card Fraud
-----------------------------------------------------------
Elizabeth Furcinito and Miriam Barnicle, on behalf of themselves
and all others similarly situated, Plaintiffs, v. Herff Jones, LLC,
Defendant, Case No. 21-cv-01661 (S.D. Ind., June 11, 2021), seeks
all monetary and non-monetary relief allowed by law, including
restitution of all profits stemming from unfair, unlawful and
fraudulent business practices, declaratory and injunctive relief,
reasonable attorneys' fees and costs under the New York Deceptive
Practices Act of the New York General Business Law and the
Wisconsin Deceptive Trade Practices Act.
Herff Jones manufactures and sells educational recognition and
achievement products and motivational materials with production
facilities across the United States and Canada.
Barnicle, a resident of Milwaukee, Wisconsin, used her Discover
credit card to make a purchase with Herff Jones for approximately
$8.39 to pay for the shipping costs associated with the cap and
gown for her graduation from Alverno College. Following her
purchase with Herff Jones, seven fraudulent charges totaling
approximately $112 were made on her card.
Furcinito, a resident of New York, used her Apple credit card to
make a purchase with Herff Jones in the amount of $8.59 to pay for
the shipping costs associated with her cap and gown for her
graduation from Syracuse University. Following her purchase with
Herff Jones, an unauthorized fraudulent charge at a Best Buy store
located in El Paso, Texas was made in the amount of $2,995.99.
[BN]
Plaintiff is represented by:
Irwin B. Levin, Esq.
Richard E. Shevitz, Esq.
COHEN & MALAD, LLP
One Indiana Square, Suite 1400
Indianapolis, IN 46204
Tel: (317) 636-6481
Email: ilevin@cohenandmalad.com
rshevitz@cohenandmalad.com
- and -
Robert Ahdoot, Esq.
AHDOOT & WOLFSON, PC
2600 W. Olive Ave., Suite 500
Burbank, CA 91505
Tel: (310) 474-9111
Fax: (310) 474-8585
Email: rahdoot@ahdootwolfson.com
- and -
Andrew W. Ferich, Esq.
AHDOOT & WOLFSON, PC
201 King of Prussia Road, Suite 650
Radnor, PA 19087
Tel: (310) 474-9111
Fax: (310) 474-8585
Email: aferich@ahdootwolfson.com
HOFGUR LLC: Schoengood Appeals ADA Suit Dismissal to 2nd Cir.
-------------------------------------------------------------
Plaintiffs Bryan Schoengood, et al., filed an appeal from the
District Court's Memorandum and Order dated May 12, 2021, entered
in the lawsuit entitled Bryan Schoengood, Annetta King Simpson,
Willie Roland, individually and on behalf of others similarly
situated v. Hofgur LLC, doing business as: Queens Adult Care
Center, Gefen Senior Care Group, Case No. 20-cv-2022, in the U.S.
District Court for the Eastern District of New York (Brooklyn).
On May 4, 2020, Plaintiffs Bryan Schoengood, Annetta King Simpson,
and Willie Rolland, on behalf of themselves and those similarly
situated, commenced this action against Defendants Hofgur, LLC
d/b/a Queens Adult Care Center and Gefen Senior Care Group, seeking
declaratory and injunctive relief pursuant to Title III of the
Americans with Disabilities Act and Section 504 of the
Rehabilitation Act. The Plaintiffs allege that Defendants have
permitted "substandard conditions in an assisted living facility
that primarily houses disabled individuals with physical or mental
impairment[s]" during the COVID-19 pandemic.
The Plaintiffs are seeking a review of an order entered by Judge
Kiyo A. Matsumoto, granting Defendants' motion to dismiss the
case.
The appellate case is captioned as Schoengood v. Hofgur LLC, Case
No. 21-1456, in the United States Court of Appeals for the Second
Circuit, filed on June 10, 2021.[BN]
Plaintiffs-Appellants Bryan Schoengood, Annetta King Simpson, and
Willie Roland, Individually and on behalf of all others similarly
situated, DBA Queens Adult Care Center, are represented by:
Alan Fuchsberg, Esq.
THE JACOB D. FUCHSBERG LAW FIRM LLP
3 Park Avenue
New York, NY 10016
Telephone: (212) 869-3500
Telephone: a.fuchsberg@fuchsberg.com
Defendants-Appellees Hofgur LLC and Gefen Senior Care Group are
represented by:
Philip Evan Rosenberg, Esq.
NIXON PEABODY LLP
677 Broadway
Albany, NY 12207
Telephone: (518) 427-2709
HUNGRY PANDA: Weng FLSA Suit Seeks Collective Action Status
-----------------------------------------------------------
In the class action lawsuit captioned as QIANG WENG, on his own
behalf and on behalf of others similarly situated, v. HUNGRYPANDA
USA INC. d/b/a HUNGRY PANDA; JIAWEI SUN, and KELU LIU, Case No.
1:19-cv-11882-KPF (S.D.N.Y.), the Plaintiff asks the Court to enter
an order:
1. granting collective action status, under the Fair Labor
Standards Act (FLSA), 29 U.S.C. section 216(b);
2. ordering the Defendants within 14 days of the entry of this
Order to produce an Excel spreadsheet containing first and
last name, last known address with apartment number (if
applicable), the last known telephone numbers, last known e-
mail addresses, WhatsApp, WeChat ID and/or FaceBook usernames
(if applicable), and work location, dates of employment and
position of ALL current and former non-exempt and non-
managerial employees employed at any time from December 29,
2016 (three years prior to the filing of the Complaint) to
the date when the Court so-orders the Notice of Pendency and
Consent to Join Form or the date when Defendants provide the
name list, whichever is later;
3. authorizing that notice of this matter be disseminated, in
any relevant language via mail, email, text message, website
or social media messages, chats, or posts, to all members of
the putative class within 21 days after receipt of a complete
and accurate Excel spreadsheet with affidavit from Defendants
certifying that the list is complete and from existing
employment records;
4. authorizing an opt-in period of 90 days from the day of
dissemination of the notice and its translation;
5. authorizing the Plaintiff to publish the full opt-in notice
on Plaintiffs' counsel's website;
6. authorizing the publication of a short form of the notice may
also be published to social media groups specifically
targeting the English, Chinese-speaking American immigrant
worker community;
7. directing the Defendants to post the approved Proposed Notice
in all relevant languages, ina a conspicuous and unobstructed
locations likely to be seen by all currently employed members
of the collective, and the notice shall remain posted
throughout the opt-in period, at the workplace;
8. directing the Plaintiffs to publish the Notice of Pendency,
in an abbreviated form to be approved by the Court, at the
Defendants' expense by social media and by publication in
newspaper should Defendants fail to furnish a complete Excel
list or more than 20% of the Notice be returned as
undeliverable with no forwarding address to be published in
English, and English, Chinese; and
9. equitable tolling on the statute of limitation on this suit
be tolled for 90 days until the expiration of the Opt-in
Period.
A copy of the Plaintiff's motion to certify class dated June 15,
2021 is available from PacerMonitor.com at https://bit.ly/3zABhIt
at no extra charge.[CC]
The Attorney for the Plaintiff, proposed FLSA Collective and
potential Rule 23 Class, are:
John Troy, Esq.
TROY LAW, PLLC
41-25 Kissena Boulevard Suite 103
Flushing, NY 11355
Telephone: (718) 762-1324
HYUNDAI MOTOR: Buettner Files Suit in C.D. California
-----------------------------------------------------
A class action lawsuit has been filed against Hyundai Motor
America, Inc., et al. The case is styled as Robert Buettner, on
behalf of himself and all others similarly situated v. Hyundai
Motor America, Inc., Hyundai Motor Company, Kia America, Inc., Kia
Corporation, Case No. 8:21-cv-01057 (C.D. Cal., June 15, 2021).
The nature of suit is stated as Motor Vehicle Product Liability.
Hyundai Motor America -- https://www.hyundaiusa.com/us/en --
manufactures and retails automobiles.[BN]
The Plaintiff is represented by:
Matthew J. Preusch, Esq.
KELLER ROHRBACK LAW OFFICE
801 Garden Street Suite 301
Santa Barbara, CA 93101
Phone: (805) 456-1496
Fax: (805) 456-1497
Email: mpreusch@kellerrohrback.com
INHABIT.IO INC: Olsen Files ADA Suit in E.D. New York
-----------------------------------------------------
A class action lawsuit has been filed against Inhabit.io, Inc. The
case is styled as Thomas J. Olsen, individually and on behalf of
all other persons similarly situated v. Inhabit.io, Inc. doing
business as: Move, Case No. 1:21-cv-05325 (E.D.N.Y., June 16,
2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Inhabit.io, Inc. -- http://www.shopmove.co/-- operates as an
online retailer of grocery products.[BN]
The Plaintiff is represented by:
Christopher Howard Lowe, Esq.
LIPSKY LOWE LLP
420 Lexington Avenue, Suite 1830
New York, NY 10170-1830
Phone: (212) 764-7171
Email: chris@lipskylowe.com
INTELENET AMERICA: Pickett FLSA Suit Moved From E.D. Pa. to D.N.J.
------------------------------------------------------------------
The case styled ANJELICA PICKETT, TAYLOR FETT and MINDY CHURCH,
individually and on behalf of all others similarly situated v.
INTELENET AMERICA LLC, Case No. 2:19-cv-04574, was transferred from
the U.S. District Court for the Eastern District of Pennsylvania to
the U.S. District Court for the District of New Jersey on June 14,
2021.
The Clerk of Court for the District of New Jersey assigned Case No.
2:21-cv-12506 to the proceeding.
The case arises from the Defendant's alleged violations of the Fair
Labor Standards Act by failing to compensate the Plaintiffs and all
others similarly situated customer service representatives overtime
pay and straight-time wages for all hours worked.
Intelenet America LLC is a call center company with a principal
office at 1001 28th Street South, Fargo, North Dakota. [BN]
The Plaintiffs are represented by:
Jason T. Brown, Esq.
Nicholas Conlon, Esq.
BROWN, LLC
111 Town Square Place, Suite 400
Jersey City, NJ 07310
Telephone: (877) 561-0000
E-mail: jtb@jtblawgroup.com
nicholasconlon@jtblawgroup.com
- and –
Jason J. Thompson, Esq.
Rod M. Johnston, Esq.
SOMMERS SCHWARTZ, P.C.
One Towne Square, 17th Floor
Southfield, MI 48076
Telephone: (248) 355-0300
E-mail: jthompson@sommerspc.com
rjohnston@sommerspc.com
INTERSTATE GROUP: Smith Sues Over Unpaid OT for Welders/Fabricators
-------------------------------------------------------------------
TRACE SMITH, individually and on behalf of all others similarly
situated, Plaintiff v. INTERSTATE GROUP, LLC, Defendant, Case No.
3:21-cv-00802 (D. Conn., June 14, 2021) is a class action against
the Defendant for violations of the Fair Labor Standards Act and
the Arkansas Minimum Wage Act by failing to compensate the
Plaintiff and all others similarly situated workers overtime pay
for all hours worked in excess of 40 hours in a workweek.
The Plaintiff worked as a welder/fabricator in Conway, Arkansas
from December of 2020 until May of 2021.
Interstate Group, LLC is a company that manufactures and sells
trailers based in Arkansas. [BN]
The Plaintiff is represented by:
Sean Short, Esq.
Josh Sanford, Esq.
SANFORD LAW FIRM, PLLC
Kirkpatrick Plaza
10800 Financial Centre Pkwy, Suite 510
Little Rock, AR 72211
Telephone: (501) 221-0088
Facsimile: (888) 787-2040
E-mail: sean@sanfordlawfirm.com
josh@sanfordlawfirm.com
J.J. MARSHALL: Seeks June 23 Extension to File Class Cert. Response
-------------------------------------------------------------------
In the class action lawsuit captioned as JACARA MONIQUE GARTRELL,
on behalf of Herself and all others similarly situated, v. J.J.
MARSHALL & ASSOCIATES, INC., Case No. 3:19-cv-00442-TJC-JBT (M.D.
Fla.), the Defendant files an unopposed motion for extension of
time to respond to plaintiff's renewed motion for class
certification.
This action involves allegations the Defendant violated the Florida
Consumer Collection Practice Act (FCCPA) and Fair Debt Collection
Practices Act (FDCPA).
On May 26, 2021, the Plaintiff filed her Renewed Motion for Class
Certification. The Response is currently due Wednesday, June 16,
2021. Through the instant Motion, the Defendant seeks an extension
of 7-days to file its Response to Plaintiff's Renewed Motion for
Class Certification until on or before Wednesday, June 23, 2021.
J.J. Marshall provides recovery of account receivables and debt
collection services.
A copy of the Defendant's motion dated June 15, 2021 is available
from PacerMonitor.com at https://bit.ly/3cUOxOJ at no extra
charge.[CC]
The Defendant is represented by:
Dale T. Golden, Esq.
GOLDEN SCAZ GAGAIN, PLLC
1135 Marbella Plaza Drive
Tampa, FL 33619
Telephone: (813) 251-5500
Facsimile: (813) 251-3632
E-mail: dgolden@gsgfirm.com
J.R. SIMPLOT: Dutra Labor Suit Removed to E.D. California
---------------------------------------------------------
The case styled DENNIS TONY DUTRA, on behalf of himself and all
others similarly situated v. J.R. SIMPLOT COMPANY and DOES 1
through 50, inclusive, Case No. STK-CV-UOE-2021-0002402, was
removed from the Superior Court of the State of California for the
County of San Joaquin to the U.S. District Court for the Eastern
District of California on June 14, 2021.
The Clerk of Court for the Eastern District of California assigned
Case No. 2:21-at-00541 to the proceeding.
The case arises from the Defendant's alleged violations of the
California Labor Code and the California Business and Professions
Code including failure to pay minimum wages, failure to pay
overtime, failure to provide meal periods, failure to provide rest
periods, failure to timely pay wages during employment, failure to
timely pay wages at separation, failure to comply with itemized
employee wage statement provisions, and unfair competition.
J.R. Simplot Company is a food company headquartered in Boise,
Idaho. [BN]
The Defendant is represented by:
Michael J. Nader, Esq.
Rabia Z. Reed, Esq.
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
500 Capitol Mall, Suite 2500
Sacramento, CA 95814
Telephone: (916) 840-3150
Facsimile: (916) 840-3159
E-mail: michael.nader@ogletree.com
rabia.reed@ogletree.com
JACOB & COMPANY: Roman Files ADA Suit in S.D. New York
------------------------------------------------------
A class action lawsuit has been filed against Jacob & Company
Watches, Inc. The case is styled as Juan Roman, on behalf of
himself and all other persons similarly situated v. Jacob & Company
Watches, Inc., Case No. 1:21-cv-05308 (S.D.N.Y., June 15, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Jacob & Co., sometimes referred to as "Jacob And Co" or "Jacob And
Company" -- https://www.jacobandco.com/ -- is a privately held
jewelry and wristwatch retailer, founded in 1986 by diamond
designer Jacob Arabo.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
GOTTLIEB & ASSOCIATES
150 E. 18th Street, Suite Phr
New York, NY 10003
Phone: (212) 228-9795
Email: michael@gottlieb.legal
JENNIFER MILLER: Roman Files ADA Suit in S.D. New York
------------------------------------------------------
A class action lawsuit has been filed against Jennifer Miller Ltd.
The case is styled as Juan Roman, on behalf of himself and all
other persons similarly situated v. Jennifer Miller Ltd., Case No.
1:21-cv-05309-MKV (S.D.N.Y., June 15, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Jennifer Miller -- https://jennifermillerjewelry.com/ -- offers an
eclectic collection of fine and faux statement jewelry, often worn
by celebrities.[BN]
The Plaintiff is represented by:
Jeffrey Michael Gottlieb, Esq.
Michael A. LaBollita, Esq.
GOTTLIEB & ASSOCIATES
150 E. 18th Street, Suite Phr
New York, NY 10003
Phone: (212) 228-9795
Email: michael@gottlieb.legal
nyjg@aol.com
JOHN BALDWIN: Davis Wins Bid for Class Certification
----------------------------------------------------
In the class action lawsuit captioned as HENRY DAVIS, et al., v.
JOHN BALDWIN, Case No. 3:16-cv-00600-MAB (S.D. Ill.), the Hon Judge
Mark A. Beatty entered an order:
1. granting in part and denying in part the Defendant's first
motion to supplement;
-- It is granted as to the new case law but denied as to the
IDOC Administrative Directive and updated restrictive
housing data.
2. granting the Defendant's second motion to supplement;
3. granting the Plaintiffs' motion for class certification
-- The following class is certified pursuant to Federal Rule
of Civil Procedure 23(b)(2):
"All prisoners who are now or will be incarcerated in
adult
correctional facilities by the Illinois Department of
Corrections and thus who are at risk of being subjected to
extreme isolation or who are currently subjected to
extreme isolation;"
4. appointing Winston & Strawn, LLP and the Uptown People's Law
Center as counsel to the class;
5. directing the Clerk of Court to substitute Rob Jeffreys, in
his official capacity, for John Baldwin as the Defendant in
this case; and
6. directing the Clerk of Court to strike the memorandum in
support of the Plaintiffs' motion for class certification;
The Court said, "The injunctive relief sought by the Plaintiffs
would address the IDOC's policies and practices regarding
restrictive housing and prescribe a standard of conduct applicable
to all class members. Thus, the Court finds that the requirements
of Rule 23(b)(2) are satisfied."
The Plaintiffs are six inmates who have been housed in segregation
at various facilities throughout the Illinois Department of
Corrections (IDOC). They filed this two-count putative class action
alleging that the IDOC's use of segregation, which they claim is
tantamount to "extreme isolation," violates constitutional
standards. The Defendant is John Baldwin, who was the acting
director of the IDOC at the time this lawsuit was filed on June 2,
2016.
A copy of the Court's memorandum and order dated June 14, 2021 is
available from PacerMonitor.com at https://bit.ly/3cNFgb3 at no
extra charge.[CC]
KENNETH BRAITHWAITE: Springs, et al. Seek to Certify Class
----------------------------------------------------------
In the class action lawsuit captioned as KENNETH SPRINGS et al., v.
KENNETH BRAITHWAITE et al., Case No. 1:20-cv-03244-RDM (D.D.C.),
the Plaintiffs ask rthe Court for an Order certifying the class,
appointing them as the class representatives, and appointing their
attorneys as class counsel.
The class consists of all persons who are:
(1) veterans of the United States Navy or Marine Corps who were
separated up to six years prior to the filing of this
complaint on November 10, 2020 by the Secretary after being
found unfit for continued military service by the Physical
Evaluation Board;
(2) who were found by the Physical Evaluation Board to have at
least one Category II unfitting condition whose rating the
Navy failed to include when calculating DoD combined
disability ratings; and accordingly,
(3) who were denied military benefits on account of the Navy's
failure to include the VA's assigned disability rating for
the veterans' Category II conditions when calculating the
veterans' DoD combined disability ratings.
A copy of the Plaintiff's motion to certify class dated June 15,
2021 is available from PacerMonitor.com at https://bit.ly/35xSMeN
at no extra charge.[CC]
The Plaintiffs are represented by:
Christina Sarchio, Esq.
Peter Larson, Esq.
DECHERT LLP
1900 K Street NW
Washington, DC 20006
- and -
Brittany Zoll, Esq.
Cira Centre
2929 Arch Street
Philadelphia, PA 19104
- and -
Danielle Gentin Stock, Esq.
Jenna Newmark, Esq.
Three Bryant Park
1095 Avenue of the Americas
New York, NY 10036
- and -
Phillip Garber, Esq.
1 Bush Street No. 1600
San Francisco, CA 94104
- and -
Bart Stichman, Esq.
Rochelle Bobroff, Esq.
Esther Leibfarth, Esq.
David Sonenshine, Esq.
National Veterans Legal Services Program
1600 K Street, NW, Suite 500
Washington, DC 20006-2833
KROGER COMPANY: Response to Class Status Bid Extended to July 8
---------------------------------------------------------------
In the class action lawsuit captioned as Kibler v. The Kroger
Company, et al., Case No. 1:21-cv-00509 (D. Colo.), the Hon Judge
Philip A. Brimmer entered an order granting motion for extension of
time to file response/reply.
The Defendants shall file their response to First Motion to
Certify Class Supervisors on or before July 8, 2021, says Judge
Brimmer.
The suit alleges violation of the Fair Labor Standards Act.
The Kroger Company, or simply Kroger, is an American retail company
founded by Bernard Kroger in 1883 in Cincinnati, Ohio. It is the
United States' largest supermarket by revenue, and the
second-largest general retailer. Kroger is the fourth largest
American-owned private employer in the United States.[CC]
L.C. WILLARD ROOFING: Mejia Sues Over Unpaid Overtime Wages
-----------------------------------------------------------
Jose D. Mejia, an individual and similarly situated employees v.
LEON C. WILLARD, individually & doing business as L. C. WILLARD
ROOFING; and DOES 1 through 20, inclusive; Case No. 21STCV20776
(Cal. Super. Ct., Los Angeles Cty., June 3, 2021), seeks payment of
overtime wages and other compensation owed to him.
The complaint alleges that the Plaintiff typically worked in excess
of 40 hours a week and alleges that that he was not paid the
overtime hours he had accrued. The Plaintiff alleges that he was
forced to skip or take untimely meal breaks during his shifts and
further alleges that he was not paid premium compensation for
missed or untimely meal breaks. The Plaintiff alleges that he was
not afforded to take any rest breaks during his shifts and further
alleges that he was not paid premium compensation for missed rest
breaks. The Plaintiff adds that his wage statements did not reflect
sick leave nor was Plaintiff ever afforded sick leave.
The Plaintiff was employed the Defendants as a roof installer for
33 years, through April 2020.
LEON C. WILLARD, is an individual who is doing business as L. C.
WILLARD ROOFING, a roofing installation company.[BN]
The Plaintiff is represented by:
Sarkis Sirmabekian, Esq.
SIRMABEKIAN LAW FIRM, PC
3435 Wilshire Blvd., Suite 1710
Los Angeles, CA 90010
Phone: 818.473.5003
Facsimile: 818.476.5619
Email: contact@slawla.com
LIFEVANTAGE CORP: Smith Suit Seeks to Certify Class of Purchasers
-----------------------------------------------------------------
In the class action lawsuit captioned as BRIAN SMITH, individually,
MICHAEL ILARDO, individually, and on behalf of all others similarly
situated, v. LIFEVANTAGE CORPORATION, a corporation; and DARREN
JENSEN, an individual, Case No. 2:18-cv-00621-DBB-JCB (D. Utah),
the Plaintiffs ask the Court to enter an order:
1. certifying a class of:
"All purchasers of the LifeVantage "business opportunity"
during the Class Period;"
Excluded from the Class are all persons named as a Defendant
(or a spouse of a Defendant or a related entity of a
Defendant) and any purchaser who has not experienced a
financial loss as a result of their LifeVantage Distributor
enrollment; and
2. appointing their counsel as lead and Class counsel pursuant
to Fed. R. Civ. P. 23(g).
The Plaintiffs Brian Smith and Michael Ilardo seek to represent a
class of more than 157,000 individuals who invested money to become
a LifeVantage distributor. The Defendants LifeVantage, and their
now former CEO, Darren Jensen operate(d) a pyramid scheme under the
guise of a multi-level marketing ("MLM") company. The "business
opportunity" offered by LifeVantage to the putative Class depended
on a fundamental untruth -- "the concealment [from its victims] of
the inevitable collapse that results from the scheme's structure."
The Plaintiffs have identified individuals presented with an offer
to invest in a security, the complicated "Compensation Plan" which
promised them the opportunity to make money from selling
"Protandim" and other LifeVantage product. What the new Distributor
could not know at signup is that the only way to offset the cost of
the "starter pack" and monthly product is to recruit other
Distributors "downline" in the pyramid to buy their own product and
recruit others downstream in turn.
A copy of the Plaintiffs' motion to certify class dated June 15,
2021 is available from PacerMonitor.com at https://bit.ly/35CbbqO
at no extra charge.[CC]
The Plaintiffs are represented by:
Andrew Kochanowski, Esq.
SOMMERS SCHWARTZ, P.C.
One Towne Square, Suite 1700
Southfield, MI 48076
Telephone: (248) 355-0300
E-mail: akochanowski@sommerspc.com
- and -
Matthew John Prebeg, Esq.
Stephen W. Abbott, Esq.
Christopher M. Faucett, Esq.
Brent T. Caldwell, Esq.
Emil Thomas Bayko, Esq.
BAYKO PREBEG FAUCETT & ABBOTT, PLLC
8441 Gulf Freeway No. 307
Houston, TX 77017
Telephone: (832) 742-9260
E-mail: mprebeg@bpfalawfirm.com
sabbott@pfalawfirm.com
cfaucett@bpfalawfirm.com
bcaldwell@bpfalawfirm.com
tbayko@bpfalawfirm.com
- and -
Amy Marino, Esq.
MARINO LAW PLLC
18977 W. Ten Mile Rd. Ste. 100E
Southfield, MI 48075
Telephone: (248) 797-9944
E-mail: amy@marinopllc.com
- and -
Steven A. Christensen, Esq.
Cameron Christensen, Esq.
CHRISTENSEN YOUNG & ASSOCIATES
9980 South 300 West, Suite 200
Sandy, UT 84080
Telephone: (866) 676-6447
E-mail: steven@christensenyounglaw.com
cameron@christensenyounglaw.com
LINKUS ENTERPRISES: Martinez FLSA Class Suit Removed to D. Nevada
-----------------------------------------------------------------
The case styled SALVADOR MARTINEZ, individually and on behalf of
all others similarly situated v. LINKUS ENTERPRISES LLC, DOES 1
through 50, inclusive, Case No. A-21-834198-C, was removed from the
Eighth Judicial District Court of Clark County, Nevada, to the U.S.
District Court for the District of Nevada on June 14, 2021.
The Clerk of Court for the District of Nevada assigned Case No.
2:21-cv-01119-RFB-EJY to the proceeding.
The case arises from the Defendant's alleged violation of the Fair
Labor Standards Act.
LinkUs Enterprises LLC is a full service low-voltage integration
firm based in California. [BN]
The Defendant is represented by:
Kristen T. Gallagher, Esq.
Daniel I. Aquino, Esq.
McDONALD CARANO LLP
2300 West Sahara Avenue, Suite 1200
Las Vegas, NV 89102
Telephone: (702) 873-4100
E-mail: kgallagher@mcdonaldcarano.com
daquino@mcdonaldcarano.com
LOUIS TAMIS: Roman Files ADA Suit in S.D. New York
--------------------------------------------------
A class action lawsuit has been filed against Louis Tamis & Sons,
Inc. The case is styled as Juan Roman, on behalf of himself and all
other persons similarly situated v. Louis Tamis & Sons, Inc., Case
No. 1:21-cv-05332 (S.D.N.Y., June 16, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Louis Tamis & Sons -- http://www.louistamis.com/-- is a jewelry
store in New York City, New York.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
GOTTLIEB & ASSOCIATES
150 E. 18th Street, Suite Phr
New York, NY 10003
Phone: (212) 228-9795
Email: michael@gottlieb.legal
MALLINCKRODT PLC: Steamfitters Local 420 Files Suit in D. Delaware
------------------------------------------------------------------
A class action lawsuit has been filed against Mallinckrodt PLC. The
case is styled as Steamfitters Local Union No. 420, individually
and on behalf of all others similarly situated v. Mallinckrodt PLC,
Case No. 21-50482-JTD (D. Del., June 4, 2021).
The nature of suit is stated as Dischargeability - false pretenses,
false representation, actual fraud, willful and malicious injury.
Mallinckrodt Pharmaceuticals -- https://www.mallinckrodt.com/ -- is
an American-Irish domiciled manufacturer of specialty
pharmaceuticals, generic drugs and imaging agents.[BN]
The Plaintiff is represented by:
Daniel K. Astin, Esq.
CIARDI, CIARDI & ASTIN
2650 Camino Del Rio N., Ste. 205
1204 N. King Street
Wilmington, DE 19801
Email: dastin@ciardilaw.com
The Defendant appears pro se.
MARKEL AMERICAN: MSPA 'Medicare' Suit Seeks Class Certification
---------------------------------------------------------------
In the class action lawsuit captioned as MSPA CLAIMS 1, LLC, et
al., v. MARKEL AMERICAN INSURANCE COMPANY, et al., Case No.
1:20-cv-24063-AMC (S.D. Fla.), the Plaintiffs ask the Court to
enter an order granting motion for class certification.
"All Medicare Advantage Plans and downstream actors (or their
assignees) that have borne the cost of a conditional payment in
providing benefits under Medicare Part C, in the United States
of America and its territories, who made payments for a
Medicare
Enrollee’s medical expenses where Defendant:
(1) is the primary payer by virtue of having settled a claim
with a Medicare Advantage Plan Enrollee;
(2) settled a dispute to pay for medical expenses with a
Medicare Advantage Plan Enrollee; and
(3) failed to reimburse Medicare Advantage Plans and downstream
actors (or their assignees) for their conditional payments
upon settling with a Medicare Enrollee.
This class definition excludes (a) Defendant, its officers,
directors, management, employees, subsidiaries, and affiliates;
and (b) any judges or justices involved in this action and any
members of their immediate families.
The Defendants, Markel American Insurance Company, and Markel
Insurance Company, are primary insurers that issue commercial line
auto and general liability policies. By virtue of those policies,
the Defendants are made primary payers by the MSP Act and are
responsible to either pay the medical expenses of Medicare
beneficiaries before Medicare Advantage Organization class members
pay anything or, if the putative class members pay first for any
reason, Defendants must reimburse them.
A copy of the Plaintiff's motion to certify class dated June 15,
2021 is available from PacerMonitor.com at https://bit.ly/2Uk73cN
at no extra charge.[CC]
The Plaintiff is represented by:
Francesco Zincone, Esq.
ARMAS BERTRAN PIERI
4960 S.W. 72nd Avenue
Miami, FL 33155
Telephone: (305) 461-5100
E-Mail: fzincone@armaslaw.com
- and -
John H. Ruiz, Esq.
Frank C. Quesada, Esq.
Shayna K. Hudson, Esq.
MSP RECOVERY LAW FIRM
2701 Le Jeune Road, 10th Floor
Coral Gables, FL 33134
Telephone: (305) 614-2222
Facsimile: (866) 582-0907
E-mail: jruiz@msprecoverylawfirm.com
serve@msprecoverylawfirm.com
fquesada@msprecoverylawfirm.com
shudson@msprecoverylawfirm.com
MASTER BUILDERS: D'Aquin Suit Seeks to Certify Class of Employees
-----------------------------------------------------------------
In the class action lawsuit captioned as KEVIN D'AQUIN and DESTIN
ANDRAS, individually and on behalf of those similarly situated, v.
MASTER BUILDERS & CONTRACTORS, LLC, RICHARD J. MITHUN, ELAINE
PIRIE, and ADRIAN FACIO, Case No. :21-cv-00126-CJB-KWR (E.D. La.),
the Plaintiffs ask the Court to enter an order granting conditional
certification and equitable tolling related to the following class
of putative Plaintiffs:
"All employees who are or were performing construction work
and/or manual labor for Master Builders and Contractors, LLC,
Richard J. Mithun, Elaine Pirie, or Adrian Facio at any point
from three years prior to the date of filing this Complaint to
the present (January 21, 2018 to present), and who were subject
to the pay practices of Master Builders and Contractors, LLC,
Richard J. Mithun, Elaine Pirie, or Adrian Facio during that
time."
A copy of the Plaintiffs' motion to certify class dated June 15,
2021 is available from PacerMonitor.com at https://bit.ly/35BaDBC
at no extra charge.[CC]
The Plaintiffs are represented by:
Kenneth C. Bordes, Esq.
ATTORNEY AT LAW, LLC
4224 CANAL ST.
NEW ORLEANS, LA 70119
Telephone: (504) 588-2700
Facsimile: (504) 708-1717
E-mail: kcb@kennethbordes.com
MEDNAX INC: Nielsen Consumer Suit Moved From D.S.C. to S.D. Fla.
----------------------------------------------------------------
The case styled BROOKE NIELSEN, GERALD LEE, and CHAYA CLARK,
individually and on behalf of all others similarly situated v.
MEDNAX, INC., MEDNAX SERVICES, INC., PEDIATRIX MEDICAL GROUP, and
AMERICAN ANESTHESIOLOGY, INC., Case No. 4:21-cv-00500, was
transferred from the U.S. District Court for the District of South
Carolina to the U.S. District Court for the Southern District of
Florida on June 14, 2021.
The Clerk of Court for the Southern District of Florida assigned
Case No. 0:21-cv-61233-RAR to the proceeding.
The case arises from the Defendants' alleged negligence, negligence
per se, unjust enrichment, breach of contract, breach of implied
contract, breach of confidence, breach of implied covenant of good
faith and fair dealing, and violations of the South Carolina Unfair
Trade Practices Act and the Virginia Consumer Protection Act by
failing to properly safeguard and protect the personal and medical
information of the Plaintiffs and Class members following a data
breach.
Mednax, Inc. is an American physician-led national medical group,
headquartered in Sunrise, Florida.
Mednax Services, Inc. is a provider of physician services,
headquartered in Sunrise, Florida.
Pediatrix Medical Group is a company that offers accredited
continuing education resources for physicians and advanced practice
providers across a variety of specialties, headquartered in
Sunrise, Florida.
American Anesthesiology, Inc. is a company that provides services
to the anesthesia practices based in Sunrise, Florida. [BN]
The Plaintiffs are represented by:
Kenneth E. Berger, Esq.
Elizabeth M. Dalzell, Esq.
THE LAW OFFICE OF KENNETH BERGER, LLC
5205 Forest Drive, Suite 2
Columbia, SC 29206
Telephone: (803) 790-2800
E-mail: kberger@bergerlawsc.com
edalzell@bergerlawsc.com
MEDNAX SERVICES: Larsen Suit Transferred to S.D. Florida
--------------------------------------------------------
The case styled as Joseph Larsen, on behalf of all others similarly
situated and as parent/legal guardian and on behalf of A.L v.
Mednax Services Incorporated, Case No. 2:21-cv-00522, was
transferred from the U.S. District Court for the District of
Arizona, to the U.S. District Court for the Southern District of
Florida on June 16, 2021.
The District Court Clerk assigned Case No. 0:21-cv-61255-RAR to the
proceeding.
The nature of suit is stated as Other P.I.
MEDNAX Services, Inc. -- http://www.mednax.com/-- provides
physician services. The Company offers neonatology, maternal-fetal
medicine, and anesthesiology, as well as provides pediatric,
cardiology, intensive care, emergency medicine, surgery, urology,
and hospital services.[BN]
The Plaintiff is represented by:
Elaine A. Ryan, Esq.
Carrie A. Laliberte, Esq.
BONNETT FAIRBOURN FRIEDMAN & BALINT, PC
2325 E Camelback Rd., Suite 300
Phoenix, AZ 85016
Phone: (602) 274-1100
Email: eryan@bffb.com
claliberte@bffb.com
- and -
Patricia Nicole Syverson, Esq.
BONNETT FAIRBOURN FRIEDMAN & BALINT, PC
600 West Broadway, Suite 900
San Diego, CA 92101
Phone: (619) 798-4593
Email: psyverson@bffb.com
The Defendant is represented by:
Margaret F. Dean, Esq.
CAMPBELL LAW GROUP OF ARIZONA PLLC
1951 W Camelback Rd., Ste. 200
Phoenix, AZ 85015
Phone: (602) 322-1609
Email: mdean@cycn-phx.com
MIDLAND CREDIT: Gulley Files FDCPA Suit in N.D. Georgia
-------------------------------------------------------
A class action lawsuit has been filed Midland Credit Management,
Inc., et al. The case is styled as Victoria Gulley also known as:
Harris, individually and on behalf of all others similarly situated
v. Midland Credit Management, Inc., Midland Funding LLC, John Does
1-25, Case No. 1:21-cv-02468-LMM-AJB (N.D. Ga., June 16, 2021).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
Midland Credit Management, Inc. -- https://www.midlandcredit.com/
-- is a specialty finance company providing debt recovery solutions
for consumers across a broad range of assets.[BN]
The Plaintiff is represented by:
Misty Oaks Paxton, Esq.
THE OAKS FIRM
3895 Brookgreen Pt.
Decatur, GA 30034
Phone: (404) 500-7861
Email: attyoaks@yahoo.com
MIDLAND FUNDING: Nettles Files Certiorari Petition in FDCPA Suit
----------------------------------------------------------------
Plaintiff ASHLEY NETTLES filed with the Supreme Court of United
States a petition for a writ of certiorari in the matter styled
Ashley Nettles, Petitioner vs. Midland Funding LLC, et al.,
Respondent, Case No. 20-1673.
Response is due on July 2, 2021.
Ms. Nettles petitions for a writ of certiorari to review the
judgment of the United States Court of Appeals for the Seventh
Circuit in the case titled ASHLEY NETTLES, Plaintiff-Appellee v.
MIDLAND FUNDING LLC, and MIDLAND CREDIT MANAGEMENT, INC.,
Defendants-Appellants, Case No. 19-3327.
The questions presented are: 1) Whether it is sufficient for
standing simply to allege a violation of the procedural rights
created by the Fair Debt Collection Practices Act, as six circuits
have held, or must a plaintiff also always allege an additional
injury beyond such a violation, as five circuits (including the
Seventh in this case) have held? 2) If some additional injury is
required for standing under the Act, is it sufficient to allege
mental distress or lost time dealing with a violation of the Act,
as the Fourth, Eleventh, and D.C. Circuits have held, or is
something more than mental distress or lost time required, as the
Seventh (in this case) and Ninth Circuits have held?
As previously reported in the Class Action Reporter, Ashley Nettles
brings this proposed class action against Defendants Midland
Funding LLC and Midland Credit Management, Inc., alleging that they
violated the Fair Debt Collection Practices Act when they failed to
properly credit the payments she had made, and when they tried to
collect a larger amount of money than she actually owed.
Midland Funding and Midland Credit moved to compel arbitration,
arguing that Nettles' claim is subject to a valid and enforceable
arbitration agreement that exists between Plaintiff and
Defendants.
The Defendants argue that Nettles' FDCPA claim is subject to the
arbitration provision in the Credit Card Agreement, which also
allegedly bars Nettles from bringing a class action (that is, it
limits account holders to individual-only claims. To compel
arbitration, the Defendants must show: (1) an agreement to
arbitrate (2) a dispute within the scope of the arbitration
provision and (3) refusal by Nettles to proceed to arbitration. The
Court denied the Defendants' motion to compel arbitration, without
prejudice.
The petition squarely presents both issues. The lower court held
that Ms. Nettles had not alleged any harm beyond a mere violation
of the Act. And it so held because it found her allegations of
additional harm did not qualify as harm under its precedent.[BN]
Plaintiff-Appellant-Petitioner ASHLEY NETTLES is represented by:
Gene Clayton Schaerr, Esq.
SCHAERR | JAFFE LLP
1717 K Street NW, Suite 900
Washington, DC 20006
Telephone: (202) 787-1060
E-mail: gschaerr@schaerr-jaffe.com
MONICA VINADER: Roman Files ADA Suit in S.D. New York
-----------------------------------------------------
A class action lawsuit has been filed against Monica Vinader Inc.
The case is styled as Juan Roman, on behalf of himself and all
other persons similarly situated v. Monica Vinader Inc., Case No.
1:21-cv-05310 (S.D.N.Y., June 15, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Monica Vinader -- https://www.monicavinader.com/ -- is a British
jewellery brand selling necklaces, pendants, earrings, rings and
friendship bracelets.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
GOTTLIEB & ASSOCIATES
150 E. 18th Street, Suite Phr
New York, NY 10003
Phone: (212) 228-9795
Email: michael@gottlieb.legal
MONSANTO COMPANY: Seeks to Stay Class Cert. Related Proceedings
---------------------------------------------------------------
In the class action lawsuit captioned as SCOTT GILMORE, et al., v.
MONSANTO COMPANY, Case No. 1:20-cv-01085-MN (D. Del.), the Parties
ask the Court to enter an order issuing a stay of all pending or
future state and federal proceedings asserting Released Claims and
to enjoin Settlement Class Members from initiating, maintaining, or
participating in such proceedings until the Court conducts a final
fairness hearing and determines whether to grant final approval of
the proposed settlement.
The Monsanto Company was an American agrochemical and agricultural
biotechnology corporation founded in 1901 and headquartered in
Creve Coeur, Missouri. Monsanto's best known product is Roundup, a
glyphosate-based herbicide, developed in the 1970s.
A copy of the Parties motion dated June 14, 2021 is available from
PacerMonitor.com at https://bit.ly/3wDH7Hs at no extra charge.[CC]
The Plaintiff is represented by:
William J. Rhodunda, Jr., Esq.
Chandra J. Williams, Esq.
RHODUNDA WILLIAMS & KONDRASCHOW
Brandywine Plaza West
1521 Concord Pike, Suite 205
Wilmington, DE 19803
E-mail: Bill@rawlaw.com
Chandra@rawlaw.com
- and -
Gillian L. Wade, Esq.
Marc A. Castaneda, Esq.
Sara D. Avila, Esq.
MILSTEIN, JACKSON,
FAIRCHILD & WADE, LLP
10990 Wilshire Boulevard, 8th Floor
Los Angeles, CA 90024
Telephone: (310) 396-9600
Facsimile: (310) 396-9635
E-mail: gwade@mjfwlaw.com
mcastaneda@mjfwlaw.com
savila@mjfwlaw.com
The Defendant is represented by:
Kelly E. Farnan, Esq.
RICHARDS, LAYTON & FINGER, P.A.
One Rodney Square
920 N. King Street
Wilmington, DE 19801
Telephone: (302) 651-7700
E-mail: farnan@rlf.com
- and -
John J. Rosenthal, Esq.
Jeff Wilkerson, Esq.
WINSTON & STRAWN LLP
1901 L Street, NW
Washington, DC 20036
Telephone: (202) 282-5785
E-mail: jrosenthal@winston.com
jwilkerson@winston.com
MORTGAGE SOLUTIONS: Bontrager Files TCPA Suit in C.D. California
----------------------------------------------------------------
A class action lawsuit has been filed against Mortgage Solutions
FCS Inc., et al. The case is styled as Nicholas Bontrager,
individually and on behalf of all others similarly situated v.
Mortgage Solutions FCS Inc., Does 1 through 10, inclusive, and each
of them, Case No. 2:21-cv-04855 (C.D. Cal., June 15, 2021).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Mortgage Solutions FCS, a corporation, also doing business as Mount
Diablo Lending -- https://mtdiablolending.com/ -- is a national
lender that strives to bring the lowest rates to market.[BN]
The Plaintiff is represented by:
Todd M. Friedman, Esq.
LAW OFFICES OF TODD M. FRIEDMAN PC
21550 Oxnard St., Suite 780
Woodland Hills, CA 91367
Phone: (323) 306-4234
Fax: (866) 633-0228
Email: tfriedman@toddflaw.com
MOUGIS LOGISTICS: Alfonso Sues Over Delivery Drivers' Unpaid Wages
------------------------------------------------------------------
DONALD ALFONSO, individually and on behalf of all others similarly
situated, Plaintiff v. MOUGIS LOGISTICS CORP., Defendant, Case No.
1:21-cv-05302 (S.D.N.Y., June 15, 2021) is a class action against
the Defendant for violations of the Fair Labor Standards Act and
the New York Labor Law by failing to properly calculate and pay all
minimum and overtime wages and spread of hours premium and failing
to comply with recordkeeping requirements.
Mr. Alfonso has worked for the Defendant as a delivery driver from
January 4, 2021 through the present.
Mougis Logistics Corp. is an operator of a Federal Express
distribution center located in Blauvelt, Rockland County, New York.
[BN]
The Plaintiff is represented by:
Nolan Klein, Esq.
LAW OFFICES OF NOLAN KLEIN, P.A.
633 S. Andrews Ave., Suite 500
Ft. Lauderdale, FL 33301
Telephone: (954) 745-0588
E-mail: klein@nklegal.com
- and –
Joshua M. Entin, Esq.
ESQUIREENTIN LAW GROUP, P.A.
633 S. Andrews Ave., Suite 500
Ft. Lauderdale, FL 33301
Telephone: (954) 761-7201
E-mail: josh@entinlaw.com
- and –
Michael L. Elkins, Esq.
ESQUIREMLELAW
633 S. Andrews Ave., Suite 500
Ft. Lauderdale, FL 33301
Telephone: (954) 401-2608
E-mail: melkins@mlelawfirm.com
MUSHIANA TRANSPORT: Harden Files Suit in Cal. Super. Ct.
--------------------------------------------------------
A class action lawsuit has been filed against Mushiana Transport
Inc. The case is styled as Ashton Harden, on behalf of himself, all
others similarly situated, and on behalf of the general public v.
Mushiana Transport Inc., Does 1-100, Case No.
34-2021-00301950-CU-OE-GDS (Cal. Super. Ct., Sacramento Cty., June
4, 2021).
The case type is stated as "Other Employment - Civil Unlimited".
Mushiana Transport, Inc. is a licensed and bonded freight shipping
and trucking company running freight hauling business from
Sacramento, California.[BN]
The Plaintiff is represented by:
Jill Vecchi, Esq.
MARA LAW FIRM, PC
2650 Camino Del Rio N., Ste. 205
San Diego, CA 92108-1631
Phone: 619-234-2833
Fax: 619-234-4048
Email: jvecchi@maralawfirm.com
NATIONSTAR MORTGAGE: Jones Sues Over Unauthorized Bank Charges
--------------------------------------------------------------
LATREECE JONES, individually and on behalf of all others similarly
situated, Plaintiff v. NATIONSTAR MORTGAGE LLC d/b/a MR. COOPER
GROUP, Defendant, Case No. 1:21-cv-03217 (N.D. Ill., June 15, 2021)
is a class action against the Defendant for negligence, trespass to
chattels, breach of fiduciary duty, and violations of the Real
Estate Settlement Procedures Act and the Illinois Consumer Fraud
and Deceptive Trade Practices Act.
According to the complaint, the Defendant triggered multiple
withdrawals from the Plaintiff's and Class members' bank accounts
even though they only should have been charged once. The Plaintiff
and Class members did not authorize, consent to, or approve of
these additional charges, and only authorized a single loan payment
to be charged to their bank accounts in the amount that they
specified. As a result of the Defendant's alleged unlawful
practice, the funds available in the Plaintiff's and Class members'
bank accounts were severely depleted, leaving them with little to
no money for other necessary expenditures.
Nationstar Mortgage LLC, doing business as Mr. Cooper Group, is a
mortgage loan servicer, headquartered in Coppell, Texas. [BN]
The Plaintiff is represented by:
Thomas A. Zimmerman, Jr., Esq.
Sharon A. Harris, Esq.
Matthew C. De Re, Esq.
Jeffrey D. Blake, Esq.
ZIMMERMAN LAW OFFICES, P.C.
77 W. Washington Street, Suite 1220
Chicago, IL 60602
Telephone: (312) 440-0020
Facsimile: (312) 440-4180
E-mail: tom@attorneyzim.com
sharon@attorneyzim.com
matt@attorneyzim.com
jeff@attorneyzim.com
- and –
Marc E. Dann, Esq.
Brian D. Flick, Esq.
DANNLAW
P.O. Box 6031040
Cleveland, OH 44103
Telephone: (216) 373-0539
Facsimile: (216) 373-0536
E-mail: mdann@dannlaw.com
bflick@dannlaw.com
NATIONSTAR MORTGAGE: Keil Sues Over Unauthorized ACH Debits
-----------------------------------------------------------
DAWN KEIL, individually and on behalf of all others similarly
situated, Plaintiff v. NATIONSTAR MORTGAGE LLC, Defendant, Case No.
6:21-cv-00697-TJM-TWD (N.D.N.Y., June 15, 2021) is a class action
against the Defendant for negligence, conversion, and violations of
the Fair Debt Collection Practices Act and the Electronic Fund
Transfers Act.
According to the complaint, the Defendant participated in
unauthorized debits of mortgage payments from borrowers' bank
accounts. The debt collection process is initiated through an
Automatic Clearing House (ACH) debit transaction from the
borrowers' financial institution. Each borrower who is making
payments pursuant to a mortgage should only appear on one batch
file per month, on a pre-ordained schedule authorized by the
borrower. However, the Defendant is withdrawing multiple monthly
payments at a single time without notice to the borrowers. As a
result of the Defendant's alleged misconduct, the Plaintiff and
Class members experienced lost interest, loss of purchasing power,
and overdraft fees.
Nationstar Mortgage LLC is a servicer of mortgages for residential
home loans based in Coppell, Texas. [BN]
The Plaintiff is represented by:
Alex R. Straus, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC
280 S. Beverly Drive
Penthouse
Beverly Hills, CA 90212
Telephone: (919) 600-5003
Facsimile: (919) 600-5035
E-mail: astrauss@milberg.com
- and –
Adam H. Cohen, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC
100 Garden City Plaza, Suite 500
Garden City, NY 11530
Telephone: (212) 594-5300
E-mail: acohen@milberg.com
- and –
Scott C. Harris, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC
900 W. Morgan Street
Raleigh, NC 27603
Telephone: (919) 600-5003
Facsimile: (919) 600-5035
E-mail: sharris@milberg.com
- and –
Edward H. Maginnis, Esq.
MAGINNIS HOWARD
7706 Six Forks Road, Suite 101
Raleigh, NC 27615
Telephone: (919) 526-0450
Facsimile: (919) 882-8763
NAVY FEDERAL: Charges FT Fees on U.S. Online Purchases, Morrow Says
-------------------------------------------------------------------
SIOBHAN MORROW and TRACEE LE FLORE, individually and on behalf of
all others similarly situated, Plaintiffs v. NAVY FEDERAL CREDIT
UNION, Defendant, Case No. 1:21-cv-00722 (E.D. Va., June 15, 2021)
is a class action against the Defendant for breach of contract and
breach of the covenant of good faith and fair dealing.
According to the complaint, the Defendant breached its contractual
promises with the Plaintiffs and all others similarly situated
accountholders by charging foreign transaction (FT) fees on online
purchases made in the U.S. The Defendant's account documents
indicate that FT Fees will only be assessed when an accountholder
uses his or her debit card in a foreign county. The Plaintiffs and
other accountholders have been injured by these practices, the suit
alleges.
Navy Federal Credit Union is a national credit union with its
headquarters and principal place of business located in Vienna,
Virginia. [BN]
The Plaintiffs are represented by:
Heather Whitaker Goldstein, Esq.
David M. Wilkerson, Esq.
THE VAN WINKLE LAW FIRM
11 N. Market Street
Asheville, NC 28801
Telephone: (828)258-2991
Facsimile: (828)257-2767
E-mail: hgoldstein@vwlawfirm.com
dwilkerson@vwlawfirm.com
- and –
Jeffrey Ostrow, Esq.
Jonathan M. Streisfeld, Esq.
KOPELOWITZ OSTROW FERGUSON WEISELBERG GILBERT
One West Las Olas Blvd., Suite 500
Fort Lauderdale, FL 33301
Telephone: (954) 525-4100
E-mail: ostrow@kolawyers.com
streisfeld@kolawyers.com
- and –
Todd Carpenter, Esq.
CARLSON LYNCH SWEET KILPELA & CARPENTER LLP
1350 Columbia St., Suite 603
San Diego, CA 92101
Telephone: (619) 762-1900
E-mail: tcarpenter@carlsonlynch.com
- and –
Jeffrey Kaliel, Esq.
Sophia Gold, Esq.
KALIEL PLLC
1875 Connecticut Ave. NW 10th Floor
Washington, DC 20009
Telephone: (202) 350-4783
E-mail: jkaliel@kalielpllc.com
sgold@kalielpllc.com
NCAA: Dunlap Files Suit in Southern District of Indiana
-------------------------------------------------------
A class action lawsuit has been filed against the National
Collegiate Athletic Association. The case is styled as Matthew
Dunlap, Rayne Mack, individually and on behalf of all others
similarly situated v. National Collegiate Athletic Association,
Case No. 1:21-cv-01789-JMS-DLP (S.D. Ind., June 16, 2021).
The nature of suit is stated as Other P.I. for Personal Injury.
The National Collegiate Athletic Association --
https://www.ncaa.org/ -- is a non-profit organization which
regulates athletes of 1,268 North American institutions and
conferences.[BN]
The Plaintiffs are represented by:
Jeffrey L. Raizner, Esq.
RAIZNER SLANIA, LLP
2402 Dunlavy Street
Houston, TX 77006
Phone: (713) 554-9099
Fax: (713) 554-9098
Email: jraizner@raiznerlaw.com
The Defendant appears pro se.
NEC NETWORKS: Camacho Sues Over Failure to Protect PHI and PII
--------------------------------------------------------------
Echoe Camacho, and by and through her, T.C., her minor child,
individually and on behalf of all others similarly situated v. NEC
Networks, LLC d/b/a CaptureRx and Rite Aid Corporation, Case No.
2:21-cv-01004-KJM-AC (E.D. Cal., June 4, 2021), is brought against
the Defendant as a result of the Defendants' failure to protect the
consumer information they were entrusted with which includes
Personal Health Information ("PHI") and personal identifiable
information ("PII").
According to the complaint, Ms. Camacho is the natural parent of
T.C. Ms. Camacho filled T.C.'s prescription at Rite Aid and, thus,
was required to provide Rite Aid with T.C.'s PHI and PII.
Unfortunately for Plaintiffs, Defendants did not adequately
safeguard that PHI or PII. As a result, T.C. and hundreds of
thousands of Defendants' other customers are now the victims of a
large-scale, long-lasting data breach that will impact them for
years to come. Specifically, the Data Breach exposed T.C.'s (1)
first name, (2) last name, (3) date of birth, and (4) prescription
information.
The Defendants are responsible for allowing the Data Breach to
occur because they failed to implement and maintain reasonable
safeguards and failed to comply with industry-standard data
security practices. During the duration of the Data Breach,
Defendants failed to detect unauthorized third parties' access to
T.C.'s and Class members' data, notice the massive amounts of data
that were compromised, and failed to take any steps to investigate
the red flags that should have warned Defendants that their systems
were not secure.
As a result of Defendants' failure to protect the consumer
information they were entrusted with, T.C. and Class members have
been exposed to and/or are at a significant risk of identity theft,
financial fraud, and other identity-related fraud into the
indefinite future. T.C. and Class members have also lost the
inherent value of their PII/PHI. This harm was compounded by
Defendants' failure to ensure that their Customers received proper
and timely notification of the Data Breach. In turn, Ms. Camacho
and similarly situated parents and guardians suffered emotional
distress--which caused physical manifestations--and injury in the
form of loss of time, as they were the caretakers responsible for
attempting to manage the fallout from the Data Breach, says the
complaint.
The T.C. is a minor child who had his prescription filled at Rite
Aid.
CaptureRx is a healthcare technology company and specialty pharmacy
benefits manager whose services include prescription claims
processing, patient assistance program administration, and public
health service 340B drug program administration. CaptureRx provide
these services for pharmacies and healthcare providers across the
United States, including Rite Aid.[BN]
The Plaintiff is represented by:
Hassan A. Zavareei, Esq.
TYCKO & ZAVAREEI LLP
1828 L Street NW, Suite 1000
Washington, D.C. 20036
Phone: (202) 973-0900
Facsimile: (202) 973-0950
Email: hzavareei@tzlegal.com
- and -
Daniel L. Warshaw, Esq.
PEARSON, SIMON & WARSHAW, LLP
15165 Ventura Blvd., Suite 400
Sherman Oaks, CA 91403
Phone: (818) 788-8300
Facsimile: (818) 788-8104
Email: dwarshaw@pswlaw.com
NYC MEDICAL: Appeals Class Cert. Ruling in Lawrence FLSA-NYLL Suit
------------------------------------------------------------------
Defendants NYC Medical Practice, P.C. and Sergey Voskin, M.D. filed
an appeal from the District Court's Memorandum Opinion and Order
dated May 20, 2021, entered in the lawsuit entitled KEYLEE
LAWRENCE, COURTNEY BRACCIA, BRIA WARNER, and WENDY ROSADO,
individually and on behalf of all others similarly situated,
Plaintiffs v. NYC MEDICAL PRACTICE, P.C. d/b/a Goals Aesthetics and
Plastic Surgery, and SERGEY VOSKIN, M.D., Defendants, Case No.
18-cv-8649, in the U.S. District Court for the Southern District of
New York (New York City).
As reported in the Class Action Reporter on June 2, 2021, Judge
Gregory H. Woods of the U.S. District Court for the Southern
District of New York granted in part the Plaintiffs' motions to
certify a collective action.
The Plaintiffs have filed motions asking the Court to certify a
collective action under 29 U.S.C. Section 216(b) to pursue their
Fair Labor Standards Act claims and a class action under Fed. R.
Civ. P. 23 to pursue their New York Labor Law claims.
In 2018, four employees of a New York plastic surgery practice
filed suit against their employer, alleging that it had violated
various provisions of the FLSA and NYLL. In 2018, the Plaintiffs
worked for NYC Medical. NYC Medica conducts business under the name
Goals Aesthetics and Plastic Surgery. Goals' sole shareholder is
physician Sergey Voskin. Lawrence and Warner worked as
receptionists. Braccia and Rosado were patient coordinators. Goals
is in the business of performing cosmetic plastic surgery, body
contouring, anti-aging techniques, facial rejuvenation processes,
and other aesthetic procedures.
On Sept. 25, 2018, the Plaintiffs filed a hybrid putative class and
collective action under the FLSA and the NYLL on behalf of
themselves and a purported collective and class of all other
similarly situated individuals. The Complaint alleges that the
Defendants violated the FLSA and NYLL by (i) failing to compensate
them for all hours worked each work week; (ii) requiring the
Plaintiffs to submit false time records that understated the true
number of hours that they worked; (iii) failing to properly
compensate them for all hours worked in a work week in excess of
40; and (iv) failing to compensate them at a rate of 1.5 times
their regular rate of pay for all hours in a workweek in excess of
40. The Plaintiffs also allege additional violations of the NYLL.
The Defendants now seek a review of Judge Woods's June 2 Class
Certification order.
The appellate case is captioned as Lawrence v. NYC Medical
Practice, P.C., Case No. 21-1433, in the United States Court of
Appeals for the Second Circuit, filed on June 3, 2021.[BN]
Defendants-Appellants NYC Medical Practice, P.C., DBA Goals
Aesthetics and Plastic Surgery; and Sergey Voskin, M.D. are
represented by:
Joshua M. Lurie, Esq.
LURIE STRUPINSKY, LLP
15 Warren Street
Hackensack, NJ 07601
Telephone: (201) 518-9999
E-mail: jmlurie@luriestrupinsky.com
Plaintiffs-Appellees Bria Warner, Courtney Braccia, and Wendy
Rosado, individually and on behalf of all others similarly
situated, are represented by:
Steven Bennett Blau, Esq.
BLAU LEONARD LAW GROUP, LLC
23 Green Street
Huntington, NY 11743
Telephone: (631) 458-1010
P&G AUDITORS: Curry Class Action Wins Conditional Certification
---------------------------------------------------------------
In the class action lawsuit captioned as KENNETH CURRY, RICARDO
MAZZITELLI, JACQUELINE BROWN PILGRIM, on behalf of themselves and
others similarly situated, v. P&G AUDITORS AND CONSULTANTS, LLC;
GRC SOLUTIONS, LLC; PGX, LLC; AND APPLE BANCORP, INC. D/B/A APPLE
BANK FOR SAVINGS, Case No. 1:20-cv-06985-LTS-SLC (S.D.N.Y.), the
Hon. Judge Sarah L. Cave entered an order granting in part and
denying in part the collective motion as follows:
1. Pursuant to 29 U.S.C. section 216(b), the Court
conditionally
certifies this action as a collective comprised of anti-money
laundering investigators (AMLs), team leads (TLs), and
quality assurance reviewers (Qas) who worked on Project
1/Lookback 2 and Project 2/Lookback 2 within three years of
the distribution of notice (the Collective).
2. By June 28, 2021, the parties shall meet and confer regarding
the Court-ordered changes to the Proposed Notice and submit a
revised version for the Court's review and approval.
3. By June 28, 2021, the Defendants shall provide to Plaintiff's
counsel, for the members of the Collective, the following
information: (i) name; (ii) last known mailing address; (iii)
last known telephone number(s); (iv) email address if known;
(v) work location(s); and (vi) dates of employment.
4. Once approved by the Court, the notice and consent form (the
Notice) shall be sent by mail, email, and text to all
potential members of the Collective, who must opt-in to this
action within 60 days of the date of distribution of the
Notice (the "Opt-In Period"). No later than 21 days before
the end of the Opt-In Period, Plaintiffs may send a reminder
Notice to the Collective.
5. Plaintiffs' request for equitable tolling is denied without
prejudice to any individual plaintiff's ability to request
tolling on a showing that tolling applies to that plaintiff's
particular circumstances.
Because the Court has authorized notice to be distributed to a
potentially large class of plaintiffs, "the determination as to the
timeliness of each future plaintiff's action is better reserved for
a future proceeding." Accordingly, the Plaintiffs' request for
equitable tolling is denied "with the understanding that individual
plaintiffs may seek such tolling upon demonstrating its
applicability" to that plaintiff's circumstances.
The Plaintiffs filed this putative class and collective action
asserting claims under the Fair Labor Standards Act (FLSA), and the
New York Labor Law (NYLL) against the Defendants.
The Plaintiffs allege that the Defendants employed them as AMLs,
TLs, and QAs but failed to pay them requisite overtime compensation
in violation of the FLSA.
The Plaintiffs seek to recover: (1) unpaid overtime wages; (2)
liquidated damages; (3) statutory penalties under the NYLL; (4)
pre- and post-judgment interest; and (5) attorneys' fees and
costs.
A copy of the Court's opinion and order dated June 14, 2021 is
available from PacerMonitor.com at https://bit.ly/35sHzw4 at no
extra charge.[CC]
PNC BANK: Appeals Ruling in Scheid Wage-and-Hour Suit to 9th Cir.
-----------------------------------------------------------------
Defendant PNC Bank, N.A. filed an appeal from a court ruling
entered in the lawsuit entitled TANSEER KAZI, et al., Plaintiffs,
v. PNC BANK, N.A., Defendant, Case No. 3:18-cv-04810-JCS, in the
U.S. District Court for the Northern District of California, San
Francisco.
As previously reported in the Class Action Reporter, Plaintiffs
Kazi and Linda Scheid commenced this putative class action
asserting wage and hour violations by Defendant PNC. PNC Mortgage
Loan Officers ("MLOs") received regular pay on a biweekly basis at
all times relevant to this action. In addition to their regular
pay, MLOs could also qualify for monthly "Plan Incentive Pay,"
which consisted, in part, of commissions earned on loan
originations, but was also based on a number of other factors that
together with the commissions resulted in "incentive credits" and
thus incentive pay. The formula was generally governed by a plan
document, one version of which was instituted in 2014 and another
in 2017, as well as an "Addendum A" that was updated at least
annually. While the factors taken into account for incentive pay
changed from time to time, the consistent practice was that all
incentive credits were added together each month and, if the
credits exceeded the monthly threshold, an MLO received Plan
Incentive Pay.
On May 4, 2021, the Defendants sought a review of the Court's Order
dated March 15, 2021, granting in part and denying in part both
parties' motions for summary judgment, and narrowing class
definition.
The appellate case is captioned as LINDA SCHEID, individually and
on behalf of all those similarly situated, Plaintiff-Appellee v.
PNC BANK, N.A., Defendant-Appellant, Case No. 21-15988, in the
United States Court of Appeals for the Ninth Circuit, filed on June
10, 2021.
The parties shall meet the following time schedule:
-- Transcript shall be ordered on July 9, 2021;
-- Transcript shall be filed by court reporter on August 9,
2021;
-- Appellant's opening brief and excerpts of record shall be
served and filed September 17, 2021 ;
-- Appellee's answering brief and excerpts of record shall be
served and filed on October 18, 2021; and
-- The optional appellant's reply brief shall be filed and
served within 21 days of service of the appellee's brief. [BN]
POPZUP LLC: Conner Files ADA Suit in E.D. New York
--------------------------------------------------
A class action lawsuit has been filed against PopZup, LLC. The case
is styled as Mary Conner, individually and as the representative of
a class of similarly situated persons v. PopZup, LLC, Case No.
1:21-cv-03376 (E.D.N.Y., June 15, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
PopZup -- https://popzup.com/ -- offers safe & healthy options to
pop, season, & snack popcorn.[BN]
The Plaintiff is represented by:
Dan Shaked, Esq.
SHAKED LAW GROUP, P.C.
14 Harwood Court, Suite 415
Scarsdale, NY 10583
Phone: (917) 373-9128
Email: shakedlawgroup@gmail.com
PROCOLLECT INC: Anderson Files FDCPA Suit in W.D. North Carolina
----------------------------------------------------------------
A class action lawsuit has been filed ProCollect Inc. The case is
styled as Kenya Anderson also known as: Kenya Belle, individually
and on behalf of all others similarly situated v. ProCollect Inc.,
Case No. 3:21-cv-00284 (W.D.N.C., June 16, 2021).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
ProCollect Inc. -- https://procollect.com/ -- is one of the
nation's premier debt collection agencies.[BN]
The Plaintiff is represented by:
C. Randolph Emory, Esq.
THE EMORY LAW FIRM, P.C.
11020 David Taylor Drive, Suite 102
Charlotte, NC 28262
Phone: (704) 371-4333
Fax: (704) 371-3015
Email: emorylawecf@gmail.com
PROFESSIONAL BILLING: Katz Class Cert. Bid Tossed w/o Prejudice
---------------------------------------------------------------
In the class action lawsuit captioned as BRUCE E. KATZ, M_D., P.C.,
D/B/A JUVA SKIN AND LASER CENTER, individually and on behalf of all
others similarly situated, v. PROFESSIONAL BILLING COLLECTIONS,
LLC, Case No. 1:20-cv-03043-AT (S.D.N.Y.), the Hon Judge Annalisa
Torres entered an order:
1. denying without prejudice the Plaintiff's motion
for class certification; and
2. granting the Plaintiff's motion for 120 days of limited
discovery.
If Plaintiff wishes to submit a renewed motion for class
certification, he shall do so by October 26, 2021, says Judge
Torres.
On October 19, 2020, the Plaintiff moved to certify the following
class:
"All persons in the United States who (1) on or after four
years
prior of filing of the initial complaint in this action, (2)
were sent, by Defendant or on Defendant's behalf, (3) a
telephone facsimile message, (4) from whom Defendant claims it
obtained prior express permission or invitation to send faxes in
the same manner as Defendant claims it obtained prior express
permission or invitation to send a fax to the Plaintiff."
The Plaintiff brings this action, on behalf of himself and others
similarly situated, alleging that the Defendant has sent
unsolicited facsimile advertisements 1n violation of the Telephone
Consumer Protection Act, as amended by the Junk Fax Protection Act
(the TCPA).
A copy of the Court's order dated June 14, 2021 is available from
PacerMonitor.com at https://bit.ly/2TDyRIS at no extra charge.[CC]
RESURRECTION UNIVERSITY: Harvey Suit Removed to N.D. Illinois
-------------------------------------------------------------
The case styled as Brittney Harvey, individually and on behalf of
all others similarly situated v. Resurrection University, Case No.
2021CH01910 was removed from the Circuit Court of Cook County, IL,
Chancery Division, to the U.S. District Court for the Northern
District of Illinois on June 15, 2021.
The District Court Clerk assigned Case No. 1:21-cv-03203 to the
proceeding.
The nature of suit is stated as Other P.I.
Resurrection University -- https://www.resu.edu/ -- is Chicago's
healthcare education leader.[BN]
The Plaintiff appears pro se.
The Defendant is represented by:
Michael D Hayes, Esq.
HUSCH BLACKWELL LLP
120 South Riverside Plaza, Suite 2200
Chicago, IL 60606-4473
Phone: (312) 655-1500
Email: michael.hayes@huschblackwell.com
RICHARD BROWN: Thomas Files Suit in N.D. Georgia
------------------------------------------------
A class action lawsuit has been filed against Richard C. Brown. The
case is styled as Edward E. Thomas, Patricia Thomas, Government of
the United States of America, United Nations, United Nations High
Commissioner for Human Rights; Dr. Shellielle S. Youhoing Nanan,
Counsel/Legal Representative and Ex-Rel. v. Magistrate Richard
Brown, Clayton County Magistrate, Case No. 1:21-cv-02445-ELR-JKL
(N.D. Ga., June 15, 2021).
The nature of suit is stated as Other Civil Rights for Petition for
Writ of Mandamus.
Richard C. Brown is a magistrate judge of Clayton County,
Georgia.[BN]
The Plaintiffs appear pro se:
Edward E. Thomas
Patricia Thomas
914 Stormy Lane
Jonesboro, GA 30238
Phone: (470) 497-8202
PRO SE
- and -
Government of the United States of America
United Nations
United Nations High Commissioner for Human Rights
Dr. Shellielle S. Youhoing Nanan
P. O. Box 524
Jonesboro, GA 30237
Phone: (470) 497-8202
PRO SE
RITANI LLC: Roman Files ADA Suit in S.D. New York
-------------------------------------------------
A class action lawsuit has been filed against Ritani LLC. The case
is styled as Juan Roman, on behalf of himself and all other persons
similarly situated v. Ritani LLC, Case No. 1:21-cv-05333 (S.D.N.Y.,
June 16, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Ritani -- https://www.ritani.com/ -- is a fine jewelry company
specializing in engagement rings and bridal jewelry.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
GOTTLIEB & ASSOCIATES
150 E. 18th Street, Suite Phr
New York, NY 10003
Phone: (212) 228-9795
Email: michael@gottlieb.legal
RITE AID: Appeals Class Cert. Ruling in Bailey Consumer Suit
------------------------------------------------------------
Defendant RITE AID CORPORATION filed an appeal from a court ruling
entered in the lawsuit entitled THOMAS BAILEY, Plaintiff v. RITE
AID CORPORATION, Defendant, Case No. 4:18-cv-06926 YGR, in the U.S.
District Court for the Northern District of California.
As previously reported in the Class Action Reporter, Plaintiff
Bailey brings the proposed class action against Defendant Rite Aid
for state-law claims arising out of Rite Aid's marketing of its
over-the-counter acetaminophen gelcaps as "rapid release." Rite Aid
produces, manufactures, markets, distributes, and sells a generic
version of certain over-the-counter drugs under the Rite Aid brand,
including the Rite Aid gelcaps.
In his First Amended Complaint ("FAC"), Bailey alleges that Rite
Aid "misled and continues to mislead consumers about the nature,
quality, and effectiveness" of the Rite Aid gelcaps through its
labeling. As shown on the package of the Rite Aid gelcaps, the term
"'rapid release' does not actually mean that the drug works faster
for consumers than non-rapid release products," as studies show
that "traditional, non-rapid release acetaminophen products can be
equally effective in the same, if not faster, time period than its
Rite Aid rapid release products." Rite Aid nevertheless charges a
premium for its rapid release gelcaps, and it markets the Rite Aid
gelcaps with "false, misleading, unfair, deceptive labeling and
marketing in an effort to dupe consumers into purchasing these
gelcaps for prices that exceed their true value."
The Defendant is seeking a review of the Court's Order dated April
28, 2021 wherein Judge Yvonne Gonzalez Rogers of the U.S. District
Court for the Northern District of California:
(i) granted Bailey's motion for class certification under
Rule 23(b)(3); and
(ii) denied without prejudice Bailey's motion for class
certification under Rule 23(b)(2).
The appellate case is captioned as THOMAS F. BAILEY, on behalf of
himself and others similarly situated, Plaintiff-Respondent v. RITE
AID CORPORATION, Defendant-Petitioner, Case No. 21-80061, in the
United States Court of Appeals for the Ninth Circuit, filed on June
9, 2021.[BN]
Defendant-Petitioner RITE AID CORPORATION is represented by:
Eileen R. Ridley, Esq.
Jaikaran Singh, Esq.
FOLEY & LARDNER LLP
555 California Street, Suite 1700
San Francisco, CA 94104-1520
Telephone: (415) 434-4484
E-mail: eridley@foley.com
jsingh@foley.com
- and -
Jay N. Varon, Esq.
David Hickerson, Esq.
Jarren Ginsburg, Esq.
FOLEY & LARDNER LLP
3000 K Street, N.W.
Washington, D.C. 20007
Telephone: (202) 672-5380
E-mail: jvaron@foley.com
dhickerson@foley.com
jginsburg@foley.com
SENIOR LIFE INSURANCE: Miholich Files TCPA Suit in S.D. California
------------------------------------------------------------------
A class action lawsuit has been filed against Senior Life Insurance
Company. The case is styled as Kyle Miholich, individually and on
behalf of all others similarly situated v. Senior Life Insurance
Company, Case No. 3:21-cv-01123-WQH-AGS (S.D. Cal., June 16,
2021).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Senior Life Insurance Company --
https://www.seniorlifeinsurancecompany.com/ -- sell affordable life
insurance to families across America.[BN]
The Plaintiff is represented by:
Jason A Ibey, Esq.
KAZEROUNI LAW GROUP APC
321 North Mall Drive Suite R108
St George, UT 84790
Phone: (800) 400-6808
Fax: (800) 520-5523
Email: jason@kazlg.com
SMITHFIELD DIRECT: Kane Wage-and-Hour Suit Goes to C.D. California
------------------------------------------------------------------
The case styled STEVEN KANE, individually and on behalf of all
others similarly situated v. SMITHFIELD DIRECT, LLC and DOES 1
through 10, inclusive, Case No. 21STCV13736, was removed from the
Superior Court of California, County of Los Angeles, to the U.S.
District Court for the Central District of California on June 14,
2021.
The Clerk of Court for the Central District of California assigned
Case No. 2:21-cv-04832 to the proceeding.
The case arises from the Defendant's alleged violations of the
California Labor Code and the California Business and Professions
Code including failure to pay minimum wages, failure to pay
overtime, failure to pay all vacation wages, failure to provide
meal periods, failure to provide rest periods, failure to pay sick
leave at the appropriate rate, failure to provide accurate wage
statements, failure to pay wages timely to terminated employees,
and unfair business practices.
Smithfield Direct, LLC is a food company based in Smithfield,
Virginia. [BN]
The Defendant is represented by:
Matthew Bobb, Esq.
Steven A. Morphy, Esq.
HUNTON ANDREWS KURTH LLP
550 South Hope Street, Suite 2000
Los Angeles, CA 90071-2627
Telephone: (213) 532-2000
Facsimile: (213) 532-2020
E-mail: MBobb@HuntonAK.com
SMorphy@HuntonAK.com
- and –
Andrea R. Calem, Esq.
HUNTON ANDREWS KURTH LLP
2200 Pennsylvania Avenue, NW
Washington, DC 20037-1701
Telephone: (202) 955-1500
Facsimile: (202) 778-2201
E-mail: ACalem@HuntonAK.com
STATE FARM LIFE: Gonzalez Suit Seeks to Certify Class
-----------------------------------------------------
In the class action lawsuit captioned as ANNA GONZALEZ and RONALD
K. PAGE, on behalf of themselves and all others similarly situated,
v. STATE FARM LIFE INSURANCE COMPANY, Case No. 5:20-cv-00617-FB-ESC
(W.D. Tex.), the Plaintiffs asks the Court to enter an order
certifying the following Class:
"All persons who own or owned a universal life insurance policy
issued by State Farm on Form 94030 in the State of Texas whose
policy was in-force on or after January 1, 2002 and who was subject
to at least one monthly deduction."
A copy of the Plaintiffs' motion to certify class dated June 15,
2021 is available from PacerMonitor.com at https://bit.ly/3xwVnla
at no extra charge.[CC]
The Plaintiff is represented by:
Norman E. Siegel, Esq.
Lindsay Todd Perkins, Esq.
Ethan M. Lange, Esq.
STUEVE SIEGEL HANSON LLP
460 Nichols Road, Suite 200
Kansas City, MO 64112
Telephone: (816) 714-7100
Facsimile: (816) 714-7101
E-mail: siegel@stuevesiegel.com
perkins@stuevesiegel.com
lange@stuevesiegel.com
- and -
John J. Schirger, Esq.
Matthew W. Lytle, Esq.
Joseph M. Feierabend, Esq.
MILLER SCHIRGER, LLC
4520 Main Street, Suite 1570
Kansas City, Missouri 64111
Telephone: (816) 561-6500
Facsimile: (816) 561-6501
E-mail: jschirger@millerschirger.com
mlytle@millerschirger.com
jfeierabend@millerschirger.com
- and -
James T. Clancy, Esq.
BRANSCOMB, PLLC
802 N. Carancahua, Suite 1900
Corpus Christi, TX 78401-0036
Telephone: (361) 886-3800
Facsimile: (361) 886-3805
E-mail: jclancy@branscomblaw.com
SUNFLOWER BANK: Besser Sues Over Illegal Overdraft Fees
-------------------------------------------------------
Samantha Besser and Alan Schoenberger, Plaintiff, on behalf of
themselves and all others similarly situated, v. Sunflower Bank,
N.A., Defendant, Case No. 21-cv-01577, (D. Colo., June 10, 2021)
seeks monetary damages, restitution and declaratory relief from
Sunflower Bank for the assessment and collection of "overdraft
fees" on accounts that were never actually overdrawn, in breach of
contract and breach of the covenant of good faith and fair
dealing.
Besser and Schoenberger claims that the checking account contract
documents discussing overdraft fees promise that Sunflower will
only charge OD Fees on transactions where there are insufficient
funds to cover them as stipulated in Sunflower's adhesion
contract.
Sunflower is engaged in the business of providing retail banking
services to consumers in Colorado, New Mexico, Washington, Texas,
Arizona, Missouri and Kansas. [BN]
Plaintiff is represented by:
David Berger, Esq.
Tayler Walters, Esq.
GIBBS LAW GROUP LLP
501 14th Street, Suite 1110
Oakland, CA 94612
Telephone: (510) 350-9700
Facsimile: (510) 350-9701
Email: dmb@classlawgroup.com
tlw@classlawgroup.com
- and -
Jeffrey Kaliel, Esq.
Sophia G. Gold, Esq.
KALIEL PLLC
1875 Connecticut Ave. NW 10th Floor
Washington, DC 20009
Tel: (202) 350-4783
Email: jkaliel@kalielpllc.com
sgold@kalielpllc.com
SUNRUN INC: Arcieri Sues Over Unauthorized Telemarketing Calls
--------------------------------------------------------------
SANDRA ARCIERI, individually and on behalf of all others similarly
situated, Plaintiff v. SUNRUN, INC. and CLEAN ENERGY EXPERTS LLC,
Defendants, Case No. 3:21-cv-04549-JSC (N.D. Cal., June 14, 2021)
is a class action against the Defendants for violations of the
Telephone Consumer Protection Act.
According to the complaint, Defendant Clean Energy Experts, doing
business as Solar America, sent pre-recorded telemarketing calls to
the phone numbers of the Plaintiff and all others similarly
situated consumers on behalf of Defendant Sunrun without prior
express written consent. As a result, the Plaintiff and Class
members have been harmed in the form of annoyance, nuisance, and
invasion of privacy, and disturbed the use and enjoyment of their
phones, the suit alleges.
Sunrun, Inc. is an American provider of residential solar panels
and home batteries, headquartered in San Francisco, California.
Clean Energy Experts LLC is a provider of clean energy solutions,
headquartered in San Francisco, California. [BN]
The Plaintiff is represented by:
Rachel Elizabeth Kaufman, Esq.
KAUFMAN P.A.
400 NW 26th Street
Miami, FL 33127
Telephone: (305) 469-5881
E-mail: Rachel@kaufmanpa.com
T.W. LATH-N-STUCCO: Fails to Pay Proper Wages, Cordova Alleges
--------------------------------------------------------------
RAMON CORDOVA-GONZALEZ, PEDRO DIAZ-ARREGUIN, and SAUL
ROJAS-RAMIREZ, on their own behalf and on behalf of all others
similarly situated, and HORLANDO DOMINGUEZ, ARTURO DOMINGUEZ, RUBEN
JUAREZ, DIEGO JUAREZ, and ALDO MENDOSA, on their own behalf,
Plaintiffs v. T.W. LATH-N-STUCCO, INC., and THOMAS MURRAY WARE II,
Defendants, Case No. 1:21-cv-01617 (D. Colo., June 14, 2021) is a
class action against the Defendants for violations of the Fair
Labor Standards Act, the Colorado Overtime and Minimum Pay
Standards Order, and the Colorado Wage Claim Act including failure
to pay minimum wages and weekly overtime premiums.
The Plaintiffs were formerly employed by the Defendants to work in
their Stucco business based in Colorado Springs, Colorado between
June 14, 2015 and the present.
T.W. Lath-N-Stucco, Inc. is a stucco contractor based in Colorado
Springs, Colorado. [BN]
The Plaintiffs are represented by:
Andrew H. Turner, Esq.
MILSTEIN TURNER, PLLC
2400 Broadway – Suite B
Boulder, CO. 80304
Telephone: (303) 305-8230
E-mail: andrew@milsteinturner.com
TANDOORI RESTAURANT: Varadakar Files Suit, Alleges Retaliation
--------------------------------------------------------------
Pranab Varadakar, individually and on behalf of others similarly
situated, Plaintiff, v. Tandoori Restaurant Corp., Jay Patel and
Bharat Patel, Defendants, Case No. 21-cv-05189, (E.D. N.Y., June
10, 2021), seeks to recover lost wages, liquidated damages equal to
lost wages, prejudgment and post-judgment interest, reasonable
attorneys' fees and costs, injunctive relief and any such other and
further legal and equitable relief pursuant to the Fair Labor
Standards Act of 1938 and New York labor laws and arising from
Defendants' willful, malicious and unlawful retaliation.
The Defendants own, operate, and control two Indian restaurants
under the names "Indi-Q Restaurant" and "Tandoori: Taste of India,"
located at Armonk and Port Chester, New York, respectively.
Varadakar was employed by Defendants as a curry chef beginning in
December 2019. He claims to have worked at least six days a week
for nine hour shifts, each shift containing a two hour afternoon
break, in total, approximately forty-five hours a week. He was paid
a flat weekly salary of $1,250.00 regardless of the actual number
of hours that he actually worked and never issued wage statements.
Varadakar also accuses Defendants of illegally collecting/retaining
all customer tips which were left for the restaurant hospitality
and service workers.
Plaintiffs claim that they were suspended for alleged violation of
company policies but contend that these were all in retaliation for
the labor suit. [BN]
Plaintiff is represented by:
Stephen M. Bourtin, Esq.
Patrick J. Boyd, Esq.
THE BOYD LAW GROUP, PLLC
250 Park Avenue, Seventh Floor
New York, NY10018
Tel: (212) 867-3675
Fax: (212) 867-5765
Email: sbourtin@theboydlawgroup.com
pboyd@theboydlawgroup.com
TEAM HEALTH: GWA Sues Over Improper Billing Practices
-----------------------------------------------------
Gerry Wood Automotive, LLC Employee Benefits Plan, and Gerry Wood
Automotive, LLC, individually and on behalf of all those similarly
situated v. TEAM HEALTH HOLDINGS, INC., and AMERITEAM SERVICES,
L.L.C., Case No. 3:21-cv-00441 (M.D. Tenn., June 7, 2021), is
brought to recover damages, restitution and/or injunctive relief
with regard to the Defendants' improper healthcare services billing
practices.
According to the complaint, in connection with its staffing of
emergency departments, TeamHealth regularly renders healthcare
services to enrollees of group medical plans such as the
Plaintiffs' self-funded group health plan whose enrollees, during
the pertinent times and on various occasions, received emergency
room healthcare services from TeamHealth staff. Unfortunately,
Plaintiffs were overbilled by TeamHealth, thereby causing injury
and leading to this claim. Furthermore, insofar as TeamHealth's
uniform practices and policies caused overbilling which affected
and injured numerous other self-funded plans, Plaintiffs bring the
instant claim both individually and on behalf of a class of all
similarly situated self-funded healthcare plans and payors.
During the pertinent times, TeamHealth used two fraudulent schemes
to obtain overpayments from Plaintiffs and other similarly situated
victims. The first was the "Mid-Level Scheme." Under it, TeamHealth
overbilled for services provided by "mid-level" practitioners. The
term "mid-level" refers to non-physician providers such as
Physician Assistants ("PAs") and Nurse Practitioners ("NPs"). Under
lawful billing practices, a mid-level's services are reimbursed for
less of a price than those of a physician. The appropriate rate
payable for service rendered to a self-funded enrollee is
associated with the relevant National Provider Identifier ("NPI")
linked with the claim for reimbursement.
Through its billing policies and practices, TeamHealth sought to
conceal the Mid-Level Scheme by characterizing services as
"split/shared." Such "split/shared" services occur when both a
mid-level and a physician treat the same patient during the same
visit, such that the services are split or shared between a
mid-level and a physician. When this happens, the mid level's
services may be billed under the physicians' NPI at the higher
physician rate. However, true split/shared visits at facilities
staffed by TeamHealth employees almost never occur. In fact,
TeamHealth requires mid-levels to treat patients alone, maximizing
mid-levels' profitability. Then, TeamHealth requires its healthcare
providers to falsify medical records to reflect a split/shared
visit when none occurred.
The second unlawful overbilling scheme engaged in by TeamHealth was
the "Critical Care Scheme." This too was an upcoding scheme.
TeamHealth billed for "critical care," which is the highest level
of emergency treatment, when in fact critical care services were
not rendered or medically necessary. By so doing, Defendants
submitted false claims through fraudulent billing to private
payers. Because of the heightened skill and decision-making that
critical care requires, private payers reimburse providers for
critical care services at a higher rate than for ordinary emergency
services, states the complaint.
The Plaintiff, Gerry Wood Automotive, LLC Employee Benefits Plan is
an employee benefit plan under the Employee Retirement Income
Security Act of 1974.
TeamHealth is a private equity-owned management company
headquartered in Tennessee that staffs hospital emergency
departments across the nation.[BN]
The Plaintiff is represented by:
Mary A. Parker, Esq.
PARKER & CROFFORD
5115 Maryland Way
Brentwood, TN 37027
Phone: 615-244-2445
Fax: 615-255-6037
Email: mparker@parker-crofford.com
- and -
Mona L. Wallace, Esq.
John S. Hughes, Esq.
WALLACE & GRAHAM, P.A.
525 N. Main St.
Salisbury, NC 28144
Phone: 704-633-5244
Email: mwallace@wallacegraham.com
jhughes@wallacegraham.com
- and -
Janet Varnell, Esq.
VARNELL AND WARWICK, P.A.
1101 E. Cumberland Ave., Suite 201H, #105
Tampa FL 33602
Phone: (352) 753-8600
Email: jvarnell@vandwlaw.com
TIPPSY INC: Martinez Files ADA Suit in E.D. New York
----------------------------------------------------
A class action lawsuit has been filed against Tippsy, Inc. The case
is styled as Pedro Martinez, individually and as the representative
of a class of similarly situated persons v. Tippsy, Inc., Case No.
1:21-cv-03377 (E.D.N.Y., June 15, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Tippsy -- https://www.tippsysake.com/ -- is an online e-Commerce
platform that promotes a modern lifestyle of drinking for Japanese
sake.[BN]
The Plaintiff is represented by:
Dan Shaked, Esq.
SHAKED LAW GROUP, P.C.
14 Harwood Court, Suite 415
Scarsdale, NY 10583
Phone: (917) 373-9128
Email: shakedlawgroup@gmail.com
TOTAL LIFE: Tea's THC-Free Label "False," Miller Suit Alleges
-------------------------------------------------------------
ASHLEY MILLER, individually and on behalf of all others similarly
situated, Plaintiff v. TOTAL LIFE CHANGES, LLC, Defendant, Case No.
1:21-cv-00095-JRH-BKE (S.D. Ga., June 15, 2021) is a class action
against the Defendant for fraudulent concealment, breach of express
warranty, unjust enrichment, and violation of the Georgia Fair
Business Practices Act.
According to the complaint, the Defendant is engaged in false,
deceptive and misleading advertising, labeling, and marketing of
its Raspberry Lemonade Flavor Iaso Tea Instant product. The
Defendant advertised and represented the product as free of
Tetrahydrocannabinol (THC) when, in fact, it is not. After
purchasing and consuming the tea, the Plaintiff tested positive for
THC during a random drug test at work and had tangible benefits of
her employment suspended pending investigation, the suit alleges.
Total Life Changes, LLC is a manufacturer of health and wellness
products based in Michigan. [BN]
The Plaintiff is represented by:
John F. Beasley, Jr., Esq.
JF BEASLEY, LLC
31 N. Main Street
Watkinsville, GA 30677
Telephone: (706) 769-4410
E-mail: jfbeasley@jfbeasleylaw.com
- and –
Matthew H. Morgan, Esq.
Anna P. Prakash, Esq.
Chloe Raimey, Esq.
NICHOLS KASTER, PLLP
4700 IDS Center
80 South Eighth Street
Minneapolis, MN 55402
Telephone: (612) 256-3200
Facsimile: (612) 338-4878
E-mail: morgan@nka.com
aprakash@nka.com
craimey@nka.com
- and –
David Fish, Esq.
THE FISH LAW FIRM, P.C.
200 E. 5th Avenue, Suite 123
Naperville, IL 60563
Telephone: (630) 355-7590
Facsimile: (630) 778-0400
E-mail: dfish@fishlawfirm.com
- and –
Aaron Rapier, Esq.
RAPIER LAW FIRM
1770 Park St., Suite 200
Naperville, IL 60563
Telephone: (815) 782-5478
Facsimile: (815) 327-3449
E-mail: arapier@rapierlawfirm.com
TRUEACCORD CORP: Stivers Files FDCPA Suit in District of Kansas
---------------------------------------------------------------
A class action lawsuit has been filed against TrueAccord Corp. The
case is styled as Terri Stivers, on behalf of herself and others
similarly situated v. TrueAccord Corp., Case No.
2:21-cv-02272-TC-JPO (D. Kan., June 16, 2021).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
TrueAccord -- https://www.trueaccord.com/ -- is a digital debt
collection agency that is reinventing the collections
experience.[BN]
The Plaintiff is represented by:
Anthony E. LaCroix, Esq.
LaCROIX LAW FIRM, LLC
1600 Genessee, Suite 956
Kansas City, MO 64102
Phone: (816) 399-4380
Fax: (816) 399-4380
Email: tony@lacroixlawkc.com
UBS FINANCIAL: Schwartz FCRA Class Suit Removed to N.D. Illinois
----------------------------------------------------------------
The case styled AMBER SCHWARTZ, individually and on behalf of all
others similarly situated v. UBS FINANCIAL SERVICES INC., Case No.
2021-CH-164, was removed from the Circuit Court of Lake County,
Illinois, to the U.S. District Court for the Northern District of
Illinois on June 14, 2021.
The Clerk of Court for the Northern District of Illinois assigned
Case No. 1:21-cv-03176 to the proceeding.
The case arises from the Defendant's alleged violation of the Fair
Credit Reporting Act.
UBS Financial Services Inc. is a brokerage firm and investment
advisor headquartered in New York, New York. [BN]
The Defendant is represented by:
Steven J. Pearlman, Esq.
Edward C. Young, Esq.
PROSKAUER ROSE LLP
70 W. Madison, Suite 3800
Chicago, IL 60602
Telephone: (312) 962-3550
Facsimile: (312) 962-3551
E-mail: spearlman@proskauer.com
eyoung@proskauer.com
- and –
Eric D. Novak, Esq.
PROSKAUER ROSE LLP
Poydras Center
650 Poydras Street, Suite 1800
New Orleans, LA 70130-6146
Telephone: (504) 310-2072
Facsimile: (504) 310-2022
E-mail: ednovak@proskauer.com
UNITED COLLECTION: Giannini Files FDCPA Suit in N.D. Illinois
-------------------------------------------------------------
A class action lawsuit has been filed against United Collection
Bureau, Inc., et al. The case is styled as Nicole M. Giannini,
individually and on behalf of a class of similarly situated persons
v. United Collection Bureau, Inc., LVNV Funding LLC, Case No.
1:21-cv-03223 (N.D. Ill., June 15, 2021).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
United Collection Bureau Inc. -- http://ucbinc.com/-- provides
debt collection and accounts receivable management services to
creditors. The Company offers services to various market sectors
including financial, health care, utilities, communications, and
government.[BN]
The Plaintiff is represented by:
James C. Vlahakis, Esq.
SULAIMAN LAW GROUP, LTD.
2500 S. Highland Avenue, Suite 200
Lombard, IL 60148
Phone: (630) 575-8181
Email: jvlahakis@sulaimanlaw.com
UNIVERSITY OF SOUTHERN CALIFORNIA: Nilo Sues Over Unpaid Wages
--------------------------------------------------------------
Mamerto Nilo, on behalf of herself and all other aggrieved
employees v. UNIVERSITY OF SOUTHERN CALIFORNIA, a California
Domestic Nonprofit Corporation; KECK MEDICINE OF USC AND HENRY MAYO
NEWHALL MEMORIAL HOSPITAL, LLC, a California Limited Liability
Company; and DOES 1-10, inclusive, Case No. 21STCV20767 (Cal.
Super. Ct., Los Angeles Cty., June 3, 2021), is brought to recover
civil penalties arising out of the Defendants' failure to: pay
minimum, regular, and overtime wages; provide meal periods;
authorize and permit paid rest periods; provide accurate itemized
wage statements; timely pay wages due upon separation of
employment; and maintain accurate records.
The complaint alleges that the Defendants failed to pay the
Plaintiff and other aggrieved employees all minimum, regular, and
overtime wages for all hours worked or under the Defendants'
control. The Defendants failed to pay all overtime wages to the
Plaintiff and aggrieved employees because they failed to properly
calculate the regular rate of pay when calculating overtime rates
(time and a half and double-time rates). Specifically, the
Defendants failed to include shift differentials and
non-discretionary bonuses in the regular rate of pay when
calculating overtime.
The Plaintiff worked for Defendants as a non-exempt, hourly-paid
"Registered Nurse" at the Keck Hospital of USC from at least 2016
until her last day of work on July 24, 2020.
The Defendants operate the Keck Medical Center of USC, which
includes two acute care hospitals: Keck Hospital of USC, a 401-bed
acute care hospital, and USC Norris Cancer Hospital, a 60-bed,
cancer-focused hospital.[BN]
The Plaintiff is represented by:
Isam C. Khoury, Esq.
Michael D. Singer, Esq.
Jeff Geraci, Esq.
Rosemary C. Khoury, Esq.
COHELAN KHOURY & SINGER
605 C Street, Suite 200
San Diego, CA 92101
Phone: (619) 595-3001
Facsimile: (619) 595-3000
Email: ikhoury@ckslaw.com
msinger@ckslaw.com
jgeraci@ckslaw.com
rkhoury@ckslaw.com
- and -
Sahag Majarian, Esq.
LAW OFFICES OF SAHAG MAJARIAN II
18250 Ventura Blvd.
Tarzana, CA 91356
Phone: (818) 609-0807
Facsimile: (818) 609-0892
Email: sahagii@aol.com
VITRO FLAT: Romero Files Suit in Cal. Super. Ct.
------------------------------------------------
A class action lawsuit has been filed against Vitro Flat Glass LLC.
The case is styled as Aaron Romero, on behalf of all others
similarly situated, and on behalf of the general public v. Vitro
Flat Glass LLC, Case No. BCV-21-101357 (Cal. Super. Ct., Kern Cty.,
June 15, 2021).
The case type is stated as "Other Employment - Civil Unlimited."
Vitro Flat Glass LLC -- https://www.vitro.com/ -- is located in
Cheswick, Pennsylvania and is part of the Glass & Glass Product
Manufacturing Industry.[BN]
The Plaintiff is represented by:
David T. Mara, Esq.
MARA LAW FIRM, PC
2650 Camino Del Rio N., Ste. 205
San Diego, CA 92108-1631
Phone: 619-234-2833
Fax: 619-234-4048
Email: dmara@maralawfirm.com
ZILLOW INC: Demetres Sues Over Anticompetitive Real Estate Scheme
-----------------------------------------------------------------
AUDREY DEMETRES, individually and on behalf of all others similarly
situated, Plaintiff v. ZILLOW, INC., Defendant, Case No.
3:21-cv-00802 (D. Conn., June 14, 2021) is a class action against
the Defendant for unfair competition and violations of the
Connecticut Unfair Trade Practices Act and the Sherman Act.
According to the complaint, the Defendant is engaged in unfair and
deceptive business model, practices and tactics. The Defendant
relies on premier agents to collect revenue and is incentivized to
re-direct inquiries made to listing agents and skew its design and
interface cues to benefit premier agents. By design, the Defendant
promotes and implements a misleading advertising model as follows:
a prospective buyer is drawn to the Defendant's website for its
stated purpose of making it easier to find a home to buy, but it is
not evident to the prospective buyer that the Defendant is more
interested in connecting that consumer with a broker who has paid a
fee to the Defendant. The Plaintiff and Class members have suffered
losses as a result of the Defendant's alleged conduct.
Zillow, Inc. is an American online real estate marketplace company,
with its principal place of business in Seattle, Washington. [BN]
The Plaintiff is represented by:
William B. Westcott, Esq.
MAYA MURPHY, PC
266 Post Road East
Westport, CT 06880
Telephone: (203) 221-3100
Facsimile: (203) 221-3199
E-mail: Bwestcott@mayalaw.com
*********
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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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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