/raid1/www/Hosts/bankrupt/CAR_Public/210706.mbx
C L A S S A C T I O N R E P O R T E R
Tuesday, July 6, 2021, Vol. 23, No. 128
Headlines
ALASKA AIRLINES: Website Inaccessible to Blind, Hussain Claims
AMNEAL PHARMA: Court Narrows Claims in Zantac-Related Suit
BOFI HOLDING: Filing Extension for Class Cert. Reply Brief Sought
CARRIZO OIL: Chisum Suit Seeks Sending Notice to Consultants
CINCINNATI INSURANCE: Court Amends Scheduling Order in Rieger Suit
CRSC LLC: Filing Extension for Class Cert. Bid Sought
DELTA AIR: Leighton Pension Plan Suit Seeks to Certify Class
DENVER, CO: Judge Approves Class Action Over Response to Protests
DIAMOND NAIL: Seeks Extension for Conditional Class Cert. Orders
DIMENSION SERVICE: Waldron Sues Over Unsolicited Prerecorded Calls
DISTRICT OF COLUMBIA: Extension to File Class Cert. Bid Sought
DJ KITCHEN: Fails to Pay Line Cooks' Overtime Wages, Du Suit Says
DONALD TRUMP: Court Tosses BLM Class Cert. Bid w/o Prejudice
EOG RESOURCES: White Family Seeks to Certify Settlement Class
FIELDWORKS LLC: Mathews Wants to Quash Class Cert. Denial Order
FIRST TRANSIT: Class Cert. Bid Filing Deadline Extended to Oct. 8
FLIGHT MEMPHIS: Underpays Restaurant Staff, Warmack Suit Claims
FORD MOTOR: Court Certifies Class in Tershakovec Suit
GEICO GENERAL: Joint Bid to Continue to Hold Class Cert Order Filed
GREENWAY HEALTH: Altamonte Seeks Initial OK of Settlement Deal
HOWARD NATIONS: Court Junks Gaudet Bid for Class Certification
INMATE SERVICES: Stearns Seeks to Certify Classes & Subclasses
JORGE'S TIRE: Faces Cummings Suit Over Unpaid Overtime Wages
JUDGE GROUP: Misclassifies Recruiters, Katona Suit Claims
KANSAS CITY LIFE: Meeks Seeks to Certify Class of Plan Owners
KROGER COMPANY: Hawkins Wins Initial OK of Class Action Deal
KUCOIN: Williams Suit Seeks to Certify Class
LIFE STRATEGIES: Wihebrink Sues Over Failure to Pay Proper OT
LIGHTNING OILFIELD: FLSA Conditional Cert. Sought in Chappel Suit
LINEQUEST LLC: Seeks to Decertfy Conditional Class in Mondeck Suit
MARKEL AMERICAN: July 16 Summary Judgment Response Filing Sought
MDL 2999: Transfer of 10 Acthar Gel Disputes to N.D. Ill. Denied
MDL 3004: 14 Paraquat Products Liability Suits Moved to S.D. Ill.
MED-DATA: Deadline for Class Cert. Bid Filing Set for May 6, 2022
MERCANTILE ADJUSTMENT: Trimino Sues Over Illegal Collection Letter
NATIONAL COUNSELING: Seeks July 23 Conditional Cert Response Filing
OAKLAND, CA: Hearing on Class Status Bid Continued to Oct. 1
OCWEN LOAN: Torliatt FDCPA Suit Seeks to Certify Class
PRIME NOW: Mabanta Seeks to Certify California Class Claims
QVC INC: Seeks July 28 Extension to File Conditional Cert. Response
RECEIVABLES MANAGEMENT: Dyer Seeks Final OK of Settlement Deal
SOLARA MEDICAL: Maldonado, et al., Seek to Certify Class
STATE FARM: Elegant Massage Seeks Class Certification Hearing
STATE FARM: Ngethpharat Wins Bid for Class Certification
STEELE COUNTY, MN: Coffey Seeks to Certify Class Action
STRADA SERVICES: Reyes Seeks Conditional Cert. of Class
Suit
TAHOE RESOURCES: Nguyen Files Bid for Class Certification
TD AMERITRADE: Ford Renews Bid to Certify Class Action
UNITED PROPANE: Eyes Seeks FLSA Conditional Certification
UNITED STATES: MGFC Seeks to Amend Class Certification
UNITED STATES: Navy Veterans Seek to Certify Class Action
USAA CASUALTY: Black Seeks Time Extension of Class Cert. Bid Filing
WESTON MEMORY: Court Junks Troutman Class Certification Bid
WOODSTREAM CORP: Class Certification Reply Brief Extended to July 9
YAYYO INC: Plaintiffs Seek to Certify Classes in Securities Suit
*********
ALASKA AIRLINES: Website Inaccessible to Blind, Hussain Claims
--------------------------------------------------------------
MOHAMED HUSSAIN, individually and on behalf of all others similarly
situated, Plaintiff v. ALASKA AIRLINES, INC., an Alaska
corporation, and DOES 1 to 10, inclusive, Defendants, Case
No.3:21-cv-04903 (N.D. Cal., June 25, 2021) brings this class
action complaint against the Defendants for their alleged
violations of the Americans with Disabilities Act.
The Plaintiff is a visually-impaired and legally blind individual
who requires screen-reading software to read website content using
his computer.
The Plaintiff claims that the Defendant's website has multiple
access barriers which he has encountered during his numerous visits
to the website in an attempt to navigate the Defendant's website.
These access barriers have denied him full and equal access to the
Defendant's facilities, goods and services offered to the public
and made available to the public on its website. Specifically, the
access barriers have deterred him from visiting the Defendant's
terminal locations and company store, the Plaintiff says.
The Plaintiff alleges that the Defendant has engaged in acts of
intentional discrimination due to its failure to comply with Web
Content Accessibility Guidelines 2.1 which would provide him and
other similarly situated visually-impaired and legally blind
consumers with equal access to the website.
Alaska Airlines, Inc. is an airline company that operates the
website https://www.alaskaair.com/ that provides consumers with
access to flights with a route system that spans over 115+
destinations and four countries. [BN]
The Plaintiff is represented by:
Thiago Coelho, Esq.
Jasmine Behroozan, Esq.
WILSHIRE LAW FIRM
3055 Wilshire Blvd., 12th Floor
Los Angeles, CA 90010
Tel: (213) 381-9988
Fax: (213) 381-9989
E-mail: thiago@wilshirelawfirm.com
jasmine@wilshirelawfirm.com
AMNEAL PHARMA: Court Narrows Claims in Zantac-Related Suit
----------------------------------------------------------
In the class action lawsuit RE: ZANTAC (RANITIDINE) PRODUCTS
LIABILITY LITIGATION, Case No. 9:20-md-02924-RLR (S.D. Fla.), the
Court entered an order that the Defendants' Omnibus Motion to
Dismiss and/or Strike Consolidated Medical Monitoring Class Action
Complaint and Consolidated Amended Consumer Class Action Complaint
be granted in part and denied in part.
1. In the MMC, the Plaintiffs' Montana medical monitoring
Counts
are dismissed with prejudice. The remaining Counts in the
MMC
are dismissed without prejudice and with leave to amend
consistent with this Order.
2. In the ELC, Counts 2-71 and 409-1062 are dismissed without
prejudice and with leave to amend consistent with this
Order.
3. Leave to amend is granted as to the MMC and the ELC. The
Court will further address the Plaintiffs' leave to amend and
describe the process for that amendment in a future order.
A copy of the Court's order dated June 30, 2021 is available from
PacerMonitor.com at https://bit.ly/3yllKv0 at no extra charge.[CC]
BOFI HOLDING: Filing Extension for Class Cert. Reply Brief Sought
-----------------------------------------------------------------
In the class action lawsuit re: BofI HOLDING, INC. SECURITIES
LITIGATION, Case No. 3:15-cv-02324-GPC-KSC (S.D. Cal.), the Parties
submit a joint motion for extension of time for Plaintiff to file
its reply brief in support of its Motion for Class Certification.
The Parties jointly request that the Court extend Plaintiff's time
to file its reply brief in support of its motion for class
certification by seven days, from July 16, 2021, to July 23, 2021.
The requested extension will not impact any other dates in the
schedule, as the hearing on the motion is set for August 20, 2021.
The parties have not previously requested a continuance for any
dates set by the Court's current Scheduling Order.
The Parties have good cause for the modest extension of time. The
Defendants' class certification expert, Dr. David Smith, has
limited availability to be deposed by Plaintiff in advance of the
current July 16 reply deadline. The Defendants filed 17 their
opposition to Plaintiff's class certification motion on Friday,
June 25, 2011, which was supported by an expert report from Dr.
Smith.
On Monday, June 28, 2021, Plaintiff asked for Dr. Smith's
availability to be deposed on July 12, in advance of Plaintiff's
reply brief due July 16. On July 1, 2021, Defendants' counsel
notified Plaintiff that Dr. Smith was on vacation and unavailable
the week of July 12 to be deposed, and was available for a full day
of deposition only on Saturday, July 10 or Friday, July 9.
Dr. Smith's limited availability, Defendants offered him to be
deposed the week of July 19, and offered to stipulate to extend the
deadline for Plaintiff to file a reply by seven days, to July 23,
2021. The Plaintiff agreed any deposition of Dr. Smith would occur
the week of July 19 and agreed to the seven-day extension proposed
by the Defendants.
A copy of the Parties motion dated July 2, 2021 is available from
PacerMonitor.com at https://bit.ly/2UZeztM at no extra charge.[CC]
Counsel for the Lead Plaintiff Houston Municipal Employees Pension
System and Lead Counsel for the Proposed Class, are:
Richard M. Heimann, Esq.
Katherine Lubin Benson, Esq.
Michael K. Sheen, Esq.
Daniel P. Chiplock, Esq.
Michael J. Miarmi, Esq.
Jessica A. Moldovan, Esq.
LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
275 Battery Street, 29th Floor
San Francisco, CA 94111-3339
Telephone: (415) 956-1000
Facsimile: (415) 956-1008
E-mail: rheimann@lchb.com
kbenson@lchb.com
msheen@lchb.com
dchiplock@lchb.com
mmiarmi@lchb.com
jmoldovan@lchb.com
CARRIZO OIL: Chisum Suit Seeks Sending Notice to Consultants
------------------------------------------------------------
In the class action lawsuit captioned as DON CHISUM, Individually
and For Others Similarly Situated, v. CARRIZO OIL & GAS, INC.,
CALLON PETROLEUM COMPANY, and CALLON PETROLEUM OPERATING COMPANY,
Case No. 4:20-cv-00051-DC-DF (W.D. Tex.), the Plaintiff asks the
Court to enter an order granting authorization to send notice to:
"All operations consultants employed by, or working on
behalf of, Carrizo or Callon who were classified as
independent contractors and paid a day-rate with no overtime
during the past three (3) years from January 26, 2021 (the
Putative Class Members)."
The Defendants Carrizo Oil, Callon Petroleum Company, and Callon
Petroleum Operating Company classified all putative class members
as independent contractors and paid them a day rate.
The Chisum's proposed class is similarly situated because
Defendants imposed a uniform common pay practice on them, the
Plaintiff contends.
The Defendants applied its practice of hiring consultants through
staffing companies, classifying them as independent contractors,
and paying them a day rate with no overtime without regard to their
job positions, duties, supervisors, staffing company, or any other
individualized factor. This challenged single pay practice and
classification status makes collective treatment appropriate. The
material issues common to the entire class can be resolved together
without having to take into consideration facts unique to each
consultant, the Plaintiff adds.
A copy of the Plaintiff's motion to certify class dated July 2,
2021 is available from PacerMonitor.com at https://bit.ly/3wc8tmZ
at no extra charge.[CC]
The Plaintiff is represented by:
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
Richard M. Schreiber, Esq.
JOSEPHSON DUNLAP, LLP
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Telephone: (713) 352-1100
Facsimile: (713) 352-3300
E-mail: mjosephson@mybackwages.com
adunlap@mybackwages.com
rschreiber@mybackwages.com
- and -
Richard J. (Rex) Burch
BRUCKNER BURCH PLLC
11 Greenway Plaza, Ste. 3025
Houston, TX 77046
Telephone: (713) 877-8788
Facsimile: (713) 877-8065
E-mail: rburch@brucknerburch.com
CINCINNATI INSURANCE: Court Amends Scheduling Order in Rieger Suit
------------------------------------------------------------------
In the class action lawsuit captioned as Jacob Rieger & Company,
LLC et al. v. The Cincinnati Insurance Company, Inc., Case No.
4:20-cv-00681 (W.D. Mo.), the Hon. Judge Stephen R. Bough entered
an order granting the parties' joint motion to amend scheduling
order.
1. The Plaintiffs shall designate their expert witnesses on or
before September 1, 2021;
2. The Defendant shall designate its expert witnesses on or
before November 15, 2021;
3. The Plaintiffs' motion for class certification shall be filed
on or before December 1, 2021;
4. The Defendant's opposition brief to the motion for class
certification shall be filed on or before January 5, 2021;
5. The Plaintiffs' reply brief to the motion for class
certification shall be filed on or before January 26, 2021.
The nature of suit states contract -- insurance involving
diversity-contract dispute.
The Cincinnati Insurance operates exclusively through an elite
corps of 966 local independent agencies in 31 states.[CC]
CRSC LLC: Filing Extension for Class Cert. Bid Sought
-----------------------------------------------------
In the class action lawsuit captioned as JAMIE HERNANDEZ,
Individually and on Behalf of All Others Similarly Situated, v.
CRSC, LLC, Case No. 2:21-cv-00632-JTM-JVM (E.D. La.), the Plaintiff
asks the Court to enter an order for an extension of his deadline
under Local Rule 23.1(b) to file his motion of class certification
under F.R.C.P. 23.
The Plaintiff request that the Court extend Plaintiff's deadline to
file their Motion for Class Certification and allow a period of
discovery prior to the same deadline. This is Plaintiffs' first
request to extend this deadline and the requested extension will
not affect any pending deadlines with the Court.
A copy of the Plaintiff's motion dated July 2, 2021 is available
from PacerMonitor.com at https://bit.ly/3Awcm9o at no extra
charge.[CC]
The Plaintiff is represented by:
William R. Liles, Esq.
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
JOSEPHSON DUNLAP LLP
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Telephone: (713) 352-1100
Facsimile: (713) 352-3300
E-mail: adunlap@mybackwages.com
wliles@mybackwages.com
- and -
Scott E. Brady, Esq.
Philip Bohrer, Esq.
BOHRER BRADY, LLC
8712 Jefferson Highway, Suite B
Baton Rouge, LA 70809
Telephone: (225) 925-5297
Facsimile: (225) 231-7000
E-mail: phil@bohrerbrady.com
scott@bohrerbrady.com
DELTA AIR: Leighton Pension Plan Suit Seeks to Certify Class
------------------------------------------------------------
In the class action lawsuit captioned as Timothy Leighton, et al.,
v. Delta Air Lines, Inc., et al., Case No. 0:19-cv-01089-JNE-TN (D.
Minn.), the Plaintiff asks the Court to enter an order certifying
the following class:
"All persons who: (a) are participants of the Northwest
Airlines Pension Plan for Contract Employees; (b) settled
workers' compensation claims against Delta or Northwest for a
lump sum payment; (c) entered settlement agreements that
lacked terms stipulating to a reduction of pension benefits
based on the lump sum payment; and (d) had or will have their
pension benefits reduced by an amount calculated using the
lump sum payment."
The Plaintiffs also move the Court for an Order:
1. certifying the class for claims of: (a) recovering
benefits due under the Northwest Airlines Pension Plan for
Contract Employees; and (b) clarifying rights to future
benefits under the Plan;
2. appointing Timothy Leighton, John Taney, Arlen Orth,
Richard Terry, and William Wallace as class
representatives;
3. appointing J. Ashwin Madia, Zane Umsted, and the law firm
of Madia Law LLC as class counsel.
Delta is one of the major airlines of the United States and a
legacy carrier. It is headquartered in Atlanta, Georgia.
A copy of the Plaintiff's motion to certify class dated July 1,
2021 is available from PacerMonitor.com at https://bit.ly/3qPdl03
at no extra charge.[CC]
The Plaintiffs are represented by:
J. Ashwin Madia, Esq.
Zane Umsted, Esq.
MADIA LAW LLC
323 Washington Ave. N., Ste 200
Minneapolis, MN 55401
Telephone: (612) 349-2729
Facsimile: (612) 235-3357
E-mail: jamadia@madialaw.com
zaumsted@madialaw.com
DENVER, CO: Judge Approves Class Action Over Response to Protests
-----------------------------------------------------------------
Evan Vega at a federal court has given the go-ahead to a class
action lawsuit against the city of Denver and individual police
officers in the wake of law enforcement's vigorous response to the
racial justice protests in the summer of 2020.
U.S. District Court Judge R. Brooke Jackson agreed, an estimated
300 people present during the demonstrations in downtown Denver
between May 30 and June 5 last year for curfew violations or
Failure to be arrested was granted class status a lawful order.
These people were all in custody and detained, but their charges
were later released.
Jackson noted that all protesters in the class were treated
similarly and that a number of legal issues needed to be resolved
together. Legal concerns included the constitutionality of the
curfew, whether the police violated the First and Fourth Amendments
to the Constitution, and whether the police only arrested
protesters and not other civilians.
Elizabeth Wang of Loevy & Loevy, one of the lawyers representing
the group of those arrested, said the city had not attempted to
settle the lawsuit but was "always happy" to discuss the option of
a settlement. In the process, the question of liability would
precede an assessment of the damage.
"Was this curfew unconstitutional, either in appearance or in use?
Was it a city policy? Those are the questions a jury would answer,
and if the jury finds the curfew unconstitutional, the city is
liable," she said .
Plaintiffs, in their amended complaint filed in February, argued
that Denver officials behaved like "a roving gang cosplaying as an
occupation force" during the demonstrations. There were several
testimonies from people who were arrested or injured by the
police.
"I was arrested for breaking the curfew and not following a lawful
order, despite not receiving a lawful order," said Claire Andrea
Sannier, who was reportedly detained for 36 hours.
"I was eventually put in a police car. I found it very difficult to
breathe because I have asthma and was hit by tear gas and
pepperballs," added Kelsey Taylor, who said she was arrested at the
intersection of 14th Avenue and Broadway while he was there
kneeling with other protesters.
Sannier and Taylor are the class representatives, which means a
jury will hear their claims on behalf of all members of the
arrested class.
However, the judge declined to allow any other class action
lawsuit. Plaintiffs had also alleged unconstitutional use of force
when police shot down projectiles or used atomized chemicals on
demonstrators that did not pose an imminent threat. Jackson found
it too difficult to find all members of this group and inform them
of the litigation.
"I can not imagine how supposed" [potential] Class members would be
identified as being present at the specific intersections at the
specific dates and times without individualized fact-finding, "he
wrote in his order. "Whichever way I look at it, it appears that
identifying potential members for the Direct Force classes would be
a significant administrative burden for this court."
The ACLU of Colorado and the law firm Arnold & Porter Kaye Scholer
represent the plaintiffs suing for violence. Wang said both sets of
lawsuits will be tried in March 2022. The amended lawsuit calls for
monetary damages as well as changes in the way the Denver police
force dealt with peaceful protesters.
A city spokesman did not immediately respond to a request for
comment on the litigation. In their opposition to admitting the
lawsuit as a class action, the defendants argued that the Denver
police force was reacting to civil unrest using "violence against
police officers and private and public property" including
explosives.
"The dangerous situations caused by these illegal activities
created the need to disperse the crowds," the Denver City District
Attorney wrote to the court. "DPD enforced the emergency curfew
consistently and legally and gave the demonstrators enough time to
disperse and comply with the curfew."
After the murder of George Floyd on May 25, 2020 in Minneapolis,
protesters in Denver and around the world protested police
brutality. On May 30, Mayor Michael Hancock introduced a nightly
curfew at 8:00 pm and referred to agitators who "do not represent"
Denver.
"What is the effect of this pointless destruction?" said Hancock at
the time. "Whose life do you honor when you loot shops in our
city?"
Six days later, Jackson stopped using certain law enforcement
tactics in response to the Denver protests. He banned police from
shooting projectiles indiscriminately in crowds or at people's
heads, ordered the order to disperse before using chemical
irritants, and required police officers to personally witness an
act of violence before using chemical or projectile weapons. The
curfew expired that same day and the city later denied all
allegations related to the curfew.
A judge earlier sentenced former Minneapolis police officer Derek
Chauvin to 22.5 years in prison after a jury found him guilty of
Floyd's murder. [GN]
DIAMOND NAIL: Seeks Extension for Conditional Class Cert. Orders
----------------------------------------------------------------
In the class action lawsuit captioned as SHANGMING LU and MARIA
OLGA LLIGUICOTA, on behalf of themselves and on behalf of others
similarly situated, v. DIAMOND NAIL SALON, LLC d/b/a Diamond Nail &
Spa, GREENWICH NAILS & SPA, LLC d/b/a Diamond Nail & Spa, GREENWICH
DIAMOND NAILS & SPA INC. d/b/a Diamond Nail & Spa, GUI BIAO QI
a/k/a Guibiao Qi a/k/a Leo Qi, ELAINE BAO a/k/a Elaine Ying Bao
a/k/a Elaine Y Bao a/k/a Ying Bao a/k/a Helen Bao a/k/a Ellen Bao,
and JOSE F. ROJAS, Case No. 3:19-cv-02017-VAB (D. Conn.), the
Defendants ask the Court to enter an order for an
extension of time of up to 30 days beyond the latter of:
(1) the Plaintiffs effectuating service of the Amended
Complaint on the newly named Defendants; and
(2) disposition of the motion to reconsider the Court's
orders filed at ECF 75, 76, 77, 78 and 79 should
reconsideration not render the need for any extension
moot.
Four primary factors warrant the extension of time sought.
First, Defendants' counsel is presently drafting a motion to
reconsider to be filed this week that will likely obviate the need
to take additional steps toward completing conditional class
certification. The Defendants' position is that the Court has
overlooked matters that have been decided and which have
effectively ended this case. Second, the newly named Defendants
have not been served and are not represented. Third is the issue of
Plaintiff Lu's settlement. Finally, the Defendants have been given
an inadequate amount of time to pull records that may longer exist
and will require several months to ascertain their: (1) whereabouts
should the exist; (2) past and present custodians to the extent
they are not readily or immediately available; and (3) what
language said records happen to be in, which may require
translation.
A copy of the Defendants' motion dated July 1, 2021 is available
from PacerMonitor.com at https://bit.ly/36c2y6J at no extra
charge.[CC]
The Plaintiffs are represented by:
John Troy, Esq.
Aaron Schweitzer, Esq.
TROY LAW, PLLC
41-25 Kissena Blvd., Suite 103
Flushing, NY 11355
Telephone: (718) 762-2332
E-mail: johntroy@troypllc.com
johntroy@troypllc.com
The Defendants are represented by:
Paulus Chan, Esq.
157 Forest Hill Road
North Haven, CT 06473
Telephone: (860) 250-9536
E-mail: phc_ssg@yahoo.com
DIMENSION SERVICE: Waldron Sues Over Unsolicited Prerecorded Calls
------------------------------------------------------------------
ROMAN WALDRON, individually and on behalf of others similarly
situated, Plaintiff v. DIMENSION SERVICE CORPORATION, Defendant,
Case No. 2:21-cv-03803-EAS-CMV (S.D. Ohio, June 25, 2021) brings
this class action complaint against the Defendant seeking for
damages, statutory damages, and injunctive relief for the
Defendant's alleged violations of the Telephone Consumer Protection
Act.
The Plaintiff claims that the Defendant placed multiple prerecorded
calls to his telephone number (217) 414-XXXX, that was on the
National Do Not Call Registry, in February 2021 in an attempt to
solicit and promote its services. Aside from the prerecorded calls,
the Plaintiff also received a warranty packet in the mail from the
Defendant. The Plaintiff did not provide the Defendant his prior
express consent to be contacted with prerecorded calls, which
allegedly has invaded his privacy and intruded upon his right to
seclusion.
Dimension Service Corporation sells vehicle service warranty
contracts. [BN]
The Plaintiff is represented by:
Brian K. Murphy, Esq.
Jonathan P. Misny, Esq.
MURRAY MURPHY MOUL + BASIL LLP
1114 Dublin Road
Columbus, OH 43215
Tel: (614) 488-0400
Fax: (614) 488-0401
E-mail: murphy@mmmb.com
misny@mmmb.com
DISTRICT OF COLUMBIA: Extension to File Class Cert. Bid Sought
--------------------------------------------------------------
In the class action lawsuit captioned as HINTON v. DISTRICT OF
COLUMBIA, Case No. 1:21-cv-01295 (D.D.C.), the Plaintiff asks the
Court to enter an order for an extension of time to file
response/reply as to motion for preliminary injunction, motion to
certify class, and motion to appoint lead counsel.
The nature of suit states Prisoner Petitions -- Habeas Corpus --
Civil Rights.
Washington, DC, the U.S. capital, is a compact city on the Potomac
River, bordering the states of Maryland and Virginia. It's defined
by imposing neoclassical monuments and buildings -- including the
iconic ones that house the federal government's 3 branches: the
Capitol, White House and Supreme Court. It's also home to iconic
museums and performing arts venues such as the Kennedy Center.[CC]
DJ KITCHEN: Fails to Pay Line Cooks' Overtime Wages, Du Suit Says
-----------------------------------------------------------------
YONG DU, XIAOYING LUO, individually and on behalf of all other
employees similarly situated, Plaintiff v. DJ KITCHEN LLC d/b/a DJ
KITCHEN, Nan Zhao aka Lan Zhao, Joe Chen, "A Ming", Defendants,
Case No. 2:21-cv-02847 (E.D. Penn., June 26, 2021) is a collective
and class action complaint brought against the Defendants for their
alleged willful violations of the Fair Labor Standards Act and the
Pennsylvania Wage Payment and Collection Law.
The Plaintiffs have worked for the Defendants as line cooks.
According to the complaint, the Plaintiffs and all other similarly
situated employees worked more than 40 hours per week during their
employment with the Defendants. However, the Defendants did not
properly compensate them for all the overtime hours they performed
work at the federally mandated overtime rate. The Defendant also
failed to accurately record actual hours worked by its employees.
Moreover, the Defendants willfully and unlawfully retaliated
against the Plaintiff for complaining of not being compensated for
the additional hours of overtime, the suit alleges.
DJ Kitchen LLC operates a restaurant. The Individual Defendants are
the owners, officers, shareholders, and managers of the Corporate
Defendant. [BN]
The Plaintiffs are represented by:
Jian Hang, Esq.
HANG & ASSOCIATES, PLLC
136-20 38th Avenue, Suite 10G
Flushing, NY 11354
Tel: (718) 353-8588
Fax: (718) 353-6288
E-mail: jhang@hanglaw.com
DONALD TRUMP: Court Tosses BLM Class Cert. Bid w/o Prejudice
------------------------------------------------------------
In the class action lawsuit captioned as BLACK LIVES MATTER D.C. et
al., v. TRUMP et al., Case No. 1:20-cv-01469 (D.D.C.), the Hon.
Judge Dabney L. Friedrich entered an order:
-- denying the class certification motion without prejudice,
and permitting the plaintiffs to refile the motion when it
is ready for resolution;
-- granting the plaintiffs leave to refile the motion for
class certification, pursuant to Local Rule 23.1(b),
anytime on or before October 2, 2021.
The nature of Suit states civil rights involving neglect of duty.
Donald John Trump is an American media personality and businessman
who served as the 45th president of the United States from 2017 to
2021. Born and raised in Queens, New York City, Trump attended
Fordham University and the University of Pennsylvania, graduating
with a bachelor's degree in 1968.[CC]
EOG RESOURCES: White Family Seeks to Certify Settlement Class
-------------------------------------------------------------
In the class action lawsuit captioned as WHITE FAMILY MINERALS,
LLC, v. EOG RESOURCES, INC., Case No. 6:19-cv-00409-RAW (E.D.
Okla.), the Plaintiff asks the Court to enter an order:
1. certifying the Settlement Class for settlement purposes;
2. preliminarily approving the Settlement;
3. appointing the Plaintiff as Class Representative of the
Settlement Class;
4. appointing Nix Patterson, LLP and Ryan Whaley Coldiron
Jantzen Peters & Webber PLLC as Class Counsel for the
Settlement Class, and Whitten Burrage and Barnes & Lewis,
LLP as liaison local counsel for the Settlement Class;
5. approving the form and manner of providing notice of the
Settlement to the Settlement Class;
6. appointing a Settlement Administrator; and
7. setting a hearing date for final approval of the
Settlement and application for an award of Attorneys'
Fees, Litigation Expenses, and Case Contribution Award to
Plaintiff.
EOG Resources is an American energy company engaged in hydrocarbon
exploration. It is organized in Delaware and headquartered in the
Heritage Plaza building in Houston, Texas.
A copy of the Plaintiff's motion to certify class dated July 2,
2021 is available from PacerMonitor.com at https://bit.ly/3jJWfz5
at no extra charge.[CC]
The Plaintiff is represented by:
Bradley E. Beckworth, Esq.
Jeffrey J. Angelovich, Esq.
Lisa Baldwin, Esq.
Andrew G. Pate, Esq.
Trey Duck, Esq.
Winn Cutler, Esq.
NIX PATTERSON, LLP
3600 N. Capital of Texas Hwy.
Bldg. B, Suite 350
Austin, TX 78746
Telephone: (512) 328-5333
Facsimile: (512) 328-5335
E-mail: bbeckworth@nixlaw.com
jangelovich@nixlaw.com
lbaldwin@nixlaw.com
dpate@nixlaw.com
tduck@nixlaw.com
winncutler@nixlaw.com
- and -
Susan Whatley, Esq.
NIX PATTERSON, LLP
P.O. Box 178
Linden, TX 75563
Telephone: (903) 215-8310
E-mail: swhatley@nixlaw.com
- and -
Patrick M. Ryan, Esq.
Phillip G. Whaley, Esq.
Jason A. Ryan, Esq.
Paula M. Jantzen, Esq.
RYAN WHALEY COLDIRON
JANTZEN PETERS & WEBBER PLLC
900 Robinson Renaissance
119 North Robinson
Oklahoma City, OK 73102
Telephone: (405) 239-6040
Facsimile: (405) 239-6766
E-mail: pryan@ryanwhaley.com
pwhaley@ryanwhaley.com
jryan@ryanwhaley.com
pjantzen@ryanwhaley.com
- and -
Michael Burrage, Esq.
WHITTEN BURRAGE
512 N. Broadway Ave, Suite 300
Oklahoma City, OK 73102
Telephone: (405) 516-7800
Facsimile: (405) 516-7859
E-mail: mburrage@whittenburragelaw.com
- and -
Robert N. Barnes, Esq.
Patranell Lewis, Esq.
Emily Nash Kitch, Esq.
BARNES & LEWIS, LLP
208 N.W. 60th Street
Oklahoma City, OK 73118
Telephone: (405) 843-0363
Facsimile: (405) 843-0790
E-mail: rbarnes@barneslewis.com
plewis@barneslewis.com
ekitch@barneslewis.com
FIELDWORKS LLC: Mathews Wants to Quash Class Cert. Denial Order
---------------------------------------------------------------
In the class action lawsuit captioned as MICHAEL MATHEWS,
Individually and on Behalf of All Others Plaintiff, v. FIELDWORKS,
LLC, Case No. 5:20-cv-06057-RK (W.D. Mo.), the Plaintiff asks the
Court to enter an order setting aside the denial of class
certification which was based on error of law and fact.
On or about January 8, 2021, the Plaintiff filed a Motion and
Memorandum in Support of Class Certification. In an Order issued
June 23, 2021, the Court held, in relevant part, that Plaintiff's
Motion for Class Certification of the proposed Adverse Action claim
failed because demonstrating prima facia liability would depend on
an individualized showing whether the basis of the adverse action
as to each class member was the Consumer Report or another source.
This is in error. There is no evidence before this Court indicating
that the Defendant's decisions to take an Adverse Action against
the Plaintiff and the proposed class were based on anything other
than a Consumer Report. This case is not like Martinez v. Triple S
Properties wherein this Court denied certification because the
Defendant sometimes took an Adverse Action based on lease
applications and public records without ever considering an
applicant's Consumer Report.
A copy of the Plaintiff's motion dated July 2, 2021 is available
from PacerMonitor.com at https://bit.ly/3xiERWi at no extra
charge.[CC]
The Plaintiff is represented by:
Jayson A. Watkins, Esq.
Charles Jason Brown, Esq.
Brown & Watkins LLC
301 S. US 169 Hwy
Gower, MO 64454
Telephone: (816) 424-1390
Facsimile: (816) 424-1337
E-mail: watkins@brownandwatkins.com
FIRST TRANSIT: Class Cert. Bid Filing Deadline Extended to Oct. 8
-----------------------------------------------------------------
In the class action lawsuit captioned as FRANK CUELLAR,
individually and on behalf of other persons similarly situated and
similarly aggrieved employees, v. FIRST TRANSIT, INC., an active
Ohio Corporation, and DOES 1 through 10, Case No.
8:20-cv-01075-JWH-JDE (C.D. Cal.), the Hon. Judge John W. Holcomb
entered an order that:
1. The Plaintiff's class certification motion filing
deadline, currently set for August 6, 2021, is continued
to October 8, 2021.
2. The Defendant's opposition filing deadline, currently set
for September 24, 2021, is continued to November 24, 2021.
3. The Plaintiff's reply filing deadline, currently set for
October 22, 2021, is continued to December 23, 2021.
4. The hearing on the class certification motion, currently
proposed for November 19, 2021, is continued and set for
January 21, 2022, at 9:00 a.m.
First Transit is a United States-based subsidiary of FirstGroup.
Headquartered in Cincinnati, Ohio, First Transit operates over 300
locations, carrying more than 350 million passengers annually
throughout the United States in 39 states, Puerto Rico, Panama,
India and four Canadian provinces.
A copy of the Court's order dated July 2, 2021 is available from
PacerMonitor.com at https://bit.ly/3hBeWm3 at no extra charge.[CC]
The Plaintiff is represented by:
Zorik Mooradian, Esq.
Haik Hacopian, Esq.
zorik@mooradianlaw.com
haik@mooradianlaw.com
MOORADIAN LAW, APC
24007 Ventura Blvd., Suite 210
Calabasas, CA 91302
Telephone: (818) 487-1998
Facsimile: (888) 783-1030
The Defendant is represented by:
David J. Dow, Esq.
Brittany L. McCarthy, Esq.
Jocelyn D. Hannah, Esq.
LITTLER MENDELSON, P.C.
501 W. Broadway, Suite 900
San Diego, CA 92101.3577
Telephone: (619) 232.0441
Facsimile: (619) 232.4302
E-mail: ddow@littler.com
blmcarthy@littler.com
jhannah@littler.com
FLIGHT MEMPHIS: Underpays Restaurant Staff, Warmack Suit Claims
---------------------------------------------------------------
The case, ABIGAIL WARMACK, individually and on behalf of all
similarly situated persons, Plaintiff v. FLIGHT MEMPHIS, LLC,
GERMANTOWN HOLDINGS, LLC, PARK VIEW, LLC, MADISON AVENUE HOLDINGS,
LLC, THOMAS POWERS, and RUSS GRAHAM, Defendants, Case No.
2:21-cv-02431-TLP-atc (W.D. Tenn., June 25, 2021) challenges the
Defendants' alleged unlawful pay policies and practices that
violated the Fair Labor Standards Act.
The Plaintiff, who was employed by the Defendants as a server,
bartender, and hostess, brings this complaint as a collective
action alleging that the Defendants failed to properly compensate
her and other similarly situated tipped employees for all hours
they worked. Purportedly, the Defendants had a centralized, uniform
and common plan, policy and practice of willfully refusing to pay
its tipped employees minimum wage for at least the applicable
minimum wage rate for all "dual occupation" job duties that are
tangentially related to their tipped-occupation. Despite regularly
working more than 40 hours per week, the Defendants did not pay
them their lawfully earned overtime compensation at the federally
mandated overtime rate for all hours worked in excess of 40 when
they combined hours working as a hosts/hostess and tipped
employees, the Plaintiff asserts.
The Corporate Defendants operate restaurants owned by Thomas
Powers. Russ Graham was a former business partner of Defendant
Powers. [BN]
The Plaintiff is represented by:
Gordon E. Jackson, Esq.
J. Russ Bryant, Esq.
Robert E. Turner, Esq.
Robert E. Morelli, Esq.
B. Alan Matthews, Esq.
JACKSON, SHIELDS, YEISER, HOLT
OWEN & BRYANT
262 German Oak Drive
Memphis, TN 38018
Tel: (901) 754-8001
Fax: (901) 759-1745
E-mail: gjackson@jsyc.com
rbryant@jsyc.com
rturner@jsyc.com
rmorelli@jsyc.com
amatthews@jsyc.com
FORD MOTOR: Court Certifies Class in Tershakovec Suit
-----------------------------------------------------
In the class action lawsuit captioned as GEORGE TERSHAKOVEC, DIANA
TERSHAKOVEC, JACQUES RIMOKH, HERBERT ALLEY, MICHAEL DELAGARZA,
ATTILA GONDAN, ERIC KAMPERMAN, GREG ROBERTS, RICHARD KOWALCHIK,
TRAVIS MCRAE, MICHAEL MCCURRY, MARK HOCHSPRUNG, JOHN AUBREY, JOSE
CRUZ, ERIC EVANS, BYRON HARPER, and TODD NEWTON, individually and
on behalf of all others similarly situated, v. FORD MOTOR COMPANY,
Case No. 1:17-cv-21087-FAM (S.D. Fla.), the Court entered an
order:
1. granting Ford summary judgment on Plaintiffs' claims concerning
the occurrence of Limp Mode on public roads, all of Plaintiff
Cruz's claims, the express and implied warranty claims of
Plaintiffs Roberts, Hochsprung, Kowalchik, and Porter, as well as
the express warranty claims of any class members who did not
fulfill their presentment and notice obligations. It denies summary
judgment on all other claims.
2. certifying nine state law classes and Magnuson-Moss classes in
Texas and California under Rule 23(b)(3). The class is defined as:
"All persons who purchased a Class Vehicle from a Ford-
authorized dealer or distributor located in [insert state
here] before April 1, 2016."
The Court said, "The class certification decision was closer than
the summary judgment decision. Ford raises the valid concern that
Plaintiffs cannot prove elements of their claims, such as reliance,
on a classwide basis and the valid concern that it will seek to
raise unique affirmative defenses for each class member. But
Plaintiffs have done enough to show that these facts permit
presumptions of reliance and that Ford's evidence of potential
affirmative defenses is not strong enough to defeat the
predominance of common issues. Requiring every issue to be common
would defeat the utility of the class action device. Thus, with the
class definition set out by the Court above, the Court certifies
statutory and common law fraud classes in California, Florida,
Illinois, New York, and Washington; statutory fraud classes in
Missouri and Texas; common law fraud classes in Oregon and
Tennessee; and implied warranty and Magnuson-Moss classes in
California and Texas. Grossman, Roth, Yaffa, and Cohen and Hagens
Berman are appointed as class counsel and are directed to give
absent class members appropriate notice under Rule 23."
The Plaintiffs are purchasers of Defendant Ford's Shelby GT350
Mustang car. The Shelby Mustang is a performance version of the
standard Mustang. It is several cuts above both the base version of
the Mustang and the Mustang GT (which has a V8 engine). Only true
car enthusiasts opt for the Shelby GT350, and they do so mainly for
its racing and track capabilities. In fact, the
name "Shelby" comes from Carroll Shelby, a race car driver and
designer for Ford in the mid-20th century. Indeed, Ford touted the
Shelby as "an all-day track car that is also street legal."
A copy of the Court's order dated July 1, 2021 is available from
PacerMonitor.com at https://bit.ly/2UkQj55 at no extra charge.[CC]
GEICO GENERAL: Joint Bid to Continue to Hold Class Cert Order Filed
-------------------------------------------------------------------
In the class action lawsuit Re: GEICO GENERAL INSURANCE COMPANY,
Case No. 4:19-cv-03768-HSG (N.D. Cal.), the Parties filed a joint
motion requesting that the Court continue to hold in abeyance any
orders on Plaintiffs' Motion for Class Certification until July 26,
2021, as the Parties are presently engaged in substantive
settlement negotiations.
On September 11, 2020, the Plaintiffs filed a Motion for Class
Certification. Class Certification was fully briefed on January 13,
2021. On January 21, 2021, the Court held a hearing on
Plaintiffs’ Class Certification Motion. On April 30, 2021, the
Parties jointly moved the Court to hold in abeyance any orders on
Plaintiffs' Motion for Class Certification until July 5, 2021, to
allow the parties to engage in settlement discussions. The Court
granted the Parties motion on May 3, 2021.
A copy of Parties motion dated July 2, 2021 is available from
PacerMonitor.com at https://bit.ly/3jDIjXA at no extra charge.[CC]
The Defendant is represented by:
Kymberly Kochis, Esq.
Alexander Fuchs, Esq.
Ian S. Shelton, Esq.
EVERSHEDS SUTHERLAND (US) LLP
1114 Avenue of the Americas, 40th Floor
New York, NY 10036
Telephone: (212) 389-5000
Facsimile: (212) 389-5099
E-mail: kymkochis@eversheds-sutherland.com
alexfuchs@eversheds-sutherland.com
ianshelton@eversheds-sutherland.com
- and -
Joseph R. Ashby, Esq.
ASHBY LAW FIRM P.C.
1055 West Seventh Street, 33rd Floor
Los Angeles, CA 90017
Telephone: (213) 393-6235
E-mail: joseph@ashbylawfirm.com
GREENWAY HEALTH: Altamonte Seeks Initial OK of Settlement Deal
--------------------------------------------------------------
In the class action lawsuit captioned as ALTAMONTE PEDIATRIC
ASSOCIATES, P.A., a Florida Corporation, v. GREENWAY HEALTH, LLC, a
Delaware Limited Liability Company, Case No. 8:20-cv-00604-VMC-JSS
(M.D. Fla.), the Plaintiff asks the Court to enter an order:
1. granting preliminary approval of the Settlement Agreement;
2. granting leave to file the proposed amended complaint
filed simultaneously herewith and deem it to be filed as
of the date of the Court's order on this motion;
3. provisionally certify this case as a class action with the
Settlement Class (1) defined as Any Greenway customer who
purchased any software bundle that included Prime Suite,
purchased any software bundle that included the Intergy
EHR, or paid Greenway for a Data Retrieval, (2) running
from October 4, 2010 until the date of the Court's order
on this motion, and (3) excluding customers who previously
entered into individual settlements that release the
breach of contract and other claims asserted in the Class
Actions and any judges to whom the Class Actions are
assigned, and any member of such judges' immediate
families;
4. appoint Plaintiffs Altamonte Pediatric Associates,
P.A., Pulmonary Associates of Charleston PLLC,
Neurological Specialties of West County, Inc., Medlock
Pediatrics, P.C., C.R. Magness, M.D., and Valley OB-GYN
Clinic P.C. as class representatives of the Settlement
Class;
5. appointing Jonathan D. Selbin of Lieff Cabraser Heimann &
Bernstein, LLP and Michael J. Brickman of Rogers, Patrick,
Westbrook & Brickman, LLC as lead Class Counsel and the
following attorneys as additional class counsel: Mark P.
Chalos, Jason L. Lichtman, John T. Nicolaou, and Gabriel
A. Panek of Lieff Cabraser Heimann & Bernstein, LLP; James
C. Bradley, Nina Fields Britt, and Caleb M. Hodge of
Rogers, Patrick, Westbrook & Brickman, LLC; Janet R.
Varnell, Brian W. Warwick, Matthew T. Peterson, and Erika
R. Willis of Varnell & Warwick, P.A.; Brett Ialacci of
Badham & Buck, LLC; C. Cooper Knowles of The Law Office of
C. Cooper Knowles, LLC; Timothy C. Bailey of Bailey Javins
& Carter, LC; and Justin T. Holcombe and Kris Skaar of
Skaar & Feagle, LLP;
6. appointing Angeion Group, LLC to serve as Class
Administrator; and
7. Approving the proposed Class Notice and Administration
program, including the form and content of the proposed
form notice template to the Settlement Agreement, the
claim process set forth in the Settlement Agreement, and
the proposed Proof of Claim form template.
Greenway is a privately-owned company currently based in Florida,
founded in 2013 following Vista Equity Partners' acquisition of
other, similar companies. It sells technological products to
healthcare providers.
A copy of the Court's order dated July 2, 2021 is available from
PacerMonitor.com at https://bit.ly/3wjwRTs at no extra charge.[CC]
HOWARD NATIONS: Court Junks Gaudet Bid for Class Certification
--------------------------------------------------------------
In the class action lawsuit captioned as DEBORAH A. GAUDET, ET AL.,
v. HOWARD L. NATIONS, APC, ET AL., Case No. 2:19-cv-10356-WBV-JVM
(E.D. La.), the Hon. Judge entered an order denying Plaintiffs'
motion for class certification of:
"All BP Class members, represented by Defendants' joint
venture in the BP Deepwater Horizon Oil Spill Class Action
Settlement Program, who lost the opportunity to participate
in the BP Settlement Program for their subsistence losses
because Defendants failed to timely file a complete BP
Subsistence Claim on the client's behalf."
The Court said, "Although the Court is deeply troubled by the
allegations in the Third Amended Complaint and the instant Motion,
namely, that the Defendants worked together to operate a "client
mill" by soliciting and engaging as many clients as possible and
then took a "cavalier and careless attitude toward their clients"
that resulted in their BP Subsistence Claims getting denied, the
Court finds that Plaintiffs have failed to show that their breach
of contract and legal malpractice claims are appropriate for class
certification under Fed. R. Civ. P. 23(a) and 23b)(3)."
This matter arises out of the April 20, 2010 Deepwater Horizon oil
spill in the Gulf of Mexico (the "BP Oil Spill"), and the Deepwater
Horizon Economic and Property Damage Settlement Agreement (the "BP
Settlement Agreement") that was created to provide monetary
compensation for the losses sustained as a result of the BP Oil
Spill. The BP Settlement Agreement allowed individuals to file a
claim for their losses caused by the BP Oil Spill, including claims
for subsistence losses (Subsistence Claims) caused by closing Gulf
Coast fishing areas due to contamination from the BP Oil Spill. The
claims were processed by the Deepwater Horizon Economic Claims
Center (the DHECC).
The named plaintiffs in this case, Deborah A. Gaudet, Timothy
Butler, Dian B. Campbell, Kristine Collins, Regina
Falgoust, Abraham Gamberella, Adam J. Hebert, Fred Ledet, Stanwood
Moore, Jr. and James Scales, III, claim that they resided along the
Gulf Coast and harvested fish and seafood for their regular dietary
consumption, but were unable to do so as a result of the BP Oil
Spill.
The Plaintiffs filed a Class Action Complaint in this Court on May
13, 2019, seeking to recover damages for breach of contract, legal
malpractice, and fraud arising from the alleged actions and
inactions of the Defendants in filing and failing to file their BP
Subsistence Claims.
A copy of the Court's order dated July 1, 2021 is available from
PacerMonitor.com at https://bit.ly/3hgbYnX at no extra charge.[CC]
INMATE SERVICES: Stearns Seeks to Certify Classes & Subclasses
--------------------------------------------------------------
In the class action lawsuit captioned as DANZEL L. STEARNS, on
behalf of himself and all similarly situated persons, v. INMATE
SERVICES CORPORATION; RANDY L. CAGLE JR.; CHRISTOPHER L. WEISS;
RYAN B. MOORE; and DOE 1 to 100, Case No. 3:19-cv-00100-KGB (E.D.
Ark.), the Plaintiff asks the Court to enter an order certifying
classes and subclasses, pursuant to Fed. R. Civ. P. 23 and E.D.
Ark. L.R. 7.2.
The class and subclasses requested for certification are as
follows:
-- Negligence and Outrage Classes
All inmates transported by Defendant INMATE SERVICES
CORPORATION on or after February 11, 2016, who were
restrained and required to remain in Defendants INMATE
SERVICES CORPORATION and RANDY L. CAGLE JR.'s transport
vehicles for more than 24 continuous hours, without an
overnight stop. The classes are divided into subclasses of
inmates subjected to these conditions for more than: (a)
24 hours; (b) 48 hours; (c) 72 hours; (d) 96 hours; (e)
120 hours; and (f) 144 hours.
-- Arkansas Subclasses
"All inmates who were transported within the State of
Arkansas by Defendant INMATE SERVICES CORPORATION and its
agents and/or employees, and subjected to these
conditions, continuously, for more than: (a) 24 hours; (b)
48 hours; (c) 72 hours; (d) 96 hours; (e) 120 hours; and
(f) 144 hours.
Inmate Services Corporation transports prisoners at all security
levels coast to coast by ground or via aircraft.
A copy of the Plaintiff's motion to certify class dated July 2,
2021 is available from PacerMonitor.com at https://bit.ly/3xn7Zf2
at no extra charge.[CC]
The Attorneys for Plaintiff Danzel L. Stearns, on behalf of himself
and a class of similarly situated persons, are:
Mark E. Merin, Esq.
Paul H. Masuhara, Esq.
LAW OFFICE OF MARK E. MERIN
1010 F Street, Suite 300
Sacramento, CA 95814
Telephone: (916) 443-6911
Facsimile: (916) 447-8336
E-Mail: mark@markmerin.com
paul@markmerin.com
- and -
W. Craig Bashein, Esq.
John P. Hurst, Esq.
BASHEIN & BASHEIN CO., L.P.A.
Terminal Tower, 35th Floor
50 Public Square
Cleveland, OH 44113
Telephone: (216) 771-3239
E-Mail: cbashein@basheinlaw.com
jhurst@basheinlaw.com
- and -
Paul J. James, Esq.
JAMES, CARTER & PRIEBE, LLP
500 Broadway, Suite 400
Little Rock, AR 72203
Telephone: (866) 716-3242
Facsimile: (501) 372-1659
E-Mail: pjj@jamescarterlaw.com
- and -
John J. Spellacy, Esq.
JOHN J. SPELLACY CO., L.P.A.
323 W. Lakeside Avenue, Suite 300
Cleveland, OH 44113
Telephone: (216) 241-0520
E-Mail: jspellacy@spellacylaw.com
- and -
Paul W. Flowers, Esq.
Louis E. Grube, Esq.
PAUL W. FLOWERS CO., L.P.A.
Terminal Tower, Suite 1910
50 Public Square
Cleveland, OH 44113
Telephone: (216) 344-9393
E-Mail: pwf@pwfco.com
leg@pwfco.com
JORGE'S TIRE: Faces Cummings Suit Over Unpaid Overtime Wages
------------------------------------------------------------
The case, CHRISTOPHER N. CUMMINGS, on behalf of himself and all
others similarly situated, Plaintiff v. JORGE'S TIRE REPAIR, LLC
and JORGE SAMUDIO, Defendants, Case No. 5:21-cv-00212-MTT (M.D.
Ga., June 25, 2021) arises from the Defendants' alleged violations
of the overtime provisions of the Fair Labor Standards Act.
The Plaintiff, who was employed by the Defendants as a mechanic,
brings this complaint as a collective action asserting that the
Defendants denied him of overtime compensation at the rate of one
and one-half times his regular rate of pay for all hours he worked
in excess of 40 per workweek from approximately in or around June
2018 until in or around January 2020.
The Plaintiff contends that the Defendant owed him unpaid overtime
compensation of $23,281.50 for 18 hours per week at his normal rate
of $11.60 per hour. The Plaintiff also seeks an additional
liquidated damages equal to that amount as well as prejudgment
interest, reasonable attorneys' fees, litigation costs and
expenses, and other legal and equitable relief which he may be
entitled.
Jorge's Tire Repair, LLC offers tire repair services. Jorge Samudio
is the owner and operator. [BN]
The Plaintiff is represented by:
Tyler B. Kaspers, Esq.
THE KASPERS FIRM, LLC
152 New Street, Suite 109B
Macon, GA 31201
Tel: (404) 944-3128
E-mail: tyler@kaspersfirm.com
JUDGE GROUP: Misclassifies Recruiters, Katona Suit Claims
---------------------------------------------------------
TODD KATONA, individually and on behalf of all others similarly
situated, Plaintiff v. THE JUDGE GROUP, INC., Defendant, Case No.
2:21-cv-00826-LPL (W.D. Penn., June 25, 2021) brings this class and
collective action complaint against the Defendant to recover unpaid
overtime and other damages pursuant to the Fair Labor Standards
Act.
The Plaintiff has worked for the Defendant as a Recruiter from
approximately February 2018 through November 2018.
The Plaintiff asserts that he and other similarly situated
recruiters were misclassified by the Defendant as exempt from the
overtime provisions of the FLSA throughout their employment with
the Defendant. Despite working more than 40 hours per workweek, the
Defendant did not pay them their lawfully earned overtime
compensation at the rate of one and one-half times their regular
rate of pay for all hours worked in excess of 40 per workweek.
Instead, the Defendant only paid them a salary without overtime
compensation regardless of the number of hours they performed work
for the Defendant, the Plaintiff says.
The Judge Group, Inc. is an employment and staffing company
operating throughout the U.S. and internationally, including in
Pennsylvania. [BN]
The Plaintiff is represented by:
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
Carl A. Fitz, Esq.
JOSEPHSON DUNLAP LAW FIRM
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Tel: (713) 352-1100
Fax: (713) 352-3300
E-mail: mjosephson@mybackwages.com
adunlap@mybackwages.com
cfitz@mybackwages.com
- and –
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH PLLC
11 Greenway Plaza, Suite 3025
Houston, TX 77046
Tel: (713) 877-8788
Fax: (713) 877-8065
E-mail: rburch@brucknerburch.com
- and –
Joshua P. Geist, Esq.
GOODRICH & GEIST PC
3634 California Ave.
Pittsburgh, PA 15212
Tel: (412) 766-1455
Fax: (412) 766-0300
E-mail: josh@goodrichandgeist.com
KANSAS CITY LIFE: Meeks Seeks to Certify Class of Plan Owners
-------------------------------------------------------------
In the class action lawsuit captioned as CHRISTOPHER Y. MEEK,
Individually and On Behalf Of All Others Similarly Situated, v.
KANSAS CITY LIFE INSURANCE COMPANY, Case No. 4:19-cv-00472-BP (W.D.
Mo.), the Plaintiff asks the Court to enter an order certifying
this case as a class action on behalf of:
"All persons who own or owned a Better Life Plan, Better Life
Plan Qualified, LifeTrack, AGP, MGP, PGP, Chapter One,
Classic, Rightrack (89), Performer (88), Performer (91),
Prime Performer, Competitor (88), Competitor (91), Executive
(88), Executive (91), Protector 50, LewerMax, Ultra 20 (93),
Competitor II, Executive II, Performer II, or Ultra 20 (96)
life insurance policy issued or administered by Defendant, or
its predecessors in interest, that was active on or after
January 1, 2002."
Alternatively, the Plaintiff respectfully requests that the Court
certify a class of policy owners meeting the definition above and
whose policies were issued in the state of Kansas (subject to the
same exclusions).
Additionally, Plaintiff moves to designate himself as the class
representative, and the law firms of Stueve Siegel Hanson LLP and
Miller Schirger, LLC, as Class Counsel.
Kansas City Life Insurance Company is a public insurance company
established in 1895 and located in Kansas City, Missouri.
A copy of the Plaintiff's motion to certify class dated July 1,
2021 is available from PacerMonitor.com at https://bit.ly/2SRrTjq
at no extra charge.[CC]
The Plaintiff is represented by:
Patrick J. Stueve, Esq.
Lindsay Todd Perkins, Esq.
Ethan M. Lange, Esq.
David A. Hickey, Esq.
STUEVE SIEGEL HANSON LLP
460 Nichols Road, Suite 200
Kansas City, MO 64112
Telephone: (816) 714-7100
Facsimile: (816) 714-7101
E-mail: stueve@stuevesiegel.com
perkins@stuevesiegel.com
lange@stuevesiegel.com
hickey@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, MO 64111
Telephone: (816) 561-6500
Facsimile: (816) 561-6501
E-mail: jschirger@millerschirger.com
mlytle@millerschirger.com
jfeierabend@millerschirger.com
KROGER COMPANY: Hawkins Wins Initial OK of Class Action Deal
------------------------------------------------------------
In the class action lawsuit captioned as SHAVONDA HAWKINS, on
behalf of herself and all others similarly situated, v. THE KROGER
COMPANY, Case No. 3:15-cv-02320-JM-AHG (S.D. Cal.), the Hon. Judge
Jeffrey T. Miller entered an order granting the Plaintiff Shavonda
Hawkins' unopposed motion for preliminary approval of class action
settlement.
-- Class Certification
The court preliminarily certifies the following Settlement
Class: "[a]ll citizens of California who purchased, between
January 1, 2010 and December 31, 2015, Kroger Bread Crumbs
containing partially hydrogenated oil and 10 the front label
claim "0g Trans Fat."
-- Class Counsel Appointment:
The court preliminary confirms its appointment of The Weston
Firm as Class Counsel.
-- Class Administrator
The court appoints Classaura LLC as the Settlement
Administrator. The Settlement Administrator shall supervise
and carry out the settlement administration procedures set
forth in the Agreement, including but not limited to,
distributing and providing the class notice, processing and
approving claims, andpreparing and issuing disbursements.
The Plaintiff purchased Kroger breadcrumbs in San Diego about six
times per year from 2000 to July of 2015. Beginning in 2008, the
front label of the breadcrumbs read "0g Trans Fat." On the back of
the breadcrumbs, the nutrition fact label read "Trans Fat 0g" and
included partially hydrogenated vegetable oil ("PHO") as an
ingredient. Because the breadcrumbs contained PHO, they contained
"trace amounts" of trans fat.
On October 15, 2015, the Plaintiff filed a putative class action
alleging violations of California's False Advertising Law, the
Unfair Competition Law, and the Consumers Legal Remedies Act. The
Plaintiff also brought claims for breach of the implied warranty of
merchantability and breach of express warranty.
A copy of the Court's order dated July 2, 2021 is available from
PacerMonitor.com at https://bit.ly/2TsP2sP at no extra charge.[CC]
KUCOIN: Williams Suit Seeks to Certify Class
--------------------------------------------
In the class action lawsuit captioned as CHASE WILLIAMS,
individually and on behalf of all others similarly situated, v.
KUCOIN, MICHAEL GAN, JOHNNY LYU, and ERIC DON, Case No.
1:20-cv-02806-GBD-RWL (S.D.N.Y.), the Plaintiff Chase Williams
asks the Court to enter an order:
1. certifying a proposed class of;
"All persons who purchased on the KuCoin exchange any of
the Tokens -- EOS, SNT, QSP, KNC, TRX, OMG, LEND, ELF,
CVC, and TOMO -- each of which was listed for sale on a
domestic U.S. exchange, or who otherwise purchased on the
KuCoin exchange any of the Tokens in a domestic U.S.
transaction, between September 15, 2017 and the present
and were injured thereby;"
2. appointing him as class representative;
3. approving his selection of Roche Freedman LLP and Selendy
& Gay PLLC as class counsel.
KuCoin is a bitcoin exchange.
A copy of the Plaintiff's motion to certify class dated July 2,
2021 is available from PacerMonitor.com at https://bit.ly/3jVV2VR
at no extra charge.[CC]
The Plaintiff is represented by:
Philippe Z. Selendy, Esq.
Jordan A. Goldstein, Esq.
Oscar Shine, Esq.
David Coon, Esq.
SELENDY & GAY PLLC
1290 Sixth Avenue, 17th Floor
New York, NY 10104
E-mail: pselendy@selendygay.com
jgoldstein@selendygay.com
oshine@selendygay.com
dcoon@selendygay.com
- and -
Kyle W. Roche, Esq.
Edward Normand, Esq.
Velvel (Devin) Freedman, Esq.
Jordana Haviv, Esq.
ROCHE FREEDMAN LLP
99 Park Avenue, 19th Floor
New York, NY 10016
E-mail: kyle@rcfllp.com
tnormand@rcfllp.com
vel@rcfllp.com
jhaviv@rcfllp.com
LIFE STRATEGIES: Wihebrink Sues Over Failure to Pay Proper OT
-------------------------------------------------------------
STACY WIHEBRINK, individually and on behalf of all others similarly
situated, Plaintiff v. LIFE STRATEGIES COUNSELING, INC., Defendant,
Case No. 4:21-cv-00573-DPM (E.D. Ark., June 25, 2021) is a
collective action complaint brought against the Defendant for its
alleged violations of the Overtime provisions of the Fair Labor
Standards Act and the Arkansas Minimum Wage Act.
The Plaintiff was employed by the Defendant as an hourly-paid
Mental Health Professional from January 2020 until April 2021.
According to the complaint, the Plaintiff and other similarly
situated Mental Health Professionals regularly worked hours over 40
each week which went unrecorded and uncompensated by the Defendant.
The Defendant allegedly did not count their time spent completing
patient documentation, charting, scheduling and preparing for
therapy sessions as a billable work. They were compensated only for
the hours they spent with clients. As a result, the Plaintiff and
other similarly situated Mental Health Professionals were not
properly compensated for all hours they performed work for the
Defendant, specifically overtime compensation for all hours worked
in excess of 40 per week, the suit contends.
Life Strategies Counseling, Inc. provides counseling services
throughout Arkansas. [BN]
The Plaintiff is represented by:
Daniel Ford, Esq.
Josh Sanford, Esq.
SANFORD LAW FIRM, PLLC
Kirkpatrick Plaza
10800 Financial Centre Pkwy, Suite 510
Little Rock, AR 72211
Tel: (800) 615-4946
Fax: (888) 787-2040
E-mail: daniel@sanfordlawfirm.com
josh@sanfordlawfirm.com
LIGHTNING OILFIELD: FLSA Conditional Cert. Sought in Chappel Suit
-----------------------------------------------------------------
In the class action lawsuit captioned as CEDRIC CHAPPEL,
individually and on behalf of all others similarly situated, v.
LIGHTNING OILFIELD SERVICES, INC., Case No. 7:21-cv-00017-DC-RCG
(W.D. Tex.), the Parties file an agreed motion for conditional
certification under the Fair Labor Standards Act on behalf of:
"All Safetymen employed by Lightning Oilfield Services, Inc. in
the past 3 years."
The Parties have further agreed to and propose the following
schedule:
DEADLINE SUBJECT
-- 10 business days from order Defendant to provide to
approving notice to Potential Plaintiff’s Counsel in
Excel
Class Members (.xlsx) format the following
information regarding all
Putative Class Members:
full
name; last known
address(es)
with city, state, and zip
Code; last known cell phone
number; beginning date(s)
of
engagement; and ending
date(s) of engagement (if
applicable).
-- 10 days from receipt of class Plaintiff’s Counsel shall
information shall send a
copy of the Court-approved
Notice and Consent Form to
the Putative Class Members
by First Class U.S. Mail
and
by text.
-- 45 days from sending Notice The Putative Class Members
and Consent Forms to shall have 45 days from the
Potential Class Members initial mailing of the
Court-approved Notice to
return their signed Consent
forms to Plaintiff's
Counsel
for filing with the Court.
A copy of the Parties motion dated July 1, 2021 is available from
PacerMonitor.com at https://bit.ly/36dX9w6 at no extra charge.[CC]
The Plaintiff is represented by:
David I. Moulton, Esq.
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH PLLC
11 Greenway Plaza, Suite 3025
Houston, TX 77046
Telephone: (713) 877-8788
Telecopier: (713) 877-8065
E-mail: rburch@brucknerburch.com
dmoulton@brucknerburch.com
- and -
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
JOSEPHSON DUNLAP LAW FIRM
11 Greenway Plaza, Ste. 3050
Houston, TX 77046
Telephone: (713) 352-1100
Telecopier:(713) 352-3300
E-mail: mjosephson@mybackwages.com
adunlap@mybackwages.com
The Defendant is represented by:
William E. Berry Jr., Esq.
Tyler J. Eyrich, Esq.
COTTON, BLEDSOE, TIGHE &
DAWSON, P.C.
P. O. Box 2776
Midland, TX 79702
E-mail: bberry@cbtd.com
teyrich@cbtd.com
LINEQUEST LLC: Seeks to Decertfy Conditional Class in Mondeck Suit
------------------------------------------------------------------
In the class action lawsuit captioned as SHAWN MONDECK,
Individually and For Others Similarly Situated, v. LINEQUEST, LLC,
Case No. 7:19-cv-00221-DC-RCG (W.D. Tex.), the Defendant asks the
Court to enter an order:
1. granting class-wide summary judgment in its favor or,
alternatively, decertifying the conditional class
certification of the August 21 Order; and
2. providing such other and further relief as it has shown
itself justly entitled.
This suit presents the claim of Plaintiff Mondeck for overtime pay
under the Fair Labor Standards Act ("FLSA").
The Defendant maintains Mondeck, and those alleged to be similarly
situated, have been and are bona-fide administrative employees who
are exempt pursuant to Section 13(a)(1) of the FLSA.
On Sept. 18, 2020, Line Quest filed the Defendant's Motion for
Summary Judgment as to the claims of Mondeck and Opt-In Plaintiff
Nichols.
On Feb. 25, 2021, Line Quest filed Defendant's Motion for Partial
Summary Judgment -- Hourly Employees as to the claims of Opt-In
Plaintiffs Heath Bechtold, Frank Bird, Christopher Cryer, Ramon
Ruvalcaba, and Duque Waddill.
Line Quest now moves for class-wide summary judgment as to the
remaining Opt-In Plaintiffs as their discretionary authority to
green-light, alter or halt the excavation and backfilling
operations of contractors for Line Quest's customers is proof, as a
matter of law, they were exempt from overtime pay as bona-fide
administrative employees under the FLSA.
A copy of the Defendant's motion dated June 30, 2021 is available
from PacerMonitor.com at https://bit.ly/3heQpUS at no extra
charge.[CC]
The Plaintiff is represented by:
Rex Burch, Esq.
Michael Josephson, Esq.
Josephson Dunlap, Esq.
Andrew Dunlap, Esq.
BRUCKNER BURCH, PLLC
8 Greenway Plaza, Suite 1500
Houston, Texas 77046
E-mail: rburch@brucknerburch.com
mjosephson@mybackwages.com
adunlap@mybackwages.com
The Defendant LineQuest is represented by:
Robert G. Chadwick, Jr., Esq.
Timothy B. Soefje, Esq.
SELTZER , CHADWICK, SOEFJE & LADIK, PLLC
5 Cowboys Way Ste 300-E
Frisco, TX 75034-2066
Telephone: (972) 922-8866
Facsimile: (972) 767-4246
E-mail: tsoefje@realclearcounsel.com
rchadwick@realclearcounsel.com
MARKEL AMERICAN: July 16 Summary Judgment Response Filing Sought
----------------------------------------------------------------
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 for a brief, nine-day extension of time to file
their Responses to Defendants' Motion for Summary Judgment with the
corresponding Statement of Undisputed Facts, and a brief 10-day
extension of the deadline to file their Reply to Defendants'
Response in Opposition to Plaintiffs' Motion for Class
Certification.
The new deadline for both filings would be Friday, July 16, 2021,
the Plaintiffs' request.
The Defendants filed their Motion for Summary Judgment and
Statement of Undisputed Facts on June 23, 2021. The Plaintiffs
re-filed their Motion for Class Certification on June 21, 2021,
pursuant to this Court's Order entered on June 17, 2021. The
Defendants filed their Response to Plaintiffs' Motion for Class
Certification on June 28, 2021.
The Plaintiffs' response to Defendants' Motion for Summary Judgment
and Response to the Motion for Class Certification are presently
due on or before July 7, 2021, and July 6, 2021, respectively.
Markel American Insurance Company operates as an insurance company.
The Company provides personal insurance services in the United
States.
A copy of the Plaintiffs' motion dated June 30, 2021 is available
from PacerMonitor.com at https://bit.ly/3hchU1m at no extra
charge.[CC]
The Plaintiffs are represented by:
Alfredo Armas, Esq.
Eduardo Bertran, Esq.
Francesco Zincone, Esq.
ARMAS BERTRAN ZINCONE
4960 SW 72nd Avenue, Suite 206
Miami, FL 33155
Telephone: (305) 461-5100
E-mail: alfred@armaslaw.com
nmarrero@armaslaw.com
barbi@armaslaw.com
ebertran@armaslaw.com
fzincone@armaslaw.com
MDL 2999: Transfer of 10 Acthar Gel Disputes to N.D. Ill. Denied
----------------------------------------------------------------
In the case "In Re: Acthar Gel Antitrust Litigation," MDL. NO.
2999, Judge Karen K. Caldwell, Chairperson of the U.S. Judicial
Panel on Multidistrict Litigation, denied the proposed transfer of
10 actions to the U.S. District Court for the Northern District of
Illinois to centralize litigation.
The 10 actions were filed in the following courts: the U.S.
District Court for the Central District of California, the U.S.
District Court for the Northern District of California, the U.S.
District Court for the District of Delaware, the U.S. District
Court for the Northern District of Georgia, the U.S. District Court
for the Northern District of Illinois, the U.S. District Court for
the District of New Jersey, the U.S. District Court for the Eastern
District of Pennsylvania, and the U.S. District Court for the the
Western District of Tennessee.
These actions share factual questions arising from allegations that
common Defendant Mallinckrodt unlawfully raised the price of
adrenocorticotropic hormone, Acthar, and sold the drug at inflated
prices. The actions variously allege a complex and multi-faceted
scheme by defendants, including contracting with the Express
Scripts to be the exclusive distributor of Acthar, buying and
shelving a competing drug, bribing doctors to prescribe Acthar and
aggressively promoting it for off label uses and improperly
funneling copays through a charitable organization. Some complaints
allege just one or two components of this scheme, while others
include all of them.
Mallinckrodt is a debtor in a Chapter 11 bankruptcy proceeding in
the District of Delaware, ongoing since October 2020, and the
claims against all defendants are stayed in their entirety. The
panel deems that the uncertainty about the timing and outcome of
related bankruptcy proceedings makes centralization premature at
this time, and will reconsider the question of centralization once
the bankruptcy stay is lifted.
A full-text copy of the Court's June 7, 2021 order is available at
https://bit.ly/3dEOnex
MDL 3004: 14 Paraquat Products Liability Suits Moved to S.D. Ill.
-----------------------------------------------------------------
In the case "In Re: Paraquat Products Liability Litigation," MDL
No. 3004, Judge Karen K. Caldwell, Chairperson of the U.S. Judicial
Panel on Multidistrict Litigation, transfers five cases each from
the U.S. District Court for the Northern District of California and
the U.S. District Court for the Southern District of Illinois, and
one case each from the U.S. District Court for the Eastern District
of Missouri, the U.S. District Court for the Northern District of
West Virginia, the U.S. District Court for the Southern District of
West Virginia and the U.S. District Court for the Western District
of Wisconsin, to the U.S. District Court for the Southern District
of Illinois and, with the consent of that court, assigned to the
Honorable Nancy J. Rosenstengel for coordinated or consolidated
proceedings.
The actions involve common factual issues concerning the propensity
of paraquat to cause Parkinson's Disease. Since 1964, paraquat has
been used in the United States to kill broadleaf weeds and grasses
before the planting or emergence of various crops, to control weeds
in orchards, and to desiccate plants before harvest. The panel
concluded that said litigation will likely implicate complex
scientific and regulatory issues thus centralization will eliminate
duplicative discovery, avoid inconsistent pretrial rulings and
conserve the resources of the parties, their counsel and the
judiciary.
The panel also persuaded that the Southern District of Illinois is
the appropriate transferee district for these cases as Illinois
ranks in the top five states in paraquat usage that paraquat
litigation has been proceeding in Illinois state court for several
years, and the most advanced state court action is nearing trial.
A full-text copy of the Court's June 7, 2021 Transfer Order is
available at https://bit.ly/3hskKhM
MED-DATA: Deadline for Class Cert. Bid Filing Set for May 6, 2022
-----------------------------------------------------------------
In the class action lawsuit captioned as NICOLE TOKARSKI, on behalf
of herself and all others similarly situated, v. MED-DATA, INC.,
Case No. 2:21-cv-00631-RAJ (W.D. Wash.), the Hon. Judge Richard A.
Jones entered an scheduling order:
EVENT DATE
-- Deadline for Joining Additional Sept. 24, 2021
Parties
-- Deadline for Plaintiff to File May 6, 2022
Motion for Class Certification
-- Deadline for Defendant to File June 3, 2022
Response on Motion for Class
Certification
-- Deadline for Plaintiff to file June 24, 2022
Reply on Motion for Class
Certification
-- Discovery Deadline 45 days after
Court's ruling
on Class
Certification
-- Deadline for Filing Dispositive 75 days after
Motions Court's ruling
on Class
Certification
MedData provides medical revenue cycle management services.
A copy of the Court's order dated June 30, 2021 is available from
PacerMonitor.com at https://bit.ly/3hy0IlJ at no extra charge.[CC]
MERCANTILE ADJUSTMENT: Trimino Sues Over Illegal Collection Letter
------------------------------------------------------------------
MARIA TRIMINO f/k/a Maria Navarro, individually and on behalf of
all others similarly situated, Plaintiff v. MERCANTILE ADJUSTMENT
BUREAU, LLC, a New York limited liability company, Defendant, Case
No. 8:21-cv-01532 (M.D. Fla., June 25, 2021) is a class action
complaint brought against the Defendant for its alleged violations
of the Fair Debt Collection Practices Act.
According to the complaint, the Plaintiff has allegedly incurred a
debt concerning a consumer credit account issued by a national
financing company, who contracted with the Defendant to collect the
alleged debt. The Defendant, however, did not prepare and mail a
collection letter on its own. Instead, the Defendant disclosed the
Plaintiff's personal information and her alleged debt to a
third-party vendor, in order to outsource the process, without the
Plaintiff's consent having her personal and confidential
information disclosed and/or shared with anyone else. By doing so,
the Defendant has caused harm to the Plaintiff in the form of
invasion of privacy, the suit says.
Mercantile Adjustment Bureau, LLC is a debt collector. [BN]
The Plaintiff is represented by:
Christopher Legg, Esq.
CHRISTOPHER W. LEGG, P.A.
499 E. Palmetto Park Rd., Ste. 228
Boca Raton, FL 33432
Tel: (954) 235-3706
E-mail: Chris@theconsumerlawyers.com
NATIONAL COUNSELING: Seeks July 23 Conditional Cert Response Filing
-------------------------------------------------------------------
In the class action lawsuit captioned as DAWN ANGIONE v. NATIONAL
COUNSELING GROUP, INC. and FRANCIS A. VIERA, JR., Case No.
3:21-cv-00344-REP (E.D. Va.), the Defendants ask the Court to enter
an order extending to July 23, 2021 the deadline for the Defendants
to respond the Motion for Conditional Certification and Notice to
Potential Opt-In Plaintiffs.
On May 28, 2021, the Plaintiff filed a Collective Action Complaint
alleging violations of 29 U.S.C. section 216(b) of the Fair Labor
Standards Act ("FLSA").
On June 30, 2021, counsel for the Defendants spoke with counsel for
Plaintiffs to ascertain their position on a two-week extension to
respond to the Motion. Such an extension would result in the
response being filed on or before July 23, 2021. Counsel for
Plaintiff represented they were agreeable to a two-week extension.
As such, no party will be prejudiced by this deadline, the
Defendants say.
National Counseling provides individuals and families mental
health, behavioral health, and substance use services.
A copy of the Defendants' motion dated July 1, 2021 is available
from PacerMonitor.com at https://bit.ly/36dzDiM at no extra
charge.[CC]
The Plaintiff is represented by:
Molly A. Elkin, Esq.
Hillary D. LeBeau, Esq.
McGILLIVARY STEELE ELKIN LLP
1101 Vermont Avenue, N.W., Suite 1000
Washington, DC 20005
E-mail: mae@mselaborlaw.com
hdl@mselaborlaw.com
- and -
Sam J. Smith, Esq.
Loren Bolno Donnell, Esq.
Burr & Smith LLP
9800 4th Street North, Suite 200
St. Petersburg, FL 33702
E-mail: SSmith@burrandsmithlaw.com
LDonnell@burrandsmithlaw.com
The Defendant is represented by:
Amanda M. Weaver, Esq.
Edward S. Schenk III, Esq.
David C. Burton, Esq.
WILLIAMS MULLEN
200 South 10 th Street, Suite 1600
Richmond, VA 23219
Telephone: (804) 420-6226
Facsimile: (804) 420-6507
E-mail: aweaver@williamsmullen.com
eschenk@williamsmullen.com
dburton@williamsmullen.com
OAKLAND, CA: Hearing on Class Status Bid Continued to Oct. 1
------------------------------------------------------------
In the class action lawsuit captioned as ANTI POLICE-TERROR
PROJECT, et al., v. CITY OF OAKLAND, et al., Case No.
3:20-cv-03866-JCS (N.D. Cal.), the Hon. Judge Joseph C. Spero
entered an order that:
1. The hearing on the Motion for Class Certification, and
further case management conference, currently set for
August 6, 2021, is continued to October 1, 2021 at 9:30 AM
by Zoom Webinar. The deadline for the filing of the reply
brief to the Motion for Class Certification remains
unchanged and shall be filed on July 9, 2021.
2. An updated joint case management conference statement
shall be due by September 20 24, 2021.
3. The nonexpert discovery deadline date of August 27, 2021
is extended to October 27, 2021.
4. The expert disclosure deadline date of October 1, 2021 is
extended to December 1, 2021.
5. The expert rebuttal deadline date of October 15, 2021 is
extended to December 15, 2021.
6. The expert discovery deadline date of October 29, 2021 is
extended to December 29, 2021.
7. The deadline to file dispositve motions and Daubert is
January 7, 2022.
8. The deadline to file opposition to dispositive motions and
Daubert is January 28, 2022.
9. The deadline to file reply to dispositive motions and
Daubert is February 4, 2022.
10. The dispositive motion and Daubert hearing date is March
4, 2022 at 9:30 AM.
Oakland is a city on the east side of San Francisco Bay, in
California. Jack London Square has a statue of the writer, who
frequented the area. Nearby, Old Oakland features restored
Victorian architecture and boutiques.
A copy of the Court's order dated July 2, 2021 is available from
PacerMonitor.com at https://bit.ly/3qNgxcP at no extra charge.[CC]
OCWEN LOAN: Torliatt FDCPA Suit Seeks to Certify Class
------------------------------------------------------
In the class action lawsuit captioned as LAWRENCE TORLIATT, on
behalf of himself and all others similarly situated, v. OCWEN LOAN
SERVICING, LLC, Case No. 3:19-cv-04303-WHO (N.D. Cal.), the
Plaintiff asks the Court to enter an order:
1. certifying the following class under Federal Rule of Civil
Procedure 23(a) & (b)(3):
"All persons in the United States (1) with a Security
Instrument on a residential loan securing a property located
in the State of California, (2) that is or was serviced by
Ocwen or PHH, (3) who were charged one or more Pay-to-Pay
fee, (4) whose Security Instrument did not expressly allow
for the charging of a Pay-to-Pay fee at the time the Pay-to-
Pay fee was charged, and (5) who were not class members in
McWhorter v. Ocwen Loan Servicing, LLC, Case No. 2:15-cv-
01831-MHH (N.D. Ala.);"
2. appointing him class representative; and
3. appointing his counsel -- Randall K. Pulliam, Lee Lowther,
and James L. Kauffman -- as Class counsel.
The Defendants Ocwen and PHH Mortgage allegedly violated the
Rosenthal Fair Debt Collection Practices Act and Unfair Competition
Law when they collected unauthorized fees from the Plaintiff and
members of the putative classes for making their mortgage payments
online or over the phone (Pay-to-Pay fees). Mr. Torliatt seeks to
represent the following class of persons who paid these illegal
fees.
Ocwen Loan Servicing, LLC provides mortgage loans. The Company
offers consumer home, reverse mortgage, and investment property
loans. PHH provides mortgage financing solutions. The Company
offers real estate and private label solutions, and correspondent
lending.
A copy of the Plaintiff's motion to certify class dated June 30,
2021 is available from PacerMonitor.com at https://bit.ly/3qMsLT0
at no extra charge.[CC]
The Plaintiff is represented by
Hank Bates, Esq.
Randall K. Pulliam, Esq.
Edwin Lee Lowther, Esq.
CARNEY BATES & PULLIAM, PLLC
519 W. 7th St.
Little Rock, AR 72201
Telephone: (501) 312-8500
Facsimile: (501) 312-8505
E-mail: hbates@cbplaw.com
rpulliam@cbplaw.com
llowther@cbplaw.com
- and -
Don F. Livornese, Esq.
RUYAK CHERIAN LLP
222 N. Pacific Coast Highway, Suite 2000
El Segundo, CA 90245
Telephone: 310-586-7689
E-mail: donl@ruyakcherian.com
- and -
James Lawrence Kauffman, Esq.
BAILEY GLASSER, LLP
1055 Thomas Jefferson St, NW Suite 540
Washington, DC 20007
Telephone: (202) 463-2101
E-mail: jkauffman@baileyglasser.com
PRIME NOW: Mabanta Seeks to Certify California Class Claims
-----------------------------------------------------------
In the class action lawsuit captioned as MARIO MABANTA, on behalf
of himself and all others that are similarly situated, v. PRIME NOW
LLC, a Delaware Corporation; AMAZON.COM, INC., a Delaware
Corporation; and Does 1-50, inclusive, Case No. 4:20-cv-02813-YGR
(N.D. Cal.), the Plaintiff will move the on September 21, 2021, to
enter an order:
1. certifying the California class claims;
2. appointing him as Class Representativel and
3 appointing Mark Burton and Hersh & Hersh as Class Counsel.
Mario Mabanta worked from March 2018 through December 2018 as a
flex shopper for the Defendants. During that time, Mr. Mabanta paid
for his own device and internet access to schedule shifts and spent
a considerable amount of time scheduling shifts which typically
posted near the end of the day. He also worked without breaks due
to the demands of the Amazon orders that were sent to him.
Amazon openly admits that while it posts schedules on nearly a
daily basis, it does not compensate flex shoppers for any of the
time its employees spend scheduling. Under California law, even de
minimum time spent by an employee must be compensated, especially
when the time is spent on "a regular basis or as a regular feature
of the job." Thus, whether flex shoppers should be compensated for
time spent scheduling is a uniform question that should be
certified.
The complaint pleads causes of action for unpaid Wages; failure to
reimburse business expenses; failure to pay minimum wage; failure
to provide rest periods; failure to pay for reporting-time; failure
to furnish accurate wage statement; waiting time penalties;
unlawful and unfair business practices in violation of the
California Labor Code.
Prime Now is located in Seattle, Washington and is part of the
Internet & Mail-Order Retail Industry.
A copy of the Plaintiff's motion to certify class claims dated July
2, 2021 is available from PacerMonitor.com at
https://bit.ly/3weP84p at no extra charge.[CC]
The Attorneys for Plaintiff and the Proposed Class, are:
Mark Burton, Esq.
Montana Baker, Esq.
HERSH and HERSH
601 Van Ness Avenue, Suite 2080
San Francisco, CA 94102
Telephone: (415) 441-5544
Facsimile: (415) 441-7586
QVC INC: Seeks July 28 Extension to File Conditional Cert. Response
-------------------------------------------------------------------
In the class action lawsuit captioned as LANITRA ADAMS v. QVC,
INC., Case No. 2:21-cv-00646-JCJ (E.D. Pa.), the Defendant asks the
Court to enter an order extending the time for it to respond to
Plaintiff's Motion for Conditional Certification by 21 days, up to
and including Wednesday, July 28, 2021.
The Plaintiff filed her Complaint against Defendant on February 11,
2021. It was not until June 23, 2021, however, that the Plaintiff
filed her pending Motion for Conditional Certification, which
purports to seek a nationwide collective of "All former and current
customer service representatives or persons with jobs performing
substantially identical functions and/or duties to customer service
representatives employed by QVC, Inc. during the statutory period
covered by this Complaint."
Since filing her Complaint, Plaintiff has had the benefit of over
four months to prepare her Motion for Conditional Certification and
assemble evidence in support.
The Defendant's response to Plaintiff's Motion for Conditional
Certification is presently due on July 7, 2021. However, 14 days is
simply an insufficient amount of time for Defendant to assemble
evidence and thoroughly prepare its response in opposition given
the magnitude of the preparation effort and importance of the
response to this case. Even with this proposed 21-day extension,
Defendant's time to prepare their response still pales in
comparison to the preparation time Plaintiff was afforded.
The Defendant says that it will need significant additional time to
assemble information to properly address the multitude of facts and
legal issues raised by Plaintiff's Motion for Conditional
Certification, which cites 67 cases and is 62 pages in length, with
exhibits. The bulk of that time will be spent gathering essential
information from individuals in Plaintiff's former job position
(Customer Service Specialist) to establish the differences between
Plaintiff and the members of the putative collective she seeks to
represent and to otherwise refute the allegations in the Motion for
Conditional Certification.
QVC is an American free-to-air television network, and flagship
shopping channel specializing in televised home shopping, owned by
Qurate Retail Group.
A copy of the Defendant's motion dated June 30, 2021 is available
from PacerMonitor.com at https://bit.ly/3dzWB7R at no extra
charge.[CC]
The Plaintiff is represented by
Michael L. Fradin, Esq.
LAW OFFICE OF MICHAEL L. FRADIN
8 N. Court St. Suite 403
Athens, OH 45701
E-mail: mike@fradinlaw.com
- and -
Gary F. Lynch, Esq.
Edward W. Ciolko, Esq.
CARLSON LYNCH, LLP
1133 Penn Avenue, 5th Floor
Pittsburgh, PA 15222
E-mail: glynch@carlsonlynch.com
eciolko@carlsonlynch.com
- and -
Anthony J. Lazzaro, Esq.
Chastity L. Christy, Esq.
THE LAZZARO LAW FIRM, LLC
The Heritage Bldg., Suite 250
34555 Chagrin Boulevard
Moreland Hills, OH 44022
E-mail: chastity@lazzarolawfirm.com
anthony@lazzarolawfirm.com
The Defendant is represented by:
Cullan E. Jones, Esq.
Diane Apa Hauser, Esq.
PAISNER LITVIN, LLP
30 Rock Hill Road
Bala Cynwyd, PA 19004
Telephone: (484) 436-2118
E-mail: DHauser@paisnerlitvin.com
- and -
Dawn Siler-Nixon, Esq.
Shane T. Munoz, Esq.
Cullan E. Jones, Esq.
FORD & HARRISON LLP
101 E. Kennedy Blvd., Suite 900
Tampa, FL 33602
Telephone: (813) 261-7800
Facsimile: (813) 261-7899
E-mail: dsiler-nixon@fordharrison.com
smunoz@fordharrison.com
cjones@fordharrison.com
RECEIVABLES MANAGEMENT: Dyer Seeks Final OK of Settlement Deal
---------------------------------------------------------------
In the class action lawsuit captioned as TIFFANY DYER, individually
and on behalf of all others similarly situated, v. RECEIVABLES
MANAGEMENT SYSTEMS, Case No. 1:20-cv-00299-ELH (D. Md.), the
Plaintiff Tiffany Dyer moves the Court on July 8, 2021 to enter an
order certifying this case to proceed as a class action and
granting final approval of the Parties' class settlement agreement,
on behalf of the following class:
"All Maryland consumers who were sent collection letters and/or
notices from the Defendant, during the period of February 4,
2019 to present, attempting to collect a consumer debt owed to
or allegedly owed to Patient First, which included a $40.00
collection fee, when no such fee was expressly authorized by the
agreement creating the debt."
Receivables Management Systems is a third party service provider
with over twenty-five years of collections experience.
A copy of the Plaintiff's motion to certify class dated July 1,
2021 is available from PacerMonitor.com at https://bit.ly/3AoRili
at no extra charge.[CC]
The Plaintiff is represented by:
Ari H. Marcus, Esq.
MARCUS & ZELMAN, LLC
701 Cookman Avenue, Suite 300
Asbury Park, NJ 07712
Telephone: (732) 695-3282
Facsimile: (732) 298-6256
E-mail: Ari@MarcusZelman.com
The Defendant is represented by:
Adam Sampson, Esq.
ROLLINS SMALKIN RICHARDS & MACKIE, LLC
300 East Lombard Street, Suite 900
Baltimore, MD 21202
Telephone: (410) 727-2443
E-mail: asampson@rsrm.com
SOLARA MEDICAL: Maldonado, et al., Seek to Certify Class
--------------------------------------------------------
In the class action lawsuit re: SOLARA MEDICAL SUPPLIES DATA BREACH
LITIGATION GLASS ACTION, Case No. 3:19-cv-02284-H-KSC (S.D. Cal.),
the Plaintiffs Juan Maldonado, Adam Bickford, Jeffrey Harris, Alex
Mercado, Thomas Wardrop, and Kristi Keally will move the Court on
September 13, 2021 to enter an order under Federal Rule of Civil
Procedure 23:
a. certifying the Class defined as
"all individuals in the United States and its Territories
who were sent a letter from Solara Medical Supplies, LLC
notifying them that their Protected Health Information
and/or Personally Identifiable Information may have been
compromised by the Data Breach;"
b. appointing the Plaintiffs as Class representatives;
c. appointing the Plaintiffs' counsel as Co-Lead Class
Counsel and Class Counsel;
d. directing the Plaintiffs to meet-and-confer with defendant
Solara Medical Supplies, LLC regarding, and present to the
Court for approval, a plan for the form and manner of
notice to the certified Class; and
e. granting such other and further relief as the Court deems
just and proper.
A copy of the Plaintiffs' motion to certify class dated July 2,
2021 is available from PacerMonitor.com at https://bit.ly/3AuQ6wU
at no extra charge.[CC]
The Plaintiffs are represented by:
Stuart A. Davidson, Esq.
Dorothy P. Antullis, Esq.
Bradley M. Beall, Esq
ROBBINS GELLER RUDMAN & DOWD LLP
120 East Palmetto Park Road, Suite 500
Boca Raton, FL 33432
Telephone: (561) 750-3000
Facsimile: (561) 750-3364
E-mail: sdavidson@rgrdlaw.com
dantu/is@rerdlaw.com
bbeall@rgrdlaw.com
- and -
William B. Federman, Esq.
A. Brooke Murphy, Esq.
FEDERMAN & SHERWOOD
10205 North Pennsylyania Avenue
Oklahoma City, OK 73120
Telephone: (405) 235-1560
Facsimile: (405) 239-2112
E-masil: WBF@federmanlaw.com
ABM@federamanlaw.com
- and -
James R. Noblin, Esq.
Robert S. Green, Esq.
GREEN & NOBLIN, P.C.
4500 East Pacific Coast Highway, 4th Floor
Long Beach, CA 90804
Telephone: (562) 391-2487
Facsimile: (415) 477-6710
E-mail: gn@classcounsel.com
gn@classcounsel.com
- and -
Kelly K. Iverson, Esq.
Eric D. Zard, Esq.
CARLSON LYNCH LLP
1133 Penn Avenue, 5th Floor
Pittsburgh, PA 15222
Telephone: (412) 322-9243
Facsimile: (412) 231-0246
E-mail: kiverson@carlsonlynch.com
ezard@carlsonlynch.com
STATE FARM: Elegant Massage Seeks Class Certification Hearing
-------------------------------------------------------------
In the class action lawsuit captioned as ELEGANT MASSAGE, LLC d/b/a
LIGHT STREAM SPA, on behalf of itself and all others similarly
situated, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY and
STATE FARM FIRE AND CASUALTY COMPANY, Case No.
2:20-cv-00265-RAJ-LRL (E.D. Va.), the Plaintiff asks the Court to
enter an order allowing a hearing and oral argument on its Motion
for Class Certification Under Rule 23(b)(2).
State Farm Insurance is a large group of insurance companies
throughout the United States with corporate headquarters in
Bloomington, Illinois.
A copy of the Plaintiff's motion dated July 1, 2021 is available
from PacerMonitor.com at https://bit.ly/3ApxNZZ at no extra
charge.[CC]
The Attorneys for the Plaintiff and the proposed Class, are:
William H. Monroe, Jr., Esq.
Marc C. Greco, Esq.
Kip A. Harbison, Esq.
Michael A. Glasser, Esq.
GLASSER AND GLASSER, P.L.C.
580 East Main Street, Suite 600
Norfolk, VA 23510
Telephone: (757) 625-6787
Facsimile: (757) 625-5959
E-mail: bill@glasserlaw.com
marcg@glasserlaw.com
kip@glasserlaw.com
michael@glasserlaw.com
- and -
Joseph H. Meltzer, Esq.
Naumon Amjed, Esq.
Melissa L. Troutner, Esq.
Tyler S. Graden, Esq.
Jordan Jacobson, Esq.
Lauren McGinley, Esq.
KESSLER TOPAZ
MELTZER & CHECK, LLP
280 King of Prussia Road
Radnor, PA 19087
Telephone: (610) 667-7706
Facsimile: (610) 667-7056
E-mail: jmeltzer@ktmc.com
namjed@ktmc.com
mtroutner@ktmc.com
tgraden@ktmc.com
jjacobson@ktmc.com
lmcginley@ktmc.com
- and -
James E. Cecchi, Esq.
Lindsey H. Taylor, Esq.
Donald A. Ecklund, Esq.
CARELLA, BYRNE, CECCHI,
OLSTEIN, BRODY & AGNELLO, P.C.
5 Becker Farm Road
Roseland, NJ 07068
Telephone: (973) 994-1700
Facsimile: (973) 994-1744
E-mail: jcecchi@carellabyrne.com
ltaylor@carellabyrne.com
decklund@carellabyrne.com
STATE FARM: Ngethpharat Wins Bid for Class Certification
--------------------------------------------------------
In the class action lawsuit captioned as ANYSA NGETHPHARAT,
individually, and JAMES KELLEY, individually and on behalf of those
similarly situated, v. STATE FARM MUTUAL INSURANCE COMPANY, STATE
FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Case No.
2:20-cv-00454-MJP (W.D. Wash.), the Hon. Judge entered an order
certifying the following class:
"All STATE FARM [Mutual] insureds with Washington first party
personal line policies issued in Washington State, who
received compensation for the total loss of their own
vehicles under their First Party (Comprehensive, Collision,
and UMPD) coverages, and whose claim was settled and paid
using the amount determined by a total loss valuation from
Audatex based upon the value of comparable vehicles which
took a deduction/adjustment for "typical negotiation"."
Excluded from the Class would be (a) the assigned Judge, the
Judge's staff and family, and State Farm employees; (b)
claims for accidents with dates of loss occurring before
March 25, 2014; (c) claims where the total loss was on a
"non-owned" (borrowed or rented) vehicles; and (d) claims
where the insured submitted written evidence supporting a
different valuation, and the amount of that different
valuation submitted by the insured was paid by State Farm to
settle the total loss.
The Court also appoints James Kelley as class representative and
Stephen Hansen of the Law 15 Offices of Stephen M. Hansen, P.S. and
Scott P. Nealy of the Law Office of Scott P. Nealy as class
counsel. But Plaintiff Anysa Ngethpharat may only pursue her claims
individually and not on behalf of anyone similarly situated—which
is now reflected in the caption.
The Court also grants in part and denies in part State Farm's
surreply/motion to strike. The Court strikes in part the
supplemental report of Torelli and the Reply's citation to it
concerning the 150-claim sample. The Court does not strike the
additional information Torelli provides about calculating classwide
damages using a future sample. The Court denies as moot State
Farm's request to strike the supplemental Harber declaration and
the Reply's citation to it. And the Court denies as moot the
request to strike Harber's declaration and Torelli's supplemental
reports as to the 150-claim sample, and DENIES the request to
strike Torelli's supplemental report as to classwide damages based
on a sampling methodology.
A copy of the Court's order dated July 1, 2021 is available from
PacerMonitor.com at https://bit.ly/3Aqpn4y at no extra charge.[CC]
STEELE COUNTY, MN: Coffey Seeks to Certify Class Action
-------------------------------------------------------
In the class action lawsuit captioned as Isaiah Coffey and Ron
Jaeger, on behalf of themselves individually and all others
similarly situated, v. Lon Thiele, in his official capacity as
Steele County Sheriff, Case No. 0:20-cv-02237-NEB-TNL (D. Minn.),
the Plaintiffs ask the Court to enter an order certifying this case
as a class action.
The Plaintiffs further respectfully move the Court to appoint the
Plaintiffs as Class Representatives and Legal Assistance to
Minnesota Prisoners as Class Counsel.
Steele County is a county in the U.S. state of Minnesota. As of the
2010 United States Census, the population was 36,576. Its county
seat is Owatonna.
A copy of the Plaintiffs' motion to certify class dated July 1,
2021 is available from PacerMonitor.com at https://bit.ly/3jF6JzS
at no extra charge.[CC]
The Plaintiffs are represented by:
Bradford Colbert, Esq.
Andrew Harris, Esq.
Claire Beyer, Esq.
Matthew Wilkening, Esq.
LEGAL ASSISTANCE TO
MINNESOTA PRISONERS
875 Summit Avenue, Room 254
St. Paul, MN 55105
STRADA SERVICES: Reyes Seeks Conditional Cert. of Class
Suit
----------------------------------------------------------------------
In the class action lawsuit captioned as RICHARD REYES,
individually and On behalf of
all others similarly situated,
v. STRADA SERVICES INC. d/b/a
STRADA ELECTRIC AND SECURITY, Case No.
8:21-cv-00976-VMC-TGW (), the Plaintiff asks the Court to enter an
order:
1. conditionally certifying this case
as a collective action
for the putative class of
similarly situated;
2. requiring the Defendant to produce
the names, addresses,
telephone numbers, email addresses,
and the last 4 digits
of the social security numbers
of each putative class
member; and
3. authorizing the Plaintiff to send
the enclosed notice of
this action to all current
and former Piece Rate Workers
that worked for Defendant
within the preceding three
years.
The Plaintiff Richard Reyes filed this
collective action complaint against the
Defendant Strada alleging that the Defendant
operated a scheme to avoid
paying overtime wages to its
Piece Rate Workers working under
the job titles or positions of
Electrical Installer, Installer,
Technician, Rough and Trim
Installer,Rough and Trim Electrician,
Electrician, or Helper (collectively
Piece Rate Workers),by unlawfully
permitting them to suffer to
work off the clock by ordering
them to under report their own
hours as well as engaging in
the falsification and editing of
time records in violation of the
Fair Labor Standards Act (FLSA).
Strada Services is a full-service electrical, security, and air
conditioning contracting company servicing residential, commercial,
and industrial businesses.
A copy of the Plaintiff's motion to certify class dated July 2,
2021 is available from PacerMonitor.com at https://bit.ly/3wgQ6xg
at no extra charge.[CC]
The Attorney for the Plaintiff and on
behalf of others similarly situated,
are:
Mitchell Feldman, Esq.
FELDMAN LEGAL GROUP
6916 W. Linebaugh Ave., No.
101
Tampa, FL 33625
Telephone: (813) 639-9366
Facsimile: (813) 639-9376
E-mail: mfeldman@flandgatrialattorneys.com
TAHOE RESOURCES: Nguyen Files Bid for Class Certification
---------------------------------------------------------
In the class action lawsuit re TAHOE RESOURCES, INC. SECURITIES
LITIGATION, Case No. 2:17-cv-01868-RFB-NJK (D. Nev.), the Lead
Plaintiff Kevin Nguyen asks the Court to enter an order:
1. certifying the Action as a class action pursuant to Rules
23(a) and (b)(3) of the Federal Rules of Civil Procedure;
2. appointing Lead Plaintiff as Class Representative; and
3. appointing Faruqi & Faruqi, LLP as Class Counsel pursuant
to Rule 23(g) of the Federal Rules of Civil Procedure
and Muckleroy Lunt, LLC as Liaison Class Counsel.
The Lead Plaintiff seeks certification of a class consisting of:
"all persons and entities who purchased or otherwise acquired
the common stock of Tahoe Resources, Inc. in the United States
or on the New York Stock Exchange ("NYSE") between April 3,
2013
and August 24, 2017, inclusive, and who suffered damages
thereby."
This Action alleges that Defendants violated Sections 10(b) and
20(a) of the Exchange Act and U.S. Securities and Exchange
Commission (SEC) Rule 10b-5, 17 C.F.R. section 240.10b-5. This
Court has already determined that Lead Plaintiff alleged violations
of the securities laws against Defendants with particularity.
Tahoe Resources was a mining company and intermediate precious
metals producer with silver and gold mines in Canada, Guatemala and
Peru. It was founded in Vancouver, British Columbia by Kevin
McArthur, former CEO of Glamis Gold and Goldcorp.
A copy of the Lead Plaintiff's motion to certify class dated July
1, 2021 is available from PacerMonitor.com at
https://bit.ly/3whUThE at no extra charge.[CC]
The Lead Plaintiff Kevin Nguyen is represented by:
Martin A. Muckleroy, Esq.
MUCKLEROY LUNT, LLC
6077 S. Fort Apache Rd., Ste 140
Las Vegas, NV 89148
Telephone: (702) 907-0097
Facsimile: (702) 938-4065
E-mail: martin@muckleroylunt.com
- and -
James M. Wilson, Jr., Esq.
Robert W. Killorin, Esq.
Megan M. Remmel, Esq.
Daniel B. Weiss, Esq.
FARUQI & FARUQI, LLP
685 Third Avenue, 26th Floor
New York, NY 10017
Telephone: (212) 983-9330
Facsimile: (212) 983-9331
E-mail: jwilson@faruqilaw.com
rkillorin@faruqilaw.com
mremmel@faruqilaw.com
dweiss@faruqilaw.com
TD AMERITRADE: Ford Renews Bid to Certify Class Action
------------------------------------------------------
In the class action lawsuit captioned as RODERICK C. FORD, on
behalf of himself and all similarly situated, v. TD AMERITRADE
HOLDING CORPORATION, TD AMERITRADE, INC., and FREDRIC TOMCZYK, Case
No. 8:14-cv-00396-JFB-SMB (D. Neb.), the Lead Plaintiff Roderick C.
Ford renews his motion for an Order certifying this action to
proceed as a class action pursuant to Rule 23 of the Federal Rules
of Civil Procedure.
The Plaintiff moves for certification of the following class of
similarly situated persons pursuant to Rule 23(b)(3):
"(1) all clients of TD Ameritrade between September 15, 2011
and September 15, 2014; (2) who placed orders that were
electronically routed by TD Ameritrade without manual review,
(3) in connection with which TD Ameritrade received either
liquidity rebates or payment for order flow, and (4) who paid a
commission to TD Ameritrade for execution of an order (the
"Class")."
The Plaintiff also seeks certification of a class for injunctive
relief pursuant to Rule 23(b)(2): as follows:
"all clients of TD Ameritrade between September 15, 2011 and
September 15, 2014 who placed orders in connection with which TD
Ameritrade received either liquidity rebates or payment for
order flow and who continue to be clients of TD Ameritrade. (the
"Injunctive Class")."
In the alternative, Plaintiff moves pursuant to Rule 23(c)(4) for
certification of the following class of similarly situated
persons:
(1) all clients of TD Ameritrade between September 15, 2011
and September 15, 2014; (2) who placed orders that were
electronically routed by TD Ameritrade without manual review,
and (3) in connection with which TD Ameritrade received either
liquidity rebates or payment for order flow (the "Issues
Class")."
Excluded from the Class, the Injunctive Class, and the Issues
Class are the Defendants, each of their immediate family
members, legal representatives, heirs, successors or assigns,
and any entity in which any of the defendants have or had a
controlling interest.
The Plaintiff further requests that the Court appoint Plaintiff to
serve as Class Representative; and appoint Levi & Korsinsky LLP as
Class Counsel.
A copy of the Plaintiff's motion dated July 1, 2021 is available
from PacerMonitor.com at https://bit.ly/3jDcsGj at no extra
charge.[CC]
The Plaintiff is represented by:
Gregory C. Scaglione, Esq.
Patrice D. Ott, Esq.
KOLEY JESSEN P.C., L.L.O.
One Pacific Place, Suite 800
1125 South 103rd Street
Omaha, NE 68124
Telephone: (402) 390-9500
Facsimile: (402) 390-9005
E-mail: Greg.scaglione@koleyjessen.com
Patrice.ott@koleyjessen.com
- and -
Joseph J. DePalma, Esq.
LITE DEPALMA GREENBERG &
AFANADOR, LLC
570 Broad Street, Suite 1201
Newark, NJ 07102
Telephone: (973) 623-3000
Facsimile: (973) 623-0858
E-mail: jdepalma@litedepalma.com
- and -
Eduard Korsinsky, Esq.
Nicholas I. Porritt, Esq.
55 Broadway, 10th Floor
New York, NY 10004
Telephone: (212) 363-7500
Facsimile: (212) 363-7171
E-mail: ek@zlk.com
nporritt@zlk.com
UNITED PROPANE: Eyes Seeks FLSA Conditional Certification
---------------------------------------------------------
In the class action lawsuit captioned as MICHAEL EYES,
individually, and on behalf of himself and others similarly
situated, v. UNITED PROPANE GAS, INC., LAKEWAY PROPANE GAS, INC.,
and ERIC T. SMALL, individually, Case No. 2:20-cv-208 (E.D. Tenn.),
the Plaintiff asks the Court to enter an order:
1. conditionally certifying a class of:
"all individuals Defendants employed as delivery
drivers/traveling tank setters during the last three
years;"
2. authorizing this action to proceed as an FLSA collective
action;
3. directing the Defendants to immediately provide
Plaintiff's counsel a computer-readable file containing
the names (last names first), last known physical
addresses, last known email addresses, social security
numbers, dates of employment and last known telephone
numbers of all putative class members during the last
three years;
4. providing that Court-approved notice be posted at all of
the Defendants' facilities in the United States, enclosed
with Defendants' currently-employed putative class
members' next regularly-scheduled paychecks or stubs, and
be mailed and emailed to putative class members employed
by the Defendants during the past three years or currently
employs at any of its facilities so they can timely assert
their claims as part of this litigation;
5. tolling the putative class' statute of limitations as of
the date this Motion is fully briefed; and
6. deeming Opt-in Plaintiffs' Consent Forms to be "filed" on
the dates they are postmarked.
United Propane Gas delivers propane gas and heating services. The
Company provides propane cylinders for use in space heaters and
propane furnaces.
A copy of the Plaintiff's motion to certify class dated July 1,
2021 is available from PacerMonitor.com at https://bit.ly/3dITk65
at no extra charge.[CC]
The Plaintiff is represented by:
Robert E. Morelli, Esq.
Gordon E. Jackson, Esq.
J. Russ Bryant, Esq.
Robert E. Turner, IV, Esq.
Nathaniel A. Bishop, Esq.
JACKSON, SHIELDS, YEISER, HOLT
OWEN & BRYANT
262 German Oak Drive
Memphis, TN 38018
Telephone: (901) 754-8001
Facsimile: (901) 754-8524
E-mail: gjackson@jsyc.com
rbryant@jsyc.com
rturner@jsyc.com
nbishop@jsyc.com
rmorelli@jsyc.com
UNITED STATES: MGFC Seeks to Amend Class Certification
------------------------------------------------------
In the class action lawsuit captioned as MEXICAN GULF FISHING
COMPANY, et al., v. U.S. DEPARTMENT OF COMMERCE, et al., Case No.
2:20-cv-02312-SM-JVM (E.D. La.), the Plaintiffs ask the Court to
enter an order to amend or alter the type of class certification
granted in the Order and Reasons, and to confirm their class
counsel.
This Court previously certified this class action under Federal
Rule of Civil Procedure 23(b)(3). The Plaintiffs now respectfully
move this Court to amend that grant of certification to a class
action under Federal Rule of Civil Procedure 23(b)(2). The
Plaintiffs also move this Court to confirm Mr. Grimsal from Gordon,
Arata, Montgomery, Barret, McCollam, Duplantis & Eagan, LLC and Mr.
Vecchione from the New Civil Liberties Alliance (NCLA) as class
counsel.
The United States Department of Commerce is an executive department
of the U.S. federal government concerned with promoting economic
growth. Among its tasks are gathering economic and demographic data
for business and government decision making, and helping to set
industrial standards.
A copy of the Plaintiffs' motion dated July 2, 2021 is available
from PacerMonitor.com at https://bit.ly/3xkitM6 at no extra
charge.[CC]
The Plaintiffs are represented by:
A. Gregory Grimsal, Esq.
GORDON, ARATA, MONTGOMERY,
BARNETT, McCOLLAM, DUPLANTIS
& EAGAN, LLC
201 St. Charles Avenue, 40th Floor
New Orleans, LA 70170-4000
Telephone: (504) 582-1111
Facsimile: (504) 582-1121
E-mail: ggrimsal@gamb.com
- and -
John J. Vecchione, Esq.
Sheng Li, Esq.
NEW CIVIL LIBERTIES ALLIANCE
1225 19 th Street NW, Suite 450
Washington, DC 20036
Telephone: (202) 869-5210
E-mail: john.vecchione@ncla.legal
sheng.li@ncla.legal
UNITED STATES: Navy Veterans Seek to Certify Class Action
---------------------------------------------------------
In the class action lawsuit captioned as OSCAR D. TORRES, on behalf
of himself and all others similarly situated, v. THOMAS W. HARKER,
UNITED STATES SECRETARY OF THE NAVY (ACTING), UNITED STATES OF
AMERICA, in his official capacity, Case No. 1:21-cv-00306-RCL
(D.D.C.), the Plaintiff asks the Court to enter an order certifying
this case as a class action, with the class
consisting of:
"all veterans of the United States Navy and Marine Corps who
claimed conditions in Section II of the joint Department of
Defense / Veterans Affairs claim form (VA Form 21-0819)
that were not listed on the Navy Medical Department
("NAVMED") Form 6100/1 dated and signed by a convening
authority and who did not receive a medical retirement
through the Integrated Disability Evaluation System
("IDES")."
Under the Department of the Navy's "Properly Referred Policy,"
challenged in this lawsuit, the boards convened to evaluate a
soldiers' military retirement for disability could only consider
the fitness of medical conditions: (i) specifically addressed in a
Medical Evaluation Board ("MEB") report, narrative summary
("NARSUM"), or Medical Addendum; (ii) supported by a VA disability
examination; and (iii) that appear on a single NAVMED Form 6100/1,
dated and signed by the authority convening the disability review.
The United States Navy is the maritime service branch of the United
States Armed Forces and one of the eight uniformed services of the
United States.
A copy of the Plaintiff's motion to certify class dated July 2,
2021 is available from PacerMonitor.com at https://bit.ly/3dDSjfF
at no extra charge.[CC]
The Plaintiff is represented by:
Barak Cohen, Esq.
Donald J. Friedman, Esq.
PERKINS COIE LLP
700 Thirteenth Street, N.W., Suite 800
Washington, D.C. 20005-3960
Telephone: (202) 654-6200
Facsimile: (202) 654-6211
E-mail: BCohen@perkinscoie.com
DFriedman@perkinscoie.com
- and -
David P. Chiappetta, Esq.
Geoffrey A. Vance, Esq.
Thomas J. Tobin, Esq.
PERKINS COIE LLP
505 Howard Street, Suite 1000
San Francisco, CA 94105-3204
Telephone: (415) 344-7000
Facsimile: (415) 344-7050
E-mail: DChiappetta@perkinscoie.com
GVance@perkinscoie.com
TTobin@perkinscoie.com
- and -
Barton Stichman, Esq.
David Sonenshine, Esq.
Rochelle Bobroff, Esq.
Esther Leibfarth, Esq.
NATIONAL VETERANS LEGAL SERVICES PROGRAM
1600 K Street, N.W. Suite 500
Washington, DC 20006-2833
Telephone: (202) 265-8305
Facsimile: (202) 223-9199
E-mail: Bart@nvlsp.org
David@nvlsp.org
Rochelle@nvlsp.org
Esther@nvlsp.org
USAA CASUALTY: Black Seeks Time Extension of Class Cert. Bid Filing
-------------------------------------------------------------------
In the class action lawsuit captioned as JAHAZEL BLACK,
individually and on behalf of all others similarly situated, v.
USAA CASUALTY INSURANCE COMPANY, Case No. 1:21-cv-01363-LMM (N.D.
Ga.), the Plaintiff asks the Court to enter an order extending time
to file her motion for class certification.
The Defendant's answer is due July 2, 2021, and the parties have
exchanged proposed dates (including a class certification deadline)
to be included in a Joint Preliminary Report and Discovery Plan and
expect to file it next week. Because the 90-day deadline to file a
motion for class certification expires on July 5, 2021, Plaintiff
files this motion now. The Plaintiff requests that the deadline for
the motion for class certification be extended to a date to be set
by the Court upon review of the forthcoming Joint Preliminary
Report and Discovery Plan.
The putative class of Defendant insureds who submitted covered
first-party total loss claims, and who were not paid the full motor
vehicle title ad valorem tax due under the polices and Georgia law.
The Defendant will file its Answer on July 2, 2021.
A copy of the Plaintiff's motion dated July 1, 2021 is available
from PacerMonitor.com at https://bit.ly/3ABeJYX at no extra
charge.[CC]
The Plaintiff is represented by:
Christopher B. Hall, Esq.
Gordon Van Remmen, Esq.
HALL & LAMPROS, LLP
400 Galleria Parkway, Suite 1150
Atlanta, GA 30339
Telephone: (404) 876-8100
Facsimile: (404) 876-3477
E-mail: chall@hallandlampros.com
gordon@hallandlampros.com
- and -
W. Thomas Lacy, Esq.
LINDSEY & LACY, PC
200 Westpark Drive, Suite 280
Peachtree City, GA 30269
Telephone: (770) 486-8445
Facsimile: (770) 486-8889
E-mail: tlacy@llptc.com
- and -
Scott Edelsberg, Esq.
EDELSBERG LAW, PA
20900 NE 30th Ave., Suite 417
Aventura, FL 33180
Telephone: (305) 975-3320
Facsimile: (786) 623-0915
E-mail: scott@edelsberglaw.com
- and -
Andrew J. Shamis, Esq.
SHAMIS & GENTILE, P.A.
14 NE 1st Ave., Suite 1205
Miami, FL 33132
Telephone: (305) 479-2299
Facsimile (786) 623-0915
E-mail: ashamis@shamisgentile.com
efilings@shamisgentile.com
WESTON MEMORY: Court Junks Troutman Class Certification Bid
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In the class action lawsuit captioned as CHRISTINE TROUTMAN, on
behalf of herself and all others similarly situated, v. WESTON
MEMORY CARE, LLC, SANCTUARY CARE GROUP, LLC, MIDWEST ASSISTED
LIVING PARTNERS, LLC, MIDWEST ASSISTED LIVING PARTNERS I, LLC,
MIDWEST ASSISTED LIVING PARTNERS II, LLC, and MIDWEST ASSISTED
LIVING PARTNERS III, LLC, Case No. 3:20-cv-00332-jdp (W.D. Wisc.),
the Court entered an order denying without prejudice the motion for
preliminary approval of the settlement, and motion for class
certification.
The parties may have until July 21, 2021, to submit renewed
motions, says Judge Peterson.
This is a proposed class and collective action in which plaintiff
Christine Troutman contends that her employers violated the Fair
Labor Standards Act and state law by failing to include all
nondiscretionary payments when calculating her regular rate of pay
for the purpose of calculating her overtime rate. The court
previously approved the parties' stipulation for conditional
certification of a collective under 29 U.S.C. section 216(b).
The court denied the parties' motions without prejudice for
problems relating to the proposed class definition:
"All current and former hourly-paid, non-exempt employees
employed by Defendants at Tender Reflections communities
within the two years immediately preceding the filing of the
Complaint who have not been compensated for all hours worked in
excess of 40 hours in a workweek at the proper, correct, and/or
lawful overtime rate of pay as a result of Defendants' failure
to include all forms of nondiscretionary compensation in said
employees' regular rates of pay for overtime calculation
purposes."
The problem is with the portion of the definition that limits the
class to employees who were not compensated "at the proper,
correct, and/or lawful overtime rate as a result of Defendants'
failure to include all forms of nondiscretionary compensation in
said employees' regular rates of pay for overtime calculation
purposes." This is a problem because it defines the class by a
claim's success on the merits. "Defining the class in terms of
success on the merits is a problem because a class member either
wins or, by virtue of losing, is defined out of the class and is
therefore not bound by the judgment." Mullins v. Direct Digital,
LLC, 795 F.3d 654, 660 (7th Cir. 2015).
A copy of the Court's order dated June 30, 2021 is available from
PacerMonitor.com at https://bit.ly/366kdwG at no extra charge.[CC]
WOODSTREAM CORP: Class Certification Reply Brief Extended to July 9
-------------------------------------------------------------------
In the class action lawsuit captioned as Painter v. Woodstream
Corporation, Case No. 1:18-cv-02872 (N.D. Ohio), the Hon. Judge
Solomon Oliver, Jr. entered an order granting the Plaintiff's
unopposed motion for extension of class certification reply brief
until July 9, 2021.
The nature of sui states torts -- personal property -- other
fraud.
Woodstream Corporation manufactures and markets pest control and
wildlife caring and control products.
Woodstream Corporation manufactures and markets pest control and
wildlife caring and control products.[CC]
YAYYO INC: Plaintiffs Seek to Certify Classes in Securities Suit
----------------------------------------------------------------
In the class action lawsuit RE YAYYO, INC. SECURITIES LITIGATION,
Case No. 2:20-cv-08235-SVW-AFM (C.D. Cal.), the Plaintiffs ask the
Court to enter an order:
1. certifying the following classes:
a. The Exchange Act Class
all persons or entities who purchased or otherwise
acquired YayYo Inc. common stock during the
period from November 13, 2019 through and including
April 28, 2020, both dates inclusive (the "Exchange Act
Class Period");"
Excluded from the Exchange Act Class are Defendants and
their family members, directors and officers of YayYo,
WestPark Capital, Inc. and Aegis Capital Corporation
and their families, affiliates, predecessors and/or
successors.
b. The Securities Act Class:
"all persons or entities who purchased or otherwise
acquired YayYo common stock pursuant and/or traceable to
the registration statement and related prospectuses
(collectively, the "Registration Statement") issued in
connection with YayYo's November 13, 2019 initial public
offering."
Excluded from the Securities Act Class are Defendants
and their family members, directors and officers of
YayYo, WestPark and Aegis and their families,
affiliates, predecessors and/or successors.
c. The Securities Act Subclass
"all persons or entities who were primary investors and
acquired shares of YayYo's common stock pursuant to the
November 13, 2019 IPO. Excluded from the Securities Act
Subclass are Defendants and their family members,
directors and officers of YayYo, WestPark and Aegis and
their families, affiliates, predecessors and/or
successors;"
2. appointing them as Class Representatives; and
3. appointing Pomerantz LLP as Class Counsel.
YayYo. develops and delivers a rideshare booking and cost
comparison application. The Company offers a metasearch application
for smartphones.
A copy of the Plaintiffs' motion to certify class dated July 2,
2021 is available from PacerMonitor.com at https://bit.ly/3dIVWRt
at no extra charge.[CC]
The Plaintiffs are represented by:
Jennifer Pafiti, Esq.
Cara David, Esq.
POMERANTZ LLP
1100 Glendon Avenue, 15th Floor
Los Angeles, CA 90024
Telephone: (310) 405-7190
E-maiL: jpafiti@pomlaw.com
cdavid@pomlaw.com
- and -
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
E-mail: peretz@bgandg.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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