/raid1/www/Hosts/bankrupt/CAR_Public/210907.mbx
C L A S S A C T I O N R E P O R T E R
Tuesday, September 7, 2021, Vol. 23, No. 173
Headlines
1234 FOREST: Underpays Pump Attendants, Lakshman Suit Claims
ADVENTERRA GAMES: Calcano Files ADA Suit in S.D. New York
ARS NATIONAL SERVICES: Thanakit Slams Confusing Collection Letters
ASPEN DENTAL: Simas Files Suit in Cal. Super. Ct.
BAYER HEALTHCARE: Dahlgren Suit Moved From S.D.N.Y. to N.D. Ill.
BAYER HEALTHCARE: Dphrepaulezz Suit Transferred to N.D. Illinois
BENCHMARK CONTRACTING: Reyes et al. Sue Over Unpaid OT Wages
BOZZO LLC: Faces Mance Suit Over Failure to Pay Overtime Wages
BROOKE HOLDINGS: Robinson Files Bid to Compel to Produce Documents
CONSTRUCTIVE EATING: Calcano Files ADA Suit in S.D. New York
COPPOLA'S TUSCAN: Fails to Pay Delivery Workers' Wages, Reyes Says
COURIER VAULT: Fields Suit Seeks Unpaid Wages for Delivery Drivers
EDGEWELL PERSONAL: Condreay Files Suit in C.D. California
EL RANCHO: Lemus Labor Suit Seeks Restaurant Staff's Unpaid Wages
FARMERS GROUP: Kingray Suit Transferred to S.D. New York
FRAAI MANAGEMENT: Faces Zelaya Wage-and-Hour Suit in California
FRUITS-A-PLENTY INC: Suit Seeks Minimum & OT Wages Under FLSA, NYLL
FULL SERVICE: Madriz Slams Unpaid Overtime, Missed Breaks
G&B GROCERS: Smith Sues Over Cashiers' Unpaid Minimum and OT Wages
GENERAC HOLDINGS: Procter Hits Share Drop from Generator Recall
GOGO TECHNOLOGIES: Leszczynski Files TCPA Suit in S.D. California
GUITRON ALCAZAR: Hernandez Files Suit in Cal. Super. Ct.
HEALTH CARE: Faces Souza ERISA Suit Over Clinical Coverage Criteria
IMPERIA CAVIAR: Fischler Sues Over Blind's Equal Website Access
INTERNATIONAL HOUSE: Wallace Seeks Unpaid Wages Under FLSA, NYLL
JAMES B RESTAURANT: Cajamarca Files FLSA Suit in E.D. New York
KONINKELIJKE PHILIPS: James Sues Over Health Risks of CPAP Devices
LA-Z-BOY INC: Mason Sues Over Non-Blind Friendly Website
LEMONADE INC: Pruden Sues Over Illegal Biometric Data Collection
LOANDEPOT.COM: Hoard Sues Over Unsolicited Prerecorded Messages
MARQUEZ BROTHERS: Underpays Delivery Drivers, Mojica Suit Claims
MLJ PAINTING: Parra Suit Claims Unpaid Overtime for Painters
MOST RELIABLE: Valverde Seeks Minimum & OT Wages Under FLSA, NYLL
MSG ENTERTAINMENT: Plaintiff's Verification Filed in Murray Suit
NESTLE WATERS: Wakefern Filed a Motion to Quash in Patane Suit
NORGREN INC: Edwards BIPA Class Suit Removed to N.D. Illinois
PENDLETON WOOLEN: Washburn Seeks OT Pay Under FLSA, Labor Code
PLATINUM CLEANING: Fails to Properly Pay Workers, Harris Alleges
PRIME TIME: Fails to Properly Pay Minimum & OT Wages, Klein Claims
REXNORD CORPORATION: Bushansky Balks at Merger Deal With Regal
RHG MANPOWER: Villalobos Seeks Minimum & OT Wages Under FLSA, NYLL
RICHMOND CONSTRUCTION: Lagos Sues Over Unpaid Overtime for Laborers
SEQUENTIAL BRANDS: D'Arcy Suit Moved From C.D. Cal. to S.D.N.Y.
SESEN BIO INC: Cizek Hits Share Drop from Failed Cancer Drug
ST. JOSEPH: Faces Richard Wage-and-Hour Suit in California
STUDENT ASSIST: Faces Ulery TCPA Suit Over Unwanted Robocalls
T-MOBILE US: Fails to Properly Secure Customers' Info, Vash Claims
T-MOBILE US: Fails to Protect Customers' Personal Info, Thang Says
T-MOBILE USA: Norris Sues Over Data Breach
TAISHAN GYPSUM: Bayne Suit Moved From N.D. Alabama to N.D. Florida
TERESA HOWELL: Easley Files Suit in W.D. Arkansas
*********
1234 FOREST: Underpays Pump Attendants, Lakshman Suit Claims
------------------------------------------------------------
The case, LIYANA P. LAKSHMAN, individually and in behalf of all
other persons similarly situated, Plaintiff v. 1234 FOREST AVE INC,
1234 FOREST AVE HOLDING CORP., and ISAAC TWITZER, jointly and
severally, Defendants, Case No. 1:21-cv-04843 (E.D.N.Y., August 27,
2021) arises from the Defendants' alleged violations of the Fair
Labor Standards Act.
The Plaintiff was employed by the Defendants as a pump attendant
from approximately 2008 until September 10, 2018.
Despite working approximately between 48 and 72 hours per week, the
Defendants compensated the Plaintiff and other similarly situated
employees below the applicable minimum wage. In addition, the
Defendants failed to pay them overtime compensation at the rate of
one and one-half times their regular rates of pay for all hours
worked in excess of 40 per workweek, as well as a spread of hours
pay for working more than 10 hours each day. Moreover, the
Defendants failed to maintain accurate and sufficient records,
failed to provide them with a wage statement with each payment of
wages, and failed to post or keep posted notices explaining their
minimum wage rights, the suit says.
The Corporate Defendants is a full-service gas station owned by the
Individual Defendant. [BN]
The Plaintiff is represented by:
John M. Gurrieri, Esq.
Justin A. Zeller, Esq.
LAW OFFICE OF JUSTIN A. ZELLER, P.C.
277 Broadway, Suite 408
New York, NY 10007-2036
Tel: (212) 229-2249
Fax: (212) 229-2246
E-mail: jmgurrieri@zellerlegal.com
jazeller@zellerlegal.com
ADVENTERRA GAMES: Calcano Files ADA Suit in S.D. New York
---------------------------------------------------------
A class action lawsuit has been filed against Adventerra Games
North America LLC. The case is styled as Evelina Calcano, on behalf
of herself and all other persons similarly situated v. Adventerra
Games North America LLC, Case No. 1:21-cv-07402 (S.D.N.Y., Sept. 2,
2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Adventerra Games -- https://adventerragamesusa.com/ -- creates and
develops educational games for children that are focused on
environmental themes.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
GOTTLIEB & ASSOCIATES
150 E. 18 St., Suite PHR
New York, NY 10003
Phone: (212) 228-9795
Email: michael@gottlieb.legal
ARS NATIONAL SERVICES: Thanakit Slams Confusing Collection Letters
------------------------------------------------------------------
Matthew Thanakit, individually and on behalf of others similarly
situated, Plaintiff, v. ARS National Services, Inc. and John and
Jane Does 1-10, Defendants, Case No. 719354/2021 (N.Y. Sup., August
26, 2021), seeks such relief as allowed under the Fair Debt
Collection Practices Act including, without limitation, statutory
damages, attorney fees and costs.
ARS regularly engages in the collection or attempted collection of
defaulted consumer debts owed to others. On August 26, 2020, ARS
mailed Thanakit a letter that sought to collect defaulted debt he
owed JP Morgan Chase Bank, N.A. offering settlement of his account
at 35% of his balance in two installments of $1,248.99 due two
months apart. However, on August 27, ARS mailed Thanakit a letter
that sought to collect defaulted debt he owed JP Morgan Chase Bank,
N.A. offering settlement of his account at 35% of his balance in
two installments of $11,212.17 due two months apart.
Thanakit contends that anyone can reasonably come to two different
interpretations with regard to how to make a settlement payment
given these two letters. [BN]
The Plaintiff is represented by:
Alla Gulchina, Esq.
THOMASSON PLLC
350 Springfield Avenue, Suite 200
Summit, NJ 07901-1460
Telephone (973) 548-0123
E-mail: Alla@Thomassonpllc.com
- and -
Simon Goldenberg, Esq.
LAW OFFICE OF SIMON GOLDENBERG PLLC
818 East 16th Street
Brooklyn, NY 11230
Telephone: (347) 640-4357
E-mail: simon@goldenbergfirm.com
ASPEN DENTAL: Simas Files Suit in Cal. Super. Ct.
-------------------------------------------------
A class action lawsuit has been filed against Aspen Dental
Management, Inc., et al. The case is styled as Sara Simas, and on
behalf of all others similarly situated v. Aspen Dental Management,
Inc., Does 1-20, Case No. 34-2021-00307317-CU-OE-GDS (Cal. Super.
Ct., Sacramento Cty., Sept. 2, 2021).
The case type is stated as "Other Employment – Civil Unlimited."
Aspen Dental Management, Inc. -- http://www.aspendental.com/-- is
a dental support organization, a dental practice management
corporation that provides business support and administrative
services in the US.[BN]
The Plaintiff is represented by:
Samuel A Wong, Esq.
AEGIS LAW FIRM, PC
9811 Irvine Center Drive Suite 100
Irvine, CA 92618
Phone: (949) 379-6250
Fax: (949) 379-6251
Email: swong@aegislawfirm.com
BAYER HEALTHCARE: Dahlgren Suit Moved From S.D.N.Y. to N.D. Ill.
----------------------------------------------------------------
The case styled DARLENE DAHLGREN, individually and on behalf of all
others similarly situated v. BAYER HEALTHCARE LLC, and ELANCO
ANIMAL HEALTH, INC., Case No. 1:21-cv-03109, was transferred from
the U.S. District Court for the Southern District of New York to
the U.S. District Court for the Northern District of Illinois on
August 31, 2021.
The Clerk of Court for the Northern District of Illinois assigned
Case No. 1:21-cv-04489 to the proceeding.
The case arises from the Defendants' alleged breach of express
warranty, breach of implied warranty of merchantability, unjust
enrichment, and violation of the New York General Business Law by
manufacturing and marketing Seresto brand flea and tick collars
despite knowing the products' dangers to pets.
Bayer Healthcare LLC is a manufacturer of healthcare and medical
products, headquartered in Whippany, New Jersey.
Elanco Animal Health, Inc. is an American pharmaceutical company,
headquartered in Greenfield, Indiana. [BN]
The Plaintiff is represented by:
Alex R. Straus, Esq.
GREG COLEMAN LAW PC
16748 McCormick Street
Los Angeles, CA 91436
Telephone: (917) 471-1894
E-mail: alex@gregcolemanlaw.com
- and –
Rachel Soffin, Esq.
Jonathan B. Cohen, Esq.
William A. Ladnier, Esq.
GREG COLEMAN LAW PC
First Tennessee Plaza
800 S. Gay Street, Suite 1100
Knoxville, TN 37929
Telephone: (865) 247-0080
Facsimile: (865) 522-0049
E-mail: rachel@gregcolemanlaw.com
jonathan@gregcolemanlaw.com
will@gregcolemanlaw.com
BAYER HEALTHCARE: Dphrepaulezz Suit Transferred to N.D. Illinois
----------------------------------------------------------------
The case styled MICHAELE DPHREPAULEZZ, on behalf of herself and all
others similarly situated v. BAYER HEALTHCARE LLC and ELANCO ANIMAL
HEALTH, INC., Case No. 3:21-cv-02439, was transferred from the U.S.
District Court for the Northern District of California to the U.S.
District Court for the Northern District of Illinois on August 30,
2021.
The Clerk of Court for the Northern District of Illinois assigned
Case No. 1:21-cv-04480 to the proceeding.
The case arises from the Defendant's alleged unjust enrichment,
breach of the implied warranty of merchantability, and violations
of the California's Consumers Legal Remedies Act and the
California's Unfair Competition Law by manufacturing, making,
marketing, and distributing Seresto brand flea and tick collars,
which can cause serious injuries to pets.
Bayer Healthcare LLC is a manufacturer of healthcare and medical
products, headquartered in Whippany, New Jersey.
Elanco Animal Health, Inc. is an American pharmaceutical company,
headquartered in Greenfield, Indiana. [BN]
The Plaintiff is represented by:
L. Timothy Fisher, Esq.
Yeremey Krivoshey, Esq.
Blair E. Reed, Esq.
BURSOR & FISHER, P.A.
1990 North California Blvd., Suite 940
Walnut Creek, CA 94596
Telephone: (925) 300-4455
Facsimile: (925) 407-2700
E-mail: ltfisher@bursor.com
ykrivoshey@bursor.com
breed@bursor.com
- and –
Scott A. Bursor, Esq.
BURSOR & FISHER, P.A.
701 Brickell Avenue, Suite 1420
Miami, FL 33131
Telephone: (305) 330-5512
Facsimile: (305) 676-9006
E-mail: scott@bursor.com
BENCHMARK CONTRACTING: Reyes et al. Sue Over Unpaid OT Wages
------------------------------------------------------------
SALVADOR DE JESUS REYES, MILWAR VARGAS, and ELOY CALDAS, on behalf
of themselves and all others similarly situated, Plaintiffs v.
BENCHMARK CONTRACTING INC., ALAN RAFTERY, and ANDREW COLLINS,
Defendants, Case No. 1:21-cv-07218 (S.D.N.Y., August 27, 2021)
allege the Defendants of intentional and willful violations of the
Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL).
Plaintiffs Reyes and Vargas have worked for the Defendants as
carpenters and concrete workers - Reyes was from approximately the
summer of 2017 through November 2019 and Vargas was from
approximately November 2017 through November 2019. Plaintiff Caldas
has worked for the Defendants as a metal bar and concrete worker
from approximately May 2017 through September 2018.
The Plaintiffs bring this complaint as a collective and class
action claiming that they and other similarly situated construction
workers regularly worked more than 40 hours on at least some
workweeks in the last three years. However, the Defendants deprived
them of their lawfully earned overtime compensation at the rate of
one and one-half times their regular rates of pay for all hours
they worked in excess of 40 per workweek. Instead, they were only
paid on a straight time basis without overtime. The Defendants also
failed to provide them with accurate wage statements each pay day,
and with wage notices, and to keep and maintain records, the suit
says.
Benchmark Contracting Inc. is a construction company that conducts
carpentry and concrete work for its clients. Defendant Alan Raftery
is a principal of Benchmark Contracting, while Defendant Andrew
Collins is an owner of Benhmark. [BN]
The Plaintiffs are represented by:
Louis Pechman, Esq.
Gianfranco J. Cuadra, Esq.
PECHMAN LAW GROUP PLLC
488 Madison Ave., 17th Floor
New York, NY 10022
Tel: (212) 583-9500
E-mail: pechman@pechmanlaw.com
cuadra@pechmanlaw.com
BOZZO LLC: Faces Mance Suit Over Failure to Pay Overtime Wages
--------------------------------------------------------------
ALEXANDRIA IVY MANCE, on behalf of herself and all others similarly
situated, Plaintiff v. BOZZO LLC d/b/a DMS MANAGEMENT SOLUTIONS,
and CORRIGAN, KRAUSE, HARRISON, LONG, HARSAR, CPA'S LLC,
Defendants, Case No. 1:21-cv-01678 (N.D. Ohio, August 27, 2021) is
a class and collective action complaint brought against the
Defendants to challenge its alleged unlawful policies and practices
that violated the Fair Labor Standards Act.
The Plaintiff was employed by the Defendants from approximately
March 2020 to February 2021 as an hourly-paid and non-exempt
non-CPA staff accountant / bookkeeper.
According to the complaint, the Defendants required the Plaintiff
and other similarly situated employees to work overtime, more than
40 hours per workweek. However, the Defendants denied 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, says the suit.
Bozzo LLC d/b/a DMS Management Solutions and Corrigan, Kraus,
Harrison, Long, Harsar, CPA's LLC provide accounting and
bookkeeping services. Corporate Defendants share common management
and share common ownership. [BN]
The Plaintiff is represented by:
Joseph F. Scott, Esq.
Ryan A. Winters, Esq.
Kevin M. McDermott II, Esq.
SCOTT & WINTERS LAW FIRM, LLC
The Caxton Building
812 Huron Rd. E., Suite 490
Cleveland, OH 44115
Tel: (216) 912-2221
Fax: (216) 350-6313
E-mail: jscott@ohiowagelawyers.com
rwinters@ohiowagelawyers.com
kmcdermott@ohiowagelawyers.com
BROOKE HOLDINGS: Robinson Files Bid to Compel to Produce Documents
------------------------------------------------------------------
Jessica Robinson, Stacey Jennings, and Priscilla McGowan,
individually and on behalf of others similarly situated, Movants v.
BROOKE HOLDINGS DBA JACKSON HEWITT TAX SERVICE, Respondent, Case
No. 5:21-cv-00314-MTT (M.D. Ga., Aug. 23, 2021), brought a Motion
to Compel Brooke Holdings DBA Jackson Hewitt Tax Service to produce
documents in compliance with the subpoena duces tecum issued in
January 2021.
Specifically, the Subpoena requested documents related to each of
the 28 Jackson Hewitt franchise locations Brooke Holdings operates
but it has produced documents for only one franchise. The parties
are now at impasse. Pursuant to Federal Rule of Civil Procedure 45,
Movants respectfully request that this Court issue an Order
requiring Brooke Holdings to comply with a duly issued subpoena to
produce responsive documents in its possession, custody, or
control.[BN]
The Movants are represented by:
Benjamin I. Fink, Esq.
William J. Piercy, Esq.
BERMAN FINK VAN HORN P.C.
3475 Piedmont Road, NE, Suite 1100
Atlanta, GA 30305-6400
Phone: (404) 261 -7711
Facsimile: (404) 233-1943
Email: bfink@bfvlaw.com
bpiercy@bfvlaw.com
- and -
Bruce D. Greenberg, Esq.
LITE DEPALMA GREENBERG, LLC
570 Broad Street, Suite 1201
Newark, New Jersey 07102
Phone: (973) 877-3820
Email: bgreenberg@litedepalma.com
- and -
Joseph R. Saveri, Esq.
Steven N. Williams, Esq.
Christopher K.L. Young, Esq.
JOSEPH SAVERI LAW FIRM, LLP
601 California Street, Suite 1000
San Francisco, California 94108
Phone: (415) 500-6800
Email: jsaveri@saverilawfirm.com
swilliams@saverilawfirm.com
cyoung@saverilawfirm.com
- and -
Jason S. Hartley, Esq.
HARTLEY LLP
101 West Broadway, Suite 820
San Diego, California 92101
Phone: (619) 400-5822
Email: hartley@hartleyllp.com
- and -
Richard M. Paul III, Esq.
Laura C. Fellows, Esq.
PAUL LLP
601 Walnut Street, Suite 300
Kansas City, Missouri 64106
Phone: (816) 984-8100
Email: rick@Paulllp.com
laura@Paulllp.com
- and -
Daniel E. Gustafson, Esq.
Amanda M. Williams, Esq.
GUSTAFSON GLUEK PLLC
120 South 6th Street, Suite 2600
Minneapolis, MN 55402
Phone: (612) 333-8844
Email: dgustafson@gustafsongluek.com
awilliams@gustafsongluek.com
- and -
Douglas A. Millen, Esq.
Brian Hogan, Esq.
FREED KANNER LONDON & MILLEN LLC
2201 Waukegan Road, Suite 130
Bannockburn, IL 60015
Phone: (224) 632-4500
Email: dmillen@fklmlaw.com
bhogan@fklmlaw.com
- and -
Bradley King, Esq.
Henry Kelston, Esq.
AHDOOT & WOLFSON, PC
1016 Palm Ave
West Hollywood, CA 90069
Phone: (310) 474-9111
Email: bking@ahdootwolfson.com
hkelston@ahdootwolfson.com
CONSTRUCTIVE EATING: Calcano Files ADA Suit in S.D. New York
------------------------------------------------------------
A class action lawsuit has been filed against Constructive Eating,
Inc. The case is styled as Evelina Calcano, on behalf of herself
and all other persons similarly situated v. Constructive Eating,
Inc., Case No. 1:21-cv-07403 (S.D.N.Y., Sept. 2, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Constructive Eating -- https://constructiveeating.com/ -- creates
plates, utensils, and placemats designed to engage children during
mealtime.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
GOTTLIEB & ASSOCIATES
150 E. 18 St., Suite PHR
New York, NY 10003
Phone: (212) 228-9795
Email: michael@gottlieb.legal
COPPOLA'S TUSCAN: Fails to Pay Delivery Workers' Wages, Reyes Says
------------------------------------------------------------------
ARMANDO PASCUAL REYES, individually and on behalf of others
similarly situated v. COPPOLA'S TUSCAN GRILL, LLC (d/b/a COPPOLA'S
WEST), SALVADOR COPPOLA, LUIS MENDIEPA AND MARIANO OUAPA, Case No.
1:21-cv-07040 (S.D.N.Y., Aug. 20, 2021) seeks to recover for unpaid
minimum and overtime wages pursuant to the Fair Labor Standards Act
of 1938 and the New York Labor Law.
According to the complaint, the Plaintiff was ostensibly working as
a delivery worker, he was required to spend several hours each day
performing non-tipped duties unrelated to deliveries, including but
not limited to sweeping and mopping the entire place, cleaning
bathrooms, the basement and the outside area of the restaurant and
all other porter duties, stocking deliveries that would arrive to
the restaurant, packing deliveries for pick-ups and for external
delivery companies such as Doordash and Uber and refilling
containers with plates and utensils ("the non-delivery, non-tip
duties").
The Plaintiff contends that he worked for the Defendants in excess
of 40 hours per week, without appropriate minimum wage and spread
of hours compensation for the hours that he worked. Rather, the
Defendants failed to pay him appropriately for any hours worked, at
the straight rate of pay or for any additional overtime premium.
Further, Defendants failed to pay him the required "spread of
hours" pay for any day in which he had to work over 10 hours a day.
In addition, Defendants repeatedly failed to pay Plaintiff Valentin
wages on a timely basis, added the suit.
Mr. Reyes was employed as a porter, and delivery worker at the
restaurant located at 206 W. 79th St., New York, NY 10024
Coppola's West is an Italian Restaurant owned by Salvador Coppola
located at 206 W. 79th St., New York. The Defendants Salvador
Coppola Luis Mendiepa and Mariano Ouapa serve or served as owners,
managers, principals, or agents of Defendant Corporation and
through this corporate entity operate or operated the restaurant as
a joint or unified enterprise.[BN]
The Plaintiff is represented by:
Michael Faillace, Esq.
MICHAEL FAILLACE & ASSOCIATES, P.C.
60 East 42nd Street, Suite 4510
New York, NY 10165
Telephone: (212) 317-1200
Facsimile: (212) 317-1620
COURIER VAULT: Fields Suit Seeks Unpaid Wages for Delivery Drivers
------------------------------------------------------------------
MICHAEL FIELDS, individually and on behalf of all others similarly
situated, Plaintiff v. COURIER VAULT SERVICES; FERNANDO ADAM REY;
and DOES 1 to 25, inclusive, Defendants, Case No. 21STCV32191 (Cal.
Super., Los Angeles Cty., August 31, 2021) is a class action
against the Defendants for violations of the California Labor Code
and the California Business and Professions Code including failure
to compensate for all hours worked, failure to pay overtime,
failure to provide accurate itemized wage statements, failure to
maintain accurate records, failure to give rest breaks, failure to
give meal breaks, failure to reimburse business expenses, and
failure to provide sick pay.
The Plaintiff worked for the Defendants as a third-party delivery
driver for Amazon on or around mid-2020 until his employment ended
on or around early January 2021.
Courier Vault Services is a delivery services provider doing
business in California. [BN]
The Plaintiff is represented by:
Harout Messrelian, Esq.
MESSRELIAN LAW INC.
500 N. Central Ave., Suite 840
Glendale, CA 91203
Telephone: (818) 484-6531
Facsimile: (818) 956-1983
E-mail: hm@messrelianlaw.com
EDGEWELL PERSONAL: Condreay Files Suit in C.D. California
---------------------------------------------------------
A class action lawsuit has been filed against Edgewell Personal
Care Brands, LLC. The case is styled as Mary Condreay, individually
and on behalf of all others similarly situated v. Edgewell Personal
Care Brands, LLC, Case No. 2:21-cv-07100-DSF-MAA (C.D. Cal., Sept.
2, 2021).
The nature of suit is stated as Other Fraud.
Edgewell Personal Care Brands LLC -- https://edgewell.com/ --
manufactures and distributes batteries and lighting products.[BN]
The Plaintiff is represented by:
Benjamin Heikali, Esq.
Joshua Nassir, Esq.
Ruhandy Glezakos, Esq.
FARUQI AND FARUQI LLP
10866 Wilshire Boulevard, Suite 1470
Los Angeles, CA 90024
Phone: (424) 256-2884
Fax: (424) 256-2885
Email: bheikali@faruqilaw.com
jnassir@faruqilaw.com
rglezakos@faruqilaw.com
EL RANCHO: Lemus Labor Suit Seeks Restaurant Staff's Unpaid Wages
-----------------------------------------------------------------
ROXANA LEMUS, MICHELLE VARELA, MARGARITA SANCHEZ, DAISY SANCHEZ and
HEIDI CASTRO GIRON, on behalf of themselves and all others
similarly situated, Plaintiffs v. EL RANCHO CATRACHO REST. INC.
d/b/a EL RANCHO CATRACHO RESTAURANT, ABC CORP. 1-3 d/b/a EL RANCHO
CATRACHO RESTAURANT, NACIS SANTOS, FRANCISCO SANTOS, and LIDIA
ESPINAL, Defendants, Case No. 2:21-cv-04889 (E.D.N.Y., August 30,
2021) is a class action against the Defendants for violations of
the Fair Labor Standards Act and the New York Labor Law including
unpaid minimum wages, unpaid spread of hours compensation,
unlawfully retained tips and gratuities, failure to issue timely
payment of wages, failure to furnish accurate wage statements for
each pay period, and failure to provide a wage notice.
The Plaintiffs were employed as restaurant workers at the
Defendants' El Rancho Catracho Restaurant at any time between 2005
and 2020.
El Rancho Catracho Rest. Inc. is a restaurant owner and operator
under the name El Rancho Catracho Restaurant, located at 131
Jackson Street, Hempstead, New York. [BN]
The Plaintiffs are represented by:
David D. Barnhorn, Esq.
Peter A. Romero, Esq.
LAW OFFICE OF PETER A. ROMERO PLLC
490 Wheeler Road, Suite 250
Hauppauge, NY 11788
Telephone: (631) 257-5588
FARMERS GROUP: Kingray Suit Transferred to S.D. New York
--------------------------------------------------------
The case styled as Kingray Inc. doing business as: La Quinta Beer
Hunter; Nora's Style Salon Inc.; Individually and on Behalf of All
Others Similarly Situated v. Farmers Group Inc., Farmers Insurance
Company, Inc., Truck Insurance Exchange, Case No. 5:20-cv-00963,
was transferred from the U.S. District Court for the Central
District of California, to the U.S. District Court for the Southern
District of New York on Sept. 2, 2021.
The District Court Clerk assigned Case No. 1:21-cv-07376-LGS to the
proceeding.
The nature of suit is stated as Insurance for Breach of Contract.
Farmers Insurance Group -- http://www.farmers.com/-- is an
American insurer group of automobiles, homes and small businesses
and also provides other insurance and financial services
products.[BN]
The Plaintiffs are represented by:
Robert G Loewy, Esq.
LAW OFFICES OF ROBERT LOEWY PC
20 Enterprise Suite 310
Aliso Viejo, CA 92656
Phone: (949) 468-7150
Fax: (949) 242-5105
Email: rloewy@rloewy.com
- and -
Adam M. Moskowitz, Esq.
Adam A. Schwartzbaum, Esq.
THE MOSKOWITZ LAW FIRM PLLC
2 Alhambra Plaza Suite 601
Coral Gables, FL 33134
Phone: (305) 740-1423
Fax: (786) 298-5737
Email: adam@moskowitz-law.com
adams@moskowitz-law.com
- and -
Christopher A Seeger, Esq.
SEEGER WEISS LLP
55 Challenger Road 6th Floor
Ridgefield Park, NJ 07660
Phone: (973) 639-9100
Fax: (973) 679-8656
Email: cseeger@seegerweiss.com
- and -
Lindsey Handley Taylor, Esq.
CARELLA, BYRNE, CECHI, OLSTEIN, BRODY & AGNELLO, P.C.
5 Becker Farm Road
Roseland, NJ 07068
Phone: (973) 994-1700
Email: ltaylor@carellabyrne.com
- and -
Paul J Geller, Esq.
Stuart A. Davidson, Esq.
ROBBINS GELLER RUDMAN AND DOWD LLP
120 East Palmetto Park Road Suite 500
Boca Raton, FL 33432
Phone: (561) 750-3000
Fax: (561) 750-3364
Email: pgeller@rgrdlaw.com
sdavidson@rgrdlaw.com
- and -
Robert S. Schachter, Esq.
ZWERLING, SCHACHTER & ZWERLING (Madison Avenue)
41 Madison Avenue
New York, NY 10010
Phone: (212) 223-3900
Fax: (212) 371-5969
Email: rschachter@zsz.com
- and -
Stephen A Weiss, Esq.
SEEGER WEISS LLP
77 Water Street-8th Floor
New York, NY 10005
Phone: (212) 584-0700
Fax: (212) 584-0799
Email: sweiss@seegerweiss.com
- and -
William F. Merlin, Jr., Esq.
MERLIN LAW GROUP
2049 Century Park East, Suite 650
Los Angeles, CA 90067
Phone: (818) 945-9800
Fax: (818) 945-9801
Email: cmerlin@merlinlawgroup.com
The Defendants are represented by:
Jordan D. Teti, Esq.
Michael M Maddigan, Esq.
Vassi Iliadis, Esq.
Alicia Matarese, Esq.
HOGAN LOVELLS US LLP
1999 Avenue of the Stars Suite 1400
Los Angeles, CA 90067
Phone: (310) 785-4756
Fax: (310) 785-4601
Email: jordan.teti@hoganlovells.com
michael.maddigan@hoganlovells.com
alicia.matarese@hoganlovells.com
- and -
Vanessa O Wells, Esq.
HOGAN LOVELLS LLP
4085 Campbell Avenue
Menlo Park, CA 94025
Phone: (650) 463-4022
Fax: (650) 463-4199
Email: vanessa.wells@hoganlovells.com
FRAAI MANAGEMENT: Faces Zelaya Wage-and-Hour Suit in California
---------------------------------------------------------------
EDUARDO ZELAYA, individually and on behalf of all others similarly
situated, Plaintiff v. FRAAI MANAGEMENT GROUP INC., ALEX HERNANDEZ,
ALFRED VALENCIA, and DOES 1 to 25, inclusive, Defendants, Case No.
21STCV32301 (Cal. Super., Los Angeles Cty., August 31, 2021) is a
class action against the Defendants for violations of the
California Labor Code, the California Public Policy, and the
California Business and Professions Code including failure to
compensate for all hours worked, failure to pay minimum wages,
failure to pay overtime, failure to provide accurate itemized wage
statements, failure to pay wages owed every pay period, failure to
maintain accurate records, failure to give rest breaks, failure to
give meal breaks, failure to pay wages when employment ends,
failure to reimburse business expenses, retaliation, wrongful
termination, and unfair business practices.
The Plaintiff worked for the Defendants as a server at City Grill
Covina restaurant on or around May 2021 until his employment ended
on or around June 2021.
FRAAI Management Group Inc. is a company that owns and operates
City Grill Covina restaurant in California. [BN]
The Plaintiff is represented by:
Harout Messrelian, Esq.
MESSRELIAN LAW INC.
500 N. Central Ave., Suite 840
Glendale, CA 91203
Telephone: (818) 484-6531
Facsimile: (818) 956-1983
E-mail: hm@messrelianlaw.com
FRUITS-A-PLENTY INC: Suit Seeks Minimum & OT Wages Under FLSA, NYLL
-------------------------------------------------------------------
ALICJA RANDZIO, SIMON CASTRO, BERNABE PASCUAL PABLO, MARGARITA
ROSADO, GILBERTO REYES MARTINEZ, and GUSTAVO AGUIRRE CISNEROS, on
behalf of themselves and on behalf of all others similarly
situated, v. FRUITS-A-PLENTY, INC., MICHAEL LINCER, RACHEL LINCER,
NEW YORK FRUIT KING INC., SHIMON BRAUN, PINCHAS BRAUN, and "JANE
DOE", Case No. 1:21-cv-04689 (Aug. 19, 2021) seeks to recover
unpaid minimum wages, overtime wages, spread of hours pay,
liquidated damages, interest and reasonable attorneys' fees and
costs under the Fair Labor Standards Act of 1938 and the New York
Labor Law.
The Plaintiffs and others similarly situated regularly worked in
excess of 40 hours per week but Defendants allegedly failed to
compensate them at the proper minimum and overtime wage rates as
required under the FLSA and the NYLL.
The Plaintiffs are former cashiers and stock clerks and employees
covered under the FLSA and NYLL who worked at Defendants'
Supermarket for compensation.
Defendants Fruits-A-Plenty and Fruit King are current and former
owners and operators of a kosher Supermarket located at 1507 Kings
Highway in Brooklyn, offering fruit, vegetables, nuts, candies,
salads, and deli products for in-store purchase or delivery. The
Defendants Michael and Rachel are directors, officers,
shareholders, managers and/or majority owners of Defendant
Fruits-A-Plenty. Defendants Shimon, Pinchas and Jane are directors,
officers, shareholders, managers and/or majority owners of
Defendant Fruit King.[BN]
The Plaintiffs are represented by:
ROBERT WISNIEWSKI P.C.
17 State Street, Suite 820
New York, NY 10004
Telephone: (212) 267-2101
FULL SERVICE: Madriz Slams Unpaid Overtime, Missed Breaks
---------------------------------------------------------
Maria Vasquez Madriz, individually and on behalf of other members
of the public similarly situated, Plaintiff, v. Full Service
Janitorial, Inc., and Does 1 through 100, inclusive, Defendants,
Case No. 21CV386241, (Cal. Super., August 26, 2021), seeks redress
for failure to provide meal and rest breaks, failure to provide
itemized wage statements, interest thereon at the statutory rate,
actual damages, all wages due terminated employees, costs of suit,
prejudgment interest and such other and further relief pursuant to
the California Labor Code, Unfair Competition Law and applicable
Industrial Welfare Commission wage orders.
Maria Vasquez Madriz worked for Full Service Janitorial in Santa
Clara County as an hourly-paid, non-exempt employee from
approximately March 2019 to approximately December 2020. Madriz
claims to have worked over 8 hours in one workday and/or over 40
horns in one workweek without being provided all timely rest and
meal periods. She claims to be denied her 30-minute duty-free meal
period within the first five hours of work. Full Service allegedly
forced employees to forego timely, duty-free, 30-minute meal
periods by assigning them more time-sensitive work than they could
reasonably expect them to complete within the first five hours of
work. Madriz claim to have performed work while clocked-out and
Full Service failed to compensate her for this time. [BN]
Plaintiff is represented by:
Justin F. Marquez, Esq.
Benjamin H. Haber, Esq.
Ronghua Guan, Esq.
WILSHIRE LAW FIRM
3055 Wilshire Blvd., 12th Floor
Los Angeles, CA 90010
Telephone: (213) 381-9988
Facsimile: (213) 381-9989
Email: justin@wilshirelawfirm.com
benjamin@wilshirelawfirm.com
rguan@wilshirelawfirm.com
G&B GROCERS: Smith Sues Over Cashiers' Unpaid Minimum and OT Wages
------------------------------------------------------------------
MAURSHAE SMITH, on behalf of herself and all others similarly
situated, v. G & B GROCERS, a California corporation, doing
business as Grocery Outlet, and DOES 1-10, Case No. 2:21-at-00783
(E.D. Cal., Aug. 20, 2021) alleges that the Defendants failed to
pay minimum wage and failed to provide meal periods and rest breaks
pursuant to the Fair Labor Standards Act, the California Labor
Code, and the California Industrial Welfare Commission Wage Order.
The Plaintiff alleges that Defendants systematically reduced
cashiers' wages by rounding-up their start times and rounding-down
their shift end times. Subsequently, cashiers did not receive
minimum wage for hours that Defendants failed to accurately
record.
The Plaintiff also alleges Defendants implemented and maintained a
company-wide policy to pay non-exempt cashiers less than the
applicable minimum wage by failing to pay cashiers for all hours
worked. The Defendants were aware of the fact that under their
system, Plaintiff regularly worked unpaid hours and/or worked for
compensation at less than the applicable minimum wage.
The Plaintiff further alleges that Defendants also failed to
provide overtime wages earned for all hours worked by Plaintiff in
excess of eight hours per day and/or forty hours per week. Where
overtime compensation was received at all, it was for fewer than
all overtime hours worked and was paid at less than the amount
required by California law.
The Plaintiff is a former cashier for "Grocery Outlet" in Rancho
Cordova, California.[BN]
The Plaintiff is represented by:
Anthony J. Nunes, Esq.
NUNES WORKER RIGHTS LAW, APC
15260 Ventura Blvd, Suite 1200
Sherman Oaks, CA 91403
Telephone: (530) 848-1515
Facsimile: (424) 252-4301
E-mail: tony@nunesworkerrightslaw.com
GENERAC HOLDINGS: Procter Hits Share Drop from Generator Recall
---------------------------------------------------------------
Carey Don Procter, individually and on behalf of all others
similarly situated, Plaintiffs, v. Generac Holdings Inc., Aaron
Jagdfeld and York A. Ragen, Defendants, Case No. 21-cv-07009, (C.D.
Cal., August 31, 2021), seeks to recover compensable damages caused
by violations of the federal securities laws and to pursue remedies
under the Securities Exchange Act of 1934.
Generac is a global designer and manufacturer of a wide range of
energy technology solutions, which provides power generation
equipment and other power products serving the residential, light
commercial and industrial markets. Generac's shares trade on the
New York Stock Exchange under the ticker symbol "GNRC." Aaron
Jagdfeld and York A. Ragen are members of Piedmont's board of
directors.
The complaint asserts that Defendants failed to disclose that the
United States Consumer Product Safety Commission (CPSC), Health
Canada, and the Organisation for Economic Co-operation and
Development (OECD) announced the Generac portable generator recall,
revealing that Generac had received reports of seven finger
amputations and one finger crushing. On this news, Generac's stock
price fell $31.04 per share, or 7%, from its July 28, 2021 closing
price over the next three trading days to close at $400.00 per
share on August 2, 2021, damaging investors.
Carey Don Procter purchased Generac's securities at artificially
inflated prices and was damaged upon the revelation of the alleged
corrective disclosure. [BN]
Plaintiff is represented by:
Jennifer Pafiti, Esq.
POMERANTZ LLP
1100 Glendon Avenue, 15th Floor
Los Angeles, CA 90024
Telephone: (310) 405-7190
E-mail: jpafiti@pomlaw.com
GOGO TECHNOLOGIES: Leszczynski Files TCPA Suit in S.D. California
-----------------------------------------------------------------
A class action lawsuit has been filed against GoGo Technologies,
Inc. The case is styled as Kim Leszczynski, individually and on
behalf of all others similarly situated v. GoGo Technologies, Inc.,
doing business as: GoGo Grandparent, doing business as: GoGo
Gourmet, a Delaware corporation, Case No. 3:21-cv-01552-MMA-MSB
(S.D. Cal., Sept. 2, 2021).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
GoGoGrandparent -- https://gogograndparent.com/ -- lets people use
Lyft and Uber without a smartphone, with rides monitored by 24/7
operators and alerts for emergency contacts.[BN]
The Plaintiff is represented by:
Scott Adam Edelsberg
EDELSBERG LAW PA
20900 NE 30th Ave., Suite 417
Aventura, FL 33180
Phone: (305) 975-3320
Email: scott@edelsberglaw.com
GUITRON ALCAZAR: Hernandez Files Suit in Cal. Super. Ct.
--------------------------------------------------------
A class action lawsuit has been filed against Guitron Alcazar
Alcazar Inc., et al. The case is styled as Maria Elena Diaz
Hernandez, on behalf of herself, all others similarly situated, and
the general public v. Guitron Alcazar Alcazar Inc., Does 1-50, Case
No. 34-2021-00306648-CU-OE-GDS (Cal. Super. Ct., Sacramento Cty.,
Aug. 23, 2021).
The case type is stated as "Other Employment - Civil Unlimited."
Guitron Alcazar, Inc. is a licensed and bonded freight shipping and
trucking company running freight hauling business from Hesperia,
California. [BN]
The Plaintiff is represented by:
David G. Spivak, Esq.
THE SPIVAK LAW FIRM
16530 Ventura Blvd., Ste 203
Encino, CA 91436
Phone (818) 582-3086
Facsimile (818) 582-2561
Email: david@spivaklaw.com
HEALTH CARE: Faces Souza ERISA Suit Over Clinical Coverage Criteria
-------------------------------------------------------------------
JAMI SOUZA, on behalf of her son and all others similarly situated,
and MARY MILLER (a pseudonym), on behalf of her son and all others
similarly situated v. HEALTH CARE SERVICE CORPORATION, Case No.
4:21-cv-02733 (S.D. Tex., Aug. 20, 2021) arises from HCSC's
adoption and use of certain clinical coverage criteria to determine
whether residential treatment of mental health conditions and/or
substance use disorders ("behavioral health conditions") was
medically necessary and, thus, covered by the health benefit plans
HCSC administers.
Although HCSC acknowledged that the plans it administered defined
medical necessity as requiring services to be consistent with
generally accepted standards of medical practice, HCSC nevertheless
selected as its standard interpretation of those plan terms a set
of criteria that were much more restrictive than generally accepted
standards and that did not comport with the Paul Wellstone and Pete
Domenici Mental Health Parity and Addiction Equity Act of 2008
("MHPAEA"), and then used those plan-violating criteria to deny
Plaintiffs' sons' requests for coverage for their residential
behavioral health treatment. By denying coverage pursuant to
criteria that contradicted the plans' written terms and violated
MHPAEA, HCSC breached its fiduciary duties to the Plaintiffs' sons
and rendered denials that were arbitrary and capricious, in
violation of the Employee Retirement Income Security Act of 1974
("ERISA").
The Plaintiff Jami Souza brings this action on behalf of her adult
son pursuant to a duly-executed power of attorney. Ms. Souza and
her son are permanent residents of Kingwood, Texas. Mr. Souza's son
was a beneficiary of a self-funded welfare benefit plan sponsored
by Plaintiff Souza's employer, TETRA Technologies, Inc. (the "Souza
Plan"). The Souza Plan is governed by ERISA.
Ms. Miller is the court-appointed guardian for her adult son and
brings this action on her son's behalf. Ms. Miller and her son are
permanent residents of Oklahoma City, Oklahoma. Ms. Miller's son
has been, and is now, a participant in a fully-insured plan
sponsored by his employer, Air Technologies (the "Miller Plan").
The Miller Plan is governed by ERISA.
HCSC is a Mutual Legal Reserve Company that is headquartered in
Chicago, Illinois. HCSC issues and administers health insurance
plans in five states (Illinois, Montana, New Mexico, Oklahoma, and
Texas) as a licensee of the Blue Cross Blue Shield
Association.[BN]
The Plaintiffs are represented by:
D. Brian Hufford, Esq.
Jason S. Cowart, Esq.
Devon Galloway, Esq.
Caroline E. Reynolds, Esq.
ZUCKERMAN SPAEDER LLP
485 Madison Avenue, 10th Floor
New York, NY 10022
Telephone: (212) 704-9600
Facsimile: (212) 704-4256
E-mail: dbhufford@zuckerman.com
jcowart@zuckerman.com
dgalloway@zuckerman.com
creynolds@zuckerman.com
- and -
Meiram Bendat, Esq.
PSYCH-APPEAL, INC.
7 West Figueroa Street, Suite 300
PMB No. 300059
Santa Barbara, CA 93101
Telephone: (310) 598-3690, x.101
Facsimile: (888) 975-1957
E-mail: mbendat@psych-appeal.com
IMPERIA CAVIAR: Fischler Sues Over Blind's Equal Website Access
---------------------------------------------------------------
BRIAN FISCHLER, on behalf of himself and all others similarly
situated, Plaintiff v. IMPERIA CAVIAR, LLC, Defendant, Case No.
1:21-cv-04870-FB-CLP (E.D.N.Y., August 30, 2021) is a class action
against the Defendant for violations of the Americans with
Disabilities Act, the New York State Human Rights Law, and the New
York City Human Rights Law.
According to the complaint, the Defendant has failed to design,
construct, maintain, and operate its website to be fully accessible
to and independently usable by the Plaintiff and other blind or
visually-impaired persons. The Defendant's website,
www.imperiacaviar.com, allegedly contains access barriers which
hinder the Plaintiff and Class members to enjoy the benefits of its
online goods, content, and services offered to the general public
through the website. These access barriers include, but not limited
to: (a) images are not properly labeled, (b) tables are not
properly labeled with row and column headers, (c) frames do not
have a title, (d) form controls have no label and no
programmatically determined name, (e) forms have fields without
label elements or title attributes, (f) webpages have duplicate IDs
which cause problems in screen readers, (g) webpages have markup
errors, (h) radio button groups are not contained in a field set
element, (i) headings are not nested correctly and at least 20
headings are empty, and (j) several links on a page share the same
link text but go to different destinations.
The Plaintiff and Class members seek permanent injunction to cause
a change in the Defendant's corporate policies, practices, and
procedures so that the Defendant's website will become and remain
accessible to blind and visually-impaired individuals.
Imperia Caviar, LLC is an online retailer of caviar and wagyu based
in Los Angeles, California. [BN]
The Plaintiff is represented by:
Douglas B. Lipsky, Esq.
Christopher H. Lowe, Esq.
LIPSKY LOWE LLP
420 Lexington Avenue, Suite 1830
New York, NY 10017-6705
Telephone: (212) 392-4772
E-mail: doug@lipskylowe.com
chris@lipskylowe.com
INTERNATIONAL HOUSE: Wallace Seeks Unpaid Wages Under FLSA, NYLL
----------------------------------------------------------------
NIQUAN WALLACE, on his own behalf and on behalf of others similarly
situated Plaintiff, v. INTERNATIONAL HOUSE OF PANCAKES, LLC, d/b/a
iHop TRIHOP MANAGEMENT, LLC d/b/a iHop; TRIHOP 177TH STREET, LLC
d/b/a iHop; TRIHOP 14TH ST LLC d/b/a iHop TRIHOP 69TH STREET LLC
d/b/a iHop JOHN DOE LLC, d/b/a iHop BEN ASHKENAZY, EDWARD
SCANNAPIECO, and KWESI THOMAS, Case No. 1:21-cv-06993 (S.D.N.Y.,
Aug. 19, 2021) seeks to recover unpaid minimum wage and unpaid
overtime wages, uniform maintenance damages, liquidated damages,
prejudgment and post-judgement interest; attorney's fees and cost,
uniform maintenance cost, and or unpaid wages pursuant to the Fair
Labor Standards Act and the New York Labor Law.
The Defendants have willfully, maliciously, and intentionally
committed widespread violations of the FLSA and NYLL by engaging in
pattern and practice of failing to pay its employees, including
Plaintiff, minimum wage for each hour worked and overtime
compensation for all hours worked over 40 each workweek.
From March 18, 2018 to May 3, 2019, the Plaintiff Wallace employed
by Defendants to work as a waiter for Defendants at 4168 Broadway,
Manhattan, New York.
iHop Corporate is the franchisor of an international chain of iHop
restaurants, including over 30 iHop restaurants in the Greater New
York City area. Trihop and is a franchisee of iHop Corporate.[BN]
The Plaintiff is represented by:
TROY LAW, PLLC
41-25 Kissena Boulevard Suite 103
Flushing, NY 11355
Telephone: (718) 762-1324
JAMES B RESTAURANT: Cajamarca Files FLSA Suit in E.D. New York
--------------------------------------------------------------
A class action lawsuit has been filed against Bagel Mentch, Inc.,
et al. The case is styled as Luis Panza Cajamarca, individually and
on behalf of all others similarly situated v. James B Restaurant
Corp. d/b/a Zio Luigi Ristorante, Luis Bermejo as individuals, Case
No. 1:21-cv-04964 (E.D.N.Y., Sept. 2, 2021).
The lawsuit is brought over alleged violation of the Fair Labor
Standards Act.
Zio Luigi Ristorante is a down-to-earth Italian eatery offering a
range of homemade pasta dishes plus brunch & wine.[BN]
The Plaintiff is represented by:
Roman M. Avshalumov, Esq.
HELEN F. DALTON & ASSOCIATES, P.C.
80-02 Kew Gardens Road, Suite 601
Kew Gardens, NY 11415
Phone: (718) 263-9591
Email: avshalumovr@yahoo.com
KONINKELIJKE PHILIPS: James Sues Over Health Risks of CPAP Devices
------------------------------------------------------------------
GEORGE JAMES, on behalf of himself and all others similarly
situated, Plaintiff v. KONINKELIJKE PHILIPS N.V., PHILIPS NORTH
AMERICA LLC, and PHILIPS RS NORTH AMERICA LLC, Defendants, Case No.
4:21-cv-00627-RK (W.D. Mo., August 30, 2021) is a class action
against the Defendants for breach of express warranty, breach of
implied warranty of merchantability, fraudulent misrepresentation,
fraud by omission, negligent misrepresentation, unjust enrichment,
medical monitoring, and violation of the Missouri Merchandising
Practices Act.
According to the complaint, the Defendants manufactured and sold
Continuous Positive Airway Pressure (CPAP) and BiLevel Positive
Airway Pressure (BiLevel PAP) devices and mechanical ventilators
for sleep and home respiratory care, which contain polyester-based
polyurethane sound abatement foam (PE-PUR Foam). The Defendants
recalled CPAP and BiLevel PAP devices and mechanical ventilators
containing PE-PUR Foam because they determined that (a) the PE-PUR
Foam was at risk for degradation into particles that may enter the
devices' pathway and be ingested or inhaled by users, and (b) the
PE-PUR Foam may off-gas certain chemicals during operation health
risks associated to the devices. As a result of the health risks
associated with continued use of these devices and the recall, the
Plaintiff's CPAP devices are now worthless. The Plaintiff will be
forced to replace the device at considerable cost when a
replacement is available, says the suit.
Koninklijke Philips N.V. is a health technology company with its
principal executive offices at Philips Center, Amstelplein 2, 1096
BC Amsterdam, The Netherlands.
Philips North America LLC is a health technology company with its
principal place of business located at 222 Jacobs Street, Floor 3,
Cambridge, Massachusetts.
Philips RS North America LLC is a company that manufactures and
markets medical devices with its principal place of business
located at 6501 Living Place, Pittsburgh, Pennsylvania. [BN]
The Plaintiff is represented by:
Michael J. Fleming, Esq.
KAPKE & WILLERTH, LLC
3304 NE Ralph Powell Road
Lee's Summit, MO 64064
Telephone: (816) 461-3800
Facsimile: (816) 254-8014
E-mail: mike@kapkewillerth.com
- and –
Patrick W. Pendley, Esq.
Andrea L. Barient, Esq.
PENDLEY, BAUDIN & COFFIN, L.L.P.
24110 Eden Street
Post Office Drawer 71
Plaquemine, LA 70765-0071
Telephone: (225) 687-6396
Facsimile: (225) 687-6398
E-mail: pwpendley@pbclawfirm.com
abarient@pbclawfirm.com
- and –
John M. Deakle, Esq.
Russell L. Johnson, Esq.
Rome V. Johnson, Esq.
DEAKLE-JOHNSON LAW FIRM, P.L.L.C.
802 N. Main Street
Post Office Box 2072
Hattiesburg, MS 39403
Telephone: (601) 544-0631
Facsimile: (601) 544-0699
E-mail: jmd@deaklelawfirm.com
rljohnson@djlawms.com
rvjohnson@djlawms.com
LA-Z-BOY INC: Mason Sues Over Non-Blind Friendly Website
--------------------------------------------------------
Portia Mason, individually and on behalf of all others similarly
situated, Plaintiff, v. La-Z-Boy Incorporated and Does 1 to 10,
inclusive, Defendants, Case No. 21-cv-06880 (C.D. Cal., August 26,
2021), seeks preliminary and permanent injunction, compensatory,
statutory and punitive damages and fines, prejudgment and
post-judgment interest, costs and expenses of this action together
with reasonable attorneys' and expert fees and such other and
further relief under the Americans with Disabilities Act and
California's Unruh Civil Rights Act.
LA-Z-Boy Incorporated operates the website
https://www.la-z-boy.com/ that sells various recliners. Mason is
legally blind and claims that said website cannot be accessed by
the visually-impaired. [BN]
Plaintiff is represented by:
Thiago Coelho, Esq.
Jasmine Behroozan, Esq.
Binyamin I. Manoucheri, Esq.
WILSHIRE LAW FIRM
3055 Wilshire Blvd., 12th Floor
Los Angeles, CA 90010
Tel: (213) 381-9988
Fax: (213) 381-9989
Email binyamin@wilshirelawfirm.com
thiago@wilshirelawfirm.com
jasmine@wilshirelawfirm.com
LEMONADE INC: Pruden Sues Over Illegal Biometric Data Collection
----------------------------------------------------------------
MARK PRUDEN, Individually and on Behalf of All Others Similarly
Situated v. LEMONADE, INC., LEMONADE INSURANCE COMPANY, LEMONADE
INSURANCE AGENCY, LLC, LEMONADE LTD. and LEMONADE LIFE INSURANCE
AGENCY, LLC, Case No. 1:21-cv-07070-JGK (S.D.N.Y., Aug. 20, 2021)
arises from Lemonade's unlawful collection, storage, analysis, and
use of Plaintiff's and Class members' biometric data without their
authorization or knowledge, and despite Lemonade's express
representations to the contrary, from approximately June 2015 to
the present in violation of statutory and common law of the State
of New York, including New York's Uniform Deceptive Trade Practices
Act, breach of express and implied contract, unjust enrichment, and
declaratory judgment.
Lemonade's business model utilizes online chatbots for most of
insurance --related tasks -- including price quoting, insurance
sale, and claims settlement -- thereby replacing the need for
traditional human insurance brokers and actuaries. According to
Lemonade, digitalizing insurance underwriting leads to superior
assessment and quantification of risk, which in turn leads to
improved claims loss ratio.
The Plaintiff alleges that millions of insurance policies were sold
to U.S. consumers during the Class Period. In only 4.3 years,
Lemonade surpassed one million customers in 2020, representing an
unprecedented growth in the insurance industry. The Plaintiff and
Class members would not have purchased Lemonade's insurance, and/or
would have paid less for their Lemonade's insurance products and
services, if they had known Lemonade surreptitiously collects,
stores, analyzes, and uses their biometric data without their
knowledge or authorization, says the suit.
Lemonade is an insurance company that offers renters, homeowners,
pet, life insurance, and other related insurance policies and claim
settlements. Lemonade distinguishes itself from other insurance
carriers by conducting its operations digitally, leveraging
artificial intelligence ("AI") based technology.[BN]
The Plaintiff is represented by:
Christian Levis, Esq.
Andrea Farah, Esq.
Amanda Fiorilla, Esq.
LOWEY DANNENBERG, P.C.
44 South Broadway, Suite 1100
White Plains, NY 10601
Telephone: (914) 997-0500
Facsimile: (914) 997-0035
E-mail: clevis@lowey.com
afarah@lowey.com
afiorilla@lowey.com
LOANDEPOT.COM: Hoard Sues Over Unsolicited Prerecorded Messages
---------------------------------------------------------------
KRISTINA HOARD, individually and on behalf of all others similarly
situated, Plaintiff v. LOANDEPOT.COM, LLC, a Delaware company,
Defendant, Case No. 2:21-cv-01483-JJT (D. Ariz., August 27, 2021)
is a class action complaint brought against the Defendant for its
alleged violations of the Telephone Consumer Protection Act.
According to the complaint, the Defendant has been using
telemarketing and cold calling to solicit their products and
services to potential customers across Arizona, including calls to
consumers whose numbers are listed on the National Do Not Call
(DNC) Registry. The Plaintiff registered her cell phone number on
the DNC on March 27, 2019. The Plaintiff claims that she received a
prerecorded message on her cell phone number ending in 7866 on
August 3, 2021 in which it identified the Defendant as the caller
and services being offered. The Plaintiff also asserts that she did
not provide her consent to the Defendant to place pre-recorded or
any other type of calls to her cell phone number.
As a result of the Defendant's alleged unsolicited prerecorded
messages, the Plaintiff and other similarly situated individuals
were harmed in the form of annoyance, nuisance, and invasion of
privacy. Thus, the Plaintiff seeks redress for the injuries
suffered for himself and other similarly situated individuals.
LoanDepot.om, LLC offers home loans to consumers nationwide. [BN]
The Plaintiff is represented by:
Nathan Brown, Esq.
BROWN PATENT LAW
15100 N 78th Way Suite 203
Scottsdale, AZ 85260
Tel: (602) 529-3474
E-mail: Nathan.Brown@BrownPatentLaw.com
- and –
Anthony I. Paronich, Esq.
PARONICH LAW, P.C.
350 Lincoln St., Suite 2400
Hingham, MA 02043
Tel: (508) 221-1510
E-mail: anthony@paronichlaw.com
MARQUEZ BROTHERS: Underpays Delivery Drivers, Mojica Suit Claims
----------------------------------------------------------------
WILFREDO MOJICA, individually and on behalf of all others similarly
situated, Plaintiff v. MARQUEZ BROTHERS ENTERPRISES, INC.; and DOES
1 to 25, inclusive, Defendants, Case No. 21STCV32242 (Cal. Super.,
Los Angeles Cty., August 31, 2021) is a class action against the
Defendants for violations of the California Labor Code, the
California Public Policy, and the California Business and
Professions Code including failure to compensate for all hours
worked, failure to pay minimum wages, failure to pay overtime,
failure to provide accurate itemized wage statements, failure to
pay wages owed every pay period, failure to maintain accurate
records, failure to give rest breaks, failure to give meal breaks,
failure to pay wages when employment ends, failure to reimburse
business expenses, retaliation, wrongful termination, and unfair
business practices.
The Plaintiff worked for the Defendants as a delivery driver in or
around December 2015 until his employment ended on or around April
6, 2021.
Marquez Brothers Enterprises, Inc. is a company that produces and
distributes food products, headquartered in California. [BN]
The Plaintiff is represented by:
Harout Messrelian, Esq.
MESSRELIAN LAW INC.
500 N. Central Ave., Suite 840
Glendale, CA 91203
Telephone: (818) 484-6531
Facsimile: (818) 956-1983
E-mail: hm@messrelianlaw.com
MLJ PAINTING: Parra Suit Claims Unpaid Overtime for Painters
------------------------------------------------------------
ERICK GUALITO PARRA, on behalf of himself and all others similarly
situated, Plaintiff v. MLJ PAINTING CORP. and JOSEPH PICATAGGI,
Defendants, Case No. 1:21-cv-04887 (E.D.N.Y., August 30, 2021) is a
class action against the Defendants for breach of contract, unjust
enrichment, failure to provide annual wage notices, failure to
provide wage statements, and unpaid overtime in violation of the
New York Labor Law, the New York Wage Theft Prevention Act, and the
Fair Labor Standards Act.
The Plaintiff was employed by the Defendants as a painter in the
greater New York City area from 2011 to July 9, 2021, with an
eight-month break from 2016-2017.
MLJ Painting Corp. is a construction firm based in New York, New
York. [BN]
The Plaintiff is represented by:
Jacob Aronauer, Esq.
THE LAW OFFICES OF JACOB ARONAUER
225 Broadway, 3rd Floor
New York, NY 10007
Telephone: (212) 323-6980
MOST RELIABLE: Valverde Seeks Minimum & OT Wages Under FLSA, NYLL
-----------------------------------------------------------------
JOSE VALVERDE, individually and on behalf of all others similarly
situated v. MOST RELIABLE CORPORATION, and EDWIN E. SUMBA, as
individuals, Case No. 1:21-cv-04666-PKC-RML (E.D.N.Y., Aug. 19,
2021) seeks to recover damages for the Defendants' egregious
violations of the State and Federal wage and hour laws arising out
of Plaintiff's employment at Most Reliable.
Accordingly, the Plaintiff worked approximately 52.5 or more hours
per week during his employment by the Defendants which did not pay
him 1.5 for hours worked over 40, a blatant violation of the
overtime provisions contained in the FLSA and NYLL, as defendants
did not compensate him at all for 10 weeks of employment.
As a result of the alleged violations of the Fair Labor Standards
Act and the New York Labor Laws, the Plaintiff seeks compensatory
damages, and liquidated damages in an amount exceeding $100,000.00.
The Plaintiff also seeks interest, attorneys' fees, costs, and all
other legal, and equitable remedies that this Court deems
appropriate.[BN]
The Plaintiff is represented by:
Roman Avshalumov, Esq.
HELEN F. DALTON & ASSOCIATES, P.C.
80-02 Kew Gardens Road, Suite 601
Kew Gardens, NY 11415
Telephone (718) 263-9591
MSG ENTERTAINMENT: Plaintiff's Verification Filed in Murray Suit
----------------------------------------------------------------
In the putative class action lawsuit styled as CLINT MURRAY, on
behalf of himself and all others similarly situated v. JAMES L.
DOLAN, CHARLES F. DOLAN, AIDAN J. DOLAN, KRISTIN A. DOLAN, PAUL J.
DOLAN, THOMAS C. DOLAN, WILLIAM J. BELL, JOSEPH M. COHEN, JOSEPH J.
LHOTA, HANK J. RATNER, BRIAN G. SWEENEY, JOHN L. SYKES, JOEL M.
LITVIN, KATHLEEN M. DOLAN, HELEN A. DOLAN, MATTHEW J. DOLAN, MARY
S. DOLAN, CORBY DOLAN LEINAUER, DEBORAH A. DOLANSWEENEY, MARIANNE
DOLAN WEBER, THE DOLAN FAMILY GROUP, ANDREA GREENBERG, BRET
RICHTER, MSG ENTERTAINMENT, Case No. 2021-0748, Plaintiff Clint
Murray filed with the Court of Chancery of the State of Delaware
his verification of this class action complaint on August 31,
2021.
MSG Entertainment is an entertainment company based in New York,
New York. [BN]
The Plaintiff is represented by:
Brian D. Long, Esq.
LONG LAW LLC
3828 Kennett Pike, Ste. 208
Wilmington, DE 19807
Telephone: (302) 729-9100
E-mail: BDLong@longlawde.com
NESTLE WATERS: Wakefern Filed a Motion to Quash in Patane Suit
--------------------------------------------------------------
In the putative class action lawsuit styled as MARK J. PATANE,
JULIE HARDING, HEATHER HARRIGAN, STEPHEN S. SHAPIRO, CATHERINE
PORTER, ERICA RUSSELL, TINA MORETTI, BRIDGET KOPET, JENNIFER S.
COLE, BENJAMIN A. FLETCHER, and DIANE BOGDAN, on behalf of
themselves and all others similarly situated v. NESTLE WATERS NORTH
AMERICA, INC., Case No. 1:21-mc-00344-UNA, non-party Wakefern Food
Corp. filed with the U.S. District Court for the District of
Delaware a motion to quash a non-party subpoena on August 31,
2021.
Nestle Waters North America, Inc. is an American beverage company
based in Stamford, Connecticut.
Wakefern Food Corp. is a supermarket company based in Keasbey, New
Jersey. [BN]
The Non-party is represented by:
Robert J. Cahall, Esq.
MCCORMICK & PRIORE, P.C.
200 Continental Drive, Suite 401
Newark, DE 19713
Telephone: (302) 266-2094
E-mail: rcahall@mccormickpriore.com
- and –
Anthony Argiropoulos, Esq.
Maximilian Cadmus, Esq.
EPSTEIN BECKER & GREEN, P.C.
150 College Road West, Suite 301
Princeton, NJ 08540
Telephone: (609) 455-1540
E-mail: aargiropoulos@ebglaw.com
mcadmus@ebglaw.com
NORGREN INC: Edwards BIPA Class Suit Removed to N.D. Illinois
-------------------------------------------------------------
The case styled GINO EDWARDS, individually and on behalf of all
others similarly situated v. NORGREN, INC. d/b/a IMI PRECISION
ENGINEERING, Case No. 2021-L-224, was removed from the Circuit
Court of Winnebago County, Illinois, to the U.S. District Court for
the Northern District of Illinois on August 30, 2021.
The Clerk of Court for the Northern District of Illinois assigned
Case No. 3:21-cv-50338 to the proceeding.
The case arises from the Defendant's alleged violations of the
Illinois Biometric Information Privacy Act by failing to: (1)
publicly provide and follow a retention schedule or guideline for
permanently destroying its employees' biometric identifiers and
biometric information; and (2) inform the Plaintiff and Class
members in writing that their biometrics were being collected and
stored and of the specific purpose and length of term for which
their biometrics were being collected, stored, and used.
Norgren, Inc., doing business as IMI Precision Engineering, is a
manufacturer of motion and fluid control technologies,
headquartered in Birmingham, United Kingdom. [BN]
The Defendant is represented by:
Amy Y. Cho, Esq.
Yara K. Rashad, Esq.
SHOOK, HARDY & BACON L.L.P.
111 South Wacker Drive, Suite 4700
Chicago, IL 60606
Telephone: (312) 704-7700
Facsimile: (312) 558-1195
E-mail: acho@shb.com
yrashad@shb.com
PENDLETON WOOLEN: Washburn Seeks OT Pay Under FLSA, Labor Code
--------------------------------------------------------------
JULIE WASHBURN, individually, and on behalf of all others similarly
situated v. PENDLETON WOOLEN MILLS, INC., and DOES 1 through 50,
inclusive, Case No. 4:21-cv-06472 (N.D. Cal., Aug. 20, 2021)
alleges that the Defendants failed to pay overtime pay and failed
to provide and/or authorize meal and rest periods under the Fair
Labor Standards Act and the California Labor Code.
The Plaintiff and the Collective are or were employed by the
Defendant Pendleton Woolen as Store Managers and/or other similar
positions.
As Store Managers, the Plaintiff and the Collective are and were
non-exempt employees under federal wage and hour laws, and they
should have been classified as such and should have received
overtime pay consistent with the requirements of these laws, says
the suit.
Pendleton Woolen Mills is an American textile manufacturing company
based in Portland, Oregon, United States. It is known for its
blankets and woolen clothing.[BN]
The Plaintiff is represented by:
Bryan Schwartz, Esq.
Samuel Lorraine Goldsmith, Esq.
BRYAN SCHWARTZ LAW
180 Grand Avenue, Suite 1380
Oakland, CA 94612
Telephone: (510) 444-9300
Facsimile: (510) 444-9301
E-mail: bryan@bryanschwartzlaw.com
samuel@bryanschwartzlaw.com
PLATINUM CLEANING: Fails to Properly Pay Workers, Harris Alleges
----------------------------------------------------------------
KATHERINE HARRIS, on behalf of herself and all others similarly
situated, Plaintiff v. PLATINUM CLEANING OF INDIANAPOLIS, LLC; and
DOES 1 to 100, inclusive, Defendants, Case No. 21STCV32089 (Cal.
Super., Los Angeles Cty., August 30, 2021) is a class action
against the Defendants for violations of the California Labor Code
and the California Business and Professions Code including failure
to pay wages for all hours worked at the employees' minimum wage
rate, failure to pay wages for all overtime hours worked at the
employees' overtime rate, failure to provide all legally required
and/or legally compliant meal periods and/or pay meal period
premiums, failure to provide all legally required and/or legally
compliant rest periods and/or pay rest period premiums, failure to
issue payment of wages due in a legally permissible manner, failure
to timely pay earned wages during employment, failure to provide
complete and accurate wage statements, failure to timely pay all
unpaid wages following separation of employment.
Ms. Harris worked for the Defendants as a non-exempt employee in
Woodland Hills and Lynwood, California from approximately April 2,
2021 until her termination on or about May 11, 2021.
Platinum Cleaning of Indianapolis, LLC is a provider of janitorial
services based in Indiana. [BN]
The Plaintiff is represented by:
Joseph Lavi, Esq.
Vincent C. Granberry, Esq.
Kevin Joseph Farnan, Esq.
LAVI & EBRAHIMIAN, LLP
8889 W. Olympic Blvd., Suite 200
Beverly Hills, CA 90211
Telephone: (310) 432-0000
Facsimile: (310) 432-0001
E-mail: jlavi@lelawfirm.com
vgranberry@lelawfirm.com
kfarnan@lelawfirm.com
whteam@lelawfirm.com
PRIME TIME: Fails to Properly Pay Minimum & OT Wages, Klein Claims
------------------------------------------------------------------
ROBERT KLEIN, individually and on behalf of all others similarly
situated, Plaintiff v. PRIME TIME HEALTHCARE, LLC; and DOES 1
through 20, inclusive, Defendants, Case No.
37-2021-00036882-CU-OE-CTL (Cal. Sup. Ct., August 27, 2021) brings
this complaint against the Defendants seeking for relief and
judgment pursuant to the California Labor Code Private Attorneys
General Act of 2004.
The Plaintiff, who was employed by the Defendants as one of its
healthcare professionals, alleges that the Defendants violated the
California Labor Code by engaging in unlawful practices and pattern
to increase their profits.
The Plaintiff asserts these claims:
-- The Defendants forced him and other aggrieved employees to
submit to unpaid drug tests;
-- The Defendants paid them less than minimum wage for on-call
time spent the Defendants' control;
-- The Defendants failed to properly pay their overtime
compensation by failing to include various incentive pay in their
regular rate of pay when calculating overtime;
-- The Defendants failed to provide them with
legally-compliant, off-duty, timely, non-interrupted meal periods
and rest breaks;
-- The Defendants failed to reimburse them for all business
expenses, including cellular telephone costs;
-- The Defendants failed to provide them with paid sick leave;
and
-- The Defendants failed to timely pay final wages to them.
Prime Time Healthcare, LLC is a staffing agency that provides
health care professionals to healthcare providers in various
locations in the U.S. and California. [BN]
The Plaintiff is represented by:
Samuel A. Wong, Esq.
Kashif Haque, Esq.
Jessica L. Campbell, Esq.
AEGIS LAW FIRM, PC
9811 Irvine Center Drive, Suite 100
Irvine, CA 92618
Tel: (949) 379-6250
Fax: (949) 379-6251
E-mail: Jcampbell@aegislawfirm.com
- and –
Jonathan M. Lebe, Esq.
LEBE LAW, APLC
777 S. Alameda St., Second Floor
Los Angeles, CA 90021
Tel: (213) 444-1973
E-mail: Jon@lebelaw.com
REXNORD CORPORATION: Bushansky Balks at Merger Deal With Regal
--------------------------------------------------------------
STEPHEN BUSHANSKY v. REXNORD CORPORATION, TODD A. ADAMS, THEODORE
D. CRANDALL, ROSEMARY M. SCHOOLER, ROBIN A. WALKER-LEE, MARK S.
BARTLETT, JACQUES DONAVON BUTLER, DAVID C. LONGREN, GEORGE C.
MOORE, THOMAS D. CHRISTOPOUL, JOHN S. STROUP, and PEGGY N. TROY,
Case No. 2:21-cv-06721 (C.D. Cal., Aug. 19, 2021) is brought on
behalf of the Plaintiff and all others similarly situated alleging
that violations of the Securities Exchange Act of 1934 and U.S.
Securities and Exchange Commission.
The suit seeks to enjoin the vote on a proposed transaction,
pursuant to which Rexnord's Process & Motion Control ("PMC")
segment will be acquired by Regal Beloit Corporation ("Regal")
through Rexnord's subsidiary Land Newco, Inc. ("Land"), and Regal's
subsidiary Phoenix 2021, Inc. ("Merger Sub") (the "Proposed").
On February 16, 2021, Rexnord and Regal issued a joint press
release announcing that they had entered into an Agreement and Plan
of Merger dated February 15, 2021 to sell Rexnord's PMC segment to
Regal.
On July 21, 2021, Rexnord filed a Schedule 14A Definitive Proxy
Statement (the "Proxy Statement") with the SEC. The Proxy
Statement, which recommends that Rexnord stockholders vote in favor
of the Proposed Transaction, allegedly omits or misrepresents
material information concerningthe background of the Proposed
Transaction.
The Defendants authorized the issuance of the false and misleading
Proxy Statement in violation of Sections 14(a) and 20(a) of the
Exchange Act.
In short, unless remedied, Rexnord's public stockholders will be
irreparably harmed because the Proxy Statement's material
misrepresentations and omissions prevent them from making a
sufficiently informed voting decision on the Proposed Transaction,
says the suit.
The Plaintiff is, and has been at all times, a continuous
stockholder of Rexnord.
Regal is a global leader in the engineering and manufacturing of
electric motors and controls, power generation, and power
transmission products, serving customers throughout the world.
Regal is comprised of four operating segments: Commercial Systems,
Industrial Systems, Climate Solutions and Power Transmission
Solutions. Regal is headquartered in Beloit, Wisconsin and has
manufacturing, sales, and service facilities worldwide. The
Individual Defendants are officers and directors. Land is a
wholly-owned indirect subsidiary of Rexnord.[BN]
The Plaintiff is represented by:
Joel E. Elkins, Esq.
WEISSLAW LLP
9100 Wilshire Blvd. No. 725 E.
Beverly Hills, CA 90210
Telephone: (310) 208-2800
Facsimile: (310) 209-2348
E-mail: jelkins@weisslawllp.com
RHG MANPOWER: Villalobos Seeks Minimum & OT Wages Under FLSA, NYLL
------------------------------------------------------------------
JOSE VILLABOBOS AND OSCAR MAYA, individually and on behalf of all
others similarly situated v. RHG MANPOWER, INC., MENACHEM DAVID
RAZON, as and individual, Case No. 1:21-cv-04670 (E.D.N.Y., Aug.
19, 2021) seeks to recover damages for the Defendants' egregious
violations of the State and Federal wage and hour laws arising out
of Plaintiff's employment at Most Reliable.
Accordingly, the PlaintiffS worked 60 or more hours per week during
their employment by the Defendants which did not pay them 1.5 for
hours worked over 40, a blatant violation of the overtime
provisions contained in the FLSA and NYLL, as defendants did not
compensate him at all for 10 weeks of employment.
As a result of the alleged violations of the Fair Labor Standards
Act and the New York Labor Laws, the Plaintiff seeks compensatory
damages, and liquidated damages in an amount exceeding $100,000.00.
The Plaintiff also seeks interest, attorneys' fees, costs, and all
other legal, and equitable remedies that this Court deems
appropriate.[BN]
The Plaintiff is represented by:
Roman Avshalumov, Esq.
HELEN F. DALTON & ASSOCIATES, P.C.
80-02 Kew Gardens Road, Suite 601
Kew Gardens, NY 11415
Telephone (718) 263-9591
RICHMOND CONSTRUCTION: Lagos Sues Over Unpaid Overtime for Laborers
-------------------------------------------------------------------
ELISEO LAGOS, FRANCISCO PEREZ, FAVIAN ALVARADO ESCAMILLA, ANTONIO
VALLE CASTRO, and LUCIO SOLIS FUENTES, on behalf of herself and all
others similarly situated, Plaintiffs v. ABC CORPORATION D/B/A
RICHMOND CONSTRUCTION, INC., name of the corporation being
fictitious and unknown to Plaintiffs, RICHIE DHILLON, KERRY
RICHMOND, and RAWINDER DHILLON, as individuals, Defendants, Case
No. 1:21-cv-04883 (E.D.N.Y., August 30, 2021) is a class action
against the Defendants for violations of the Fair Labor Standards
Act and the New York Labor Law including failure to pay overtime
wages, failure to comply with wage notice and recordkeeping
requirements, failure to provide accurate wage statements, and
unlawful wage deductions.
The Plaintiffs were employed by the Defendants as laborers in New
York at any time between 2017 and 2021.
Richmond Construction, Inc. is a construction firm based in
Jamaica, New York. [BN]
The Plaintiffs are represented by:
Ramon Avshalumov, Esq.
HELEN F. DALTON & ASSOCIATES, PC
80-02 Kew Gardens Road, Suite 601
Kew Gardens, NY 11415
Telephone: (718) 263-9591
Facsimile: (718) 263-9598
SEQUENTIAL BRANDS: D'Arcy Suit Moved From C.D. Cal. to S.D.N.Y.
---------------------------------------------------------------
The case styled PETER D'ARCY, individually and on behalf of all
others similarly situated v. SEQUENTIAL BRANDS GROUP, INC., YEHUDA
SHMIDMAN, KAREN MURRAY, GARY KLEIN, and ANDREW COOPER, Case No.
2:21-cv-02305, was transferred from the U.S. District Court for the
Central District of California to the U.S. District Court for the
Southern District of New York on August 31, 2021.
The Clerk of Court for the Southern District of New York assigned
Case No. 1:21-cv-07296-JPO to the proceeding.
The case arises from the Defendants' alleged violations of the
Securities Exchange Act of 1934 by issuing materially false and/or
misleading statements with the U.S. Securities and Exchange
Commission about Sequential Brands Group's business, operations and
prospects in order to trade the company's securities at
artificially inflated prices between November 3, 2016 and December
11, 2020.
Sequential Brands Group, Inc. is a company that owns, promotes, and
markets a portfolio of consumer brand to retailers, wholesalers,
and distributors, with its principal place of business in New York,
New York. [BN]
The Plaintiff is represented by:
Laurence M. Rosen, Esq.
THE ROSEN LAW FIRM, P.A.
355 South Grand Avenue, Suite 2450
Los Angeles, CA 90071
Telephone: (213) 785-2610
Facsimile: (213) 226-4684
E-mail: lrosen@rosenlegal.com
SESEN BIO INC: Cizek Hits Share Drop from Failed Cancer Drug
------------------------------------------------------------
Michael Cizek, individually and on behalf of all others similarly
situated, Plaintiffs, v. Sesen Bio, Inc., Thomas R. Cannell and
Monica Forbes, Defendants, Case No. 21-cv-07309, (S.D. N.Y., August
31, 2021), seeks to recover compensable damages caused by
violations of the federal securities laws and to pursue remedies
under the Securities Exchange Act of 1934.
Sesen Bio is a late-stage clinical company that advances targeted
fusion protein therapeutics for cancer treatments. Its most
advanced product candidate is Vicineum (VB4-845), a locally
administered TFP developed as a treatment of bacillus
Calmette-Guerin, an unresponsive non-muscle invasive bladder
cancer. Sesen Bio reported preliminary efficacy data from its
ongoing Phase 3 clinical trial for Vicineum in August 2019. On
August 13, 2021, Sesen Bio announced that the FDA declined to
approve its Biologics License Application for Vicineum in its
current form. The FDA provided certain recommendations specific to
additional clinical/statistical data and analyses in addition to
Chemistry, Manufacturing and Controls) issues pertaining to a
recent pre-approval inspection and product quality.
On this news, Sesen Bio's share price fell $0.20, or 13%, to close
at $1.31 per share on August 18, 2021, on unusually heavy trading
volume.
According to the complaint, Defendants failed to disclose to
investors that Sesen Bio's clinical trial for Vicineum had more
than 2,000 violations of trial protocol, including 215 classified
as "major," that three of Sesen Bio's clinical investigators were
found guilty of "serious noncompliance," including "back-dating
data," that Sesen Bio had submitted the tainted data in connection
with the Biologics License Application for Vicineum, that Sesen
Bio's clinical trials showed that Vicineum leaked out into the
body, leading to side effects including liver failure and liver
toxicity and increasing the risks for fatal, drug-induced liver
injury and that Vicineum was not likely to be approved.
Cizek purchased Sesen Bio securities at artificially inflated
prices and was damaged upon the revelation of the alleged
disclosure. [BN]
Plaintiff is represented by:
Jeremy A. Lieberman, Esq.
J. Alexander Hood II, Esq.
Thomas H. Przybylowski, Esq.
POMERANTZ LLP
600 Third Avenue, 20th Floor
New York, NY 10016
Telephone: (212) 661-1100
Facsimile: (212) 661-8665
Email: jalieberman@pomlaw.com
ahood@pomlaw.com
tprzybylowski@pomlaw.com
ST. JOSEPH: Faces Richard Wage-and-Hour Suit in California
----------------------------------------------------------
JOSHUA RICHARD, on behalf of himself and all others similarly
situated, Plaintiff v. ST. JOSEPH CENTER; and DOES 1 through 50,
inclusive, Defendants, Case No. 21SMCV01441 (Cal. Super., Los
Angeles Cty., August 30, 2021) is a class action against the
Defendants for violations of the California Labor Code and the
California Business and Professions Code including unpaid wages and
overtime, failure to provide meal periods, failure to provide rest
periods, failure to keep accurate payroll records and provide
accurate itemized wage statements, failure to pay wages due upon
termination of employment, and failure to indemnify for
expenditures or losses in discharge of duties.
The Plaintiff was employed by the Defendants as a case manager on
or around May 19, 2020, until his termination on or around
September 18, 2020.
St. Joseph Center is a corporation that operates various
institutions throughout California. [BN]
The Plaintiff is represented by:
Kevin Mahoney, Esq.
MAHONEY LAW GROUP
249 E. Ocean Blvd. Suite #814
Long Beach, CA 90802
Telephone: (562) 590-5550
Facsimile: (562) 590-8400
E-mail: kmahoney@mahoney-law.net
STUDENT ASSIST: Faces Ulery TCPA Suit Over Unwanted Robocalls
-------------------------------------------------------------
DAVID ULERY, individually and on behalf of all others similarly
situated v. STUDENT ASSIST PLUS, LLC, Case No. 8:21-cv-01371 (C.D.
Cal., Aug. 20, 2021) contends that the Defendant promotes and
markets its merchandise, in part, by placing unsolicited telephone
calls to wireless phone users, in violation of the Telephone
Consumer Protection Act.
The Plaintiff brings this class action complaint for damages,
injunctive relief, and any other available legal or equitable
remedies, resulting from the illegal actions of the Defendant in
negligently or willfully contacting Plaintiff on Plaintiff's
cellular telephone.
The Plaintiff and each Class Member received unwanted telephone
robocalls from ther Defendant. Moreover, Plaintiff and Class
members' phone numbers were registered with the National
Do-Not-Call Registry. This lawsuit challenges all calls that were
sent by the Defendant to Plaintiff and Class Members from 14 August
2017, through the date of filing this class action complaint.
The Plaintiff's domicile is in Colorado Springs, Colorado.
The Defendant is a company that engages in the marketing and sales
of loan services to consumers across the country.[BN]
The Plaintiff is represented by:
Seth M. Lehrman, Esq.
EDWARDS POTTINGER LLC
425 North Andrews Avenue, Suite 2
Fort Lauderdale, FL 33301
Telephone: (954) 524-2820
Facsimile: (954) 524-2822
E-mail: seth@epllc.com
T-MOBILE US: Fails to Properly Secure Customers' Info, Vash Claims
------------------------------------------------------------------
Stephen J. Vash, individually and on behalf of all others similarly
situated v. T-Mobile US, Inc., Case No. 1:21-cv-03384-SCJ (N.D.
Ga., Aug. 19, 2021) Plaintiff brings is a class action suit against
T-Mobile for its failure to properly secure and safeguard the
personally identifiable information of Plaintiff and other members
of the proposed class stored within T-Mobile's information network,
including, without limitation, first and last names, dates of
birth, social security numbers, driver's license/ID information,
physical addresses, phone numbers, unique International Mobile
Equipment Identity (or "IMEI") numbers, and/or account PINs
("PII").
The class action is brought by the Plaintiff on behalf of himself
and the more than 100,000,000 other similarly situated persons
whose personal information was acquired and/or accessed by
unauthorized persons in the data breach that T-Mobile announced on
August 16, 2021 (the "Data Breach").
The Plaintiff and other members of the proposed class were
required, as current or prospective customers of T-Mobile, to
provide T-Mobile with sensitive personal information to apply for
and/or receive wireless voice, messaging, and data services.
T-Mobile assured Plaintiff and other members of the proposed class
that their personal information would be kept safe from
unauthorized access. The T-Mobile Privacy Policy touts as follows:
"We use administrative, technical, contractual, and physical
safeguard designed to protect your data while it is under our
control."
T-Mobile betrayed the trust of Plaintiff and other members of the
proposed class by failing to properly safeguard and protect their
sensitive personal information, enabling cybercriminals to acquire
and/or access it, the suit says.
The Plaintiff and other members of the proposed class have suffered
injury because of T-Mobile's conduct. These injuries include actual
identity theft; the compromise, publication, and/or theft of their
PII; and out-of-pocket expenses associated with the prevention,
detection, and recovery from identity theft and/or unauthorized use
of their PII.
The Plaintiff seeks actual damages, statutory damages, punitive
damages, and restitution, with attorney fees, costs, and expenses.
The Plaintiff also seeks declaratory and injunctive relief,
including significant improvements to T-Mobile's data security
systems and protocols (which have been the subject of multiple
recent data breaches), future annual audits, T-Mobile-funded
long-term credit monitoring services, and any other remedies the
Court deems necessary and proper.
The Plaintiff is and has been a customer of, and received wireless
voice, messaging, and data services from, T-Mobile.
T-Mobile provides wireless voice, messaging, and data services in
the United States, Puerto Rico and the U.S. Virgin Islands under
the T-Mobile and Metro by T-Mobile brands. The company operates the
second largest wireless network in the U.S. market with over 100
million customers and annual revenues of more than $68
billion.[BN]
The Plaintiff is represented by:
John C. Herman, Esq.
Peter M. Jones, Esq.
Carlton Jones, Esq.
HERMAN JONES LLP
3424 Peachtree Road, N.E., Suite 1650
Atlanta, Georgia 30326
Telephone: (404) 504-6500
Facsimile: (404) 504-6501
E-mail: jherman@hermanjones.com
pjones@hermanjones.com
cjones@hermanjones.com
T-MOBILE US: Fails to Protect Customers' Personal Info, Thang Says
------------------------------------------------------------------
Henry Thang, individually and on behalf of all others similarly
situated v. T-Mobile US, Inc., a Delaware corporation, Case No.
5:21-cv-06473 (N.D. Cal., Aug. 20, 2021) is a class action
complaint on behalf of customers harmed as a result of T-Mobile's
failure to safeguard and protect its customers' highly sensitive
and personal information.
According to the complaint, T-Mobile assures its customers that it
uses "administrative, technical, contractual, and physical
safeguards designed to protect [customers'] data while it is under
[T-Mobile's] control."
Despite T-Mobile's strong customer growth, T-Mobile has repeatedly
failed to safeguard the information of its customers responsible
for its success, with regularly recurring instances of data
security deficiencies, the lawsuit says
In its latest failure, as a result of T-Mobile's alleged lax
security protocols, hackers gained access to multiple T-Mobile
servers and were able to steal the personal information of millions
of customers, including their Social Security numbers, phone
numbers, addresses, unique International Mobile Equipment Identity
("IMEI") numbers (unique 15-digit codes that precisely identify the
device), and Drivers' License numbers (hereinafter referred to as
the "Data Breach.").
As one of the United States' largest wireless carriers, T-Mobile
currently claims to have over 104.8 million customers as of the
second quarter of 2021.
T-Mobile has touted its superior technology to persuade consumers
to purchase its services. T-Mobile states that it "is the leader in
5G," offering 5G download speeds, upload speeds, and availability,
among other things. T-Mobile's efforts have resulted in wireless
coverage that reaches over a hundred million people, representing
the best customer growth in the industry.
The Plaintiff seeks to remedy these harms on behalf of himself and
all similarly situated individuals whose personal information was
stolen in the Data Breach. The Plaintiff and Class members seek
remedies including reimbursement of losses due to identity theft,
fraud, and otherout-of-pocket costs; compensation for time spent
responding to the Data Breach; credit monitoring and identity theft
insurance; and injunctive relief requiring an overhaul of
T-Mobile's security systems to lessen the chance that another data
security incident is just around the corner.[BN]
The Plaintiff is represented by:
Ronald A. Marron, Esq.
Alexis M. Wood, Esq.
Kas L. Gallucci, Esq.
LAW OFFICES OF RONALD A. MARRON
651 Arroyo Drive
San Diego, CA 92103
Telephone: (619) 696-9006
Facsimile: (619) 564-6665
E-mail: ron@consumersadvocates.com
alexis@consumersadvocates.com
kas@consumersadvocates.com
- and -
Margaret MacLean, Esq.
Christian Levis, Esq.
Amanda Fiorilla, Esq.
LOWEY DANNENBERG, P.C.
44 South Broadway, Suite 1100
White Plains, NY 10601
Telephone: (914) 997-0500
Facsimile: (914) 997-0035
E-mail: mmaclean@lowey.com
clevis@lowey.com
afiorilla@lowey.com
T-MOBILE USA: Norris Sues Over Data Breach
------------------------------------------
Randall Norris and Misty Norris, on behalf of themselves and all
other persons similarly situated, Plaintiff, v. T-Mobile USA, Inc.,
Defendant, Case No. 21-cv-01153 (W.D. Wash., August 26, 2021),
seeks to recover damages and other relief resulting from a data
breach, including but not limited to, compensatory damages,
reimbursement of costs and declaratory judgment and injunctive
relief resulting from negligence, breach of express and implied
contract, breach of fiduciary duty and violations of the Federal
Trade Commission Act and Washington's Consumer Protection Act.
T-Mobile USA, Inc. is a nationwide telecommunications company
headquartered in Bellevue, Washington and is a wholly owned
subsidiary of Deutsche Telekom AG, headquartered in Bonn, Germany.
T-Mobile collects a significant amount of data from its current and
former customers, often including sensitive personal information
such as Social Security numbers, addresses, telephone numbers,
dates of birth, bank account numbers, credit card numbers,
financial transaction records, credit ratings and driver’s
license numbers.
On August 19, 2021, T-Mobile announced a "Notice of Data Breach" on
its website that it had learned on August 17, 2021.
Norris alleges that T-Mobile failed to safeguard the confidential
information of millions of current and former T-Mobile USA, Inc.
customers. The confidential information stolen appears to encompass
names, birthdays, Social Security numbers, driver’s license
numbers, phone numbers, and account PINs, among other Personal
Identifying Information. [BN]
Plaintiff is represented by:
Anne-Marie E. Sargent, Esq.
Stephen P. Connor, Esq.
Derik Campos, Esq.
CONNOR & SARGENT PLLC
921 Hildebrand Lane NE, Suite 240
Bainbridge Island, WA 98110
Tel: (206) 654-5050
Email: steve@cslawfirm.net
aes@cslawfirm.net
derik@cslawfirm.net
- and -
Gary F. Lynch, Esq.
Nicholas A. Colella, Esq.
CARLSON LYNCH, LLP
1133 Penn Avenue, 5th Floor
Pittsburgh, PA 15222
Telephone: (412) 322-9243
Facsimile: (412) 231-0246
Email: glynch@carlsonlynch.com
ncolella@carlsonlynch.com
- and -
Stephen P. Connor, Esq.
Anne-Marie E. Sargent, Esq.
Derik Campos, Esq.
CONNOR & SARGENT PLLC
921 Hildebrand Lane NE, Suite 240
Bainbridge Island, WA 98110
Tel: (206) 654-5050
Email: steve@cslawfirm.net
aes@cslawfirm.net
derik@cslawfirm.net
- and -
Joseph P. Guglielmo, Esq.
SCOTT+SCOTT ATTORNEYS AT LAW LLP
The Helmsley Building
230 Park Avenue, 17th Floor
New York, NY 10169
Telephone: (212) 223-6444
Facsimile: (212) 223-6334
Email: jguglielmo@scott-scott.com
- and -
MaryBeth V. Gibson, Esq.
THE FINLEY FIRM, P.C.
3535 Piedmont Road
Building 14, Suite 230
Atlanta, GA 30305
Telephone: (404) 320-9979
Facsimile: (404) 320-9978
Email: mgibson@thefinleyfirm.com
- and -
Arthur M. Murray, Esq.
MURRAY LAW FIRM
701 Poydras Street
New Orleans, LA 70139
Telephone: (504) 525-8100
Email: amurray@murray-lawfirm.com
- and -
Brian C. Gudmudson, Esq.
ZIMMERMAN REED LLP
1100 IDS Center
80 South 8th Street
Minneapolis, MN 55402
Telephone: (612) 341-0400
Facsimile: (612) 341-0844
Email: brian.gudmundston@zimmreed.com
TAISHAN GYPSUM: Bayne Suit Moved From N.D. Alabama to N.D. Florida
------------------------------------------------------------------
The case styled RANDY BAYNE, et al., individually and on behalf of
all others similarly situated v. TAISHAN GYPSUM CO., LTD. F/K/A
SHANDONG TAIHE DONGXIN CO., LTD.; TAI'AN TAISHAN PLASTERBOARD CO.,
LTD.; BEIJING NEW BUILDING MATERIALS PUBLIC LIMITED CO.; BEIJING
NEW BUILDING MATERIALS (GROUP) CO., LTD.; CHINA NATIONAL BUILDING
MATERIAL CO., LTD., Case No. 4:17-cv-01286, was transferred from
the U.S. District Court for the Northern District of Alabama to the
U.S. District Court for the Northern District of Florida on August
31, 2021.
The Clerk of Court for the Northern District of Florida assigned
Case No. 3:21-cv-00994-MCR-HTC to the proceeding.
The case arises from the Defendants' alleged negligence, negligence
per se, strict liability, breach of express and/or implied
warranties, redhibition, private nuisance, unjust enrichment,
equitable and injunctive relief, and violations of Louisiana
Products Liability Act and consumer protection acts by
manufacturing, distributing, and marketing of defective drywall
which caused damage to the Plaintiffs' and Class members' personal
properties.
Taishan Gypsum Co., Ltd., formerly known as Shandong Taihe Dongxin
Co., Ltd., is a company that manufactures and distributes gypsum
products, headquartered in China.
Tai'an Taishan Plasterboard Co., Ltd. is a building material
company based in China.
Beijing New Building Materials Public Limited Co. is a company that
manufactures and distributes gypsum products, headquartered in
China.
Beijing New Building Materials (Group) Co., Ltd. is a building
material company based in China.
China National Building Material Co., Ltd. is a building material
company based in China. [BN]
The Plaintiffs are represented by:
James R. Reeves, Jr., Esq.
REEVES & MESTAYER, PLLC
160 Main Street
Biloxi, MS 39530
Telephone: (228) 374-5151
Facsimile: (228) 374-6630
E-mail: jrr@rmlawcall.com
TERESA HOWELL: Easley Files Suit in W.D. Arkansas
-------------------------------------------------
A class action lawsuit has been filed against Teresa Howell, et al.
The case is styled as Cynthia Easley, Terry Easley, on behalf of
herself and others similarly situated v. Teresa Howell, in his
official capacity as County Prosecutor; Mike Cash, in his official
capacity as County Sheriff; Case No. 6:21-cv-06125-SOH (W.D. Ark.,
Sept. 2, 2021).
The nature of suit is stated as Other Civil Rights for the Civil
Rights Act.
Teresa Howell is the Grant County Prosecuting Attorney, Sheridan,
Arkansas.[BN]
The Plaintiffs are represented by:
Amy Marie Pritchard, Esq.
1201 McMath Avenue
Little Rock, AR 72202
Phone: (501) 324-9966
Email: ampritchard@ualr.edu
*********
S U B S C R I P T I O N I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
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USA, and Beard Group, Inc., Washington, D.C., USA. Rousel Elaine T.
Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L.
Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors.
Copyright 2021. All rights reserved. ISSN 1525-2272.
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