/raid1/www/Hosts/bankrupt/CAR_Public/211230.mbx
C L A S S A C T I O N R E P O R T E R
Thursday, December 30, 2021, Vol. 23, No. 255
Headlines
ACELRX PHARMA: Sneed, Musry Appointed as Lead Plaintiffs
ALPARGATAS USA: Colin FCRA Suit Removed to C.D. California
ARROW SENIOR: Parties Seek to Conditionally Certify Class
AUDIBLE INC: Ct. Enters Case Management Plan & Scheduling Order
AUTUMN LAKE: FLSA Conditional Cert. Filing Due March 16, 2022
BANK OF AMERICA: Beaman Sues Over Stolen Funds from Account
BISHOP OF CHARLESTON: Seeks Class Cert. Response Extension
BOEING COMPANY: $237.5MM Settlement Hearing on February 23
BUREAUS INC: Boothe Disputes Unvalidated Collection Letter
BUZZ FINCO: Garner Suit Removed to N.D. Illinois
CANNABIS & GLASS: Frank Seeks to Certify Settlement Class
CHASE DENNIS: Parties Seek to Vacate Class Cert. Deadlines
CITATION OIL: Court Enters Agreed Class Cert. Scheduling Order
CRST INTERNATIONAL: Cervantes Suit Seeks to Certify Class Action
CVS PHARMACY: Court Junks Piescik Amended Complaint with Prejudice
DELTA AIR LINES: Toledo Files Suit in Cal. Super. Ct.
DRUMMOND COMPANY: Class Cert Response Filing Extended in Jerue
FOGO DE CHAO: Class Cert Response/Reply Extended in FLSA Suit
HARTZ MOUNTAIN: Dog Owners Dispute "No Leaks" Label on Dog Diaper
HOWARD BANK: Time Extension to File Response OK'd in Brasko
INSPIRATION POINT: Orisma Sues Over Neglect of Responsibility
KROGER CO: Filing of Class Status Bid Extended to Feb. 28, 2022
LYFT INC: Castaneda Hits Misclassification, Seeks Proper Wages
MANKIN LAW: Layne Files FDCPA Suit in M.D. Florida
MDL 2738: Talcum Product Liability Row Transferred to D. N.J.
MDL 3004: Paraquat Products Liability Row Transferred to S.D. Ill.
MITSUBISHI MOTORS: Hardy Files Suit in C.D. California
MY IMPORTS USA: Goldstein Files Suit in S.D. New York
OCCIDENTAL PETROLEUM: Ct. Fixes Amended Case Sched in Black Suit
OWENS-BROCKWAY: Aguilar Suit Removed to C.D. California
PACIFIC COAST: Evergreen Wins Bid to Halt Dissolution of Trust
PRATT & WHITNEY: Balicoco Hits Employee Non-Poaching Policy
PROCTER & GAMBLE: Bernsee Slams Benzene in Antiperspirants
PROFESSIONAL RADIOLOGY: Initial OK of Settlement in Jackson Sought
PTT LLC: Wilson Files Suit in N.D. California
QUEENS VILLAGE: Court Certifies Class in Davis Suit
QUEST GLOBAL: Chapman Hits Employee Non-Poaching Policy
ROCHA CORP: Cicotte Sues to Recover Unpaid Overtime
SEBA ABODE: Wofford, Sears Seek to Certify Classes of Employees
SYMETRA ASSIGNED: Filing for Class Cert. Bid Due Feb. 18, 2022
TIVITY HEALTH: Class Cert Reply Brief Must be Filed by Jan 21, 2022
TRINITY SERVICES: Court Tosses Goff Bid for Class Certification
UMR INC: Court Narrows Claims in Berceanu Suit
UNITED AIRLINES: Extension of Time for Class Cert. Reply Sought
UNIVERSITY OF KENTUCKY: Niblock Seeks to Certify Class Action
UNIVERSITY OF WISCONSIN: Fabbrocini Loses Class Status Bid
UPS SUPPLY: Parties in Ayala Suit Seek Class Action Settlement
WALMART INC: Filing of Class Certification Bid Due July 15, 2022
WINCO FOODS: Case Management Deadlines Extended in Miller Suit
WRIST AFICIONADO: Cortazar-Garcia Sues Over Harassment, Unpaid OT
*********
ACELRX PHARMA: Sneed, Musry Appointed as Lead Plaintiffs
--------------------------------------------------------
In the class action lawsuit captioned as AARON SNEED JR., v. ACELRX
PHARMACEUTICALS, INC., et al., Case No. 5:21-cv-04353-BLF (N.D.
Cal.), the Hon. Judge Beth Labson Freeman entered an order
appointing Aaron Sneed and Yaacov Musry as Lead Plaintiffs and
Pomerantz LLP as lead counsel.
The Court said, "putative lead plaintiff Paul Dupre's competing
motion is denied. No later than January 14, 2022, the parties shall
meet-and-confer and propose a schedule for (1) the filing of an
amended complaint and (2) the filing of Defendants’ responsive
pleading."
AcelRx operates as a pharmaceutical company. The Company offers
therapies for the treatment of acute and breakthrough pain.
A copy of the Court's order dated Dec. 16, 2021 is available from
PacerMonitor.com at https://bit.ly/3mG7ppf at no extra charge.[CC]
ALPARGATAS USA: Colin FCRA Suit Removed to C.D. California
----------------------------------------------------------
The case styled as Connie Colin, individually and on behalf of all
others similarly situated v. Alpargatas USA, Inc. doing business
as: Havaianas, , Case No. 21STCV36498, was removed from the
Superior Court of Spokane County, to the U.S. District Court for
the Central District of California on Dec. 3, 2021.
The District Court Clerk assigned Case No. 2:21-cv-09394-GW-E to
the proceeding.
The lawsuit is brought over alleged violation of the Fair Credit
Reporting Act.
Alpargatas USA, Inc. doing business as Havaianas --
https://us.havaianas.com/ -- operates as an online footwear
retailer.[BN]
The Plaintiff is represented by:
John R. Habashy, Esq.
LEXICON LAW PC
633 West Fifth Street 28th Floor
Los Angeles, CA 90071
Phone: (213) 233-5900
Fax: (888) 373-2107
Email: john@lexiconlaw.com
The Defendants is represented by:
Harrison Maxwell Brown, Esq.
Nicole Noelani Wentworth, Esq.
Anahit Tagvoryan, Esq.
BLANK ROME LLP
2029 Century Park East 6th Floor
Los Angeles, CA 90067
Phone: (424) 239-3400
Fax: (424) 239-3433
Email: harrison.brown@blankrome.com
nicole.wentworth@blankrome.com
ana.tagvoryan@blankrome.com
ARROW SENIOR: Parties Seek to Conditionally Certify Class
---------------------------------------------------------
In the class action lawsuit captioned as KENDALL OLIN-MARQUEZ, on
behalf of herself and others similarly situated, v. ARROW SENIOR
LIVING MANAGEMENT, LLC, Case No. 2:21-cv-00996-EAS-CMV (S.D. Ohio),
the Parties ask the Court to enter an order:
1. conditionally certifying a class of all persons that fit
the definition of Collective Class Members:
"All current and former hourly, non-exempt employees at
any Arrow senior living community in Ohio who (1) were
paid for 40 or more work hours in any workweek they were
required to have a meal break deduction taken from their
compensable hours worked and/or (2) were paid for more
than 40 hours work hours in any workweek that they
received nondiscretionary bonus payments, such as a
retention bonus (often called a "Sign On Bonus") or a
shift pick-up bonus, for working extra shifts or hours
beyond what the employee was scheduled to work from June
7, 2018 to the present."
2. approving Matthew J.P. Coffman of Coffman Legal, LLC and
Shannon M. Draher of Nilges Draher LLC as Lead Counsel;
and
3. approving Kendall Olin-Marquez to serve as the
Representative Plaintiff of this collective action.
Arrow Senior manages a collection of communities that offer varying
levels of care including independent living, assisted living, and
memory care.
A copy of the Court's order dated Dec. 17, 2021 is available from
PacerMonitor.com at https://bit.ly/3Ju9E9g at no extra charge.[CC]
The Plaintiff is represented by:
Shannon M. Draher, Esq.
NILGES DRAHER LLC
7266 Portage St, N.W., Suite D
Massillon, OH 44646
Telephone: (330) 470-4428
Facsimile: (330) 754-1430
E-mail: sdraher@ohlaborlaw.com
- and -
Adam C. Gedling, Esq.
Keslie N. Hendren, Esq.
COFFMAN LEGAL, LLC
1550 Old Henderson Road, Suite 126
Columbus, OH 43220
Telephone: (614) 949-1181
Facsimile: (614) 386-9964
E-mail: mcoffman@coffmanlegal.com
agedling@coffmanlegal.com
khendren@coffmanlegal.com
The Defendant is represented by:
Monica L. Lacks, Esq.
Rebecca J. Bennett, Esq.
OGLETREE, DEAKINS, NASH
SMOAK & STEWART, P.C.
Key Tower
127 Public Square, Suite 4100
Cleveland, OH 44114
Telephone: (216) 241-6100
Facsimile: (216) 357-4733
E-mail: rebecca.bennett@ogletree.com
Monica.lacks@ogltree.com
AUDIBLE INC: Ct. Enters Case Management Plan & Scheduling Order
---------------------------------------------------------------
In the class action lawsuit captioned as Golden Unicorn
Enterprises, Inc., and Big Dog Books, LLC, v. Audible, Inc., Case
No. 1:21-cv-07059-JMF (S.D.N.Y.), the Hon. Judge Jesse M. Furman
entered a civil case management plan and scheduling order as
follows:
-- All parties do not consent to conducting all further
proceedings before a United States Magistrate Judge,
including motions and trial.
-- The parties are free to withhold consent without adverse
substantive consequences. Motions due by Jan. 14, 2022.
-- Deposition due by Oct. 31, 2022.
-- Fact Discovery due by Aug. 31, 2022.
-- Expert Discovery due by Oct. 31, 2022.
-- This case is to be tried to a jury. Counsel for the parties
have conferred, and the present best estimate of the length
of trial is 10 full days.
-- Pretrial Conference set for April 7, 2022 at 04:15 PM.
-- The parties shall focus discovery in the first instance on
issues relevant to class certification.
Audible is a producer and provider of original spoken-word
entertainment and audiobooks.
A copy of the Court's order dated Dec. 15, 2021 is available from
PacerMonitor.com at https://bit.ly/3Ew83vJ at no extra charge.[CC]
AUTUMN LAKE: FLSA Conditional Cert. Filing Due March 16, 2022
-------------------------------------------------------------
In the class action lawsuit captioned as JACQUELINE HALL, v. AUTUMN
LAKE HEALTHCARE LLC, and CAMEO NURSING HOME LLC, Case No. No.
21-cv-1108-pp (E.D. Wisc.), the Hon. Judge Pamela Pepper entered a
scheduling order as follows:
-- The parties shall exchange their Rule 26(a)(1) disclosures
by the end of the day on January 20, 2022.
-- Parties wishing to amend pleadings or join parties without
leave of the court shall do so no later than the end of the
day on January 20, 2022.
-- The plaintiff shall file a motion for conditional
certification under Fair Labor Standards Act (FLSA) no
later than the end of the day on March 16, 2022.
-- The parties shall file motions for final certification,
class certification, and decertification no later than the
end of the day on September 28, 2022.
-- The parties shall complete all discovery no later than the
end of the day on December 7, 2022.
-- A party wishing to file dispositive motions must do so by
the end of the day on January 11, 2023. The response and
reply deadlines mandated by Civil Local Rule 56 shall
apply. The parties shall file a joint status report by
January 11, 2023 if they choose not to file a dispositive
motion.
Autumn Lake is a management company that provides non-healthcare
services to licensed healthcare centers.
A copy of the Court's order dated Dec. 16, 2021 is available from
PacerMonitor.com at https://bit.ly/3JBKzt5 at no extra charge.[CC]
BANK OF AMERICA: Beaman Sues Over Stolen Funds from Account
-----------------------------------------------------------
Cassandra Valerie Beaman, on behalf of herself and all others
similarly situated, Plaintiff, v. Bank of America, N.A., and Does
1-20, inclusive, (Case No. 21-cv-20561, D. N.J.) seeks declaratory
and injunctive relief, a refund for the value of unauthorized
transactions from Defendant's California Employment Development
Department accounts, an award of all recoverable compensatory,
statutory, and other damages sustained, including disgorgement,
unjust enrichment, restitution, and all other available relief
under applicable law, an award of punitive damages pursuant to
applicable law, refund of reasonable attorneys' fees and expenses,
taxable costs, prejudgment and post-judgment interest and any other
relief resulting from negligence, negligent performance of
contract, negligent failure to warn, breach of contract, breach of
implied contract, breach of the implied covenant of good faith and
fair dealing, and for violation of the Electronic Funds Transfer
Act.
Bank of America, N.A., is one of the largest banking associations
in the United States. It has an exclusive contract with the New
Jersey Department of Labor & Workforce to administer COVID-19
benefits payment programs.
Beaman suddenly lost her job because of the COVID-19 pandemic.
After losing her job, she was eligible and applied for COVID
unemployment benefits. In March 2020, she began receiving
unemployment benefits through Bank of America, which issued her a
prepaid debit card to access her benefits. Despite never using her
card for a purchase, ATM withdrawal, or other transaction benefits
from her account to her regular bank account, fraudulent
unauthorized purchases appeared on her account in late May 2020.
Upon discovering the unauthorized transactions, she immediately
reported them to Bank of America. Since May 23, 2021, Bank of
America has yet to credit her account for any of the fraudulently
stolen money. Further, on May 23, 2021, Bank of America illegally
froze her account and has yet to unfreeze her account. [BN]
Plaintiffs are represented by:
George Haines, Esq.
FREEDOM LAW FIRM
One Gateway Center, Suite 2600
Newark, NJ 07102
Phone: (702) 880-5554
Fax: (702) 967-6666
Email: ghaines@freedomlegalteam.com
BISHOP OF CHARLESTON: Seeks Class Cert. Response Extension
----------------------------------------------------------
In the class action lawsuit captioned as Tuition Payer 100, Viewed
Student Female 200, Viewed Student Male 300, on behalf of
themselves and all others similarly situated, v. The Bishop of
Charleston, a Corporation Sole, Bishop England High School,
Tortfeasors 1-10, The Bishop of the Diocese of Charleston, in his
official capacity, and Robert Guglielmone, individually, Case No.
2:21-cv-00613-RMG (D.S.C.), the Plaintiffs ask the Court to enter
an order granting the Defendants a 14-day extension beyond the
previous Court deadline of December 29, 2021, to-wit, January 12,
2022 to file their Response to Plaintiffs' motion for class
certification.
The Plaintiffs say that they did not object to the Defendants
request for an extension of time prior to the filing of the
Defendants' motion, however, were only amenable to an extension of
14 days (the original Court set period was 16 days, presumably 14
days plus the two federal holidays of Christmas Eve and Christmas
Day). The proposed 14-day extension covers the upcoming holidays
and the defense counsels’ vacation schedules.
A copy of the Court's order dated Dec. 15, 2021 is available from
PacerMonitor.com at https://bit.ly/3z49bFF at no extra charge.[CC]
The Plaintiffs are represented by:
Lawrence E. Richter, Jr., Esq.
Anna E. Richter, Esq.
THE RICHTER FIRM, LLC
622 Johnnie Dodds Blvd.
Mt. Pleasant, SC 29464
Telephone: (843) 849-6000
E-mail: LRichter@RichterFirm.com
Anna@RichterFirm.com
- and -
Carl L. Solomon, Esq.
SOLOMON LAW GROUP, LLC
P.O. Box 1866
Columbia, SC 29202
Telephone: (803) 391-3120
E-mail: carl@solomonlawsc.com
- and -
Daniel Scott Slotchiver, Esq.
Stephen Slotchiver, Esq.
SLOTCHIVER & SLOTCHIVER LLP
751 Johnnie Dodds Blvd, Suite 100
Mt. Pleasant, SC 29464
Telephone: (843) 577-6531
E-mail: dan@slotchiverlaw.com
steve@slotchiverlaw.com
- and -
Brent S. Halversen, Esq.
BRENT SOUTHER HALVERSEN, LLC
751 Johnnie Dodds Blvd, Suite 200
Mt. Pleasant, SC 29464
Telephone: 843-284-5790
E-mail: brent@halversenlaw.com
BOEING COMPANY: $237.5MM Settlement Hearing on February 23
----------------------------------------------------------
The following is being released by The Boeing Company pursuant to
an Order of the Court of Chancery of the State of Delaware:
IN RE THE BOEING COMPANY
DERIVATIVE LITIGATION
Consol. C.A. No. 2019-0907-MTZ
SUMMARY NOTICE OF PENDENCY OF THE ACTION, PROPOSED
SETTLEMENT OF THE ACTION, AND SETTLEMENT HEARING
TO: ALL CURRENT STOCKHOLDERS OF THE BOEING COMPANY
("BOEING") AS OF NOVEMBER 5, 2021.
PLEASE READ THIS NOTICE CAREFULLY AND IN ITS ENTIRETY. YOUR RIGHTS
WILL BE AFFECTED BY THE LEGAL PROCEEDINGS IN THE ACTION.
YOU ARE HEREBY NOTIFIED, pursuant to Rule 23.1 of the Delaware
Court of Chancery and a Scheduling Order of the Court of Chancery
of the State of Delaware (the "Court"), of the pendency of the
above-captioned stockholder derivative action (the "Action"), which
was brought by Co-Lead Plaintiffs Thomas P. DiNapoli, Comptroller
of the State of New York, as Administrative Head of the New York
State and Local Retirement System, and as Trustee of the New York
State Common Retirement Fund, and the Fire and Police Pension
Association of Colorado (together, "Co-Lead Plaintiffs") on behalf
of and for the benefit of Boeing.
YOU ARE ALSO NOTIFIED that, as provided in a Stipulation and
Agreement of Compromise, Settlement and Release, dated as of
November 5, 2021 (the Stipulation"), Co-Lead Plaintiffs and
Defendants (as defined in the Stipulation) have reached a proposed
settlement of the Action (the "Settlement"), subject to Court
approval. Pursuant to the Stipulation, as consideration for the
Settlement, Defendants shall cause their insurers to make a
monetary payment of $237.5 million, less the amount of any
attorneys' fees and expenses awarded by the Court in connection
with the Settlement, to Boeing, and Boeing shall implement the
corporate governance measures set forth in Exhibit A to the
Stipulation.
Additional information concerning the Settlement terms, as well as
a description of the history of the Action and an explanation of
stockholders' legal rights with respect to the Settlement, is
provided in the full printed Notice of Pendency of the Action,
Proposed Settlement of the Action, and Settlement Hearing (the
"Notice"). The Notice and the Stipulation have been published on
Boeing's public website, available at
www.boeing.com/company/general-info/corporate-governance.page#/information,
and on a website created by Co-Lead Plaintiffs' counsel, available
at www.boeingderivativesettlement.com. The Notice is also being
sent by mail to Boeing stockholders who are record holders of
Boeing stock as of the close of business on the date of the
Stipulation, or, with respect to such holders who have opted to
receive information from Boeing electronically, by electronic
means. Boeing stockholders may also request a copy of the
Stipulation and Notice by contacting counsel listed below.
A hearing will be held by the Court. The hearing shall be held at
the Leonard L. Williams Justice Center, 500 North King Street,
Wilmington, Delaware 19801, on February 23, 2022, at 1:30 p.m. (the
"Settlement Hearing").
At the Settlement Hearing, the Court will be asked to: (a)
determine whether the Stipulation, and the terms and conditions of
the Settlement set forth in the Stipulation, are fair, reasonable,
adequate, and in the best interests of Boeing and should be
approved by the Court; (b) determine whether an Order and Final
Judgment should be entered dismissing the Action and the
Consolidated Actions with prejudice, including as against Named
Defendants, releasing the Released Claims (as defined in the
Stipulation) against the respective Released Parties (as defined in
the Stipulation), and barring and enjoining prosecution of any and
all Released Claims against any and all respective Released
Parties; (c) hear and determine any objections to the Settlement;
(d) consider Co-Lead Plaintiffs' petition for an award of
attorneys' fees and expenses in connection with the Action (the
"Fee and Expense Application"); and (e) rule on other such matters
as the Court may deem appropriate. Stockholders do not need to
attend the Settlement Hearing.
Any objections to the proposed Settlement or the Fee and Expense
Application must be filed with the Court and delivered to counsel
for Co-Lead Plaintiffs and Defendants such that they are received
no later than twenty (20) calendar days before the Settlement
Hearing, in accordance with the instructions set forth in the
Notice.
Please note: Because the Action was brought as a derivative action,
which means that it was brought on behalf of and for the benefit of
Boeing, the benefits from the Settlement will go to Boeing.
Individual Boeing stockholders will not receive any direct payment
from the Settlement. Also, please note that there is no proof of
claim form for stockholders to submit in connection with this
Settlement, and stockholders are not required to take any action in
response to this notice.
DO NOT CALL OR WRITE THE COURT OR THE OFFICE OF THE REGISTER IN
CHANCERY REGARDING THIS NOTICE
All questions regarding this notice and the Settlement should be
made to the following counsel for Co-Lead Plaintiffs:
Steven E. Fineman
Nicholas Diamand
LIEFF CABRASER
HEIMANN & BERNSTEIN, LLP
250 Hudson Street, 8th Floor
New York, New York
10013
Richard M. Heimann
Katherine Lubin Benson
LIEFF CABRASER
HEIMANN & BERNSTEIN, LLP
275 Battery Street, 29th Floor
San Francisco, California
94111
Joel Friedlander
Jeffrey M. Gorris
Christopher M. Foulds
FRIEDLANDER & GORRIS, P.A.
1201 North Market Street Suite 2200
Wilmington, Delaware
19801
BY ORDER OF THE COURT
BUREAUS INC: Boothe Disputes Unvalidated Collection Letter
----------------------------------------------------------
Gary Boothe, individually and on behalf of all others similarly
situated, Plaintiff, v. The Bureaus, Inc., Bureaus Investment Group
Portfolio No. 15 LLC, Defendants, Case No. 21-cv-10801 (S.D. N.Y.,
December 16, 2021), seeks to recover compensable damages caused by
violations of the Fair Debt Collection Practices Act.
Bureaus is a debt collector based in Northbrook, Illinois. It
attempted to collect a debt allegedly owed by Boothe to Comenity
Bank, N.A. vis-a-vis a collection letter dated July 26, 2021.
Boothe alleges that Bureaus failed to validate the debt and failed
to properly identify the current creditor to whom the alleged debt
is owed in violation of the Fair Debt Collection Practices Act.
[BN]
Plaintiff is represented by:
Raphael Deutsch, Esq.
STEIN SAKS, PLLC
One University Plaza, Ste. 620
Hackensack, NJ 07601
Tel: (201) 282-6500 ext. 122
Fax: (201) 282-6501
Email: rdeutsch@steinsakslegal.com
BUZZ FINCO: Garner Suit Removed to N.D. Illinois
------------------------------------------------
Timothy Garner, individually and on behalf of similarly situated
individuals v. BUZZ FINCO L.L.C., a Delaware limited liability
company; BUZZ BIDCO L.L.C., a Delaware limited liability company,
Case No. 2021-L-00000307 was removed from the Circuit Court for the
Seventeenth Judicial Circuit of Illinois, County of Winnebago to
the United States District Court for the Northern District of
Illinois on Dec. 3, 2021, and assigned Case No. 3:21-cv-50457.
The Plaintiff claims that the Defendants violated Illinois'
Biometric Information Privacy Act. He alleges that he uploaded a
picture of himself when he created a membership profile on the
Badoo app prior to the launch of the Lookalikes feature. Once
Lookalikes was launched, according to Plaintiff, "Badoo scanned
Plaintiff Garner's facial geometry in Illinois," and "repeated its
scans of Plaintiff's facial geometry with every photo of himself
which Plaintiff Garner uploaded in Illinois." According to the
complaint, the Defendants performed these facial geometry scans
without adhering to the consent and disclosure requirements of
BIPA.[BN]
The Defendant is represented by:
John Ellis, Esq.
ELLIS LEGAL P.C.
200 West Madison Street, Suite 2670
Chicago, IL 60606
Phone: (312) 967-7629
Email: jellis@ellislegal.com
CANNABIS & GLASS: Frank Seeks to Certify Settlement Class
---------------------------------------------------------
In the class action lawsuit captioned as ROBERTA FRANK, an
individual, and all others similarly situated, v. CANNABIS & GLASS,
LLC, a Washington limited liability company; NXNW Retail, LLC, a
Washington limited liability company; and TATE KAPPLE and his
marital community, Case No. 2:19-cv-00250-SAB (E.D. Wash.), the
Plaintiff asks the Court to enter an order:
1. certifying this matter as a class for settlement purposes;
2. preliminarily approving the Class Settlement;
3. appointing Postlethwaite & Netterville, APAC, ("P&N") as
Class Administrator and approving Notice to be sent to
members of the settlement class; and
4. setting a final fairness hearing pursuant to Fed. R. Civ.
P. 23.
For purposes of the settlement, the parties have agreed on the
following class definition:
"All persons residing in the State of Washington who received
one or more unsolicited commercial Text Messages transmitted
by or on behalf of C&G Defendants on or after June 22, 2015,
and through the date this class is certified by the Court."
Excluded from the Settlement Class are (1) Defendants, and
their immediate families (as applicable); (2) officers,
members, partners, managers, directors, and employees of
Defendants, and their respective immediate families; (3)
legal counsel for all parties in the Action, and their
immediate families; (4) the presiding Judge in the Action,
and any members of the Judge's staff and immediate family;
and (4) all persons who validly request exclusion from the
Settlement Class.
A copy of the Plaintiff's motion to certify class dated Dec. 16,
2021 is available from PacerMonitor.com at https://bit.ly/3Jobx7m
at no extra charge.[CC]
The Plaintiff is represented by:
Kirk D. Miller, Esq.
KIRK D. MILLER, PS
421 W. Riverside Avenue, Ste. 660
Spokane, WA 99201
Telephone: (509) 413-1494
E-mail: kmiller@millerlawspokane.com
- and -
Shayne J. Sutherland, Esq.
Brian G. Cameron, Esq.
Cameron Sutherland, PLLC
421 W. Riverside Avenue, Ste. 660
Spokane, WA 99201
Telephone: (509) 315-4507
E-mail: ssutherland@cameronsutherland.com
bcameron@cameronsutherland.com
CHASE DENNIS: Parties Seek to Vacate Class Cert. Deadlines
----------------------------------------------------------
In the class action lawsuit captioned as JULIE SAMORA and TIANA
BEARD, individually and on behalf of others similarly situated and
aggrieved, v. CHASE DENNIS EMERGENCY MEDICAL GROUP, INC., a
California corporation; TEAM HEALTH HOLDINGS, INC., a Delaware
corporation; and DOES 1 through 50, inclusive, Case No.
5:20-cv-02027-BLF (N.D. Cal.), the Plaintiffs and Defendants ask
the Court to enter an order vacating the opposition and reply
deadlines, and the hearing date on Plaintiff Samora's motion for
class certification.
Chase Dennis Emergency Medical Group Inc is a provider established
in Santa Rosa, California specializing in emergency medicine.
A copy of the Parties motion dated Dec. 16, 2021 is available from
PacerMonitor.com at https://bit.ly/3FzibVV at no extra charge.[CC]
The Plaintiffs are represented by:
Matthew J. Matern, Esq.
Joshua D. Boxer, Esq.
MATERN LAW GROUP, PC
1230 Rosecrans Avenue, Suite 200
Manhattan Beach, California 90266
Telephone: (310) 531-1900
Facsimile: (310) 531-1901
E-mail: mmatern@maternlawgroup.com
jboxer@maternlawgroup.com
- and -
Sara B. Tosdal, Esq.
MATERN LAW GROUP, PC
1330 Broadway, Suite 428
Oakland, California 94612
Telephone: (510) 227-3998
Facsimile: (310) 531-1901
E-mail: stosdal@maternlawgroup.com
The Defendants are represented by:
Jonathan L. Brophy, Esq.
Michael Afar, Esq.
Sofya Perelshteyn, Esq.
SEYFARTH SHAW LLP
2029 Century Park East, Suite 3500
Los Angeles, CA 90067-3021
Telephone: (310) 277-7200
Facsimile: (310) 201-5219
E-mail: jbrophy@seyfarth.com
mafar@seyfarth.com
sperelshteyn@seyfarth.com
CITATION OIL: Court Enters Agreed Class Cert. Scheduling Order
--------------------------------------------------------------
In the class action lawsuit captioned as E. LYLE JOHNSON REVOCABLE
TRUST, through trustee Everett Lyle Johnson, Jr., on behalf of
itself and all others similarly situated, v. CITATION OIL & GAS
CORP., Case No. 6:20-cv-00452-RAW (E.D. Okla.), the Court entered
an agreed class certification scheduling order as follows:
Event Proposed Schedule
-- Motions for leave to amend April 29, 2022
or add additional parties:
-- Documents previously produced June 30, 2022
by parties shall be deemed:
authenticated except as to
those objected to:
-- Class Certification Fact August 1, 2022
Discovery Cutoff:
-- Class Certification Motion August 1, 2022
filed with all supporting
evidence including Plaintiff's
expert disclosures:
-- Class Certification Response Sept. 30, 2022
filed with all supporting
evidence, including Defendant's
expert disclosures:
-- Class Certification Reply Nov. 14, 2022
filed with any rebuttal
evidence including
Plaintiff's rebuttal expert
disclosures, if any:
-- Class Certification Expert Nov. 14, 2022
Discovery Cutoff:
Citation Oil & Gas Corporation acquires and develops oil and gas
properties. The Company produces and markets crude oil.
A copy of the Court's order dated Dec. 15, 2021 is available from
PacerMonitor.com at https://bit.ly/3pxNhYw at no extra charge.[CC]
CRST INTERNATIONAL: Cervantes Suit Seeks to Certify Class Action
----------------------------------------------------------------
In the class action lawsuit captioned as ANTHONY CERVANTES and MIKE
CROSS, on behalf of themselves and all others similarly situated,
v. CRST INTERNATIONAL, INC. and CRST EXPEDITED, INC., Case No.
1:20-cv-00075-CJW-KEM (N.D. Iowa), the Plaintiffs ask the Court to
enter an order certifying Plaintiffs' Non-Fair Labor Standards Act
(FLSA) causes of action as Fed. R. Civ. P. 23(b)(3) class actions
on behalf of the following class:
"All Lease Operators who drove for CRST Expedited Inc. as a
Team Driver, Lead Driver, or Solo Driver pursuant to an
Equipment Lease to lease a truck from CRST Lincoln Sales,
Inc. and an Independent Contractor Operating Agreement
("ICOAs") with CRST Expedited, Inc. and who have not leased
more than one truck at a time to CRST during the applicable
limitations period, subject to any equitable tolling and
equitable estoppel."
CRST provides transportation services.
A copy of the Plaintiffs' motion to certify class dated Dec. 15,
2021 is available from PacerMonitor.com at https://bit.ly/3qABWGu
at no extra charge.[CC]
The Plaintiffs are represented by:
Michael J.D. Sweeney, Esq.
Meagan M. Rafferty, Esq
Rebecca King, Esq
GETMAN, SWEENEY & DUNN, PLLC
260 Fair Street
Kingston, NY 12401
Telephone: (845) 255-9370
Facsimile: (845) 255-8649
E-mail: msweeney@getmansweeney.com
- and -
Susan Martin, Esq.
Dan Bonnett, Esq.
Jennifer Kroll, Esq.
MARTIN & BONNETT, P.L.L.C.
4647 N. 32nd St., Suite 185
Phoenix, AZ 85018
Telephone: (602) 240-6900
Facsimile: (602) 240-2345
E-mail: smartin@martinbonnett.com
dbonnett@martinbonnett.com
jkroll@martinbonnett.com
- and -
Edward Tuddenham, Esq.
23 Rue Du Laos
Paris, France
Telephone: 33 684 79 8930
E-mail: etudden@prismnet.com
CVS PHARMACY: Court Junks Piescik Amended Complaint with Prejudice
------------------------------------------------------------------
In the class action lawsuit captioned as CHRISTIAN PIESCIK, on
behalf of himself and those similarly situated, v. CVS PHARMACY,
INC., Case No. 9:21-cv-81298-DMM (S.D. Fla.), the Hon. Judge Donald
M. Middlebrooks entered an order that:
1. The Defendant's Motion to Dismiss is granted.
2. The Amended Complaint is dismissed with prejudice.
3. The Clerk of Court shall close the case and deny all
pending motions as moot.
Judge Middlebrooks said, "On a final note, the Plaintiff requests
that, should I grant Defendant's Motion to Dismiss, I grant him
leave to amend. While Federal Rule of Civil Procedure 15(a) directs
that leave to amend shall be freely given "when justice so
requires," a district court need not allow amendment "where
amendment would be futile." The Plaintiffs Amended Complaint
contained no allegation sufficient to suggest that a reasonable
consumer would be misled by Defendant's hand sanitizer label, and
Plaintiff has offered no basis for the Court to believe that he
could offer allegations to make such a claim plausible on its face.
Therefore, I conclude that granting leave to amend would be
futile."
The Plaintiff alleges that the Defendant's hand sanitizer label is
deceptive because a reasonable consumer would read the label and
believe that the hand sanitizer would "kill 99 .99% of all known
germs," despite the asterisk and label on the back of the product
stating that it is "effective at eliminating 99.99% of many common
harmful germs and bacteria in as little as 15 seconds." The
Defendant responds that Plaintiff's belief is objectively
unreasonable based on common knowledge about how hand sanitizer
works, as well as the disclosure on the label on the back of the
hand sanitizer, Judge Middlebrooks adds.
CVS Pharmacy is an American retail corporation. A subsidiary of CVS
Health, it is headquartered in Woonsocket, Rhode Island.
A copy of the Court's order dated Dec. 15, 2021 is available from
PacerMonitor.com at https://bit.ly/3erjWZi at no extra charge.[CC]
DELTA AIR LINES: Toledo Files Suit in Cal. Super. Ct.
-----------------------------------------------------
A class action lawsuit has been filed against Delta Air Lines,
Inc., et al. The case is styled as Marvin Toledo, on behalf of
himself and all others similarly situated and the general public v.
Delta Air Lines, Inc., Does 1 through 50, inclusive, Case No.
CGC21596940 (Cal. Super. Ct., San Francisco Cty., Dec. 3, 2021).
The case type is stated as "Other Non-Exempt Complaints."
Delta Air Lines, Inc., typically referred to as Delta --
https://www.delta.com/ -- is one of the major airlines of the
United States and a legacy carrier.[BN]
The Plaintiff is represented by:
Shaun Setareh, Esq.
SETAREH LAW GROUP
9665 Wilshire Blvd., Ste. 430
Beverly Hills, CA 90212-2446
Phone: 310-888-7771
Fax: 310-888-0109
Email: shaun@setarehlaw.com
DRUMMOND COMPANY: Class Cert Response Filing Extended in Jerue
--------------------------------------------------------------
In the class action lawsuit captioned as Jerue v. Drummond Company,
Inc., Case No. 8:17-cv-00587 (M.D. FLa.), the Hon. Judge Anthony E.
Porcelli entered an endorsed order granting motion for extension of
time to file response / reply in opposition to motion for class
certification.
Responses due are on or before Jan. 10. 2022.
The nature of suit states real property -- all other real
property.
Drummond Company is a privately owned company based in Birmingham,
Alabama, United States, involved in the mining and processing of
coal and coal products as well as oil and real estate.[CC]
FOGO DE CHAO: Class Cert Response/Reply Extended in FLSA Suit
-------------------------------------------------------------
In the class action lawsuit captioned as CHRISTIAN GARCIA-ALVAREZ,
on behalf of himself and those similarly situated, v. FOGO DE CHAO
CHURRASCARIA (PITTSBURGH) LLC, a foreign limited liability company,
et al., Case No. 4:21-cv-00124-ALM (E.D. Tex.), the Hon. Judge Amos
L. Mazzant entered an order granting the Parties' joint motion to
extend deadlines for the Defendants' response and Plaintiff's reply
regarding Plaintiff's motion for conditional certification of a
Fair Labor Standards Act (FLSA) Collective Action.
The Defendants shall have until and including January 5, 2022, to
file their Response to Plaintiff's Motion for Conditional
Certification of an FLSA Action and Plaintiff shall have until and
including January 19, 2022, to file their Reply thereto, Judge
Mazzant says.
A copy of the Court's order dated Dec. 15, 2021 is available from
PacerMonitor.com at https://bit.ly/3JfK87k at no extra charge.[CC]
HARTZ MOUNTAIN: Dog Owners Dispute "No Leaks" Label on Dog Diaper
-----------------------------------------------------------------
Sonja Benjamin and Jessica McClain, individually and on behalf of
all others similarly situated, Plaintiff, v. The Hartz Mountain
Corporation, Defendant, Case No. 21-cv-50473 (N.D. Ill., December
17, 2021), seeks to recover actual damages, statutory damages,
attorney fees and costs for breaches of express warranty, and
implied warranty of merchantability under the Illinois Consumer
Fraud Act and the Magnuson Moss Warranty Act.
The Hartz Mountain Corporation manufactures, labels, markets, and
sells training pads for dogs to assist with housetraining under the
Hartz Home Protection brand. Its relevant front label indicates
"WON'T LEAK. WON'T SPREAD." Plaintiffs claim that they indeed leak
when used by dogs to relieve themselves under normal and not
excessive usage. [BN]
Plaintiff is represented by:
Spencer Sheehan, Esq.
SHEEHAN & ASSOCIATES, P.C.
60 Cutter Mill Rd., Ste. 409
Great Neck, NY 11021-3104
Tel: (516) 268-7080
Fax: (516) 234-7800
Email: spencer@spencersheehan.com
HOWARD BANK: Time Extension to File Response OK'd in Brasko
-----------------------------------------------------------
In the class action lawsuit captioned as Brasko, et al., v. Howard
Bank, Case No. 1:20-cv-03489 (D. Md.), the Hon. Judge Stephanie A.
Gallagher entered an order granting motion for extension of time to
file response/reply.
The suit alleges violation of the Real Estate Settlement
Procedures Act of 1974 (RESPA) involving kickbacks/unearned
fees.[CC]
INSPIRATION POINT: Orisma Sues Over Neglect of Responsibility
-------------------------------------------------------------
Ann Marie Orisma and Maria de las Mercedes Saul, individually and
as the named representatives for others similarly situated v.
INSPIRATION POINT CONDOMINIUM ASSOCIATION, INC., a Florida
corporation, DAVID SHOSHAN, an individual, FREDERIC SHOSAH, an
individual, YAHIA AZOULAY, an individual, and AFFINITY MANAGEMENT
SERVICES, LLC, a Florida limited liability corporation, Case No.
139659861 (Fla. 11th Judicial Ct., Miami-Dade Cty., Dec. 3, 2021),
is brought against the Defendant scheme of self-dealing, abdication
and abandonment and/or neglect of their responsibility,
embezzlement, extortion, conversion and a conspiracy to perpetrate
their plot, the Defendants have, in effect, forced the closing of
the property by rendering and/or leaving it uninhabitable and, in
effect, evicted, ejected and displaced the Plaintiffs and/or their
tenants, residing therein, in the hopes of forcing a sale to them
or their related entities or other nefarious intentions.
Inspiration Point Condominiums was constructed in 1968 and is
located at 12955 NE 6th Avenue, north Miami, Florida 33161 (the
"Property"). The Property has been managed and operated by the
Association since at least 2005. On September 10, 2017, the
Property suffered a water and wind related damage as a result of
Hurricane Irma. In connection with that damage, the Association
filed a claim with its insurance provider Avatar Property &
Casualty Insurance Company ("Avitar") under Policy No.
COM2016000663. Following the filing of a lawsuit by the Association
against Avitar, in February, 2021, the Association unilaterally
settled and Avitar paid the Association for the damage to the
Property's roof.
In the interim--and since then--no meetings, correspondence or
disclosure to the Plaintiffs of the developments. To the best of
Plaintiffs knowledge, the funds were converted by Defendant as no
repair, or attempt to repairs evident, to date, to the Property and
none of the Defendants have reported to or updated the unit owners,
who are entitled to being made aware, as victims and indemnitees,
on the status of their property.
On June 6, 2018, the building suffered severe damage as the result
of a determined arson. In connection with the fire, the
Association, on information and belief, filed a claim with its
insurance provider and recover funds to repair the Property from
the damage caused by the fire. Again, no meetings, correspondence
or disclosure to the Plaintiffs of the developments and, to the
best of Plaintiffs' knowledge Insurance indemnification funds paid
to or received were converted by Defendants as no repair or attempt
to repair the Property is evident, to date, to the Property and
none of the Defendants have reported to or updated the unit owners,
who are entitled to being made aware, as victims and indemnitees,
on the status of their property.
The funds obtained by the Association from Avitar were converted
and deposited into a different account controlled by Mr. Shoshan
and were never used to repair the Property. Alternatively, the
Plaintiffs suspect that the insurance funds are being used to
buyout units owners who have fallen victim to Defendants' plat and
scheme. In addition to billing and collecting monthly assessment
fees from Plaintiffs and others similarly situated, at a July 5,
2018 purported meeting of the Association's Board, led by Mr.
Shoshan, the Association ostensibly passed a $250,000.00 special
fire assessment purportedly to repair the Property from that
damaged caused by the fire, the preceding month. Additionally, and
during the closure of the Property, the Association Mr. Shosan,
who, on information and belief controls Defendant, Affinity--and
which shares the same office address as Mr. Shoshan--began
insisting that Plaintiffs make payments to Affinity of their
Association dues and arbitrarily required large assessment payment
to be current.
In addition to having to relocate tenants, refund deposits and be
deprived of a revenue stream from renting their units during the
Property's closure, the Plaintiffs have and will continue to suffer
more damages from mold and other damages in their unit that would
require incurring significant expenses to repair to make their
units habitable, says the complaint.
The Plaintiffs are owners of real properties in the form of a
condominium unit located in Miami-Dade County, Florida.
The Defendant, the Association is a condominium association wherein
and a Florida corporation with its principal place of business
located in Miami-Dade County, Florida.[BN]
The Plaintiffs are represented by:
J. Will Morris, Esq.
MORRIS LEGAL, LLC
2800 Biscayne Boulevard, Suite 530
Miami, FL 33137
Phone: (305) 444-3437
Fax: (305) 444-3457
KROGER CO: Filing of Class Status Bid Extended to Feb. 28, 2022
---------------------------------------------------------------
In the class action lawsuit captioned as Solano, et al., v. The
Kroger Co., Case No. 3:18-cv-01488 (D. Or.), the Hon. Judge John V.
Acosta entered an order granting motion for extension of time as
follows:
1. Class Certification Fact Discovery is to be completed by
Feb. 23, 2022;
2. Motion for Class Certification is to be filed by Feb. 28,
2022; and
3. All other remaining deadlines and provisions under the
Court's September 14, 2021, Second Amended Scheduling
Order shall remain in place.
The nature of suit states other statutory actions.
Kroger is an American retail company founded by Bernard Kroger in
1883 in Cincinnati, Ohio.[CC]
LYFT INC: Castaneda Hits Misclassification, Seeks Proper Wages
--------------------------------------------------------------
Carlos Castaneda, and all others similarly situated, Plaintiffs, v.
Lyft Inc., Defendant, Case No. 21-cv-20557, (D. N.J., December 16,
2021), seeks statutory damages and any other available legal or
equitable remedies for violations of the Fair Labor Standards Act,
New Jersey Wage and Hour Law and the New Jersey Wage Payment Law.
Lyft is a car service that can be hailed and dispatched through a
mobile phone application to transport riders. Castaneda, is a Lyft
driver who claims to be misclassified as an independent contractor,
thus denied minimum wages for all hours worked and overtime
premiums for hours worked in excess of 40 hours per week. He was
also required to pay business expenses including but not limited to
the cost of maintaining his vehicle, gas, insurance, phone and data
expenses and other costs. [BN]
The Plaintiff is represented by:
Justin L. Swidler, Esq.
Matthew D. Miller, Esq.
SWARTZ SWIDLER, LLC
1101 Kings Highway N, Ste. 402
Cherry Hill, NJ 08034
Telephone: (856) 685-7420
E-mail: jswidler@swartz-legal.com
mmiller@swartz-legal.com
MANKIN LAW: Layne Files FDCPA Suit in M.D. Florida
--------------------------------------------------
A class action lawsuit has been filed against Mankin Law Group,
P.A. The case is styled as Douglas A. Denning, on behalf of himself
and others similarly situated v. Mankin Law Group, P.A., Case No.
8:21-cv-02822-MSS-TGW (M.D. Fla., Dec. 3, 2021).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
Mankin Law Group -- https://mankinlawgroup.com/ -- provides legal
representation to Homeowner and Condominium Associations in the
collection of delinquent assessments.[BN]
The Plaintiff is represented by:
Jesse S. Johnson, Esq.
James L. Davidson, Esq.
GREENWALD DAVIDSON RADBIL PLLC
7601 N. Federal Highway, Suite A-230
Boca Raton, FL 33487
Phone: (561) 826-5477
Fax: (561) 961-5684
Email: jjohnson@gdrlawfirm.com
jdavidson@gdrlawfirm.com
MDL 2738: Talcum Product Liability Row Transferred to D. N.J.
-------------------------------------------------------------
In the product liability litigation over Johnson & Johnson's talcum
powder, Judge Karen K. Caldwell, Chairperson of the U.S. Judicial
Panel on Multidistrict Litigation transfers Williams v. Johnson &
Johnson, et. al. (Case No. 5:21−03058, D. S.C.) to the District
of New Jersey and, with the consent of that court, assigned it to
Judge Freda L. Wolfson for coordinated or consolidated pretrial
proceedings.
The original complaint involves allegations that Johnson &
Johnson's talcum powder products (namely, Johnson's Baby Powder and
Shower to Shower body powder) cause ovarian cancer following
perineal application.
Williams moves to vacate the order that conditionally transferred
her case to the District of New Jersey for inclusion in MDL No.
2738. In support of her motion to vacate, plaintiff argues that
federal subject matter jurisdiction over said case is lacking and
that her pending motion for remand to state court should be decided
before transfer. Johnson & Johnson opposes the motion.
The panel has held that such jurisdictional objections generally do
not present an impediment to transfer and that plaintiffs can
present their remand arguments to the transferee court. It also
states that said action involves common questions of fact with the
actions transferred to MDL No. 2738 and that transfer will serve
the convenience of the parties and witnesses and promote the just
and efficient conduct of this litigation.
A full-text copy of the Court's December 3, 2021 Transfer Order is
available at https://bit.ly/3Er6X4z
MDL 3004: Paraquat Products Liability Row Transferred to S.D. Ill.
------------------------------------------------------------------
In 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 Parker v. Syngenta
Crop Protection (Case No. 9:21-cv-81791) to the Southern District
of Illinois and assigning them to Judge Nancy J. Rosenstengel for
coordinated or consolidated pretrial proceedings.
In said complaint, Plaintiff alleges that her husband's use of
paraquat caused him to develop 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.
Plaintiffs move to vacate the conditional transfer order by arguing
principally that federal jurisdiction is lacking over their case.
The panel contends that such jurisdictional objections generally do
not present an impediment to transfer and can be presented to the
transferee and 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 December 9, 2021 Transfer Order is
available at https://bit.ly/3H2VCZT
MITSUBISHI MOTORS: Hardy Files Suit in C.D. California
------------------------------------------------------
A class action lawsuit has been filed against Mitsubishi Motors
North America, Inc., et al. The case is styled as Ryan Hardy, Troy
Lucassian, Todd Brown, individually, and on behalf of a class of
similarly situated individuals v. Mitsubishi Motors North America,
Inc., a California corporation; Mitsubishi Motors Corporation, a
Japanese corporation; Case No. 8:21-cv-01983-CJC-KES (C.D. Cal.,
Dec. 3, 2021).
The nature of suit is stated as Other Fraud.
Mitsubishi Motors North America, Inc. --
http://www.mitsubishicars.com/-- is the North American operation
of Mitsubishi Motors Corporation, overseeing sales, manufacturing
and research and development functions.[BN]
The Plaintiff is represented by:
Tarek H. Zohdy, Esq.
Cody R. Padgett, Esq.
Laura Ellen Goolsby, Esq.
CAPSTONE LAW APC
1875 Century Park E., Ste. 1000
Los Angeles, CA 90067-2533
Phone: (310) 556-4811
Fax: (310) 943-0396
Email: tarek.zohdy@capstonelawyers.com
cody.padgett@capstonelawyers.com
laura.goolsby@capstonelawyers.com
MY IMPORTS USA: Goldstein Files Suit in S.D. New York
-----------------------------------------------------
A class action lawsuit has been filed against My Imports USA LLC.
The case is styled as Eric Goldstein, on behalf of himself and all
others similarly situated v. My Imports USA LLC, Case No.
7:21-cv-10322-CS (S.D.N.Y., Dec. 3, 2021).
The nature of suit is stated as Other Fraud.
MY Imports -- https://myproducts99.com/ -- is one of the fastest
growing manufacturer and distributor of branded and private label
goods on the East Coast.[BN]
The Plaintiff is represented by:
Max Stuart Roberts, Esq.
Andrew Obergfell, Esq.
BURSOR & FISHER, P.A.
888 Seventh Avenue
New York, NY 10019
Phone: (646) 837-7408
Fax: (212) 989-9163
Email: mroberts@bursor.com
aobergfell@bursor.com
OCCIDENTAL PETROLEUM: Ct. Fixes Amended Case Sched in Black Suit
----------------------------------------------------------------
In the class action lawsuit captioned as Black, et al., v.
Occidental Petroleum Corporation, et al., Case No.
2:19-cv-00243-NDF (D. Wyo.), the Hon. Judge Nancy D. Freudenthal
entered an order setting amended case schedule as follows:
-- Motions filing deadline: April 18, 2022
-- Motion response deadline: May 2, 2022
-- Dispositive Motions Hearing set for: May 2, 2022
-- Expert Witness Designation-Defendant Dec. 20, 2021
deadline:
-- Class Certification Motion deadline: Jan. 25, 2022
-- Class Certification Response Feb. 28, 2022
deadline:
-- Class Certification Hearing set for: May 29, 2022
-- Final Pretrial Conference set for: Sept. 6, 2022
-- Jury Trial (4 weeks) set for: Oct. 11, 2022
Occidental Petroleum is an American company engaged in hydrocarbon
exploration in the United States, the Middle East, and Colombia as
well as petrochemical manufacturing in the United States, Canada,
and Chile.
A copy of the Court's order dated Dec. 15, 2021 is available from
PacerMonitor.com at https://bit.ly/3ExELwO at no extra charge.[CC]
OWENS-BROCKWAY: Aguilar Suit Removed to C.D. California
-------------------------------------------------------
The case styled as Priscilla Aguilar, Julian Haro, Juan Madera,
Richard Nunez, on behalf of themselves and all others similarly
situated v. Owens-Brockway Glass Container, Inc., Does 1-50,
inclusive, Case No. 21STCV33017, was removed from the Superior
Court, County of Los Angeles, to the U.S. District Court for the
Central District of California on Dec. 3, 2021.
The District Court Clerk assigned Case No. 2:21-cv-09403-FLA-AFM to
the proceeding.
The nature of suit is stated as Other Labor for Employment
Discrimination.
Alpargatas USA, Inc. doing business as Havaianas --
https://us.havaianas.com/ -- operates as an online footwear
retailer.[BN]
The Plaintiffs are represented by:
Christina M. Lucio, Esq.
James R. Hawkins, Esq.
JAMES HAWKINS APLC
9880 Research Drive Suite 200
Irvine, CA 92618
Phone: (949) 387-7200
Fax: (949) 387-6776
Email: christina@jameshawkinsaplc.com
james@jameshawkinsaplc.com
The Defendants is represented by:
Candace Sheri Bertoldi, Esq.
SEYFARTH SHAW LLP
601 South Figueroa Street Suite 3300
Los Angeles, CA 90017
Phone: (213) 270-9600
Fax: (212) 270-9601
Email: cbertoldi@seyfarth.com
- and -
Nolan Richard Theurer, Esq.
Elizabeth J MacGregor, Esq.
SEYFARTH SHAW LLP
560 Mission Street 31st Floor
San Francisco, CA 94105
Phone: (415) 397-2823
Fax: (415) 397-8549
Email: ntheurer@seyfarth.com
emacgregor@seyfarth.com
PACIFIC COAST: Evergreen Wins Bid to Halt Dissolution of Trust
--------------------------------------------------------------
Pacific Coast Oil Trust disclosed in its Current Report on Form
8-K, filed with the Securities and Exchange Commission on December
23, 2021, that Evergreen Capital Management LLC filed an Amended
Class Action and Shareholder Derivative Complaint alleging a
derivative action on behalf of the Trust and against Pacific Coast
Energy Company, LP (PCEC), a trustee of Pacific Coast Oil Trust, in
the Superior Court of the State of California for the County of Los
Angeles. The Amended Complaint was filed December 8.
On December 10, 2021, Evergreen filed a motion for a preliminary
injunction, seeking to enjoin the Trustee from dissolving the
Trust, enjoining PCEC from dissolving the Trust, directing PCEC to
account for all monies withheld from the Trust on the basis of
estimated asset retirement obligations costs since September 2019,
and directing PCEC to place such monies in escrow.
Also on December 10, 2021, Evergreen filed a motion for a temporary
restraining order, seeking to enjoin the dissolution of the Trust,
enjoining the Trustee from taking any action toward the dissolution
of the Trust and enjoining PCEC from taking any action toward the
dissolution of the Trust.
On December 16, 2021, the Court granted Evergreen's application for
a temporary restraining order, which will remain in effect until
the Court either grants or denies Evergreen's motion for a
preliminary injunction or until further order of the Court.
Accordingly, the Trust will not dissolve at the end of 2021 and
commence the process of selling its assets and winding up its
affairs, and any dissolution of the Trust will not occur until
after the Court's ruling following the hearing on Evergreen’s
motion for a preliminary injunction, which is scheduled for
February 14, 2022.
Pacific Coast Oil Trust is a Delaware statutory trust formed by
Pacific Coast Energy Company, LP to acquire and hold net profits
and royalty interests in certain oil and natural gas properties in
the Santa Maria Basin and the Los Angeles Basin.
PRATT & WHITNEY: Balicoco Hits Employee Non-Poaching Policy
-----------------------------------------------------------
John Balicoco, individually and on behalf of all others similarly
situated, Plaintiff, v. Pratt & Whitney, Quest Global Services-Na,
Inc., Belcan, LLC, Cyient, Inc., Parametric Solutions, Inc. and
Agilis Engineering, Inc., Defendants, Case No. 21-cv-01673 (D.
Conn., December 16, 2021), seeks damages and injunctive relief for
unlawful restraint of competition in the market for the services of
skilled professionals in violation of Section 1 of the Sherman
Act.
Pratt & Whitney, a subsidiary of Raytheon Technologies, is one of
the largest aerospace engine design, manufacture and service
companies in the United States. Quest Global Services-NA, Inc.,
Belcan, LLC, Cyient, Inc., Parametric Solutions, Inc. and Agilis,
Engineering Inc. are outsource engineering supply companies whose
employees performed work for Pratt & Whitney on a project basis.
Balicoco was employed as a Mechanical Design Engineer by Agilis
from July 2018 to September 2020 in San Diego, California. As part
of his employment at Agilis, Balicoco worked on projects for Pratt
& Whitney. Balicoco alleges that Defendants agreed not to recruit
each other's engineers and other skilled workers in the aerospace
engineering industry. [BN]
Plaintiff is represented by:
Brian P. Daniels, Esq.
Michael T. Cretella, Esq.
BRENNER, SALTZMAN & WALLMAN LLP
271 Whitney Avenue
New Haven, CT 06511
Telephone: (203) 772-2600
Facsimile: (203) 562-2098
Email: bpdaniels@bswlaw.com
mcretella@bswlaw.com
- and -
Daniel A. Small, Esq.
Brent W. Johnson, Esq.
Emmy L. Levens, Esq.
Jessica Weiner, Esq.
COHEN MILSTEIN SELLERS & TOLL PLLC
1100 New York Ave. NW, Suite 500
Washington, DC 20005
Telephone: (202) 408-4600
Facsimile: (202) 408-4699
Email: dsmall@cohenmilstein.com
bjohnson@cohenmilstein.com
elevens@cohenmilstein.com
jweiner@cohenmilstein.com
- and -
Shana E. Scarlett, Esq.
Benjamin Siegel, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
715 Hearst Avenue, Suite 202
Berkeley, CA 94710
Telephone: (510) 725-3000
Facsimile: (510) 725-3001
Email: shanas@hbsslaw.com
bens@hbsslaw.com
- and -
Steve W. Berman, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
1301 Second Ave, Suite 2000
Seattle, WA 98101
Telephone: (206) 623-7292
Facsimile: (206) 623-0594
Email: steve@hbsslaw.com
- and -
Marc M. Seltzer, Esq.
Steven Sklaver, Esq.
SUSMAN GODFREY L.L.P.
1900 Avenue of the Stars, Suite 1400
Los Angeles, CA 90067
Phone: (310) 789-3100
Email: mseltzer@susmangodfrey.com
ssklaver@susmangodfrey.com
- and -
Matthew R. Berry, Esq.
Ian Gore, Esq.
Susman Godfrey LLP
1201 Third Avenue, Suite 3800
Seattle, WA 98101-3000
Telephone: (206) 516-3880
Facsimile: (206) 516-3883
Email: mberry@susmangodfrey.com
igore@susmangodfrey.com
PROCTER & GAMBLE: Bernsee Slams Benzene in Antiperspirants
----------------------------------------------------------
Norma Bernsee, Abby Nelson, and Shirley Thiele, individually and on
behalf of all others similarly situated, Plaintiff, v. The Procter
& Gamble Company, Defendant, Case No. 21-cv-06725 (N.D. Ill.,
December 17, 2021), seeks to recover actual damages, statutory
damages, attorney fees and costs for breaches of express warranty,
and implied warranty of merchantability the under the Illinois
Consumer Fraud Act and the Magnuson Moss Warranty Act.
Procter & Gamble formulated, designed, manufactured, marketed,
advertised, distributed "Secret" branded spray antiperspirants.
Plaintiffs claim that they contain benzene, a known carcinogen.
[BN]
Plaintiff is represented by:
Spencer Sheehan, Esq.
SHEEHAN & ASSOCIATES, P.C.
60 Cutter Mill Rd., Ste. 409
Great Neck, NY 11021-3104
Tel: (516) 268-7080
Fax: (516) 234-7800
Email: spencer@spencersheehan.com
PROFESSIONAL RADIOLOGY: Initial OK of Settlement in Jackson Sought
------------------------------------------------------------------
In the class action lawsuit captioned as BARBARA JACKSON v.
PROFESSIONAL RADIOLOGY, INC., et al., Case No. 1:15-cv-00587-MRB
(S.D. Ohio), the Parties jointly move the Court to enter an Order:
1. preliminarily approving the Settlement Agreement;
2. certifying the tentative settlement class; and
3. appointing lead class counsel.
Pursuant to Fed. R. Civ. P. 23(b)(2), the Settlement provides the
certification, for settlement purposes only, of the following
Settlement Class:
"All individuals who are enrollees, subscribers, insureds,
and/or beneficiaries of health insurance or a health
insurance corporation from whom PRI and/or M.D. Business
Solutions (MDB), along with their agents, servants, benefits
coordinators, and/or employees, sought payment."
On September 11, 2015, the Plaintiff filed a class action complaint
against the Defendants and Controlled Credit Corporation (which was
subsequently dismissed as a party-defendant), alleging that the
Defendants refused to submit claims for health care services to
health insuring corporations as required by Ohio Rev. Code section
1751.60.
Specifically, the Plaintiff alleges she was injured in a motor
vehicle accident on April 7, 2014 and was taken to University
Hospital West Chester where she received medical services from
defendant, Professional Radiology, Inc. The Plaintiff claims she
incurred $1,066.00 in medical bills from PRI for which she
allegedly was billed by MDB, an entity whom Plaintiff asserts was
responsible for PRI's invoicing process.
The Plaintiff further asserts that when she did not pay for the
services rendered by PRI, her account was referred to a collection
agency, Controlled Credit Corporation ("CCC"). She claims to have
negotiated with CCC for a reduction of the total amount owed to
$852.00, which she then paid. (Id. at ¶¶ 21-22). In her
Complaint, Plaintiff asserted claims for breach of contract;
violations of the Ohio Consumer Sales Practices Act; violations of
the Fair Debt Collection Practices Act; fraud; conversion; unjust
enrichment; punitive damages; and breach of third-party beneficiary
contract.
A copy of Parties' motion dated Dec. 15, 2021 is available from
PacerMonitor.com at https://bit.ly/314ag3Z at no extra charge.[CC]
The Plaintiff is represented by:
Gary F. Franke, Esq.
Michael D. O'Neill, Esq.
Gary F. Franke Co., L.P.A.
120 East Fourth St., Suite 1040
Cincinnati, OH 45202
- and -
C. David Ewing, Esq.
EWING & WILLIS
6009 Brownsboro Park Blvd., Suite B
Louisville, KY 40207
The Defendants are represented by:
Stephen A. Weigand, Esq.
Jason W. Palmer, Esq.
FARUKI PLL
201 East Fifth Street, Suite 1420
Cincinnati, OH 45202
Telephone: (513) 632-0306
Facsimile: (513) 632-0319
E-mail: sweigand@ficlaw.com
jpalmer@ficlaw.com
PTT LLC: Wilson Files Suit in N.D. California
---------------------------------------------
A class action lawsuit has been filed against PTT, LLC. The case is
styled as Sean Wilson, individually and on behalf of all others
similarly situated v. PTT, LLC doing business as: High 5 Games,
LLC, a Delaware limited liability company, Defendant; Meta
Platforms, Inc., Respondent, Case No. 5:21-mc-80284-NC (N.D. Cal.,
Dec. 3, 2021).
The nature of suit is stated as Other Statutory Actions for Civil
Miscellaneous Case.
High 5 Games -- https://www.high5games.com/ -- is the industry's
largest independent casino games provider.[BN]
The Plaintiff is represented by:
Brandt Silver-Korn, Esq.
Rafey Sarkis Balabanian, Esq.
Todd M. Logan, Esq.
EDELSON PC
150 California Street, 18th Floor
San Francisco, CA 94111
Phone: (415) 212-9300
Email: lhough@edelson.com
The Respondent is represented by:
Christopher Chorba
GIBSON, DUNN & CRUTCHER LLP
333 South Grand Avenue
Los Angeles, CA 90071-3197
Phone: (213) 229-7000
Fax: (213) 229-7520
Email: cchorba@gibsondunn.com
QUEENS VILLAGE: Court Certifies Class in Davis Suit
---------------------------------------------------
In the class action lawsuit captioned as Djuana Davis, et al., v.
Queens Village Committee for Mental Health for Jamaica Community
Adolescent Program, Inc., et al., Case No. 1:19-cv-03353
(E.D.N.Y.), the Hon. Judge Robert M Levy entered an order:
1. granting motion to certify class;
2. approving settlement;
3. appointing Class Representatives and Class Counsel;
4. preliminarily approving the combined class action
settlement agreement; and
5. authorizing appropriate notices to be sent to the Class.
The suit alleges violation of the Employee Retirement Income
Security Act involving breach of fiduciary duties.[CC]
QUEST GLOBAL: Chapman Hits Employee Non-Poaching Policy
-------------------------------------------------------
Elisha Chapman, individually and on behalf of all others similarly
situated, Plaintiff, v. Quest Global Services-Na, Inc., Belcan,
LLC, Cyient, Inc., Parametric Solutions, Inc. and Agilis
Engineering, Inc. and Raytheon Technologies-Pratt & Whitney,
Defendants, Case No. 21-cv-01681 (D. Conn., December 17, 2021),
seeks damages and injunctive relief for unlawful restraint of
competition in the market for the services of skilled professionals
in violation of Section 1 of the Sherman Act.
Pratt & Whitney, a subsidiary of Raytheon Technologies, is one of
the largest aerospace engine design, manufacture and service
companies in the United States. Quest Global Services-NA, Inc.,
Belcan, LLC, Cyient, Inc., Parametric Solutions, Inc. and Agilis,
Engineering Inc. are outsource engineering supply companies whose
employees performed work for Pratt & Whitney on a project basis.
Elisha Chapman was employed as an Engineering Intern and Project
Engineer for Belcan in Florida. As part of her employment at
Belcan, Chapman worked on projects for Pratt & Whitney. She alleges
that Defendants agreed not to recruit each other's engineers and
other skilled workers in the aerospace engineering industry. [BN]
Plaintiff is represented by:
Erin Green Comite, Esq.
Michael P. Srodoski, Esq.
SCOTT+SCOTT ATTORNEYS AT LAW LLP
156 South Main Street
P.O. Box 192
Colchester, CT 06415
Tel: (860) 537-5537
Fax: (860) 537-4432
Email: ecomite@scott-scott.com
msrodoski@scott-scott.com
- and -
Walter W. Noss, Esq.
SCOTT+SCOTT ATTORNEYS AT LAW LLP
600 W. Broadway, Suite 3300
San Diego, CA 92101
Tel: (619) 233-4565
Fax: (619) 233-0508
Email: wnoss@scott-scott.com
- and -
Linda P. Nussbaum, Esq.
NUSSBAUM LAW GROUP, P.C.
1211 Avenue of the Americas, 40th Floor
New York, NY 10036
Tel.: (917) 438-9189
Email: lnussbaum@nussbaumpc.com
- and -
Roberta D. Liebenberg, Esq.
Gerard A. Dever, Esq.
Jessica Khan, Esq.
FINE KAPLAN AND BLACK, R.P.C.
One South Broad St., 23rd Floor
Philadelphia, PA 19107
Tel.: (215) 567-6565
Email: rliebenberg@finekaplan.com
gdever@finekaplan.com
jkhan@finekaplan.com
ROCHA CORP: Cicotte Sues to Recover Unpaid Overtime
---------------------------------------------------
Brittney Cicotte, individually and on behalf of all others
similarly situated, Plaintiff, v. Rocha Corporation and Jonathan
Tunis, Defendant, Case No. 0:21-cv-62515, (S.D. Fla., December 16,
2021), seeks to recover unpaid overtime compensation and other
relief under the Fair Labor Standards Act.
Defendants operate a hair salon in Fort Lauderdale, Broward County,
Florida where Cicotte worked as a hair stylist. She regularly
worked in excess of 40 hours during one or more workweeks without
being properly paid overtime for those hours worked over 40 in a
work-week. [BN]
Plaintiff is represented by:
Charles M. Eiss, Esq.
LAW OFFICES OF CHARLES EISS, P.L.
7951 SW 6th Street, Suite 112
Plantation, FL 33324
Tel: (954) 914-7890
Fax: (855) 423-5298
Email: chuck@icelawfirm.com
shanna@icelawfirm.com
SEBA ABODE: Wofford, Sears Seek to Certify Classes of Employees
---------------------------------------------------------------
In the class action lawsuit captioned as KWEILIN WOFFORD, TARA
SEARS, and NICKI ODELL, individually and on behalf of others
similarly situated, v. SEBA ABODE, INC., D/B/A BRIGHTSTAR CARE and
UDAY ROY, Case No. 2:20-cv-00084-RJC (W.D. Pa.), the Plaintiffs
Wofford and Sears ask the Court to enter an order:
1. certifying the following proposed PMWA Class with respect
to their claims under the PMWA, 43 P.S. section 333.104(c)
asserted in Count II of the Second Amended Complaint, as
follows:
"All present and former non-exempt employees of Seba
Abode, Inc. who were paid a reduced hourly rate as a
result of working over 40 hours per workweek at any time
from January 17, 2017 through the present;"
2. certifying the following proposed Unjust Enrichment Class
with respect to their claims under the common law doctrine
of unjust enrichment under Pennsylvania law asserted in
Count III of the Second Amended Complaint, as follows:
"All present and former non-exempt employees of Seba
Abode, Inc. who were paid a reduced hourly rate as a
result of working over 40 hours per workweek at any time
from January 17, 2016 through the present;"
3. appointing them as class representatives, and the
undersigned attorneys from the law firms of Feinstein
Doyle Payne & Kravec, LLC and Jubelirer Pass & Intrieri,
P.C. to represent both classes.
The Court has already conditionally certified a "collective"
consisting of class members who were paid at a reduced rate from
July 22, 2018 through the present. The definition of the collective
is the same as the class definitions proposed here, except for the
relevant time frame.
Seba Abode is in the Home Health Care Services business.
A copy of the Plaintiffs' motion to certify class dated Dec. 16,
2021 is available from PacerMonitor.com at https://bit.ly/3FDHNB8
at no extra charge.[CC]
The Plaintiffs are represented by:
Ruairi McDonnell, Esq.
Edward J. Feinstein, Esq.
FEINSTEIN DOYLE PAYNE
& KRAVEC, LLC
Law & Finance Building, Suite 1300
429 Fourth Avenue
Pittsburgh, PA 15219
Telephone: (412) 281-8400
Facsimile: (412) 281-1007
E-mail: rmcdonnell@fdpklaw.com
efeinstein@fdpklaw.com
- and -
Joseph J. Pass, Esq.
Joseph S. Pass, Esq.
Steven E. Winslow, Esq.
JUBELIRER, PASS & INTRIERI, P.C.
219 Fort Pitt Boulevard
Pittsburgh, PA 15222
Telephone: (412) 281-3850
Facsimile: (412) 281-1985
E-mail: jjp@jpilaw.com
jsp@jpilaw.com
sw@jpilaw.com
SYMETRA ASSIGNED: Filing for Class Cert. Bid Due Feb. 18, 2022
--------------------------------------------------------------
In the class action lawsuit captioned as RENALDO WHITE and RANDOLPH
NADEAU, individually and on behalf of all others similarly
situated, v. SYMETRA ASSIGNED BENEFITS SERVICE COMPANY; SYMETRA
LIFE INSURANCE COMPANY, Case No. 2:20-cv-01866-MJP (W.D. Wash.),
the Hon. Judge Marsha J. Pechman entered an order granting
stipulated motion to extend deadlines as follows:
-- The Plaintiffs' motion for class Feb. 18, 2022
certification shall be filed by:
-- The Defendants' opposition shall be March 25, 2022
filed by:
-- The Plaintiffs' reply shall be filed by: March 15, 2022
Symetra offers employee benefits, annuities and life insurance
products.
A copy of the Court's order dated Dec. 15, 2021 is available from
PacerMonitor.com at https://bit.ly/3mC8hv6 at no extra charge.[CC]
TIVITY HEALTH: Class Cert Reply Brief Must be Filed by Jan 21, 2022
-------------------------------------------------------------------
In the class action lawsuit captioned as ROBERT STROUGO,
individually and on behalf of all others similarly situated, v.
TIVITY HEALTH, INC., et al., Case No. 3:20-cv-00165 (M.D. Tenn.),
the Hon. Judge Waverly D. Crenshaw, Jr. entered an order granting
the Plaintiffs' unopposed renewed motion to amend schedule for
completing briefing on Plaintiffs' motion for class certification.
The Plaintiffs shall file their class certification reply brief no
later than January 21, 2022, says Judge Crenshaw.
Tivity is a provider of health improvement, fitness and social
engagement solutions. Tivity Health is headquartered in Franklin,
Tennessee with offices in Fort Washington, Pennsylvania and
Chandler, Arizona.
A copy of the Court's order dated Dec. 14, 2021 is available from
PacerMonitor.com at https://bit.ly/3qvDMZb at no extra charge.[CC]
TRINITY SERVICES: Court Tosses Goff Bid for Class Certification
---------------------------------------------------------------
In the class action lawsuit captioned as Shawn Charles Goff, v.
Trinity Services Group, et al., Case No. 2:21-cv-00702-DLR-JFM (D.
Ariz.), the Hon. Judge Douglas L. Rayes entered an order that:
1. Goff's Response Objecting to Magistrate Court's Report and
Recommendation (R&R) is overruled;
2. Accepting the R&R;
3. The Plaintiff's Motion for Class Certification is denied;
4. The Plaintiffs Holguin, Benavidez, Delgado, Darrington,
Acosta, Hernandez, Ward, DeYoung, Dawkins, Devine and
Randall are dismissed without prejudice;
5. The Plaintiff's claims based on events that allegedly
occurred before December 21, 2020, are dismissed as
duplicative of Plaintiff's claims in CV-20-231288;
6. The Plaintiff's claims against Defendant Shinn in his
individual capacity are dismissed;
7. The Defendants Trinity and Keefe shall answer Count One to
the extent that the allegations are based on events that
occurred after December 21, 2020;
8. The Defendant Shinn shall answer, in his official capacity
only, the Plaintiff's claims for injunctive relief; and
9. The Defendants Trinity, Keefe and Shinn shall file an
answer to the Second Amended Complaint within 14 days from
this order.
The Court said, "The Plaintiffs cannot proceed as pro se
representatives and are still not entitled to 8 counsel. There
still has been no sufficient showing of a likelihood of success to
warrant the request of counsel under 28 U.S.C. section 1915(e)(1),
and there was no exceptional difficulty in Goff representing
himself. The Plaintiff did not object to the remainder of the
findings in the R&R. Because the R&R's reasoning is correct,
Plaintiff's objections to the R&R are overruled and the R&R is
accepted."
Trinity Services provides correctional food services.
A copy of the Court's order dated Dec. 15, 2021 is available from
PacerMonitor.com at https://bit.ly/3qn7yPC at no extra charge.[CC]
UMR INC: Court Narrows Claims in Berceanu Suit
----------------------------------------------
In the class action lawsuit captioned as LUCIANA BERCEANU and JUDY
HERNANDEZ, on behalf of themselves, their respective beneficiaries
and all others similarly situated, v. UMR, INC., Case No.
3:19-cv-00568-wmc (W.D. Wisc.), the Hon. Judge William M. Conley
entered an order that:
1) The Defendant UMR, Inc.'s motion to dismiss is granted in
part and denied in part. The motion is granted as to
plaintiffs' claims under section 502(a)(3), but denied as
to their claims under section 502(a)(1)(B).
2) The Plaintiffs Luciana Berceanu and Judy Hernandez's
motion for class certification is granted.
3) The court certifies the following class under Federal Rule
of Civil Procedure 23(b)(2):
"Any member of a health benefit plan governed by Employee
Retirement Income Security Act of 1974 (ERISA) whose
request for coverage or residential treatment services for
mental illness or substance use disorder was denied by
UMR, in whole or in part, within the applicable statute of
limitations, based on UBH's Level of Care Guidelines or
UBH's Coverage Determination Guidelines, and such denial
was not reversed following an administrative appeal."
4) Plaintiffs Luciana Berceanu and Judy Hernandez are
appointed as class representatives. Plaintiffs' counsel,
the law firms of Zuckerman Spaeder LLP, Psych-Appeal,
Inc., and Gingras, Thomsen & Wachs, are appointed as class
counsel.
The Court said, "Having met all four Rule 23(a) prerequisites,
plaintiffs must also establish that "final injunctive relief or
corresponding declaratory relief is appropriate respecting the
class as a whole" because the opposing party's actions are based
"on grounds that apply generally to the class."
In particular, classes under Rule 23(b)(2) are appropriate "when
the plaintiffs' primary goal is not monetary relief, but rather to
require the defendant to do or not do something that would benefit
the whole class."
A Rule 23(b)(2) class is appropriate if "a single injunction or
declaratory judgment would provide relief to each member of the
class." While defendant again contends that this case cannot be
certified under Rule 23(b)(2) because "individualized issues of
liability would simply be kicked down the road", this argument
rests on the same misinterpretation of plaintiffs' requested
relief.
The Plaintiffs are not seeking recovery of monetary benefits as
part of this lawsuit; therefore, certifying this case under Rule
23(b)(2) will allow for plaintiffs' claims to be fully resolved. In
other words, there will be no individual issues of liability, or
even relief, as part of this lawsuit. Instead, any relief provided
would go no further than entry of an injunction requiring a remand
to UMR for a review of individual class member's denials under
revised guidelines that comply with ERISA," the Court adds.
On behalf of themselves, their beneficiaries, and a
similarly-situated putative class, the plaintiffs Luciana Berceanu
and Judy Hernandez assert claims against defendant UMR, Inc., in
its role as a plan administrator for their employer-sponsored
health plans under ERISA.
UMR Inc provides third-party benefits administration services.
A copy of the Court's order dated Dec. 15, 2021 is available from
PacerMonitor.com at https://bit.ly/3pzhgyY at no extra charge.[CC]
UNITED AIRLINES: Extension of Time for Class Cert. Reply Sought
---------------------------------------------------------------
In the class action lawsuit captioned as DAVID SAMBRANO,
individually and on behalf of all others similarly situated, et
al., v. UNITED AIRLINES, INC., Case No. 4:21-cv-01074-P (N.D.
Tex.), the Plaintiffs ask the Court to enter an order extending
until January 10, 2022, their deadline to file a reply in support
of motion for provisional class certification.
The Plaintiffs respectfully request a twenty-day extension of their
deadline to file their reply in support of motion for provisional
class certification. That reply is currently due by December 21,
2021, and Plaintiffs request that the Court extend that deadline to
January 10, 2022.
United Airlines is a major American airline headquartered in Willis
Tower in Chicago, Illinois. United operates a large domestic and
international route network spanning cities large and small across
the United States and all six continents.
A copy of the Plaintiff's motion to certify class dated Dec. 16,
2021 is available from PacerMonitor.com at https://bit.ly/3qu0RLI
at no extra charge.[CC]
The Plaintiffs are represented by:
John C. Sullivan, Esq.
S|L LAW PLLC
610 Uptown Boulevard, Suite 2000
Cedar Hill, TX 75104
Telephone: (469) 523-1351
Facsimile: (469) 613-0891
E-mail: john.sullivan@the-sl-lawfirm.com
- and -
Robert C. Wiegand, Esq.
Melissa J. Swindle, Esq.
Stewart Wiegand & Owens PC
325 N. St. Paul Street, Suite 3750
Dallas, TX 75201
Telephone: (469) 899-9800
Facsimile: (469) 899-9810
E-mail: bob.wiegand@swolegal.com
Melissa.swindle@swolegal.com
- and -
Mark R. Paoletta, Esq.
Gene C. Schaerr, Esq.
Brian J. Field, Esq.
Kenneth A. Klukowski, Esq.
Joshua J. Prince, Esq.
Annika M. Boone, Esq.
SCHAERR | JAFFE LLP
1717 K Street NW, Suite 900
Washington, DC 20006
Telephone: (202) 787-1060
Facsimile: (202) 776-0136
E-mail: mpaoletta@schaerr-jaffe.com
UNIVERSITY OF KENTUCKY: Niblock Seeks to Certify Class Action
-------------------------------------------------------------
In the class action lawsuit captioned as ELIZABETH NIBLOCK and ALA
HASSAN, Individually and on behalf of all those similarly situated,
v. UNIVERSITY OF KENTUCKY, MITCH BARNHART and ELI CAPILOUTO in
their official capacities, Case No. 5:19-cv-00394-KKC-EBA (E.D.
Ky.), the Plaintiffs ask the Court to enter an order:
1. certifying them as a class;
2. certifying this case as a class action; and
3. appointing Plaintiffs as class representatives, and
appointing their counsel as class counsel.
The Plaintiffs request expedited relief for the Amended Motion for
Class Certification. The Plaintiffs filed their original motion for
class certification on March 19, 2021, seeking expedited relief
prior to Plaintiff Niblock's graduation. The Plaintiffs again seek
expedited relief because of the limited time a plaintiff generally
pursues a college education. Title IX athletic compliance cases are
capable of redressability but may evade review before a single
student completes her education. Here, "class certification is
appropriate to avoid mootness that may arise from students
transferring or graduating," the suit says.
A copy of the Plaintiffs' motion to certify class dated Dec. 15,
2021 is available from PacerMonitor.com at https://bit.ly/3eAgE5T
at no extra charge.[CC]
The Plaintiff is represented by:
Lori A. Bullock, Esq.
BAILEY & GLASSER LLP
P.O. Box 197
Ankeny, IA 50023
E-mail: lbullock@baileyglasser.com
- and -
Jill Zwagerman, Esq.
NEWKIRK ZWAGERMAN, P.L.C.
521 E. Locust Street, Suite 300
Des Moines, IA 50309
Telephone: 515-883-2000
E-mail: jzwagerman@newkirklaw.com
- and -
Barbara Bonar, Esq.
BONAR, BUCHER & RANKIN, PSC
3611 Decoursey Avenue
Covington, KY 41015
Telephone: 859-431-3333
E-mail: bdbonar@lawatbdb.com
Sophia.stevenson@lawatbdb.com
The Defendant is represented by:
Bryan H. Beauman, Esq.
Donald C. Morgan, Esq.
STURGILL, TURNER, BARKER & MOLONEY, PLLC
333 W. Vine Street, Suite 1500
Lexington, Kentucky 40507
Telephone: (859) 255-8581
E-mail: bbeauman@sturgillturner.com
dmorgan@sturgillturner.com
- and -
William E. Thro, Esq.
University of Kentucky
301 Main Building
Lexington, Kentucky 40506
Telephone: (859) 257-2936
E-mail: William.Thro@uky.edu
UNIVERSITY OF WISCONSIN: Fabbrocini Loses Class Status Bid
----------------------------------------------------------
In the class action lawsuit captioned as MARIA MINA FABBROCINI,
M.D., individually and on behalf of other similarly situated
individuals, v. ROBERT PEARCE, M.D., individually, and BOARD OF
REGENTS OF THE UNIVERSITY OF WISCONSIN SYSTEM, Case No.
3:19-cv-00198-wmc (W.D. Wisc.), the Hon. Judge William M. Conley
entered an order denying plaintiff's motion for class certification
of:
"All female physicians designated as full-term employees, who
were employed in the Department of Anesthesiology of the
University of Wisconsin School of Medicine & Public Health at
any time between March 13, 2013 until the appointment of Dr.
Aimee Becker as interim Chair to succeed Dr. Robert
Pearce on August 16, 2017."
The Court said, "Here, the court only has Fabbrocini's account of
her experiences of a hostile work environment, as supported by
Nagy's report. While Nagy's report describes "many" women who
experienced gender-related issues, no quantification is even
suggested, and there is no basis for finding that the "majority" of
women, as plaintiff represents in her briefing, would consent to
the lawsuit. Indeed, relying solely on Nagy's report, gender- based
bullying appears to be part of the story, but not the only part.
Given the elements of a hostile work environment, therefore, the
court simply has no basis to find that class members seeking to
pursue a hostile work environment claim like Fabbrocini would be
anywhere near the 40 women or so identified, much more a number
making joinder impracticable given the detailed, available records
identifying possible class members.
The Plaintiff Maria Mina Fabbrocini, M.D., brought this lawsuit
under 28 U.S.C. section 1983, claiming that Dr. Robert Pearce, the
former Chair of the Department of Anesthesiology at the University
of Wisconsin School of Medicine and Public Health, violated her
Fourteenth Amendment rights, as well as those of other female
anesthesiologists employed with UW, by engaging in deliberate sex
discrimination.
A copy of the Court's order dated Dec. 16, 2021 is available from
PacerMonitor.com at https://bit.ly/3Hcjevg at no extra charge.[CC]
UPS SUPPLY: Parties in Ayala Suit Seek Class Action Settlement
--------------------------------------------------------------
In the class action lawsuit captioned as ERIC AYALA and ADRIAN
AVILES, on behalf of themselves and all others similarly situated,
and as "aggrieved employees" on behalf of other "aggrieved
employees" under the Labor Code Private Attorneys General Act of
2004, v. UPS SUPPLY CHAIN SOLUTIONS, Cover INC., a Delaware
corporation; UPS SUPPLY CHAIN SOLUTIONS; and GENERAL SERVICES,
INC., a Delaware corporation; and DOES 1-10, inclusive, Case No.
5:20-cv-00117-PSG-AFM (C.D. Cal.), the Plaintiffs ask the Court to
enter an order:
1. finally approving the Joint Stipulation of Class Action
Settlement;
2. confirming the certification of the Class solely for
settlement purposes pursuant to Federal Rule of Civil
Procedure 23;
3. confirming the appointment of David G. Spivak of The
Spivak Law Firm and Norman B. Blumenthal, Kyle R.
Nordrehaug, and Aparajit Bhowmik of Blumenthal Nordrehaug
Bhowmik De Blouw LLP (Aviles Class Counsel) as Class
Counsel;
4. confirming the appointment of Plaintiffs as class
representatives; and
5. granting final approval to an allocation of $40,000 for
claims for civil penalties under the Labor Code Private
Attorneys General act of 2004, Labor Code sections 2698,
et seq., of which $30,000 will be paid to the Labor and
Workforce Development agency ("LWDA") and $10,000 of which
will be payable to PAGA Settlement Class Members as the
"PAGA Amount"; and
6. directing that [Proposed] Final Approval Order and Final
Judgment submitted herewith be entered as called for under
the Settlement.
The "Settlement Class Members" are all individuals who are or
previously were employed by Defendant UPS Supply Chain Solutions,
Inc. ("Defendant") in California as non-exempt employees during the
Class Period. The "Class Period" is defined as the time period of
December 12, 2015 through August 1, 2021. The "PAGA Settlement
Period" is defined as the time period of December 12, 2018 through
August 1, 2021. Settlement Class Members who were employed during
the PAGA Settlement Period are defined as "PAGA Settlement Class
Members."
UPS Supply provides supply chain services.
A copy of the Plaintiffs' motion to certify class dated Dec. 15,
2021 is available from PacerMonitor.com at https://bit.ly/3FASAMb
at no extra charge.[CC]
The Plaintiffs are represented by:
David G. Spivak, Esq.
THE SPIVAK LAW FIRM
16530 Ventura Blvd., Ste 203
Encino, CA 91436
Telephone: (213) 725-9094
Facsimile: (213) 634-2485
E-mail: david@spivaklaw.com
- and -
Norman B. Blumenthal, Esq.
Kyle R. Nordrehaug, Esq.
Aparajit Bhowmik, Esq.
Piya Mukherjee, Esq.
Victoria B. Rivapalacio, Esq.
BLUMENTHAL NORDREHAUG BHOWMIK DE BLOUW LLP
2255 Calle Clara
La Jolla, CA 92037
Telephone: (858) 551-1223
Facsimile: (858) 551-1232
WALMART INC: Filing of Class Certification Bid Due July 15, 2022
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In the class action lawsuit captioned as DANIEL LEBBY, on behalf of
himself and others similarly situated, v. WALMART, INC., Case No.
3:21-cv-01365-RDM (M.D. Pa.), the Hon. Judge Robert D. Mariani
entered an case management order that:
1. Motions to join additional parties shall be filed no later
than May 27, 2022.
2. Motions to amend the pleadings shall be filed no later
than June 20, 2022.
3. The final date for filing the motion for class
certification is July 15, 2022.
4. The setting of all other case management deadlines is
deferred until after the resolution of the class
certification motion.
5. Should counsel be unable to resolve a discovery dispute,
the party seeking relief shall contact Chambers at
(570)207-5750 and inform the Courtroom Deputy of the
dispute.
Walmart is an American multinational retail corporation that
operates a chain of hypermarkets, discount department stores, and
grocery stores from the United States, headquartered in
Bentonville, Arkansas.
A copy of the Court's order dated Dec. 15, 2021 is available from
PacerMonitor.com at https://bit.ly/3JxXYlQ at no extra charge.[CC]
WINCO FOODS: Case Management Deadlines Extended in Miller Suit
--------------------------------------------------------------
In the class action lawsuit captioned as Miller v. Winco Foods,
LLC, Case No. 3:19-cv-02094 (D. Or.), the Hon. Judge John V. Acosta
entered an order granting parties' oral motion to extend the
current case management deadlines as follows.
1. Fact discovery is to be completed Feb. 22, 2022
by:
2. Amended pleadings, if any, are Feb. 28, 2022
due by:
3. Joint ADR Report is to be March 7, 2022
filed by:
4. Class certification expert March 28, 2022
witness disclosures are due by:
5. Class certification rebuttal April 26, 2022
witness disclosures are due by:
6. Expert discovery is to be May 23, 2022
completed by:
7. Class certification motion is July 11, 2022
to be filed by:
The nature of suit states Torts -- Personal Property -- Other
Personal Property Damage.
WinCo Foods is a privately held, majority employee-owned American
supermarket chain based in Boise, Idaho, with retail stores in
Arizona, California, Idaho, Montana, Nevada, Oklahoma, Oregon,
Texas, Utah, and Washington. It was founded in 1967 as a no-frills
warehouse-style store with low prices.[CC]
WRIST AFICIONADO: Cortazar-Garcia Sues Over Harassment, Unpaid OT
-----------------------------------------------------------------
Daniela Cortazar-Garcia, individually and on behalf of all others
similarly situated, Plaintiff, v. Wrist Aficionado Miami, LLC,
William Kakon, Vadim Yokubov and Eddie Goziker, Defendant, Case No.
21-cv- 24366, (S.D. Fla., December 16, 2021), seeks to recover
unpaid overtime compensation and other relief under the Fair Labor
Standards Act.
Wrist Aficionado is a luxury watch store located in The Setai,
Miami where Cortazar-Garcia worked as a saleslady. She regularly
worked in excess of 40 hours during one or more workweeks without
being properly paid overtime for those hours. She also accuses
Kakon of taking advantage of his ownership of Wrist Aficionado to
manipulate, lie, abuse and harass her, including threatening
termination of her employment for resisting his unwanted sexual
advances. [BN]
Plaintiff is represented by:
Kraig S. Weiss, Esq.
BUSINESS AND FAMILY LAW CENTER, INC.
1290 Weston Road, Suite 218
Weston, FL 33326
Tel: (954) 384-0998
Fax: (954) 384-5390
Email: notices@swlawcenter.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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