/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/220104.mbx C L A S S A C T I O N R E P O R T E R Tuesday, January 4, 2022, Vol. 24, No. -3 Headlines 161-10 HILLSIDE: Faces Stidhum Sues Over Employment Discrimination ACADIA HEALTHCARE: St. Clair County ERS Loses Bid to Certify Class ALCOTT CENTER: Fails to Pay All Hours Worked, Shorter Suit Alleges ALFI INC: Kleinschmidt Sues Over 27% Decline of Stock Price AMAZON.COM: Rittmann Suit Seeks to Certify Class of Drivers AMPLIFY ENERGY: Faces Karsgor Suit Over Massive Crude Oil Spill APPLE INC: Monopolizes iOS App Market, Coring Company Suit Claims ATLANTIC SOLUTIONS: Shortchanges Workers' Wages, Barahona Suit Says AUTO SYSTEMS: Stephens Seeks to Certify FLSA Collective Action AVONDALE CARE: Severino Sues Over Home Health Aides' Unpaid OT B'ABOVE WORLDWIDE: Garcia Seeks Minimum & OT Wages Under FLSA, NYLL BATH & BODY: Case Management Order Entered in Perez Class Suit BIMBO BAKERIES: Proposed Sched & Discovery Order Adopted in Elder BIOPLUS SPECIALTY: Faces Gilbert Class Action Suit Over Data Breach BLACKBERRY LIMITED: Discovery Underway in Misrepresentation Suit BLACKBERRY LIMITED: No Trial Date Yet in U.S. Securities Suit BLACKBERRY LTD: Discovery Underway in Ontario Labor Suit BRADLEY COUNTY, TN: Filing of Class Cert. Bid Due May 2, 2022 BURLINGTON RESOURCES: 3rd Amended Class Cert Sched Order Entered CALIFORNIA STATE UNIVERSITY: Class Cert Reply Due May 6, 2022 CALMET SERVICES: Briefing Schedule Entered in Juarez Suit CENTRAL PAYMENT: Loses Bid to Decertify Class in CHDBY Suit CHASE DENNIS: Class Cert. Briefing Sched, Hearing Date Vacated COFFEYVILLE RESOURCES: El Dorado Sues Over Interest Owed Under PRSA CONTINENTAL EXCHANGE: Violates Wage & Hour Laws, Ibarra Suit Says DAVE'S KILLER: Bread Products Mislabeled, Swartz Suit Alleges DAVID SHINN: Williams Files Suit in D. Arizona DE PAOLA TRADING: Faces Jaeger ERISA Suit Over Pension Plan Assets DLY CASE: Andreu Suit Seeks OT, Minimum Wages Under FLSA, FMWA ENERGY TRANSFER: Class Cert. Deadlines Extended in Allegheny Suit FARADAY FUTURE: Faces Zhou Securities Suit Over Share Price Drop FCA US: Lipeles Seeks Extension to File Class Certification Bid FEDEX GROUND: Initial Case Management Order Amended in FLSA Suit GENERAL MOTORS: Faces Kennedy Class Suit Over EUV/EV Cars' Safety GENERAL MOTORS: Harrison Sues Over Defective Vehicles' AFM Lifters GENERAL MOTORS: Joint Bid to Extend Briefing Schedule Filed GEORGE GORICH: Dewitt Suit Seeks Unpaid OT Wages Under FLSA, NYLL GOODYEAR TIRE: Trial Scheduling Order Entered in Rodas Class Suit GOOGLE LLC: CA Crane School Slams Monopoly on Online Ads Market GREAT ARROW: Then Seeks Initial Approval of Class Settlement HIGUERA FARMS: Morales-Garcia Suit Seeks Class Certification KAISEN ENERGY: To Restructure Under CCAA Proceeding KODIAK CAKES: Briefing Schedule for Class Certification Sought LILLIE'S VICTORIAN: Resto Staff Sues Over Discrimination/Harassment LINEAR MOTORS: Wins Summary Judgment Bid vs. Gia Sessa LOU NANNE'S EDINA: Soto Suit Slams Tip Credit MARKWEST ENERGY: Ison, Hamilton Win Conditional Certification MCDONALD'S CORPORATION: COBRA Notice "Inadequate," Johnson Says MDL 3015: Initial Approval of Settlement Sought MEDLINE INDUSTRIES: Nair Files Suit in Cal. Super. Ct. MERCHNOW LLC: Weekes Files ADA Suit in S.D. New York MGA ENTERTAINMENT: Ortega Files ADA Suit in S.D. New York MHC HERITAGE: Noel Files Suit in S.D. Florida MICHAEL J. WEI: Lopez Files ADA Suit in S.D. New York MIDLAND CREDIT: Cardona Files FDCPA Suit in D. New Jersey MINERAL FUSION: Lopez Files ADA Suit in S.D. New York MINU JEWELS: Lopez Files ADA Suit in S.D. New York MJ DESIGNER: Violates Wage & Hour Laws, Gando Class Suit Alleges MONARCH RECOVERY: Goldring Files Bid for Class Certification MRS BPO: Faces Israr Class Action Over Unfair Collection Letters MY IMPORTS USA: Esquivel Files Suit in E.D. New York NATIONAL FOOTBALL: Wins Summary Judgment v. Richard Dent, et al. NATURA MANAGEMENT: Kenkel Files Suit in Cal. Super. Ct. NEUROMETRIX INC: Ortega Files ADA Suit in S.D. New York NEW YORK: Marciano Class Suit Removed to S.D. New York NEXLEVEL DIRECT: Hastings Files TCPA Suit in E.D. Arkansas NOMNOMNOW INC: Tavarez-Vargas Files ADA Suit in S.D. New York NZXT INC: Tavarez-Vargas Files ADA Suit in S.D. New York ONE OF KIND: Heath Sues Over Unpaid Wages for Drivers PERGOLA 36: Fails to Pay Overtime Wages, Cristobal Class Suit Says PERMANENT GENERAL: Joint Bid to Extend Deadlines Filed in Connor PETCO HEALTH: Jordan Suit Removed to W.D. Pennsylvania PJ OPERATIONS: Crook Slams Improper Wages POLESTAR AUTOMOTIVE: Tenzer-Fuchs Files ADA Suit in E.D. New York POR ENTERPRISES: West Sues Over Illegal Kickbacks, Unpaid Wages PORCH.COM INC: Tavarez-Vargas Files ADA Suit in S.D. New York PROCTER & GAMBLE: Blake Slams Benzene in Aerosol Products PROGRESSIVE CASUALTY: Faces Eagan FLSA Class Suit in N.D. Ohio PROTEMACH INC: Kimia Files Suit in Cal. Super. Ct. PTC INC: Khan Seeks Initial Approval of Settlement Deal QG PRINTING: James Sims Seeks to Certify Classes RADIUS GLOBAL: Greene Files FDCPA Suit in S.D. California RANDA ACCESSORIES: Lopez Files ADA Suit in S.D. New York RAYTHEON TECHNOLOGIES: Brooks-Bey Sues Over No Poach Agreement REBELSMARKET INC: Tavarez-Vargas Files ADA Suit in S.D. New York RENEW HEALTH: Faces Diebold PAGA Class Action in California RESIGNATION HOLDING: Tavarez-Vargas Files ADA Suit in S.D. New York ROYAL APPLIANCE: Ortega Files ADA Suit in S.D. New York ROYAL CATERING: Vasquez Files FLSA Suit in N.D. Texas RUSHMORE LOAN: Panzarella Seeks to Certify FDCPA Class S.C. JOHNSON: Maisel Suit Seeks to Certify Class of Purchasers SAMAHA INVESTMENTS: Briggs Files Suit in N.D. Illinois SAZERAC COMPANY: Ortega Files ADA Suit in S.D. New York SBK DELIVERY: Time Extension to Oppose Class Cert. Bid Sought SEDGWICK CLAIMS: Adams-Gillard Seeks Initial OK of Settlement Deal SEEDS BEAUTY: Tavarez-Vargas Files ADA Suit in S.D. New York SELECT PORTFOLIO: Fleming Suit Removed to D. Massachusetts SHELTERLOGIC CORP: Ortega Files ADA Suit in S.D. New York SIDEPRIZE LLC: Fischler Files ADA Suit in E.D. New York SILVER F. INC: Ford Files Suit in Cal. Super. Ct. SILVER LINING: Umbetova Files Suit in N.Y. Sup. Ct. SMILE BRANDS: Ponce Suit Removed to C.D. California SMITTY'S SUPPLY: Filing of Class Cert. Bid Due July 11, 2022 SOCK DRAWER: Tavarez-Vargas Files ADA Suit in S.D. New York SOLE PROVISIONS: Tavarez-Vargas Files ADA Suit in S.D. New York SOUND UNITED: Ortega Files ADA Suit in S.D. New York SOUTH VALLEY ALMOND: Cabrera Loses Bid to Remand Suit to State Ct. SPARK NETWORKS: Tavarez-Vargas Files ADA Suit in S.D. New York STANDARD LIFE: Schmidt Files Suit in E.D. California STATE AUTO PROPERTY: Casteel Files Suit in S.D. Ohio STATE FARM: Cudd Files Suit in M.D. Georgia STATE FARM: Gulick Files Suit in D. Kansas STEEL TECHNOLOGY: Tavarez-Vargas Files ADA Suit in S.D. New York STITCH GOLF: Ortega Files ADA Suit in S.D. New York STUPP BROS: Bid to Extend Stoklosa Class Cert. Deadlines Filed SWING JUICE: Tavarez-Vargas Files ADA Suit in S.D. New York T-MOBILE USA: Akins Suit Transferred to W.D. Missouri T-MOBILE USA: Bensen Suit Transferred to W.D. Missouri T-MOBILE USA: Brackman Suit Transferred to W.D. Missouri T-MOBILE USA: Carp Suit Transferred to W.D. Missouri T-MOBILE USA: Christie Suit Transferred to W.D. Missouri TGS HOLDINGS: Mariscal Files FLSA Suit in S.D. New York TIKTOK INC: Frazier Slams Inappropriate Content on Video App TOWNSHIP PROVISIONS: Brandt Sues Over Tip/Charity Dispute TRAMONTINA USA: Duncan Files ADA Suit in E.D. New York TRANSAMERICA PREMIER: Case Management Order Entered in Phan Suit TRAVELERS INDEMNITY: Fails to Protect Customers' Info, Rand Claims UFP RIVERSIDE: Mondragon Suit Removed to C.D. California UMG COMMERCIAL: Weekes Files ADA Suit in S.D. New York UNITED AIRLINES: Filing of Sambrano Class Cert. Reply Extended UNITED ASSET: DeFour Files Suit in E.D. Virginia UNITED BEHAVIORAL: Filing of Class Status Bid Due July 11, 2022 UNITED STATES: Bid to Amend Sched Order in Guerrero Partly OK'd UNITED STATES: Medder Files Suit in Ct. of Fed. Cl. UNIVERSAL SITE: Fails to Pay Wages for All Hours Worked, Suit Says US HEALTH FAIRS-ORG: Rangel Hits Workplace Hazard, Seeks Last Pay VALYOU FURNITURE: Weekes Files ADA Suit in S.D. New York VERIFF INC: McGown Suit Removed to N.D. Illinois VISIONPRO NETWORKS: Frederick Sues Over Cable Installers' Unpaid OT VIVINT INC: Seeks Denial of Cunningham Class Certification Bid WALT DISNEY: Nielsen Consumer Suit Removed to C.D. California WHIRLPOOL CORP: Settlement Deal in Cleveland Suit Gets Initial OK WING KEUNG: Faces Hu Class Suit Over Unpaid Wages Under FLSA, NYLL WORKFORCE7 INC: Construction Flaggers Get Conditional Status ZEN & SPACE: Guan Sues Over Construction Workers' Unpaid OT Wages ********* 161-10 HILLSIDE: Faces Stidhum Sues Over Employment Discrimination ------------------------------------------------------------------ LETICIA FRANCINE STIDHUM v. 161-10 HILLSIDE AUTO AVE, LLC d/b/a Hillside Auto Outlet, and HILLSIDE AUTO MALL INC d/b/a Hillside Auto Mall, ISHAQUE THANWALLA, JORY BARON, RONALD M BARON, and ANDRIS GUZMAN, Case No. 1:21-cv-07163 (E.D.N.Y., Dec. 29, 2021) is a class action brought to remedy claims of employment discrimination on the basis of sex, pursuant to the Pregnancy Discrimination Act, the Civil Rights Act of 1964, and New York State Human Rights Law, and New York City Human Rights Law. Ms. Stidhum seeks injunctive and declaratory relief, compensatory and liquidated damages, punitive damages, attorneys' fees, and other appropriate relief. Ms. Stidhum is an adult female resident of the State of New York. She is a car salesperson who worked for a little over three months at Hillside Auto. Hillside Auto Mall is a domestic business corporation organized under the laws of the State of New York with a principal address at 150-01 Hillside Avenue, Jamaica, New York.[BN] The Plaintiff is represented by: Tiffany Troy, Esq. Aaron Schweitzer, Esq. TROY LAW, PLLC 41-25 Kissena Blvd., Suite 103 Flushing, NY 11355 Telephone: (718) 762-1324 ACADIA HEALTHCARE: St. Clair County ERS Loses Bid to Certify Class ------------------------------------------------------------------ In the class action lawsuit captioned as ST. CLAIR COUNTY EMPLOYEES' RETIREMENT SYSTEM, Individually and on Behalf of All Others Similar, v. ACADIA HEALTHCARE COMPANY, INC., et al., Case No. 3:18-cv-00988 (M.D. Tenn.), the Hon. Judge William L. Campbell, Jr. entered an order: 1. terminating the Plaintiffs' motion for class certification and Defendants' motion for evidentiary hearing on Plaintiffs' motion for class certification; 2. directing the Plaintiffs to file an updated Motion for Class Certification on or before February 1, 2022: -- Defendants shall file a response on or before March 1, 2022, and -- Plaintiffs shall file a reply on or before April 1, 2022; and 3. denying the parties' requested continuance of the trial date: -- The trial date in this matter is June 6, 2023. That date was not altered by the Magistrate Judge's Order of October 5, 2021. The Magistrate Judge will handle the remaining case management deadlines. A copy of the Court's order dated Dec. 17, 2021 is available from PacerMonitor.com at https://bit.ly/3HtExJ3 at no extra charge.[CC] ALCOTT CENTER: Fails to Pay All Hours Worked, Shorter Suit Alleges ------------------------------------------------------------------ RODNEY SHORTER, v. ALCOTT CENTER FOR MENTAL HEALTH SERVICES; NICHOLAS MAIORINO; LEE MILMAN; WILLIAM MCKENNA; and DOES 1 to 25, inclusive, Case No. 21STCV47391 (Cal. Super., Los Angeles Cty., Dec. 29, 2021) is brought on behalf of the Plaintiff and all others similarly situated alleging that the Defendants failed to compensate for all hours worked, failed to pay minimum wages, and failed to pay overtime under the California Labor Code. The Plaintiff started working for Alcott as a residential aide at the "Hoover House" on or around November 2020 and is still employed. The Plaintiff is classified as an hourly, 20 non-exempt employee and his latest rate of pay is $16.00/hour. Alcott is a hospital & health care company.[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 ALFI INC: Kleinschmidt Sues Over 27% Decline of Stock Price ----------------------------------------------------------- GARY KLEINSCHMIDT, individually and on behalf of all others similarly situated, Plaintiff v. ALFI, INC., PAUL PEREIRA, DENNIS MCINTOSH, JOHN M. COOK, II, JIM LEE, JUSTIN ELKOURI, ALLISON FICKEN, FRANK SMITH, RICHARD MOWSER, KINGSWOOD CAPITAL MARKETS, REVERE SECURITIES LLC, and WESTPARK CAPITAL, INC., Defendants, Case No. 1:21-cv-24338 (S.D. Fla., December 15, 2021) is a class action against the Defendants for violations of Sections 11 and 15 of the Securities Act of 1933 and Sections 10(b) and 20(a) of the Securities Exchange Act of 1934. According to the complaint, the Defendants made materially false and/or misleading statements with the Securities and Exchange Commission in connection with Alfi's initial public offering (IPO), as well as failed to disclose material adverse facts about the company's business, operations, and prospects. Specifically, the Defendants failed to disclose to investors: (1) that Alfi's employees had engaged in certain improper corporate transactions; (2) that, as a result, Alfi's disclosure controls and procedures were ineffective; (3) that, as a result of the foregoing, the company was reasonably likely to face regulatory scrutiny, reputational harm, and penalties; and (4) that, as a result of the foregoing, the Defendants' positive statements about the company's business, operations, and prospects were materially misleading and/or lacked a reasonable basis. When the truth emerged, Alfi's stock price fell $1.24, or 22 percent, to close at $4.42 per share on October 29, 2021, on unusually heavy trading volume. The company's stock price continuously fell $0.24, or 5 percent, to close at $4.37 per share on November 16, 2021. As a result of the Defendants' alleged wrongful acts and omissions, and the precipitous decline in the market value of the company's securities, the Plaintiff and other Class members have suffered significant losses and damages. Alfi, Inc. is a software company, with its principal executive offices located in Miami Beach, Florida. Kingswood Capital Markets is an investment firm located in Los Angeles, California. Revere Securities LLC is a financial planner based in New York, New York. WestPark Capital, Inc. is a full service investment banking and securities brokerage firm located in Los Angeles, California. [BN] The Plaintiff is represented by: Joseph E. White, III, Esq. Adam D. Warden, Esq. Jonathan D. Lamet, Esq. SAXENA WHITE P.A. 7777 Glades Road, Suite 300 Boca Raton, FL 33434 Telephone: (561) 394-3399 Facsimile: (561) 394-3382 E-mail: jwhite@saxenawhite.com awarden@saxenawhite.com jlamet@saxenawhite.com - and – Robert V. Prongay, Esq. Charles H. Linehan, Esq. Pavithra Rajesh, Esq. GLANCY PRONGAY & MURRAY LLP 1925 Century Park East, Suite 2100 Los Angeles, CA 90067 Telephone: (310) 201-9150 Facsimile: (310) 201-9160 - and – Howard G. Smith, Esq. LAW OFFICES OF HOWARD G. SMITH 3070 Bristol Pike, Suite 112 Bensalem, PA 19020 Telephone: (215) 638-4847 Facsimile: (215) 638-4867 AMAZON.COM: Rittmann Suit Seeks to Certify Class of Drivers ----------------------------------------------------------- In the class action lawsuit captioned as BERNADEAN RITTMANN, et al., on behalf of themselves and all others similarly situated, v. AMAZON.COM INC. and AMAZON LOGISTICS, INC., Case No. 2:16-cv-01554-JCC (W.D. Wash.), the Plaintiffs ask the Court to enter an order granting the Plaintiffs' motion for class certification. The Court should certify state law Rule 23 classes on behalf of Amazon Flex drivers alleging misclassification (and resulting state law violations) under the laws of Washington, California, Illinois, New Jersey, and New York, the lawsuit says. This case has been brought on behalf of Amazon Flex delivery drivers who contend that they have been misclassified as independent contractors and thereby deprived of their rights and wages owed to them as employees under federal and state law. In addition to the federal claims they have brought under the Fair Labor Standards Act. The Plaintiffs have also brought state law class claims under the laws of Washington, California, Illinois, New Jersey, and New York. Amazon is an electronic retailer based in Seattle, Washington, which does business throughout the country, fulfilling customer orders by dispatching delivery drivers to deliver orders to its customers. A copy of the Court's order dated Dec. 17, 2021 is available from PacerMonitor.com at https://bit.ly/3EFA18t at no extra charge.[CC] The Plaintiffs are represented by: Shannon Liss-Riordan, Esq. Harold L. Lichten, Esq. Adelaide Pagano, Esq. LICHTEN & LISS-RIORDAN, P.C. 729 Boylston Street, Suite 2000 Boston, MA 02116 Telephone: (617) 994-5800 Facsimile: (617) 994-5801 E-mail: sliss@llrlaw.com hlichten@llrlaw.com apagano@llrlaw.com - and - Michael C. Subit, Esq. FRANK FREED SUBIT & THOMAS LLP 705 Second Avenue, Suite 1200 Seattle, WA 98104-1729 Telephone: (206) 682-6711 Facsimile: (206) 682-0401 E-mail: msubit@frankfreed.com AMPLIFY ENERGY: Faces Karsgor Suit Over Massive Crude Oil Spill --------------------------------------------------------------- ERIC KARSGOR; and ROBERT MORAN, on behalf of themselves and all others similarly situated v. AMPLIFY ENERGY CORPORATION, a Texas Corporation; BETA OPERATION COMPANY LLC d/b/a BETA OFFSHORE, a Texas Corporation; SAN PEDRO BAY PIPELINE COMPANY, a Texas Corporation, and DOES 1-10, Case No. 8:21-cv-02116 (C.D. Cal., Dec. 23, 2021) arises from a massive crude oil release from an offshore oil pipeline in the Beta Field, which is an oil reservoir located in federal waters, about nine miles off the coast of Huntington Beach, California. According to the complaint, the oil pipeline, transporting oil from the Beta Field to a pump in Long Beach, California, began gushing oil just four miles from shore (the "Spill"). The spill originated from a broken pipeline (the "Pipeline") which connects to an offshore oil platform in the Beta Field named the Elly Platform ("Elly"). Elly is owned and operated by Beta, a subsidiary of Amplify. The Pipeline is owned and operated by San Pedro Bay, also a subsidiary of Amplify. The release began sometime in the evening hours of October 1 or the early morning hours of October 2, 2021. Beta Offshore's 16-inch San Pedro Bay Pipeline ruptured, resulting in a release of crude oil into the San Pedro Bay, an inlet 21 of the Pacific Ocean (according to the Corrective Action Order issued by the Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety issued on October 4, 2021), says the suit. The total amount of crude oil spilled into the Pacific Ocean is yet unknown, but estimates show as much as 144,000 gallons gushed into ocean waters over the first few days of October 2021. The full extent of the spill, and the length of time before it was stopped, is not currently known. Residents of the coastal city Huntington Beach, California first reported odors related to the spill in the evening of October 1, 2021. Soon after, in the early hours of Saturday, October 2, 2021, a large oil slick was visible in the Pacific less than five miles offshore, already wreaking its havoc on marine life, kelp, dolphins, and boats. By late Saturday night or early morning on Sunday, October 3, 2021, the oil began to wash ashore in Huntington Beach. Now, some months later, beaches are open but tar, as a result of the spill, continues to wash ashore, added the suit. The Plaintiffs and members of the proposed classes have allegedly suffered and continue to suffer business and/or commercial losses related to commercial sea operations and general commercial operations by virtue of their proximity to the spill, and the stigma associated with operating so near to the spill. This lawsuit is brought to recover business and/or commercial losses and other damages by owners/operators of local business in close proximity to the spill.[BN] The Plaintiffs are represented by: John A. Montevideo, Esq. Erin L. Boeck, Esq. DIMARCO │ ARAUJO │ MONTEVIDEO A Professional Law Corporation 1324 North Broadway Santa Ana, CA 92706 Telephone: (714) 835-6990 Facsimile: (714) 568-1854 E-mail: Eboeck@damfirm.com APPLE INC: Monopolizes iOS App Market, Coring Company Suit Claims ----------------------------------------------------------------- THE CORING COMPANY, on behalf of itself and all others similarly situated, Plaintiff v. APPLE INC. and MR. TIM COOK, Defendants, Case No. 9:21-cv-82235 (S.D. Fla., December 15, 2021) is a class action against the Defendants for denial of essential facility, patent infringement, and violations of Sections 1 and 2 of the Sherman Act, the Florida Antitrust Act, and the Florida Deceptive and Unfair Trade Practices Act. The case arises from Apple's alleged monopolization of market for iOS application or smartphone application distribution. Apple has, through its anticompetitive conduct, unlawfully maintained monopoly power in the market for distributing apps on iOS. Apple has used exclusionary design and restraints of trade to substantially foreclose potential competition from alternative means to download apps, effectively eliminating consumers' choice. The Apple App Store's monopoly power is evidenced by (a) its market share and lack of meaningful competition; (b) Apple's large profit margins approaching 44% generally, or higher on the App Store itself and (c) Apple's ability to control the price that consumers must pay to purchase an app on the Apple App Store. As a result of Apple's anticompetitive conduct, consumers, developers, and distributors have been harmed. The Coring Company is a technology company based in Norway. Apple Inc. is a technology company based in Cupertino, California. [BN] The Plaintiff is represented by: Keith Mathews, Esq. AWP LEGAL 1000 Elm Street, Suite 800 Manchester, NH 03102 Telephone: (603) 622-8100 E-mail: keith@aaone.law ATLANTIC SOLUTIONS: Shortchanges Workers' Wages, Barahona Suit Says ------------------------------------------------------------------- Alexi Barahona, individually, and on behalf of others similarly situated, Plaintiffs, v. Atlantic Solutions Group Inc., BaronHR, LLC, National Retail Systems, Inc., National Retail Transportation, Inc. and Does 1 through 100, inclusive, Defendants, Case No. 21STCV46359 (Cal. Super., December 23, 2021), seeks unpaid wages and interest thereon for Defendants' failure to pay for all hours worked and minimum wage rate, failure to authorize or permit required meal periods, and failure to authorize or permit required rest periods. The lawsuit also seeks statutory penalties for failure to provide accurate wage statements, waiting time penalties in the form of continuation wages for failure to timely pay employees all wages due upon separation of employment, reimbursement of business-related expenses, injunctive relief and other equitable relief, reasonable attorney's fees, costs and interest pursuant to California Labor Code and applicable Industrial Welfare Commission Wage Orders. Barahona was jointly employed by the Defendants as a non-exempt employee.[BN] Plaintiffs are represented by: Shoham J. Solouki, Esq. Grant Joseph Savoy, Esq. SOLOUKI SAVOY, LLP 316 W. 2nd Street, Suite 1200 Los Angeles, CA 90012 Telephone: (213) 814-4940 Facsimile: (213) 814-2550 AUTO SYSTEMS: Stephens Seeks to Certify FLSA Collective Action -------------------------------------------------------------- In the class action lawsuit captioned as LEE STEPHENS, on behalf of himself and others similarly situated, v. AUTO SYSTEMS CENTERS, INC. d/b/a MIDAS, Case No. 2:21-cv-05131-CMV (S.D. Ohio), the Plaintiff asks the Court to enter an order pursuant to Section 216(b) of the Fair Labor Standards Act (FLSA): 1. conditionally certifying this case as an FLSA collective action under Section 216(b) against the Defendant; 2. implementing a procedure whereby Court-approved Notice of FLSA claims is sent by U.S. mail and email to: "All current and former hourly, non-exempt service center employees 2 of Defendant who were paid for 40 or more hours of work, beginning three years prior to the filing date of this Motion and continuing through the date of the final disposition of this case;" 3. approving the proposed Notice and Consent forms; 4. directing Defendant to provide, within 14 days of an order granting conditional certification, a roster of all persons (the Potential Opt-In Plaintiffs") that includes their full names, their dates of employment, their locations worked, job titles, their last known mailing addresses, and their personal email addresses (the “Roster”); and 5. directing that the Court-approved Notice and Consent to Join forms be sent to such present and former employees within 14 days of receipt of the Roster using the Potential Opt-In Plaintiffs' mailing and email addresses. This case involves Defendant's off-the-clock and meal deduction policies and/or practices. The Named Plaintiff has submitted allegations and evidence that under these policies and/or practices, the Defendant requires its service center employees to perform substantive pre-shift and post-shift duties without compensating them for such off-the-clock time and deducts full meal breaks from its service center employees' daily hours worked for meal breaks that are either never taken or are interrupted with substantive work duties. These policies and/or practices deprive Defendant's hourly, non-exempt service center employees of their hard-earned overtime pay. A copy of the Plaintiff's motion to certify class dated Dec. 17, 2021 is available from PacerMonitor.com at https://bit.ly/3FGYFaa at no extra charge.[CC] The Plaintiff is represented by: Matthew J.P. Coffman, Esq. Adam C. Gedling, Esq. Kelsie N. Hendren, Esq. COFFMAN LEGAL, LLC 1550 Old Henderson Road, Suite No. 126 Columbus, OH 43220 Telepone: 614-949-1181 Facsimile: 614-386-9964 E-mail: mcoffman@mcoffmanlegal.com agedling@mcoffmanlegal.com khendren@mcoffmanlegal.com AVONDALE CARE: Severino Sues Over Home Health Aides' Unpaid OT -------------------------------------------------------------- KEILA SEVERINO, individually and on behalf of all others similarly situated, Plaintiff v. AVONDALE CARE GROUP, LLC, Defendant, Case No. 1:21-cv-10720 (S.D.N.Y., December 15, 2021) is a class action against the Defendant for violations of the Fair Labor Standards Act and the New York Labor Law including failure to pay overtime wages, failure to pay spread-of-hours premium, and failure to provide accurate wage statements. The Plaintiff worked for the Defendant as a home health aide in New York from approximately fall of 2018 until the fall of 2019. Avondale Care Group, LLC is a home care services agency, with its offices located at 505 8th Avenue, Suite 200, New York, New York. [BN] The Plaintiff is represented by: Matt Dunn, Esq. GETMAN, SWEENEY & DUNN, PLLC 260 Fair Street Kingston, NY 12401 Telephone: (845) 255-9370 Facsimile: (845) 255-8649 E-mail: mdunn@getmansweeney.com - and – Philip Bohrer, Esq. Scott E. Brady, Esq. BOHRER BRADY LLC 8712 Jefferson Highway, Ste. B Baton Rouge, LA 70809 Telephone: (225) 925-5297 Facsimile: (225) 231-7000 E-mail: Phil@bohrerbrady.com Scott@bohrerbrady.com B'ABOVE WORLDWIDE: Garcia Seeks Minimum & OT Wages Under FLSA, NYLL ------------------------------------------------------------------- ELVIS GLORIS GARCIA v. B'ABOVE WORLDWIDE INSTITUTE, INC. And ELIEZER VOGEL and NOAH VOGEL, Case No. 1:21-cv-07127 (S.D.N.Y., Dec. 27, 2021) is a class action seeking to recover unpaid minimum wages and overtime wages pursuant to the Fair Labor Standards Act of 1938 and the New York Labor Law including applicable liquidated damages, interest, attorneys' fees, and costs. The Plaintiff contends that she worked for Defendants in excess of 40 hours per week, without appropriate compensation for the hours over 40 per week that she worked. Rather, the Defendants allegedly failed to pay Plaintiff appropriately for any hours worked over 40, either at the straight rate of pay or for any additional overtime premium. The Plaintiff was a former employee of Defendants, employed as to cook, clean, change diapers and do whatever was needed at the childhood education school managed and owned by the Defendants. The Defendants owned, operated, and/or controlled a group of Child Day Care Services around the Tri-State Area.[BN] The Plaintiff is represented by: Lina Stillman, Esq. STILLMAN LEGAL PC 42 Broadway, 12th Floor New York, NY 10004 Telephone: (800) 933-5620 E-mail: ls@stillmanlegalpc.com BATH & BODY: Case Management Order Entered in Perez Class Suit -------------------------------------------------------------- In the class action lawsuit captioned as CARMEN PEREZ, et al., v. BATH & BODY WORKS, LLC, et al., Case No. 5:21-cv-05606-BLF (N.D. Cal.), the Hon. Judge Beth Labson Freeman entered a case management order as follows: -- The presumptive limits on discovery set forth in the Federal Rules of Civil Procedure shall apply to this case unless otherwise ordered by the Court. -- The deadline for joinder of any additional parties, or other amendments to the pleadings, is sixty days after entry of this order. -- The deadline for the parties to meet, confer, and submit a stipulation and order 20 setting all deadlines not set by the Court below, including discovery cut-offs and 21 expert disclosure deadlines, is January 14, 2022. -- Unless previously ordered or stipulated, the parties shall meet and confer further in order to reach an agreement on an Alternative Dispute Resolution (ADR) process within 10 days of the date of this Order. -- All disputes with respect to disclosures or discovery are referred to the assigned Magistrate Judge. -- The following schedule and deadlines shall apply: Event Date or Deadline -- Last Day to Request Leave 60 Days from Date of to Amend the Pleadings this Order per F.R.Civ.P 15 -- Last Day File Motion Class Dec. 2, 2022 Certification -- Last Day to Hear Dispositive Feb. 22, 2024 Motions -- Final Pretrial Conference May 16, 2024 -- Trial June 17, 2024 Bath & Body Works is an American retail store chain which sells soaps, lotions, fragrances, and candles. A copy of the Court's order dated Dec. 16, 2021 is available from PacerMonitor.com at https://bit.ly/3pAQab5 at no extra charge.[CC] BIMBO BAKERIES: Proposed Sched & Discovery Order Adopted in Elder ----------------------------------------------------------------- In the class action lawsuit captioned as VICKI ELDER, individually and on behalf of all others similarly situated, v. BIMBO BAKERIES USA, INC., Case No. 3:21-cv-00637-DWD (S.D. Ill.), the Hon. Judge David W. Dugan entered an order adopting joint report and proposed scheduling and discovery order. Judge Dugan said, "Having the Joint Report of the Parties and finding that the parties have complied with the requirements of Federal Rule of Civil Procedure 26(f) and Southern District of Illinois Local Rule 16.2(a), the Court hereby approves and enters the same. Depositions upon oral examination, interrogatories, requests for documents, and answers and responses thereto shall not be filed unless on order of the Court. Disclosures or discovery under Federal Rule of Civil Procedure 26(a) are to be filed with the Court only to the extent required by the final pretrial order, other Court order, or if a dispute arises over the disclosure or discovery and the matter has been set for briefing. The parties should note that they may, pursuant to Federal Rule of Civil Procedure, modify discovery dates set in the Joint Report by written stipulation, except that they may not modify a date if such modification would impact (1) the date of any court appearance, (2) the deadline for completing the mandatory mediation session or the mandatory mediation process (if applicable), (3) the deadline for completing all discovery, or (4) the deadline for filing dispositive motions. Judge Dugan adds. Bimbo Bakeries is the American corporate north-of-the-border arm of the Mexican multinational bakery product manufacturing company Grupo Bimbo. A copy of the Court's order dated Dec. 16, 2021 is available from PacerMonitor.com at https://bit.ly/3qvffn0 at no extra charge.[CC] BIOPLUS SPECIALTY: Faces Gilbert Class Action Suit Over Data Breach ------------------------------------------------------------------- BONNIE GILBERT, on behalf of herself and all others similarly situated v. BIOPLUS SPECIALTY PHARMACY SERVICES, LLC, Case No. 6:21-cv-02158-RBD-DCI (M.D. Fla., Dec. 27, 2021) arises out of a recent data breach involving information on Defendant's network, including the personally identifiable information ("PII") of its patients, such as names, dates of birth, addresses, and Social Security numbers, as well as protected health information ("PHI"), such as medical record numbers, current/former health plan member ID numbers, claims information, prescription medication information, and diagnoses. According to the complaint, the Data Breach compromised the Sensitive Information of approximately 350,000 current and former BioPlus patients ("Class Members"). Allegedly, BioPlus is responsible for allowing this Data Breach through its failure to implement and maintain reasonable data security safeguards, failure to exercise reasonable care in the hiring and supervision of its employees and agents, and failure to comply with industry-standard data security practices as well as federal and state laws and regulations governing data security and privacy, including security of PII and PHI, the lawsuit says. Despite its role in managing so much sensitive and personal PII and PHI, the Defendant failed to recognize and detect unauthorized third parties accessing its network, and failed to recognize the substantial amounts of data that had been compromised. Had Defendant properly maintained and monitored its information technology infrastructure, it would have discovered the invasion sooner - and/or prevented it altogether, the suit adds. The Defendant had numerous statutory, regulatory, and common law duties to Plaintiff and the Class Members to keep their PII, including PHI, confidential, safe, secure, and protected from unauthorized disclosure or access, including duties under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). The Plaintiff and Class Members rely upon Defendant to maintain the security and privacy of the Sensitive Information entrusted to it; when providing their Sensitive Information, they reasonably expected and understood that Defendant would ensure that it would comply with the obligation to keep Plaintiff's Sensitive Information secure and safe from unauthorized access. BioPlus Specialty is a national specialty pharmacy that provides a complete range of specialty pharmacy services for patients with cancer, infusion, multiple sclerosis, hepatitis C, and other complex chronic conditions.[BN] The Plaintiff is represented by: John A. Yanchunis, Esq. Ryan D. Maxey, Esq. MORGAN & MORGAN COMPLEX LITIGATION G ROUP 201 N. Franklin Street, 7th Floor Tampa, Florida 33602 Telephone: (813) 223-5505 E-mail: jyanchunis@ForThePeople.com rmaxey@ForThePeople.com - and - Terence R. Coates, Esq. Dylan J. Gould, Esq. MARKOVITS , STOCK & DEMARCO, LLC 3825 Edwards Road, Suite 650 Cincinnati, OH 45209 Telephone: (513) 651-3700 Facsimile: (513) 665-0219 E-mail: tcoates@msdlegal.com dgould@msdlegal.com BLACKBERRY LIMITED: Discovery Underway in Misrepresentation Suit ---------------------------------------------------------------- Discovery is proceeding in a 2014 class action alleging statutory misrepresentation claims against BlackBerry Limited in Canada, the Company disclosed in its Quarterly Report on Form 10-Q for the quarterly period ended November 30, 2021. Between October and December 2013, several purported class action lawsuits and one individual lawsuit were filed against the company and certain of its former officers in various jurisdictions in the U.S. and Canada alleging that they made materially false and misleading statements regarding the company's financial condition and business prospect. These class actions are still pending in their respective court of jurisdiction. On July 23, 2014, the plaintiffs in a putative Ontario class action filed a motion for certification and leave to pursue statutory misrepresentation claims. On November 16, 2015, the Ontario Superior Court of Justice issued an order granting the plaintiffs’ motion for leave to file a statutory claim for misrepresentation. On December 2, 2015, the Company filed a notice of motion seeking leave to appeal this ruling. On January 22, 2016, the Court postponed the hearing on the plaintiffs’ certification motion to an undetermined date after asking the Company to file a motion to dismiss the claims of the U.S. plaintiffs for forum non conveniens. Before that motion was heard, the parties agreed to limit the class to purchasers who reside in Canada or purchased on the Toronto Stock Exchange. On November 15, 2018, the Court denied the Company’s motion for leave to appeal the order granting the plaintiffs leave to file a statutory claim for misrepresentation. On February 5, 2019, the Court entered an order certifying a class comprised persons (a) who purchased BlackBerry common shares between March 28, 2013, and September 20, 2013, and still held at least some of those shares as of September 20, 2013, and (b) who acquired those shares on a Canadian stock exchange or acquired those shares on any other stock exchange and were a resident of Canada when the shares were acquired. Notice of class certification was published on March 6, 2019. The Company filed its Statement of Defence on April 1, 2019, and discovery is proceeding. BlackBerry Limited provides intelligent security software and services to enterprises and governments around the world based in Waterloo, Ontario. BLACKBERRY LIMITED: No Trial Date Yet in U.S. Securities Suit ------------------------------------------------------------- A trial date has not been set in the consolidated U.S. securities class action lawsuits against BlackBerry Limited, the Company disclosed in its Quarterly Report on Form 10-Q for the quarterly period ended November 30, 2021. Between October and December 2013, several purported class action lawsuits and one individual lawsuit were filed against the Company and certain of its former officers in various jurisdictions in the U.S. and Canada alleging that the Company and certain of its officers made materially false and misleading statements regarding the Company's financial condition and business prospects and that certain of the Company's financial statements contain material misstatements. The individual lawsuit was voluntarily dismissed. On March 14, 2014, the four putative U.S. class actions were consolidated in the U.S. District Court for the Southern District of New York, and on May 27, 2014, a consolidated amended class action complaint was filed. On March 13, 2015, the Court issued an order granting the Company's motion to dismiss. The Court denied the plaintiffs' motion for reconsideration and for leave to file an amended complaint on November 13, 2015. On August 24, 2016, the U.S. Court of Appeals for the Second Circuit affirmed the District Court order dismissing the complaint, but vacated the order denying leave to amend and remanded to the District Court for further proceedings in connection with the plaintiffs' request for leave to amend. The Court granted the plaintiffs' motion for leave to amend on September 13, 2017. On September 29, 2017, the plaintiffs filed a second consolidated amended class action complaint, which added the Company's former Chief Legal Officer as a defendant. The Court denied the motion to dismiss the Second Amended Complaint on March 19, 2018. On January 4, 2019, the Court issued an order placing the case on its suspense calendar but allowed fact and expert discovery to continue. On August 2, 2019, the Magistrate Judge issued a Report and Recommendation that the Court grant the defendants' motion for judgment on the pleadings dismissing the claims of additional plaintiffs Cho and Ulug. On September 24, 2019, the District Court Judge accepted the Magistrate Judge's recommendation and dismissed the claims of Cho and Ulug against all defendants. On October 17, 2019, Cho and Ulug filed a Notice of Appeal. The District Court removed the case from its suspense calendar on May 29, 2020. Plaintiffs filed a motion for class certification on June 8, 2020. All discovery was completed as of November 13, 2020. On January 26, 2021, the District Court granted the plaintiffs' motion for class certification. The class includes "all persons who purchased or otherwise acquired the common stock of BlackBerry Limited on the NASDAQ during the period from March 28, 2013, through and including September 20, 2013." The class excludes (a) all persons and entities who purchased or otherwise acquired BlackBerry Limited common stock between March 28, 2013, and April 10, 2013, and who sold all their BlackBerry Limited common stock before April 11, 2013, and (b) the Defendants, officers and directors of BlackBerry Limited, members of their immediate families and their legal representatives, heirs, successors, or assigns, and any entity in which any of the Defendants have or had a controlling interest. On February 9, 2021, the defendants filed a Rule 23(f) petition for interlocutory review of the class certification order with the Second Circuit Court of Appeals. The Second Circuit Court of Appeals denied the Rule 23(f) petition on June 23, 2021. The Second Circuit Court of Appeals affirmed the District Court judgment dismissing Cho and Ulug's claims on March 11, 2021, and denied Cho and Ulug's petition for panel rehearing and rehearing en banc on April 28, 2021. On April 19, 2021, Defendants filed a motion for summary judgment, and both parties filed Daubert motions to exclude the testimony of the oppositions' marketing and accounting experts. Both sides filed oppositions to these motions on June 21, 2021. Defendants filed a reply in support of their summary judgment motion and a motion to strike Plaintiffs' response to Defendants' separate statement of undisputed facts on July 22, 2021. Plaintiffs filed an opposition to the motion to strike on August 5, 2021, and Defendants filed a reply in support on August 10, 2021. On August 13, 2021, Plaintiffs filed an unopposed motion for approval of a class notice plan. On September 10, 2021, the Court (i) granted in part and denied in part the parties' Daubert motions and (ii) granted the plaintiffs' unopposed motion for approval of the class notice plan. Postcard notice was mailed on October 8, 2021; publication notice was issued starting on October 18, 2021. On May 5, 2021, the parties participated in a mediation with the Hon. Layn Phillips (ret.), which did not result in an agreement. The Court has not set a trial date. BLACKBERRY LTD: Discovery Underway in Ontario Labor Suit -------------------------------------------------------- Discovery is proceeding in a 2017 employment class action against BlackBerry Limited in Canada, the Company disclosed in its Quarterly Report on Form 10-Q for the quarterly period ended November 30, 2021. On February 15, 2017, a putative employment class action was filed against the company in the Ontario Superior Court of Justice. The Statement of Claim alleges that actions the company took when certain of its employees decided to accept offers of employment from Ford Motor Company of Canada amounted to a wrongful termination of the employees' employment with the company. The claim seeks an unspecified quantum of statutory, contractual, or common law termination entitlements, punitive or breach of duty of good faith damages of CAD$20,000,000, prejudgment and post-judgment interest, attorneys' fees and costs and such other relief as the Court deems just. The Company filed its Statement of Defense on December 19, 2019, and discovery is proceeding. BlackBerry Limited provides intelligent security software and services to enterprises and governments around the world based in Waterloo, Ontario. BRADLEY COUNTY, TN: Filing of Class Cert. Bid Due May 2, 2022 ------------------------------------------------------------- In the class action lawsuit captioned as DARRELL EDEN, on behalf of himself and others similarly situated, v. BRADLEY COUNTY, TENNESSEE, et al., Case No. 1:18-cv-00217-CHS (E.D. Tenn.), the Hon. Judge Christopher H. Steger entered an order that: 1. Mediation -- Counsel for the parties shall schedule and participate in a mediation in this case by February 28, 2022, absent some request for a reasonable extension of time by either party. -- Each party shall arrange to have client representatives attend the mediation with sufficient authority to resolve the case. -- Within two weeks after the mediation, the parties shall provide a written report to the undersigned concerning the status of the mediation and whether a settlement was achieved. 2. Class Certification -- The Plaintiffs shall file their motion for class certification by May 2, 2022. -- The Defendants shall file any response in opposition to the motion for class certification by July 11, 2022. Bradley County is a county located in the southeastern portion of the U.S. state of Tennessee. A copy of the Court's order dated Dec. 20, 2021 is available from PacerMonitor.com at https://bit.ly/3sOrAWa at no extra charge.[CC] BURLINGTON RESOURCES: 3rd Amended Class Cert Sched Order Entered ---------------------------------------------------------------- In the class action lawsuit captioned as SALLY E. RICE, as trustee for the Winston Lawrence Rice Trust, on behalf of herself and all others similarly situated, v. BURLINGTON RESOURCES OIL & GAS COMPANY LP, Case No. 4:20-cv-00431-GKF-SH (N.D. Okla.), the Court entered a third amended class certification scheduling order as follows: 1. Documents previously produced May 24, 2022 by Parties shall be deemed authenticated: 2. Class Certification Motion and May 24, 2022 Plaintiff's expert disclosures: 3. Response to Class Certification July 25, 2022 Motion and Defendant's expert disclosures: 4. Reply to Class Certification Aug. 24, 2022 Motion: 5. Class Certification Discovery Aug. 24, 2022 cutoff: 6. Hearing on Class Certification Sept. 30, 2022 Motion Burlington owns and operates oil and gas wells. The Company explore and produce oil and natural gas. A copy of the Court's order dated Dec. 17, 2021 is available from PacerMonitor.com at https://bit.ly/3EILioD at no extra charge.[CC] CALIFORNIA STATE UNIVERSITY: Class Cert Reply Due May 6, 2022 ------------------------------------------------------------- In the class action lawsuit captioned as TAYLOR ANDERS, HENNESSEY EVANS, ABBIGAYLE ROBERTS, MEGAN WALAITIS, TARA WEIR, AND COURTNEY WALBURGER, individually and on behalf of all those similarly situated, v. CALIFORNIA STATE UNIVERSITY, FRESNO, AND BOARD OF TRUSTEES OF CALIFORNIA STATE UNIVERSITY, Case No. 1:21-cv-00179-AWI-BAM (E.D. Cal.), the Court entered a preliminary scheduling order as follows: -- Class Certification Opposition March 6, 2022 Deadline: -- Class Certification Motion Filing Feb. 4, 2022 Deadline: -- Class Certification Reply: May 6, 2022 -- Motion Hearing set for: May 16, 2022 The California State University is a public university system in California. A copy of the Court's order dated Dec. 17, 2021 is available from PacerMonitor.com at https://bit.ly/3qvt5pm at no extra charge.[CC] CALMET SERVICES: Briefing Schedule Entered in Juarez Suit --------------------------------------------------------- In the class action lawsuit captioned as Genaro Juarez v. Calmet Services, Inc., et al., Case No. 2:21-cv-08922-PA-RAO (C.D. Cal.), the Hon. Judge Percy Anderson entered an order as follows: -- The Court continues the briefing schedule and hearing date on the Motion for Judgment on the Pleadings filed by defendants Calmet Services, Inc. and Calmet Properties, LLC. -- The Plaintiff Genaro Juarez' Opposition shall be filed by no later than January 10, 2022. -- The Defendants' Reply shall be filed by no later than January 17, 2022. -- The hearing on the Motion for Judgment on the Pleadings is continued to January 31, 2022, at 1:30 p.m. Calmet Services, Inc. was founded in 1966. The company's line of business includes the collection and disposal of refuse systems. A copy of the Court's order dated Dec. 16, 2021 is available from PacerMonitor.com at https://bit.ly/3HkBl2d at no extra charge.[CC] CENTRAL PAYMENT: Loses Bid to Decertify Class in CHDBY Suit ----------------------------------------------------------- In the class action lawsuit captioned as CUSTOM HAIR DESIGNS BY SANDY, LLC, on behalf of themselves and all others similarly situated; and SKIP'S PRECISION WELDING, LLC, on behalf of themselves and all others similarly situated; v. CENTRAL PAYMENT CO., LLC, Case No. 8:17-cv-00310-JFB-CRZ (D. Neb.), the Hon. Judge Joseph F. Bataillon entered an order: 1. denying the motion to exclude the Proposed Testimony of Steve W. Browne; 2. denying the motion for Partial Summary Judgment on Defendant's Liability for Express Breach of Contract; 3. denying the motion to Exclude All Testimony of Patrick Moran and Limited Testimony of Ian Ratner; 4. denying motion for Partial Summary Judgment; 5. denying motion to decertify the Class; and 6. denying motion to continue trial; Central Payment provides transaction processing services. The Company offers automated teller machine, and debit services. A copy of the Court's order dated Dec. 20, 2021 is available from PacerMonitor.com at https://bit.ly/3mJvawY at no extra charge.[CC] CHASE DENNIS: Class Cert. Briefing Sched, Hearing Date Vacated -------------------------------------------------------------- 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 Hon. Judge Beth Labson Freeman entered an order granting the stipulation and vacates the class certification briefing schedule and hearing date. Chase Dennis Emergency Medical Group Inc is a provider established in Santa Rosa, California specializing in emergency medicine. A copy of the Court's order dated Dec. 16, 2021 is available from PacerMonitor.com at https://bit.ly/315qsBS 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 COFFEYVILLE RESOURCES: El Dorado Sues Over Interest Owed Under PRSA ------------------------------------------------------------------- EL DORADO MINERALS, LLC, on behalf of itself and all others similarly situated, Plaintiff v. COFFEYVILLE RESOURCES REFINING & MARKETING, LLC, Defendant, Case No. 4:21-cv-00542-GKF-JFJ (N.D. Okla., December 15, 2021) is a class action against the Defendant for breach of statutory obligation to pay the proper amounts of interest under the Production Revenue Standards Act. The case arises from the Defendant's alleged willful and ongoing violations of Oklahoma law related to the interest owed on late payments of proceeds derived from the sale of oil and gas production to those legally entitled to the proceeds, including the Plaintiff. El Dorado Minerals, LLC is a limited liability company with its principal place of business in Oklahoma City, Oklahoma. Coffeyville Resources Refining & Marketing, LLC is a purchaser of crude oil for multiple oil and gas wells, with its principal place of business located in Sugar Land, Texas. [BN] The Plaintiff is represented by: Reagan E. Bradford, Esq. Ryan K. Wilson, Esq. BRADFORD & WILSON PLLC 431 W. Main Street, Suite D Oklahoma City, OK 73102 Telephone: (405) 698-2770 Facsimile: (405) 234-5506 E-mail: reagan@bradwil.com ryan@bradwil.com - and – John Paul Albert, Esq. NEEDHAM & ASSOCIATES, PLLC 410 N. Walnut Ave., Suite 110 Oklahoma City, OK 73104 Telephone: (405) 297-0176 E-mail: jpalbert@tnc.energy - and – Brady L. Smith, Esq. BRADY SMITH LAW, PLLC One Leadership Square, Suite 1320 211 N. Robinson Ave. Oklahoma City, OK 73102 Telephone: (405) 293-3029 E-mail: brady@blsmithlaw.com CONTINENTAL EXCHANGE: Violates Wage & Hour Laws, Ibarra Suit Says ----------------------------------------------------------------- KARINA GOMEZ IBARRA, on behalf of herself and all others similarly aggrieved employees, v. CONTINENTAL EXCHANGE SOLUTIONS, INC. DBA RIA MONEY TRANSFER, a California Corporation; and DOES 1-50, inclusive, Case No. 21STCV46914 (Cal. Super., Los Angeles Cty., Dec. 23, 2021) alleges that Continental Exchange violated wage and hour laws with respect to Plaintiff and other aggrieved employees by failing to provide, e.g. accurate and itemized wages statements, payment for all hours worked (including regular wages and overtime), failure to provide a minimum wage lawful meal periods, lawful rest periods, timely payment during employment, failure to reimburse for expenses incurred during the course and scope of employment, and payment upon separation of employment. The Defendant employed the Plaintiff as a bank teller worker from June 29, 2020, to September 2021. The Defendant employed Plaintiff and other aggrieved employees as non-exempt employees. On many occasions, the Plaintiff contends that she and aggrieved employees would work more than 8 hours per day or 40 hours per week without overtime pay. They would not receive all compensable work time or their work time was illegally rounded. Similarly aggrieved employees would be paid overtime at an illegally calculated rate, the Plaintiff says.[BN] The Plaintiff is represented by: Justin Lo, Esq. May T. To, Esq. WORK LAWYERS, PC 22939 Hawthorne Blvd., #202 Torrance, CA 90505 Telephone: (424) 355-8535 Facsimile: (424) 355-8335 E-mail: Justin@caworklawyer.com May@caworklawyer.com DAVE'S KILLER: Bread Products Mislabeled, Swartz Suit Alleges ------------------------------------------------------------- DAVID SWARTZ, as an individual, on behalf of himself, the general public and those similarly situated v. DAVE'S KILLER BREAD, INC. AND FLOWERS FOODS, INC., Case No. 4:21-cv-10053-DMR (N.D. Cal. Dec. 29, 2021) contends that the Defendants' advertising and labeling of Dave's Killer Bread products as containing and providing specific amounts of protein per serving is unlawful, misleading, and intended to induce consumers to purchase the products at a premium price, while ultimately failing to meet consumer expectations. These alleged representations deceive and mislead reasonable consumers into believing that a serving of the Products will provide the grams of protein as represented on the label, when in fact, correcting for the Products poor protein quality through PDCAAS, the amount provided will be approximately half or less because Defendants uses proteins of low biological value to humans in its products, such as wheat and oats. Mr. Swartz brings this class action against the Defendants to seek redress for their unlawful and deceptive practices in labeling and marketing their consumer food products sold under the brand name Dave's Killer Bread. Consumers are increasingly health conscious and, as a result, many consumers seek foods high in protein. To capitalize on this trend, the Defendants prominently label some of their consumer food products as providing specific amounts of protein per serving depending on the product, such as "5g PROTEIN" on the front labels of both the Dave's Killer Bread Whole Grains and Seeds bread and the Dave's Killer Bread Good Seed bread. Consumers, in turn, reasonably expect that each product will actually provide the amount of protein per serving claimed on the front of the product package, the lawsuit adds. The Defendants manufacture, distribute, market, advertise and sell a variety of flavors of bread under the brand name "Dave's Killer Bread." Most of these products have packaging that predominately, uniformly, and consistently states on the principal display panel of the product labels that they contain and provide a certain amount of protein per serving.[BN] The Plaintiff is represented by: Seth A. Safier, Esq. Marie A. McCrary, Esq. Hayley Reynolds, Esq. GUTRIDE SAFIER LLP 100 Pine Street, Suite 1250 San Francisco, CA 94111 Telephone: (415) 336-6545 Facsimile: (415) 449-6469 DAVID SHINN: Williams Files Suit in D. Arizona ---------------------------------------------- A class action lawsuit has been filed against David Shinn, et al. The case is styled as DaJuan Torrell Williams, and other like and similarly situated ADC Inmates v. David Shinn, Director of Arizona Department of Corrections; C Amos, Eyman Complex Inmate Trust Account Business Manager; Unknown Party, named as Doe #1, ADC Central Office ITA Business Manager; Unknown Party, named as Doe #2, Eyman Complex ITA Staff; Unknown Party, named as Doe #3, Florence Complex ITA Business Manager; Charles L Ryan, Former Director of ADC, Case No. 2:21-cv-02151-MTL--CDB (D. Ariz., Dec. 15, 2021). The nature of suit is stated as Prisoner Civil Rights. David Shinn is the Director of the Arizona Department of Corrections.[BN] The Plaintiff is represented by: Jonathan Phillip Rubin, Esq. LAW OFFICE OF JONATHAN P. RUBIN, PLLC 3000 Marcus Ave., Ste 1e5 Lake Success, NY 11042 Phone: (917) 957-0978 Email: jprubinesq@gmail.com DE PAOLA TRADING: Faces Jaeger ERISA Suit Over Pension Plan Assets ------------------------------------------------------------------ BRYAN JAEGER, individually and on behalf of all persons similarly situated v. PETER DE PAOLA and DE PAOLA TRADING, INC., Case No. 1:21-cv-11079 (S.D.N.Y., Dec. 27, 2021) is an action pursuant to the Employee Retirement Income Security Act of 1974 in which the Plaintiff Jaeger asserts claims of breach of fiduciary duty including the imprudent investment of pension plan assets. According to the complaint, because Defendants have refused to provide the Plaintiff with any information concerning such investments, the Plaintiff has had to rely solely on publicly available information and what may be surmised from that information. As such, certain allegations are based on information and belief. Such allegations, the Plaintiff believes, will be borne out by discovery, says the suit. The Plaintiff is a natural person and a former employee of Defendant De Paola Trading, Inc. He is a participant in the Plan within the meaning of ERISA. De Paola Trading is a broker-dealer incorporated in the state of New York the principal business of which is buying and selling securities on behalf of its customers. The Company is also the Plan Sponsor of the Profit Sharing Plan within the meaning of ERISA.[BN] The Plaintiff is represented by: David S. Preminger, Esq. Gary A. Gotto, Esq. KELLER ROHRBACK L.L.P. 1140 6th Avenue, Ninth Floor New York, NY 10036 Telephone: (646) 380-6690 Facsimile: (646) 380-6692 E-mail: dpreminger@kellerrohrback.com ggotto@kellen-ohrback.com DLY CASE: Andreu Suit Seeks OT, Minimum Wages Under FLSA, FMWA -------------------------------------------------------------- RICARDO ANDREU, CARMEN CELESTRIN and FRANCISCO MALDONADO, on behalf of themselves and all similarly situated individuals v. DLY CASE MANAGEMENT SERVICES, LLC, a Florida Limited Liability Company, DAINELYS CRUZ individually and MAIKEL LOPEZ, SR., individually Case No. 1:21-cv-24465-XXXX (S.D. Fla., Dec. 28, 2021) is an action for damages and other relief for unpaid wages, unpaid overtime wages and for damages for retaliation pursuant to the Fair Labor Standards Act and the Florida Minimum Wage Act. This complaint is brought on behalf of the Plaintiffs and all others similarly situated who worked for the Defendants. During the relevant time period to this complaint, DLY contracted with the State of Florida, Agency for Health Care Administration, to provide managed care, for eligible enrollees under the Medicaid program. Under the contract, DLY is required to provide to Medicaid enrollees case management and care coordination services including assisting enrollees in accessing medical, social and educational services.[BN] The Plaintiffs are represented by: Nathaly Saavedra, Esq. Juan J. Perez, Esq. PEREGONZA THE ATTORNEYS, PLLC 1414 NW 107th Ave., Suite 302 Doral, FL 33172 Telephone: (786) 650-0202 Facsimile: (786) 650-0200 E-mail: nathaly@peregonza.com juan@peregonza.com ENERGY TRANSFER: Class Cert. Deadlines Extended in Allegheny Suit ----------------------------------------------------------------- In the class action lawsuit captioned as ALLEGHENY COUNTY EMPLOYEES' RETIREMENT SYSTEM, EMPLOYEES' RETIREMENT SYSTEM OF THE CITY OF BATON ROUGE AND PARISH OF EAST BATON ROUGE, DENVER EMPLOYEES RETIREMENT PLAN, INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS NATIONAL PENSION FUND, and IOWA PUBLIC EMPLOYEES' RETIREMENT SYSTEM, Individually and On Behalf of All Others Similarly Situated, v. ENERGY TRANSFER LP, KELCY L. WARREN, THOMAS E. LONG, MARSHALL MCCREA, and MATTHEW S. RAMSEY, Case No. 2:20-cv-00200-GAM (E.D. Pa.), the Hon. Judge Gerald Austin McHugh entered an order regarding extension of the class certification deadlines as follows: 1. The Defendants' deadline to complete class certification depositions of Lead Plaintiffs and their class certification expert shall move from November 22, 2021 to January 10, 2022; 2. The Defendants' deadline to file their brief and other materials in opposition to Lead Plaintiffs' motion for class certification shall move from January 21, 2022 to March 1, 2022; 3. The Lead Plaintiffs' deadline to complete class certification depositions of Defendants' class certification expert(s) shall move from February 22, 2022 to March 25, 2022; and 4. The Lead Plaintiffs' deadline to file their reply brief and other materials in further support of the motion for class certification shall move from March 21, 2022 to April 22, 2022. Other than as agreed, the deadlines of the Case Management Order shall remain in effect except as modified by the Court or agreement of the Parties in accordance with the terms of the Case Management Order, says Judge McHugh. Energy Transfer is a company engaged in natural gas and propane pipeline transport. It is organized under Delaware state laws and headquartered in Dallas, Texas. It was founded in 1995 by Ray Davis and Kelcy Warren, who remains Chairman and CEO. A copy of the Court's order dated Dec. 16, 2021 is available from PacerMonitor.com at https://bit.ly/3eufxVu at no extra charge.[CC] The Plaintiffs are represented by: Jeffrey W. Golan, Esq. Robert A. Hoffman, Esq. Jeffrey A. Barrack, Esq. Chad A. Carder, Esq. Meghan J. Talbot, Esq. BARRACK, RODOS & BACINE 3300 Two Commerce Square 2001 Market Street Philadelphia, PA 19103 Telephone: (215) 963-0600 Facsimile: (215) 963-0838 E-mail: jgolan@barrack.com rhoffman@barrack.com jbarrack@barrack.com - and - John C. Browne, Esq. Adam H. Wierzbowski, Esq. Michael M. Mathai, Esq. James M. Fee, Esq. BERNSTEIN LITOWITZ BERGER & GROSSMANN LLP 1251 Avenue of the Americas New York, NY 10020 Telephone: (212) 554-1400 Facsimile: (212) 554-1444 E-mail: johnb@blbglaw.com adam@blbglaw.com michael.mathai@blbglaw.com james.fee@blbglaw.com.com The Defendants are represented by: Michael C. Holmes, Esq. Craig E. Zieminski, Esq. Robert Ritchie, Esq. VINSON & ELKINS LLP 2001 Ross Ave., Suite 3900 Dallas, TX 75201 Telephone: (214) 220-7700 Facsimile: (214) 999-7814 E-mail: mholmes@velaw.com czieminski@velaw.com rritchie@velaw.com - and - Marc J. Sonnenfeld, Esq. Karen Pieslak Pohlman, Esq. Laura H. McNally, Esq. Amanda F. Lashner, Esq. MORGAN, LEWIS & BOCKIUS LLP 1701 Market Street Philadelphia, PA 19103-2921 Telephone: (215) 963-5000 Facsimile: (215) 963-5001 E-mail: marc.sonnenfeld@morganlewis.com karen.pohlmann@morganlewis.com laura.mcnally@morganlewis.com amandalashner@morganlewis.com FARADAY FUTURE: Faces Zhou Securities Suit Over Share Price Drop ---------------------------------------------------------------- JIAN ZHOU, Individually and on Behalf of All Others Similarly Situated v. FARADAY FUTURE INTELLIGENT ELECTRIC INC. f/k/a PROPERTY SOLUTIONS ACQUISITION CORP., CARSTEN BREITFELD, ZVI GLASMAN, WALTER J. MCBRIDE, JORDAN VOGEL, AARON FELDMAN, and YUETING JIA, Case No. 2:21-cv-09914 (C.D. Cal., Dec. 23, 2021) is a class action on behalf of persons and entities that purchased or otherwise acquired Faraday Future securities between January 28, 2021 and November 15, 2021 pursuing claims against the Defendants under the Securities Exchange Act of 1934. Faraday Future claims it designs and engineers next-generation smart electric connected vehicles. PSAC was a special purpose acquisition company formed for the purpose of effecting a merger, capital stock exchange, asset acquisition, stock purchase, reorganization, or similar business combination with one or more businesses. On January 28, 2021, PSAC and FF Intelligent Mobility Global Holdings Ltd. announced that PSAC and Legacy FF entered into a definitive agreement for a business combination, and that the combined company would be renamed Faraday Future (the "Business Combination"). On July 21, 2021, Faraday Future announced that it had completed the Business Combination and that its common stock and warrants would commence trading on the NASDAQ on July 22, 2021 under the ticker symbols "FFIE" and "FFIEW", respectively. On October 7, 2021, J Capital Research published a report alleging, among other things, that Faraday Future was unlikely to ever sell a car, noting that after eight years in business, the Company has "failed to deliver a car," "has reneged on promises to build factories in five localities in the U.S. and China," "is being sued by dozens of unpaid suppliers," and "has failed to disclose that assets in China have been frozen by courts." Moreover, the report alleged that Faraday Future's claimed 14,000 deposits are fabricated because 78% of these reservations were made by a single undisclosed company that is likely an affiliate. The report further alleges that contrary to representations of progress toward manufacturing made by Faraday Future in September 2021, former engineering executives did not believe that the car was ready for production. On this news, the Company's share price fell $0.35 per share, or more than 4%, to close at $8.05 per share on October 8, 2021. On November 15, 2021, Faraday Future announced that it would be unable to file its Form 10-Q for the fiscal quarter ended September 30, 2021 on time. Faraday Future further announced that its board of directors "formed a special committee of independent directors to review allegations of inaccurate disclosures," including the claims in the J Capital report. On this news, the Company's share price fell $0.28 per share, or approximately 3%, to close at $8.83 per share on November 16, 2021. Throughout the Class Period, the Defendants allegedly made materially false and/or misleading statements, as well as failed to disclose material adverse facts about the Company's business, operations, and prospects. Specifically, the Defendants failed to disclose to investors that the Company had assets in China frozen by courts. The Plaintiff purchased Faraday Future securities during the Class Period, and suffered damages as a result of the alleged federal securities law violations and false and/or misleading statements and/or material omissions. Faraday Future claims it designs and engineers next-generation smart electric connected vehicles.[BN] The Plaintiff is represented by: Robert V. Prongay, Esq. Charles H. Linehan, Esq. Pavithra Rajesh, Esq. GLANCY PRONGAY & MURRAY LLP 3 1925 Century Park East, Suite 2100 Los Angeles, CA 90067 Telephone: (310) 201-9150 Facsimile: (310) 201-9160 E-mail: clinehan@glancylaw.com - and - Howard G. Smith, Esq. LAW OFFICES OF HOWARD G. SMITH 3070 Bristol Pike, Suite 112 Bensalem PA 19020 Telephone: (215) 638-4847 Facsimile: (215) 638-4867 FCA US: Lipeles Seeks Extension to File Class Certification Bid --------------------------------------------------------------- In the class action lawsuit captioned as JAMIE LIPELES, an individual, on his own behalf and on behalf of all others similarly situated, v. FCA US LLC, and DOES 1 through 100, inclusive, Case No. 2:21-cv-00948-JFW-JEM (C.D. Cal.), the Plaintiff submits an Ex Parte Application for Extension to File Motion for Class Certification and for Extension of Discovery Deadline. The Plaintiff makes this Application on the ground that Defendant FCA US LLC has failed and refuses to respond to discovery seeking information necessary for Plaintiff's motion for class certification and for preparation of trial set for April 26, 2022, the lawsuit says. Due to Defendant's failure to provide this relevant and pertinent information, Plaintiff has been unable to prepare and file his motion for class certification. As Plaintiff anticipates that he will be forced to file a motion to compel further responses and documents, Plaintiff requests an extension of time to file his motion for class certification. In addition, as trial is set for April 26, 2022, the Plaintiff requests an extension of the discovery deadline so that Plaintiff can obtain this important discovery, the lawsuit adds. FCA US LLC designs, engineers, manufactures, and sells vehicles. The Company offers passenger cars, utility vehicles, mini-vans, trucks and commercial vans. A copy of the Plaintiff's motion dated Dec. 16, 2021 is available from PacerMonitor.com at https://bit.ly/3eydqjq at no extra charge.[CC] The Plaintiff is represented by: Kevin A. Lipeles, Esq. Thomas H. Schelly, Esq. Aleksandra Urban, Esq. LIPELES LAW GROUP, APC 880 Apollo Street, Suite 336 El Segundo, CA 90245 Telephone: (310) 322-2211 Facsimile: (310) 322-2252 FEDEX GROUND: Initial Case Management Order Amended in FLSA Suit ---------------------------------------------------------------- In the class action lawsuit captioned as JANE DOE and RUTH ZERON, on behalf of themselves and all similarly situated employees and a class of employees, v. FEDEX GROUND PACKAGE SYSTEM, INC. and ALLIED FACILITY CARE, LLC, Case No. 3:21-cv-00395 (M.D. Tenn.), the Plaintiffs ask the Court to enter an order amending its Initial Case Management Order: -- by extending Plaintiffs' deadline to file a motion for conditional certification of a collective action, to extend Plaintiffs' deadline to provide a deadline for its Rule 23 class certification motion ("Rule 23 Motion"); and -- to extend Allied's deadline to answer the Second Amended Complaint ("SAC") until January 20, 2021. The Court previously extended the Plaintiffs' deadline to file a motion for conditional certification of their FLSA claims until 7 days after the mediation scheduled for December 16, 2021. The Court also extended Allied's deadline to answer the SAC until December 23, 2021. The Court further granted Plaintiffs an indefinite extension of their deadline to file their Rule 23 Motion, approving a request from Plaintiffs for them to provide a date certain for that motion until after an unsuccessful mediation. Fedex Ground provides package delivery services. A copy of the Plaintiff's motion dated Dec. 20, 2021 is available from PacerMonitor.com at https://bit.ly/3pIVqcI at no extra charge.[CC] The Plaintiff is represented by: Charles P. Yezbak, III, Esq. N. Chase Teeples, Esq. YEZBAK LAW OFFICES PLLC 2021 Richard Jones Road, Suite 310A Nashville, TN 37215 E-mail: yezbak@yezbaklaw.com teeples@yezbaklaw.com The Attorneys for Allied are: Zachary S. Cate, Esq. BROWN PRUITT WAMBSGANSS DEAN FORMAN & MOORE, P.C. 600 N. Carroll Ave. Ste. 100 Southlake, TX 76092 E-mail: zcate@brownpruitt.com - and - Wendy L. Longmire, Esq. ORTALE KELLEY LAW FIRM 330 Commerce Street, Suite 110 Nashville, TN 37201 E-mail: wlongmire@ortalekelley.com GENERAL MOTORS: Faces Kennedy Class Suit Over EUV/EV Cars' Safety ----------------------------------------------------------------- DAVID KENNEDY, individually and on behalf of all others similarly situated v. GENERAL MOTORS COMPANY, and DOES 1 through 10, inclusive, Case No. 4:21-cv-09984 (N.D. Cal. Dec. 23, 2021) alleges that the Defendant falsely represents the 2020-2022 Chevrolet Bolt EV and 2022 Chevrolet Bolt EUV vehicles (the Class Vehicles) to be safe and functional for normal use. The Plaintiff contends that the Defendant is putting consumers' safety at risk. In fact, the Class Vehicles are not safe and functional for normal use as the batteries may ignite when the Class Vehicles are either fully charged or fall below 70 miles remaining mileage. Consumers also cannot park the Class Vehicles indoors overnight due to the risk of fire, says the Plaintiff. Allegedly, the Defendant has done nothing to remedy this issue. Simply put, the Defendant is prioritizing profits over the health and safety of consumers. The Chevrolet EVs have helped position Defendant second among auto manufacturers in the emerging EV market, with nearly a 10% share of battery-car segment in 2021. The Defendant markets the Class Vehicles in a systematically misleading manner by advertising them as safe and functional EVs. In reality, the Class Vehicles are neither safe nor functional for normal use due to the presence of lithium-ion battery modules, added the suit. The Defendant is a prominent market participant in the electric vehicle (EV) industry. In August 2021, the Defendant issued a recall notice for the Class Vehicles, stating that the Class Vehicles' batteries may ignite when nearing a full charge. The Defendant warned Plaintiff and Class Members that the Class Vehicles' charge should not exceed 90%, the battery mileage should not fall below 70 miles remaining, and the Class Vehicles should not be parked indoors overnight. This alleged battery defect presents a significant safety risk for Plaintiff and Class Members because of the inherent risk that the batteries may ignite when nearing full charge. Due to the battery defect and risk of fire, Plaintiff and Class Members are forced to make unforeseen accommodations take precautions that interfere with their normal and expected use of the Class Vehicles. The Defendant has violated Business & Professions Code section 17200, et seq., and Business & Professions Code section 17500, et seq. The Plaintiff also brings this action to address Defendant's state law breaches of express and implied warranties and failure to recall under state law, the suit further contends. Accordingly, Plaintiff and consumers have, suffered injury in fact caused by the false, fraudulent, unfair, deceptive, unlawful, and misleading practices set forth herein, and seek relief, as well as, inter alia, compensatory damages, statutory damages, restitution, and fees. The Defendant is the owner, manufacturer, and distributor of the Class Vehicle, and is the company that created and/or authorized the false, misleading, and deceptive representations for the Class Vehicles.[BN] The Plaintiff is represented by: Ryan J. Clarkson, Esq. Yana Hart, Esq. CLARKSON LAW FIRM, P.C. 22525 Pacific Coast Highway Malibu, CA 90265 Telephone: (213) 788-4050 Facsimile: (213) 788-4070 E-mail: rclarkson@clarksonlawfirm.com yhart@clarksonlawfirm.com - and - Ryan J. Clarkson, Esq. Yana Hart, Esq. CLARKSON LAW FIRM, P.C. 22525 Pacific Coast Highway Malibu, CA 90265 Telephone: (213) 788-4050 Facsimile: (213) 788-4070 E-mail: rclarkson@clarksonlawfirm.com yhart@clarksonlawfirm.com GENERAL MOTORS: Harrison Sues Over Defective Vehicles' AFM Lifters ------------------------------------------------------------------ DANNY HARRISON, CHRISTOPHER MCCLAVE, MELISSA LUSTER, LEON JORDAN, DANIEL DEMAREST, MARK HAYFORD, RONALD AND MARILYN JETT, and REBECCA PROSSER, individually and on behalf of all others similarly situated, Plaintiffs v. GENERAL MOTORS LLC, Defendant, Case No. 2:21-cv-12927-LJM-APP (E.D. Mich., December 15, 2021) is a class action against the Defendant for fraud by omission or fraudulent concealment, unjust enrichment, breach of express warranty, breach of the implied warranty of merchantability, and violations of the Magnuson-Moss Warranty Act, the Alabama Deceptive Trade Practices Act, the Connecticut Unlawful Trade Practices Act, the Florida Deceptive and Unfair Trade Practices Act, Georgia's Fair Business Practices Act, the Georgia Uniform Deceptive Trade Practices Act, the New Jersey Consumer Fraud Act, the Ohio Consumer Sales Practices Act, the Texas Deceptive Trade Practices Act, and the Washington Consumer Protection Act. The case arises from the Defendant's manufacturing, marketing, distribution, and sale of 2014 to 2021 Buick, Cadillac, Chevrolet, and GMC vehicles with defective Active Fuel Management (AFM) or Dynamic Fuel Management (DFM) valve train systems. When valve train components begin to fail, including lifters, rocker arms, and valve springs, the vehicle can lose power while being driven, hesitate, and the engine can misfire, stall, shudder, stutter, or surge. The valve train defect can leave drivers and passengers in dangerous situations. Despite access to aggregate internal data, the Defendant has actively concealed the existence of the defect by claiming that consumers are responsible for the lifter failures, despite the assurances of dealership technicians that there is no way to prevent the failure, and failing to authorize permanent or complete repairs under warranty. In this way, the Defendant has effectively and knowingly transferred the costs of repair to consumers, despite the promises of its express warranties, alleges the suit. General Motors LLC is an automobile manufacturer, with its principal place of business located at 300 Renaissance Center, Detroit, Michigan. [BN] The Plaintiffs are represented by: E. Powell Miller, Esq. Sharon S. Almonrode, Esq. Dennis A. Lienhardt, Esq. THE MILLER LAW FIRM, P.C. 950 West University Drive, Suite 300 Rochester, MI 48307 Telephone: (248) 841-2200 Facsimile: (248) 652-2852 E-mail: epm@millerlawpc.com ssa@millerlawpc.com dal@millerlawpc.com - and – Russell D. Paul, Esq. Abigail Gertner, Esq. Amey J. Park, Esq. Natalie Lesser, Esq. BERGER MONTAGUE PC 1818 Market Street, Suite 3600 Philadelphia, PA 19103 Telephone: (215) 875-3000 Facsimile: (215) 875-4604 E-mail: rpaul@bm.net agertner@bm.net apark@bm.net nlesser@bm.net - and – Tarek H. Zohdy, Esq. Cody R. Padgett, Esq. Laura E. Goolsby, Esq. CAPSTONE LAW APC 1875 Century Park East, Suite 1000 Los Angeles, CA 90067 Telephone: (310) 556-4811 Facsimile: (310) 943-0396 E-mail: Tarek.Zohdy@capstonelawyers.com Cody.Padgett@capstonelawyers.com Laura.Goolsby@capstonelaywers.com - and – Steven Calamusa, Esq. Geoffrey Stahl, Esq. GORDON & PARTNERS, P.A. 4114 Northlake Blvd. Palm Beach Gardens, FL 33410 Telephone: (561) 799-5070 Facsimile: (561) 799-4050 E-mail: scalamusa@fortheinjured.com gstahl@fortheinjured.com GENERAL MOTORS: Joint Bid to Extend Briefing Schedule Filed ----------------------------------------------------------- In the class action lawsuit captioned as MARLAINA A. NAPOLI-BOSSE, on behalf of herself and all others similarly situated, v. GENERAL MOTORS LLC, Case No. 3:18-cv-01720-MPS (D. Conn.), the Parties ask the Court to enter an order extending the briefing schedule, concerning the class certification motion filed by Plaintiff and the summary judgment motions filed by the Plaintiff and GM on December 14, 2021. The extension is requested to provide sufficient time for the Parties to review the materials filed in support of the Motions and prepare opposition papers. On December 14, 2021, Plaintiff filed a Motion for Class Certification. General Motors is an American multinational automotive manufacturing company headquartered in Detroit, Michigan, United States. A copy of the Parties' motion dated Dec. 17, 2021 is available from PacerMonitor.com at https://bit.ly/3pCeYPW at no extra charge.[CC] The Plaintiff is represented by: Sergei Lemberg, Esq. Stephen Taylor, Esq. Joshua Markovits, Esq. LEMBERG LAW LLC 43 Danbury Road Wilton, CT 06897 Telephone: (203) 653-2250 Facsimile: (203) 653-3424 E-mail: slemberg@lemberglaw.com staylor@lemberglaw.com jmarkovits@lemberglaw.com The Defendant is represented by: James C. McGrath, Esq. Joseph J. Orzano, Esq. William F. Benson, Esq. SEYFARTH SHAW LLP Seaport East Two Seaport Lane, Suite 1200 Boston, MA 02210-2028 Telephone: (617) 946-4800 Facsimile: (617) 946-4801 E-mail: jcmcgrath@seyfarth.com jorzano@seyfarth.com wbenson@seyfarth.com GEORGE GORICH: Dewitt Suit Seeks Unpaid OT Wages Under FLSA, NYLL ----------------------------------------------------------------- Elianny Dewitt, on behalf of herself and others similarly situated in the proposed FLSA Collective Action v. George Gorich, George Gorich, M.D., P.C., and George Gorich, MD Medical, PLLC, Case No. 1:21-cv-11092 (S.D.N.Y., Dec. 28, 2021) is brought by the Plaintiff seeking recovery for herself and all other similarly situated individuals, against the Defendants' violations of the Fair Labor Standards Act and violations of Articles 6 and 19 of the New York State Labor Law and their supporting New York State Department of Labor regulations. The Plaintiff seeks injunctive and declaratory relief and to recover unpaid overtime wages, spread-of-hours, liquidated and statutory damages, pre- and post-judgment interest, and attorneys' fees and costs pursuant to the FLSA, NYLL, and the NYLL's Wage Theft Prevention Act. Plaintiff Dewitt is a resident of Beth El, Connecticut. She was employed as a medical assistant at Defendants' medical practice, located at 672 Stoneleigh Ave., Suite C-116 Carmel Hamlet, New York. She was employed as a non-managerial employee at the Medical Practice from January 2019 through and including November 23, 2021. Defendant George Gorich, M.D., P.C. is a domestic professional service corporation organized and existing under the laws of the State of New York. The Defendants own, operate and/or control the properties, located at 672 Stoneleigh Ave., Suite C-116 Carmel Hamlet, New York, i.e., the Medical Practice.[BN] The Plaintiff is represented by: Jason Mizrahi, Esq. Joshua Levin-Epstein, Esq. LEVIN-EPSTEIN & ASSOCIATES, P.C. 60 East 42nd Street, Suite 4700 New York, NY 10165 Telephone: (212) 792-0048 E-mail: Jason@levinepstein.com GOODYEAR TIRE: Trial Scheduling Order Entered in Rodas Class Suit ----------------------------------------------------------------- In the class action lawsuit captioned as Daniel Rodas, v. The Goodyear Tire and Rubber Company, et al., Case No. 2:21-cv-07526-VAP-KES (C.D. Cal.), the Hon. Judge Virginia A. Phillips entered civil trial scheduling order as follows: -- Last Day for hearing on a Motion September 12, 2022 to Amend Pleadings or Add New Parties: -- Last date to conduct settlement September 5, 2022 conference: -- Last date to file motion for October 17, 2022 class certification: -- Opposition to motion for class November 14, 2022 certification deadline: -- Reply to motion for class November 28, 2022 certification deadline: -- Hearing on motion for class December 19, 2022 certification deadline: The Goodyear Tire & Rubber Company is an American multinational tire manufacturing company founded in 1898 by Frank Seiberling and based in Akron, Ohio. A copy of the Court's order dated Dec. 16, 2021 is available from PacerMonitor.com at https://bit.ly/3EDfkdf at no extra charge.[CC] GOOGLE LLC: CA Crane School Slams Monopoly on Online Ads Market --------------------------------------------------------------- California Crane School, Inc., individually and on behalf of all others similarly situated, Plaintiffs, v. Google LLC, Alphabet, Inc., XXVI Holdings, Inc., Apple, Inc., Tim Cook, Sundar Pichai, and Eric Schmidt, Defendants, Case No. 21-cv-10001 (N.D. Cal., December 27, 2021), is a private antitrust suit brought under Sections 4 and 16 of the Clayton Antitrust Act for actual and potential damages and injunctive relief caused by the suppression, elimination, and/or the foreclosing of other search providers and/or potential search providers, and non-Google favored advertisers. California Crane School has directly paid Google for the placement of advertising on Google search. It claims that Apple and Google agreed that Apple would not compete in the search business in competition with Google who then agreed to share its profits from the search business with Apple thus giving Google a substantial and unfair anticompetitive advantage over other search providers including Yahoo!, DuckDuckGo, Bing and others. Google is a technology company that provides internet-related services and products, including online advertising technologies and a search engine. It is a wholly-owned subsidiary of Alphabet Inc. Sundar Pichai is the current CEO of Alphabet Inc. and Google LLC. Apple, Inc. is an American technology company that specializes in consumer electronics, software and online services and is headquartered in Cupertino, California. Tim Cook is the current CEO of Apple, Inc. [BN] Plaintiff is represented by: Joseph M. Alioto Esq. Tatiana V. Wallace, Esq. Angelina Alioto-Grace, Esq. ALIOTO LAW FIRM One Sansome Street, 35th Floor San Francisco, CA 94104 Telephone: (415) 434-8900 Email: jmalioto@aliotolaw.com - and - Lawrence G. Papale, Esq. LAW OFFICES OF LAWRENCE G. PAPALE 1308 Main Street, Suite 117 St. Helena, CA 94574 Telephone: (707) 963-1704 Email: lgpapale@papalelaw.com GREAT ARROW: Then Seeks Initial Approval of Class Settlement ------------------------------------------------------------ In the class action lawsuit captioned as RAFAEL A. MOREL THEN, individually and on behalf of a Class of others similarly situated, v. GREAT ARROW BUILDERS, LLC, Case No. 2:20-cv-00800-CCW (W.D. Pa.), the Plaintiff asks the Court to enter an order preliminary approving settlement, granting class certification, and approving notice to be sent to the Settlement Class. Dated: December 16 Great Arrow is a construction services company. A copy of the Plaintiff's motion to certify class dated Dec. 16, 2021 is available from PacerMonitor.com at https://bit.ly/3HdMHow at no extra charge.[CC] The Plaintiff is represented by: Nicholas A. Migliaccio, Esq. Jason S. Rathod, Esq. MIGLIACCIO & RATHOD LLP 412 H St., NE, Suite 302 Washington, DC 20002 Telephone: (202) 470-3520 Facsimile: (202) 800-2730 E-mail: nmigliaccio@classlawdc.com - and - D. Aaron Rihn, Esq. Sara J. Watkins, Esq. ROBERT PEIRCE & ASSOCIATES, P.C. 2500 Gulf Tower, 707 Grant Street Pittsburgh, PA 15219-1918 Telephone: 412.281.7229 Facsimile: 412.281.4229 E-mail: arihn@peircelaw.com HIGUERA FARMS: Morales-Garcia Suit Seeks Class Certification ------------------------------------------------------------ In the class action lawsuit captioned as LUIS MORALES-GARCIA, BENITO PEREZ-REYES, CESAR JIMENEZ-MENDOZA, GABRIELA RENDON-VASQUEZ, and JUANA VELASCO- ORRES, on behalf of themselves and all others similarly situated, v. HIGUERA FARMS, INC., LA CUESTA FARMING COMPANY, INC., BIG F COMPANY, INC., RED BLOSSOM SALES, INC., BETTER PRODUCE, INC., and DOES 1-8, Case No. 2:18-cv-05118-SVW-JPR (C.D. Cal.), the Plaintiffs ask the Court to enter an order granting Plaintiffs' motion for class certification under Federal Rule of Civil Procedure 23. A copy of the Plaintiffs' motion dated Dec. 20, 2021 is available from PacerMonitor.com at https://bit.ly/3pDFlVv at no extra charge.[CC] The Plaintiffs are represented by: Cynthia L. Rice, Esq. Cecilia Guevara Langberg, Esq. Veronica Melendez, Esq. Ezra Kautz, Esq. CALIFORNIA RURAL LEGAL ASSISTANCE FOUNDATION 2210 K Street, Suite 201 Sacramento, CA 95816 Telephone: (916) 446-7904 Facsimile: (916) 446-3057 E-mail: cricecrlaf@comcast.net cguevarazamora@crlaf.org vmelendez@crlaf.org ekautz@crlaf.org - and - Randy Renick, Esq. Cornelia Dai, Esq. HADSELL STORMER RENICK & DAI LLP 128 North Fair Oaks Avenue, Suite 204 Pasadena, CA 91103-3645 Telephone: (626) 585-9600 Facsimile: (626) 577-7079 E-mail: rrr@hadsellstormer.com cdai@hadsellstormer.com KAISEN ENERGY: To Restructure Under CCAA Proceeding --------------------------------------------------- Kaisen Energy Corp., a Calgary, Alberta-based upstream oil and gas company, obtained protection under the CCAA on Dec. 8, 2021. Due to the impacts of COVID-19 and significant commodity price volatility, Kaisen was obligated to shut-in a significant portion of its operations to reduce costs, and its production dropped significantly before eventually rebounding to approximately 50% production capacity in November 2021. In addition to these operational challenges, Kaisen: (a) suffered material losses in 2018 and 2019 in connection with a hedging plan it then had in place, and (b) has had its credit facilities significantly reduced by its senior secured lender resulting in its available credit decreasing from $5.5 million in Q4 2017 down to $1.85 million in Q4 2020. Ernst & Young Inc. was appointed monitor. Counsel is MLT Aikins for the company and Norton Rose for the monitor. The Dec. 8, 2021 Initial Order authorizes Kaisen to begin a court-supervised restructuring and grants Kaisen various relief, including but not limited to an initial stay of proceedings ("Stay") against Kaisen and its assets, appointing Ernst & Young Inc. as Monitor, and providing Kaisen the opportunity to prepare and file a plan of arrangement under the CCAA for the consideration of it creditors and other stakeholders. Pursuant to the Initial Order, Kaisen is obligated to continue carrying on business in a manner consistent with the preservation of its business and Property. On Dec. 17, 2021, the Court approved a Plan of Arrangement, a Claims Procedure Order, and a Creditor Meeting Order, among other items. A meeting will be held virtually on Jan. 27, 2021 in accordance with the Creditor Meeting Order. The Monitor will provide the details to attend the meeting to: (i) each Affected Creditor or their Proxy that notifies the Monitor of its intentions to attend the Meeting, and (ii) any other person entitled to attend at the Meeting pursuant to the Meeting Order. Copies of the Initial Order, as may be amended or extended from time to time, the Plan, the Claims Procedure Order, and the Creditor Meeting Order, are available on the Monitor's Web site, which is located at http://www.ey.com/ca/kaisenenergy The Monitor can be reached at: Ernst & Young Inc. Attn: Jessica Murray Monitor of Kaisen Energy Corp. Suite 2200, 215 - 2nd Street SW Calgary, Alberta T2P 1M4 Tel: 403-206-5394 Fax: 403-206-5075 E-mail: jessica.murray@parthenon.ey.com Counsel for Ernst & Young: Howard Gorman Norton Rose Fulbright Canada LLP Tel: 1-403-267-8144 Email: howard.gorman@nortonrosefulbright.com Counsel for Kaisen Energy: MLT Aikins LLP Attn: Ryan Zahara Catrina Webster Joy Mutuku 2100 - 222 3 Avenue SW Calgary, Alberta T2P 0B4 E-mail: rzahara@mltaikins.com cwebster@mltaikins.com jmutuku@mltaikins.com Based in Calgary, Alberta, Kaisen Energy Corp., is an upstream oil and gas company. KODIAK CAKES: Briefing Schedule for Class Certification Sought -------------------------------------------------------------- In the class action lawsuit captioned as TY STEWART, et al., individually and on behalf of all others similarly situated, v. KODIAK CAKES, LLC, Case No. 3:19-cv-02454-MMA-MSB (S.D. Cal.), the Parties ask the Court to enter an order setting briefing schedule for Plaintiffs' class certification motion: 1. The Plaintiffs shall file their Motion for Class Certification on or before March 18, 2022; 2. The Defendant shall file its Opposition to Plaintiffs' Motion for Class Certification on or before May 2, 2022; 3. The Plaintiffs shall file their Motion for Class Certification on or before May 2, 2022; and 4. The Plaintiffs shall file their Reply to Defendant's Opposition to Plaintiffs'Motion for Class Certification on or before June 3, 2022. A copy of the Parties' motion dated Dec. 20, 2021 is available from PacerMonitor.com at https://bit.ly/3Hp3rtk at no extra charge.[CC] The Attorneys for Plaintiffs and the Proposed Class, are Dave Fox, Esq. Joanna Fox, Esq. Courtney Vasquez, Esq. FOX LAW, APC 225 W. Plaza Street, Suite 102 Solana Beach, CA 92075 Telephone: (858) 256-7616 Facsimile: (858) 256-7618 E-mail: dave@foxlawapc.com joanna@foxlawapc.com courtney@foxlawapc.com The Defendant is represented by: Eric Y. Kizirian, Esq. Michael K. Grimaldi, Esq. Danielle E. Stierna, Esq. LEWIS BRISBOIS BISGAARD & SMITH LLP 633 West 5 th Street, Suite 4000 Los Angeles, CA 90071 Telephone: (213) 250-1800 Facsimile: (213) 250-7900 E-Mail: Eric.Kizirian@lewisbrisbois.com Michael.Grimaldi@lewisbrisbois.com Danielle.Stierna@lewisbrisbois.com LILLIE'S VICTORIAN: Resto Staff Sues Over Discrimination/Harassment ------------------------------------------------------------------- Agustin Acevedo, Jose Gutierrez, Moises Aguilar and Samantha Murphy, individually and on behalf of others similarly situated, Plaintiffs, v. Thomas Burke, Frances McCole, Douglas Kaplan, Mucho Moola, LLC, Fat 2 Muscle LLC, Camelot Castle LLC, 49TH Street Restaurant LLC and Stonehouse NYC L.P. Strafford Ventures Inc. GN PTNR, Defendants, Case No. 21-cv-11053, (S.D. N.Y., December 23, 2020), seeks to recover, unpaid wages, including overtime wages, liquidated damages and attorneys' fees and costs pursuant to the Fair Labor Standards Act and New York labor laws and economic damages, compensatory damages, punitive damages and attorneys' fees and costs for violation of New York State human rights law. Defendants own and operate four restaurants in New York City under the names "Lillie's Victorian Establishment," "Oscar Wilde" and "Papillon Bistro & Bar" where Plaintiffs worked as restaurant staff. They claim to be subject to improper meal credit deduction and inaccurate wage statements. Acevedo, Gutierrez and Aguilar all allege discrimination due to their race while Murphy, a female, alleges sexual harassment. [BN] Plaintiffs are represented by: Daniel Needham, Esq. LAW OFFICE OF WILLIAM IGBOKWE 28 Liberty Street, 6th Floor New York, NY 10005 Phone: (347) 467-4674 Fax: (347) 467-6367 LINEAR MOTORS: Wins Summary Judgment Bid vs. Gia Sessa ------------------------------------------------------ In the class action lawsuit captioned as GIA SESSA, on behalf of herself and all others similarly situated, v. LINEAR MOTORS, LLC, et al., Case No. 7:19-cv-09914-KMK (S.D.N.Y.), the Hon. Judge Kenneth M. Karas entered an order grantng the Defendant's Motion for Summary Judgment. The Clerk of Court is respectfully directed to terminate the pending Motion, enter judgment for Defendant, and close this case, says Judge Karas. The Plaintiff does not raise any other allegations of inaccuracy. Plaintiff does not suggest that pertinent or material information was missing or omitted in TransUnion's credit reporting regarding the Plaintiff, nor does Plaintiff suggest that furnishers, the credit rating agency, and third parties were misaligned in their understanding of the obligation due to strange verbiage or errant annotation. Thus, TransUnion’s report cannot be said to be misleading or patently inaccurate. Because "Plaintiff's complaint pleaded only speculative legal inaccuracies," Defendant's report is considered accurate pursuant to the FCRA, and as a result, Plaintiff cannot sustain a claim thereunder. For this reason, the TransUnion's Motion for summary judgment must be granted, the Court says. A copy of the Court's order dated Dec. 20, 2021 is available from PacerMonitor.com at https://bit.ly/3JIoclI at no extra charge.[CC] The Plaintiff is represented by: Daniel A. Schlanger, Esq. Evan S. Rothfarb, Esq. SCHLANGER LAW GROUP LLP New York, NY The Defendants are represented by: Michael C. O'Neil, Esq. Albert E. Hartmann, Esq. Maxwell J. Eichenberger, Esq. REED SMITH LLP Chicago, IL LOU NANNE'S EDINA: Soto Suit Slams Tip Credit --------------------------------------------- Alfonso Soto, individually and on behalf of all others similarly situated, Plaintiffs, v. Lou Nanne's Edina LLC, Defendants, Case No. 27-CV-21-15488 (D. Minn., December 27, 2021), seeks redress for Defendant's illegal tip pooling under the Minnesota Fair Labor Standards Act. Lou Nanne's Edina operates as "Tavern 23" in Edina, Minnesota, where Soto worked as a server. He claims that he was paid pursuant to a tip pool arrangement wherein Defendants distributed tips and gratuities received from patrons to Soto and certain other employees, including servers, bussers, runners and bar employees. Soto alleges that Tavern 23 operated and imposed an unlawful tip pool, unlawfully retaining tips owed to tipped employees, thereby depriving them of compensation due. [BN] Plaintiff is represented by: Eric D. Satre, Esq. SATRE LAW FIRM International Plaza, Suite 300, No. 7044 7900 International Drive Bloomington MN 55425 Tel: (651) 212-4919 Fax: (651) 212-4203 Email: esatre@satrelaw.com admin@satrelaw.com - and - Paul Lelii, Esq. PAUL LELII LAW OFFICE International Plaza, Suite 300, No. 7019 7900 International Drive Bloomington MN 55425 Tel: (651) 587-9663 Fax: (888) 711-5776 Email: leliilawfirm@gmail.com MARKWEST ENERGY: Ison, Hamilton Win Conditional Certification ------------------------------------------------------------- In the class action lawsuit captioned as BRIAN ISON and CHRIS HAMILTON, Individually and for others Similarly Situated, v. MARKWEST ENERGY PARTNERS, LP, Case No. 3:21-cv-00333 (S.D.W.Va.), the Court entered an order: 1. granting the Plaintiffs' motion for conditional certification and court-authorized notice; 2. denying as moot the Defendant's motion for oral argument on Plaintiff's Motion for Conditional Certification; and 3. directing the Clerk to send a copy of this Order to counsel of record and any unrepresented parties. On June 10, 2021, the Plaintiffs filed this putative class action against MarkWest seeking to recover unpaid wages and other damages, and they now seek to conditionally certify two classes of inspectors: "All inspectors employed by, or working on behalf of MarkWest, who received a day rate with no overtime at any time during the past 3 years (FLSA Class Members; and All inspectors employed by, or working on behalf of MarkWest in Ohio, who received a day rate with no overtime at any time during the past 3 years (Ohio Class Members). MarkWest is a company "engaged in the gathering, processing, and transportation of natural gas." The Plaintiffs state they are non-salaried inspectors who "worked for MarkWest" and primarily "inspect and handle material supplies for pipeline equipment installs and maintenance." The Plaintiffs allege they "typically work at least 12 hours a day, for as many as 6 days a week, for weeks at a time." However, the Plaintiffs claim that they "do not receive overtime for hours worked in excess of 40 in any of those weeks." Instead, the Plaintiffs allege they are paid a "flat daily rate for each day worked," which they assert violates the Fair Labor Standards Act (FLSA), and Ohio law. A copy of the Court's order dated Dec. 17, 2021 is available from PacerMonitor.com at https://bit.ly/3JvS1pq at no extra charge.[CC] MCDONALD'S CORPORATION: COBRA Notice "Inadequate," Johnson Says --------------------------------------------------------------- ASHLEY JOHNSON, individually and on behalf of all others similarly situated, Plaintiff v. McDONALD'S CORPORATION, Defendant, Case No. 1:21-cv-24339-FAM (S.D. Fla., December 15, 2021) is a class action against the Defendant for violation of the Employee Retirement Income Security Act of 1974. The case arises from the Defendant's alleged failure to provide plan participants and beneficiaries with adequate notice, as prescribed by the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), of their right to continue their health coverage upon the occurrence of a qualifying event as defined by the statute. Instead of utilizing the U.S. Department of Labor's (DOL) Model Notice and sending a single COBRA notice written in a manner calculated to be understood by the average plan participant containing all required by law, to save money the Defendant instead opted to break the information into multiple documents, mailed separately under different cover, containing bits and pieces of information on COBRA, both of which are still missing critical information. In fact, the DOL Model Notice was designed to avoid precisely the issues caused by the Defendant's confusing and piecemeal COBRA rights notification process. As a result, the Plaintiff lost her health insurance and incurred medical bills during the year 2020, says the suit. McDonald's Corporation is an American fast food company, headquartered in Chicago, Illinois. [BN] The Plaintiff is represented by: Brandon J. Hill, Esq. Luis A. Cabassa, Esq. WENZEL FENTON CABASSA, P.A. 1110 North Florida Ave., Suite 300 Tampa, FL 33602 Telephone: (813) 224-0431 Facsimile: (813) 229-8712 E-mail: bhill@wfclaw.com lcabassa@wfclaw.com MDL 3015: Initial Approval of Settlement Sought ----------------------------------------------- In the class action lawsuit RE: JOHNSON & JOHNSON SUNSCREEN MARKETING, SALES PRACTICES AND PRODUCTS LIABILITY LITIGATION (MDL NO. 3015), Case No. 0:21-md-03015-AHS (S.D. Cal.), the Plaintiffs ask the Court to enter an order: 1. conditionally certifying the Class for settlement purposes; 2. appointing them as class representatives and their counsel as Class Counsel for the Class; 3. preliminarily approving the Settlement; 4. approving the proposed plan of notice to the Class; and 5. scheduling a hearing pursuant to Federal Rule of Civil Procedure 23(e) to determine whether the proposed Settlement is fair, reasonable and adequate and should be given final approval. The Plaintiffs brought this lawsuit on behalf of themselves and a putative class of consumers who purchased Neutrogena (TM) and Aveeno (TM) brand sunscreen products ("Sunscreen Products") allegedly contaminated and/or adulterated with benzene, a known human carcinogen. The Parties engaged in early settlement discussions, ultimately engaging in mediation before a neutral third party followed by numerous rounds of negotiations and voluntary informal disclosures of data, information, and witness statements by JJCI. Through these efforts, counsel for the Plaintiffs were able to assess the merits of their claims, JJCI’s defenses, and the material facts regarding the nature and cause of the benzene contamination in the Sunscreen Products at issue in this case. Specifically, the Plaintiffs determined that JJCI first became aware of the benzene contamination through the filing of Valisure’s Citizen Petition with the FDA on May 25, 2021, wherein Valisure reported it had tested numerous lots of aerosol and lotion sunscreen products from various manufacturers and discovered that certain JJCI sunscreens contained benzene. Immediately thereafter, JJCI began a comprehensive investigation that has determined that the benzene identified in some product samples -- The primary terms of the settlement: The Settlement resolves all claims of the Plaintiffs and the Class against JJCI, excluding claims for personal injuries. -- The Proposed Class The proposed Class comprises all consumers who purchased Neutrogena and/or Aveeno Sunscreen Products at issue in this litigation, and is defined as: "All persons and entities in the United States who, at any time between May 26, 2015 and the Notice Date purchased one or more of the Aerosol Products or Non-Aerosol Products defined herein for personal, family, or household use and not for resale: Neutrogena/Aveeno Aerosol Products: Neutrogena (TM) Beach Defense (TM) aerosol sunscreen, Neutrogena (TM) Cool Dry Sport aerosol sunscreen, Neutrogena (TM) Invisible Daily (TM) defense aerosol sunscreen, Neutrogena (TM) Ultra Sheer (TM) aerosol sunscreen, and Aveeno (TM) Protect + Refresh aerosol sunscreen. Neutrogena/Aveeno Non-Aerosol Products: Neutrogena (TM) Ultra Sheer (TM) Dry-Touch Water Resistant Sunscreen, Neutrogena (TM) Sheer Zinc™ Dry-Touch Face Sunscreen, and Aveeno (TM) Baby Continuous Protection (TM) Sensitive Skin Sunscreen Lotion. Excluded from the Class are (a) all persons who are employees, directors, officers, and agents of JJCI, or its subsidiaries and affiliated companies; (b) persons or entities who purchased the Products primarily for the purposes of resale to consumers or other resellers; (c) governmental entities; (d) persons or entities who timely and properly exclude themselves from the Class as provided in this Settlement; and (e) the Court, the Court’s immediate family, and Court staff. -- Opt-Out Provisions The Settlement allows any Class Member to opt-out of the Settlement and the Class. Any Class Member who wishes to seek exclusion from the Class will be advised of his or her right to be excluded, and of the deadline and procedures for exercising that right. -- Monetary Relief The Settlement offers relief in the form of refunds to consumers for the full average retail selling price of the recalled aerosol Sunscreen Products. For refunds of three (3) or fewer items, no proof of purchase is required. Claimants seeking refunds for more than three units must submit some evidence of their purchases (e.g., a store receipt or photograph of the containers of Sunscreen Products). A copy of Plaintiff's motion dated Dec. 17, 2021 is available from PacerMonitor.com at https://bit.ly/3eDEON4 at no extra charge.[CC] The Plaintiff is represented by: R. Jason Richards, Esq. AYLSTOCK, WITKIN, KREIS & OVERHOLTZ, PLLC 17 East Main Street, Suite 200 Pensacola, FL 32502 Telephone: (850) 202-1010 Facsimile: (850) 916-7449 E-mail: jrichards@awkolaw.com - and - Kiley L. Grombacher, Esq. Marcus J. Bradley, Esq. Robert N. Fisher, Esq. BRADLEY/GROMBACHER, LLP 31365 Oak Crest Drive, Suite 240 Westlake Village, CA 91361 Telephone: (805) 270-7100 Facsimile: (805) 270-7589 E-Mail: kgrombacher@bradleygrombacher.com mbradley@bradleygrombacher.com rfisher@bradleygrombacher.com MEDLINE INDUSTRIES: Nair Files Suit in Cal. Super. Ct. ------------------------------------------------------ A class action lawsuit has been filed against Medline Industries, Inc., et al. The case is styled as Deja Nair, on behalf of herself and all others similarly situated, and the general public v. Medline Industries, Inc., an Illinois corporation; Medline Industries, Inc., an Illinois corporation; Medline Industries, LP, an Illinois limited partnership; Case No. STK-CV-UOE-2021-0011669 (Cal. Super. Ct., San Joaquin Cty., Dec. 22, 2021). The case type is stated as "Unlimited Civil Other Employment." Medline Industries -- https://www.medline.com/ -- is a private American healthcare company based in Northfield, Illinois. It is the largest privately held manufacturer and distributor of medical supplies providing products, education, clinical programs and services across the continuum of care with offices in 20 countries.[BN] The Plaintiff is represented by: David G. Spivak, Esq. THE SPIVAK LAW FIRM 16530 Ventura Blvd, Ste. 203 Encino, CA 91436-4535 Phone: 818-582-3086 Fax: 818-582-2561 Email: david@spivaklaw.com MERCHNOW LLC: Weekes Files ADA Suit in S.D. New York ---------------------------------------------------- A class action lawsuit has been filed against MerchNow, LLC. The case is styled as Robert Weekes, individually, and on behalf of all others similarly situated v. MerchNow, LLC, Case No. 1:21-cv-10802-PGG-KHP (S.D.N.Y., Dec. 16, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. MerchNow -- https://merchnow.com/ -- is the 1 Place for Band Merch, Music and Accessories T-Shirts - LPs, CDs, Digital Downloads.[BN] The Plaintiff is represented by: Edward Y. Kroub, Esq. MIZRAHI KROUB LLP 200 Vesey Street, Ste. 24th Floor New York, NY 10281 Phone: (212) 595-6200 Email: ekroub@mizrahikroub.com MGA ENTERTAINMENT: Ortega Files ADA Suit in S.D. New York --------------------------------------------------------- A class action lawsuit has been filed against MGA Entertainment Inc. The case is styled as Juan Ortega, on behalf of himself and all others similarly situated v. MGA Entertainment Inc., Case No. 1:21-cv-10728 (S.D.N.Y., Dec. 15, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. MGA Entertainment Inc. -- https://www.mgae.com/brands -- is a manufacturer of children's toys and entertainment products founded in 1979.[BN] The Plaintiff is represented by: Jonathan Phillip Rubin, Esq. LAW OFFICE OF JONATHAN P. RUBIN, PLLC 3000 Marcus Ave., Ste 1e5 Lake Success, NY 11042 Phone: (917) 957-0978 Email: jprubinesq@gmail.com MHC HERITAGE: Noel Files Suit in S.D. Florida --------------------------------------------- A class action lawsuit has been filed against MHC Heritage Plantation, LLC, et al. The case is styled as Michael Noel, Kathleen Wiksten, Claire Ladouceur, on behalf of themselves and all others similarly situated v. MHC Heritage Plantation, LLC; Equity Lifestyle Properties, Inc. formerly known as: Manufactured Home Communities, Inc.; Case No. 2:21-cv-14492-DMM (S.D. Fla., Dec. 21, 2021). The nature of suit is stated as Other Contract. Mhc Heritage Plantation, L.L.C. is a Foreign limited liability company based in Chicago.[BN] The Plaintiff is represented by: Daniel Edward Tropin, Esq. KOPELOWITZ OSTROW FERGUSON WEISELBERG GILBERT 1 W. Las Olas Blvd., Suite 500 Fort Lauderdale, FL 33301 Phone: (954) 525-4100 Fax: (954) 525-4300 Email: tropin@kolawyers.com - and - Elizabeth A. Fegan, Esq. FEGAN SCOTT, LLC 150 S. Wacker Dr., 24th Floor Chicago, IL 60606 Phone: (312) 741-1019 Email: beth@feganscott.com - and - Lynn A. Ellenberger, Esq. FEGAN SCOTT, LLC 500 Grant Street Suite 2900 Pittsburgh, PA 15219 Phone: (412) 515-1529 Email: lynn@feganscott.com - and - Robert Cecil Gilbert, Esq. KOPELOWITZ OSTROW FERGUSON WEISELBERG GILBERT 2800 Ponce de Leon Boulevard, Suite 1100 Miami, FL 33134 Phone: (305) 384-7270 Email: robert@gilbertpa.com MICHAEL J. WEI: Lopez Files ADA Suit in S.D. New York ----------------------------------------------------- A class action lawsuit has been filed against Michael J. Wei, D.D.S., P.C. The case is styled as Victor Lopez, on behalf of all persons similarly situated v. Michael J. Wei, D.D.S., P.C., Case No. 1:21-cv-10968 (S.D.N.Y., Dec. 21, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Michael J. Wei -- https://mymanhattancosmeticdentist.com/ -- is a top NYC dentist specializing in cosmetic dentistry with smile makeovers for that perfect smile.[BN] The Plaintiff is represented by: Jeffrey Michael Gottlieb, Esq. Michael A. LaBollita, Esq. GOTTLIEB & ASSOCIATES 150 E. 18 St., Suite PHR New York, NY 10003 Phone: (212) 228-9795 Email: nyjg@aol.com michael@gottlieb.legal MIDLAND CREDIT: Cardona Files FDCPA Suit in D. New Jersey --------------------------------------------------------- A class action lawsuit has been filed against Midland Credit Management, Inc., et al. The case is styled as Beatriz Cardona, individually and on behalf of all others similarly situated v. Midland Credit Management, Inc., John Does 1-25, Case No. 3:21-cv-20621 (D.N.J., Dec. 20, 2021). The lawsuit is brought over alleged violation of the Fair Debt Collection Practices Act. Midland Credit Management, Inc. -- https://www.midlandcredit.com/ -- is a specialty finance company providing debt recovery solutions for consumers across a broad range of assets.[BN] The Plaintiff is represented by: Raphael Y. Deutsch, Esq. STEIN SAKS, PLLC 285 Passaic Street Hackensack, NJ 07601 Phone: (201) 282-6500 Email: rdeutsch@steinsakslegal.com MINERAL FUSION: Lopez Files ADA Suit in S.D. New York ----------------------------------------------------- A class action lawsuit has been filed against Mineral Fusion Natural Brands LLC. The case is styled as Victor Lopez, on behalf of all persons similarly situated v. Mineral Fusion Natural Brands LLC, Case No. 1:21-cv-10750 (S.D.N.Y., Dec. 15, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Mineral Fusion -- https://www.mineralfusion.com/ -- offers a variety of natural beauty products powered by minerals.[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 MINU JEWELS: Lopez Files ADA Suit in S.D. New York -------------------------------------------------- A class action lawsuit has been filed against Minu Jewels, LLC. The case is styled as Victor Lopez, on behalf of all persons similarly situated v. Minu Jewels, LLC, Case No. 1:21-cv-10819-LGS (S.D.N.Y., Dec. 16, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Minu Jewels -- https://www.minujewels.com/ -- offers handmade mediterranean & egyptian inspired jewelry, made of silver and gold and semi-precious stones.[BN] The Plaintiff is represented by: Jeffrey Michael Gottlieb, Esq. Michael A. LaBollita, Esq. GOTTLIEB & ASSOCIATES 150 E. 18 St., Suite PHR New York, NY 10003 Phone: (212) 228-9795 Email: nyjg@aol.com michael@gottlieb.legal MJ DESIGNER: Violates Wage & Hour Laws, Gando Class Suit Alleges ---------------------------------------------------------------- ALFREDO GANDO, individually and on behalf of all others similarly situated v. MJ DESIGNER SERVICES INC., and JOSE FUENTES, as an individual, Case No. 2:21-cv-07140 (E.D.N.Y., Dec. 28, 2021) seeks to recover damages for the Defendants' egregious violations of state and federal wage and hour laws arising out of Plaintiff's employment with the Defendants. As a result of the alleged violations of federal and New York State 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 this Court deems appropriate. Plaintiff Gando, residing in Richmond Hill, New York, was employed by the Defendants from January 2017 until in or around August 2020. MJ Designer is a New York domestic business corporation, organized under the laws of the State of New York with a principal executive office located at 52-02 Grand Avenue, Ste 2, Maspeth, New York.[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 MONARCH RECOVERY: Goldring Files Bid for Class Certification ------------------------------------------------------------ In the class action lawsuit captioned as TZVI GOLDRING, individually and on behalf of all other similarly situated consumers, v. MONARCH RECOVERY MANAGEMENT, INC, Case No. 1:20-cv-07893-PGG (S.D.N.Y.), the Plaintiff asks the Court to enter an order granting his motion for class certification defined as follows: "All consumers within the State of New York with the same creditor as Plaintiff, First Portfolio Ventures, that was sent an initial dunning letter which advised the consumer that a dispute triggering the validation rights could be made both orally and in writing, concerning debts that were incurred primarily for personal, household, or family purposes within one year prior to the filing of this complaint." This action arises from the Defendants' violation of the Fair Debt Collection Practices Act in its attempt to collect a debt from Plaintiff. Plaintiff filed an initial Complaint on July 23, 2020, alleging that Defendant violated the provisions of the FDCPA concerning the consumer's validation rights. The Plaintiff seeks certification of a Rule 23(b)(3) statutory damage class. The Defendant is a debt collector that regularly collects debts on behalf of third party creditors. In doing so Defendant presented false information to hundreds of consumers concerning their dispute rights, in violation of the FDCPA, the suit says. A copy of the Plaintiff's motion to certify class dated Dec. 20, 2021 is available from PacerMonitor.com at https://bit.ly/3mHBzsk at no extra charge.[CC] The Plaintiff is represented by: Daniel Zemel, Esq. Elizabeth Apostola, Esq. ZEMEL LAW LLC 1373 Broad Street, Suite 203-C Clifton, NJ 07013 Telephone: (862) 227-3106 E-mail: dz@zemellawllc.com ea@zemellawllc.com MRS BPO: Faces Israr Class Action Over Unfair Collection Letters ---------------------------------------------------------------- MAAZ ISRAR, individually and on behalf of those similarly situated v. MRS BPO, LLC, Case No. 0:21-cv-62568-WPD (S.D. Fla., Dec. 27, 2021) sues the Defendant for allegedly violating the Fair Debt Collection Practices Act. The Plaintiff contends that on a date better known the by Defendant, the Defendant began attempting to collect a debt (the "Consumer Debt") from him. The consumer debt is an obligation allegedly had by Plaintiff to pay money arising from a voluntary transaction between the creditor of the Consumer Debt and Plaintiff involving the provision of an unsecured loan for Plaintiff to utilize for educational purposes. According to the complaint, on a date better known by the Defendant, Defendant sent a letter, internally dated March 3, 2021, to Plaintiff in an attempt to collect the consumer debt. The Defendant allegedly fails identify the creditor of the consumer debt in the collection letter. The Plaintiff is a natural person, and a citizen of the State of Florida, residing in Broward County, Florida. The Defendant is a business entity engaged in the business of soliciting consumer debts for collection.[BN] The Plaintiff is represented by: Thomas J. Patti, Esq. Jibrael S. Hindi, Esq. THE LAW OFFICES OF JIBRAEL S. HINDI 110 SE 6th Street, Suite 1744 Fort Lauderdale, FL 33301 Telephone: (954) 907-1136 Facsimile: (855) 529-9540 E-mail: jibrael@jibraellaw.com tom@jibraellaw.com MY IMPORTS USA: Esquivel Files Suit in E.D. New York ---------------------------------------------------- A class action lawsuit has been filed against MY Imports USA LLC. The case is styled as Ivan Esquivel, individually on behalf of himself and all others similarly situated v. MY Imports USA LLC, Case No. 2:21-cv-07007 (E.D.N.Y., Dec. 20, 2021). The nature of suit is stated as Fraud or Truth-In-Lending. 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: Jason P. Sultzer, Esq. THE SULTZER LAW GROUP 85 Civic Center Plaza, Suite 104 Poughkeepsie, NY 12601 Phone: (845) 483-7100 Email: sultzerj@thesultzerlawgroup.com NATIONAL FOOTBALL: Wins Summary Judgment v. Richard Dent, et al. ---------------------------------------------------------------- In the class action lawsuit captioned as RICHARD DENT, J.D. HILL, JAMES MCMAHON, JEREMY NEWBERRY, RON PRITCHARD, RON STONE, KEITH VAN HORNE, AND MARCELLUS WILEY, v. NATIONAL FOOTBALL LEAGUE, Case No. 3:14-cv-02324-WHA (N.D.Cal.), the Hon. Judge William Alsup entered an order granting summary judgment in favor of defendant against all plaintiffs. In this personal injury action, the plaintiffs, eight former professional football players, allege defendant professional football league voluntarily undertook a duty to them to ensure the proper recordkeeping, administration and distribution of medications by their teams and that defendant was negligent in discharging such duty, causing them musculoskeletal and internal organ injuries, and drug addiction. The Defendant now moves for summary judgment on all claims on the grounds that the claims are barred the by the relevant statutes of limitations, fail for insufficient proof of causation, or are preempted by Section 301 of the Labor Management Relations Act. A copy of the Court's order dated Dec. 17, 2021 is available from PacerMonitor.com at https://bit.ly/3eFqCD6 at no extra charge.[CC] NATURA MANAGEMENT: Kenkel Files Suit in Cal. Super. Ct. ------------------------------------------------------- A class action lawsuit has been filed against Natura Management LLC, et al. The case is styled as Dalton Kenkel, on behalf of himself and all others similarly situated v. Natura Management LLC, Does 1-50, Case No. 34-2021-00313180-CU-OE-GDS (Cal. Super. Ct., Sacramento Cty., Dec. 23, 2021). The case type is stated as "Other Employment – Civil Unlimited." Natura Management -- https://www.natura.io/ -- created the ultimate operating and management system for the cannabis industry, designed to maximize efficiency every step of the way.[BN] The Plaintiff is represented by: Mehrdad Bokhour, Esq. BOKHOUR LAW GROUP, P.C. 1901 Avenue of the Stars, Suite 450 Los Angeles, CA 90067 Phone: 310-975-1493 Fax: 310-300-1705 NEUROMETRIX INC: Ortega Files ADA Suit in S.D. New York ------------------------------------------------------- A class action lawsuit has been filed against NeuroMetrix, Inc. The case is styled as Juan Ortega, on behalf of himself and all others similarly situated v. NeuroMetrix, Inc., Case No. 1:21-cv-10995 (S.D.N.Y., Dec. 22, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. NeuroMetrix, Inc. -- https://www.neurometrix.com/ -- develops and commercializes health care products that utilize non-invasive neurostimulation.[BN] The Plaintiff is represented by: Jonathan Phillip Rubin, Esq. LAW OFFICE OF JONATHAN P. RUBIN, PLLC 3000 Marcus Ave., Ste 1e5 Lake Success, NY 11042 Phone: (917) 957-0978 Email: jprubinesq@gmail.com NEW YORK: Marciano Class Suit Removed to S.D. New York ------------------------------------------------------ The case styled ANTHONY MARCIANO, individually and on behalf of all others similarly situated v. BILL DE BLASIO, MAYOR OF THE CITY OF NEW YORK, in his official capacity; DAVE A. CHOCKSHI, COMMISSIONER OF HEALTH AND MENTAL HYGIENE, in his official capacity; DERMOT SHEA, POLICE COMMISSIONER, in his official capacity; THE NEW YORK CITY BOARD OF HEALTH; and THE CITY OF NEW YORK, Case No. 160914-21, was removed from the Supreme Court of the State of New York, County of New York, to the U.S. District Court for the Southern District of New York on December 15, 2021. The Clerk of Court for the Southern District of New York assigned Case No. 1:21-cv-10752-UA to the proceeding. The case arises from the Defendants' alleged civil rights violations. The New York City Board of Health is a government agency in New York. The City of New York is a municipal government in New York. [BN] The Defendants are represented by: Georgia M. Pestana, Esq. Eugenia Fowlkes, Esq. CORPORATION COUNSEL OF THE CITY OF NEW YORK 100 Church Street New York, NY 10007 Telephone: (212) 356-2451 E-mail: efowlkes@law.nyc.gov NEXLEVEL DIRECT: Hastings Files TCPA Suit in E.D. Arkansas ---------------------------------------------------------- A class action lawsuit has been filed against NexLevel Direct LLC, et al. The case is styled as Stan Hastings, individually and on behalf of other similarly situated v. NexLevel Direct LLC, AIFY LLC, Garet Breitfuss, Case No. 4:21-cv-01228-JM (E.D. Ark., Dec. 21, 2021). The lawsuit is brought over alleged violation of the Telephone Consumer Protection Act for Restrictions of Use of Telephone Equipment. Nexlevel Direct LLC -- https://www.nexleveldirect.com/ -- is in the Marketing Consulting Services business.[BN] The Plaintiff is represented by: Anthony I. Paronich, Esq. PARONICH LAW, P.C. 350 Lincoln St., Suite 2400 Hingham, MA 02043 Phone: (615) 485-0018 Email: anthony@paronichlaw.com - and - Jason Michael Ryburn, Esq. RYBURN LAW FIRM 650 South Shackleford Road, Suite 231 Little Rock, AR 72211 Phone: (501) 228-8100 Email: jason@ryburnlawfirm.com NOMNOMNOW INC: Tavarez-Vargas Files ADA Suit in S.D. New York ------------------------------------------------------------- A class action lawsuit has been filed against Nomnomnow Inc. The case is styled as Carmen Tavarez-Vargas, on behalf of himself and all others similarly situated v. Nomnomnow Inc., Case No. 1:21-cv-10805 (S.D.N.Y., Dec. 16, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Nom Nom -- https://www.nomnomnow.com/ -- is healthy, fresh food for dogs and cats formulated by top Board Certified Veterinary Nutritionists.[BN] The Plaintiff is represented by: Edward Y. Kroub, Esq. MIZRAHI KROUB LLP 200 Vesey Street, Ste. 24th Floor New York, NY 10281 Phone: (212) 595-6200 Email: ekroub@mizrahikroub.com NZXT INC: Tavarez-Vargas Files ADA Suit in S.D. New York -------------------------------------------------------- A class action lawsuit has been filed against NZXT, Inc. The case is styled as Carmen Tavarez-Vargas, on behalf of himself and all others similarly situated v. NZXT, Inc., Case No. 1:21-cv-10814 (S.D.N.Y., Dec. 16, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. NZXT -- https://nzxt.com/ -- is an American computer hardware manufacturer based in Los Angeles, California.[BN] The Plaintiff is represented by: Edward Y. Kroub, Esq. MIZRAHI KROUB LLP 200 Vesey Street, Ste. 24th Floor New York, NY 10281 Phone: (212) 595-6200 Email: ekroub@mizrahikroub.com ONE OF KIND: Heath Sues Over Unpaid Wages for Drivers ----------------------------------------------------- CHARLES HEATH, individually and on behalf of all others similarly situated, Plaintiff v. ONE OF KIND TRANSPORT INC. and LEONID POGORILER, Defendants, Case No. 1:21-cv-06920 (E.D.N.Y., December 15, 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 the minimum wage, failure to pay overtime wages, unlawful deductions, failure to reimburse work-related expenses, failure to timely pay wages, failure to provide the Notice and Acknowledgement of Payrate and Payday, and failure to provide an accurate wage statement. Mr. Heath has worked for the Defendants as a driver from 2011 through the present. One of Kind Transport Inc. is a transportation company with its principal place of business at 99 Harris Drive, Oceanside, New York. [BN] The Plaintiff is represented by: Douglas B. Lipsky, Esq. Alfons D'Auria, Esq. LIPSKY LOWE LLP 420 Lexington Avenue, Suite 1830 New York, NY 10170 Telephone: (212) 392-4772 Facsimile: (212) 444-1030 E-mail: doug@lipskylowe.com alfons@lipskylowe.com PERGOLA 36: Fails to Pay Overtime Wages, Cristobal Class Suit Says ------------------------------------------------------------------ BENITO PASTRANA CRISTOBAL, individually and on behalf of all others similarly situated v. PERGOLA 36 LLC d/b/a PERGOLA RESTAURANT and MOUTAZ ALI and MOHAMED ALDO, as individuals, Case No. 1:21-cv-11123 (S.D.N.Y., Dec. 28, 2021) alleges that the Defendants willfully failed to pay the Plaintiff's overtime wages for all hours regularly worked in excess of 40 hours per week at a wage rate of one and a half times the regular wage, to which the Plaintiff was entitled under the Fair Labor Standards Act and the New York Labor Law. Plaintiff Cristobal, residing at Brooklyn, New York, was employed by the Defendants from October 2014 until November 2021. The Defendant is a New York domestic business corporation, organized under the laws of the State of New York with a principal executive office located 36 West 28th Street, New York. Defendant Ali owns and operates the Pergola 36 LLC d/b/a Pergola Restaurant.[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 Facsimile: (718) 263-9598 PERMANENT GENERAL: Joint Bid to Extend Deadlines Filed in Connor ---------------------------------------------------------------- In the class action lawsuit captioned as DORINE L. CONNOR, MYRTLE E. PUGH and MATTHEW K. LANCASTER, Individually and on behalf of all other similarly situated, v. PERMANENT GENERAL ASSURANCE CORP., Case No. 9:20-cv-81979-WPD (S.D. Fla.), the Parties ask the Court to enter an order granting a 21 day extension of the time in which the Plaintiffs are to file their response to Defendant's pending Motion for Summary Judgment, and in which Defendant is to file its response to Plaintiffs' pending Motion for Class Certification. On December 13, 2021, Defendant filed a Motion for Summary Judgment and Plaintiffs filed their Motion for Class Certification. The parties' deadline to file responses to these motions is December 27, 2021. In light of scheduling concerns surrounding the holiday season, including a previously scheduled family vacation by the undersigned counsel for Plaintiff, the parties jointly seek a 21 day extension in which to file their respective response briefs. If allowed, the Plaintiffs' response to Defendant's Motion for Summary Judgment and Defendant's response to Plaintiffs' Motion for Class Certification would be due on or before January 17, 2022. Permanent General provides insurance services. The Company underwrites automobile insurance. A copy of the Parties' motion dated Dec. 20, 2021 is available from PacerMonitor.com at https://bit.ly/32QNcpD at no extra charge.[CC] The Plaintiffs are represented by: Brent Irby, Esq. IRBY LAW , LLC 2201 Arlington Avenue South Birmingham, AL 35205 Telephone: (205) 936-8281 E-mail: brent@irbylaw.net - and - J. Matthew Stephens, Esq. Robert G. Methvin, Jr., Esq. James M. Terrell, Esq. Courtney C. Gipson, Esq. METHVIN, TERRELL, YANCEY, STEPHENS & MILLER, P.C. 2201 Arlington Avenue South Birmingham, AL 35205 Telephone: (205) 939-0199 Facsimile: (205) 939-0399 E-mail: mstephens@mtattorneys.com rgm@mtattorneys.com jterrell@mtattorneys.com cgipson@mtattorneys.com - and - Jordan A. Shaw, Esq. Zachary D. Ludens, Esq. Zebersky Payne Shaw Lewenz 110 Southeast 6th Street, Suite 2900 Ft. Lauderdale, FL 33301 Telephone: (954) 361-3134 Facsimile: (954) 989-7781 E-mail: Jshaw@zpllp.com zludenz@zpllp.com - and - Audrey-Jade Salbo, Esq. Reginald J. Clyne, Esq. QUINTAIROS, PRIETO, WOOD & BOYER, P.A. 9300 S. Dadeland Blvd., 4th Floor Miami, FL 33156 Telephone: (305) 670-1101 Facsimile: (305) 670-1161 E-mail: rclyne.pleadings@qpwblaw.com Reginald.clyne@qpwblaw.com audrey-jade.salbo@qpwblaw.com stephanie.clavijo@qpwblaw.com Cecilia.quevedo@qpwblaw.com PETCO HEALTH: Jordan Suit Removed to W.D. Pennsylvania ------------------------------------------------------ The case styled as Noah R. Jordan, on behalf of himself and all others similarly situated v. Petco Health and Wellness Company, Inc., Case No. GD-21-013752, was removed from Allegheny County to the U.S. District Court for the Western District of Pennsylvania on Dec. 23, 2021. The District Court Clerk assigned Case No. 2:21-cv-01858-DSC to the proceeding. The nature of suit is stated as Other Personal Property. Petco -- https://corporate.petco.com/ -- is a category-defining health and wellness company focused on improving the lives of pets, pet parents and our own Petco partners.[BN] The Plaintiff is represented by: Frank G. Salpietro, Esq. ROTHMAN GORDON, P.C. 310 Grant Street, Third Floor Pittsburgh, PA 15219 Phone: (412) 338-1185 Fax: (412) 281-7304 Email: fgsalpietro@rothmangordon.com The Defendant is represented by: Meredith Slawe, Esq. COZEN O'CONNOR One Liberty Place 1650 Market Street, Ste. 2800 Philadelphia, PA 19103 Phone: (215) 665-4175 Fax: (215) 665-2364 Email: mslawe@cozen.com PJ OPERATIONS: Crook Slams Improper Wages ----------------------------------------- Joey Crook, individually and on behalf of similarly situated persons, Plaintiff, v. PJ Operations, LLC, Tom Wylie and David Allen, Defendants, Case No. 21-cv-00321 (E.D. K.Y., December 27, 2021), seeks overtime compensation, all required remuneration, non-discretionary bonuses, final injunctive and/or declaratory relief, and prejudgment and post-judgment interest under the Fair Labor Standards Act. Defendants own and operate 23 Papa John's Pizza franchise stores throughout Kentucky, Virginia, Tennessee, North Dakota, Minnesota, and Virginia where Crook worked as a delivery driver. Defendants allegedly took a tip credit from Crook when he was making deliveries and made him use his own car for deliveries. He claims that the delivery fee he gets is not enough to cover his vehicular expenses. He also claims that he occasionally worked hours over 40 in a week, and in these weeks he did not receive a sufficient overtime premium because of the unreimbursed mileage expenses. [BN] Plaintiff is represented by: J. Corey Asay, Esq. MORGAN & MORGAN, P.A. 333 W. Vine Street, Suite 1200 Lexington, KY 40507 Phone: (859) 286-8368 Fax: (859) 286-8384 Email: casay@forthepeople.com - and - Gregory R. Schmitz, Esq. Jolie N. Pavlos, Esq. MORGAN & MORGAN, P.A. 20 North Orange Avenue, 15th Floor Orlando, FL 32801 Telephone: (407) 204-2170 Facsimile: (407) 245-3401 E-mail: gschmitz@forthepeople.com JPavlos@forthepeople.com - and - Andrew R. Biller, Esq. BILLER & KIMBLE, LLC 4200 Regent Street, Suite 200 Columbus, OH 43219 Telephone: (614) 604-8759 Facsimile: (614) 340-4620 Email: abiller@billerkimble.com - and - Andrew P. Kimble, Esq. Philip J. Krzeski, Esq. BILLER & KIMBLE, LLC 8044 Montgomery Rd., Ste. 515 Cincinnati, OH 45236 Telephone: (513) 715-8711 Facsimile: (614) 340-4620 Email: akimble@billerkimble.com pkrzeski@billerkimble.com POLESTAR AUTOMOTIVE: Tenzer-Fuchs Files ADA Suit in E.D. New York ----------------------------------------------------------------- A class action lawsuit has been filed against Polestar Automotive USA, Inc. The case is styled as Michelle Tenzer-Fuchs, on behalf of herself and all others similarly situated v. Polestar Automotive USA, Inc., Case No. 2:21-cv-06984 (E.D.N.Y., Dec. 19, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Polestar Automotive USA -- https://www.polestar.com/ -- is an electric performance car brand, determined to improve the society.[BN] The Plaintiff is represented by: Jonathan Shalom, Esq. SHALOM LAW, PLLC 105-13 Metropolitan Avenue Forest Hills, NY 11375 Phone: (718) 971-9474 Email: jonathan@shalomlawny.com POR ENTERPRISES: West Sues Over Illegal Kickbacks, Unpaid Wages --------------------------------------------------------------- ALESE WEST, individually and on behalf of all others similarly situated v. POR ENTERPRISES INC dba THE PONY TOO, an Alabama Corporation; JUAN DEDIOSPENA, an individual; DOE MANAGERS 1 through 3; and DOES 4 through 10, inclusive, Case No. 5:21-cv-01722-HNJ (N.D. Ala., Dec. 29, 2021) sues over failure to pay minimum wages, illegal kickbacks, unlawful taking of tips, and forced tip sharing pursuant to the Fair Labor Standards Act. The Plaintiff worked as a dancer for Defendants at various times from February 2021 to May 2021. The Defendants operate an adult-oriented entertainment facility located at 8700 Highway 72 W. Madison, AL 35758-9582. The Defendants' club located at 8700 Highway 72 W. Madison, AL 35758-9582 operates under the name "The Pony Too" (formerly known as 'Jimmy's Lounge').[BN] The Plaintiff is represented by: Jason P. Tortorici, Esq. SCHILLECI & TORTORICI, P.C. 100 Centerview Drive, Suite 205 Birmingham, AL 35233 Telephone: (205) 978-4211 E-mail: jpt@schillecitortoricilaw.com - and - John P. Kristensen, Esq. CARPENTER & ZUCKERMAN 8827 W. Olympic Boulevard Beverly Hills, CA 90211 Telephone: (310) 507-7924 Facsimile: (310) 507-7906 E-mail: kristensen@cz.law - and - Jarrett L. Ellzey, ELLZEY & ASSOCIATES , PLLC 1105 Milford Street Houston, TX 77066 Telephone: (713) 554-2377 Facsimile: (888) 995-3335 E-mail: jarrett@hughesellzey.com PORCH.COM INC: Tavarez-Vargas Files ADA Suit in S.D. New York ------------------------------------------------------------- A class action lawsuit has been filed against Porch.com, Inc. The case is styled as Carmen Tavarez-Vargas, on behalf of himself and all others similarly situated v. Porch.com, Inc., Case No. 1:21-cv-10797-KPF (S.D.N.Y., Dec. 16, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Porch -- https://porch.com/ -- is the home services platform, connects homeowners with quality home improvement, repair and maintenance professionals.[BN] The Plaintiff is represented by: Edward Y. Kroub, Esq. MIZRAHI KROUB LLP 200 Vesey Street, Ste. 24th Floor New York, NY 10281 Phone: (212) 595-6200 Email: ekroub@mizrahikroub.com PROCTER & GAMBLE: Blake Slams Benzene in Aerosol Products --------------------------------------------------------- Beth Blake, individually and on behalf of all others similarly situated, Plaintiff, v. The Procter & Gamble Company, Defendant, Case No. 21-cv-00794 (S.D. Ohio, December 23, 2021), seeks to recover actual damages, statutory damages, attorney fees and costs for breaches of express warranty, implied warranty of merchantability under New York State's deceptive and unfair trade practices acts, and various states' consumer protection laws. Procter & Gamble formulated, designed, manufactured, marketed, advertised, distributed "Old Spice," "Pantene," "Aussie," "Herbal Essences" and "Waterless" branded aerosol products. Blake claims that they contain benzene, a known carcinogen. [BN] Plaintiff is represented by: Matthew Metzger, Esq. WOLTERMAN LAW OFFICE 434W Loveland Ave. Loveland, OH 45140 Tel: (513) 964-2589 Fax: (513) 322-4557 Email: matt@woltermanlaw.com - and - Michael J. Gabrielli, Esq. GABRIELLI LEVITT LLP 2426 Eastchester Road, Suite 215 Bronx, NY 10469 Tel: (718) 708-5322 Fax: (718) 708-5966 Email: michael@gabriellilaw.com - and - Jonathan Shub, Esq. Kevin Laukaitis, Esq. SHUB LAW FIRM LLC 134 Kings Hwy E., 2nd Fl. Haddonfield, NJ 08033 Tel: (856) 772-7200 Fax: (856) 210-9088 Email: jshub@shublawyers.com klaukaitis@shublawyers.com PROGRESSIVE CASUALTY: Faces Eagan FLSA Class Suit in N.D. Ohio -------------------------------------------------------------- JOHN EAGAN II and ENYIAZUBUIKE EHIEMERE, individually and on behalf of all others similarly situated, Plaintiffs v. PROGRESSIVE CASUALTY INS. CO., Defendant, Case No. 1:21-cv-02348-PAB (N.D. Ohio, December 15, 2021) is a class action against the Defendant for its failure to compensate the Plaintiffs and similarly situated workers appropriate minimum wages and overtime pay for all hours worked in excess of 40 hours in a workweek in violation of the Fair Labor Standards Act of 1938 and the Michigan Workforce Opportunity Wage Act. The Plaintiffs worked for the Defendant as manager repair representatives since July 2014. Progressive Casualty Ins. Co. is an insurance provider based in Ohio. [BN] The Plaintiffs are represented by: Robert E. DeRose, Esq. BARKAN MEIZLISH DEROSE COX, LLP 4200 Regent Street, Suite 210 Columbus, OH 43219 Telephone: (614) 221-4221 Facsimile: (614) 744-2300 E-mail: bderose@barkanmeizlish.com - and – Clif Alexander, Esq. Austin W. Anderson, Esq. ANDERSON ALEXANDER, PLLC 819 N. Upper Broadway Corpus Christi, TX 78401 Telephone: (361) 452-1279 Facsimile: (361) 452-1284 E-mail: clif@a2xlaw.com austin@a2xlaw.com - and – Jennifer McManus, Esq. FAGAN MCMANUS, P.C. 25892 Woodward Avenue Royal Oak, MI Telephone: (248) 542-6300 E-mail: jmcmanus@faganlaw.com PROTEMACH INC: Kimia Files Suit in Cal. Super. Ct. -------------------------------------------------- A class action lawsuit has been filed against Protemach, Inc. The case is styled as Abbasaghaee Kimia, an individual on behalf of herself and all others similarly situated v. Protemach, Inc. doing business as Almas Food, Case No. 21STCV45913 (Cal. Super. Ct., Los Angeles Cty., Dec. 16, 2021). The case type is stated as "Other Non-Personal Injury/Property Damage tort (General Jurisdiction)." Protemach, Inc. doing business as Almas Food -- https://almasfood.com/ -- produces all types of high end halal deli meats, burgers and kebobs.[BN] The Plaintiff is represented by: Fahim Farivar, Esq. FARIVAR LAW FIRM, APC 18321 Ventura Blvd., Suite 750 Tarzana, CA 91356 Office Number: 818.812.7868 Facsimiles: 310.881.6986 PTC INC: Khan Seeks Initial Approval of Settlement Deal -------------------------------------------------------- In the class action lawsuit captioned as KRISTAL M. KHAN, MICHELLE R. BALLINGER, and GEORGE A. CRAAN, individually and on behalf of all others similarly situated, v. PTC INC., THE BOARD OF DIRECTORS OF PTC INC., THE INVESTMENT COMMITTEE OF PTC INC., and JOHN DOES 1-30, Case No. 1:20-cv-11710-WGY (D. Mass.), the Plaintiffs Kristal M. Khan, Michelle R. Ballinger, and George A. Craan, participants in the PTC 401(k) Savings Plan submit an unnopposed motion for preliminary approval of the class action settlement agreement entered into with Defendants, preliminary certification of settlement class, approval of class notice, approval of Plan of Allocation, and scheduling of a fairness hearing. PTC Inc. is an American computer software and services company founded in 1985 and headquartered in Boston, Massachusetts. A copy of the Plaintiff's motion to certify class dated Dec. 17, 2021 is available from PacerMonitor.com at https://bit.ly/3sMPkKl at no extra charge.[CC] The Plaintiff is represented by: Mark K. Gyandoh, Esq. Gabrielle Kelerchian, Esq. Donald R. Reavey, Esq. CAPOZZI ADLER, P.C. 312 Old Lancaster Road Merion Station, PA 19066 Telephone: (610) 890-0200 Facsimile: (717) 233-4103 E-mail: markg@capozziadler.com gabriellek@capozziadler.com Email: @capozziadler.com QG PRINTING: James Sims Seeks to Certify Classes ------------------------------------------------ In the class action lawsuit captioned as JAMES SIMS, as an individual and on behalf of all others similarly situated, v. QG PRINTING II LLC, a Connecticut limited liability company; 74 QG PRINTING II LLC, business organization, form unknown; and DOES 1 through 50, inclusive, Case No. 5:20-cv-01632-DMG-KK (C.D. Cal.), the Plaintiff asks the Court to enter an order: 1. certifying the following Classes: a. All current and former non-exempt press production employees of Defendant QG Printing II LLC ("Defendant") who worked at Defendant's Riverside, Merced, and/or Sacramento facility in the State of California at any time between April 6, 2016, through the present (the "Class"); and b. All current and former non-exempt press production employees of Defendant who worked at Defendant’s Riverside, California facility, at any time between April 6, 2016, through the present (the "Riverside Call-In Sub-Class"); and 2. Finding Plaintiff to be an adequate representative and certifying him as the class representative; and 3. Finding Plaintiff's counsel and their respective firms, namely Larry W. Lee and Mai Tulyathan of Diversity Law Group, P.C., and William L. Marder of Polaris Law Group LLP as adequate class counsel and certifying them as class counsel. A copy of the Plaintiff's motion to certify class dated Dec. 17, 2021 is available from PacerMonitor.com at https://bit.ly/3qwPxyq at no extra charge.[CC] The Plaintiff is represented by: Larry W. Lee, Esq. Kwanporn Tulyathan, Esq. DIVERSITY LAW GROUP, P.C. 515 S. Figueroa Street Suite 1250 Los Angeles, CA 90071 Telephone: (213) 488-6555 Facsimile: (213) 488-6554 E-mail: ktulyathan@diversitylaw.com lwlee@diversitylaw.com - and - William L. Marder, Esq. POLARIS LAW GROUP LLP 501 San Benito Street, Suite 200 Hollister, CA 95023 Telephone: (831) 531-4214 Facsimile: (831) 634-0333 E-mail: bill@polarislawgroup.com RADIUS GLOBAL: Greene Files FDCPA Suit in S.D. California --------------------------------------------------------- A class action lawsuit has been filed against Radius Global Solutions, LLC, et al. The case is styled as Donna Greene, individually and on behalf of all others similarly situated v. Radius Global Solutions, LLC, JHPDE Finance I LLC, Case No. 3:21-cv-02128-BEN-AHG (S.D. Cal., Dec. 23, 2021). The lawsuit is brought over alleged violation of the Fair Debt Collection Practices Act. Radius Global Solutions LLC -- https://www.radiusgs.com/ -- provides debt recovery services and customer contact solutions.[BN] The Plaintiff is represented by: Jonathan Aaron Stieglitz, Esq. LAW OFFICES OF JONATHAN STIEGLITZ 11845 W. Olympic Blvd., Suite 800 Los Angeles, CA 90064 Phone: (323) 979-2063 Fax: (323) 488-6748 Email: jonathan.a.stieglitz@gmail.com RANDA ACCESSORIES: Lopez Files ADA Suit in S.D. New York -------------------------------------------------------- A class action lawsuit has been filed against Randa Accessories Leather Goods LLC. The case is styled as Victor Lopez, on behalf of all persons similarly situated v. Randa Accessories Leather Goods LLC, Case No. 1:21-cv-10751 (S.D.N.Y., Dec. 15, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Randa Apparel & Accessories -- http://www.randa.net/-- is a manufacturer, distributor and marketer of men's, women's and children's clothing, belts, wallets, neckwear, neckties, jewelry, slippers, hats, gloves, leather goods, and face masks.[BN] The Plaintiff appears pro se. RAYTHEON TECHNOLOGIES: Brooks-Bey Sues Over No Poach Agreement -------------------------------------------------------------- TARRIQUE BROOKS-BEY and WADNER BRIZEUS, on behalf of themselves and all others similarly situated v. RAYTHEON TECHNOLOGIES CORPORATION, et al., Case No. 3:21-cv-01723 (D. Conn., Dec. 28, 2021) is a civil antitrust action seeking treble damages and injunctive relief on behalf of a proposed Class of aerospace engineers and other skilled-labor employees whose wages were unlawfully suppressed by the Defendants who agreed to restrict the hiring and recruiting of such skilled employees between and among their respective companies. The alleged "no poach" agreement was made by some of the largest aerospace engineering firms in the United States and maintained from at least 2011 through 2019. According to the complaint, the conspiracy was orchestrated and enforced by Defendant Raytheon Technologies Corporation, Pratt & Whitney division, one of the nation's leading aerospace engine design, manufacture, service, and supply companies and five conspiring outsource engineer supplier companies to restrain competition and reduce compensation for their employees. The Plaintiffs are aerospace, mechanical, and civil engineers and other high-skilled workers performing services such as engineering design, testing, software development, supply chain management, and project management for commercial and military aircraft ("Skilled Aerospace Workers"), says the suit. All Defendants shared a common interest achieved via the "no poach" agreement and unfairly profited at the expense of their Skilled Aerospace Workers whose mobility and compensation was suppressed. Defendant Pratt & Whitney further benefited by not only suppressing the compensation of its own workers, but also paying employees of the Supplier Defendants less than they would have if those entities had competitive cost structures. Indeed, the United States Department of Justice ("DOJ"), in a related criminal proceeding, described the conspiracy as one victimizing "thousands of workers" wrought by "corporate executives [who] undermine the careers of their own workers in order to reap undeserved profits and deprive our fellow citizens of opportunities to earn a competitive wage." On December 9, 2021, the DOJ publicly revealed the conspiracy by announcing the indictment of Defendant Mahesh Patel, a Manager and Director of a unit within Defendant Pratt & Whitney in charge of managing the relationship between Pratt & Whitney and its suppliers. See Affidavit in Support of Criminal Complaint and Arrest Warrant, United States v. Patel, Case No. 3:21-mj-01189-RAR-1 (D. Conn. filed Dec. 9, 2021) ("Patel Affidavit"). On December 15, 2021, the DOJ revealed a grand jury indictment against Mr. Patel and five of his co-conspirators, Robert Harvey, Harpreet Wasan, Steven Houghtaling, Tom Edwards, and Gary Prus. See Indictment, United States v. Patel, No. 3:21-cr-00220-VAB (D. Conn. filed Dec. 15, 2021), Dkt. 20 ("DOJ Indictment"). This action arises under section 1 of the Sherman Act (15 U.S.C. Section 1) and section 4 the Clayton Act (15 U.S.C. section 15(a)). The Plaintiffs seek injunctive relief and the recovery of treble damages, costs of suit, and reasonable attorneys' fees for the injuries that Plaintiffs and members of the Class sustained because of Defendants' alleged anticompetitive conduct. The Defendants' conspiracy also denied their employees access to job opportunities, restricted their mobility, and deprived them of significant information that they would have used to negotiate for better compensation and terms of employment. In addition, Defendants' conspiracy eliminated the need for compensation increases to preempt competitive offers and retain employees. The result, by design, was suppression of broad employee pay structures, the suit added. The Defendants include PRATT & WHITNEY DIVISION, QUEST GLOBAL SERVICES-NA, INC., BELCAN LLC, CYIENT, INC., PARAMETRIC SOLUTIONS, INC., AGILIS ENGINEERING, INC., MAHESH PATEL, ROBERT HARVEY, HARPREET WASAN, STEVE HOUGHTALING, THOMAS EDWARDS, GARY PRUS, FRANK O'NEILL, CO-CONSPIRATOR 2, CO-CONSPIRATOR 4, AND DOES 1-50.[BN] The Plaintiffs are represented by: Mathew P. Jasinski, Esq. MOTLEY RICE LLC One Corporate Center 20 Church St., 17th Floor Hartford, CT 06103 Telephone: (860) 218-2725 Facsimile: (860) 882-1682 E-mail: mjasinski@motleyrice.com - and - Christopher T. Micheletti, Esq. Heather T. Rankie, Esq. Anjalee M. Behti, Esq. ZELLE LLP 555 12th Street, Suite 1230 Oakland, CA 94607 Telephone: (415) 693-0700 Facsimile: (415) 693-0770 E-mail: cmicheletti@zelle.com hrankie@zelle.com abehti@zelle.com REBELSMARKET INC: Tavarez-Vargas Files ADA Suit in S.D. New York ---------------------------------------------------------------- A class action lawsuit has been filed against RebelsMarket, Inc. The case is styled as Carmen Tavarez-Vargas, on behalf of himself and all others similarly situated v. RebelsMarket, Inc., Case No. 1:21-cv-10975 (S.D.N.Y., Dec. 22, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. RebelsMarket -- https://www.rebelsmarket.com/ -- is an online marketplace where hundreds of different sellers from all over the world sell, ship, and maintain their own products.[BN] The Plaintiff is represented by: Edward Y. Kroub, Esq. MIZRAHI KROUB LLP 200 Vesey Street, Ste. 24th Floor New York, NY 10281 Phone: (212) 595-6200 Email: ekroub@mizrahikroub.com RENEW HEALTH: Faces Diebold PAGA Class Action in California ----------------------------------------------------------- CORY DIEBOLD, individually and on behalf of all others similarly situated, Plaintiff v. RENEW HEALTH GROUP LLC; PACIFIC PARK HEALTHCARE CENTER LLC; and DOES 1-50, Defendants, Case No. 21GDCV01393 (Cal. Super., Los Angeles Cty., December 15, 2021) is a class action against the Defendants for violation of the California Private Attorneys General Act (PAGA) by requiring their employees to sign a mandatory arbitration agreement which deters them from pursuing PAGA claims that they otherwise are entitled to pursue in court. The Plaintiff worked for the Defendants as a full-time licensed administrator at the Pacific Park Healthcare Center in Glendale, California from January 2020 until 2021. Renew Health Group LLC is a provider of healthcare services based in California. Pacific Park Healthcare Center LLC is a provider of skilled nursing services located in Glendale, California. [BN] The Plaintiff is represented by: Ari E. Moss, Esq. Jeremy F. Bollinger, Esq. Jorge A. Flores, Esq. MOSS BOLLINGER LLP 15300 Ventura Blvd., Ste. 207 Sherman Oaks, CA 91403 Telephone: (310) 982-2984 Facsimile: (818) 963-5954 E-mail: ari@mossbollinger.com jeremy@mossbollinger.com anthony@mossbollinger.com RESIGNATION HOLDING: Tavarez-Vargas Files ADA Suit in S.D. New York ------------------------------------------------------------------- A class action lawsuit has been filed against Resignation Holdings, LLC. The case is styled as Carmen Tavarez-Vargas, on behalf of himself and all others similarly situated v. Resignation Holdings, LLC, Case No. 1:21-cv-10977 (S.D.N.Y., Dec. 22, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Resignation Holdings, LLC is located in Austin, Texas and is part of the Specialized Design Services Industry.[BN] The Plaintiff is represented by: Edward Y. Kroub, Esq. MIZRAHI KROUB LLP 200 Vesey Street, Ste. 24th Floor New York, NY 10281 Phone: (212) 595-6200 Email: ekroub@mizrahikroub.com ROYAL APPLIANCE: Ortega Files ADA Suit in S.D. New York ------------------------------------------------------- A class action lawsuit has been filed against Royal Appliance Mfg. Co. The case is styled as Juan Ortega, on behalf of himself and all others similarly situated v. Royal Appliance Mfg. Co., Case No. 1:21-cv-10737 (S.D.N.Y., Dec. 15, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Royal Appliance Manufacturing Company -- https://www.royalappliance.com/ -- develops, assembles, and markets a full line of cleaning products for home and commercial use.[BN] The Plaintiff is represented by: Jonathan Phillip Rubin, Esq. LAW OFFICE OF JONATHAN P. RUBIN, PLLC 3000 Marcus Ave., Ste 1e5 Lake Success, NY 11042 Phone: (917) 957-0978 Email: jprubinesq@gmail.com ROYAL CATERING: Vasquez Files FLSA Suit in N.D. Texas ----------------------------------------------------- A class action lawsuit has been filed against Royal Catering Inc. The case is styled as Jose Vasquez, individually and on behalf of all others similarly situated v. Royal Catering Inc., Case No. 3:21-cv-03035-D (N.D. Tex., Dec. 6, 2021). The lawsuit is brought over alleged violation of the Fair Labor Standards Act. Royal Catering Inc. -- https://royalcateringdfw.com/ -- offers catering services.[BN] The Plaintiff is represented by: Philip Bohrer, Esq. BOHRER BRADY LLC 8712 Jefferson Highway, Suite B Baton Rouge, LA 70809 Phone: (225) 925-5297 Fax: (225) 231-7000 Email: phil@bohrerbrady.com - and - David Warren Henderson, Esq. Jay D. Ellwanger, Esq. ELLWANGER LAW LLLP 400 S. Zang Blvd., Suite 600 Dallas, TX 75208 Phone: (469) 998-6775 Fax: (469) 998-6775 Email: dhenderson@equalrights.law jellwanger@equalrights.law The Defendant is represented by: Talley Ray Parker, Esq. JACKSON LEWIS LLP 500 N. Akard, Suite 2500 Dallas, TX 75201 Phone: (214) 520-2400 Fax: (214) 520-2008 Email: talley.parker@jacksonlewis.com RUSHMORE LOAN: Panzarella Seeks to Certify FDCPA Class ------------------------------------------------------ In the class action lawsuit captioned as ELIZABETH PANZARELLA, individually & on behalf of all others similarly situated, v. RUSHMORE LOAN MANAGEMENT SERVICES, LLC, Case No. 2:20-cv-04467-PD (E.D. Pa.), the Plaintiff asks the Court to enter an order: 1. certifying the Fair Debt Collection Practices Act (FDCPA) class pursuant to Fed. R. Civ.P. 23(a) and (b)(3); 2. appointing her as class representative; and 3. appointing her counsel as class counsel. The proposed class covers persons against whom Rushmore assessed and/or collected AOM fees and/or Unearned Foreclosure Fees, and is defined as follows: Those persons in the Commonwealth of Pennsylvania for whom Rushmore: a. Acquired the mortgage servicing or collection rights of their consumer, residential mortgage loans when it believed the loan was in default to collect on behalf of another who owned the loan; and b. From September 11, 2019, through June 10, 2021, Rushmore sought or did collect (i) AOM Fees related to the mortgage and/or (ii) Unearned Foreclosure Fees related to the mortgage ("FDCPA Class"). The proposed class meets all of the requirements of Fed. R. Civ.P. 23 necessary to certify classes that will allow Pennsylvania citizens to recover the actual out of pocket and statutory damages allowed by the FDCPA, the Plaintiff contends. Rushmore Loan is a multi-faceted residential mortgage servicer located in Irvine, California. A copy of the Plaintiff's motion to certify class dated Dec. 17, 2021 is available from PacerMonitor.com at https://bit.ly/3pAVevV at no extra charge.[CC] The Plaintiff is represented by: Robert P. Cocco, Esq. 1500 Walnut St., Ste. 900 Philadelphia, PA 19102 Telephone: (212) 351-0200 E-mail: bob.cocco@phillyconsumerlaw.com - and - Phillip R. Robinson, Esq. CONSUMER LAW CENTER LLC 10125 Colesville Road, Suite 378 Silver Spring, MD 20901 Telephone: (301) 448-1304 E-mail: phillip@marylandconsumer.com S.C. JOHNSON: Maisel Suit Seeks to Certify Class of Purchasers -------------------------------------------------------------- In the class action lawsuit captioned as ELIZABETH MAISEL, individually and on behalf of all others similarly situated, v. S.C. JOHNSON & SON, INC., a Wisconsin Corporation, Case No. 3:21-cv-00413-TSH (N.D. Cal.), the Plaintiff asks the Court to enter an order that: 1. the case is certified to proceed to the merits as a class action pursuant to Rule 12 23(b)(2) on all causes of action set forth in Plaintiff’s First Amended Class Action Complaint filed against Defendant on behalf of the following class purchasers of the Products: "All residents of the United States who, within the applicable statute of limitations periods, purchased the Products ("Nationwide Class"); and All residents of California who, within four years prior to the filing of this Complaint, purchased the Products ("California Subclass"). Excluded from the Class are: (i) Defendant, its assigns, successors, and legal representatives; (ii) any entities in which Defendant has controlling interests; (iii) federal, state, and/or local governments, including, but not limited to, their departments, agencies, divisions, bureaus, boards, sections, groups, counsels, and/or subdivisions; and (iv) any judicial officer presiding over this matter and person within the third degree of consanguinity to such judicial officer. 2. Plaintiff Elizabeth Maisel is appointed as Class Representative. 3. Ryan J. Clarkson, Shireen M. Clarkson, Katherine A. Bruce, and Kelsey J. Elling of Clarkson Law Firm, P.C., and Christopher D. Moon and Kevin O. Moon of Moon Law APC are appointed Class Counsel pursuant to Rule 23(g). S.C. Johnson is an American multinational, privately-held manufacturer of household cleaning supplies and other consumer chemicals based in Racine, Wisconsin. The company is owned by the Johnson family. A copy of the Court's order dated Dec. 20, 2021 is available from PacerMonitor.com at https://bit.ly/3qDSqxp at no extra charge.[CC] The Plaintiff is represented by: Ryan J. Clarkson, Esq. Shireen M. Clarkson, Esq. Katherine A. Bruce, Esq. Kelsey J. Elling, Esq. CLARKSON LAW FIRM, P.C. 9255 Sunset Blvd No. 804 Los Angeles, CA 90069 - and - Christopher D. Moon, Esq. Kevin O. Moon, Esq. MOON LAW, APC San Diego, CA Telephone (619) 915-9432 SAMAHA INVESTMENTS: Briggs Files Suit in N.D. Illinois ------------------------------------------------------ A class action lawsuit has been filed against Samaha Investments, Inc. The case is styled as Karen Briggs, individually and on behalf of all others similarly situated v. Samaha Investments, Inc. doing business as: Tuffy Plainfield, Case No. 1:21-cv-06762 (N.D. Ill., Dec. 20, 2021). The lawsuit is brought over alleged violation of the Telephone Consumer Protection Act for Restrictions of Use of Telephone Equipment. Samaha Investments, Inc. doing business as Tuffy Plainfield -- https://www.tuffyplainfield.com/ -- is one of the largest full-service automotive repair franchises in the country.[BN] The Plaintiff is represented by: Andrew Shamis, Esq. SHAMIS & GENTILE, PA 14 NE 1st Ave., Suite 1205 Miami, FL 33132 Phone: (305) 479-2299 Email: ashamis@sflinjuryattorneys.com SAZERAC COMPANY: Ortega Files ADA Suit in S.D. New York ------------------------------------------------------- A class action lawsuit has been filed against Sazerac Company, Inc. The case is styled as Juan Ortega, on behalf of himself and all others similarly situated v. Sazerac Company, Inc., Case No. 1:21-cv-10993 (S.D.N.Y., Dec. 22, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Sazerac Company, Inc. -- http://www.sazerac.com/-- is a privately held American alcoholic beverage company headquartered in Metairie in the metropolitan area of New Orleans, Louisiana, but with its principal office in Louisville, Kentucky.[BN] The Plaintiff is represented by: Jonathan Phillip Rubin, Esq. LAW OFFICE OF JONATHAN P. RUBIN, PLLC 3000 Marcus Ave., Ste 1e5 Lake Success, NY 11042 Phone: (917) 957-0978 Email: jprubinesq@gmail.com SBK DELIVERY: Time Extension to Oppose Class Cert. Bid Sought ------------------------------------------------------------- In the class action lawsuit captioned as Timothy Miller III v. SBK Delivery, LLC, Case No. 2:21-cv-04744-MHW-EPD (S.D. Ohio), the parties asks the Court to enter an order granting an extension of time for the Defendant to file its Memorandum in Opposition to Plaintiff's Motion for Conditional Certification to January 31, 2022. This is a class/collective action under the Fair Labor Standards Act (FLSA) and Ohio wage and hour law. The Defendant is in the business of package delivery. Most of its drivers are employees while others, including Plaintiff, are independent contractors. The primary issues here are whether the drivers who signed an independent contractor agreement are contractors or employees and, if employees, whether the putative class members worked overtime without overtime pay. The Defendant's position is the delivery drivers were appropriately classified as independent contractors and thus are not owed overtime pay. The Complaint was filed on September 22, 2021. The Magistrate entered a Rule 26(F) Case Management Order on November 4, 2021. The Defendant filed its Answer on November 18, 2021. On November 18, 2021, Defendant served a Notice of Deposition of Class Representative Miller for December 10, 2021. The Defendant's intent is to take an early deposition of Miller to obtain testimony that could be used to possibly defeat the Conditional Certification Motion. A copy of the Plaintiff's motion dated Dec. 17, 2021 is available from PacerMonitor.com at https://bit.ly/3eAkxry at no extra charge.[CC] The Plaintiff is represented by: Emily J. Lewis, Esq. LAW OFFICES OF EMILY J. LEWIS, LLC 5650 Blazer Parkway Dublin, OH 43017 Telephone (614) 734 6270 Facsimile (614) 734-6270 E-mail: ejl@elewislaw.com - and - Greg R. Mansell, Esq. Carrie. J. Dyer, Esq. Rhiannon M. Herbert, Esq. MANSELL LAW, LLC 1457 S. High St. Columbus, OH 43207 Telephone: (614) 796-4325 Facsimile: (614) 547-3614 E-mail: Greg@MansellLawLLC.com Carrie@MansellLawLLC.com Rhiannon@MansellLawLLC.com SEDGWICK CLAIMS: Adams-Gillard Seeks Initial OK of Settlement Deal ------------------------------------------------------------------- In the class action lawsuit captioned as DENITA ADAMS-GILLARD, KATHYRN HAMANN, and JAY SYCKS, on behalf of themselves and all others similarly situated, v. SEDGWICK CLAIMS MANAGEMENT SERVICES, Inc., a Tennessee for Profit Corporation, Case No. 2:21-cv-02038-SHM-cgc (W.D. Tenn.), the Plaintiffs ask the Court to enter an order: -- Granting preliminary approval of the Settlement Agreement under Rule 23(e); -- Certify the Illinois and Ohio Classes for purposes of settlement; -- Approval of the form and content of the proposed Settlement Notice attached to the Settlement Agreement for each Class; -- Approving and directing the mailing of the Settlement Notice to Members in each Class by first class mail, consistent with the procedures specified in the Settlement Agreement; -- Appointing Simpluris as the Settlement Administrator as agreed to by the parties pursuant to the Settlement Agreement; and, -- Scheduling a Fairness Hearing following the close of the notice period at which the Parties will seek final approval of the Settlement Agreement under Rule 23(e). The Plaintiffs contend that the Settlement provides substantial benefits via a Settlement Fund established for the benefit of the Settlement Classes. A third-party Settlement Administrator (Simpluris) will administer the class settlement process monitored by defense counsel with updates provided to Class Counsel. The Plaintiffs' Counsel will pay for the costs of the Settlement Administrator, which includes the cost of the Settlement Notice by first class mail. Sedgwick will not oppose Plaintiff's request for attorneys' fees and costs/expenses in the total amount of $400,000 as set forth in the Settlement Agreement and the employer taxes of the Qualified Settlement Fund (QSF). The proposed Settlement Agreement addresses Plaintiffs' litigation objectives and provides significant compensation to Class Members. The Settlement was negotiated by lawyers experienced in complex litigation and overtime cases during many months of arms-length negotiations. For these reasons, Plaintiffs respectfully submit that this Settlement Agreement enjoys a presumption of fairness and should be preliminarily approved by the Courtm, the Plaintiffs add. The Plaintiffs move for certification for settlement purposes only of two separate Classes, defined within the Settlement Agreement as follows: The "Illinois Class" which is comprised of current and former employees of Sedgwick who held the position of "Disability Representative Sr" processing disability claims in Illinois during the time period from January 15, 2018 to May 24, 2021 except for those 16 individuals who were the subject of the tolling agreement entered into in conjunction with the Easterwood, et al. v. Sedgwick Claims Management Services, Inc. action, Middle District of Florida, Civil Action No. 6:19-cv- 700 for whom the time period commences as early as July 21, 2017; and, who were classified as exempt from overtime wages. This class excludes those individuals who worked as Disability Representative Seniors in Illinois handling ADA accommodation claims. The "Ohio Class" refers to all current and former employees of Sedgwick who held the position of "Disability Representative Sr" processing disability claims in Ohio during the time period from January 15, 2019 to May 24, 2021 except for those 15 individuals who were the subject of the tolling agreement entered into in conjunction with the Easterwood, et al. v. Sedgwick Claims Management Services, Inc. action, Middle District of Florida, Civil Action No. 6:19-cv-700 for whom the time period commences as early as July 20, 2018; and, who were classified as exempt from overtime wages. This case was filed on January 15, 2021. Adams-Gillard and Sycks worked for Sedgwick in the salaried position of "Disability Representative Senior" processing disability claims in their respective states of Illinois and Ohio. The Plaintiffs allege Sedgwick misclassified them as exempt from overtime compensation in violation of their respective state laws and applicable ordinances. Sedgwick denies the allegations and contends that Plaintiffs were properly classified as exempt. The parties also have significant disputes over whether Plaintiffs were misclassified or subject to an exemption; the number of hours worked by Plaintiffs; and, if owed overtime pay, the appropriate way to calculate it, including whether liquidated damages and/other applicable penalties under state laws and ordinances were appropriate for members within each class. These issues and all other aspects of potentially applicable exemptions and remedies were contested between the parties during the ongoing discovery and negotiation period. Sedgwick provides claims and productivity management services. A copy of the Plaintiffs' motion dated Dec. 16, 2021 is available from PacerMonitor.com at https://bit.ly/3JptdiF at no extra charge.[CC] The Plaintiffs are represented by: Mary E. Lytle, Esq. David V. Barszcz, Esq. LYTLE & BARSZCZ, P.A. 533 Versailles Drive, 2 nd Floor Maitland, FL 32751 Telephone: (407) 622-6544 Facsimile: (407) 622-6545 E-mail: mlytle@lblaw.attorney dbarszcz@lblaw.attorney The Defendant is represented by: Robin A. Wofford, Esq. Lois M. Kosch, Esq. Meryl C. Maneker, Esq. Leticia C. Butler, Esq. WILSON TURNER KOSMO LLP 402 West Broadway, Suite 1600 San Diego, CA 92101 E-mail: rwofford@wilsonturnerkosmo.com lkosch@wilsonturnerkosmo.com mmaneker@wilsonturnerkosmo.com lbutler@wilsonturnerkosmo.com - and- Thomas L. Henderson, Esq. OGLETREE DEAKINS NASH SMOAK & STEWART, P.C. 6410 Poplar Avenue, Suite 300 Memphis TN 38119 E-mail: Thomas.henderson@ogletreedeakins.com - and- John W. Billhorn, Esq. Samuel D. Engelson, Esq. BILLHORN LAW FIRM 53 W. Jackson Blvd., Suite 401 Chicago, IL 60604 E-mail: jbillhorn@billhornlaw.com sengelson@billhornlaw.com - and- Robert S. Arns, Esq. Shounak S. Dharap, Esq. ARNS LAW FIRM 515 Folsom St., 3rd Floor San Francisco, CA 94105 E-mail: rsa@arnslaw.com ssd@arnslaw.com SEEDS BEAUTY: Tavarez-Vargas Files ADA Suit in S.D. New York ------------------------------------------------------------ A class action lawsuit has been filed against Seeds Beauty Products LLC. The case is styled as Carmen Tavarez-Vargas, on behalf of himself and all others similarly situated v. Seeds Beauty Products LLC, Case No. 1:21-cv-10796-VEC (S.D.N.Y., Dec. 16, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Seeds Beauty Products doing busiess as Seed Phytonutrients -- https://seedphytonutrients.com/ -- is a clean beauty brand on a mission to craft formulas that are more trusted than they are trendy, with minimal impact on the planet.[BN] The Plaintiff is represented by: Edward Y. Kroub, Esq. MIZRAHI KROUB LLP 200 Vesey Street, Ste. 24th Floor New York, NY 10281 Phone: (212) 595-6200 Email: ekroub@mizrahikroub.com SELECT PORTFOLIO: Fleming Suit Removed to D. Massachusetts ---------------------------------------------------------- The case styled as Kelli Fleming, Betsy Anne Gosselin, Joseph T. Pappalardo, Alan Pettway, Peter M. Squires, Jared Morgan, Donna M. Prioli, Paul S. Prioli, on behalf of themselves and all others so similarly situated v. Select Portfolio Servicing; Deutsche Bank National Trust Company, as Indenture Trustee, on Behalf of the Holders of the Accredited Mortgage Loan Trust 2005-4 Asset Backed Notes; Deutsche Bank National Trust Company as Trustee, in Trust for Registered Holders of Long Beach Mortgage Loan Trust 2006-1, Asset-Backed Certificates, Series 2006-1; Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-WL2; U.S. Bank NA, Successor Trustee to Bank of America, NA, Successor in Interest to LaSalle Bank NA, on Behalf of the Registered Holders of Bear Stearns Asset Backed Securities I LLC, Asset-Backed Certif; U.S. Bank, Successor Trustee to LaSalle Bank National Association, on Behalf of the Holders of Bear Stearns Asset Backed Securities I Trust 2006-HE2, Asset-Backed Certificates Series 2006-HE2; U.S. Bank National Association, as Indenture Trustee, for the CIM Trust 2016-3, Mortgage-Backed Notes, Series 2016-3; Wilmington Trust, NA, Successor Trustee to Citibank, N.A., as Trustee for Bear Stearns ALT-A Trust 2006-4, Mortgage Pass-Through Certificates, Series 2006-4; Case No. 2181CV04502, was removed from the Middlesex Superior Court to the U.S. District Court for the District of Massachusetts on Dec. 20, 2021. The District Court Clerk assigned Case No. 1:21-cv-12092 to the proceeding. The nature of suit is stated as Real Property: Foreclosure. Select Portfolio Servicing, Inc. -- http://www.spservicing.com/-- is a loan servicing company founded in 1989 as Fairbanks Capital Corp. with operations in Salt Lake City, Utah and Jacksonville, Florida.[BN] The Plaintiffs appear pro se. The Defendants are represented by: Samuel C. Bodurtha, Esq. HINSHAW & CULBERTSON LLP 53 State Street, 27th Floor Boston, MA 02109 Phone: (617) 213-7000 Fax: (617) 213-7001 Email: sbodurtha@hinshawlaw.com SHELTERLOGIC CORP: Ortega Files ADA Suit in S.D. New York --------------------------------------------------------- A class action lawsuit has been filed against ShelterLogic Corp. The case is styled as Juan Ortega, on behalf of himself and all others similarly situated v. ShelterLogic Corp., Case No. 1:21-cv-10990 (S.D.N.Y., Dec. 22, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. ShelterLogic -- https://www.shelterlogic.com/ -- is a leader of outdoor canopies, backyard shelters, and storage sheds. Shop our storage and outdoor furniture.[BN] The Plaintiff is represented by: Jonathan Phillip Rubin, Esq. LAW OFFICE OF JONATHAN P. RUBIN, PLLC 3000 Marcus Ave., Ste 1e5 Lake Success, NY 11042 Phone: (917) 957-0978 Email: jprubinesq@gmail.com SIDEPRIZE LLC: Fischler Files ADA Suit in E.D. New York ------------------------------------------------------- A class action lawsuit has been filed against Sideprize LLC. The case is styled as Brian Fischler, Individually and on behalf of all other persons similarly situated v. Sideprize LLC doing business as: PrizePicks, Case No. 1:21-cv-06952-BMC (E.D.N.Y., Dec. 17, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Sideprize LLC doing business as PrizePicks -- https://prizepicks.com/ -- is the simplest, fastest, & most exciting daily fantasy sports game.[BN] The Plaintiff is represented by: Christopher Howard Lowe, Esq. LIPSKY LOWE LLP 420 Lexington Avenue, Suite 1830 New York, NY 10170-1830 Phone: (212) 764-7171 Email: chris@lipskylowe.com SILVER F. INC: Ford Files Suit in Cal. Super. Ct. ------------------------------------------------- A class action lawsuit has been filed against The Silver F. Inc., et al. The case is styled as Billy Ford, on behalf of all others similarly situated v. The Silver F. Inc., a California corporation, Does 1 through 50, Case No. 34-2021-00313161-CU-OE-GDS (Cal. Super. Ct., Sacramento Cty., Dec. 23, 2021). The case type is stated as "Other Employment - Civil Unlimited." The Silver F Inc. is located in Sacramento, California and is part of the Drinking Places (Alcoholic Beverages) Industry.[BN] The Plaintiffs are represented by: Larry W. Lee, Esq. DIVERSITY LAW GROUP 515 S Figueroa St. Ste. 1250 Los Angeles, CA 90071-3316 Phone: 213-488-6555 Fax: 213-488-6554 Email: lwlee@diversitylaw.com SILVER LINING: Umbetova Files Suit in N.Y. Sup. Ct. --------------------------------------------------- A class action lawsuit has been filed against Silver Lining Homecare Agency, Inc., et al. The case is styled as Anara Umbetova, individual and on behalf of all other persons similarly situated who were employed by the Defendant and any other related entities v. Silver Lining Homecare Agency, Inc., Case No. 161217/2021 (N.Y. Sup. Ct., New York Cty., Dec. 15, 2021). Silver Lining Home Healthcare -- https://silverlininghealthcare.com/ -- specializes in making seniors able to live where they want to most: at their own home.[BN] SMILE BRANDS: Ponce Suit Removed to C.D. California --------------------------------------------------- The case styled as Angelica Ponce, individually and on behalf of all others similarly situated v. Smile Brands Inc., Sahawneh Dental Corporation, Case No. 30-02021-01232683, was removed from the Orange County Superior Court to the U.S. District Court for the Central District of California on Dec. 23, 2021. The District Court Clerk assigned Case No. 8:21-cv-02115 to the proceeding. The nature of suit is stated as Other P.I. Smile Brands, Inc. -- https://smilebrands.com/ -- provides support services to general and multi-specialty dental groups.[BN] The Plaintiff appears pro se. The Defendant is represented by: John Nadolenco, Esq. MAYER BROWN LLP 350 South Grand Avenue 25th Floor Los Angeles, CA 90071 Phone: (213) 229-9500 Fax: (213) 625-0248 Email: jnadolenco@mayerbrown.com SMITTY'S SUPPLY: Filing of Class Cert. Bid Due July 11, 2022 ------------------------------------------------------------ In the class action lawsuit re: Smitty's/Cam2 303 Tractor Hydraulic Fluid Marketing, Sales Practices and Products Liability Litigation, Case No. 4:20-md-02936 (W.D. Mo.), the Hon. Judge Stephen R. Bough entered an order that: -- the Defendants shall disclose their class action experts on or before June 14, 2022, and at the time of disclosure shall likewise provide deposition dates within 21 days for the completion of those depositions; -- the deadline for Plaintiffs to file a motion for class certification is on or before July 11, 2022; -- the Defendants' response to the motion for class certification shall be filed on or before August 15, 2022; and -- The Plaintiffs' reply brief in support of motion for class certification shall be filed on or before August 30, 2022. The nature of suit states Torts -- Personal Property -- Other Fraud.[CC] SOCK DRAWER: Tavarez-Vargas Files ADA Suit in S.D. New York ----------------------------------------------------------- A class action lawsuit has been filed against The Sock Drawer, Incorporated. The case is styled as Carmen Tavarez-Vargas, on behalf of himself and all others similarly situated v. The Sock Drawer, Incorporated, Case No. 1:21-cv-10812 (S.D.N.Y., Dec. 16, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. The Sock Drawer, Inc. -- https://sockdrawer.com/ -- sells socks, and more socks and some fun gift items too.[BN] The Plaintiff is represented by: Edward Y. Kroub, Esq. MIZRAHI KROUB LLP 200 Vesey Street, Ste. 24th Floor New York, NY 10281 Phone: (212) 595-6200 Email: ekroub@mizrahikroub.com SOLE PROVISIONS: Tavarez-Vargas Files ADA Suit in S.D. New York --------------------------------------------------------------- A class action lawsuit has been filed against Sole Provisions LLC. The case is styled as Carmen Tavarez-Vargas, on behalf of himself and all others similarly situated v. Sole Provisions LLC, Case No. 1:21-cv-10793-ALC (S.D.N.Y., Dec. 16, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Sole Provisions -- https://www.soleprovisions.com/ -- offers amazing selection of the world's most stylish comfort footwear for ladies and men, or in store for the best service available anywhere.[BN] The Plaintiff is represented by: Edward Y. Kroub, Esq. MIZRAHI KROUB LLP 200 Vesey Street, Ste. 24th Floor New York, NY 10281 Phone: (212) 595-6200 Email: ekroub@mizrahikroub.com SOUND UNITED: Ortega Files ADA Suit in S.D. New York ---------------------------------------------------- A class action lawsuit has been filed against Sound United, LLC. The case is styled as Juan Ortega, on behalf of himself and all others similarly situated v. Sound United, LLC, Case No. 1:21-cv-10740-AJN-KHP (S.D.N.Y., Dec. 15, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Sound United, LLC -- https://www.soundunited.com/ -- manufactures and retails audio equipments.[BN] The Plaintiff is represented by: Jonathan Phillip Rubin, Esq. LAW OFFICE OF JONATHAN P. RUBIN, PLLC 3000 Marcus Ave., Ste 1e5 Lake Success, NY 11042 Phone: (917) 957-0978 Email: jprubinesq@gmail.com SOUTH VALLEY ALMOND: Cabrera Loses Bid to Remand Suit to State Ct. ------------------------------------------------------------------ In the class action lawsuit captioned as ALVARO LOPEZ CABRERA, on behalf of himself and all others similarly situated, v. SOUTH VALLEY ALMOND COMPANY, LLC, a California limited liability company; AGRESERVES, INC., a Utah corporation; and DOES 1 through 100, inclusive, Case No. 1:21-cv-00748-AWI-JLT (E.D. Cal.), the Hon. Judge Anthony W. Ishii entered an order denying plaintiff Alvaro Lopez Cabrera's motion to remand this putative wage and hour class action to Kern County Superior Court. As alleged in the Complaint, the Plaintiff worked for Defendants in California as a non-exempt employee approximately from July 2012 through April 2020. His duties "included, but were not limited to, harvesting, piling, and cleaning almonds as well as tractor driving, irrigating, machine maintenance, and general labor." The Complaint recites claims "on behalf of Plaintiff and all other current and former non-exempt California 4 employed by or formerly employed by Defend ants" for failure to pay overtime wages; failure to pay minimum wages; failure to provide meal breaks or payment in lieu thereof; failure to provide rest breaks or payment in lieu thereof; waiting time penalties for failure to timely pay all wages earned and due upon discontinuation of employment; failure to issue accurate wage statements; failure to indemnify for business expenses; and unfair competition in violation of section 17200 of the California Business and Professions Code. A copy of the Court's order dated Dec. 16, 2021 is available from PacerMonitor.com at https://bit.ly/3qAhNjy at no extra charge.[CC] SPARK NETWORKS: Tavarez-Vargas Files ADA Suit in S.D. New York -------------------------------------------------------------- A class action lawsuit has been filed against Spark Networks USA, LLC. The case is styled as Carmen Tavarez-Vargas, on behalf of himself and all others similarly situated v. Spark Networks USA, LLC, Case No. 1:21-cv-10807 (S.D.N.Y., Dec. 16, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Spark Networks SE -- https://www.spark.net/ -- is a leading global dating company with a portfolio of premium brands designed for singles seeking serious long-term relationships.[BN] The Plaintiff is represented by: Edward Y. Kroub, Esq. MIZRAHI KROUB LLP 200 Vesey Street, Ste. 24th Floor New York, NY 10281 Phone: (212) 595-6200 Email: ekroub@mizrahikroub.com STANDARD LIFE: Schmidt Files Suit in E.D. California ---------------------------------------------------- A class action lawsuit has been filed against Standard Life Insurance Company, et al. The case is styled as Janice Schmidt, on behalf of herself and all others similarly situated v. Standard Life Insurance Company, Protective Life Insurance Company, Case No. 1:21-at-01111 (E.D. Cal., Dec. 17, 2021). The nature of suit is stated as Insurance for Breach of Contract. The Standard -- https://www.standard.com/ -- is an insurance company that sells group life and accidental death and dismemberment insurance policies.[BN] The Plaintiffs are represented by: Christopher Robert Pitoun, Esq. HAGENS BERMAN SOBOL SHAPIRO LLP 301 North Lake Avenue, Suite 920 Pasadena, CA 91101 Phone: (213) 330-7150 Fax: (213) 330-7152 Email: christopherp@hbsslaw.com STATE AUTO PROPERTY: Casteel Files Suit in S.D. Ohio ---------------------------------------------------- A class action lawsuit has been filed against State Auto Property and Casualty Insurance Company. The case is styled as Debra Casteel, individually and on behalf of all others similarly situated v. State Auto Property and Casualty Insurance Company, Case No. 2:21-cv-05867-ALM-CMV (S.D. Ohio, Dec. 21, 2021). The nature of suit is stated as Insurance for Insurance Contract. State Auto Property and Casualty Insurance Company -- https://www.stateauto.com/ -- provides insurance services.[BN] The Plaintiff is represented by: Andrew John Shamis, Esq. SHAMIS & GENTILE P.A. 14 N.E. 1st Ave, Ste. 1205 Miami, FL 33132 Phone: (305) 479-2299 Fax: (786) 623-0915 Email: ashamis@sflinjuryattorneys.com STATE FARM: Cudd Files Suit in M.D. Georgia ------------------------------------------- A class action lawsuit has been filed against State Farm Mutual Automobile Insurance Company. The case is styled as Jarrett Cudd, on behalf of himself and all others similarly situated v. State Farm Mutual Automobile Insurance Company, Case No. 4:21-cv-00217 (M.D. Ga., Dec. 21, 2021). The nature of suit is stated as Insurance for Insurance Contract. State Farm Insurance -- https://www.statefarm.com/ -- is a large group of insurance companies throughout the United States with corporate headquarters in Bloomington, Illinois.[BN] The Plaintiff appears pro se. STATE FARM: Gulick Files Suit in D. Kansas ------------------------------------------ A class action lawsuit has been filed against State Farm Mutual Automobile Insurance Co. The case is styled as Paula Gulick, Daniel L Gulick, on behalf of herself and all others similarly situated v. State Farm Mutual Automobile Insurance Co., Case No. 2:21-cv-02573-TC-GEB (D. Kan., Dec. 6, 2021). The nature of suit is stated as Insurance for Insurance Contract. State Farm Insurance -- https://www.statefarm.com/ -- is a large group of insurance companies throughout the United States with corporate headquarters in Bloomington, Illinois.[BN] The Plaintiffs are represented by: Edwin Lee Lowther, III, Esq. Jake G. Windley, Esq. Joseph H. Bates, III, Esq. CARNEY BATES & PULLIAM, PLLC 519 W. 7th St. Little Rock, AR 72201 Phone: (501) 312-8500 Fax: (501) 312-8505 Email: llowther@cbplaw.com jwindley@cbplaw.com hbates@cbplaw.com - and - Randall K. Rathbun, Esq. DEPEW GILLEN RATHBUN & MCINTEER, LC 8301 East 21st Street North, Suite 450 Wichita, KS 67206-2936 Phone: (316) 262-4000 ext 108 Fax: (316) 265-3819 Email: randy@depewgillen.com STEEL TECHNOLOGY: Tavarez-Vargas Files ADA Suit in S.D. New York ---------------------------------------------------------------- A class action lawsuit has been filed against Steel Technology, LLC. The case is styled as Carmen Tavarez-Vargas, on behalf of himself and all others similarly situated v. Steel Technology, LLC, Case No. 1:21-cv-10809-VSB (S.D.N.Y., Dec. 16, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Steel Technologies LLC -- https://www.steeltechnologies.com/ -- has been one of the leading steel processors in North America.[BN] The Plaintiff is represented by: Edward Y. Kroub, Esq. MIZRAHI KROUB LLP 200 Vesey Street, Ste. 24th Floor New York, NY 10281 Phone: (212) 595-6200 Email: ekroub@mizrahikroub.com STITCH GOLF: Ortega Files ADA Suit in S.D. New York --------------------------------------------------- A class action lawsuit has been filed against Stitch Golf Holdings, Inc. The case is styled as Juan Ortega, on behalf of himself and all others similarly situated v. Stitch Golf Holdings, Inc., Case No. 1:21-cv-10739-LGS (S.D.N.Y., Dec. 15, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Stitch Golf -- https://stitchgolf.com/ -- is a Luxury Golf brand dedicated to hand crafted, high end products that professionals approve, but amateurs will love.[BN] The Plaintiff is represented by: Jonathan Phillip Rubin, Esq. LAW OFFICE OF JONATHAN P. RUBIN, PLLC 3000 Marcus Ave., Ste 1e5 Lake Success, NY 11042 Phone: (917) 957-0978 Email: jprubinesq@gmail.com STUPP BROS: Bid to Extend Stoklosa Class Cert. Deadlines Filed -------------------------------------------------------------- In the class action lawsuit captioned as ANNA STOKLOSA, Individually And On Behalf Of All Others Similarly Situated, v. STUPP BROS., INC. d/b/a STUPP CORPORATION, Case No. 3:21-cv-00162-SDD-SDJ (M.D. La.) the Parties seeks a 90-day extension on the previously set deadlines for notice completion, opt-outs, and objections. The parties jointly propose that the previous set dates be extended by 90 days, as follows: -- Discovery Pertaining to the issue February 28, 2022 of conditional class certification: -- The Plaintiffs to file a Motion April 11, 2022. for Conditional Class Certification of Collective Action and for Notice to Prospective Class Members: Stupp Bros provides construction services. The Company builds pipelines, bridges, and sports complex, as well as renders banking services. A copy of the Parties' motion dated Dec. 17, 2021 is available from PacerMonitor.com at https://bit.ly/3JuZchr at no extra charge.[CC] The Plaintiff is represented by: Daniel Centner, Esq. Brandon M. Wise, Esq. Adam Florek, Esq. PEIFFER WOLF CARR KANE & CONWAY, APLC 1519 Robert C. Blakes Sr. Drive New Orleans, LA 71030 Telephone: (504) 523-2334 E-mail: dcentner@peifferwolf.com bwise@peifferwolf.com aflorek@peifferwolf.com The Defendant is represented by: Thomas R. Peak, Esq. 450 Laurel Street, 8th Floor P.O. Box 2471 Baton Rouge, LA 70821-2471 Telephone: (225) 387-3221 Facsimile: (225) 346-8049 SWING JUICE: Tavarez-Vargas Files ADA Suit in S.D. New York ----------------------------------------------------------- A class action lawsuit has been filed against Swing Juice LLC. The case is styled as Carmen Tavarez-Vargas, on behalf of himself and all others similarly situated v. Swing Juice LLC, Case No. 1:21-cv-10976 (S.D.N.Y., Dec. 22, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. SwingJuice -- https://swingjuice.com/ -- began as a golf-inspired clothing and apparel brand.[BN] The Plaintiff is represented by: Edward Y. Kroub, Esq. MIZRAHI KROUB LLP 200 Vesey Street, Ste. 24th Floor New York, NY 10281 Phone: (212) 595-6200 Email: ekroub@mizrahikroub.com T-MOBILE USA: Akins Suit Transferred to W.D. Missouri ----------------------------------------------------- The case styled as Timothy Akins, Tara Millhouse, Pamela Lane, Cedric Gay, Lori Williams, Bryan Morton, Sajan George, Cynthia Halton, Sean Jordan, Terri Marble, individually and on behalf of all others similarly situated v. T-Mobile USA Inc., Case No. 2:21-cv-01179, was transferred from the U.S. District Court for the Western District of Washington, to the U.S. District Court for the Western District of Missouri on Dec. 16, 2021. The District Court Clerk assigned Case No. 4:21-cv-00895-BCW to the proceeding. The nature of suit is stated as Other Fraud. T-Mobile US, Inc. -- https://www.t-mobile.com/ -- is an American wireless network operator partly owned by German telecommunications company Deutsche Telekom, which has a 43.2% share.[BN] The Plaintiffs are represented by: Wright A Noel, Esq. CARSON & NOEL PLLC 20 Sixth Avenue Northeast Issaquah, WA 98027 Phone: (425) 395-7786 Email: wright@carsonnoel.com The Defendant is represented by: Kristine McAlister Brown, Esq. ALSTON & BIRD LLP (GA) 1201 W PEACHTREE ST ONE ATLANTIC CTR ATLANTA, GA 30309-3432 Phone: (404) 881-7584 Email: kristy.brown@alston.com - and - Kathleen M O'Sullivan, Esq. Lauren Jeffers Tsuji, Esq. Steve Y. Koh, Esq. PERKINS COIE (SEA) 1201 3RD AVE STE 4900 SEATTLE, WA 98101-3099 Phone: (206) 583-8888 Fax: (206) 583-8500 Email: KOSullivan@perkinscoie.com LTsuji@perkinscoie.com SKoh@perkinscoie.com T-MOBILE USA: Bensen Suit Transferred to W.D. Missouri ------------------------------------------------------ The case styled as Tiffany Bensen, on behalf of herself and all others similarly situated v. T-Mobile, USA Inc., Case No. 6:21-cv-06628, was transferred from the U.S. District Court for the Western District of New York, to the U.S. District Court for the Western District of Missouri on Dec. 21, 2021. The District Court Clerk assigned Case No. 4:21-cv-00883-BCW to the proceeding. The nature of suit is stated as Other Contract. T-Mobile US, Inc. -- https://www.t-mobile.com/ -- is an American wireless network operator partly owned by German telecommunications company Deutsche Telekom, which has a 43.2% share.[BN] The Plaintiff is represented by: Jessica Lynne Lukasiewicz, Esq. THOMAS & SOLOMON LLP 693 East Avenue Rochester, NY 14607 Phone: (585) 272-0540 Fax: (585) 272-0574 Email: jlukasiewicz@theemploymentattorneys.com The Defendant is represented by: Steven Lawrence Penaro, Esq. ALSTON & BIRD LLP 90 Park Avenue New York, NY 10016 Phone: (212) 210-9400 Fax: (212) 210-9444 Email: steve.penaro@alston.com T-MOBILE USA: Brackman Suit Transferred to W.D. Missouri -------------------------------------------------------- The case styled as Matthew Brackman, individually and on behalf of all others similarly situated v. T-Mobile USA Inc., Case No. 2:21-cv-01277, was transferred from the U.S. District Court for the Western District of Washington to the U.S. District Court for the Western District of Missouri on Dec. 17, 2021. The District Court Clerk assigned Case No. 4:21-cv-00904-BCW to the proceeding. The nature of suit is stated as Other Fraud. T-Mobile US, Inc. -- https://www.t-mobile.com/ -- is an American wireless network operator partly owned by German telecommunications company Deutsche Telekom, which has a 43.2% share.[BN] The Plaintiffs are represented by: Matthew James Ide, Esq. 7900 SE 28TH STREET, STE 500 MERCER ISLAND, WA 98040 Phone: (206) 625-1326 Fax: (206) 622-0909 Email: mjide@yahoo.com The Defendant is represented by: Kristine McAlister Brown, Esq. ALSTON & BIRD LLP (GA) 1201 W PEACHTREE ST ONE ATLANTIC CTR ATLANTA, GA 30309-3432 Phone: (404) 881-7584 Email: kristy.brown@alston.com - and - Kathleen M O'Sullivan, Esq. Lauren Jeffers Tsuji, Esq. Steve Y. Koh, Esq. PERKINS COIE (SEA) 1201 3RD AVE STE 4900 SEATTLE, WA 98101-3099 Phone: (206) 583-8888 Fax: (206) 583-8500 Email: KOSullivan@perkinscoie.com LTsuji@perkinscoie.com SKoh@perkinscoie.com T-MOBILE USA: Carp Suit Transferred to W.D. Missouri ---------------------------------------------------- The case styled as Leon Carp, individually and on behalf of others similarly situated v. T-Mobile USA Inc., Case No. 2:21-cv-01130, was transferred from the U.S. District Court for the Western District of Washington, to the U.S. District Court for the Western District of Missouri on Dec. 20, 2021. The District Court Clerk assigned Case No. 4:21-cv-00886-BCW to the proceeding. The nature of suit is stated as Other Fraud. T-Mobile US, Inc. -- https://www.t-mobile.com/ -- is an American wireless network operator partly owned by German telecommunications company Deutsche Telekom, which has a 43.2% share.[BN] The Plaintiff is represented by: Christopher L Springer, Esq. KELLER ROHRBACK LLP 801 Garden St., Ste. 301 Santa Barbara, CA 93101 Phone: (805) 456-1496 Email: cspringer@kellerrohrback.com - and - Cari Campen Laufenberg, Esq. Emma Marguerite Wright, Esq. Gretchen Freeman Cappio, Esq. Juli E. Farris, Esq. KELLER ROHRBACK LLP (WA) 1201 Third Ave., Ste. 3200 Seattle, WA 98101-3052 Phone: (206) 623-1900 Fax: (206) 623-3384 Email: claufenberg@kellerrohrback.com ewright@kellerrohrback.com gcappio@kellerRohrback.com jfarris@kellerRohrback.com The Defendant is represented by: Kristine McAlister Brown, Esq. ALSTON & BIRD LLP (GA) 1201 W PEACHTREE ST ONE ATLANTIC CTR ATLANTA, GA 30309-3432 Phone: (404) 881-7584 Email: kristy.brown@alston.com - and - Kathleen M O'Sullivan, Esq. Lauren Jeffers Tsuji, Esq. Steve Y. Koh, Esq. PERKINS COIE (SEA) 1201 3RD AVE STE 4900 SEATTLE, WA 98101-3099 Phone: (206) 583-8888 Fax: (206) 583-8500 Email: KOSullivan@perkinscoie.com LTsuji@perkinscoie.com SKoh@perkinscoie.com T-MOBILE USA: Christie Suit Transferred to W.D. Missouri -------------------------------------------------------- The case styled as Raymond Christie, individually and on behalf of all those similarly situated v. T-Mobile, USA Inc., Case No. 3:21-cv-16181, was transferred from the U.S. District Court for the District of New Jersey, to the U.S. District Court for the Western District of Missouri on Dec. 21, 2021. The District Court Clerk assigned Case No. 4:21-cv-00880-BCW to the proceeding. The nature of suit is stated as Other Personal Property for Other Contract. T-Mobile US, Inc. -- https://www.t-mobile.com/ -- is an American wireless network operator partly owned by German telecommunications company Deutsche Telekom, which has a 43.2% share.[BN] The Plaintiff is represented by: Christopher L. Ayers, Esq. Christopher A. Seeger, Esq. SEEGER WEISS LLP 55 Challenger Road, 6th Floor Ridgefield Park, NJ 07660 Phone: (973) 639-9100 Fax: (973) 639-9393 Email: cayers@seegerweiss.com cseeger@seegerweiss.com - and - Joseph H. Meltzer, Esq. BARROWAY TOPAZ KESSLER MELTZER & CHECK LLP 280 King of Prussia Road Radnor, PA 19087 Phone: (610) 667-7706 Fax: (610) 667-7056 Email: jmeltzer@btkmc.com The Defendant is represented by: Reade William Seligmann, Esq. ALSTON & BIRD LLP 90 Park Avenue, 12th Floor New York, NY 10016 Phone: (212) 210-9453 Email: reade.seligmann@alston.com TGS HOLDINGS: Mariscal Files FLSA Suit in S.D. New York ------------------------------------------------------- A class action lawsuit has been filed against TGS Holdings LLC, et al. The case is styled as Joshua Mariscal, on behalf of similarly situated individuals v. TGS Holdings LLC, EB2 LLC, EBLIC LLC, Nickur Amin, Case No. 1:21-cv-10844 (S.D.N.Y., Dec. 17, 2021). The lawsuit is brought over alleged violation of the Fair Labor Standards Act. TGS Holdings LLC -- http://tgsholdings.co/-- the people behind the sneaker and streetwear retail experiences.[BN] The Plaintiffs are represented by: Lawrence Spasojevich, Esq. AIDALA, BERTUNA, & KAMINS, P.C. 546 5th Avenue, Sixth Floor New York, NY 11379 Phone: (202) 468-4728 Email: ls@aidalalaw.com TIKTOK INC: Frazier Slams Inappropriate Content on Video App ------------------------------------------------------------ Candie Frazier, individually, and on behalf of all others similarly situated, Plaintiff, v. Tiktok, Inc., and Bytedance, Inc., Defendant, Case No. 21-cv-09913, (C.D. Cal., December 23, 2021), seeks redress for negligence, negligent exercise of retained control, and violations of California Unfair Competition Law. Defendants own and operate the popular video-sharing social media application "TikTok," an app that allows users to make and share short videos. Frazier is a content moderator for the firm Telus International which provides content moderators for ByteDance, an important client of Telus International. She accuses the company of graphic and objectionable content on its TikTok application (such as child sexual abuse, rape, torture, bestiality, beheadings, suicide and murder) posing dangers of psychological trauma resulting from its exposure to users. [BN] Plaintiff is represented by: Joseph R. Saveri, Esq. Steven N. Williams, Esq. Anupama K. Reddy, Esq. JOSEPH SAVERI LAW FIRM, LLP 601 California Street, Suite 1000 San Francisco, CA 94108 Telephone: (415) 500-6800 Facsimile: (415) 395-9940 Email: jsaveri@saverilawfirm.com swillliams@saverilawfirm.com areddy@saverilawfirm.com TOWNSHIP PROVISIONS: Brandt Sues Over Tip/Charity Dispute --------------------------------------------------------- Ryan Brandt, individually and on behalf of all others similarly situated, Plaintiff, v. Township Provisions, LLC, Defendant, Case No. 21-cv-05232, (W.D. Ark., December 27, 2021), seeks compensatory, statutory and punitive damages, attorney's fees and costs and all other relief to which Plaintiff is entitled over wrongful discharge in violation of the Fair Labor Standards Act. Brandt was employed by Township Provisions as a server at its restaurant, "Oven & Tap," since May 2017. He often worked after the close of business, assisting in cleaning and closing duties for an additional approximate hour and a half to two hours each night that he worked. Township continued to take the tip credit for hours worked by Plaintiff where he was not working as a server. On December 2, 2021, Oven & Tap served a private charity of twenty-eight customers where the latter specifically requested that Brandt be their server when making a reservation. The customers in said party each contributed $100 to tip a server at a restaurant and receive additional donations toward the end of event. At the end of the evening, the customers presented Brandt with a tip of $4,200 in cash and an additional $200 charged to a credit card, to be split between her and another server. After the customers had left, Brandt was informed by a manager that she would not be allowed to keep any tip "above 20%" which she then told one of the customers at the event who then demanded the return of the tip from Oven and Tap and then gave it to Brandt and the other server outside the restaurant. Brandt claims to terminated because of this incident and was accused of violating the tip policy of the restaurant and implied that she had wrongfully deprived other employees of the benefits of a tip pool. She further contends that it is against the public policy of the State of Arkansas to restrict honest communications between employees of a business and customers, particularly in circumstances where the customer's intent in performing a charitable act to a specific person is frustrated. [BN] Plaintiff is represented by: Bill G. Horton, Esq. T.J. Fosko, Esq. HORTON LAW FIRM 1000 McClain Rd., Ste. 612 Bentonville, AR 72712 Phone: (479) 268-473 Fax: (855) 936-5115 Email: bill@callhorton.com TRAMONTINA USA: Duncan Files ADA Suit in E.D. New York ------------------------------------------------------ A class action lawsuit has been filed against Tramontina USA, Inc. The case is styled as Eugene Duncan, and on behalf of all other persons similarly situated v. Tramontina USA, Inc., Case No. 1:21-cv-07073-BMC (E.D.N.Y., Dec. 22, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Tramontina -- https://www.tramontina.com/ -- is dedicated to being a leading manufacturer of cookware, cutlery, kitchen accessories, and housewares items.[BN] The Plaintiff is represented by: Bradly Gurion Marks, Esq. THE MARKS LAW FIRM PC 175 Varick Street 3rd Floor New York, NY 10014 Phone: (646) 770-3775 Fax: (646) 867-2639 Email: brad@markslawfirm.net TRANSAMERICA PREMIER: Case Management Order Entered in Phan Suit ---------------------------------------------------------------- In the class action lawsuit captioned as DUNG PHAN v. TRANSAMERICA PREMIER LIFE INSURANCE COMPANY, Case No. 5:20-cv-03665-BLF (N.D. Cal.), the Hon. Judge Beth Labson Freeman entered a case management order as follows: -- The presumptive limits on discovery set forth in the Federal Rules of Civil Procedure shall apply to this case unless otherwise ordered by the Court. -- The deadline for joinder of any additional parties, or other amendments to the pleadings, is 60 days after entry of this order unless stated otherwise below. -- The deadline for the parties to meet, confer, and submit a stipulation and order 20 setting all deadlines not set by the Court below, including discovery cut-offs and expert disclosure deadlines, is January 14, 2022. -- All disputes with respect to disclosures or discovery are referred to the assigned Magistrate Judge. -- The following schedule and deadlines shall apply to this case: Event Date or Deadline -- Last Day to Request Leave 60 Days from Date of to Amend the Pleadings per this Order F.R.Civ.P 15: -- Last Day File Motion Class Sept. 8, 2022 Certification: -- Last Day to Hear Dispositive Feb. 15, 2024 Motions: -- Final Pretrial Conference May 2, 2024 -- Trial July 10, 2024 A copy of the Court's order dated Dec. 16, 2021 is available from PacerMonitor.com at https://bit.ly/31chlQ4 at no extra charge.[CC] TRAVELERS INDEMNITY: Fails to Protect Customers' Info, Rand Claims ------------------------------------------------------------------ JENNIFER RAND, individually and on behalf of all others similarly situated, Plaintiff v. THE TRAVELERS INDEMNITY COMPANY, Defendant, Case No. 7:21-cv-10744 (S.D.N.Y., December 15, 2021) is a class action against the Defendant for violation of 18 U.S. Code, Section 2721. The case arises from the Defendant's alleged failure to properly secure and safeguard highly valuable, protected personally identifiable information (PII); failure to comply with industry standards to protect information systems that contain PII; unlawful disclosure of the Plaintiff's and Class members' PII; and failure to provide adequate notice to the Plaintiff and other Class members that their PII had been disclosed and compromised. As a result of the Defendant's misconduct, the Plaintiff and Class members are at risk and will continue to be at an increased risk of identity theft, the suit added. The Travelers Indemnity Company is an insurance company, with its headquarters in New York. [BN] The Plaintiff is represented by: Thomas J. McKenna, Esq. Gregory M. Egleston, Esq. GAINEY McKENNA & EGLESTON 501 Fifth Avenue, 19th Floor New York, NY 10017 Telephone: (212) 983-1300 Facsimile: (212) 983-0383 E-mail: gegleston@gme-law.com tjmckenna@gme-law.com UFP RIVERSIDE: Mondragon Suit Removed to C.D. California -------------------------------------------------------- The case styled as Oliver Salas Mondragon, as an individual and on behalf of all others similarly situated v. UFP Riverside, LLC, DOES 1 through 100, Case No. CVRI2104543, was removed from the Riverside Superior Court to the U.S. District Court for the Central District of California on Dec. 23, 2021. The District Court Clerk assigned Case No. 5:21-cv-02141 to the proceeding. The nature of suit is stated as Jobs Civil Rights. Smile Brands, Inc. -- https://smilebrands.com/ -- provides support services to general and multi-specialty dental groups.[BN] The Plaintiff appears pro se. The Defendant is represented by: Linda Claxton, Esq. OGLETREE, DEAKINS, NASH, SMOAK & STEWART PC 400 South Hope Street Suite 1200 Los Angeles, CA 90071 Phone: (213) 239-9800 Fax: (213) 239-9045 Email: christopher.decker@ogletree.com UMG COMMERCIAL: Weekes Files ADA Suit in S.D. New York ------------------------------------------------------ A class action lawsuit has been filed against UMG Commercial Services, Inc. The case is styled as Robert Weekes, individually, and on behalf of all others similarly situated v. UMG Commercial Services, Inc., Case No. 1:21-cv-10788-RA (S.D.N.Y., Dec. 16, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Universal Music Group Distribution Corp distributes music label products.[BN] The Plaintiff is represented by: Edward Y. Kroub, Esq. MIZRAHI KROUB LLP 200 Vesey Street, Ste. 24th Floor New York, NY 10281 Phone: (212) 595-6200 Email: ekroub@mizrahikroub.com UNITED AIRLINES: Filing of Sambrano Class Cert. Reply Extended -------------------------------------------------------------- In the class action lawsuit captioned as DAVID SAMBRANO, ET AL., v. UNITED AIRLINES, INC., Case No. 4:21-cv-01074-P (N.D. Tex.), the Hon. Judge Mark T. Pittman entered an order that Plaintiffs' deadline to file a reply in support of the motion for provisional class certification is extended to January 11, 2022. The Court said, "The Plaintiffs' Motion requests "a twenty-day extension of their time to file their reply in support of [the] motion for provisional class certification." The Motion states that the Parties conferred regarding the Motion, and that Defendant is "not opposed to a reasonable extension so long as plaintiffs do in fact file a reply." The Plaintiffs argue good cause exists for this extension because the Fifth Circuit granted an expedited appeal in this case and Plaintiffs' current reply deadline "falls in the middle of the current expedited briefing schedule" for the appeal. Noting that the Motion is substantially unopposed and concluding that good cause exists for the requested extension, the Court grants the motion for Extension of Time." 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 inhabited continents. A copy of the Court's order dated Dec. 16, 2021 is available from PacerMonitor.com at https://bit.ly/3mHtl3k at no extra charge.[CC] UNITED ASSET: DeFour Files Suit in E.D. Virginia ------------------------------------------------ A class action lawsuit has been filed against United Asset Management, LLC. The case is styled as Tricia C. DeFour, on behalf of herself and all similarly situated consumers v. United Asset Management, LLC, Case No. 3:21-cv-00795-JAG (E.D. Va., Dec. 17, 2021). The nature of suit is stated as Consumer Credit for Truth in Lending. United Asset Management -- https://unitedassetmgmt.com/home -- is a firm specializing in all Intellectual Property matters, from the seed of an idea to the final product.[BN] The Plaintiff is represented by: Kristi Cahoon Kelly, Esq. Andrew Joseph Guzzo, Esq. Casey Shannon Nash, Esq. James Patrick McNichol, Esq. KELLY GUZZO, PLC 3925 Chain Bridge Road, Suite 202 Fairfax, VA 22030 Phone: (703) 424-7570 Fax: (703) 591-9285 Email: kkelly@kellyguzzo.com aguzzo@kellyguzzo.com casey@kellyguzzo.com pat@kellyguzzo.com UNITED BEHAVIORAL: Filing of Class Status Bid Due July 11, 2022 --------------------------------------------------------------- In the class action lawsuit captioned as R. B. v. United Behavioral Health, Case No. 1:21-cv-00553 (N.D.N.Y.), the Hon. Judge Christian F. Hummel entered an order setting briefing schedule for class certification as follows: -- Class certification briefing to occur immediately after the close of fact discovery (June 1, 2022); -- The Plaintiffs motion for class certification (along with all supporting evidence and expert reports, which shall satisfy the requirements of Federal Rule 26(a)(2), must on or be filed before July 11, 2022; -- Defendant shall depose Plaintiffs class certification expert and file its response to Plaintiffs motion for class certification (along with all supporting evidence and expert reports, which shall satisfy the requirements of Federal Rule 26(a)(2) on or before September 12, 2022; and -- The Plaintiff shall depose Defendants class certification expert and file any reply in support of its motion for class certification on or before or October 10, 2022. The suit alleges violation of the Employee Retirement Income Security Act of 1974 involving contract -- insurance.[CC] UNITED STATES: Bid to Amend Sched Order in Guerrero Partly OK'd --------------------------------------------------------------- In the class action lawsuit captioned as MIGUEL GUERRERO, on behalf of himself and all others similarly situated, v. UNITED STATES GYPSUM COMPANY, et al., Case No. 3:21-cv-01502-GPC-JLB (S.D. Cal.), the Hon. Judge Jill L. Burkhardt entered an order: 1. granting in part joint motion to amend scheduling order; and 2. issuing amended scheduling order as follows: -- All discovery that relates to class certification must be completed by all parties by April 4, 2022; -- The deadline by which all discovery be must be completed by all parties is on or before September 6, 2022; -- Any motion for class certification motion must be filed by June 6, 2022; -- The parties shall designate their respective experts related to class certification 1 in writing by May 9, 2022. The parties shall designate their respective experts related to the merits of the case in writing by July 11, 2022; -- The parties shall exchange their respective rebuttal experts related to class certification by May 23, 2022. -- The parties shall exchange their respective rebuttal experts related to the merits of the case by August 8, 2022; -- Each party shall comply with the disclosure provisions in Rules 26(a)(2)(A) 7 and (B) of the Federal Rules of Civil Procedure related to their class certification experts by May 9, 2022; -- Each party shall comply with the disclosure provisions in Rules 26(a)(2)(A) and (B) of the Federal Rules of Civil Procedure related to their merit experts by July 11, 2022; -- Any party shall supplement its disclosure regarding contradictory or rebuttal evidence under Federal Rule of Civil Procedure 26(a)(2)(D) related to their class certification experts by May 23, 2022; -- Any party shall supplement its disclosure regarding contradictory or rebuttal evidence under Federal Rule of Civil Procedure 26(a)(2)(D) related to their merit experts by August 8, 2022; and -- All other pretrial motions, including those addressing Daubert issues related to dispositive motions must be filed by October 3, 2022. USG Corporation, also known as United States Gypsum Corporation, is an American company which manufactures construction materials, most notably drywall and joint compound. A copy of the Court's order dated Dec. 16, 2021 is available from PacerMonitor.com at https://bit.ly/33SYNoL at no extra charge.[CC] UNITED STATES: Medder Files Suit in Ct. of Fed. Cl. --------------------------------------------------- A class action lawsuit has been filed against the United States. The case is styled as Matthew Medder, on behalf of himself and all others similarly situated v. USA, Case No. 1:21-cv-02325-KCD (U.S. Ct. of Fed. Cl., Dec. 22, 2021). The nature of suit is stated as Other Civilian Pay for the Tucker Act. The U.S. -- https://www.state.gov/ -- is a country of 50 states covering a vast swath of North America, with Alaska in the northwest and Hawaii extending the nation's presence into the Pacific Ocean.[BN] The Plaintiff is represented by: Kiley Grombacher, Esq. BRADLEYGROMBACHER LLP 31365 Oak Crest Dr., Ste. 240 Westlake Village, CA 91361 Phone: (805) 270-7100 Email: kgrombacher@bradleygrombacher.com UNIVERSAL SITE: Fails to Pay Wages for All Hours Worked, Suit Says ------------------------------------------------------------------ SERGIO VIDAL, on behalf of himself and all others similarly situated aggrieved employees v. UNIVERSAL SITE SERVICES, INC., a California corporation; and DOES 1 through 17 50, inclusive, Case No. 21CV392817 (Cal. Super., Santa Clara Cty., Dec. 29, 2021) alleges that the Defendants failed to provide Plaintiff and all other similarly situated individuals with meal periods, failed to provide them with rest periods, failed to pay them premium wages for missed meal and/or rest periods, failed to pay them premium wages for missed meal and/or rest periods at the regular rate of pay, and failed to pay them at least minimum wage for all hours worked. The Plaintiff worked for Defendants as an hourly, non-exempt employee during the applicable statutory period. Universal Site offers commercial site services that include Parking Lot Sweeping, Pressure Washing, Day Porter Services, and Landscaping.[BN] The Plaintiff is represented by: Shaun Setareh, Esq. Williain M. Pao, Esq. Nolan Dilts, Esq. SETAREH LAW GROUP 9665 Wilshire Boulevard, Suite 430 Beverly Hills, CA 90212 Telephone (310) 888-7771 Facsimile (310) 888-0109 E-mail: shaun@setarehlaw.com william@setarehlaw.com nolan@setarehlaw.com US HEALTH FAIRS-ORG: Rangel Hits Workplace Hazard, Seeks Last Pay ----------------------------------------------------------------- Brittney Rangel, on behalf of herself and all others similarly situated,, v. US Health Fairs-Org, and Does 1 through 100 inclusive, Defendants, Case No. 21STCV46905 (Cal. Super., December 27, 2016), seeks on her own behalf, on behalf of those similarly situated, and on behalf of the general public, full restitution and disgorgement of all employment compensation wrongfully withheld, as necessary and according to proof, and to restore any and all monies withheld, acquired, or converted as a result of wrongful termination under the California Labor Code and Unfair Business Practices statutes. US Health Fairs-Org provides various testing to the general public and most recently teamed with the City of Pico Rivera to conduct drive through COVID-19 testing to the general public. Rangel was employed as a site supervisor from May 18, 2020 through May 21, 2020. Rangel claims that she was terminated for refusing to work without the proper personal protective gear when handling swab samples from drive-through COVID-19 testing sites and claims that she is exposed to potentially hazardous samples. After her termination, she claims that she was not given her final paycheck to and to date has not been paid for her services. [BN] Plaintiff is represented by: Brian I. Vogel, Esq. LAW OFFICES OF BRIAN I. VOGEL 572 E. Green Street, Suite 305 Pasadena, CA 91101 Tel: (626) 796-7470 VALYOU FURNITURE: Weekes Files ADA Suit in S.D. New York -------------------------------------------------------- A class action lawsuit has been filed against Valyou Furniture LLC. The case is styled as Robert Weekes, individually, and on behalf of all others similarly situated v. Valyou Furniture LLC, Case No. 1:21-cv-10792 (S.D.N.Y., Dec. 16, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Valyou Furniture -- https://valyoufurniture.com/ -- is a furniture store in Kapolei, Hawaii.[BN] The Plaintiff is represented by: Edward Y. Kroub, Esq. MIZRAHI KROUB LLP 200 Vesey Street, Ste. 24th Floor New York, NY 10281 Phone: (212) 595-6200 Email: ekroub@mizrahikroub.com VERIFF INC: McGown Suit Removed to N.D. Illinois ------------------------------------------------ The case styled as Anthony McGown, A.M., a minor by and through his Guardian Anthony McGowan; W.G., a Minor, by and through his Guardian Walter Galligani; individually and on behalf of similarly situated individuals v. Veriff, Inc., Roblox Corporation, Case No. 2021 L 001202, was removed from the Circuit Court of DuPage County, Illinois, to the U.S. District Court for the Northern District of Illinois on Dec. 16, 2021. The District Court Clerk assigned Case No. 1:21-cv-06706 to the proceeding. The nature of suit is stated as Other P.I. for Personal Injury. Veriff -- https://www.veriff.com/ -- is a global identity verification service company founded and headquartered in Tallinn, Estonia.[BN] The Plaintiff is represented by: Eugene Y. Turin Colin Primo Buscarini Timothy Patrick Kingsbury MCGUIRE LAW, P.C. 55 W. Wacker Dr., 9th Fl. Chicago, IL 60601 Phone: (312) 893-7002 Email: eturin@mcgpc.com cbuscarini@mcgpc.com tkingsbury@mcgpc.com The Defendants are represented by: Debra Rae Bernard PERKINS COIE LLP 110 North Wacker Drive, Suite 3400 Chicago, IL 60606 Phone: (312) 324-8559 Email: dbernard@perkinscoie.com - and - Anthony J Weibell WILSON SONSINI GOODRICH & ROSATI, P.C. 650 Page Mill Road Palo Alto, CA 94304-1050 Phone: (650) 354-4134 Email: aweibell@wsgr.com - and - Steven P. Mandell MANDELL MENKES LLC One North Franklin, Suite 3600 Chicago, IL 60606 Phone: (312) 251-1000 Email: smandell@mandellmenkes.com VISIONPRO NETWORKS: Frederick Sues Over Cable Installers' Unpaid OT ------------------------------------------------------------------- ANDY FREDERICK, individually and on behalf of all others similarly situated, Plaintiff v. VISIONPRO NETWORKS INC., JOSEPH ROMANO, and KEVIN SILVAR, Defendants, Case No. 727606/2021 (N.Y. Sup. Ct., Queens Cty., December 15, 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 and failure to furnish proper wage statements. The Plaintiff worked for the Defendants as a cable installer/technician from April 2, 2018 through February 27, 2020. VisionPro Networks Inc. is a cable installation and repair business with its principal place of business located at 92 Central Avenue, Farmingdale, New York. [BN] The Plaintiff is represented by: Jeffrey R. Maguire, Esq. STEVENSON MARINO LLP 75 Maiden Lane, Suite 402 New York, NY 10038 Telephone: (212) 939-7229 Facsimile:(212) 531-6129 E-mail: jmaguire@stevensonmarino.com VIVINT INC: Seeks Denial of Cunningham Class Certification Bid --------------------------------------------------------------- In the class action lawsuit captioned as CRAIG CUNNINGHAM, ROBERT HOSSFELD and ANDREW PERRONG, on behalf of themselves and others similarly situated, v. VIVINT, INC., and DSI DISTRIBUTING, INC. d.b.a. DSI SYSTEMS, Case No. 2:19-cv-00568-DBB-CMR (D. Utah), Vivint asks the Court to enter an order denying the class certification sought by Plaintiffs Craig Cunningham and Andrew Perrongin their Second Amended Complaint and order this action to proceed only as to Plaintiffs' individual claims. The Plaintiff Perrong filed this putative class action on August 14, 2019, asserting that Vivint or its agents made "hundreds of thousands or even millions" of calls to consumers in violation of the Telephone Consumer Protection Act ("TCPA") and purporting to represent a nationwide class of these consumers. The Plaintiff Cunningham was added as a plaintiff in a First Amended Complaint filed October 8, 2019. After completing nearly two years of class discovery, the Plaintiffs have failed to produce evidence of widespread unlawful calls made by or on behalf of Vivint sufficient to support a class. The only relevant evidence of calls Plaintiffs uncovered beyond their individual claims was an unauthorized, short-lived, text message campaign undertaken by a rogue Vivint employee who was terminated by Vivint before the campaign was even completed. Yet even those allegedly violative "calls" are not appropriate for class treatment for multiple reasons, and Plaintiffs cannot establish the prerequisites for class certification based on any of the conducted alleged in the Second Amended Complaint, the Defendant says. This case arises from the Plaintiffs' allegations that Vivint, or others acting on its behalf, made telemarking calls to them in violation of the Telephone Consumer Protection Act ("TCPA"). Plaintiffs allege they received telephone calls from DSI made on behalf of Vivint using an automated telephone dialing system ("ATDS"). The Plaintiffs also allege they received text messages from Vivint through non-party Callfire, which operates the "EZ Texting" Platform. A copy of the Defendant's motion dated Dec. 17, 2021 is available from PacerMonitor.com at https://bit.ly/3eD6di5 at no extra charge.[CC] Vivint is represented by are: Melanie J. Vartabedian, Esq. Nathan R. Marigoni, Esq. Jenny N. Perkins, Esq. BALLARD SPAHR LLP One Utah Center, Suite 800 201 South Main Street Salt Lake City, UT 84111-2221 Telephone: (801) 531-3000 Facsimile: (801) 531-3001 E-mail: vartabedianm@ballardspahr.com marigonin@ballardspahr.com perkinsj@ballardspahr.com WALT DISNEY: Nielsen Consumer Suit Removed to C.D. California ------------------------------------------------------------- The case styled JENALE NIELSEN, individually and on behalf of all others similarly situated v. WALT DISNEY PARKS AND RESORTS U.S., INC. and DOES 1 through 25, inclusive, Case No. 30-2021-01230857-CU-BT-CXC, was removed from the Superior Court of the State of California, County of Orange, to the U.S. District Court for the Central District of California on December 15, 2021. The Clerk of Court for the Central District of California assigned Case No. 8:21-cv-02055 to the proceeding. The case arises from the Defendant's alleged breach of contract, negligent misrepresentation, concealment/nondisclosure, and violations of the California Consumer Legal Remedies Act, the California False Advertising Law, and the California Unfair Competition Law. Walt Disney Parks and Resorts U.S., Inc. is an operator of amusement parks and resorts, with its principal place of business in Lake Buena Vista, Florida. [BN] The Defendant is represented by: David C. Marcus, Esq. WILMER CUTLER PICKERING HALE AND DORR LLP 350 South Grand Avenue, Suite 2400 Los Angeles, CA 90071 Telephone: (213) 443-5312 Facsimile: (213) 443-5400 E-mail: david.marcus@wilmerhale.com WHIRLPOOL CORP: Settlement Deal in Cleveland Suit Gets Initial OK ----------------------------------------------------------------- In the class action lawsuit captioned as Elisabeth Cleveland et al., v. Whirlpool Corporation, Case No. 0:20-cv-01906-WMW-KMM (D. Minn.), the Hon. Judge Wilhelmina M. Wright entered an order granting plaintiffs' motion for preliminary approval of class action settlement as follows: 1. The Plaintiffs' Unopposed Motion for Preliminary Approval of Class Action Settlement is granted. 2. The proposed Settlement Class is certified for settlement purposes only pursuant to Rules 23(a) and 23(b)(3) of the Federal Rules of Civil Procedure. 3. The proposed Settlement is preliminarily approved as being fair, reasonable and adequate pursuant to Rule 23(e) of the Federal Rules of Civil Procedure. 4. The Plaintiffs Elisabeth Cleveland, Amy Larchuk, Christopher Redmon, Dhaval Shah and Thomas McCormick are appointed as Class Representatives. 5. Harper Segui and Rachel Soffin are appointed as Class Counsel. 6. Whirlpool is ordered to provide the Settlement Class Member List, including email addresses when available, to the Settlement Administrator, who is ordered to follow the confidentiality provisions set forth in the Settlement Agreement with respect to such information. 7. The proposed Notice Plan complies with the requirements of Rule 23, Fed. R. Civ. P., and due process, and Class Notice is to be sent to the Settlement Class Members as set forth in the Settlement Agreement. Settlement Terms A. The Proposed Settlement Class The Settlement Agreement contemplates certification of the following Settlement Class for settlement purposes only: "All persons in the United States and its territories who either (a) purchased a new Class Dishwasher, or (b) acquired a new Class Dishwasher as part of the purchase or remodel of a home, or (c) received as a gift, from a donor meeting those requirements, a new Class Dishwasher not used by the donor or by anyone else after the donor purchased the Class Dishwasher and before the donor gave the Class Dishwasher to the Settlement Class Member." Excluded from the Settlement Class are (i) officers, directors, and employees of Whirlpool or its parents, subsidiaries, or affiliates, (ii) insurers of Settlement Class Members, (iii) subrogees or all entities claiming to be subrogated to the rights of a Class Dishwasher purchaser, a Class Dishwasher owner, or a Settlement Class Member, (iv) persons who acquired an other-than-new Class Dishwasher, (v) issuers or providers of extended warranties or service contracts for Class Dishwashers, and (vi) persons who timely and validly exercise their right to be removed from the Settlement class. B. Benefits to the Settlement Class As described in the Settlement Agreement, the benefits to the Settlement Class include the following compensation structure for Paid Qualifying Repairs or Replacements for Past or Future Diverter Seal Leaks: 1. for Paid Qualifying Repairs or Replacements in years one (1) or two (2) after manufacture, 100 percent of the Average Cost of Repair ($225.00), a cash rebate of $200 for the purchase of a new KitchenAid-brand dishwasher, or a cash rebate of $150 for the purchase of a new Whirlpool-brand or Maytag-brand dishwasher; 2. for Paid Qualifying Repairs or Replacements in year three (3) after manufacture, 90 percent of the Average Cost of Repair ($202.50), a cash rebate of $200 for the purchase of a new KitchenAid-brand dishwasher, or a cash rebate of $150 for the purchase of a new Whirlpool-brand or Maytag-brand dishwasher; 3. for Paid Qualifying Repairs or Replacements in years four (4) or five (5) after manufacture, 80 percent of the Average Cost of Repair ($180.00), a cash rebate of $200 for the purchase of a new KitchenAid- brand dishwasher, or a cash rebate of $150 for the purchase of a new Whirlpool-brand or Maytag-brand dishwasher; 4. for Paid Qualifying Repairs or Replacements in year six (6) after manufacture, 60 percent of the Average Cost of Repair ($135), a cash rebate of $175 for the purchase of a new KitchenAid-brand dishwasher, or a cash rebate of $125 for the purchase of a new Whirlpool-brand or Maytag-brand dishwasher; 5. for Paid Qualifying Repairs or Replacements in year seven (7) after manufacture, 30 percent of the Average Cost of Repair (67.50) or a cash rebate of $100 for the purchase of a new KitchenAid-brand, Whirlpool-brand or Maytag-brand dishwasher; or 6. for Paid Qualifying Repairs or Replacements in year eight (8) after manufacture, a cash rebate of $100 for the purchase of a new KitchenAid-brand, Whirlpool-brand or Maytag-brand dishwasher The Whirlpool Corporation is an American multinational manufacturer and marketer of home appliances, headquartered in Benton Charter Township, Michigan. A copy of the Court's order dated Dec. 16, 2021 is available from PacerMonitor.com at https://bit.ly/3pBcWQ7 at no extra charge.[CC] WING KEUNG: Faces Hu Class Suit Over Unpaid Wages Under FLSA, NYLL ------------------------------------------------------------------ XIAOJUN HU, YE YAO, and HAIFENG ZHANG, on behalf of themselves and all others similarly situated v. KEUNG CHAN, SIMON CHAN, MAY TONG a/k/a KAM KUK TONG a/k/a KUK KAM TONG, FEN ZHEN CHEN a/k/a FENG ZHEN CHEN, WING KEUNG ENTERPRISES, INC. d/b/a WK FOODS, WK TRUCKING LLC. d/b/a WK FOODS, and WKFC LLC. d/b/a WK FOODS, Case No. 1:21-cv-07131 (E.D.N.Y., Dec. 27, 2021) seeks to recover unpaid wages owed to Plaintiffs and all other similarly situated current and former employees of Wing Keung Enteprises as well as injunctive and declaratory relief against the Defendant's unlawful actions, and attorneys' fees and costs, pursuant to the Fair Labor Standards Act and the New York Labor Law. The Plaintiffs are individuals residing in the State of New York. Wing Keung is an entity formed in the State of New York on May 2, 2001. Since its inception, Wing Keung had been operating a wholesale business located at 3140 College Point Blvd, Flushing, New York.[BN] The Plaintiffs are represented by: Heng Wang, Esq. HENG WANG & ASSOCIATES, P.C. 305 Broadway, 7th Floor New York, NY 10007 Telephone: (212) 203-5231 Facsimile: (212) 203-5237 E-mail: heng.wang@wanggaolaw.com WORKFORCE7 INC: Construction Flaggers Get Conditional Status ------------------------------------------------------------ In the class action lawsuit captioned as VICTOR BALLAST, LUIS SIMONE and MARQUIS RICHARDSON, Individually and On Behalf of All Others Similarly Situated, v. WORKFORCE7 INC., CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., VALI INDUSTRIES, INC., AND RONALD HILTON, Jointly and Severally, Case No. 1:20-cv-03812-ER (S.D.N.Y.), the Hon. Judge Edgardo Ramos entered an order: 1. granting the Plaintiffs' motion for conditional certification for a collective of Workforce7 employees who worked on Con Ed and/or Vali work sites from May 15, 2017 to the date of this Order; and 2. denying without prejudice Con Ed's motion to dismiss Richardson's claims However, Richardson is hereby warned that failure to comply with discovery deadlines may result in dismissal of his claims pursuant to Fed. R. Civ. P. 37(b) or 41(b). The Parties are directed to meet and confer and to submit an amended scheduling order, including an amended deadline for Richardson's responses, and a status report with the parties' consent schedule for production of potential opt-in plaintiffs' contact information and for dis-semination of notice, by January 7, 2022. The Clerk of Court is respectfully directed to terminate the motion, says Judge Ramos. Ballast, Simone, and Richardson worked as construction flaggers for Defendants for various months in 2019: Ballast and Simone from February 2019 through April 2019, and Richardson from approximately February 2019 through November 2019. WorkForce specializes in industries that need flaggers and securing parking for construction companies and the utility industries. Hilton has served as the chief executive officer (CEO) of Workforce7 since 2012 and at all relevant times was responsible for approving employees' paychecks and for day-to-day operations including setting office policies, hiring, discipline, and managing the business. A copy of the Court's order dated Dec. 20, 2021 is available from PacerMonitor.com at https://bit.ly/3eDsVGP at no extra charge.[CC] ZEN & SPACE: Guan Sues Over Construction Workers' Unpaid OT Wages ----------------------------------------------------------------- JIZHONG GUAN, INDIVIDUALLY AND ON BEHALF OF ALL THOSE SIMILARLY SITUATED, AND AS PRIVATE ATTORNEY GENERAL v. ZEN & SPACE HOME DESIGN, INC., A CALIFORNIA CORPORATION, ZEN HOME DESIGN, INC., A CALIFORNIA CORPORATION, XIAOJING DENG, AN INDIVIDUAL, YU CUI AN INDIVIDUAL, AND DOES 1 THROUGH 50, INCLUSIVE, Case No. 21STCV46910 (Cal. Super., Los Angeles Cty., Dec. 23, 2021) alleges that the Defendants failed to pay Plaintiff and the other class members the unpaid balance of overtime compensation, as required by California laws, and violates the provisions of California Labor Code sections 510 and 1198. The Defendants employed Plaintiff and other persons as daily-paid employees who performed work as "worker" at a construction site. During his employment with Zen & Space Home Design, Inc, from about August 1, 2020 through November 27, 2020, as a "Worker," at the initial daily rate of $130, paid by cash regardless of the hours worked. He was never provided with any pay checks or provided wage statements. Mr. Guan frequently worked without un-interrupted meal/rest breaks, where he incurred substantial unpaid overtime and unpaid meal/break premiums, says the suit. Zen & Space Home Design allegedly never provided Mr. Guan with wage statements which failed to specify the number of hours paid at regular and overtime rates, missed meal/break premiums, and otherwise failed to specify the details of his pay, as required by Labor Code section 226. The Defendants employed persons, conducted business in, and engaged in illegal labor and payroll practices and policies in California. The Defendants hired Plaintiffs and the other class members and classified them as hourly-paid, non-exempt employees, and failed to compensate them for all hours worked, missed meal periods and/or rest breaks.[BN] The Plaintiff is represented by: Rami Kayyali, Esq. DEMIDCHIK LAW FIRM 17800 Castleton St., Suite 605 City of Industry, CA 91748 Telephone: (626) 317-0033 Facsimile: (212) 810-7257 E-mail: Rami@dcklawfirm.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 Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, 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 2022. All rights reserved. ISSN 1525-2272. This material is copyrighted and any commercial use, resale or publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. Information contained herein is obtained from sources believed to be reliable, but is not guaranteed. The CAR subscription rate is $775 for six months delivered via e-mail. Additional e-mail subscriptions for members of the same firm for the term of the initial subscription or balance thereof are $25 each. For subscription information, contact Peter A. Chapman at 215-945-7000. *** End of Transmission ***