/raid1/www/Hosts/bankrupt/CAR_Public/230327.mbx
C L A S S A C T I O N R E P O R T E R
Monday, March 27, 2023, Vol. 25, No. 62
Headlines
ALTICOR INC: Court Certifies Class in Garcia Suit
AMERICAN HONDA: Loses Bid to Strike Expert Testimony
ANDREW CUOMO: Class Certification Expert Discovery Due June 22
BAYSIDE CONTRACTING: Saldivar Sues Over Unpaid Overtime Wages
BELL ENERGY: Miller Sues to Recover Unpaid Overtime Wages
BGB GROUP LIMITED: Campbell Files ADA Suit in S.D. New York
BIG THINK CAPITAL: DeLorme Suit Transferred to C.D. California
CHEMOURS COMPANY: Dismissed from Water Contanimation Suit
CITIBANK NA: Open Motions in Frontpoint Suit Closed After Dismissal
CLASSPASS INC: Chabolla Files Suit in N.D. California
CLAYTON MANUFACTURING: Faccinto Files Suit in Cal. Super. Ct.
CO-DIAGNOSTICS INC: Continues to Defend Gelt Securities Class Suit
COTY INC: Amended Solis Class Complaint Dismissed Without Prejudice
CREDIT MANAGEMENT: Joint Stipulation on Case Deadlines Approved
CROSS-LINES RETIREMENT: Coe Bid to Seal Docs Denied w/o Prejudice
DAO RESTAURANT: Filing of Class Status Bid Extended to April 5
DATANYZE LLC: Hudson Files "Placeholder" Bid for Class Cert.
DELTA AIR LINES: Antitrust Suits Consolidated in DC Court
DFA DAIRY: Bid for Class certification Must be Filed by July 28
DISH DBS: Continues to Defend 401(k) Plan Breach Class Suit
EASTWOOD CONSTRUCTION: Russo Class Suit Remanded to State Court
EPIC CARE INC: Wyatt Sues Over Unpaid Compensation
GENERAL MOTORS: Buffenmyer Suit Removed to N.D. California
GEO SECURE: Class Certification Bid Must be Filed by Nov. 3
GIFTROCKET INC: Class Cert Bid Must Comply w/ Rule 23, Court Says
GLOBAL PERSONALS: Filing of Class Cert. Bid Due March 4, 2024
H&M HENNES & MAURITZ: Ventura Sues to Recover Wage Payments
HAIR SPA LA LLC: Campbell Files Suit in C.D. California
HARLEY-DAVIDSON: Lipkin Suit Transferred to E.D. Wisconsin
HEALTH FIRST: Parties Must Confer Class Certification Deadlines
HEARTBREAKER GUITARS: Toro Files ADA Suit in S.D. New York
HERSHEY COMPANY: Ross Sues Over False and Misleading Labels
HOME DEPOT: 6 Weeks Extension to File Class Cert Sought in Didzun
HONEST COMPANY: Continues to Defend Sida Class Suit in California
INSURANCE COMPANY: Issokson Files Bid for Class Certification
KIRKLAND LAKE: Brahms Suit Seeks to Certify Class Action
MICHIGAN: Court Narrows Claims in Price Suit
MORTGAGE CAPITAL: Filing of Class Cert. Bid Due Oct. 26
MULTNOMAH COUNTY, OR: Detainee Class Gets Certification in Davis
PAPA INC: Class Cert Hearing in Pardo Extended to July 13, 2023
PAYPAL HOLDINGS: Faces Securities Suit Over Incentive Campaigns
PERVINE FOODS: Court Junks Seljak Class Suit
PHL VARIABLE: Initial OK of Settlement & Distribution Plan Sought
PORTOLA PHARMACEUTICALS: Amended Class Action Settlement Approved
PRECISION IMAGING: Class Certification Bid Extended to Sept. 23
PURECYCLE TECHNOLOGIES: Continues to Defend Consolidated Class Suit
QUIKSERVE CAJUN: Mora Files Suit in Cal. Super. Ct.
REAL EATS AMERICA: Winter Sues Over Unpaid Wages and Benefits
REILLY FOAM: Carreon Sues Over Unlawful Biometric Scanning
RELENTLESS RECOVERY: Sanford Sues Over Unpaid Overtime Wages
RENEOTECH INC: Nemirovsky Suit Removed to S.D. New York
REVENTICS LLC: Robinson Files Suit in D. Colorado
RIBBON HOME: Chen Sues Over Employment Loss Without Cause
RICE DRILLING: Deadline to Answer Amended Complaint Extended
ROBERTO COIN: Zinnamon Sues Over Blind-Inaccessible Website
RXO LAST MILE: Sotomayor Sues Over Unpaid Compensations
SAFEWAY INC: Cooper Files Suit in Cal. Super. Ct.
SAINT-GOBAIN: Court OKs Filing of Amended Consolidated Complaint
SAN DIEGO COUNTY, CA: Monzon Labor Suit Removed to S.D. Cal.
SAN FRANCISCO BAR: Reed Employment Suit Removed to N.D. Cal.
SAVAGE SERVICES: Cisneros Files Suit in Cal. Super. Ct.
SAVOIR BEDS USA: Hernandez Files ADA Suit in S.D. New York
SCISSORTAIL ENERGY: Filing for Class Cert Bid Due Jan. 26, 2024
SCVRH LLC: Court Certifies Employee Class in Garrett Suit
SHARP HOLDING: King Seeks Conditional FLSA Collective Cert.
SHINOLA/DETROIT LLC: Black Files ADA Suit in E.D. New York
SIGNATURE BANK: Schaeffer Sues Over Exchange Act Violation
SIGNATURE FLIGHT: Filing for Class Cert Bid Extended to Sept. 11
SIMPLY AUTHENTIC: Campbell Files ADA Suit in S.D. New York
SKIN SPA: Hwang Files ADA Suit in E.D. New York
SORRENTO THERAPEUTICS: Continues to Defend Wasa Securities Suit
ST. CAMILLUS: Class Collective Cert. Bid Must be Filed by August 7
ST. CROIX OF PARK: Toro Files ADA Suit in S.D. New York
STANDARD BIOTOOLS: Court Junks Securities Class Suit
STEPHENS INSTITUTE: Nguyen Seeks to Certify Class of Students
STORRS INSURANCE: Melgren Files TCPA Suit in E.D. Washington
STUPP BROS: June 5 Extension to File Conditional Class Cert Sought
SUMMIT UTILITIES: Weyrens Suit removed to E.D. Arkansas
SUNLIGHT FINANCIAL: Rosen Law Named Lead Counsel in Fung Class Suit
SVB FINANCIAL: Snook Sues Over Exchange Act Violation
SYNGENTA CORP: H & R Farms Antitrust Suit Transferred to M.D.N.C.
SYNGENTA CORP: Teche Farm Antitrust Suit Transferred to M.D.N.C.
TCP HOT: Delcid Seeks Final Approval of Class Settlement
TD BANK: Filing of Class Certification Bid Due April 26
TEACHERS INVESTMENT: Haley Seeks to Seal Noteware Declaration
TEN BRIDGES: Taie, et al., File Bid for Class Certification
TEP ROCKY: March 28 Extension for JPR to Submit Response Sought
TRACY RENEWABLE ENERGY: Coronado Files Suit in Cal. Super. Ct.
TRAEGER PELLET: Yates, Jones Seek to Seal Portions of Reply
TRAFFIC MANAGEMENT: Rosales Files Suit in Cal. Super. Ct.
TRANS UNION: Case Deadlines Stayed Pending Coffey Suit Ruling
TRILOGY HEALTH: Santiago Sues Over Failure to Pay Overtime Wages
TRIPLE CANOPY: Buckner Files Suit in Cal. Super. Ct.
TUFIN SOFTWARE: Parties Seek 30-Day Extension to Case Deadlines
TUFINA LLC: Toro Files ADA Suit in S.D. New York
UMPQUA BANK: Camenisch, et al., File Class Certification Bid
UNITED PROPERTY & CASUALTY: Beisert Files Suit in S.D. Texas
UNITED STATES: Rud, et al., Seek to Certify Two Classes
UPPER PENINSULA: Rudden Files Suit in W.D. Michigan
USAA GENERAL: Court Dismisses Drozdz & Vest's Claims With Prejudice
USAA GENERAL: Dismissal of Drozdz Class Action Sought
VOLKSWAGEN GROUP: Steinhardt Sues Over Defective Alternator
WAL-MART ASSOCIATES: April 21 Opposition to Class Cert Bid Sought
WAL-MART ASSOCIATES: Bid for Class Certification Due May 26
WAREHOUSE GOODS: Miller Files ADA Suit in W.D. New York
WAYFAIR LLC: Rodriguez Files ADA Suit in S.D. New York
WELLS FARGO: Bid to Strike Easton Class Complaint Junked
WHITE DRUG CO: Jones Files ADA Suit in S.D. New York
WHITEFISH, MT: Court OK's Beck Bid to File Overlength Reply Brief
WILLOW HILL SUPPLY: Toro Files ADA Suit in S.D. New York
WINTRUST FINANCIAL: Rice Files Suit in M.D. Florida
YORKSHIRE WINES: Hwang Files ADA Suit in E.D. New York
YRULER INC: Pearson Suit Removed to N.D. Illinois
ZENOBIA COMPANY: Toro Files ADA Suit in S.D. New York
ZOLL MEDICAL: Smith Sues Over Inadequate Data Security
*********
ALTICOR INC: Court Certifies Class in Garcia Suit
-------------------------------------------------
In the class action lawsuit captioned as JOSHUA GARCIA, ANDREA P.
BRANDT and HOWARD HART, individually and on behalf of all others
similarly situated, v. ALTICOR, INC., THE BOARD OF DIRECTORS OF
ALTICOR, INC., THE FIDUCIARY COMMITTEE OF ALTICOR, INC., and JOHN
DOES 1-30, Case No. 1:20-cv-01078-PLM-PJG (W.D. Mich.), the Hon.
Judge Paul L. Maloney entered an order:
1. certifying the following class:
"All persons, except Defendants and their immediate family
members, who were participants in or beneficiaries of the
Plan, at any time between November 9, 2014 through the
date of judgment (the "Class Period");" and
2. appointing the Plaintiffs Joshua Garcia, Andrea P. Brandt,
and Howard Hart as Class representatives and appointing
Capozzi Adler, P.C. as Class Counsel.
On November 19, 2020, Plaintiffs filed the original Class Action
Complaint. On February 19, 2021, the Defendants moved to dismiss
the Complaint, which Motion was denied by the Court on August 9,
2021.
On January 6, 2023, Plaintiffs filed their Motion for Class
Certification and supporting memorandum and exhibits.
Alticor Inc. owns and manages manufacturing and distribution
facilities.
A copy of the Court's order dated March 8, 2023 is available from
PacerMonitor.com at https://bit.ly/40i7r89 at no extra charge.[CC]
The Plaintiffs are represented by:
Mark K. Gyandoh, Esq.
Donald F. Reavey, Esq.
CAPOZZI ADLER
312 Old Lancaster Road
Merion Station, PA 19066
Telephone: (610) 890-0200
Facsimile: (717) 233-4103
E-mail: markg@capozziadler.com
donr@capozziadler.com
The Defendants are represented by:
Edward J. Bardelli, Esq.
WARNER NORCROSS + JUDD LLP
150 Ottawa Ave. NW, Suite 1500
Grand Rapids, Michigan 49503
Telephone: (616) 752-2165
Facsimile: (616) 752-2500
E-mail: ebardelli@wnj.com
- and -
Howard Shapiro, Esq.
Stacey C.S. Cerrone, Esq.
Lindsey Chopin, Esq.
Adam R. Carlisle, Esq.
JACKSON LEWIS P.C.
601 Poydras Street, Suite 1400
New Orleans, LA 70130
Telephone: (504) 208-1755
Facsimile: (504) 208-1759
E-mail: Howard.Shapiro@jacksonlewis.com
Stacey.Cerrone@jacksonlewis.com
Lindsey.Chopin@jacksonlewis.com
Adam.Carlisle@jacksonlewis.com
AMERICAN HONDA: Loses Bid to Strike Expert Testimony
----------------------------------------------------
In the class action lawsuit captioned as Dennis MacDougall et al.,
v. American Honda Motor Co., Inc et al., Case No.
8:17-cv-01079-JGB-DFM (C.D. Cal.), the Hon. Judge Jesus G. Bernal
entered an order:
1. denying the Defendants' Motion to Strike the Expert
Testimony of Stefan Boedeker;
2. denying the Defendants' motion to strike the Expert
Testimony of Robert Parker;
3. granting-in-part and denying-in-part Defendants' motion
for summary judgment;
4. dismissing the Defendant Honda North America, Inc.; and
5. approving Supplemental Briefing Regarding Class
Certification.
-- Motions to Strike Expert Testimony
Honda moves to strike the testimony of Plaintiffs'
economic expert, Mr. Stefan Boedeker, and of Plaintiffs'
technical expert, Dr. Robert Parker. (Boedeker MTS,
Parker MTS.) The Court initially granted the Boedeker MTS
and denied the Parker MTS as moot. On appeal, the Ninth
Circuit held that this Court abused its discretion by
excluding Mr. Boedeker's testimony under Daubert and
reversed.
-- Mr. Boedeker
The Ninth Circuit explained that "as a general rule, an
expert's survey is admissible provided it is: (1)
'conducted according to accepted principles' and (2)
'relevant' to the issues in the case." Here, Mr. Boedeker
used a survey methodology known as "choice-based conjoint
analysis." Conjoint analysis measures respondents'
willingness to pay for a product and the particular
attributes of a product. Although Honda challenges the
reliability of Mr. Boedeker's results, the Ninth Circuit
held that such concerns as "the absence of market
considerations, specific attribute selection, and the use
of averages to evaluate the survey data" go to the weight
of the expert testimony, not its admissibility.
Accordingly, the Court deems Mr. Boedeker's testimony
admissible and denies the Boedeker MTS.
-- Dr. Parker
Dr. Parker is a professor of mechanical engineering at
Virginia Tech who studies vibration issues in power
transmission systems. He submitted an initial declaration
on January 15, 2019 (Parker Report) and a declaration in
reply to Honda's expert on April 15, 2019. Honda seeks to
strike all of Dr. Parker's testimony.
-- Motion for Summary Judgment
Honda moves the Court for summary judgment on all of
Plaintiffs’ claims, or, in the alternative, for partial
summary judgment on Plaintiffs' claims relating to
vehicles other than the 2014 Honda Odyssey. Honda points
to an absence of evidence that Plaintiffs' vehicles have
the alleged defect, an element on which Plaintiffs bear
the burden of proof at trial.
A copy of the Court's order dated Mar. 7, 2023 is available from
PacerMonitor.com at https://bit.ly/40fv4hJ at no extra charge.[CC]
ANDREW CUOMO: Class Certification Expert Discovery Due June 22
--------------------------------------------------------------
In the class action lawsuit captioned as M. G., et al v. Andrew
Cuomo, et al., Case No. 7:19-cv-00639-CS-AEK (S.D.N.Y), the Hon.
Judge Cathy Seibel entered an order approving the discovery and
briefing deadlines as follows:
1. Completion of document productions March 13, 2023
and interrogatory responses to all
previously served discovery
requests:
2. The Defendants' rebuttal class May 23, 2023
certification expert disclosures,
including service of expert
reports:
3. All class certification expert June 22, 2023
discovery complete, including
class certification expert
depositions:
4. Fact depositions completed: Nov. 22, 2023
5. Any further interrogatories Nov. 22, 2023
and requests for production
must be served:
6. Requests to admit must be Nov. 22, 2023
served:
7. Plaintiffs' merits expert Dec. 14, 2023
disclosures, including service
of expert reports:
8. All fact discovery must be Dec. 22, 2023
completed:
9. The Defendants' merits expert Jan. 15, 2024
disclosures, including service
of expert reports:
10. All expert discovery, including March 4, 2024
expert depositions:
11. All discovery must be completed: March 4, 2024
Judge Seibel have conferred with Magistrate Judge Krause, and they
jointly approve the discovery and briefing deadlines.
A copy of the Court's order dated March 8, 2023 is available from
PacerMonitor.com at https://bit.ly/3JS4Bla at no extra charge.[CC]
The Plaintiffs are represented by:
Elizabeth Woods, Esq.
Sabina Khan, Esq.
DISABILITY RIGHTS NEW YORK
279 Troy Road, Ste 9
Rensselaer, NY 12144
Telephone: (518) 432-7861
E-mail: elizabeth.woods@drny.org
sabina.khan@drny.org
- and -
Elena Landriscina, Esq.
Stefen R. Short, Esq.
Robert M. Quackenbush, Esq.
Sophia A. Gebreselassie, Esq.
Veronica Vela, Esq.
THE LEGAL AID SOCIETY
199 Water Street, 6th Floor
New York, NY 10038
Telephone: (212) 577-3530
E-mail: elandriscina@legal-aid.org
sshort@legal-aid.org
rquackenbush@legal-aid.org
sgebreselassie@legal-aid.org
vvela@legal-aid.org
- and -
Walter Ricciardi, Esq.
Crystal L. Parke, Esq.r
Emily Vance, Esq.
Chantalle Hanna, Esq.
Samuel Margolis, Esq.
PAUL, WEISS, RIFKIND, WHARTON
& GARRISON LLP
1285 Avenue of the Americas
New York, NY 10019-6064
Telephone: (212) 373-3000
E-mail: wricciardi@paulweiss.com
cparker@paulweiss.com
evance@paulweiss.com
channa@paulweiss.com
smargolis@paulweiss.com
The Counsel for the Defendants are:
Owen T. Conroy, Esq.
Adam Sansolo, Esq.
Erin Kandel, Esq.
Gee Won Cha, Esq.
ASSISTANT ATTORNEYS GENERAL
OFFICE OF THE ATTORNEY GENERAL
STATE OF NEW YORK
BAYSIDE CONTRACTING: Saldivar Sues Over Unpaid Overtime Wages
-------------------------------------------------------------
Efrain Saldivar, on behalf of himself and others similarly situated
v. BAYSIDE CONTRACTING, INC. d/b/a BAYSIDE CONTRACTING, BAYSIDE
WAREHOUSE LLC d/b/a BAYSIDE CONTRACTING, PANAGIOTIS ECONOMOU and
CHRISTOS ECONOMOU, Case No. 1:23-cv-02137 (S.D.N.Y., March 13,
2023), is brought pursuant to the Fair Labor Standards Act ("FLSA")
and the New York Labor Law ("NYLL"), that he is entitled to recover
from the Defendants: unpaid wages, including overtime, due time
shaving; unpaid spread of hours premium; reimbursement for tools of
the trade maintenance; compensation for late payments of wages;
statutory penalties; liquidated damages; and attorney's fees and
costs.
Throughout Plaintiff's employment with Defendants, he was never
paid the overtime compensation of one and a half times his regular
rate of pay for his hours worked in excess of 40 hours per week, as
required under the FLSA and NYLL. In fact, Plaintiff was not paid
at all for his hours worked in excess of 40 hours per week due to
Defendants' time shaving policy. FLSA Collective Plaintiffs and
Class Members were similarly never compensated for overtime hours,
says the complaint.
The Plaintiff was hired by the Defendants as a construction helper,
responsible for assembling scaffolding.
BAYSIDE CONTRACTING, INC. d/b/a BAYSIDE CONTRACTING is a domestic
business corporation organized under the laws of New York.[BN]
The Plaintiff is represented by:
CK Lee, Esq.
Anne Seelig, Esq.
LEE LITIGATION GROUP, PLLC
148 West 24th Street, 8th Floor
New York, NY 10011
Phone: 212-465-1188
Fax: 212-465-1181
BELL ENERGY: Miller Sues to Recover Unpaid Overtime Wages
---------------------------------------------------------
Shawn Miller, individually and on behalf of all others similarly
situated v. BELL ENERGY SERVICES, LLC AND DAKOTA PETROLEUM
SERVICES, LLC, Case 1:23-cv-00051-CRH (D.N.D., March 14, 2023), is
brought to recover unpaid overtime wages and other damages from the
Defendants under the Fair Labor Standards Act ("FLSA"), and North
Dakota Century Code 34 and the North Dakota Minimum Wage and Work
Conditions Order (together, the "ND Wage Laws").
The Defendants paid the Plaintiff the same rate for all hours
worked, even those in excess of 40 hours in a workweek. The
Defendants controlled all the significant or meaningful aspects of
the job duties performed by the Plaintiff. The Defendants
controlled the hours and locations the Plaintiff and the Putative
Class Members worked, and the rate of pay received. The Plaintiff
and the Putative Class Members were all paid on a per load basis
and consistently worked between 60 and 80 hours per week. Instead
of paying them overtime, the Defendants paid the Plaintiff and the
Putative Class Members the same per load rate for all hours worked.
The Defendants denied the Plaintiff and the Putative Class Members
an overtime premium for any hours worked in excess of 40 hours in a
single workweek. The Defendants' refusal to pay overtime policy is
a clear violation of the FLSA, says the complaint.
The Plaintiff was employed by the Defendants as a driver, hauling
production and fresh water between oilfield sites in North Dakota
from 2018 through December 2022.
The Defendants transport fresh water and production water to and
from various oilfield sites in North Dakota.[BN]
The Plaintiff is represented by:
Douglas B. Welmaker, Esq.
WELMAKER LAW, PLLC
409 N. Fredonia, Suite 118
Longview, Texas 75601
Phone: (512) 799-2048
Email: doug@welmakerlaw.com
BGB GROUP LIMITED: Campbell Files ADA Suit in S.D. New York
-----------------------------------------------------------
A class action lawsuit has been filed against BGB Group, Limited.
The case is styled as Jovan Campbell, on behalf of herself and all
others similarly situated v. BGB Group, Limited, Case No.
1:23-cv-02279 (S.D.N.Y., March 16, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
BGB Group -- https://bgbgroup.com/ -- is a medical communications
agency based in New York City that passionately fuses both creative
execution and scientific insight.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
10826 64th Avenue, Ste. 2nd Floor
Forest Hills, NY 11375
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
BIG THINK CAPITAL: DeLorme Suit Transferred to C.D. California
--------------------------------------------------------------
The case styled as Jamie DeLorme, on behalf of himself and all
others similarly situated v. Big Think Capital, Inc., Case No.
0:22-cv-00968-NSB-DT was transferred from the U.S. District Court
for the District of Minnesota, to the U.S. District Court for the
Central District of California on March 16, 2023.
The District Court Clerk assigned Case No. 2:23-mc-00037 to the
proceeding.
The nature of suit is stated as Other Statutory Actions.
Big Think Capital -- https://bigthinkcapital.com/ -- provides
financial services for helping businesses.[BN]
The Plaintiff appears pro se.
The Defendants are represented by:
Daniel J. Spielfogel, Esq.
DANIEL J SPIELFOGEL LAW OFFICES
2660 Townsgate Road Suite 600
Westlake Village, CA 91361
Phone: (805) 373-8907
Fax: (805) 373-8927
Email: dans@djslaw.com
CHEMOURS COMPANY: Dismissed from Water Contanimation Suit
---------------------------------------------------------
The Chemours Company disclosed in its Form 10-K report for the
fiscal year ended December 31, 2022, filed with the Securities and
Exchange Commission on February 10, 2023, that a putative class
action was filed against two electroplating companies, 3M and EID,
and two other defendants added in an amended complaint, alleging
responsibility for PFAS contamination, including PFOA and PFOS, in
drinking water and the environment in the nearby community.
Although initially named in the lawsuit, Chemours was subsequently
dismissed.
The putative class of residents alleges negligence, nuisance,
trespass, and other claims and seeks medical monitoring, personal
injury and property damages, and punitive damages.
The Chemours Company is a leading, global provider of performance
chemicals based in Delaware.
CITIBANK NA: Open Motions in Frontpoint Suit Closed After Dismissal
-------------------------------------------------------------------
In the case, FRONTPOINT ASIAN EVENT DRIVEN FUND, LTD, et al.,
Plaintiffs v. CITIBANK, N.A., et al., Defendants, Case No. 16 Civ.
5263 (AKH) (S.D.N.Y.), Judge Alvin K. Hellerstein of the U.S.
District Court for the Southern District of New York orders the
Clerk of Court to terminate the open motions at ECF Nos. 445 and
471.
The Order is pursuant to Judge Hellerstein's orders granting
preliminary approval of class action settlements and orders of
final judgment and dismissal.
A full-text copy of the Court's March 7, 2023 Order is available at
https://tinyurl.com/2p899pxr from Leagle.com.
CLASSPASS INC: Chabolla Files Suit in N.D. California
-----------------------------------------------------
A class action lawsuit has been filed against ClassPass, Inc. The
case is styled as Katherine Chabolla, individually and on behalf of
all others similarly situated v. ClassPass, Inc., Case No.
4:23-cv-00429-YGR (N.D. Cal., Jan. 30, 2023).
The nature of suit is stated as Other Personal Property.
ClassPass Inc. -- https://classpass.com/ -- is the largest health
club aggregator by number of club partnerships, with over 30,000
health clubs in 28 countries.[BN]
The Plaintiff is represented by:
Alan R. Plutzik, Esq.
Daniel Edward Birkhaeuser, Esq.
Robert M. Bramson, Esq.
BRAMSON PLUTZIK MAHLER & BIRKHAEUSER, LLP
2125 Oak Grove Road, Suite 125
Walnut Creek, CA 94598
Phone: (925) 945-0200
Fax: (925) 945-8792
Email: aplutzik@bramsonplutzik.com
dbirkhaeuser@bramsonplutzik.com
rbramson@bramsonplutzik.com
- and -
Ethan Roman, Esq.
WITTELS MCINTURFF PALIKOVIC
305 Broadway, Ste. Floor 7
New York, NY 10007
Phone: (914) 775-8862
Email: edr@wittelslaw.com
The Defendant is represented by:
Christine Marie Reilly, Esq.
Justin Jones Rodriguez, Esq.
MANATT PHELPS & PHILLIPS LLP
2049 Century Park East, Suite 1700
Los Angeles, CA 90067
Phone: (310) 312-4237
Fax: (310) 312-4224
Email: creilly@manatt.com
jjrodriguez@manatt.com
CLAYTON MANUFACTURING: Faccinto Files Suit in Cal. Super. Ct.
-------------------------------------------------------------
A class action lawsuit has been filed against Clayton Manufacturing
Company. The case is styled as Anthony Faccinto, on behalf of
himself and all others similarly situated, and on behalf of the
general public v. Clayton Manufacturing Company, Case No.
STK-CV-UOE-2023-0001903 (Cal. Super. Ct., San Joaquin Cty., Feb.
27, 2023).
The case type is stated as "Unlimited Civil Other Employment."
Clayton Manufacturing, Inc. -- https://www.claytonindustries.com/
-- manufactures general industrial machinery. The Company offers
steam boilers and generators.[BN]
The Plaintiff is represented by:
Roman Otkupman, Esq.
OTKUPMAN LAW FIRM, ALC
28632 Roadside Dr, Ste 203
Agoura Hills, CA 91301-6015
Phone: (818) 293-5623
Fax: (888) 850-1310
Email: roman@OLFLA.com
CO-DIAGNOSTICS INC: Continues to Defend Gelt Securities Class Suit
------------------------------------------------------------------
Co-Diagnostics Inc. disclosed in its Form 10-K Report for the
fiscal period ending December 31, 2022 filed with the Securities
and Exchange Commission on March 16, 2023, that the Company
continues to defend itself from the Gelt securities class suit in
the United States District Court for the District of Utah.
On June 15, 2020, Gelt Trading Co. filed a lawsuit in the United
States District Court for the District of Utah (“District of
Utah”), against the Company and certain of our directors and
officers, on behalf of itself and a putative class, seeking to
recover damages for alleged violations of Sections 10(b) and 20(a)
of the Securities Exchange Act of 1934 (“Gelt Litigation”).
The complaint alleges that Co-Diagnostics and the individual
defendants overstated the accuracy of the Company's Logix Smart
COVID-19 test in statements on April 30, 2020 and May 1, 2020, and
that plaintiff suffered losses when the Company's stock price
dropped after public reports questioned the accuracy of the Logix
Smart test on May 14, 2020.
On July 15, 2020, plaintiff filed an amended complaint.
On March 10, 2021, the court appointed Gelt as Lead Plaintiff, and
on April 7, 2021, Lead Plaintiff filed a second amended complaint
(“SAC”), which asserts the same Sections 10(b) and 20(a) claims
against the same defendants on largely the same theory.
On May 5, 2021, the defendants moved to dismiss the SAC. On March
9, 2022, the court entered a Decision & Order denying the motion to
dismiss, and on April 13, 2022, the defendants filed an answer to
the SAC.
On October 17, 2022, Gelt filed a motion to certify the putative
class.
Discovery is currently underway and the motion to certify the class
is pending.
The defendants believe the claims are without merit and intend to
defend vigorously against them, but there can be no assurances as
to the outcome.
Co-Diagnostics, founded in 2013, specializes in DNA-based
diagnostic testing technology developed by its founder, Brent
Satterfield.
COTY INC: Amended Solis Class Complaint Dismissed Without Prejudice
-------------------------------------------------------------------
In the case, YERALDINNE SOLIS, Plaintiff v. COTY, INC.; NOXELL
CORPORATION, Defendants, Case No. 22-cv-0400-BAS-NLS (S.D. Cal.),
Judge Cynthia Bashant of the U.S. District Court for the Southern
District of California grants the Defendants' motion to dismiss and
dismisses without prejudice the Amended Complaint for lack of
subject-matter jurisdiction.
Solis brings the consumer-protection class action against Coty and
Noxell. She alleges she purchased the Defendants' beauty product
marketed as "safe" and "sustainable," when it contains harmful and
carcinogenic chemicals called PFAS.
Coty is a foreign corporation with its principal place of business
located in New York, New York. It owns CoverGirl Cosmetics brand.
Noxell is a subsidiary of Coty. Together, the Defendants formulate,
design, manufacture, advertise, distribute, and sell CoverGirl's
line of beauty products.
In December 2021, Solis purchased a unit of CoverGirl's TruBlend
Pressed Powder from a retail store in Escondido, California. Prior
to purchase, Solis reviewed the Product's "packaging" and
"labeling," images of which are provided both in the Amended
Complaint at Paragraph 28 and at Exhibit K to the Defendants'
Request for Judicial Notice. In particular, she read the statements
on the Product's label, located on the backside of the Product's
packaging, which states the Product is "dermatologically tested"
and "suitable for sensitive skin." She also alleges she poured over
statements in CoverGirl's and Coty's websites, as well as a Coty
investor report, prior to purchasing the Product.
Solis alleges that she believed the Product to be "safe for use and
otherwise sustainable" based upon the representations and, thus,
purchased the Product in reliance upon the truthfulness of those
representations. However, she claims the Defendants' marketing is
misleading, for the Product is neither "safe" nor "sustainable,"
but rather it is "unfit for use" and "poses a significant safety
risk" because an organization called Toxin Free USA detected in
samples of the Product heightened levels of organic fluorine, which
are indicative of purportedly harmful per- and polyfluoroalkyl
substances ("PFAS").
PFAS are a group of highly persistent, synthetic chemicals.
According to the Food & Drug Administration ("FDA"), PFAS are often
intentionally added to certain products such as foundation,
lipstick, eyeliner, eyeshadow, and mascara. Although Solis does not
contend there exists a federal or state regulation prohibiting the
use of PFAS as an additive in cosmetic products, she avers that
"PFAS are not necessary for the intended outcomes" and that several
of the Defendants' peers do not use PFAS in their products.
Solis alleges it is beyond dispute PFAS are toxic and carcinogenic.
She claims exposure to PFAS in humans increases the risk of cancer,
liver damage, fertility issues, asthma, and thyroid disease, and
cites a number of studies linking PFAS to those diseases and health
complications. She avers cosmetics that contain PFAS raise a
particularly disconcerting health risk because users apply beauty
products directly to the face—in particularly absorptive areas
such as near the eyes and mouth—and habitually And because PFAS
persist and accumulate over time, they are harmful even at very low
levels.
Crucially, Solis concedes, as she must, the Product's label
discloses PTFE as one of its ingredients. She alleges PTFE -- known
more commonly as Teflon -- is a type of PFAS chemical.
Nevertheless, Solis alleges that because it is not yet
scientifically feasible to isolate particular PFAS in a test
sample, the exact source of organofluorine" in the Product "cannot
be determined to solely come from PTFE.
On March 25, 2022, Solis filed an initial complaint. On April 27,
2022, the Defendants filed a motion to dismiss. In lieu of filing
an opposition, Solis filed her Amended Complaint.
The Amended Complaint asserts 15 separately enumerated claims: (1)
unlawful, unfair, and fraudulent business practices in violation of
California's Unfair Competition Law ("UCL"); (2) violation of
California's Consumer Legal Remedies Act; (3) breach of the implied
warranty under the Song-Beverly Act; (4) violation of California's
False Advertising Law ("FAL"); (5) fraud; (6) constructive fraud;
(7) fraudulent inducement; (8) money had and received; (9)
fraudulent concealment; (10) fraudulent misrepresentation; (11)
negligent misrepresentation; (12) unjust enrichment; (13) breach of
express warranty; (14) violation of the Magnuson-Moss Warranty
("MMW") Act; and (15) negligent failure to warn. She brings these
claims on behalf of herself, a nationwide class, and a California
subclass.
The Defendants now move to dismiss the Amended Complaint pursuant
to both Federal Rule of Civil Procedure 12(b)(1) for lack of
subject-matter jurisdiction and Rule 12(b)(6) for failure to state
a claim upon which relief can be granted. In particular, they
assert the Amended Complaint fails to plead an injury-in-fact as a
prerequisite of Article III standing.
They further aver Solis fails to state a single claim upon which
relief can be granted because, inter alia: (1) Solis' claims under
California's consumer-protection statutes do not plausibly allege
violations of the "reasonable consumer standard"; (2) Solis' claims
for which fraud is an elemental lynchpin fail under Rule 9(b)'s
heightened standard; (3) Solis' claims for breach of warranty
fail—and, thus, so does her MMW Act claim—because she neither
identifies an inaccurate statement in Defendants' marketing
materials nor alleges the Product is unfit for its intended use;
(4) Solis' claims for unjust enrichment and money-had-and-received
as currently formulated are precluded by California law; and (5)
Solis has not alleged a non-economic injury as a prerequisite for
her negligent failure to warn claim.
Judge Bashant concludes that Solis does not sufficiently allege she
suffered a concrete economic injury arising from her December 2021
purchase of the Product. Nor does Solis assert she suffered any
other injury-in-fact that would supply her with Article III
standing to pursue her claims. Accordingly, she fails to satisfy
her burden of demonstrating the "triad of injury in fact, causation
and redressability," which "constitutes the core of Article III's
case-or-controversy requirement," and, thus, her Amended Complaint
warrants dismissal under Rule 12(b)(1).
For the reasons she stated, Judge Bashant grants the Defendants'
Motion to dismiss the Amended Complaint pursuant to Rule 12(b)(1)
for lack of subject-matter jurisdiction. The dismissal is without
prejudice to Solis filing a corrective pleading that resolves the
deficiencies delineated. If Solis wishes to do so, she must file
her Second Amended Complaint by March 31, 2023.
A full-text copy of the Court's March 7, 2023 Order is available at
https://tinyurl.com/yc5c9bsf from Leagle.com.
CREDIT MANAGEMENT: Joint Stipulation on Case Deadlines Approved
---------------------------------------------------------------
In the class action lawsuit captioned as PEPE GLOVER, v. CREDIT
MANAGEMENT, L.P.; EQUIFAX INFORMATION SERVICES, LLC; EXPERIAN
INFORMATION SOLUTIONS, INC.; and TRANS UNION, LLC; Case No.
3:22-cv-00568-RGJ-CHL (W.D. Ky.), the Hon. Judge Rebecca Grady
Jennings entered an order approving joint stipulation regarding
discovery and remaining case deadlines.
All discovery and remaining case deadlines are stayed pending
ruling on class-certification in a ruling on a motion for
class-certification in Jordan Coffey v. Equifax Information
Services, LLC, et al., Case No. 5:22-cv-00271 (E.D. Ky).
Credit Management is a debt collection agency that collects on
behalf of financial institutions and businesses in various
industries.
A copy of the Court's order dated March 6, 2023 is available from
PacerMonitor.com at https://bit.ly/3Jks1xZ at no extra charge.[CC]
CROSS-LINES RETIREMENT: Coe Bid to Seal Docs Denied w/o Prejudice
-----------------------------------------------------------------
In the class action lawsuit captioned as Coe, et al., v.
Cross-Lines Retirement Center, Inc. et al., Case No. 2:22-cv-02047
(D. Kan.), the Hon. Judge Eric F. Melgren entered an order denying
without prejudice to refiling motion to seal or redact documents.
The Court said,"As clearly stated in this Court's standing order
regarding the standard for motions to seal (available on the courts
website), parties may not rely solely on this Court's prior
protective order to seal filings. "Rather, the parties must
articulate a real and substantial interest that justifies depriving
the public of access to the records that inform our decision-making
process. The Plaintiff shall have 14-days from this filing to
resubmit the Motion if they choose. If nothing has been filed by
that time the clerk is directed to unseal the specified entry."
The suit alleges violation of the Americans with Disabilities Act
involving civil rights – housing / accommodations.[CC]
DAO RESTAURANT: Filing of Class Status Bid Extended to April 5
--------------------------------------------------------------
In the class action lawsuit captioned as JARED THORNTON, et al., v.
DAO RESTAURANT, LLC, Case No. 4:22-cv-00429-AW-MAF (N.D. Fla.), the
Hon. Judge Allen Winsor entered an order granting the Plaintiffs'
unopposed motion for extension. The deadline to file class
certification is extended to April 5.
A copy of the Court's order dated Mar. 7, 2023 is available from
PacerMonitor.com at https://bit.ly/3JNYTQZ at no extra charge.[CC]
DATANYZE LLC: Hudson Files "Placeholder" Bid for Class Cert.
------------------------------------------------------------
In the class action lawsuit captioned as CHARISMA HUDSON and BRIAN
SCHAEFER, Ohio citizens, individually and as the representatives of
a class of similarly-situated persons, v. DATANYZE, LLC, a Delaware
limited liability company, Case No. 3:23-cv-00466-JRK (N.D. Ohio),
Plaintiffs request the Court allowing a "placeholder" motion for
class certification to remain pending to protect against any
alternative pick-off attempt following the Supreme Court's decision
in Campbell-Ewald.
The proposed class meets the requirements of Rules 23(a), (b)(2),
(b)(3), and (g). Plaintiffs request that following discovery and
further briefing, the Court certify the class, appoint Plaintiffs
as the class representatives, and appoint Plaintiffs' attorneys as
class counsel.
The Plaintiffs will file its memorandum of law in support of its
Motion after Rule 23 discovery has been completed. The parties need
to meet and confer and propose a discovery schedule with this Court
and Plaintiffs respectfully request a status conference with the
Court as soon as practicable to set a discovery schedule on
Plaintiffs' Rule Motion.
The Plaintiffs file the "placeholder" motion for class
certification to protect against any potential attempt by Datanyze
to moot their claims through the tendering of individual relief. In
other words, Plaintiffs file this motion to prevent a "pick-off" of
their claims. The Plaintiffs also submit their accompanying brief
in support.
The Plaintiffs propose the following class definition:
"All current and former Ohio residents who are not
subscribers to Datanyze's platform and whose name, voice,
signature, photograph, image, likeness, distinctive
appearance, and/or identity is incorporated in profiles used
to market paid subscriptions for the platform."
Datanyze is the leader in technographics -- real-time insights
based on a company's technology choices and buying signals.
A copy of the Plaintiffs' motion dated March 8, 2023 is available
from PacerMonitor.com at https://bit.ly/3JRrK76 at no extra
charge.[CC]
The Plaintiffs are represented by:
Ryan M. Kelly, Esq.
ANDERSON + WANCA
3701 W. Algonquin Rd. Ste 500
Rolling Meadows, IL 60008
Telephone: (847) 368-1500
E-mail: rkelly@andersonwanca.com
DELTA AIR LINES: Antitrust Suits Consolidated in DC Court
----------------------------------------------------------
Delta Air Lines, Inc. disclosed in its Form 10-K report for the
fiscal year ended December 31, 2022, filed with the Securities and
Exchange Commission on February 10, 2023, that in July 2015, a
number of purported class action antitrust lawsuits were filed
alleging that Delta, American, United, and Southwest had conspired
to restrain capacity.
The lawsuits were filed in the wake of media reports that the U.S.
Department of Justice had served civil investigative demands upon
these carriers seeking documents and information relating to this
subject. The lawsuits have been consolidated into a single
Multi-District Litigation proceeding in the U.S. District court for
the District of Columbia. The summary judgment motion has been
fully briefed and pending since May 2021.
Delta Air Lines, Inc. is an airline based in Georgia.
DFA DAIRY: Bid for Class certification Must be Filed by July 28
---------------------------------------------------------------
In the class action lawsuit captioned as ROBERTO HERNANDEZ, v. DFA
DAIRY BRANDS ICE CREAM, LLC, Case No. 3:23-cv-10139-MGM (D. Mass.),
the Hon. Judge Mark G. Mastroianni entered a scheduling order as
follows:
1. The parties shall exchange initial March 20, 2023
disclosures by:
2. Any amendments to the pleadings June 2, 2023
shall be made by:
3. The Plaintiff's motion for July 28, 2023
class certification shall be
filed by:
4. Fact discovery shall be completed Nov. 24, 2023
by:
5. The Plaintiff shall designate Dec. 22, 2023
and disclose expert witnesses
pursuant to Fed. R. Civ. P.
26(a)(2) by:
6. The Plaintiff's trial experts Jan. 22, 2024
must be deposed by:
7. The Defendant shall designate Feb. 5, 2024
and disclose expert witnesses
pursuant to Fed. R. Civ. P.
26(a)(2) by:
8. The Defendant's trial experts March 6, 2024
must be deposed by:
9. Dispositive motions, if any, April 5, 2024
shall be filed by:
Dfa Dairy operates in the Ice Cream and Ice Milk
business/industry.
A copy of the Court's order dated Mar. 7, 2023 is available from
PacerMonitor.com at https://bit.ly/3Fx8wBo at no extra charge.[CC]
DISH DBS: Continues to Defend 401(k) Plan Breach Class Suit
-----------------------------------------------------------
DISH DBS Corp. disclosed in its Form 10-K Report for the fiscal
period ending December 31, 2022 filed with the Securities and
Exchange Commission on March 16, 2023, that the Company continues
to defend itself from 401(k) Plan breach class suit in United
States District Court for the District of Colorado.
On December 20, 2021, four former employees filed a class action
complaint in the United States District Court for the District of
Colorado against DISH Network, DISH Network's Board of Directors,
and DISH Network's Retirement Plan Committee alleging fiduciary
breaches arising from the management of our 401(k) Plan.
The putative class, comprised of all participants in the Plan on or
after January 20, 2016, alleges that the Plan had excessive
recordkeeping and administrative expenses and that it maintained
underperforming funds.
On February 1, 2023, a Magistrate Judge issued a Recommendation
that the defendants' motion to dismiss the complaint be granted.
DISH Network intends to vigorously defend this case.
DISH DBS Corporation, through its subsidiaries, provides pay-TV
services under the DISH and Sling brands in the United States. The
company was founded in 1996 and is headquartered in Englewood,
Colorado. DISH DBS Corporation is a subsidiary of DISH Network
Corporation.
EASTWOOD CONSTRUCTION: Russo Class Suit Remanded to State Court
---------------------------------------------------------------
In the case, RUSSO, ET AL., Plaintiffs v. EASTWOOD CONSTRUCTION
PARTNERS, LLC, ET AL., Defendants, Case No. 2:22-cv-1686-DCN
(D.S.C.), Judge David C. Norton of the U.S. District Court for the
District of South Carolina, Charleston Division, grants the
Plaintiffs' motion to remand to state court.
The Plaintiffs brought the action against the Defendants alleging
that either due to defective products, defective installation, or
otherwise improper construction, water intrusion resulted or will
result in the Plaintiffs' homes. This damage will require, or has
required, the Plaintiffs to spend substantial sums of money to
repair the properties.
The class is defined as all owners of the affected properties, with
a few limited exceptions, and is composed of 388 homeowners
situated in the Wynfield Forest, Oakley Pointe, Sophia Landing,
Ryder's Landing, and Retreat at Beresford developments near
Charleston, South Carolina.
The Plaintiffs allege that Defendants Eastwood Construction and
Eastwood Homes (combined, "Eastwood") constructed and were the
general contractors for the construction of the properties.
Eastwood engaged subcontractors to construct the properties
including Defendants Exterior Contract Services, Alpha Omega
Construction Group, Inc., and Southcoast Exteriors, Inc. Exterior
Services, Alpha Omega, and Southcoast were engaged to install
roofing. Defendants Ciro Lopez and Juan Garza Ramos performed
roofing work on the properties as subcontractors to Exterior
Services, and John Doe Subcontractors 1-25 ("John Does") furnished
labor, services, and/or materials in the construction of roofing on
the properties as subcontractors and suppliers to Eastwood,
Exterior Services, Southcoast, or Alpha Omega. John Does'
identities were not yet known at the time of the filing of the
third amended complaint.
The Plaintiffs alleged three causes of action against Eastwood,
Exterior Services, Alpha Omega, Southcoast, Lopez, Ramos, and John
Does (collectively, the "Contractor Defendants"). They bring the
class action for (1) negligence/gross negligence, (2) breach of
implied warranties, and (3) violation of the South Carolina Unfair
Trade Practices Act, S.C. Code Ann. Sections 29-5-10, et seq.,
against the Contractor Defendants.
Defendant Air Vent, Inc. manufactured and sold the roof ridge vent
product installed on the roofs of the properties that the
Plaintiffs allege is defective. The Plaintiffs brought three claims
against Air Vent: (1) breach of implied warranties, (2) negligence,
and (3) violation of SCUTPA.
The Plaintiffs filed the class action lawsuit on behalf of
homeowners in several subdivisions in the Charleston, South
Carolina area on Aug. 26, 2020, in the Charleston County Court of
Common Pleas. The court heard a similar matter on March 18, 2021.
Russo v. Eastwood Construction Partners, LLC, 2020-CP-10-03794,
2021 WL 1059023 (D.S.C. Mar. 18, 2021) ("Russo"). The present Court
dismissed that case under Colorado River Water Conservation
District v. United States, 424 U.S. 800 (1976), citing the federal
court's right to abstain from matters duplicative of a state court
proceeding.
The state court proceeding at issue is Smiley v. Exterior Contract
Services, No. 2020-CP-10-03786 (Charleston Cnty. C.P. Aug. 26,
2020). On May 27, 2022, Air Vent removed Smiley, the instant
action, from state court to federal court pursuant to 28 U.S.C.
Sections 1332, 1441, 1446, and 1453.
The Plaintiffs filed the present motion to remand to state court on
June 24, 2022. Eastwood and Air Vent responded in opposition on
July 15, 2022. The Plaintiffs replied to those responses on July
22, 2022.
On Dec. 20, 2022, the Plaintiffs dismissed without prejudice all
claims against Air Vent, Alpha Omega, and the named and unnamed
individual contractors. Shortly thereafter, the Court requested
that the parties file supplemental briefs on the issue of
timeliness of removal to federal court under the Class Action
Fairness Act of 2005 ("CAFA"), Pub. L. No. 109-2, 119 Stat. 4-14
(codified in scattered sections of Title 28 of the United States
Code), given the dismissal of Air Vent.
On Jan. 6, 2023, the Plaintiffs responded in support of the motion
to remand; Southcoast responded in support; whereas both Eastwood
and Exterior Services responded in opposition. On Feb. 10, 2023,
the Court requested that the parties file a second supplementary
brief on the discrete issue as to whether the court may still
consider Air Vent's response in opposition to the motion to remand.
On Feb. 15, 2023, the Plaintiffs filed a brief explaining the Court
could not consider those arguments, whereas Eastwood and Exterior
Services filed a joint brief explaining that the court could
consider those arguments. On Feb. 16, 2023, the Court held a
hearing on the motion to remand.
Air Vent removed the action to federal court based on the
allegation that the amount in controversy exceeds $5 million, there
is minimal diversity because Air Vent is not a South Carolina
citizen whereas all the Plaintiffs are South Carolina citizens, and
there are more than a hundred plaintiffs.
The Plaintiffs now seek to remand based on two core arguments.
First, they believe removal was improper because they disagree with
the characterization that the amount in controversy exceeds $5
million, because Air Vent offered no evidence to show the amount in
controversy meets the statutorily required amount. Second, they
argue that even if Air Vent properly removed the action, the local
controversy exception to CAFA jurisdiction is met and remand to
state court is required.
Judge Norton explains that in general, removal pursuant to CAFA is
permissible if the removing party can establish: (1) the matter in
controversy exceeds the sum or value of $5 million, exclusive of
interest and costs; (2) any member of a class of plaintiffs is a
citizen of a state different from any defendant; and (3) there are
100 or more plaintiff class members. In the present case, only the
first prong is contested.
Judge Norton first examines the propriety of removal, and
thereafter considers the Plaintiffs' objections to removal --
namely, whether Air Vent and Eastwood properly met the amount in
controversy. He finds that Air Vent and Eastwood have plausibly
alleged that the amount in controversy is met based on actual
damages plus the possibility of treble damages, punitive damages,
and attorneys' fees. Hence, the removal pursuant to CAFA was proper
and the Court has jurisdiction over the action.
Next, Judge Norton examines whether the four requirements for the
local controversy exception are met: the Plaintiffs must show that
(1) greater than two-thirds of the members in the aggregate are
citizens of the State in which the action was originally filed; (2)
local Defendant(s) form a significant basis from whom the
plaintiffs seek significant relief; (3) principal injuries
resulting from the alleged conduct or any related conduct of each
Defendant were incurred in the State in which the action was
originally filed; and (4) during the 3-year period preceding the
filing of that class action, no other class action has been filed
asserting the same or similar factual allegations against any of
the Defendants on behalf of the same or other persons.
Finding all four prongs met, Judge Norton holds that he is required
to remand the action to state court under the local controversy
exception. He finds that the Plaintiffs have adequately alleged
that two-thirds of the class members are South Carolina citizens,
Southcoast and Exterior Services are significant defendants, the
injuries occurred in South Carolina, and no other similar class
action was filed in the three years preceding Smiley's filing.
For these reasons, Judge Norton grants the motion to remand.
A full-text copy of the Court's March 7, 2023 Order is available at
https://tinyurl.com/bdfvx49v from Leagle.com.
EPIC CARE INC: Wyatt Sues Over Unpaid Compensation
--------------------------------------------------
Lakesha Yvette Wyatt, individually and on behalf of herself and all
others similarly situated v. EPIC CARE, INC., a California
corporation, and DOES 1-50, inclusive, Case No. 23CV028123 (Cal.
Super. Ct., Alameda Cty., Feb. 17, 2023), is brought pursuant to
the California Labor Codes, applicable IWC California Wage Orders
and California Code of Regulations, seeking unpaid wages, unpaid
meal and rest period compensation, unreimbursed expenses,
penalties, liquidated damages, and reasonable attorneys' fees and
costs.
The Plaintiff was employed by the Defendants in an hourly,
non-exempt position. She worked as a Medical Assistant in
Defendants' facilities approximately 5 days per week, 40+ hours per
week. The Defendants implemented uniform policies and practices
that deprived Plaintiff and Class Members of earned wages,
including minimum wages; straight time wages; overtime wages;
premium wages; lawful meal and/or rest breaks; reimbursement for
necessary expenses; and timely payment of wages, says the
complaint.
The Plaintiff was employed in an hourly, non-exempt position by the
Defendants.
Epic Care, Inc. is a California corporation, doing business in the
state of California.[BN]
The Plaintiff is represented by:
James R. Hawkins, Esq.
Christina M. Lucio, Esq.
JAMES HAWKINS APLC
9880 Research Drive, Suite 200
Irvine, CA 92618
Phone: (949) 387-7200
Facsimile: (949) 387-6676
Email: james@jameshawkinsaplc.com
christina@jameshawkinsaplc.com
GENERAL MOTORS: Buffenmyer Suit Removed to N.D. California
----------------------------------------------------------
The case styled as Kyle Buffenmyer, Amanda Herberger, individually,
on behalf of all others similarly situated, and on behalf of the
general public v. General Motors LLC, Case No. 23-CIV-00167 was
removed from the San Mateo County Superior Court, to the U.S.
District Court for the Northern District of California on Feb. 17,
2023.
The District Court Clerk assigned Case No. 3:23-cv-00739-CRB to the
proceeding.
The nature of suit is stated as Other Contract.
The General Motors Company -- https://www.gm.com/ -- is an American
multinational automotive manufacturing company headquartered in
Detroit, Michigan.[BN]
The Plaintiff is represented by:
Elliot Jason Conn, Esq.
CONN LAW, PC
354 Pine Street, 5th Floor
San Francisco, CA 94104
Phone: (415) 417-2780
Fax: (415) 358-4941
Email: elliot@connlawpc.com
- and -
Christian Schreiber, Esq.
Monique Olivier, Esq.
OLIVIER & SCHREIBER LLP
475 14th Street, Suite 250
Oakland, CA 94612
Phone: (415) 484-0980
Fax: (415) 658-7758
Email: christian@os-legal.com
monique@os-legal.com
The Defendant is represented by:
Alvina Pillai, Esq.
KING & SPALDING LLP
1185 Avenue of the Americas
New York, NY 10036
Phone: (212) 790-5331
Fax: (212) 556-2222
Email: apillai@kslaw.com
GEO SECURE: Class Certification Bid Must be Filed by Nov. 3
-----------------------------------------------------------
In the class action lawsuit captioned as CHRIS MAZZEI, on behalf of
himself, and all others similarly situated, and on behalf of the
public, v. GEO SECURE SERVICES, LLC, ET AL., Case No.
1:22-cv-01347-AWI-CDB (E.D. Cal.), the Court entered a class
certification scheduling order as follows:
-- All non-expert discovery related 23 to the motion for class
certification shall be completed no later than October 3,
2023.
-- The Court sets a mid-discovery status conference on July
18, 2023, at 9:30 a.m. before Magistrate Judge Christopher
D. Baker.
-- The motion for class certification shall be filed no later
than November 3, 2023.
-- Opposition to the motion shall be filed no later than
November 17, 2023.
-- Any reply shall be filed no later than December 1, 2023.
-- Any objections to the evidence shall be filed at the same
time as the opposition (for Defendant) and the reply (for
Plaintiff).
-- The hearing on the motion for class certification, to be
heard by Magistrate Judge Christopher D. Baker, is set for
December 20, 2023 at 10:30 a.m.
A copy of the Court's order dated March 8, 2023 is available from
PacerMonitor.com at https://bit.ly/3JwE3ED at no extra charge.[CC]
GIFTROCKET INC: Class Cert Bid Must Comply w/ Rule 23, Court Says
-----------------------------------------------------------------
In the class action lawsuit captioned as Gracie Baked LLC et al v.
GiftRocket, Inc., Case No. 1:22-cv-04019 (E.D.N.Y.), the Hon. Judge
Magistrate Vera M. Scanlon entered a scheduling Order as follows:
-- Any class certification motion must comply with Fed. R.
Civ. P. 23 and be timely made;
-- The pre-motion conference request should be directed to
the District Judge.
-- If dispositive motion practice is not commenced, on or
before May 17, 2024, the parties will file a joint
Proposed Pretrial Order.
The suit alleges violation of Trademark Infringement (Lanham
Act).[CC]
GLOBAL PERSONALS: Filing of Class Cert. Bid Due March 4, 2024
-------------------------------------------------------------
In the class action lawsuit captioned as DAVID ULERY, individually
and on behalf of all others similarly situated, v. GLOBAL
PERSONALS, LLC, d/b/a SexyFans, and SEXY FANS, LLC, Case No.
1:22-cv-03253-NYW-MDB (D. Colo.), the Hon. Judge entered an
scheduling order:
-- Deadline for service of December 4, 2023
Interrogatories, Requests for
Production of Documents and/or
Admissions:
-- Deadline for Joinder of Parties April 28, 2023
and Amendment of Pleadings:
-- Discovery Cut-off: February 2, 2024
-- Dispositive Motion Deadline: April 12, 2024
-- The parties shall designate all Oct. 13, 2023
experts and provide opposing
counsel and any pro se parties
with all information specified in
Fed. R. Civ. P. 26(a)(2) on or
before:
-- Class Certification Deadline is March 4, 2024
set for:
The Plaintiff alleges that the Defendants violated the national
Do-Not-Call Registry provisions of the Telephone Consumer
Protection Act ("TCPA"). The Plaintiff brings this Class Action
Complaint for damages, injunctive relief, and any other available
legal or equitable remedies, resulting from the alleged illegal
actions of Defendants in negligently or willfully contacting
Plaintiff on Plaintiff’s cellular telephone, in violation of the
TCPA. The Plaintiff alleges that he and putative Class Members were
sent sexually explicit unwanted text message telemarketing
solicitations, despite their numbers being registered on the
national Do-Not-Call Registry and without their consent.
Global contends that this action should be dismissed for lack of
personal jurisdiction and Plaintiff’s lack of standing. Global, a
Florida company, did not send the alleged text messages, did not
authorize, permit, or ratify their transmission by anyone else, and
does not know who sent the alleged text messages. As a result,
Global is not subject to personal jurisdiction in Colorado based on
Plaintiff’s alleged receipt of the text messages at issue.
Global Personals is an online entertainment solutions provider
offering a network of traditional, casual and niche dating sites
A copy of the Court's order dated Mar. 7, 2023 is available from
PacerMonitor.com at https://bit.ly/42myH7h at no extra charge.[CC]
The Plaintiff is represented by:
Jordan Richards, Esq.
JORDAN RICHARDS PLLC
1800 SE 10th Avenue, Ste. 205 Ft. Lauderdale FL
Telephone: (954) 871-0050
E-mail: jordan@jordanrichardspllc.com
- and -
Joshua H. Eggnatz, Esq.
EGGNATZ PASCUCCI PA
E-mail: jeggnatz@justiceearned.com
7450 Griffin Road, Suite 230
Davie, FL 33314
Telephone: (954) 889-3359
The Defendant is represented by:
Marcelo Diaz-Cortes, Esq. Fla.
LEVINE KELLOGG LEHMAN SCHNEIDER &
GROSSMAN LLP
Miami Tower, 36th Floor 100
SE 2nd Street Miami, FL
Telephone: (305) 403-8788
Facsimile: (305) 403-8789
E-mail: MD@lklsg.com
H&M HENNES & MAURITZ: Ventura Sues to Recover Wage Payments
-----------------------------------------------------------
Victoria Ventura, individually and on behalf of others similarly
situated v. H&M HENNES & MAURITZ L.P., Case No. 1:23-cv-02115
(S.D.N.Y., March 13, 2023), is brought to recover damages for
delinquent wage payments made to workers who qualify as manual
laborers and who were employed at any time by the Defendant between
January 22, 2016 and the present (the "Relevant Period") in the
State of New York.
The Defendant has compensated all its employees on a bi-weekly
(every other week) basis, regardless of whether said employees
qualified as manual laborers under the NYLL. The Defendant has at
no time during the Relevant Period been authorized by the New York
State Department of Labor Commissioner to compensate its employees
who qualify as manual laborers on a bi-weekly basis, in
contravention of NYLL which requires that without explicit
authorization from the Commissioner, such workers must be
compensated not less frequently than on a weekly basis, says the
complaint.
The Plaintiff was employed by the Defendant as a visual
merchandiser.
H & M HENNES & MAURITZ L.P. is a limited partnership who is a
resident of The Netherlands owing to both its General Partner and
Limited Partner being residents of The Netherlands.[BN]
The Plaintiff is represented by:
Brett R. Cohen, Esq.
Jeffrey K. Brown, Esq.
Michael A. Tompkins, Esq.
LEEDS BROWN LAW, P.C.
One Old Country Road, Suite 347
Carle Place, NY 11514
Phone: (516) 873-9550
HAIR SPA LA LLC: Campbell Files Suit in C.D. California
-------------------------------------------------------
A class action lawsuit has been filed against Hair Spa LA LLC. The
case is styled as Patricia Campbell, individually and on behalf of
all others similarly situated v. Hair Spa LA LLC, Case No.
2:23-cv-00681-JLS-AGR (C.D. Cal., Jan. 30, 2023).
The nature of suit is stated as Other P.I. for Personal Injury.
Hair Spa LA -- https://hairspala.com/ -- is a natural hair growth
oil that helps to resolve women's hair loss and alopecia.[BN]
The Plaintiff is represented by:
Frank S. Hedin, Esq.
HEDIN HALL LLP
1395 Brickell Avenue, Suite 1140
Miami, FL 33131
Phone: (305) 357-2107
Email: fhedin@hedinhall.com
HARLEY-DAVIDSON: Lipkin Suit Transferred to E.D. Wisconsin
----------------------------------------------------------
The case styled as Vladimir Lipkin and Anzhela Demkiv, individually
and on behalf of all others similarly situated v. HARLEY-DAVIDSON
MOTOR COMPANY GROUP, LLC, Case No. 1:23-cv-00413 was transferred
from the U.S. District Court for the Northern District Of Illinois,
to the U.S. District Court for the Eastern District of Wisconsin on
Feb. 17, 2023.
The District Court Clerk assigned Case No. 1:20-cv-00228 to the
proceeding.
The nature of suit is stated as Insurance.
Harley-Davidson Motor Company Group LLC --
https://www.harley-davidson.com/ -- produces and sells motorcycles.
The Company offers sports bikes, heavyweight motorcycles, and other
accessories.[BN]
The Plaintiff is represented by:
Elizabeth A. Fegan, Esq.
FEGAN SCOTT LLP
150 South Wacker Drive, 24th Floor
Chicago, IL 60606
Phone: (312) 741-1019
Fax: (312) 264-0100
Email: beth@feganscott.com
- and -
Ling S. Wang, Esq.
FEGAN SCOTT LLC
100 S. Fifth Street, Suite 1900
Minneapolis, MN 55402
Phone: 651-432-4468
Email: ling@feganscott.com
- and -
David Freydin, Esq.
LAW OFFICES OF DAVID FREYDIN LTD
8707 Skokie Blvd., Suite 305
Skokie, IL 60077
Phone: (312) 544-0365
Email: david.freydin@freydinlaw.com
HEALTH FIRST: Parties Must Confer Class Certification Deadlines
---------------------------------------------------------------
In the antitrust class action lawsuit captioned as Powers, et al.,
v. Health First Inc., Case No. 6:23-cv-00375 (M.D. Fla.), the Hon.
Judge Paul G. Byron entered an order directing the parties to
confer regarding deadlines pertinent to a motion for class
certification and advise the Court of agreeable deadlines in their
case management report.
-- The deadlines should include a deadline for
(1) disclosure of expert reports - class action, plaintiff
and defendant;
(2) discovery - class action;
(3) motion for class certification;
(4) response to motion for class certification; and
(5) reply to motion for class certification.
The suit alleges violation of Clayton Act.
Health First provides medical and surgical hospital services.[CC]
HEARTBREAKER GUITARS: Toro Files ADA Suit in S.D. New York
----------------------------------------------------------
A class action lawsuit has been filed against Heartbreaker Guitars
Limited, LLC. The case is styled as Andrew Toro, on behalf of
himself and all others similarly situated v. Heartbreaker Guitars
Limited, LLC, Case No. 1:23-cv-02134-JPC (S.D.N.Y., March 13,
2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Heartbreaker Guitars -- https://heartbreakerguitars.com/ -- carries
the finest custom guitars on the planet: Lowden Guitars, Bourgeois
Guitars, Rick Turner Guitars and Huss and Dalton.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
10826 64th Avenue, Ste. 2nd Floor
Forest Hills, NY 11375
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
HERSHEY COMPANY: Ross Sues Over False and Misleading Labels
-----------------------------------------------------------
Kevin Ross, individually and on behalf of a class of similarly
situated persons v. THE HERSHEY COMPANY, Case No. 1:23-cv-02121
(S.D.N.Y., March 13, 2023), is brought on behalf of persons who
purchased one or more packages of the following: Hershey's Special
Dark Mildly Sweet Chocolate; Lily's Extra Dark Chocolate 70% Cocoa;
and Lily's Extreme Dark Chocolate 85% Cocoa (hereinafter the
"Products"), which contained labels that are materially deceptive,
false and misleading given the Defendant's omission about the
presence (or risk) of Lead and Cadmium ("Heavy Metals").
The harmful effects of heavy metals are well-documented,
particularly on children. Exposure puts children at risk for
lowered IQ, behavioral problems (such as attention deficit
hyperactivity disorder), type 2 diabetes, and cancer, among other
health issues. Heavy metals also pose risks to adults. Even modest
amounts of heavy metals can increase the risk of cancer, cognitive
and r
The Products contained both lead and cadmium in levels above the
California's maximum allowable dose level (MADL). Specifically,
Hershey's Special Dark Mildly Sweet Chocolate contained 265% of the
MADL for lead, Lily's Extra Dark Chocolate 70% Cocoa contained 144%
of the MADL for lead, and Lily's Extremely Dark Chocolate 85% Cocoa
contained 143% of the MADL for lead and 101% of the MADL for
cadmium. While lead and cadmium can be found in many food sources,
the Products, on their own, expose consumers to as much as 265% of
the MADL in just a single one-ounce serving. The Products come in
as must as 7.56 ounce bars. Imagine receiving over 2000% of the
maximum allowable dose of lead from just a single candy bar.
The Defendant knows that the presence (or risk) of toxic Heavy
Metals in its Products is a material fact to reasonable consumers,
including Plaintiff and the Class members. Despite Defendant's
knowledge of lead and cadmium in the Products, Defendant failed to
provide any warning on the place that every consumer looks when
purchasing a product--the packaging or labels--that the Products
contain lead and cadmium. The Defendant knew that if the presence
(or risk) of toxic Heavy Metals in its Products was disclosed to
Plaintiff and the Class members, then Plaintiff and the Class
members would be unwilling to purchase them or would pay less for
them.
In light of Defendant's knowledge that Plaintiff and the Class
members would be unwilling to purchase the Products or would pay
less for the Products if they knew that they contained (or risked
containing) toxic Heavy Metals, Defendant intentionally and
knowingly concealed this fact from Plaintiff and the Class members
and did not disclose the presence (or risk) of these toxic Heavy
Metals on the labels of the Products.
The Defendant knew or should have known that Plaintiff and the
Class members would rely upon the packages of the Products and
intended for them to do so, but failed to disclose the presence (or
risk) of Heavy Metal. Based on this representation, the Plaintiff
believed the Product did not contain any lead. Had the Plaintiff
know the truth that the Products contained lead he would have paid
less for the Product, says the complaint.
The Plaintiff bought the Hershey's dark chocolate at a retail store
in the Manhattan, New York.
The Hershey Company is incorporated under the laws of the State of
Pennsylvania, with a principal place of business located in
Hershey, Pennsylvania.[BN]
The Plaintiff is represented by:
Charles D. Moore, Esq.
REESE LLP
100 South 5th Street, Suite 1900
Minneapolis, MN 55402
Phone: 212-643-0500
Email: cmoore@reesellp.com
- and -
Michael R. Reese, Esq.
REESE LLP
100 West 93rd Street, 16th Floor
New York, NY 10025
Phone: (212) 643-0500
Email: mreese@reesellp.com
HOME DEPOT: 6 Weeks Extension to File Class Cert Sought in Didzun
-----------------------------------------------------------------
In the class action lawsuit captioned as RICHARD JAMES DIDZUN, an
individual; IAN McANDREWS and KATE McANDREWS, individually and for
their marital community; on behalf of themselves and persons
similarly situated; v. THE HOME DEPOT, INC., a foreign
corporation, and HOME DEPOT USA, INC.; Case No. 2:21-cv-01540-RSL
(W.D. Wash.), the parties stipulate and agree, pursuant to Fed. R.
Civ. P. 6(b)(1) and Local Rule 10(g) as follow:
-- The deadline for the Plaintiffs to file their Motion for
Class Certification shall be extended by six weeks.
-- The new deadline to file a Motion for Class Certification
shall be Tuesday, April 18, 2023, and the motion shall be
noted on the court's calendar for the fifth Friday
thereafter.
1. On July 22, 2022, the parties filed their Joint Motion to
Continue Trial Date and Amend Case Schedule.
2. On July 25, 2022, the Court Granted the parties' Motion to
Continue and set March 7, 2023 as the deadline for the
Plaintiffs to file their Motion for Class Certification.
3. During the Plaintiffs' preparation of class certification
materials, an issue was discovered which will likely
require additional Home Depot to produce additional
documentary evidence which the Plaintiffs believe is
relevant to fulfilling the requirements of Fed. R. Civ. P.
23, as well as Home Depot's objections thereto.
Home Depot is an American multinational home improvement retail
corporation that sells tools, construction products, appliances,
and services, including fuel and transportation rentals.
A copy of the Parties' motion dated March 6, 2023 is available from
PacerMonitor.com at https://bit.ly/3YOVrdq at no extra charge.[CC]
HONEST COMPANY: Continues to Defend Sida Class Suit in California
-----------------------------------------------------------------
Honest Company Inc. disclosed in its Form 10-Q Report for the
fiscal period ending December 31, 2022 filed with the Securities
and Exchange Commission on March 16, 2023, that the Company
continues to defend itself from the Sida class suit in the U.S.
District Court for the Northern District of California.
On August 10, 2022, Catrice Sida and Kris Yerby filed a putative
class action complaint in the U.S. District Court for the Northern
District of California alleging violations of California's Unfair
Competition Law, False Advertising Law, Consumers Legal Remedies
Act, breach of warranty, and unjust enrichment related to
plant-based claims on certain of the Company's wipes products and
seeking declaratory relief, injunctive relief, monetary damages,
punitive damages and statutory penalties, and attorneys’ fees and
costs.
The Company filed its motion to dismiss on October 17, 2022.
On December 6, 2022, the Company's motion to dismiss was denied.
The Company believes this complaint is without merit and intends to
vigorously defend itself in this matter.
Honest Company is an American digital-first consumer goods company,
based in Los Angeles and founded by actress Jessica Alba.
INSURANCE COMPANY: Issokson Files Bid for Class Certification
-------------------------------------------------------------
In the class action lawsuit captioned as GERALD ISSOKSON, AS DULY
APPOINTED PERSONAL REPRESENTATIVE OF THE ESTATE OF PEARL ISSOKSON,
DECEASED, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY
SITUATED, v. INSURANCE COMPANY OF NORTH AMERICA, LIFE INSURANCE
COMPANY OF NORTH AMERICA, TOWERS ADMINISTRATORS, INC.,Case No.
3:18-cv-30070-MGM (D. Mass.), the Plaintiff asks the Court to enter
an order
1. Certifying the proposed class pursuant to F.R.C.P. Rule
23(b)(3);
2. Appointing the Plaintiff as class representative; and
3. Appointing Sean K. Collins, Jeffrey S. Goldenberg, Ex Kano
S. Sams II, and Jonathan M. Feigenbaum as class counsel.
Insurance Company provides property and casualty, life, health, and
accident insurance services.
A copy of the Court's order dated March 3, 2023 is available from
PacerMonitor.com at https://bit.ly/3mRxox7 at no extra charge.[CC]
the Plaintiffs are represented by:
Sean K. Collins, Esq.
LAW OFFICES OF SEAN K. COLLINS
184 High Street, Suite 503
Boston, MA 02110
Telephone: (855) 693-9256
Facsimile: (617) 227-2843
E-mail: sean@neinsurancelaw.com
- and -
Jeffrey S. Goldenberg, Esq.
GOLDENBERG SCHNEIDER, L.P.A.
4445 Lake Forest Drive, Suite 490
Cincinnati, Ohio 45242
Telephone: (513) 345-8297
Facsimile: (513) 345-8294
E-mail: jgoldenberg@gs-legal.com
- and -
Jonathan M. Feigenbaum, Esq.
LAW OFFICES OF JONATHAN M. FEIGENBAUM
184 High Street, Suite 503
Boston, MA 02110
Telephone: (617) 357-9700
Facsimile: (617) 227-2843
E-mail: jonathan@erisaattorneys.com
- and -
Ex Kano S. Sams II, Esq.
GLANCY PRONGAY & MURRAY LLP
1925 Century Park East, Suite 2100
Los Angeles, CA 90067
Telephone: (310) 201-9150
Facsimile: (310) 201-9160
E-mail: esams@glancylaw.com
KIRKLAND LAKE: Brahms Suit Seeks to Certify Class Action
--------------------------------------------------------
In the class action lawsuit RE: KIRKLAND LAKE GOLD LTD. SECURITIES
LITIGATION, Case No. 1:20-cv-04953-JPO (S.D.N.Y.), the Lead
Plaintiff Stephen Brahms asks the Court to enter an order:
1. certifying this action as a class action pursuant to
Federal Rules of Civil Procedure 23(a) and 23(b)(3) with
the class defined as follows:
"All persons or entities that purchased or otherwise
acquired common shares of Kirkland Lake Gold Ltd. stock on
the New York Stock Exchange between January 14, 2019 and
November 25, 2019, inclusive (the "Class Period");"
Excluded from the Class are the Defendants, the Defendant
Makuch's family, the officers and directors of the Company
and members of their immediate families, and their legal
representatives, heirs, successors or assigns and any
entity in which the Defendants have or had a controlling
interest;
2. appointing him as Class Representative of the proposed
Class; and
3. appointing Lowey Dannenberg, P.C. as Lead Counsel for the
Class pursuant to Federal Rules of Civil Procedure 23(g).
Kirkland Lake operates as a gold mining and exploration company.
The Company focuses on the acquisition, development, and
exploration of gold mining projects.
A copy of the the Plaintiff's motion dated March 6, 2023 is
available from PacerMonitor.com at https://bit.ly/3yHCCOD at no
extra charge.[CC]
the Plaintiff is represented by:
Christian Levis, Esq.
David Harrison, Esq.
Andrea Farah, Esq.
LOWEY DANNENBERG, P.C.
44 South Broadway, Suite 1100
White Plains, NY 10601
Telephone: (914) 997-0500
Facsimile: (914) 997-0035
E-mail: clevis@lowey.com
dharrison@lowey.com
afarah@lowey.com
MICHIGAN: Court Narrows Claims in Price Suit
--------------------------------------------
In the class action lawsuit captioned as CURWOOD LEWIS PRICE, v.
GOVERNOR GRETCHEN WHITMER and STATE OF MICHIGAN, Case No.
2:22-cv-11561-LVP-DRG (E.D. Mich.), the Hon. Judge Linda V. Parker
entered an order granting in part and denying in part the
Defendants' motion to dismiss and denying the plaintiff's motion
for consolidation.
The Court further ordered that the Plaintiff's motion for
consolidation is denied. The Court is dismissing without prejudice
Price's requests for declaratory and injunctive relief to the
extent not dismissed with prejudice above. The dismissal is without
prejudice, as Price may still seek the remaining relief as a member
of the class in Doe III. Within its inherent power to administer
its docket, a district court may dismiss a suit that is duplicative
of another federal court suit.
On July 11, 2022, the Plaintiff Curwood L. Price filed this pro se
lawsuit pursuant to 28 U.S.C. sections 2201 and 2202, challenging
Michigan's enforcement of its sex offender registration laws
against him. Under Michigan law, Price, who
was convicted in November 1991 of criminal sexual conduct for
sexually penetrating a person under 13 years of age, must register
as a sex offender for life.
Generally, Price asks the Court to find that applying the offender
registration laws to him violates Michigan and federal
constitutional prohibitions on ex post facto laws.
More specifically, Price seeks a declaration that
(i) he has a right to be removed from the State's sex
offender registries,
(ii) he can no longer be charged and/or prosecuted under any
part of the sex offender registration penalties;
(iii) all information must be immediately removed from the
registries;
(iv) he can apply for and receive Section 8 housing
assistance;
(v) he may change his name, with the name change only being
recorded and maintained by federal authorities under
strict disclosure standards, including a new Michigan
enhanced ID and moped license and a new social security
card; and
(vi) he has the right to seek and receive any and/or all
state and federal aid he qualifies for due to his
additional physical disability, which he has been
denied because of his placement on the sex offender
registry.
Price also seeks financial compensation of $100,000. The Defendants
have filed a motion to dismiss pursuant to Federal Rule of Civil
Procedure 12(b)(1) and (6). Price filed a response. Price also
moved to consolidate this action with a class action pending before
the Honorable Mark A. Goldsmith, Doe III v. Whitmer, Case No.
22-10209 (E.D. Mich. filed Feb. 2, 2022).
A copy of the Court's order dated March 6, 2023 is available from
PacerMonitor.com at https://bit.ly/3JK7ftd at no extra charge.[CC]
MORTGAGE CAPITAL: Filing of Class Cert. Bid Due Oct. 26
-------------------------------------------------------
In the class action lawsuit captioned as Paul Sapan, et al., v.
Mortgage Capital, Inc., et al., Case No. 8:22-cv-01831-JWH-ADS
(C.D. Cal.), the Hon. Judge John W. Holcomb entered an order
granting in part and denying in part the Defendants' motion to
dismiss.
Specifically, the Plaintiffs' claims against the Defendant Shalaby
are dismissed with leave to amend; the Defendants' motion to
dismiss is otherwise denied.
In view of Plaintiffs' representation that they do not intend to
amend their Complaint in light of this ruling, and at Defendants'
request, Defendants' deadline to file their Answer to Plaintiffs'
Complaint is extended to March 24, 2023.
The Defendants are granted permission to file two motions for
summary judgment.
The Court will issue its Revised Standing Order.
The Court sets the following deadlines and briefing schedule for
Plaintiffs' anticipated Motion for Class Certification:
Deadline to Conduct Settlement
Conference: Sept. 29, 2023
Deadline to file Motion for
Class Certification: Oct.26, 2023
Deadline to file Opposition to
Motion for Class Certification: Nov. 3, 2023
Deadline to file Reply re Motion
for Class Certification: Nov. 10, 2023
Hearing on Motion for Class
Certification: Dec. 1, 2023
A copy of the Court's order dated Mar. 7, 2023 is available from
PacerMonitor.com at https://bit.ly/3yKWSiv at no extra charge.[CC]
MULTNOMAH COUNTY, OR: Detainee Class Gets Certification in Davis
----------------------------------------------------------------
In the class action lawsuit captioned as THERESA DAVIS, RASHAWD
DUHART, ROBIN LUNDY, and SEAN BERGLUND, individually and on behalf
of all similarly situated individuals, v. MULTNOMAH COUNTY, a
political subdivision of the state of Oregon; MICHAEL REESE, STEVEN
ALEXANDER, JEFFREY WHEELER, KENDALL CLARK, JOSE PALOMERA, AMY HAY,
AARON VAN HOUTE, BRIAN BEARDSLEY, and JOHN DOES 1-50, acting in
concert and in their individual capacities, Case No.
3:20-cv-02041-SB (D. Or.), the Hon. Judge Stacie F. Beckerman
entered an order granting the Plaintiffs' unopposed motion for
class certification:
"All adults who were detainees or inmates at Multnomah
County Detention Center who were exposed to tear gas or
other chemical agents between May 29, 2020, and July 29,
2020."
The class is certified with respect all of claims alleged in the
First Amended Complaint.
The Court appoints Theresa Davis, Rashawd Duhart, Robin Lundy, and
Sean Berglund as representatives of the class.
Pursuant to FRCP 23(g), the Court appoints the following attorneys
as class counsel:
Joe Piucci, Esq.
PIUCCI LAW LLC
900 SW 13th Ave., Ste. 200
Portland, OR 97205
Telephone: (503) 228-7385
- and -
Jane L. Moisan, Esq.
PEOPLE'S LAW PROJECT
818 S.W. 4th Ave. #221-3789
Portland, OR 97204
Telephone: (971) 258-1292
- and -
Gabriel Chase, Esq.
CHASE LAW, PC
621 S.W. Alder St., Ste. 600
Portland, OR 97205
Telephone: (503) 294-1414
Facsimile: (503) 294-1455
- and -
David F. Sugerman, Esq.
Nadia H. Dahab, Esq.
Sarah R. Osborn, Esq.
SUGERMAN DAHAB
707 SW Washington St., Ste. 600
Portland, OR 97205
Telephone: (503) 228-6474
- and -
Christopher A. Larsen, Esq.
PICKETT DUMMIGAN MCCALL LLP
210 SW Morrison St., 4th Fl.
Portland, OR 97204
Telephone: (503) 223-7770
Facsimile: (503) 227-5350
- and -
Michelle R Burrows, OSB No. 861606
MICHELLE R. BURROWS P.C.
1333 Orenco Station Parkway No. 525
Hillsboro, OR 97124
Telephone: (503) 241-1955
A copy of the Court's order dated Mar. 7, 2023 is available from
PacerMonitor.com at https://bit.ly/3LzOtWM at no extra charge.[CC]
PAPA INC: Class Cert Hearing in Pardo Extended to July 13, 2023
---------------------------------------------------------------
In the class action lawsuit captioned as Jennifer Pardo,
individually and on behalf of all others similarly situated, v.
Papa, Inc., Case No. 3:21-cv-06326-RS (N.D. Cal.), the Hon. Judge
Richard Seeborg entered an order granting joint stipulation
extending the plaintiff, hearing date for motion for class
certification.
The class certification hearing currently scheduled for April 6,
2023, be continued by about three months to July 13, 2023
A copy of the Court's order dated March 2, 2023 is available from
PacerMonitor.com at https://bit.ly/3ZWMhw8 at no extra charge.[CC]
PAYPAL HOLDINGS: Faces Securities Suit Over Incentive Campaigns
----------------------------------------------------------------
Paypal Holdings Inc. (PPH) disclosed in its Form 10-K report for
the fiscal year ended December 31, 2022, filed with the Securities
and Exchange Commission on February 10, 2023, that on October 4,
2022, a putative securities class action captioned "Defined Benefit
Plan of the Mid-Jersey Trucking Industry and Teamsters Local 701
Pension and Annuity Fund v. PayPal Holdings, Inc., et al." Case No.
22-cv-5864, was filed in the U.S. District court for the District
of New Jersey.
On January 11, 2023, the court appointed Caisse de dépôt et
placement du Québec as lead plaintiff and renamed the action In re
PayPal Holdings, Inc. Securities Litigation. The PPH Securities
Action asserts claims relating to the company's public statements
with respect to net new active accounts results and guidance and
the detection of illegitimately created accounts.
The PPH Securities Action purports to be brought on behalf of
purchasers of the company's stock between February 3, 2021, and
February 1, 2022, and asserts claims for violations of Sections
10(b) and 20(a) of the Securities Exchange Act of 1934 against the
company, its Chief Executive Officer, and former Chief Financial
Officer.
The complaint alleges that certain public statements made by the
company during the Class Period were rendered materially false and
misleading (which, allegedly, caused the company's stock to trade
at artificially inflated prices) by the defendant's failure to
disclose that, among other things, the company's incentive
campaigns were susceptible to fraud and led to the creation of
illegitimate accounts, which allegedly affected the company's NNA
results and guidance. The PPH Securities Action seeks unspecified
compensatory damages on behalf of the putative class members.
PayPal Holdings, Inc. is a technology platform that enables digital
payments based in California.
PERVINE FOODS: Court Junks Seljak Class Suit
--------------------------------------------
In the class action lawsuit captioned as CADE SELJAK, JACOB
BERNARDI, and NANCY TAYLOR, Individually and On Behalf of All
Others Similarly Situated, v. PERVINE FOODS, LLC, Case No.
1:21-cv-09561-NRB (S.D.N.Y.), the Hon. Judge Naomi Reice Buchwald
entered an order:
-- granting in its entirety Defendant's motion to dismiss
Plaintiffs complaint; and
-- denying the Plaintiffs' request for leave to amend.
In sum, the Court holds that the Plaintiffs lack standing to bring
claims for injunctive relief, and that the Plaintiffs' claims based
on the argument that the Defendant's use of the term "FIT" is an
"implied nutrient content claim" under 21 U.S.C. section 343(r)(1)
is expressly pre-empted under the NLEA, 21 U.S.C. section
343-1(a)(5).
To the extent the Plaintiffs also allege claims for monetary relief
on the basis that the Defendant's use of the term "FIT" on their
"labeling is false or misleading" under 21 U.S.C. section
343(a)(1), those claims are dismissed as the Court concludes, as a
matter of law, that a reasonable consumer would not have been
misled by the Defendant's labeling.
Because the Plaintiffs have failed to state a claim related to the
FITCRUNCH products they did purchase, they cannot bring claims for
FITBAR products, which they did not purchase.
The Plaintiffs Cade Seljak, Jacob Bernardi, and Nancy Taylor bring
this purported class action against the Defendant Pervine Foods,
LLC on behalf of themselves and consumers who purchased the
Defendant's FITCRUNCH Whey Protein Baked Bar products ("FITCRUNCH
products") or FITBAR energy bar products.
The products contain high levels of protein and come in flavors
that sound like desserts, including Milk & Cookies, Chocolate Chip
Cookie Dough, Apple Pie, and Chocolate Peanut Butter.
The Plaintiffs assert the following claims under New York,
California, and Illinois law: (1) violation of New York's General
Business Law ("GBL") section 349; (2) violation of New York's GBL
section 350; (3) violation of California's Unfair Competition Law
("UCL"), California Business and Professions Code section 17200;
(4) violation of California's Consumer Legal Remedies Act ("CLRA"),
California Civil Code section 1750; (5) violation of California's
False Advertising Law ("FAL"), California Business & Professions
Code section 17500; and (6) violation of Illinois' Consumer Fraud
and Deceptive Trade
Practices Act ("ICFA") 815 ILCS 505/1.
Pervine Foods produces nutritional food products. The Company
provides protein baked bars, brownie, powder, and other related
products.
A copy of the Court's order dated March 3, 2023 is available from
PacerMonitor.com at https://bit.ly/3yGbmjo at no extra charge.[CC]
PHL VARIABLE: Initial OK of Settlement & Distribution Plan Sought
-----------------------------------------------------------------
In the class action lawsuit captioned as ADVANCE TRUST & LIFE
ESCROW SERVICES, LTA, AS NOMINEE OF LIFE PARTNERS POSITION HOLDER
TRUST, and JAMES KENNEY, on behalf of themselves and all others
similarly situated, v. PHL VARIABLE INSURANCE COMPANY, Case No.
1:18-cv-03444-MKV (S.D.N.Y.), the Plaintiff James Kenney, as an
individual and on behalf of the class of policy owners proposed to
be certified for purposes of settlement, ask the Court to enter an
order pursuant to Rule 23 of the Federal Rules of Civil Procedure:
1. preliminarily approving the Settlement and distribution
plan;
2. preliminarily certifying the Settlement Class and
appointing Plaintiff James Kenney as Class Representative
and Susman Godfrey L.L.P. as Class Counsel for purposes
of the Settlement;
3. approving the form and manner of notice to the Settlement
Class;
4. directing notice under Rule 23(e)(1); and
5. scheduling a final approval hearing at which the Court
will consider final approval of the Settlement, final
approval of the distribution plan, and Class Counsel's
motion for fees and costs, based on the accompanying
Memorandum of Law in Support of Plaintiff's Motion for
Preliminary Approval and Class Certification, the
supporting Declarations of Seth Ard, Professor Eric
Green, Robert Mills, and Gina M. Intrepido-Bowden, and
the exhibits attached thereto.
PHL Variable operates as an insurance firm. The Company offers life
insurance and annuity services.
A copy of the Plaintiffs' motion dated Mar. 7, 2023 is available
from PacerMonitor.com at https://bit.ly/40iAZCE at no extra
charge.[CC]
The Plaintiffs are represented by:
Seth Ard, Esq.
Ryan Kirkpatrick, Esq.
Komal Patel, Esq.
Steven G. Sklaver, Esq.
Krysta Kauble Pachman, Esq.
Michael Adamson, Esq.
SUSMAN GODFREY L.L.P.
1301 Avenue of the Americas, 32nd Floor
New York, NY 10019-6023
Telephone: (212) 336-8330
Facsimile: (212) 336-8340
E-mail: sard@susmangodfrey.com
rkirkpatrick@susmangodfrey.com
kpatel@susmangodfrey.com
ssklaver@susmangodfrey.com
kpachman@susmangodfrey.com
madamson@susmangodfrey.com
PORTOLA PHARMACEUTICALS: Amended Class Action Settlement Approved
-----------------------------------------------------------------
In the class action lawsuit captioned as PAUL HAYDEN, et al., v.
PORTOLA PHARMACEUTICALS INC., et al., Case No. 3:20-cv-00367-VC
(N.D. Cal.), the Hon. Judge Vince Chhabria entered an order
approving class action settlement as amended.
-- The Settlement Class
The Court hereby finally certifies for the purposes of the
Settlement only, the Action as a class action pursuant to
Rule 23 of the Federal Rules of Civil Procedure on behalf
of:
"all persons and entities who purchased or otherwise
acquired the common stock of Portola Pharmaceuticals, Inc.
between January 8, 2019 and February 28, 2020, inclusive
(the "Settlement Class Period"), and were allegedly damaged
thereby; including those who purchased or otherwise
acquired Portola Inc. common stock either in or traceable
to Portola Inc.'s secondary public offering ("SPO") on or
about August 14, 2019, and were allegedly damaged thereby
("Settlement Class");"
Excluded from the Settlement Class are:
(i) Defendants;
(ii) members of the immediate family of any Individual
Defendant;
(iii) any person who was an officer, director, or
controlling person of Portola Inc. or any of the
Underwriter Defendants;
(iv) any subsidiaries or affiliates of Portola or any
of the Underwriter Defendants;
(v) any entity in which any such excluded party has,
or had, a direct or indirect majority ownership
interest;
(vi) Defendants' directors' and officers' liability
insurance carriers, and any affiliates or
subsidiaries thereof; and
(vii) the legal representatives, heirs, successors-in-
interest, or assigns of any such excluded persons
or entities.
Notwithstanding the foregoing and for the avoidance of
doubt, the Settlement Class shall not exclude any
"Investment Vehicles," defined as any investment company,
or pooled investment fund or separately managed account
(including, but not limited to, mutual fund families,
exchange traded funds, funds of funds, private equity
funds, real estate funds, hedge funds, and employee benefit
plans) in which the Underwriter Defendants, or any of them,
have, has, or may have a direct or indirect interest, or as
to which its affiliates may serve as a fiduciary or act as
an investment advisor, general partner, managing member, or
in any other similar capacity but in which any of the
Underwriter Defendants, alone or together with its, his, or
her respective affiliates, is not a majority owner or does
not hold a majority beneficial interest. Also excluded from
the Settlement Class is any Settlement Class Member that
validly and timely requests exclusion in accordance with
the requirements set by the Court.
However, no Settlement Class Member has requested exclusion
from the Settlement Class.
-- Final Settlement Approval and Dismissal of Claims
Pursuant to, and in accordance with, Rule 23(e)(2) of the
Federal Rules of Civil Procedure, this Court hereby fully
and finally approves the Settlement set forth in the
Stipulation in all respects (including, without limitation,
the amount of the Settlement, the Releases provided for
therein, and the dismissal with prejudice of the claims
asserted against Defendants in the Action), and finds that
the Stipulation is, in all respects, fair, reasonable, and
adequate, and in the best interests of the Settlement
Class.
Specifically, the Court finds that (a) Plaintiffs and Lead
Counsel have adequately represented the Settlement Class;
(b) there was no collusion in connection with the
Stipulation; (c) the Stipulation was the product of
informed, arm’s-length negotiations among competent, able
counsel; (d) the relief provided for the Settlement Class
under the Stipulation is adequate taking into account the
costs, risks, and delay of trial and appeal, the proposed
means of distributing the Settlement Fund to the Settlement
Class, the proposed attorneys’ fee award and requested
reimbursement of Plaintiffs’ Counsel’s litigation expenses
and Plaintiffs’ costs and expenses; and (e) the Plan of
Allocation treats members of the Settlement Class equitably
relative to each other.
Portola is an American clinical stage biotechnology company that
researches, develops, and commercializes drugs. The company focuses
primarily on drugs used in the treatment of thrombosis and
hematological malignancies.
A copy of the Court's order dated March 6, 2023 is available from
PacerMonitor.com at https://bit.ly/40d6M7V at no extra charge.[CC]
PRECISION IMAGING: Class Certification Bid Extended to Sept. 23
---------------------------------------------------------------
In the class action lawsuit captioned as MARC IRWIN SHARFMAN M.D.
P.A., v. PRECISION IMAGING ST. AUGUSTINE LLC and HALO DX, INC.,
Case No. 6:22-cv-00642-WWB-DCI (M.D. Fla.), the Hon. Judge Wendy W.
Berger entered an order:
1. granting the Plaintiff's unopposed motion to modify case
management and scheduling order, and
2. extending the deadline for moving for class certification
to September 23, 2023.
A copy of the Court's order dated March 8, 2023 is available from
PacerMonitor.com at https://bit.ly/3Jv5sqp at no extra charge.[CC]
PURECYCLE TECHNOLOGIES: Continues to Defend Consolidated Class Suit
-------------------------------------------------------------------
PureCycle Technologies Inc. disclosed in its Form 10-K Report for
the fiscal period ending December 31, 2022 filed with the
Securities and Exchange Commission on March 16, 2023, that the
Company continues to defend itself from the consolidated putative
class suits in the U.S. District Court for the Middle District of
Florida.
Beginning on or about May 11, 2021, two putative class action
complaints were filed against PCT, certain senior members of
management and others, asserting violations of federal securities
laws under Section 10(b) and Section 20(a) of the Exchange Act. The
complaints generally allege that the applicable defendants made
false and/or misleading statements in press releases and public
filings regarding the Technology, PCT’s business and PCT's
prospects.
The first putative class action complaint was filed in the U.S.
District Court for the Middle District of Florida by William C.
Theodore against PCT and certain senior members of management (the
“Theodore Lawsuit”).
The second putative class action complaint was filed in the U.S.
District Court for the Middle District of Florida by David
Tennenbaum against PCT, certain senior members of management and
others (the "Tennenbaum Lawsuit" and, together with the Theodore
Lawsuit, the "Class Action Lawsuits").
On July 14, 2021, the court granted a motion to consolidate the
Class Action Lawsuits and on July 27, 2021, Tennenbaum filed a
motion to voluntarily dismiss his complaint without prejudice.
On August 5, 2021, the Court entered an order appointing the
Mariusz Ciecko and Robert Ciecko as Co-Lead Plaintiffs (“Lead
Plaintiffs”) and Pomerantz LLP as Lead Counsel.
On September 27, 2021, the Lead Plaintiffs filed a consolidated
amended complaint.
The consolidated amended complaint seeks to represent a class of
investors who purchased or otherwise acquired PCT's securities
between November 16, 2020, and May 5, 2021, certification of the
alleged class, as well as compensatory and punitive damages.
The consolidated amended complaint relies on information included
in a research report published by Hindenburg Research LLC.
On November 12, 2021, PCT and the individual defendants affiliated
with PCT ("PCT Defendants") and Byron Roth each filed separate
motions to dismiss Lead Plaintiffs' amended complaint.
On December 28, 2021, Lead Plaintiffs filed their brief in
opposition to the PCT Defendants’ and Byron Roth's motions to
dismiss.
On January 18, 2022, the PCT Defendants filed a reply to Lead
Plaintiffs’ brief.
On August 4, 2022, the U.S. District Court for the Middle District
of Florida dismissed the Class Action Lawsuits, without prejudice.
The Court provided the Lead Plaintiffs until August 18, 2022 to
file a second amended complaint.
Plaintiffs filed their second amended complaint on August 18, 2022.
On September 15, 2022, the PCT Defendants and Byron Roth each filed
a motion to dismiss the second amended complaint and the Lead
Plaintiffs filed their opposition to the motions to dismiss on
October 20, 2022.
Defendants were granted leave to file a reply and filed the reply
on October 31, 2022.
The PCT Defendants intend to vigorously defend the Class Action
Lawsuits.
PureCycle Technologies, Inc. is a Florida-based corporation
focused
on commercializing a patented purification recycling technology
for
restoring waste polypropylene into resin.
QUIKSERVE CAJUN: Mora Files Suit in Cal. Super. Ct.
---------------------------------------------------
A class action lawsuit has been filed against Quikserve Cajun,
Inc., et al. The case is styled as Cynthia Mora, and all others
similarly situated and on behalf of the general public v. Quikserve
Cajun, Inc., Does 1-10, Case No. 34-2023-00336303-CU-OE-GDS (Cal.
Super. Ct., Sacramento Cty., March 16, 2023).
The case type is stated as "Other Employment - Civil Unlimited."
Quikserve Cajun, Inc. is a legal entity registered with Bloomberg
Finance L.P.[BN]
The Plaintiff is represented by:
Roman Otkupman, Esq.
OTKUPMAN LAW FIRM, ALC
28632 Roadside Dr, Ste 203
Agoura Hills, CA 91301-6015
Phone: (818) 293-5623
Fax: (888) 850-1310
Email: roman@OLFLA.com
REAL EATS AMERICA: Winter Sues Over Unpaid Wages and Benefits
-------------------------------------------------------------
Yvonne Winter, on behalf of herself and all others similarly
situated v. REAL EATS AMERICA INC., Case No. 6:23-cv-06157
(W.D.N.Y., March 15, 2023), is brought for collection of unpaid
wages and benefits for 60 calendar days pursuant to the Worker
Adjustment and Retraining Notification Act of 1988 (the "WARN Act")
and the New York Worker Adjustment and Retraining Notification Act
("NY WARN Act") New York Labor Law ("NYLL") (collectively, the
"WARN Acts").
The Plaintiff was an employee of the Defendant until she was
terminated as part of, or as a result of a mass layoff and/or plant
closing ordered by the Defendant. As such, the Defendant is liable
under the WARN Acts for the failure to provide the Plaintiff and
the other similarly situated former employees at least 60 days’
advance written notice of termination, as required by the WARN Act
and did not provide 90 days advance written notice as required by
the NY WARN Act. As a consequence, the Plaintiff and other
similarly situated employees of the Defendant are entitled under
the WARN Acts to recover from the Defendant their wages and ERISA
benefits for 60 days, none of which has been paid. The Plaintiff
also bring this action against the Defendant on behalf of herself
and the other similarly situated former employees seeking accrued
vacation pay, says the complaint.
The Plaintiff was an employee who was employed by the Defendant and
worked at or reported to the Facility until her termination without
cause on March 1, 2023.
The Defendant is a New York corporation which maintained a facility
located in Geneva, New York.[BN]
The Plaintiff is represented by:
Stuart J. Miller, Esq.
LANKENAU & MILLER, LLP
100 Church Street, 8th FL
New York, NY 10078
Phone: (212) 581-5005
Fax: (212) 581-2122
- and -
Mary E. Olsen, Esq.
M. Vance McCrary, Esq.
THE GARDNER FIRM, PC
182 St. Francis Street, Suite 103
Mobile, AL 36602
Phone: (251) 433-8100
Fax: (251) 433-8181
REILLY FOAM: Carreon Sues Over Unlawful Biometric Scanning
----------------------------------------------------------
Roberto Carreon and Ma del Carmen Martinez, individually and on
behalf of other persons similarly situated v. REILLY FOAM CORP.,
Case No. 2023LA000204 (Ill. 18th Judicial Cir. Ct., DuPage Cty.,
Feb. 27, 2023), is brought to obtain statutory damages and other
equitable relief under the Illinois Biometric Information Privacy
Act ("BIPA" or "the Act"), as a result of the unlawful biometric
scanning and storage practices of Defendant.
As past and present employees of Defendant, Plaintiffs and class
members were required to provide it with their personalized
biometric identifiers and the biometric information derived
therefrom ("biometric data"). Specifically, Defendant collects and
stores its employees' fingerprints and requires employees to
clock-in and clock out by scanning their fingerprints into a
fingerprint-scanning machine.
Following the capture of their employees' biometric data, Defendant
uses this data to compare the future scans of their employees'
fingerprints into a punch-clock device. The punch-clock device
scans each fingerprint and confirms that the employee punching in
to work is who they claim to be. The collection of the punch-clock
fingerprint entries is then used to confirm employees' presence.
The Plaintiffs and class members have not been notified where their
fingerprints are being stored, for how long Defendant will keep the
fingerprints, and what might happen to this valuable information.
The State of Illinois recognized the value and importance of
preserving people's biometric data when it passed the Illinois
Biometric Information Privacy Act. Unlike other forms of personal
identification, such as photo IDs or passwords, fingerprints are
immutable aspects of our bodies. This makes them a promising source
of future identification-related technology, particularly in our
increasingly insecure technological world.
If Defendant insists on collecting and storing their employees'
fingerprints, Defendant must comply with the BIPA. This includes
notifying employees the practice is taking place; informing
employees of how the practice is implemented; obtaining written
consent from the employees to collect and store their biometric
data; maintaining their employees' biometric data in a sufficiently
secure manner; and maintaining a publicly available disclosure of
how the biometric data will be handled and destroyed.
Unfortunately for the Plaintiffs and class members, none of these
directives were followed. Accordingly, Plaintiffs bring this action
individually and on behalf of class members pursuant to obtain
statutory damages and injunctive relief for violations of the BIPA,
says the complaint.
The Plaintiffs are individuals subject to the same
fingerprint-storing practices as other of Defendant's employees.
The Defendant is a for-profit corporation that is doing business in
the state of Illinois.[BN]
The Plaintiffs are represented by:
Roberto Luis Costales, Esq.
William H. Beaumont, Esq.
BEAUMONT COSTALES LLC
107 W. Van Buren, Suite 209
Chicago, IL 60605
Phone: (773) 831-8000
Email: rlc@beaumontcostales.com
whb@beaumontcostales.com
RELENTLESS RECOVERY: Sanford Sues Over Unpaid Overtime Wages
------------------------------------------------------------
Christopher Sanford, individually and on behalf of all others
similarly situated v. Relentless Recovery, Inc., an Ohio Limited
Corporation; Amy Osterling and David Osterling, Case No.
1:23-cv-00537 (N.D. Ohio, March 15, 2023), is brought for unpaid
wages, liquidated damages, attorneys' fees, costs, and interest
under the Fair Labor Standards Act ("FLSA"), and Ohio Revised Code
Ann. ("ORC") for the Defendants' failure to pay the Plaintiff all
earned overtime wages.
The Plaintiff, in his work for the Defendants, typically worked 60
hours or more per week. The Defendants implemented a policy where
their repossession drivers, including the Plaintiff, were only
compensated for up to 45 hours per week regardless of the number of
hours worked in a workweek. The Plaintiff was required to work a
minimum of 40 hours per week for the Defendants. The Plaintiff
would not be compensated for hours worked in excess of 45 hours in
a workweek. The Defendants have willfully refused to pay overtime
to its repossession drivers, including the Plaintiff, by only
compensating the Plaintiff for working 45 hours per week,
regardless of the number of hours spent working by the Plaintiff.
In willfully refusing to pay overtime wages, the Defendants have
violated the overtime provisions of the FLSA and the ORC, says the
complaint.
The Plaintiff was hired by the Defendants and worked for the
Defendants as a repossession driver from 2015 through September
2022.
The Defendants own and operate a company that functions as a
repossession service and whose primary marketplace offering is
providing repossession services.[BN]
The Plaintiff is represented by:
Clifford P. Bendau, II, Esq.
Christopher J. Bendau, Esq.
BENDAU & BENDAU PLLC
P.O. Box 97066
Phoenix, AZ 85060
Phone: (480) 382-5176
Email: cliffordbendau@bendaulaw.com
- and -
James L. Simon, Esq.
SIMON LAW CO.
5000 Rockside Road, Suite 520
Independence, OH 44131
Phone: (216) 816-8696
Email: james@simonsayspay.com
RENEOTECH INC: Nemirovsky Suit Removed to S.D. New York
-------------------------------------------------------
The case styled as Michael Nemirovsky, individually and on behalf
of all others similarly situated v. Reneotech, Inc., Case No.
151267/2023 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 March 13, 2023.
The District Court Clerk assigned Case No. 1:23-cv-02112 to the
proceeding.
The nature of suit is stated as Other Personal Property.
Reneotech, Inc. is a natural & safe bio-pesticide that will kill
bed bugs.[BN]
The Plaintiff appears pro se.
The Defendant is represented by:
Alvina Pillai, Esq.
KING & SPALDING LLP
1185 Avenue of the Americas
New York, NY 10036
Phone: (212) 790-5331
Fax: (212) 556-2222
Email: apillai@kslaw.com
REVENTICS LLC: Robinson Files Suit in D. Colorado
-------------------------------------------------
A class action lawsuit has been filed against Reventics LLC. The
case is styled as Preference Robinson, individually, and on behalf
of all others similarly situated v. Reventics LLC, Case No.
1:23-cv-00659-RMR (D. Colo., March 14, 2023).
The nature of suit is stated as Other P.I. for Personal Injury.
Reventics -- https://reventics.com/ -- is a new-age,
physician-focused clinical documentation improvement (CDI) and
revenue cycle management (RCM) company.[BN]
The Plaintiff is represented by:
Nickolas J. Hagman, Esq.
CAFFERTY CLOBES MERIWETHER & SPRENGEL LLP
135 South LaSalle Street, Suite 3210
Chicago, IL 60603
Phone: (312) 782-4880
Email: nhagman@caffertyclobes.com
RIBBON HOME: Chen Sues Over Employment Loss Without Cause
---------------------------------------------------------
KENNY CHEN, SEAN HO, and ZOE BUONINCONTRI, individually and on
behalf of all other persons similarly situated who were employed by
RIBBON HOME, INC. f/k/a ACHIEVE, INC., Plaintiffs v. RIBBON HOME,
INC. f/k/a ACHIEVE, INC., Defendant, Case No. 152297/2023 (N.Y.
Sup., New York Cty., March 10, 2023) is a class action brought by
the Plaintiffs seeking to recover from the Defendant for violations
of the New York State Worker Adjustment and Retraining Notification
Act, on behalf of themselves and a class of similarly situated
persons who worked for Defendant and experienced employment loss
without cause on or about November 21, 2022, and within 30 days of
that date, or experienced an employment loss without cause as the
reasonably foreseeable consequence of the mass layoffs ordered by
Defendant.
Plaintiff Chen was employed by Defendant as an iOS Engineer, and
began working for Defendant in approximately August 2021.
Plaintiff Ho was employed by Defendant as an Engineering Manager,
and began working for Defendant in approximately June 2021.
Plaintiff Buonincontri was employed by Defendant as a Portfolio
Operations Associate, and began working for Defendant on or about
April 25, 2022.
On or about November 21, 2022, Defendant carried out a mass layoff
that resulted in the loss of employment for at least 33% of its
workforce and at least 25 employees, excluding "part-time
employees" who were employed for an average of fewer than twenty
hours per week or who have been employed for fewer than six of the
twelve months preceding the date on which notice is required.
Named Plaintiffs' employment with Defendant was terminated on or
about November 21, 2022 as part of this "mass layoff" as defined by
the New York WARN Act, for which they were entitled to receive 90
days advance written notice under the act from Defendant, says the
suit.
Ribbon Home, Inc. provides software solutions. The Company offers
platform for buying and selling of home. Ribbon Home serves
customers in the United States.[BN]
The Plaintiffs are represented by:
Lloyd R. Ambinder, Esq.
LaDonna M. Lusher, Esq.
Alanna R. Sakovits, Esq.
VIRGINIA & AMBINDER, LLP
40 Broad Street, 7th Floor
New York, NY 10004
Telephone: (212-943-9080
E-mail: lambinder@vandallp.com
llusher@vandallp.com
asakovits@vandallp.com
- and -
Mahir Nisar, Esq.
Susan Ghim, Esq.
Casey Wolnowski, Esq.
NISAR LAW GROUP, PC
60 East 42nd Street, Suite 4600
New York, NY 10165
Telephone: (646) 889-1011
E-mail: mnisar@nisarlaw.com
sghim@Nisarlaw.com
cwolnowski@nisarlaw.com
RICE DRILLING: Deadline to Answer Amended Complaint Extended
------------------------------------------------------------
In the class action lawsuit captioned as GOLDEN EAGLE RESOUCES II,
LLC, v. RICE DRILLING D, LLC, Case No. 2:22-cv-02374-ALM-KAJ (S.D.
Ohio), the Hon. Judge Kimberly A. Jolson entered an order granting
the parties agreement to extend the deadline for the Defendant to
answer or otherwise plead to the Amended Complaint.
-- The Defendant must answer or otherwise plead to the Amended
Complaint within 14 days of the Court's decision on class
certification in the Passmore case.
-- But the parties cannot stipulate to this extension.
Pursuant to Local Rule 6.1(a), parties can only stipulate
to "extensions of time not to exceed a total of 21 days in
which to file a motion in response to a pleading or any
responsive pleading." Local R. 6.1(a).
-- And the stipulation must "affirmatively state the new date
for response agreed to by the parties." Here, the parties
stipulated to an extension not clearly 21 days or fewer:
they agreed to extend the Defendant's "deadline to answer
or file a dispositive motion until fourteen days after a
decision on the class certification motion pending before
the Court in J&R Passmore, LLC v. Rice Drilling D, LLC, No.
2:18-cv-1587."
A copy of the Court's order dated March 3, 2023 is available from
PacerMonitor.com at https://bit.ly/3Jl2tAI at no extra charge.[CC]
ROBERTO COIN: Zinnamon Sues Over Blind-Inaccessible Website
-----------------------------------------------------------
Warren Zinnamon, on behalf of himself and all others similarly
situated v. ROBERTO COIN INC., Case No. 1:23-cv-02203 (S.D.N.Y.,
March 15, 2023), is brought against Defendant for its failure to
design, construct, maintain, and operate its website to be fully
accessible to and independently usable by Plaintiff and other blind
or visually-impaired people.
The Defendant's denial of full and equal access to its website, and
therefore denial of its goods and services offered thereby, is a
violation of Plaintiff's rights under the Americans with
Disabilities Act ("ADA"). Because Defendant's website,
www.robertocoin.com (the "Website"), is not equally accessible to
blind and visually impaired consumers, it violates the ADA. The
Plaintiff seeks a permanent injunction to cause a change in
Defendant's corporate policies, practices, and procedures so that
Defendant's website will become and remain accessible to blind and
visually-impaired consumers, says the complaint.
The Plaintiff is a visually-impaired and legally blind person who
requires screen-reading software to read website content using his
computer.
The Defendant is a company that owns and operates
www.robertocoin.com, offering features which should allow all
consumers to access the goods and services and which Defendant
ensures the delivery of such goods throughout the United States,
including New York State.[BN]
The Plaintiff is represented by:
Mark Rozenberg, Esq.
STEIN SAKS, PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Fax: (201) 282-6501
Email: mrozenberg@steinsakslegal.com
RXO LAST MILE: Sotomayor Sues Over Unpaid Compensations
-------------------------------------------------------
Francisco Sotomayor and Jose Gago, on behalf of themselves and all
others similarly situated v. RXO LAST MILE, INC., Case No.
1:23-cv-02009 (E.D.N.Y., March 15, 2023), is brought on behalf of
current and former New York delivery drivers of RXO, who were
deprived of wages due to them under the New York wage payment laws
in violation of the New York Labor Law ("NYLL").
RXO deducted expenses directly from the Plaintiffs' pay, including
deductions for insurances, damage claims, administrative costs such
as processing fees, and uniforms. Further, RXO compelled Sotomayor
to incur certain expenses which would normally be borne by an
employer, such as for fuel costs, vehicle maintenance costs, and
payments to helpers. The Plaintiffs regularly worked over 40 hours
a week. There were weeks where the Plaintiffs worked full time, but
after paying the deductions and expenses, as well as paying his
helper, Sotomayor earned only a few hundred dollars. As a result,
the Plaintiffs regularly earned less than the applicable minimum
wage. Moreover, the Plaintiffs regularly earned less than one and
one-half times the minimum wage for all hours worked over 40, says
the complaint.
The Plaintiffs worked for RXO as delivery drivers delivering Ikea
merchandise.
RXO is a foreign corporation incorporated under the laws of
Georgia.[BN]
The Plaintiff is represented by:
Troy L. Kessler, Esq.
Garrett Kaske, Esq.
KESSLER MATURA P.C.
534 Broadhollow Road, Suite 275
Melville, NY 11747
Phone: (631) 499-9100
Email: tkessler@kesslermatura.com
gkaske@kesslermatura.com
- and -
Harold L. Lichten, Esq.
Benjamin J. Weber, Esq.
LICHTEN & LISS-RIORDAN, P.C.
729 Boylston Street, Suite 2000
Boston, MA 02116
Phone: (617) 994-5800
Email: hlichten@llrlaw.com
bjweber@llrlaw.com
SAFEWAY INC: Cooper Files Suit in Cal. Super. Ct.
-------------------------------------------------
A class action lawsuit has been filed against Safeway Inc. The case
is styled as Brandyn Cooper, an individual, on behalf of himself
and all others similarly situated v. Safeway Inc., Case No
STK-CV-UOE-2023-0001882 (Cal. Super. Ct., San Joaquin Cty., Feb.
27, 2023).
The case type is stated as "Unlimited Civil Other Employment."
Safeway, Inc. -- https://www.safeway.com/ -- is an American
supermarket chain founded by Marion Barton Skaggs in April 1915 in
American Falls, Idaho.[BN]
SAINT-GOBAIN: Court OKs Filing of Amended Consolidated Complaint
----------------------------------------------------------------
In the class action lawsuit captioned as MICHELE BAKER,
individually and on behalf of all other persons similarly situated,
et al., v. SAINT-GOBAIN PERFORMANCE PLASTICS CORP., et al.,Case No.
1:16-cv-00917-LEK-DJS (N.D.N.Y.),the Hon. Judge Lawrence E. Kahn
entered an order granting the Plaintiffs' cross-motion to file the
proposed third amended master consolidated complaint.
The Plaintiffs may file and serve their amended complaint within 14
days from the date of issuance of this Memorandum-Decision and
Order pursuant to Local Rule 15.1(c), the Court says.
The Court is further ordered, that the Court conditionally
decertifies the Nuisance Damage Class sua sponte pursuant to
Federal Rule of Civil Procedure 23(c)(1)(C), contingent on
Plaintiffs' filing of the Third Amended Master Consolidated
Complaint with the Court.
The Plaintiffs Michele Baker; Charles Carr; Angela Corbett; Pamela
Forrest; Michael Hickey, individually and as parent and natural
guardian of O.H., infant; Kathleen Main-Lingener; Kristin Miller,
as parent and guardian of K.M., infant; Jennifer Plouffe; Silvia
Potter, individually and as parent and natural guardian of C.P.,
infant; and Daniel Schuttig, individually and on behalf of all
others similarly situated, brought a putative class action against
Saint-Gobain Performance Plastics Corp. ("Saint-Gobain"); Honeywell
International, Inc. formerly known as Allied-Signal, Inc.
("Allied-Signal") or AlliedSignal Laminate Systems, Inc.
("AlliedSignal Laminate"); E.I. DuPont de Nemours and Co.
("DuPont"); and 3M Co. ("3M").
After the Court approved a Settlement Agreement between
Saint-Gobain, Honeywell, 3M, and Plaintiffs, DuPont remained the
sole Defendant in this case. On September 30, 2022, the Court
issued a Memorandum-Decision and Order granting Plaintiffs' motion
for class certification.
Accordingly, the Court finds that DuPont has not met its burden of
establishing undue prejudice with regard to the proposed Third
Amended Master Consolidated Complaint.
Saint-Gobain manufactures and distributes plastics.
A copy of the Court's order dated Mar. 7, 2023 is available from
PacerMonitor.com at https://bit.ly/3z62uUJ at no extra charge.[CC]
SAN DIEGO COUNTY, CA: Monzon Labor Suit Removed to S.D. Cal.
------------------------------------------------------------
The case styled KAREN MONZON, ANDREA ZARATTINI, individually and on
behalf of all employees similarly situated, Plaintiffs v. COUNTY OF
SAN DIEGO, DOES 1-10, inclusive, Defendants, Case No.
37-2023-00008195-CU-OE-CTL, was removed from the Superior Court of
the State of California, in and for the County of San Diego,
Central Division, to the United States District Court for the
Southern District of California on March 10, 2023.
The Clerk of Court for the Southern District of California assigned
Case No. 3:23-cv-00445-BEN-WVG to the proceeding.
The Plaintiffs allege that Defendants, and each of them, violated
various provisions of the California Labor Code, relevant orders of
the Industrial Welfare Commission, and also bring a collective
action for Defendants' violations of the provisions of the Fair
Labor Standards Act.
County of San Diego is a county in the southwestern corner of the
U.S. state of California.[BN]
The Defendant is represented by:
Claudia G. Silva, Esq.
Frances Rogers, Esq.
Heather Murray, Esq.
OFFICE OF COUNTY COUNSEL, COUNTY OF SAN DIEGO
1600 Pacific Highway, Room 355
San Diego, CA 92101-2469
Telephone: (619) 531-6219
Facsimile: (619) 531-6005
SAN FRANCISCO BAR: Reed Employment Suit Removed to N.D. Cal.
------------------------------------------------------------
The case styled RAYMOND REED, individually and on behalf of all
others similarly situated, Plaintiff v. THE SAN FRANCISCO BAR
PILOTS; and DOES 1 through 20, inclusive, Defendants, Case No.
3:23-cv-01089, was removed from the Superior Court of the State of
California, County of San Francisco, to the United States District
Court for the Northern District of California on March 10, 2023.
The Clerk of Court for the Northern District of California assigned
Case No. 3:23-cv-01089 to the proceeding.
The Plaintiff alleges one cause of action pursuant to California's
Private Attorney General Act of 2004. The terms and conditions of
Plaintiff's employment with SFBP were governed by collective
bargaining agreements between SFBP and Sailors' Union of the
Pacific. There was one CBA in effect during the PAGA period
(September 12, 2021 to the present), which covered the terms of
Plaintiff's employment during that time. The complaint omits that
Plaintiff was a member of the Union or that a CBA governed his
employment, says the suit.
The San Francisco Bar Pilots is a transportation escort service in
San Francisco, California.[BN]
The Defendant is represented by:
Gregory G. Iskander, Esq.
Cristina L. Piechocki, Esq.
LITTLER MENDELSON, P.C.
Treat Towers
1255 Treat Boulevard Suite 600
Walnut Creek, CA 94597
Telephone: (925) 932-2468
Facsimile: (925) 946-9809
SAVAGE SERVICES: Cisneros Files Suit in Cal. Super. Ct.
-------------------------------------------------------
A class action lawsuit has been filed against Savage Services
Corporation. The case is styled as Giovanni Cisneros, an
individual, on behalf of himself, and on behalf of all persons
similarly situated v. Savage Services Corporation, Case No.
STK-CV-UOE-2023-0002575 (Cal. Super. Ct., San Joaquin Cty., March
16, 2023).
The case type is stated as "Unlimited Civil Other Employment."
Savage Services Corporation -- https://www.savageservices.com/ --
provides transportation services. The Company offers trucking,
supply chain management, material handling, logistics, marine
transportation, toll processing, trans loading, and terminal
operations services.[BN]
The Plaintiff is represented by:
Jean-Claude Lapuyade, Esq.
JCL LAW FIRM, APC
5440 Morehouse Dr., Ste. 3600
San Diego, CA 92121-6720
Phone: 619-599-8292
Fax: 619-599-8291
Email: jlapuyade@jcl-lawfirm.com
SAVOIR BEDS USA: Hernandez Files ADA Suit in S.D. New York
----------------------------------------------------------
A class action lawsuit has been filed against Savoir Beds USA, LLC.
The case is styled as Janelys Hernandez, on behalf of herself and
all others similarly situated v. Savoir Beds USA, LLC, Case No.
1:23-cv-02273 (S.D.N.Y., March 16, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Savoir Beds USA -- https://www.savoirbeds.com/ -- offers handmade
luxury beds and mattresses, bespoke made to order from the finest
natural materials in the UK since 1905.[BN]
The Plaintiff is represented by:
Noor Abou-Saab, I, Esq.
LAW OFFICE OF NOOR A. SAAB
380 North Broadway, Suite 300
Jericho, NY 11753
Phone: (718) 740-5060
Email: noorasaablaw@gmail.com
SCISSORTAIL ENERGY: Filing for Class Cert Bid Due Jan. 26, 2024
---------------------------------------------------------------
In the class action lawsuit captioned as MARVIN B. DINSMORE, et
al., on behalf of themselves and all others similarly situated,
v. SCISSORTAIL ENERGY, LLC., Case No. 6:22-cv-00352-GLJ (E.D.
Okla.), the Hon. Judge Gerald L. Jackson entered a scheduling order
to govern the parties' actions in the case until a ruling on the
Plaintiff's motion for class certification:
Motions for leave to amend or add May 24, 2023
additional parties
Documents previously produced by Dec. 18, 2023
parties shall be deemed authenticated
except as to those objected to
Class Certification Motion filed with Jan. 26, 2024
all supporting evidence, including
expert disclosures
Class Certification Response filed Mar. 26, 2024
with all supporting evidence, including
expert disclosures
Class Certification Reply filed with Apr. 26, 2024
any rebuttal evidence, including
rebuttal expert disclosures, if any
Class Certification Discovery Cutoff Apr. 26, 2024
ScissorTail is a company that operates in the Oil & Energy
industry.
A copy of the Court's order dated March 6, 2023 is available from
PacerMonitor.com at https://bit.ly/3mXQgdE at no extra charge.[CC]
SCVRH LLC: Court Certifies Employee Class in Garrett Suit
---------------------------------------------------------
In the class action lawsuit captioned as Stephanie Garrett, v.
SCVRH LLC, Case No. 4:22-cv-00358-RCC (D. Ariz.), the Hon. Judge
Ranner Collins entered an order:
1) granting the Plaintiff's Motion for Class Certification
and Related Relief.
2) certifying class comprised of:
Plaintiff and other similarly situated former employees
who
(i) worked at Santa Cruz Valley Regional Hospital;
(ii) were terminated without cause on July 22,15 2022,
or within 90 days before or after July 22, 2022,
as part of, or as the result of, a mass layoff or
closing;
(iii) are affected employees within the meaning of 29
U.S.C. section 2101(a)(5); and
(iv) have not filed a timely request to opt-out of the
class.
3) appointing Rene S. Roupinian of RaisnerRoupinian LLP as
Class Counsel.
4) approving Notice to the Class. The Notice is found to
constitute sufficient notice to all Class members in
compliance with the notice requirements of Fed. R. Civ. P.
23.
A copy of the Court's order dated March 3, 2023 is available from
PacerMonitor.com at https://bit.ly/3LwNq9I at no extra charge.[CC]
SHARP HOLDING: King Seeks Conditional FLSA Collective Cert.
-----------------------------------------------------------
In the class action lawsuit captioned as RHONDA KING, on behalf of
herself and all others similarly situated, v. SHARP HOLDING, INC.,
ROBERT SHARP, and DOE the Defendants 1-10, Case No.
1:22-cv-00728-PTG-JFA (E.D. Va.), the Plaintiff asks the Court to
enter an order granting:
(i) Certification of the proposed Class pursuant to Fed. R.
Civ. P. 23;
(ii) Conditional Collective Certification pursuant to the
Fair Labor Standards Act;
(iii) issuance of Notice to all members of the putative
Collective Class in accordance with Hoffman-La Roche v.
Sperling, 493 U.S. 165 (1989) and issuance of Notice to
all members of any certified Rule 23 Class, and
(iv) the production of relevant information to effectuate
notice.
A copy of the the Plaintiff's motion dated March 2, 2023 is
available from PacerMonitor.com at https://bit.ly/3YEqMPL at no
extra charge.[CC]
The Plaintiff is represented by:
Steven T. Webster, Esq.
WEBSTER BOOK LLP
300 N. Washington Street, Suite 404
Alexandria, VA 22314
Telephone: (888) 987-9991
Facsimile: (888) 987-9991
E-mail: swebster@websterbook.co
- and -
Gerald D. Wells, III, Esq.
Robert J. Gray, Esq.
CONNOLLY WELLS & GRAY, LLP
101 Lindenwood Drive, Suite 225
Malvern, PA 19355
Telephone: (610) 822-3700
Facsimile: (610) 822-3800
E-mail: gwells@cwglaw.com
rgray@cwglaw.com
SHINOLA/DETROIT LLC: Black Files ADA Suit in E.D. New York
----------------------------------------------------------
A class action lawsuit has been filed against Shinola/Detroit, LLC.
The case is styled as Jahron Black, on behalf of himself and all
others similarly situated v. Shinola/Detroit, LLC, Case No.
1:23-cv-02049 (E.D.N.Y., March 16, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Shinola/Detroit, LLC -- https://www.shinola.com/ -- retails
discretionary products. The Company offers men's and women's bags,
watches, straps, jewelry, bicycles, and gifts, as well as provides
online services.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
14749 71st Ave.
Flushing, NY 11367
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
SIGNATURE BANK: Schaeffer Sues Over Exchange Act Violation
----------------------------------------------------------
Matthew Schaeffer, Individually and on behalf of all others
similarly situated v. SIGNATURE BANK, JOSEPH DEPAOLO, STEPHEN
WYREMSKI, and ERIC HOWELL, Case No. 1:23-cv-01921 (E.D.N.Y., March
14, 2023), is brought on behalf of persons or entities who
purchased or otherwise acquired publicly traded Signature Bank
securities between March 2, 2023 and March 12, 2023, inclusive (the
"Class Period"), including those who purchase the Signature Bank
call options and/or sold put options during the Class Period, and
to recover compensable damages caused by the Defendant's violations
of the federal securities laws under the Securities Exchange Act of
1934 (the "Exchange Act").
On March 2, 2023, the Company issued a press release linking to a
presentation that gave a Mid-Quarter Financial Update (the "March 2
Update"). The March 2 Update was uploaded to the Company's website.
In pertinent part, this presentation stated that "the average
balance quarter-to-date is $88.79 billion, which is higher than the
December 31, 2022 balance of $88.59 billion, and lower than the
fourth quarter 2022 quarter-to-date average balance of $98.6
billion."
Further, the presentation stated that "deposits have increased $682
million thus far this quarter, excluding digital asset client
related balances" and "the decrease in deposit balances this
quarter has been driven by the deliberate decline in digital asset
client related deposits of $1.51 billion, as the Bank continues to
reduce the size of deposit relationships in this space."
Then, on March 9, 2023, the Company issued a Press Release entitled
"Signature Bank Issues Updated Financial Figures as of March 8,
2023; Reiterates Strong Financial Position and Limited
Digital-Asset Related Deposit Balances in Wake of Industry
Developments." (the "March 9 Update"). The March 9 Update was
intended to calm investors and depositors in the wake of chaos in
the banking sector, such as the collapse of Silicon Valley Bank.
The March 9 Update overstated the Company's market position, given
that just a few days later, it was shut down by the New York
Department of Financial Services ("DFS").
The statements contained materially false and/or misleading because
they misrepresented and failed to disclose the following adverse
facts pertaining to the Company's business, operations, and
prospects, which were known to Defendants or recklessly disregarded
by them. Specifically, Defendants made false and/or misleading
statements and/or failed to disclose that: Signature Bank did not
have the strong fundamentals that it represented itself as having
in the days immediately prior to its takeover, or otherwise took
action that left it susceptible to a takeover by the New York
Department of Financial Services ("DFS"); as a result, it became a
target for regulatory action by the DFS, and as a result,
Defendants' public statements were materially false and/or
misleading at all relevant times.
On Sunday March 12, 2023, the DFS announced that, in order to
protect depositors and pursuant to Section 606 of New York Banking
Law, DFS had taken possession of Signature Bank. DFS further stated
that it was "in close contact with all regulated entities in light
of market events, monitoring market trends, and collaborating
closely with other state and federal regulators to protect
consumers, ensure the health of the entities we regulate, and
preserve the stability of the global financial system." On March
12, 2023, trading in the Company's shares were halted and remain
halted as of the filing of this action, essentially rendering the
Company's shares illiquid and valueless-given the bank's failure.
As a result of Defendants' wrongful acts and omissions, and the
precipitous decline in the market value of the Company's common
shares, Plaintiff and the other Class members have suffered
significant losses and damages, says the complaint.
The Plaintiff purchased Signature Bank securities during the Class
Period.
Signature Bank purports to be a New York-based full-service
commercial bank with 40 private client offices located throughout
the metropolitan New York area, as well as those in Connecticut,
California, Nevada and North Carolina.[BN]
The Plaintiff is represented by:
Phillip Kim, Esq.
Laurence M. Rosen, Esq.
THE ROSEN LAW FIRM, P.A.
275 Madison Avenue, 40th Floor
New York, NY 10016
Phone: (212) 686-1060
Fax: (212) 202-3827
Email: pkim@rosenlegal.com
lrosen@rosenlegal.com
SIGNATURE FLIGHT: Filing for Class Cert Bid Extended to Sept. 11
----------------------------------------------------------------
In the class action lawsuit captioned as DENNIS HERRERA, as an
individual and on behalf of all others similarly situated, v.
SIGNATURE FLIGHT SUPPORT LLC, a Delaware limited company; and DOES
1 to 100, inclusive, Case No. 2:22-cv-03082-SSS-AGR (C.D. Cal.),
the Hon. Judge Sunshine S. Sykes entered an order:
1. granting joint stipulation continuing plaintiff's deadline
to file certification motion and related dates;
2. continuing the Plaintiff's deadline to complete class
certification discovery to August 14, 2023;
3. continuing Plaintiff's deadline to file his motion for
class certification to September 11, 2023;
4. continuing Defendant's deadline to file its opposition to
Plaintiff's motion for class certification is continued to
October 9, 2023;
5. continuing the Plaintiff's deadline to file his reply to
his motion for class certification is continued to
November 6, 2023; and
6. continuing the hearing for Plaintiff's class certification
motion is continued to December 1, 2023 at 2:00 p.m.
Signature Flight provides flight support and aftermarket services
and systems.
A copy of the Court's order dated Mar. 7, 2023 is available from
PacerMonitor.com at https://bit.ly/3JLWkiA at no extra charge.[CC]
The Plaintiff is represented by:
Michael R. Crosner, Esq.
Zachary M. Crosner, Esq.
Sepideh Ardestani, Esq.
CROSNER LEGAL, PC
9440 Santa Monica Blvd., Ste. 301
Beverly Hills, CA 90210
Telephone: (310) 496-5818
Facsimile: (310) 510-6429
E-mail: mike@crosnerlegal.com
zach@crosnerlegal.com
sepideh@crosnerlegal.com
The Defendant is represented by:
David L. Cheng, Esq.
Grace K. Kim, Esq.
FORD & HARRISON LLP
350 South Grand Avenue, Suite 2300
Los Angeles, CA 90071
Telephone: (213) 237-2400
Facsimile: (213) 237-2401
E-mail: dcheng@fordharrison.com
gkim@fordharrison.com
SIMPLY AUTHENTIC: Campbell Files ADA Suit in S.D. New York
----------------------------------------------------------
A class action lawsuit has been filed against Simply Authentic,
LLC. The case is styled as Jovan Campbell, on behalf of herself and
all others similarly situated v. Simply Authentic, LLC, Case No.
1:23-cv-02147 (S.D.N.Y., March 14, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Simply Authentic, LLC is a bakery located in Dublin, Ohio.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
10826 64th Avenue, Ste. 2nd Floor
Forest Hills, NY 11375
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
SKIN SPA: Hwang Files ADA Suit in E.D. New York
-----------------------------------------------
A class action lawsuit has been filed against The Skin Spa -
Midtown, LLC. The case is styled as Jenny Hwang, on behalf of
herself and all others similarly situated v. The Skin Spa -
Midtown, LLC, Case No. 1:23-cv-01933 (E.D.N.Y., March 14, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
The Skin Spa - Midtown, LLC --
https://skinspanewyork.com/pages/midtown-spa -- is a skin care
clinic in New York City.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
14749 71st Ave.
Flushing, NY 11367
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
SORRENTO THERAPEUTICS: Continues to Defend Wasa Securities Suit
---------------------------------------------------------------
Sorrento Therapeutics Inc. disclosed in its Form 10-K Report for
the fiscal period ending December 31, 2022 filed with the
Securities and Exchange Commission on March 16, 2023, that the
Company continues to defend itself from the Wasa federal securities
class suit.
Wasa Medical Holdings filed a putative federal securities class
action against the Company, its President, Chief Executive Officer
and Chairman of the Board of Directors, Henry Ji, Ph.D., and its
SVP of Regulatory Affairs, Mark R. Brunswick, Ph.D., alleging that
the Company, Dr. Ji and Dr. Brunswick made materially false and/or
misleading statements to the investing public regarding STI-1499
and its ability to inhibit the SARS-CoV-2 virus infection (the
"Wasa Matter").
A second putative federal securities class action was filed in the
U.S. District Court for the Southern District of California against
the same defendants alleging the same claims and seeking the same
relief, which matter was consolidated by the U.S. District Court
for the Southern District of California with the Wasa Matter (the
"Consolidated Matter").
On June 3, 2022, judgment was entered in the favor of defendants in
the Consolidated Matter.
Plaintiff in the Consolidated Matter appealed the judgment in late
June 2022 and filed its opening appellate brief in October 2022.
The defendants in the Consolidated Matter, as appellees, filed
their answering brief in December 2022, and the appellant filed a
response in January 2023.
The Consolidated Matter is still pending.
In general, claims made by or against the Company in disputes and
other legal or regulatory proceedings can be expensive and time
consuming to bring or defend against, requiring the Company to
expend significant resources and divert the efforts and attention
of its management and other personnel from its business operations.
While the Company intends to pursue any claims made by the Company,
or defend against any claims brought against the Company,
vigorously, it cannot predict the outcomes of such claims.
Sorrento Therapeutics, Inc., is a biopharmaceutical company. The
Company is engaged in the discovery, acquisition, development and
commercialization of drug therapeutics. Its primary focus is to
transform cancer into a treatable or chronically manageable
disease. It is also developing therapeutic products for other
indications, including immunology and infectious diseases. The
company is based in San Diego, California.
ST. CAMILLUS: Class Collective Cert. Bid Must be Filed by August 7
------------------------------------------------------------------
In the class action lawsuit captioned as Laskowski v. St. Camillus
Nursing Home Company, Inc. et al, Case No. 5:22-cv-00799-DNH-TWD
(N.D.N.Y.), the Hon. Judge Therese Wiley Dancks entered an uniform
pretrial scheduling order as follows:
-- The deadlines set in this scheduling order supersede the
deadlines set forth in fed. r. civ. p.26(a)(3) and are firm
and will not be extended, even by stipulation of the
parties, absent good cause. see fed. r. civ. p. 16(b).
-- Venue motions are to be filed within sixty (60) days of the
date of this Order following the procedures set forth in
Local Rule 7.1 (b)(2) and are to be made returnable before
the assigned Magistrate Judge.
-- Jurisdiction motions are to be filed within 60 days of the
date of this Order following the procedures set forth in
Local Rule 7.1 (b)(1) (unless a party who is not an
attorney is appearing pro se, in which case L.R. 7.1 (b)(2)
should be followed) and are to be made returnable before
Judge Hurd.
-- Joinder of parties: Any application to join any person as a
party to this action shall be made on or before Aug. 25,
2023.
-- Amendment of pleadings: Any application to amend any
pleading in this action shall be made on or before
Aug. 25, 2023.
-- Discovery:
-- Rule 33 and 34 Requests to be served by March 31, 2023.
-- Class Collective Certification Motion to be filed by
Aug. 7, 2023.
-- Class Discovery to be completed by Sept. 6, 2023.
-- Class Discovery Motions due Sept. 13, 2023.
-- Class Certification Motion due Sept. 29, 2023.
-- Settlement Conference: A settlement conference may be
scheduled at the Court's direction or by the request of
counsel at any time.
-- Assessment of juror costs: The parties are advised that
pursuant to Local Rule 47.3, whenever any civil action
scheduled for a jury trial is postponed, settled, or
otherwise disposed of in advance of the actual trial, then,
except for good cause shown, all juror costs, including
Marshal's fees, mileage, and per diem, shall be assessed
against the parties and/or their counsel as directed by the
Court, unless the Court and the Clerk's Office are notified
at least one full business day prior to the day on which
the action is scheduled for trial in time to advise the
jurors that it will be unnecessary for them to attend.
A copy of the Court's order dated March 8, 2023 is available from
PacerMonitor.com at https://bit.ly/3Z5DFCx at no extra charge.[CC]
ST. CROIX OF PARK: Toro Files ADA Suit in S.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against St. Croix of Park
Falls, Ltd. The case is styled as Andrew Toro, on behalf of himself
and all others similarly situated v. St. Croix of Park Falls, Ltd.,
Case No. 1:23-cv-02270 (S.D.N.Y., March 16, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
St. Croix of Park Falls, Ltd. -- https://stcroixrods.com/ -- offers
premium quality casting, spinning, saltwater, ice fishing, and fly
rods made in the USA with care and dedication.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
10826 64th Avenue, Ste. 2nd Floor
Forest Hills, NY 11375
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
STANDARD BIOTOOLS: Court Junks Securities Class Suit
----------------------------------------------------
Standard Biotools Inc. disclosed in its Form 10-K Report for the
fiscal period ending December 31, 2022 filed with the Securities
and Exchange Commission on March 14, 2023, that the Circuit Court
granted the motion to dismiss bid of defendants in the securities
class suit on February 23, 2023.
In September 2020, a putative class action complaint alleging
violations of the federal securities laws was filed against the
Company (also naming our Chief Financial Officer and our former
Chief Executive Officer as defendants) in the U.S. District Court
for the Northern District of California (Reena Saintjermain, et al.
v. Fluidigm Corporation, et al).
The Court appointed a lead plaintiff and lead counsel in December
2020, and an amended complaint was filed on February 19, 2021.
The complaint, as amended, seeks unspecified damages on behalf of a
purported class of persons and entities who acquired our common
stock between February 7, 2019 and November 5, 2019 and alleges
securities laws violations based on statements and alleged
omissions made by the Company during such period.
The Company filed a motion to dismiss the complaint on April 5,
2021 and, on August 4, 2021, the Court granted defendants' motion
to dismiss with leave to amend.
A second amended complaint was filed on September 14, 2021.
The Company filed a motion to dismiss the second amended complaint
on October 29, 2021 and, on February 14, 2022, the Court granted
defendants' motion and dismissed the second amended complaint with
prejudice.
On March 15, 2022, the lead plaintiff filed a notice of appeal of
the District Court's decision.
Following the Circuit Court appellate hearing on February 6, 2023,
the Circuit Court granted defendants' motion to dismiss on February
21, 2023.
Standard Biotools Inc. develops, manufactures and sells
technologies that help biomedical researchers in their search for
developing medicines faster and better. The tools provide insights
in health and disease using our proprietary mass cytometry and
microfluidics technologies, which serve applications in proteomics
and genomics, respectively.
STEPHENS INSTITUTE: Nguyen Seeks to Certify Class of Students
-------------------------------------------------------------
In the class action lawsuit captioned as DUY NGUYEN, v. STEPHENS
INSTITUTE D/B/A ACADEMY OF ART UNIVERSITY; and other affiliated
entities and individuals, Case No. 4:20-cv-04195-JSW (N.D. Cal.),
the Plaintiff Duy Nguyen asks the Court to enter an order
certifying a class of:
"All students enrolled at the Academy of Art University
during the Spring 2020 semester who
(i) were registered for at least one on-site course, and
(ii) who paid tuition and/or fees, or on whose behalf
tuition and fees were paid;"
Excluded from the Class are the Defendant, including its
corporate affiliates, parents, or 12 subsidiaries; the
Defendant's employees, including officers and directors; and
the Judge to which this case is assigned.
The Plaintiff also seeks his appointment as the Class
Representative, and the appointment of The Sultzer Law Group, P.C.,
Leeds Brown Law, P.C., Shoop, A Professional Corporation and Charon
Law as Class Counsel.
Stephens Institute offers degrees in both undergraduate and
graduate level curriculum.
A copy of the the Plaintiff's motion to certify class dated March
6, 2023 is available from PacerMonitor.com at
https://bit.ly/3LJeS4z at no extra charge.[CC]
The Plaintiff is represented by:
David R. Shoop, Esq.
Thomas S. Alch, Esq.
SHOOP | A PROFESSIONAL LAW
CORPORATION
9701 Wilshire Blvd., Suite 950
Beverly Hills, CA 90212
Telephone: (310) 620-9533
Facsimile: (310) 620-6330
E-mail: David.shoop@shooplaw.com
Thomas.alch@shooplaw.com
- and -
Michael A. Tompkins, Esq.
Brett R. Cohen, Esq.
Anthony Alesandro, Esq.
LEEDS BROWN LAW, P.C.
One Old Country Road, Suite 347
Carle Place, NY 11514
Telephone: (516) 873-9550
E-mail: mtompkins@leedsbrownlaw.com
bcohen@leedsbrownlaw.com
aalesandro@leedsbrownlaw.com
- and -
Jason P. Sultzer, Esq.
Mindy Dolgoff, Esq.
THE SULTZER LAW GROUP P.C.
85 Civic Center Plaza, Suite 200
Poughkeepsie, NY 12601
Telephone: (845) 483-7100
Facsimile: (888) 749-7747
E-mail: sultzerj@thesultzerlawgroup.com
dolgoffm@thesultzerlawgroup.com
- and -
Perry L. Segal, Esq.
CHARON LAW
303 Twin Dolphin Drive, Suite 600
Redwood City, CA 94065
Telephone: (650) 542-7935
E-mail: perry.segal@charonlaw.com
STORRS INSURANCE: Melgren Files TCPA Suit in E.D. Washington
------------------------------------------------------------
A class action lawsuit has been filed against Storrs Insurance
Group, Inc. The case is styled as David Melgren, on behalf of
himself and all others similarly situated v. Storrs Insurance
Group, Inc. doing business as: The Insurance Store, Case No.
2:23-cv-00064 (E.D. Wash., March 10, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Storrs Insurance Group, Inc. doing business as The Insurance Store
-- https://www.tisteam.com/ -- is an independent agency licensed in
48 states that specializes in commercial trucking, business, and
personal insurance.[BN]
The Plaintiff is represented by:
Samuel J. Strauss, Esq.
TURKE & STRAUSS LLP
936 North 34th Street, Suite 300
Seattle, WA 98103
Phone: (608) 237-1775
Email: sam@turkestrauss.com
STUPP BROS: June 5 Extension to File Conditional Class Cert Sought
------------------------------------------------------------------
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 file a joint motion
to extend the deadline to file for conditional class certification
and issue notice to prospective class members by an additional 90
days, until June 5, 2023.
The Parties previously informed the Court that they were waiting
for a decision in an appeal pending in the United States Court of
Appeals for the Fifth Circuit in which the WARN Act's natural
disaster exemption was at issue, Easom v. US Well Services, No.
21-20202, and that once that decision was issued, they would engage
in discussions regarding potential resolution of
this matter.
After the Easom decision was issued, the parties participated in a
mediation in December 2022 with retired Judge William Morvant.
While that mediation did not result in resolution, the parties
believe that their discussions have moved the case closer to a
resolution and the parties continue their discussions in earnest.
The Defendant Stupp recently issued severance payments to certain
individuals who would be included in the putative class. The
parties are evaluating the effect of those payments on the putative
class's claims, along with the potential addition/substitution of
one or more plaintiffs to serve as representative(s) of the
putative class.
Stupp Bros. is a privately-owned company focused on providing
infrastructure development in the United States as well as serving
the St. Louis market.
A copy of the Court's order dated Mar. 7, 2023 is available from
PacerMonitor.com at https://bit.ly/3To1OTG at no extra charge.[CC]
SUMMIT UTILITIES: Weyrens Suit removed to E.D. Arkansas
-------------------------------------------------------
The case styled as Robert Weyrens, Beau Roberson, for themselves
and all other Arkansas citizens similarly situated v. Summit
Utilities Inc., Summit Utilities Arkansas Inc., Case No.
60CV-23-01571 was removed from the Pulaski County Circuit Court, to
the U.S. District Court for the Eastern District of Arkansas on
March 13, 2023.
The District Court Clerk assigned Case No. 4:23-cv-00193-BSM to the
proceeding.
The nature of suit is stated Other Contract for Declaratory
Judgement.
Summit Utilities Inc. -- https://www.summitutilitiesinc.com/ --
owns natural gas distribution and transmission subsidiaries.[BN]
The Plaintiff is represented by:
James Clark Wyly, Esq.
Sean Fletcher Rommel, Esq.
WYLY~ROMMEL, PLLC
4004 Texas Boulevard
Texarkana, TX 75503
Phone: (903) 334-8646
Fax: (903) 334-8645
Email: jwyly@wylyrommel.com
srommel@wylyrommel.com
- and -
Philip Daniel Holland, Esq.
Scott E. Poynter, Esq.
POYNTER LAW GROUP
407 President Clinton Avenue, Suite 201
Little Rock, AR 72201
Phone: (501) 317-5536
Email: daniel@poynterlawgroup.com
scott@poynterlawgroup.com
The Defendant is represented by:
Katherine Church Campbell, Esq.
Marshall S. Ney, Esq.
FRIDAY, ELDREDGE & CLARK, LLP
3350 South Pinnacle Hills Parkway, Suite 301
Rogers, AR 72758
Phone: (479) 695-6040
Email: kcampbell@fridayfirm.com
mney@fridayfirm.com
- and -
Kevin A. Crass, Esq.
FRIDAY, ELDREDGE & CLARK, LLP
Regions Center, Suite 2000
400 West Capitol Avenue
Little Rock, AR 72201-3522
Phone: (501) 370-1592
Email: crass@fridayfirm.com
SUNLIGHT FINANCIAL: Rosen Law Named Lead Counsel in Fung Class Suit
-------------------------------------------------------------------
In the case, KATHIE FUNG, Individually and On Behalf of All Others
Similarly Situated, Plaintiff v. SUNLIGHT FINANCIAL HOLDINGS INC.
f/k/a SPARTAN ACQUISITION CORP. II, GEOFFREY STRONG, MATTHEW
POTERE, JAMES CROSSEN, BARRY EDINBURG, and RODNEY YODER,
Defendants, Case No. 1:22-cv-10658-AKH (S.D.N.Y.), Judge Alvin K.
Hellerstein of the U.S. District Court for the Southern District of
New York appoints Plaintiff Matthew Millunchick as the Lead
Plaintiff and The Rosen Law Firm, P.A., as the Lead Counsel.
The securities class action was filed against the Defendants
alleging violations of the federal securities laws.
Pursuant to the Private Securities Litigation Reform Act of 1995
("PSLRA"), 15 U.S.C. section 78u-4(a)(3)(A)(i), on Dec. 16, 2022, a
notice was issued to potential class members of the action
informing them of their right to move to serve as lead plaintiff
within 60 days of the date of the issuance of said notice.
On Feb. 14, 2023, Movant Millunchick timely moved the Court to
appoint him as the Lead Plaintiff, and to approve his selection of
Rosen Law as the Lead Counsel.
Judge Hellerstein finds that the Movant has the largest financial
interest in the action and prima facie satisfies the typicality and
adequacy requirements of Fed. R. Civ. P. 23. See 15 U.S.C. Section
78u-4(a)(3)(B)(iii)(I). Pursuant to Section 21D(a)(3)(B) of the
Exchange Act, he appoints the Movant as the Lead Plaintiff and
Rosen Law as the Lead Counsel. The Lead Counsel, after being
appointed by the Court, will manage the prosecution of the
litigation.
For the reasons stated, Judge Hellerstein denies motions to appoint
Mike Margent and Jana Keaton as lead plaintiffs. The Clerk of the
Court will terminate the open motions at ECF Nos. 9, 14. The motion
to appoint Elizabeth Toreres as lead plaintiff was previously
denied for the reasons identified at ECF No. 29.
A full-text copy of the Court's March 7, 2023 Order is available at
https://tinyurl.com/3b6bph56 from Leagle.com.
SVB FINANCIAL: Snook Sues Over Exchange Act Violation
-----------------------------------------------------
Elliot Snook, individually and on behalf of all others similarly
situated v. SVB FINANCIAL GROUP, GREG W. BECKER, and DANIEL J.
BECK, Case No. 3:23-cv-01173 (N.D. Cal., March 15, 2023), is
brought on behalf of persons and entities that purchased or
otherwise acquired SVB securities between June 16, 2021 and March
10, 2023, inclusive (the "Class Period"), and pursues claims
against the Defendants under the Securities Exchange Act of 1934
(the "Exchange Act").
For reporting purposes, SVB has four reporting segments: Silicon
Valley Bank (the "Bank"), SVB Private, SVB Capital, and SVB
Securities. The Bank primarily services clients in the technology
and life science/healthcare industries, as well as global private
equity and venture capital clients. On March 8, 2023, SVB announced
that it intends to raise more than $2 billion through offerings of
common stock and depositary shares and that it had sold
approximately $21 billion of its available-for-sale securities,
which will result in an after-tax loss of roughly $1.8 billion in
the first quarter of 2023. The Company had taken these actions to
"strengthen its financial position" after "client cash burn
remained elevated and increased further in February, resulting in
lower deposits than forecasted." On this news, the Company's common
share price fell $161.79, or 60.4%, to close at $106.04 per share
on March 9, 2023, thereby injuring investors.
On March 9, 2023, Media outlets reported that various venture
capital funds had advised their portfolio companies to pull their
money out of SVB accounts. In a single day, investors and
depositors attempted to pull $42 billion from the Bank. The run
pushed the Bank into insolvency and the Bank was placed into
Federal Deposit Insurance Corporation ("FDIC") receivership on
March 10, 2023.
It quickly emerged that SVB's collapse was due in part to rapidly
rising interest rates. Since 2021, SVB invested substantially in
U.S. Treasuries and other government-sponsored debt securities. The
Federal Reserve's interest rate increases "battered the tech
startups and venture capital firms Silicon Valley Bank serves,
sparking a faster-than-expected decline in deposits that continues
to gain steam," according to media outlets. Trading of the
Company's stock had been halted before the market opened on March
10, 2023, at which point it had already fallen 34% from the prior
day's closing price during pre market trading. As of the filing of
the complaint, trading remains halted.
The Defendants 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,
Defendants failed to disclose to investors: that rising interest
rates were negatively impacting the Company's investments in bonds;
that, because the Company's clients were highly concentrated in the
areas of tech startups and venture capital-backed companies, SVB
was facing unique liquidity risks in an environment with high
interest rates; that, as a result of the foregoing, SVB was
reasonably likely to require additional capital; and that, as a
result of the foregoing, Defendant's positive statements about the
Company's business, operations, and prospects were materially
misleading and/or lacked a reasonable basis, says the complaint.
The Plaintiff purchased SVB securities during the Class Period.
SVB is a bank holding company and financial holding company.[BN]
The Plaintiff is represented by:
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
Phone: (310) 201-9150
Facsimile: (310) 201-9160
Email: rprongay@glancylaw.com
clinehan@glancylaw.com
prajesh@glancylaw.com
SYNGENTA CORP: H & R Farms Antitrust Suit Transferred to M.D.N.C.
-----------------------------------------------------------------
The case styled H & R FARMS II, on its own behalf and on behalf of
all others similarly situated, Plaintiff v. CLASS ACTION SYNGENTA
CORPORATION, SYNGENTA CROP PROTECTION, LLC, SYNGENTA CROP
PROTECTION AG, CORTEVA, INC., BASF SE, BASF CORP., and BASF
AGRICULTURAL PRODUCTS GROUP, Case No. 6:23-cv-00249, was
transferred from the United States District Court for the Western
District of Louisiana to the United States District Court for the
Middle District of North Carolina on March 10, 2023.
The Clerk of Court for the Middle District of North Carolina
assigned Case No. 1:23-cv-00213-TDS-JEP to the proceeding.
The Plaintiff seeks to recover damages in the form of overcharges
incurred due to Defendants' violations of the antitrust laws in the
markets for certain pesticides. The Defendants engaged in
conspiracies with distributors to illegally extend and maintain
their respective monopolies with respect to certain crop protection
products by entering into loyalty programs to delay generic
competition, in violation of Sections 1 and 2 of the Sherman Act,
says the Plaintiff.
Syngenta Corp. provides crop protection chemical products and
agricultural services.[BN]
The Plaintiff is represented by:
Warren T. Burns, Esq.
BURNS CHAREST
900 Jackson St Ste 500
Dallas, TX 75202
Telephone: (469) 904-4550
E-mail: wburns@burnscharest.com
- and -
Amanda Kate Klevorn, Esq.
Hannah Quicksell, Esq.
Korey Arthur Nelson, Esq.
Kyle Kilpatrick Oxford, Esq.
BURNS CHAREST
365 Canal St Ste 1170
New Orleans, LA 70130
Telephone: (504) 799-2845
Facsimile: (504) 881-1765
E-mail: aklevorn@burnscharest.com
hquicksell@burnscharest.com
knelson@burnscharest.com
koxford@burnscharest.com
SYNGENTA CORP: Teche Farm Antitrust Suit Transferred to M.D.N.C.
----------------------------------------------------------------
The case styled TECHE FARM SUPPLIES, on its own behalf and on
behalf of all others similarly situated, Plaintiff v. SYNGENTA
CORPORATION, SYNGENTA CROP PROTECTION, LLC, SYNGENTA CROP
PROTECTION AG, CORTEVA, INC., BASF SE, BASF CORP., and BASF
AGRICULTURAL PRODUCTS GROUP, Defendants, Case No. 6:23-cv-00267,
was transferred from the United States District Court for the
Western District of Louisiana to the United States District Court
for the Middle District of North Carolina on March 10, 2023.
The Clerk of Court for the Middle District of North Carolina
assigned Case No. 1:23-cv-00214-TDS-JEP to the proceeding.
The Plaintiff seeks to recover damages in the form of overcharges
incurred due to Defendants' violations of the antitrust laws in the
markets for certain pesticides. The Defendants engaged in
conspiracies with distributors to illegally extend and maintain
their respective monopolies with respect to certain crop protection
products by entering into loyalty programs to delay generic
competition, in violation of Sections 1 and 2 of the Sherman Act,
says the Plaintiff.
Syngenta Corp. provides crop protection chemical products and
agricultural services.[BN]
The Plaintiff is represented by:
Korey Arthur Nelson, Esq.
AMANDA KATE KLEVORN, Esq.
Hannah Quicksell, Esq.
Kyle Kilpatrick Oxford, Esq.
BURNS CHAREST
365 Canal St Ste 1170
New Orleans, LA 70130
Telephone: (504) 799-2845
Facsimile: (504) 881-1765
E-mail: knelson@burnscharest.com
aklevorn@burnscharest.com
hquicksell@burnscharest.com
koxford@burnscharest.com
TCP HOT: Delcid Seeks Final Approval of Class Settlement
--------------------------------------------------------
In the class action lawsuit captioned as OTTO DELCID, LUZ ROMAN,
MINA KALLAMNI, MARY MOLINA, CARLO GARCIA, and ANDREA FAHEY on
behalf of themselves and all others similarly situated, v. TCP HOT
ACQUISITION LLC and IDELLE LABS, LTD, Case No. 1:21-cv-09616-DLC
(S.D.N.Y.), the Plaintiffs ask the Court to enter an order:
(1) confirming his appointment as the class representative
for the Class;
(2) confirming appointment of Class Counsel;
(3) confirming and making final the Court's certification of
the Class for settlement purposes only; and
(4) granting final approval of the Settlement.
A copy of the Court's order dated March 8, 2023 is available from
PacerMonitor.com at https://bit.ly/3yO3yw8 at no extra charge.[CC]
The Plaintiffs are represented by:
Jason P. Sultzer, Esq.
Philip Furia, Esq.
Mindy Dolgoff, Esq.
THE SULTZER LAW GROUP, P.C.
85 Civic Center Plaza, Suite 200
Poughkeepsie, NY 12601
Telephone: (845) 483-7100
Facsimile: (888) 749-7747
E-mail: sultzerj@thesultzerlawgroup.com
furiap@thesultzerlawgroup.com
dolgoffm@thesultzerlawgroup.com
- and -
Charles E. Schaffer, Esq.*
David C. Magagna Jr., Esq.*
LEVIN SEDRAN & BERMAN
510 Walnut Street, Suite 500
Philadelphia, PA 19106
Telephone: (215) 592-1500
Facsimile: (215) 592-4663
E-mail: cschaffer@lfsblaw.com
dmagagna@lfsblaw.com
- and -
Max S. Roberts, Esq.
Sarah N. Westcot, Esq.*
BURSOR & FISHER, P.A.
888 Seventh Avenue
New York, NY 10019
Telephone: (646) 837-7150
Facsimile: (212) 989-9163
E-mail: mroberts@bursor.com
swestcot@bursor.com
- and -
Nick Suciu, III, Esq.
Jennifer Czeisler, Esq.
Virginia Ann Whitener, Esq.
Russell Busch, Esq.
MILBERG COLEMAN BRYSON
PHILLIPS GROSSMAN PLLC
6905 Telegraph Rd., Suite 115
Bloomfield Hills, MI 48301
Telephone: (313) 303-3472
Facsimile: (865) 522-0049
E-mail: nsuciu@milberg.com
jczeisler@milberg.com
gwhitener@milberg.com
rbusch@milberg.com
TD BANK: Filing of Class Certification Bid Due April 26
-------------------------------------------------------
In the class action lawsuit captioned as KYLE BURNS, RUBY HAYES,
JASMINE NORVILLE, and LISA RODRIGUEZ, on behalf of themselves and
all others similarly situated, v. TD BANK, N.A., Case No.
1:21-cv-18194-KMW-AMD (D.N.J.), the Hon. Judge Ann Marie Donio
entered an order as follows:
1. The time within which to file a motion to amend the
pleadings or a motion to join new parties will expire on
June 2, 2023.
2. The Court will conduct a telephone status conference
on June 13, 2023 at 2:30 P.M.
3. Pretrial factual discovery as to merit and class
certification shall be concluded by November 30, 2023.
4. Depositions. All depositions are to be conducted in
accordance with the procedures set forth in the order of
Judge Gawthrop, in Hall v. Clifton Precision, 150 F.R.D.
525 (E.D. Pa. 1993).
5. All rebuttal expert reports and expert disclosures as to
class certification and liability pursuant to FED. R.
CIV. P. 26(a)(2) on behalf of the Defendant shall be
served not later than February 20, 2024.
7. Dispositive motions and motions as to class certification
shall be filed with the Clerk of the Court no later than
April 26, 2024.
8. Any application for an extension of time beyond the
deadlines set herein shall be made prior to expiration of
the period sought to be extended and shall disclose in the
application all such extensions previously obtained, the
precise reasons necessitating the application showing good
cause under FED. R. CIV. P. 16(b), and whether adversary
counsel agree with the application.
TD Bank provides banking services. The Company offers online
banking, mortgages, loans, insurance, and investment management
services.
A copy of the Court's order dated March 9, 2023 is available from
PacerMonitor.com at https://bit.ly/3ZhRoGR at no extra charge.[CC]
TEACHERS INVESTMENT: Haley Seeks to Seal Noteware Declaration
--------------------------------------------------------------
In the class action lawsuit captioned as Haley v. Teachers
Investment and Annuity Association of America, Case No.
1:17-cv-00855-JPO-RWL (S.D.N.Y.), the Plaintiffs request leave to
file under seal the Declaration of Ellen T. Noteware in Support of
the Plaintiffs' Supplemental Brief in Support of Class
Certification.
The Plaintiffs take no position at this time on the Defendant's
confidential designations with respect to these documents but
reserve the right to challenge such confidentiality designations at
a later time.
Teachers Insurance provides banking services. The Company offers
savings, cash management, and retirement plans.
A copy of the the Plaintiffs' motion dated March 9, 2023 is
available from PacerMonitor.com at https://bit.ly/3LGUf8S at no
extra charge.[CC]
The Plaintiff is represented by:
Ellen T. Noteware, Esq.
BERGER MONTAGUE
1818 Market Street, Suite 3600
Philadelphia, PA 19103
Telephone: (215) 875-3000
E-mail: enoteware@bm.net
TEN BRIDGES: Taie, et al., File Bid for Class Certification
-----------------------------------------------------------
In the class action lawsuit captioned as MARY TAIE, an individual;
MOYRA COOP, an individual; and WILLIAM GROVES, an individual, on
behalf of themselves and as representatives of similarly situated
persons, v. TEN BRIDGES LLC, an Oregon Limited Liability Company;
DEMIAN HEALD, an individual; and the marital community comprised of
DEMIAN HEALD and DOE HEALD, Case No. 2:21-cv-00526-JCC (W.D.
Wash.), the Plaintiffs ask the Court to enter an order certifying
the following class:
"All persons who assigned to Ten Bridges LLC his/her/their/
right to receive surplus proceeds from a lien foreclosure
sale which were at any time on deposit with a Washington
State Superior Court Clerk and who received less than 95% of
the value of the surplus proceeds, where Ten Bridges obtained
the surplus proceeds from the Superior Court Clerk and/or
Superior Court Registry in reliance on the assignment, from
and after the date four years prior to the date this action
was filed."
The Plaintiffs and putative Class members entered into agreements
with Ten Bridges that were illegal and void when made under RCW
63.29.350. Ten Bridges used void deeds that memorialized the
agreements to acquire these persons' surplus proceeds on deposit in
Washington superior court registries from judicial foreclosure
sales of those persons' real properties.
The Plaintiffs are adult siblings Mary Taie, Moyra Coop, and
William Groves. Declaration of Guy W. Beckett in Support of Motion
for Class Certification. Their father, Clifford Groves, died
intestate in 2010. Id. At the time of his death, Mr. Groves owned
his home in Shoreline, Washington (the "property"). An action to
foreclose the deed of trust encumbering the property was filed in
2014 in King County Superior Court.
Ten Bridges is a real estate investment and development firm.
A copy of the the Plaintiffs' motion dated March 9, 2023 is
available from PacerMonitor.com at https://bit.ly/3Jy0jxI at no
extra charge.[CC]
The Plaintiffs are represented by:
Guy W. Beckett, Esq.
BERRY & BECKETT, PLLP
1708 Bellevue Avenue
Seattle, WA 98122
Telephone: (206) 441-5444
Facsimile: (206) 838-6346
E-mail: gbeckett@beckettlaw.com
- and -
C. Chip Goss, Esq.
GOSS LAW PLLC
3614A California Ave. SW No.246
Seattle, WA 98116
Telephone: (206) 420-1196
E-mail: Chip@ChipGossLaw.com
TEP ROCKY: March 28 Extension for JPR to Submit Response Sought
---------------------------------------------------------------
In the class action lawsuit captioned as JOLLEY POTTER RANCHES
ENERGY CO. LLC, on behalf of itself and all others similarly
situated, v. TEP ROCKY MOUNTAIN LLC, Case No. 1:19-cv-00495-DDD-GPG
(D. Colo.), the Parties jointly move for a two-week extension of
time for JOLLEY POTTER RANCHES ENERGY CO. LLC (JPR) to submit its
response to the Defendant's Objections to the Magistrate's
Recommendations and for TEP to submit its response to the
Plaintiff's Objections to the Magistrate's Recommendation, to and
including March 28, 2023.
On February 14, 2023, the Magistrate Judge issued the
Recommendation on JPR's Motion for Class Certification. Both
parties filed Objections to the Recommendation on February 28,
2023.
Pursuant to Fed. R. Civ. P. 72(b)(2) the current deadline for the
parties to submit their respective responses to the Objections is
March 14, 2023. Given the substance of the Objections, as well as
competing deadlines in a state court matter between the parties, a
two-week extension of time would allow the parties to adequately
address all the arguments in the Objections.
The Parties agree that extending the deadline to file their
responses to the Objections will not result in any prejudice to
either party.
TEP Rocky is a private exploration and production company that
operates the piceance basin assets acquired by Terra Energy
Partners.
A copy of the the Parties' motion dated March 9, 2023 is available
from PacerMonitor.com at https://bit.ly/3JyAXzJ at no extra
charge.[CC]
The Plaintiff is represented by:
Nathan A. Keever, Esq.
DUFFORD, WALDECK, MILBURN & KROHN, LLP
744 Horizon Court, Suite 300
Grand Junction, CO 81506
Telephone: (970) 241-5500
E-mail: keever@dwmk.com
- and -
George R. Miller, Esq.
G.R. MILLER, P.C.
534 Main Avenue
Durango, CO 81301
Telephone: (970) 247-1113
E_mail: bob@grmillerlaw.com
The Defendant is represented by:
John F. Shepherd, Esq.
Christopher A. Chrisman, Esq.
Michelle R. Seares, Esq.
HOLLAND & HART LLP
555 Seventeenth Street, Suite 3200
Post Office Box 8749
Denver, CO 80201-8749
Telephone: (303) 295-8000
E-mail: jshepherd@hollandhart.com
cachrisman@hollandhart.com
mrseares@hollandhart.com
TRACY RENEWABLE ENERGY: Coronado Files Suit in Cal. Super. Ct.
--------------------------------------------------------------
A class action lawsuit has been filed against Tracy Renewable
Energy, LLC. The case is styled as Fidel Coronado, individually,
and on behalf of all others similarly situated v. Tracy Renewable
Energy, LLC, Case No. STK-CV-UOE-2023-0002577 (Cal. Super. Ct., San
Joaquin Cty., March 16, 2023).
The case type is stated as "Unlimited Civil Other Employment."
Tracy Renewable Energy -- http://cstgreen.com/-- engages in
installing water cleaning systems.[BN]
TRAEGER PELLET: Yates, Jones Seek to Seal Portions of Reply
-----------------------------------------------------------
In the class action lawsuit captioned as MICHAEL YATES,
individually and on behalf of all others similarly situated; and
NORMAN JONES, individually and on behalf of all other similarly
situated, v. TRAEGER PELLET GRILLS, LLC, a Delaware limited
liability company, Case No. 2:19-cv-00723-BSJ (D. Utah), the
Plaintiffs ask the Court to enter an order sealing portions of
their reply in support of amended motion for class certification,
based on confidentiality designations made pursuant to the Court's
Standard Protective Order as adopted in DUCivR 26-2 and applied to
this case.
Local Rule DUCivR 5-3 provides that a party may request, by motion,
an order authorizing the sealing of part or all of a document that
is to be filed with the Court.
Traeger Pellet retails cooking equipment. The Company offers a
range of grills, pellets, sauces, rubs, shakes, and accessories.
A copy of the Plaintiffs' motion dated Mar. 7, 2023 is available
from PacerMonitor.com at https://bit.ly/3YRr71P at no extra
charge.[CC]
The Plaintiffs are represented by:
Jared D. Scott, Esq.
Jacob W. Nelson, Esq.
ANDERSON & KARRENBERG
50 West Broadway, No. 600
Salt Lake City, UT 84101-2035
Telephone: (801) 534-1700
E-mail: jscott@aklawfirm.com
jnelson@aklawfirm.com
- and -
Karl S. Kronenberger, Esq.
Jeffrey M. Rosenfeld, Esq.
Liana W. Chen, Esq.
KRONENBERGER ROSENFELD, LLP
150 Post Street, Suite 520
San Francisco, CA 94108
Telephone: (415) 955-1155
E-mail: karl@kr.law
jeff@kr.law
liana@kr.law
TRAFFIC MANAGEMENT: Rosales Files Suit in Cal. Super. Ct.
---------------------------------------------------------
A class action lawsuit has been filed against Traffic Management,
Inc., et al. The case is styled as Terry James Rosales, and on
behalf of all others similarly situated v. Traffic Management,
Inc., Does 1-10, Case No. 34-2023-00336273-CU-OE-GDS (Cal. Super.
Ct., Sacramento Cty., March 15, 2023).
The case type is stated as "Other Employment - Civil Unlimited."
Traffic Management, Inc. -- https://www.trafficmanagement.com/ --
is a Construction, Building Material, and Traffic Control Services
company located in Signal Hill, California.[BN]
The Plaintiff is represented by:
Kane Moon, Esq.
MOON & YANG, APC
1055 W 7th St., Ste. 1880
Los Angeles, CA 90017-2529
Phone: 213-232-3128
Fax: 213-232-3125
Email: kane.moon@moonyanglaw.com
TRANS UNION: Case Deadlines Stayed Pending Coffey Suit Ruling
-------------------------------------------------------------
In the class action lawsuit captioned as KEITH THOMPSON, v. TRANS
UNION, LLC, Case No. 3:22-cv-00584-CRS-CHL (W.D. Ky.), the Hon.
Judge Colin H. Lindsay entered an order staying all discovery and
remaining case deadlines pending a ruling on class-certification in
Jordan Coffey v. Equifax Information Services, LLC, Case No.
5:22-cv-00271.
The Court construes the stipulation as a joint motion to stay all
discovery and remaining deadlines pending the resolution of a
related action not before this Court.
In support of the motion, the Parties state that the discovery
taken in a class action lawsuit pending before the Eastern District
of Kentucky, Jordan Coffey v. Equifax Information Services, LLC,
Case No. 5:22-cv-002671, can be utilized to reduce duplicative
discovery in the instant action. Thus, the Parties request a stay
in the instant action pending a ruling on plaintiff's
class-certification motion in Jordan. The Court will grant the
Parties' request, though cautions the Parties that the Court will
not indefinitely allow a separate action to control progress in
this case and may reconsider the propriety of the stay as it deems
appropriate.
TransUnion is an American consumer credit reporting agency.
A copy of the Court's order dated March 8, 2023 is available from
PacerMonitor.com at https://bit.ly/3LEm8OT at no extra charge.[CC]
TRILOGY HEALTH: Santiago Sues Over Failure to Pay Overtime Wages
----------------------------------------------------------------
Erika Santiago, on behalf of herself and others similarly situated
v. TRILOGY HEALTH SERVICES, LLC, Case No. 2:23-cv-00976-SDM-CMV
(S.D. Ohio, March 15, 2023), is brought against the Defendant for
its collective failure to pay employees overtime wages, seeking all
available relief under the Fair Labor Standards Act of 1938
("FLSA"); O.R.C. ("the Ohio Wage Act"); and the Ohio Prompt Pay Act
("OPPA").
The Plaintiff and other similarly situated direct care employees
worked more than 40 hours in one or more workweek(s). During their
employment with Defendant, the Plaintiff and other similarly direct
care situated employees were not fully and properly paid for all
overtime wages because the Defendant required a 30-minute meal
break to be deducted from their compensable hours worked even when
The Plaintiff and other similarly situated direct care employees
were unable to take a full, uninterrupted bona fide meal break of
30 minutes. Although the Defendant required the deduction of a
daily 30-minute meal break, the Plaintiff and other similarly
situated direct care employees were often unable to take a full,
uninterrupted bona fide meal break of 30 minutes because they did
not receive any break or their break was otherwise shortened
interrupted by substantive job duties, says the complaint.
The Plaintiff was employed by the Defendant from March 17, 2020
until December 17, 2021 as an hourly State Tested Nursing Assistant
("STNA") and as a Licensed Practical Nurse ("LPN").
Trilogy Health Services, LLC is a foreign limited liability company
that operates and conducts substantial business activities in Ohio,
including in the Southern District of Ohio.[BN]
The Plaintiff is represented by:
Matthew J.P. Coffman, Esq.
Adam C. Gedling, Esq.
Kelsie N. Hendren, Esq.
Tristan T. Akers, Esq.
COFFMAN LEGAL, LLC
1550 Old Henderson Rd., Suite #126
Columbus, OH 43220
Phone: 614-949-1181
Fax: 614-386-9964
Email: mcoffman@mcoffmanlegal.com
agedling@mcoffmanlegal.com
khendren@mcoffmanlegal.com
TRIPLE CANOPY: Buckner Files Suit in Cal. Super. Ct.
----------------------------------------------------
A class action lawsuit has been filed against Triple Canopy, Inc.,
et al. The case is styled as Tanisha Buckner, Carlos Collier, Ben
Docena, Gene Sunshine, Benjamin Woods, individually and on behalf
of all similarly situated individuals v. Triple Canopy, Inc., Does
1 to 100, inclusive, Case No. CGC23604164 (Cal. Super. Ct., San
Francisco Cty., Jan. 23, 2023).
The case type is stated as "Other Non-Exempt Complaints."
Triple Canopy, Inc. -- http://www.constellis.com/-- is an American
private security company that provides integrated security, mission
support and risk management services to corporate, government and
nonprofit clients.[BN]
The Plaintiff is represented by:
Adam Rose, Esq.
ROSE LAW FIRM, P.C.
5200 Meadows Rd., Suite 150
Lake Oswego, OR
Phone: 503.278.7618
Email: arose@rose-law.com
TUFIN SOFTWARE: Parties Seek 30-Day Extension to Case Deadlines
---------------------------------------------------------------
In the class action lawsuit RE: TUFIN SOFTWARE TECHNOLOGIES LTD.
SECURITIES LITIGATION, Case No. 1:20-cv-05646-GHW (S.D.N.Y.), the
Parties ask the Court to enter an order granting a 30-day extension
to all outstanding deadlines in this matter in light of their
agreement to engage in a private mediation at the end of this
month.
The Parties have been working diligently to meet all discovery
deadlines in the Amended Case Management Plan and Scheduling Order
dated August 1, 2023, as well as the deadlines for briefing on the
Plaintiffs' motion for class certification set forth in the Court's
January 17, 2023 scheduling order.
Simultaneously, the parties have continued to engage in settlement
discussions and recently agreed to participate in a second
mediation session, currently scheduled to be held on March 29,
2023.
-- The deadline to complete fact discovery be extended from
May 12, 2023 until June 12, 2023, with corresponding
adjustments to all other outstanding deadlines in the
Amended Case Management Plan.
-- The deadline for the Defendants to file their opposition
to the Plaintiffs' motion for class certification be
extended from March 20, 2023 until April 19, 2023, with
the Plaintiffs' reply, if any, to be due within 14 days
after service of the Defendants' opposition.
Tufin is a security policy management company specializing in the
automation of security policy changes across hybrid platforms while
improving security and compliance.
A copy of the Parties' motion dated March 9, 2023 is available from
PacerMonitor.com at https://bit.ly/3JDRmmS at no extra charge.[CC]
The Plaintiffs are represented by:
Patrick V. Dahlstrom, Esq.
Christopher P.T. Tourek, Esq.
POMERANTZ LLP
10 South LaSalle Street, Suite 3505
Chicago, IL 60603
Telephone: (312) 377-1181
Facsimile: (312) 377-1184
E-mail: pdahlstrom@pomlaw.com
ctourek@pomlaw.com
- and -
Phillip Kim, Esq.
Laurence M. Rosen, Esq.
Brent LaPointe, Esq.
THE ROSEN LAW FIRM, P.A.
275 Madison Avenue, 40th Floor
New York, NY 10016
Telephone: (212) 686-1060
Facsimile: (212) 202-3827
E-mail: pkim@rosenlegal.com
lrosen@rosenlegal.com
blapointe@rosenlegal.com
- and -
Nicholas I. Porritt, Esq.
Adam M. Apton, Esq.
LEVI & KORSINSKY, LLP
55 Broadway, 10th Floor
New York, NY 10006
Telephone: (212) 363-7500
E-mail: nporritt@zlk.com
aapton@zlk.com
The Defendant is represented by:
Glenn M. Kurtz, Esq.
Kim A. Havlin, Esq.
Susan L. Grace, Esq.
WHITE & CASE LLP
1221 Avenue of the Americas
New York, NY 10020
Telephone: (212) 819-8200
E-mail: gkurtz@whitecase.com
kim.havlin@whitecase.com
susan.grace@whitecase.com
TUFINA LLC: Toro Files ADA Suit in S.D. New York
------------------------------------------------
A class action lawsuit has been filed against Tufina, LLC. The case
is styled as Jasmine Toro, on behalf of herself and all others
similarly situated v. Tufina, LLC, Case No. 1:23-cv-02278
(S.D.N.Y., March 8, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Tufina, LLC -- https://tufinawatches.com/ -- offers German watch
brands and hand-assembled wristwatches.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
10826 64th Avenue, Ste. 2nd Floor
Forest Hills, NY 11375
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
UMPQUA BANK: Camenisch, et al., File Class Certification Bid
------------------------------------------------------------
In the class action lawsuit captioned as SHELA CAMENISCH, et al.,
v. UMPQUA BANK, Case No. 3:20-cv-05905-RS (N.D. Cal.), the
Plaintiffs ask the Court to enter an order certifying their
aiding-and-abetting claims against Umpqua bank for class treatment
under Rule 12 23(b)(3) of the Federal Rules of Civil Procedure.
The Plaintiffs will and move the Court for an order certifying the
following class pursuant to Rule 23(a) and Rule 23(b)(3) of the
Federal Rules of Civil Procedure:
"All persons who invested money with Professional Financial
Investors, Inc. (PFI) or Professional Investors Security
Fund, Inc. (PISF) through secured or unsecured debt
instruments or an LLC membership purchase agreement; who did
not recover the principal amount of their investment prior
to July 14, 2020; and who have a valid, allowed claim in In
re Professional Financial Investors, Inc., Case No. 20-bk-
30604 (Bankr. N.D. Cal.) or any of its affiliated debtor
bankruptcy cases, jointly administered under Case No. 20-bk-
30604."
The Plaintiffs further request that, in connection with granting
class certification, the Court appoint Shela Camenisch, Dale Dean,
Luna Baron and Eva King as class representatives, and appoint
Michael Schrag and Linda Lam of Gibbs Law Group LLP and Scott
Silver of Silver Law Group as co-lead class counsel pursuant to
Rule 23(g).
When Ken Casey died in May 2020 and his Ponzi scheme immediately
unraveled, his victims couldn't believe he had managed to keep the
scheme going for more than a decade without outside help.
There was nothing particularly clever or original about Casey's
scheme, which was run through two real estate investment companies
called PFI and PISF. As soon as someone other than Casey, his
partner Lewis Wallach, or his bankers took a look at the companies'
bank accounts, it was obvious PFI and PISF were operating at a
massive deficit and surviving only by continually raising new
investor money to pay existing investors.
For years, PFI and PISF ran a massive Ponzi scheme through the
Novato branch of Umpqua Bank, ultimately costing investors more
than $300 million. Umpqua maintains its employees never
realized what was going on and so the bank cannot be held liable
for aiding and abetting. The evidence suggests otherwise, but what
matters most for purposes of the present motion is that the central
issue of Umpqua's knowledge is a common issue that can and should
be resolved for all Ponzi scheme victims through a single,
classwide trial. The alternative is a series of individual investor
trials that would waste judicial resources and create a risk of
inconsistent judgments.
The Plaintiffs now seek to present evidence of Umpqua's complicity
to a jury through a single, classwide trial. That trial will focus
almost exclusively on the question of whether Umpqua did in fact
know PFI and PISF were using new investor money to pay existing
investors and personally enrich
Casey and Wallach.
Umpqua Bank is a publicly traded financial holdings company.
A copy of the the Plaintiffs' motion to certify class dated March
9, 2023 is available from PacerMonitor.com at
https://bit.ly/3LzsH5d at no extra charge.[CC]
The Plaintiffs are represented by:
Michael L. Schrag, Esq.
Linda P. Lam, Esq.
Geoffrey A. Munroe, Esq.
Amy M. Zeman, Esq.
GIBBS LAW GROUP LLP
1111 Broadway, Suite 2100
Oakland, CA 94607
Telephone: (510) 350-9700
Facsimile: (510) 350-9701
E-mail: mls@classlawgroup.com
lpl@classlawgroup.com
gam@classlawgroup.com
amz@classlawgroup.com
- and -
Scott L. Silver, Esq.
Ryan A. Schwamm, Esq.
SILVER LAW GROUP
11780 W. Sample Road
Coral Springs, FL 33065
Telephone: (954) 755-4799
Facsimile: (954) 755-4684
E-mail: ssilver@silverlaw.com
rschwamm@silverlaw.com
UNITED PROPERTY & CASUALTY: Beisert Files Suit in S.D. Texas
------------------------------------------------------------
A class action lawsuit has been filed against United Property &
Casualty Insurance Company. The case is styled as Maria Beisert,
Patrick Beisert, individually and on behalf of others similarly
situated v. United Property & Casualty Insurance Company, Case No.
3:23-cv-00026 (S.D. Tex., Jan. 30, 2023).
The nature of suit is stated as Insurance for Breach of Contract.
United Property & Casualty Insurance Company, Inc. --
https://www.upcinsurance.com/ -- is an American property and
casualty insurance company with headquarters in Florida.[BN]
The Plaintiffs are represented by:
Thomas Joseph Snodgrass, Esq.
SNODGRASS LAW LLC
100 South Fifth Street, Suite 800
Minneapolis, MN 55402
Phone: (612) 488-2600
Email: jsnodgrass@snodgrass-law.com
- and -
James Brandon McWherter, Esq.
MCWHERTER SCOTT BOBBITT PLC
341 Cool Springs Blvd., Suite 230
Franklin, TN 37067
Phone: (615) 354-1144
Fax: (731) 664-1540
Email: brandon@msb.law
- and -
Shaun Wesley Hodge, Esq.
HODGE LAW FIRM PLLC
1301 Market St
The Historic Runge House
Galveston, TX 77550
Phone: (409) 762-5000
Fax: (409) 763-2300
Email: shodge@hodgefirm.com
UNITED STATES: Rud, et al., Seek to Certify Two Classes
-------------------------------------------------------
In the class action lawsuit captioned as James John Rud, and Brian
Keith Hausfeld, on behalf of themselves and all other similarly
situated, v. Nancy Johnston, Executive Director, Minnesota Sex
Offender Program; and Jodi Harpstead, Department of Human Services
Commissioner, in their official capacities, Case No.
0:23-cv-00486-JRT-LIB (D. Minn.), the Plaintiff asks the Court to
enter an order:
1. Certifying the following classes pursuant to Fed R. Civ.
P. 23(b):
-- The Awaiting Transfer Class
"All patients committed to the Minnesota Sex Offender
Program who have received transfer orders to less
restrictive facilities but who have yet to be
transferred." and
-- The Delayed Transfer Class
"All patients committed to the Minnesota Sex Offender
Program who have received transfer orders to less
restrictive facilities and who were transferred, but
whose transfer was delayed;"
2. Appointing the named Plaintiffs as representatives of the
respective Classes; and
3. Appointing Daniel E. Gustafson and Gustafson Gluek as
class counsel pursuant to Fed. R. Civ. P. 23(g).
A copy of the Plaintiffs' motion to certify classes dated March 8,
2023 is available from PacerMonitor.com at https://bit.ly/3Jo2Cn4
at no extra charge.[CC]
The Plaintiffs are represented by:
Daniel E. Gustafson, Esq.
David A. Goodwin, Esq.
Anthony J. Stauber, Esq.
Joseph E. Nelson, Esq.
GUSTAFSON GLUEK PLLC
Canadian Pacific Plaza
120 South Sixth Street, Suite 2600
Minneapolis, Minnesota 55402
Telephone: (612) 333-8844
Facsimile: (612) 339-6622
E-mail: dgustafson@gustafsongluek.com
dgoodwin@gustafsongluek.com
tstabuer@gustafsongluek.com
jnelson@gustafsongluek.com
UPPER PENINSULA: Rudden Files Suit in W.D. Michigan
---------------------------------------------------
A class action lawsuit has been filed against Upper Peninsula Power
Company. The case is styled as Alisha Rudden, on behalf of herself
and all others similarly situated v. Upper Peninsula Power Company,
Case No. 2:23-cv-00012-JMB-MV (W.D. Mich., Jan. 23, 2023).
The nature of suit is stated as Other Contract for the Federal
Trade Commission Act.
The Upper Peninsula Power Company -- http://www.uppco.com/-- is an
electrical power utility provider headquartered in Marquette,
Michigan with service centers in Escanaba, Houghton, Iron River,
Ishpeming, Munising and Ontonagon.[BN]
The Plaintiff is represented by:
Gary M. Klinger, Esq.
MASON LIETZ & KLINGER LLP - CHICAGO, IL
227 W Monroe St., Ste. 2100
Chicago, IL 60606
Phone: (866) 252-0878
Email: gklinger@milberg.com
- and -
Nick Suciu III, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC (MI)
6905 Telegraph Rd., Ste. 115
Bloomfield Hills, MI 48301
Phone: (313) 303-3472
Email: nsuciu@milberg.com
USAA GENERAL: Court Dismisses Drozdz & Vest's Claims With Prejudice
-------------------------------------------------------------------
In the case, AGATA DROZDZ, an individual and TEAKRE VEST, an
individual, Plaintiffs v. USAA GENERAL INDEMNITY COMPANY, UNITED
SERVICES AUTOMOBILE ASSOCIATION and USAA CASUALTY INSURANCE
COMPANY, Defendants, Case No. 2:20-cv-01010-JHC (W.D. Wash.), Judge
John H. Chun of the U.S. District Court for the Western District of
Washington dismisses with prejudice the named Plaintiffs' claims.
The Plaintiffs filed the proposed class action in King County
Superior Court on March 5, 2020. The Defendants removed the case to
this Court on June 29, 2020.
Over the past two and a half years, the parties have engaged in
extensive discovery. On Feb. 1, 2023, the Court stayed the action
for 30 days to give the parties additional time to assess the
strengths and weaknesses of their claims and defenses and engage in
settlement discussions.
The parties have agreed to resolve the matter without further
litigation. They jointly request that the claims of Plaintiffs
Drozdz and Vest be dismissed, with prejudice, with each party to
bear their own costs and fees.
No motion for class certification has been filed; the Court has not
entered any order on class certification; and as a result, no class
has been certified in the action. Accordingly, no notice to the
putative class is required under Rule 23(e), and the dismissal is
without prejudice to the claims of the putative class members,
other than the Plaintiffs' claims.
Judge Chun grants the parties' stipulation. He dismisses with
prejudice to the claims of Drozdz and Vest and without prejudice to
the claims of the remaining putative class members.
A full-text copy of the Court's March 7, 2023 Order is available at
https://tinyurl.com/2p25wevj from Leagle.com.
TERRELL MARSHALL LAW GROUP PLLC Toby J. Marshall --
tmarshall@terrellmarshall.com -- Blythe H. Chandler --
bchandler@terrellmarshall.com -- Seattle, Washington, Young-Ji Ham
-- youngji@washinjurylaw.com -- WASHINGTON INJURY LAWYERS PLLC,
Seattle, Washington, Attorneys for the Plaintiffs.
Jay Williams -- jay.williams@afslaw.com -- Admitted Pro Hac Vice
Paula M. Ketcham -- paula.ketcham@afslaw.com -- Admitted Pro Hac
Vice ARENTFOX SCHIFF LLP, Chicago, IL, CORR CRONIN LLP Michael A
Moore -- mmoore@corrcronin.com -- Seattle, Washington, Attorneys
for the Defendants.
USAA GENERAL: Dismissal of Drozdz Class Action Sought
-----------------------------------------------------
In the class action lawsuit captioned as AGATA DROZDZ, an
individual and TEAKRE VEST, an individual, v. USAA GENERAL
INDEMNITY COMPANY, UNITED SERVICES AUTOMOBILE ASSOCIATION and USAA
CASUALTY INSURANCE COMPANY,Case No. 2:20-cv-01010-JHC (W.D. Wash.),
the Plaintiffs Agata Drozdz and Teakre Vest and Defendants USAA
General Indemnity Company, United Services Automobile Association,
and USAA Casualty Insurance Company jointly move the Court to enter
an order granting stipulated motion and order of dismissal.
The Plaintiffs filed this proposed class action in King County
Superior Court on March 5, 2020. Th Defendants removed the case to
this Court on June 29, 2020.
Over the past two and a half years, the parties have engaged in
extensive discovery, including the production and review of
thousands of pages of documents and millions of rows of data and
the taking of several depositions.
On February 1, 2023, the Court stayed this action for 30 days to
give the parties additional time to assess the strengths and
weaknesses of their claims and defenses and engage in settlement
discussions.
USAA General operates as an insurance firm. The Company offers
property and casualty insurance services.
A copy of the Court's order dated Mar. 7, 2023 is available from
PacerMonitor.com at https://bit.ly/3TmcySJ at no extra charge.[CC]
The Plaintiff is represented by:
Toby J. Marshall, Esq.
Blythe H. Chandler, Esq.
TERRELL MARSHALL LAW GROUP PLLC
936 North 34th Street, Suite 300
Seattle, WA 98103
Telephone: (206) 816Ͳ6603
Facsimile: (206) 319Ͳ5450
E-mail: tmarshall@terrellmarshall.com
bchandler@terrellmarshall.com
- and -
YoungͲJi Ham, Esq.
WASHINGTON INJURY LAWYERS PLLC
1700 7th Avenue, Suite 2100
Seattle, WA 98101
Telephone: (425) 312Ͳ3057
Email: youngji@washinjurylaw.com
The Defendant is represented by:
Jay Williams, Esq.
Paula M. Ketcham, Esq.
ARENTFOX SCHIFF LLP
233 South Wacker Drive, Suite 7100
Chicago, IL 60606
Telephone: (312) 258Ͳ5629
Facsimile: (312) 258Ͳ5600
E-mail: jay.williams@afslaw.com
paula.ketcham@afslaw.com
- and -
Michael A Moore, Esq.
CORR CRONIN LLP
1001 4th Avenue, Suite 3900
Seattle, WA 98154Ͳ1051
Telephone: (206) 625Ͳ8600
Facsimile: (206) 625Ͳ0900
E-mail: mmoore@corrcronin.com
VOLKSWAGEN GROUP: Steinhardt Sues Over Defective Alternator
-----------------------------------------------------------
Jason Steinhardt, on behalf of himself and all others similarly
situated v. Volkswagen Group of America, Inc., Audi of America,
LLC, Case No. MER-L-000501-23 (N.J. Super. Ct., Mercer Cty., March
15, 2023), is brought against the Defendants by the Plaintiff on
behalf of himself and a class of current and former owners and
lessees of 2018-2023 Audi A6, A7, A8, and Q7 vehicles; 2018 and
2020-2023 Audi S6, S7, S8, and R8 vehicles; 2018 and 2021-2023 Audi
RS 7 vehicles; 2019-2023 Audi Q8 vehicles; 2020-2023 Audi A6
allroad, SQ7, SQ8, and RS Q8 vehicles; 2020-2021 Audi A8 e quattro
vehicles; and 2021-2023 Audi A7 e quattro vehicles (collectively,
the "Class Vehicles"), which suffer from a serious alternator
defect that causes the vehicle to shut down while in operation
and/or fail to start.
Specifically, due to the defective alternators, which are
responsible for providing electricity to charge the battery and
power electrical systems, the Class Vehicles experience electrical
malfunction, causing dashboard warning lights to illuminate and the
vehicle to become inoperable (the "Alternator Defect" or "Defect"),
often while the vehicle is in motion. The Defect renders the
vehicles inoperable when it manifests and requires replacement of
the alternator.
The Defect often manifests while the car is being driven, creating
a significant safety hazard. When this happens, the alternator
warning light illuminates and various electrical systems
malfunction, including the vehicle's power braking and power
steering. The Defect can also cause Class Vehicles to stall while
in operation. This presents a significant safety hazard. Many
owners and lessees have reported that their Class Vehicles stalled
while in operation on busy streets, highways, and bridges.
Additionally, even though most of the Class Vehicles are under
warranty, Defendants have been unable to provide replacements
within a reasonable time because the defect is so pervasive that
there is a long backorder on replacement alternators, often leaving
owners and lessees without use of their Class Vehicles for months.
Since Dealerships often do not have loaner vehicles available, many
owners and lessees have to pay thousands of dollars out of pocket
for rental cars or other alternative means of transportation.
Because the Alternator Defect makes Class Vehicles unreliable and
renders them inoperable when it manifests, it affects their central
functionality.
The Defendants are aware of the Alternator Defect but have failed
to provide adequate repairs and have continually sold the Class
Vehicles without disclosing this known defect to purchasers. The
Defendants have been aware of the Defect for years, as evidenced by
several manufacturer communications and technical service bulletins
("TSBs") and large numbers of owners and lessees who have
complained about this Defect dating back to at least 2018,
including when consumers brought their Class Vehicles to
Defendants' authorized dealers for repairs. Despite Defendants'
knowledge of the Defect, which renders the Class Vehicles hazardous
and unsuitable for their intended purpose, they have failed to
provide adequate repairs and have also failed to disclose the
Defect to unsuspecting purchasers and lessees.
Due to the undisclosed Alternator Defect, Plaintiff and Class
Members were deprived of the benefit of their bargain in purchasing
or leasing their Audi vehicles. These customers continue to have to
live with the risks of their vehicles stalling in the middle of
traffic, potential alternator failure, costly replacements, loss of
use of their Class Vehicles, out of pocket expenses for rental
cars, alternative transportation, towing services, and diminution
of value of their vehicles. Plaintiff accordingly seeks relief both
for himself and for other current and former owners or lessees of
these Class Vehicles, says the complaint.
The Plaintiff purchased a new 2021 Audi Q8 from Criswell Audi,
which is an authorized Audi dealership located in Annapolis,
Maryland.
Volkswagen and Audi are engaged in the business of designing,
manufacturing, warranting, marketing, advertising, and selling
vehicles, including the Class Vehicles.[BN]
The Plaintiff is represented by:
J. Llewellyn Mathews, Esq.
13 Garden Street
Mount Holly, NJ 08060
Phone: (609) 519-7744
Email: jlmathews@jlmesq.com
- and -
Timothy N. Mathews, Esq.
Alex M. Kashurba, Esq.
CHIMICLES SCHWARTZ KRINER & DONALDSON SMITH LLP
361 W. Lancaster Avenue
Haverford, PA 19041
WAL-MART ASSOCIATES: April 21 Opposition to Class Cert Bid Sought
-----------------------------------------------------------------
In the class action lawsuit captioned as CHRISTOPHER NELSON, on
behalf of himself and all others similarly situated, v. WAL-MART
ASSOCIATES, INC. and DOES 1 through 50, inclusive, Case No.
3:21-cv-00066-MMD-CLB (D. Nev.), the Parties request that the Court
extend the briefing deadlines for the Defendant's Opposition to the
Plaintiff's Fed. R. Civ. P. Rule 23 Class Certification Motion as
well as the Plaintiff's Reply deadline.
Specifically, the parties request that the Defendant's Opposition
be due on April 21, 2023 and the Plaintiff's Reply on June 20,
2023.
The parties previously requested a stay of this matter for one 120
days so that the parties could focus their collective, good-faith
efforts on exploring resolution.
The parties also requested to stay the remaining briefing schedule
on the Plaintiff's Fed. R. Civ. P. Rule 23 Class Certification
Motion for the same period of time. On October 21, 2022, the Court
issued a Minute Order granting, in part, the stay through February
20, 2023.
Walmart is an American multinational retail corporation that
operates a chain of hypermarkets, discount department stores, and
grocery stores in the United States, headquartered in Bentonville,
Arkansas.
A copy of the Parties' motion dated March 9, 2023 is available from
PacerMonitor.com at https://bit.ly/4095gEA at no extra charge.[CC]
The Plaintiffs are represented by:
Mark R. Thierman, Esq.
Joshua D. Buck, Esq.
Leah L. Jones, Esq.
Joshua R. Hendrickson
THIERMAN BUCK LLP
7287 Lakeside Drive
Reno, NV 89511
The Defendant is represented by:
Anthony L. Martin, Esq.
Dana B. Salmonson, Esq.
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
10801 W. Charleston Blvd., Suite 500
Las Vegas, NV 89135
Telephone: (702) 369-6800
Facsimile: (702) 369-6888
E-mail: anthony.martin@ogletreedeakins.com
dana.salmonson@ogletreedeakins.com
WAL-MART ASSOCIATES: Bid for Class Certification Due May 26
-----------------------------------------------------------
In the class action lawsuit captioned as JESSICA HERNANDEZ,
individually and on behalf of all others similarly situated, v.
WAL-MART ASSOCIATES, INC., a Delaware corporation; and DOES 1
through 50, inclusive, Case No. 5:21-cv-00166-FLA-KK (C.D. Cal.),
the Hon. Judge Fernando L. Aenlle-Rocha entered an order that the
class certification briefing schedule and the pretrial and trial
dates shall be as follows:
Event Date
Motion for Class Certification May 26, 2023
Opposition to Motion for Class July 7, 2023
Certification
Reply ISO Motion for Class Aug. 7, 2023
Certification
Hearing on Motion for Class Sept. 1, 2023
Certification
Discovery Cutoff Nov. 17, 2023
Walmart is an American multinational retail corporation that
operates a chain of hypermarkets, discount department stores, and
grocery stores in the United States, headquartered in Bentonville,
Arkansas.
A copy of the Court's order dated March 9, 2023 is available from
PacerMonitor.com at https://bit.ly/3LCy2c0 at no extra charge.[CC]
WAREHOUSE GOODS: Miller Files ADA Suit in W.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against Warehouse Goods LLC.
The case is styled as Kimberly Miller, on behalf of herself and all
other persons similarly situated v. Warehouse Goods LLC, Case No.
1:23-cv-00236 (W.D.N.Y., March 16, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Warehouse Goods LLC (WHG) -- https://warehousegoods.com/ -- is a
multinational distribution group based in Boca Raton, Florida.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
GOTTFRIED & GOTTFRIED, LLP
122 East 42nd. St., Suite 620
New York, NY 10168
Phone: (212) 228-9795
Email: michael@gottlieb.legal
WAYFAIR LLC: Rodriguez Files ADA Suit in S.D. New York
------------------------------------------------------
A class action lawsuit has been filed against Wayfair, LLC. The
case is styled as Omar Rodriguez, individually, and on behalf of
all others similarly situated v. Wayfair, LLC, Case No.
1:23-cv-02213 (S.D.N.Y., March 15, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Wayfair Inc. -- http://www.wayfair.com/-- is an American
e-commerce company based in Boston, Massachusetts that sells
furniture and home goods online.[BN]
The Plaintiff is represented by:
William Downes, Esq.
MIZRAHI KROUB LLP
225 Broadway, Ste. 39th Floor
New York, NY 10007
Phone: (212) 595-6200
Email: wdownes@mizrahikroub.com
WELLS FARGO: Bid to Strike Easton Class Complaint Junked
--------------------------------------------------------
In the class action lawsuit captioned as Josephine Easton v. Wells
Fargo & Company et al., Case No. 2:20-cv-06070-AB-RAO (C.D. Cal.),
the Hon. Judge André Birotte Jr. entered an order denying the
Defendants motion to strike the Plaintiff Josephine Easton's motion
for class certification and motion for conditional certification.
The Court finds that the Plaintiff failed to meet and confer in
accordance with Local Rule 7-3 prior to filing her Motions. The
Plaintiff argues that the parties met and conferred in February
2022. However, the Plaintiff concedes that this meeting was a
discovery conference, ordered in a separate case.
The Court finds that the Plaintiff's motion was untimely. the
Plaintiff cannot rely on her December 8, 2022 filing to demonstrate
timeliness. As the Defendant points out, a document that is
stricken from the docket "cannot be said to be part of the public
record."
The Defendants will be minimal, as the Defendants are familiar with
the issues raised in the Plaintiff's Motions and the
Court has already modified the scheduling order to accommodate the
Plaintiff's untimely filing. The Court is not convinced by the
Defendants' argument that it will be prejudiced by having to
respond to the Plaintiff's Motions, as the Defendants will be no
more prejudiced than if the Motions had been properly filed, or if
the Court were to strike the Motions and allow them to be re-filed
in accordance with the rules.
On December 8, 2022, the Plaintiff filed Motions for Class
Certification and Conditional Certification, which did not contain
Local Rule 7-3 compliance statements.
Wells Fargo is an American multinational financial services
company.
A copy of the Court's order dated March 9, 2023 is available from
PacerMonitor.com at https://bit.ly/3LD9789 at no extra charge.[CC]
WHITE DRUG CO: Jones Files ADA Suit in S.D. New York
----------------------------------------------------
A class action lawsuit has been filed White Drug Co. of Jamestown,
Inc. The case is styled as Damon Jones, on behalf of himself and
all others similarly situated v. White Drug Co. of Jamestown, Inc.,
Case No. 1:23-cv-02277 (S.D.N.Y., March 16, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
White Drug Co. of Jamestown, Inc. is a pharmacy located in
Jamestown, North Dakota.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
10826 64th Avenue, Ste. 2nd Floor
Forest Hills, NY 11375
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
WHITEFISH, MT: Court OK's Beck Bid to File Overlength Reply Brief
-----------------------------------------------------------------
In the class action lawsuit captioned as JEFF BECK, individually;
et al., v. CITY OF WHITEFISH, a Montana municipality; and DOES
1-50, Case No. 9:22-cv-00044-KLD (D. Mont.), the Plaintiff asks the
Court to enter an order granting an extension of time in which to
file their reply in support of their motion for class
certification, up to and including March 31, 2023, and for leave to
file an over-length reply brief, up to 6,500 words.
Counsel for the City and FCS Group have been contacted and do not
oppose this motion.
Whitefish is a resort town in the Rocky Mountains of northwest
Montana. It's a gateway to the jagged peaks, lakes and
glacier-carved valleys of Glacier National Park.
A copy of the Plaintiffs' motion dated March 8, 2023 is available
from PacerMonitor.com at https://bit.ly/3TAuNUv at no extra
charge.[CC]
The Plaintiffs are represented by:
Mark M. Kovacich, Esq.
Caelan G. Brady, Esq.
KOVACICH SNIPES JOHNSON, P.C.
P.O. Box 2325
Great Falls, MT 59403
Telephone: (406) 761-5595
E-mail: mark@justicemt.com
caelan@justicemt.com
- and -
Cory R. Laird, Esq.
Lindsay A. Mullineaux, Esq.
Riley M. Wavra, Esq.
LAIRD COWLEY, PLLC
P.O. Box 4066
Missoula, MT 59806
Telephone: (406) 541-7400
E-mail: claird@lairdcowley.com
lmullineaux@lairdcowley.com
rwavra@lairdcowley.com
WILLOW HILL SUPPLY: Toro Files ADA Suit in S.D. New York
--------------------------------------------------------
A class action lawsuit has been filed against Willow Hill Supply,
LLC. The case is styled as Andrew Toro, on behalf of himself and
all others similarly situated v. Willow Hill Supply, LLC, Case No.
1:23-cv-02135 (S.D.N.Y., March 13, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Willow Hill Supply -- http://willowhillsupply.com/-- is a US
manufacturer of Military, Police and Custom made embroidered
emblems.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
10826 64th Avenue, Ste. 2nd Floor
Forest Hills, NY 11375
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
WINTRUST FINANCIAL: Rice Files Suit in M.D. Florida
---------------------------------------------------
A class action lawsuit has been filed against Wintrust Financial
Corporation. The case is styled as Daniel R. Rice, other similarly
situated persons v. Wintrust Financial Corporation, doing business
as: Wintrust Mortgage doing business as: Wintrust Residential
Mortgage; Barrington Bank & Trust Company N.A., Chairman/CEO W.
Bradley Stetson "Brad"; The United States Department of Veterans
Affairs; National Federal Mortgage Association; Veterans First
Mortgage; Law Offices of Popkin & Rosaler P.A.; Michael A. Popkin,
the individual & Attorney in Fact for Federal; Parker Dean Lewis;
JP Morgan Chase & Company; Mr. Cooper Group Inc.; Nationstar
Mortgage Holdings Inc.; John Doe; Jane Doe; Case No.
3:23-cv-00296-TJC-JBT (in M.D. Fla., March 16, 2023).
The nature of suit is stated as Torts to Land for Breach of
Fiduciary Duties.
Wintrust -- https://www.wintrust.com/ -- is a financial services
company that provides exceptional customer service, while giving
back to the things that matter most to our area.[BN]
The Plaintiff appears pro se.
YORKSHIRE WINES: Hwang Files ADA Suit in E.D. New York
------------------------------------------------------
A class action lawsuit has been filed against Yorkshire Wines &
Spirits, Inc. The case is styled as Jenny Hwang, on behalf of
herself and all others similarly situated v. Yorkshire Wines &
Spirits, Inc., Case No. 1:23-cv-02044 (E.D.N.Y., March 16, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Yorkshire Wines & Spirits, Inc. -- https://www.yorkshirewines.com/
-- is a spacious discount liquor outlet offering an ample selection
of bottlings & a delivery service.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
14749 71st Ave.
Flushing, NY 11367
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
YRULER INC: Pearson Suit Removed to N.D. Illinois
-------------------------------------------------
The case styled as Aliyah Pearson, on behalf of Herself and all
others similarly situated v. Yruler, Inc., Helzberg's Diamond
Shops, LLC, Case No. 2023-CH-00225 was removed from the Circuit
Court of Cook County, Illinois, to the U.S. District Court for the
Northern District of Illinois on Feb. 17, 2023.
The District Court Clerk assigned Case No. 1:23-cv-00984 to the
proceeding.
The nature of suit is stated as Other Personal Property for Right
to Privacy Act.
Yruler, Inc. doing business as Tangiblee --
https://www.tangiblee.com/ -- is web-based, markerless Augmented
Reality that requires no mobile app & no 3D renderings.[BN]
The Plaintiff is represented by:
Carl V. Malmstrom, Esq.
WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP
111 W. Jackson Street, Suite 1700
Chicago, IL 60604
Phone: (312) 984-0000
Fax: (212) 686-0114
Email: malmstrom@whafh.com
The Defendant is represented by:
Joel C Griswold, Esq.
BAKER & HOSTETLER, LLP
200 S. Orange Avenue, Suite 2300
Orlando, FL 32801
Phone: (407) 649-4088
Email: jcgriswold@bakerlaw.com
- and -
Amy Lynn Lenz, Esq.
Bonnie Keane DelGobbo, Esq.
BAKER & HOSTETLER LLP
1 N Upper Wacker Dr., Suite 4500
Chicago, IL 60606
Phone: (602) 515-8702
Email: alenz@bakerlaw.com
bdelgobbo@bakerlaw.com
- and -
Rachel Nevarez, Esq.
Kelly Nicole Flavin, Esq.
KMA ZUCKERT LLC
200 W. Madison Street, Ste. 1600
Chicago, IL 60606
Phone: (312) 345-3000
Email: rnevarez@kmazuckert.com
kflavin@kmazuckert.com
ZENOBIA COMPANY: Toro Files ADA Suit in S.D. New York
-----------------------------------------------------
A class action lawsuit has been filed against Zenobia Company, LLC.
The case is styled as Andrew Toro, on behalf of himself and all
others similarly situated v. Zenobia Company, LLC, Case No.
1:23-cv-02271 (S.D.N.Y., March 16, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Zenobia is world-renowned for gourmet nuts products, fine snacks,
and nut gifts like Turkish pistachio nuts, Virginia peanuts, and
roasted pecans.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
10826 64th Avenue, Ste. 2nd Floor
Forest Hills, NY 11375
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
ZOLL MEDICAL: Smith Sues Over Inadequate Data Security
------------------------------------------------------
Robert Smith, on behalf of himself and others similarly situated v.
ZOLL MEDICAL CORPORATION, Case No. 1:23-cv-10575 (D. Mass., March
15, 2023), is brought seeking to hold Defendant responsible for the
injuries ZOLL inflicted on the Plaintiff and over 1 million others
due to the Defendant's impermissibly inadequate data security,
which caused the personal and health information of the Plaintiff
and those similarly situated to be exposed to the public (the "Data
Exposure").
The data that the Defendant exposed to the public is highly
sensitive. According to the Defendant's submission to the Maine
Attorney General, the exposed data included personal identifying
information ("PII") and protected health information ("PHI") like
Social Security numbers, full names, dates of birth, and addresses.
The exposed data also allowed individuals to infer that the
Plaintiff and Class Members were using or being considered for ZOLL
products, disclosing their health conditions.
The Plaintiff received a Notice of Data Exposure Letter that did
not specify the types of PII and PHI impacted; rather, his letter
states that the Data Exposure "may have resulted in the disclosure
of some of his protected health information." The full scope of the
PII and PHI impacted by the Data Exposure remains unknown.
According to the Notice of Data Exposure Letter Plaintiff received,
On January 28, 2023, Defendant detected unusual activity on its
internal network. The Defendant determined that Plaintiff's and
Class Members' PII and PHI was affected on or about February 2,
2023. The risk of the Data Exposure was known to Defendant. Thus,
Defendant was on notice that its inadequate data security created a
heightened risk of exposure, compromise, and theft.
After the Data Exposure, Defendant failed to provide timely notice
to Plaintiff and Class Members, thereby exacerbating their
injuries. Ultimately, Defendant deprived Plaintiff and Class
Members of the chance to take speedy measures to protect themselves
and mitigate harm. Simply put, Defendant impermissibly left
Plaintiff and Class Members in the dark—thereby causing their
injuries to fester and the damage to spread. Even when Defendant
finally notified Plaintiff and Class Members of the disclosure,
Defendant failed to adequately describe what information was
compromised.
Today, the identities of Plaintiff and Class Members are in
jeopardy because of Defendant's negligence. Plaintiff and Class
Members now suffer from a heightened and imminent risk of fraud and
identity theft and must now constantly monitor their financial
accounts. Plaintiff and Class Members have suffered--and will
continue to suffer--from the loss of the benefit of their bargain,
unexpected out-of-pocket expenses, lost or diminished value of
their PII and PHI, emotional distress, and the value of their time
reasonably incurred to mitigate the fallout of the Defendant's Data
Exposure. Through this action, the Plaintiff seeks to remedy these
injuries on behalf of themselves and all similarly situated
individuals whose PII and PHI were exposed and compromised in the
Data Exposure, says the complaint.
The Plaintiff is a natural person, resident, and citizen of
Virginia whose PII and PHI was provided to the Defendant in
conjunction with the type of work Defendant does within the
healthcare industry.
ZOLL is Asahi Kasei company, who makes a variety of advanced
emergency care devices that provide defibrillation and cardiac
monitoring, circulation enhancement and CPR feedback,
supersaturated oxygen therapy, ventilation, and more.[BN]
The Plaintiff is represented by:
H. Luke Mitcheson, Esq.
MORGAN & MORGAN
1601 Trapelo Road, Suite 1601
Boston, MA 02110
Phone: (857)-383-4905
Facsimile: (857)-383-4930
Email: lmitcheson@forthepeople.com
- and -
Jean S. Martin, Esq.
Francesca Kester Burne, Esq.
MORGAN & MORGAN COMPLEX LITIGATION GROUP
201 N. Franklin Street, 7th Floor
Tampa, FL 33602
Phone: (813) 223-5505
Email: jeanmartin@ForThePeople.com
fkester@ForThePeople.com
*********
S U B S C R I P T I O N I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
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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 2023. All rights reserved. ISSN 1525-2272.
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