/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/230816.mbx C L A S S A C T I O N R E P O R T E R Wednesday, August 16, 2023, Vol. 25, No. 164 Headlines 3M COMPANY: Smith Sues Over Exposure to Toxic Film-Forming Foams 3M COMPANY: Upchurch Sues Over Exposure to Toxic Chemicals & Foams ABSM LLC: Abante Rooter Files TCPA Suit in N.D. California AGCO CORP: Court Directs Filing of Discovery Plan in NAIC Suit AIR CANADA: Blackwood-Pena Sues Over Unpaid Wages AMAZON.COM INC: Parties Seek to Extend Class Cert Deadlines AMERICAN DISCOUNT: Williams Files ADA Suit in S.D. New York AMERICAN MERCHANDISING: Bid for Conditional Certification Sought AMERICAN MERCHANDISING: Singleton Seeks to Seal Class Cert Exhibits AMERICAN UNIVERSITY: Parties Must File Status Report by August 18 ASTON CARTER INC: Bartek Files Suit in Cal. Super. Ct. BALAJI INVESTMENTS: D.M. Sues Over Unpaid Regular, Overtime Wages BEER NUTS INC: Reid Files ADA Suit in S.D. New York BILLARDS.COM INC: Crumwell Files ADA Suit in S.D. New York BMW MANUFACTURING CO: Clark Suit Transferred to N.D. Georgia BRIAN T. MOYNIHAN: Seafarers Pension Files Suit in Del. Chancery Ct CAPITAL CORRUGATED: Harris Files Suit in Cal. Super. Ct. CIRQUE DU SOLEIL: Harris Files Suit in Cal. Super. Ct. COMMONWEALTH HEALTH: Maziarz Suit Removed to M.D. Pennsylvania CRACKER BARREL: Bishop Files Suit in Cal. Super. Ct. CRACKER BARREL: Minor Sues Over Unpaid Minimum, Overtime Wages CREDIT SUISSE: Calhoun Suit Transferred to S.D. New York CURIOSITY INC: Dhruva Sues Over Unlawful Sharing of Sensitive Data DME SUPPLY USA: Williams Files ADA Suit in S.D. New York DORNOCH INC: Tareen Files Suit in Cal. Super. Ct. EBY LLC: Wright Files TCPA Suit in E.D. Pennsylvania ENVOY AIR INC: Pietri Files Suit in Cal. Super. Ct. EXPERIAN INFORMATION: Humphrey Files FCRA Suit in C.D. California FIRSTENERGY: Discovery Ongoing in Securities Class Suits FL ACQUISITIONS LLC: Martin Files ADA Suit in E.D. New York FRANKLIN MINT: Thompson Files Suit in E.D. Pennsylvania GIFTED NURSES LLC: Peprah Files Suit in Cal. Super. Ct. HAPPY HEAD INC: Cabrera Files Suit in C.D. California HCA HEALTHCARE: Dekenipp Files Suit in M.D. Tennessee HCA INC: Hudson Files Suit in M.D. Tennessee HOME DEPOT USA: Hussein Files ADA Suit in N.D. Illinois HYUNDAI MOTOR AMERICA: Herrera Suit Removed to D. New Jersey JED C. KAMINETSKY: Vivas Files Suit in S.D. New York LITTLE CAESAR: Vandiver Suit Removed to N.D. Illinois LUCKY 12 LLC: Young Suit Removed to S.D. Indiana MAGNIFIED HEALTH: Orellana Sues Over Failure to Pay Wages MANAGED CARE: Caine Suit Transferred to S.D. Florida MARCS MOBILITY: Williams Files ADA Suit in S.D. New York MARGARITAS HOUSE: Torres Files Suit in Cal. Super. Ct. MDSUPPLIES AND SERVICE: Williams Files ADA Suit in S.D. New York MEDICINE MAN TECHNOLOGIES: Fowler Sues Over Failure to Pay Wages NEXTERA ENERGY: Flores Suit Removed to S.D. California NORTH RIDGE COUNTRY CLUB: Doepken Files Suit in Cal. Super. Ct. OMNI-CHANNEL MARKETING: McCoy Files TCPA Suit in E.D. Arkansas OPICHI FUNDS: Reedy-Randall Files TCPA Suit in E.D. Michigan PITTSBURG WHOLESALE: Thao Files Suit in Cal. Super. Ct. PODESTO'S INCORPORATED: Golde Files Suit in Cal. Super. Ct. PROMETHEUS HOME SERVICES: Stites Files Suit in Mass. Super. Ct. REBEL ATHLETIC: DiMeglio Files ADA Suit in S.D. New York RITE AID: Holland Suit Transferred to E.D. Pennsylvania SAGE HOSPICE LLC: Gonciarz Files FLSA Suit in D. Arizona SEACOR MARINE: Luno FLSA Suit Transferred to E.D. Louisiana SEATTLE PACIFIC: Mercedes Files ADA Suit in S.D. New York SIDLAY UNITED SECURITY: Torres Sues Over Unpaid Overtime Wages SILVERGATE BANK: Bhatia Suit Transferred to S.D. California SMILEDIRECTCLUB: Rodriguez Files TCPA Suit in S.D. Florida SOUTHWESTMEDICAL.COM: Williams Files ADA Suit in S.D. New York SUPERFEET WORLDWIDE: Mercedes Files ADA Suit in S.D. New York TO BOOT NEW YORK: Mercedes Files ADA Suit in S.D. New York UNIVERSITY GAMES: Delacruz Files ADA Suit in S.D. New York VIDA SHOES: Carroll Suit Removed to C.D. California VOLKSWAGEN: Knapp Suit Transferred to N.D. Georgia WMK LLC: Deasy Files Suit in Cal. Super. Ct. YELLOW CORPORATION: Adcock Sues Over WARN Act Violation ZERODRAFT MARYLAND: Raines Files FLSA Suit in W.D. Virginia ********* 3M COMPANY: Smith Sues Over Exposure to Toxic Film-Forming Foams ---------------------------------------------------------------- Michael Smith, and other similarly situated v. 3M COMPANY (f/k/a Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE PLC; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTSLP, as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.), Case No. 2:23-cv-03703-RMG (D.S.C., July 31, 2023), is brought for damages for personal injury resulting from exposure to aqueous film-forming foams ("AFFF") containing the toxic chemicals collectively known as per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane sulfonic acid ("PFOS") and related chemicals including those that degrade to PFOA and/or PFOS. AFFF is a specialized substance designed to extinguish petroleum-based fires. It has been used for decades by military and civilian firefighters to extinguish fires in training and in response to Class B fires. The Defendants collectively designed, marketed, developed, manufactured, distributed, released, trained users, produced instructional materials, promoted, sold, and/or otherwise released into the stream of commerce AFFF with knowledge that it contained highly toxic and bio persistent PFASs, which would expose end users of the product to the risks associated with PFAS. Further, the Defendants designed, marketed, developed, manufactured, distributed, released, trained users, produced instructional materials, promoted, sold and/or otherwise handled and/or used underlying chemicals and/or products added to AFFF which contained PFAS for use in firefighting. PFAS binds to proteins in the blood of humans exposed to the material and remains and persists over long periods of time. Due to their unique chemical structure, PFAS accumulates in the blood and body of exposed individuals. PFAS are highly toxic and carcinogenic chemicals. Defendants knew, or should have known, that PFAS remain in the human body while presenting significant health risks to humans. The Defendants' PFAS-containing AFFF products were used by the Plaintiff in their intended manner, without significant change in the products' condition. Plaintiff was unaware of the dangerous properties of the Defendants' AFFF products and relied on the Defendants' instructions as to the proper handling of the products. Plaintiff's consumption, inhalation and/or dermal absorption of PFAS from Defendant's AFFF products caused Plaintiff to develop the serious medical conditions and complications alleged herein. Through this action, the Plaintiff seeks to recover compensatory and punitive damages arising out of the permanent and significant damages sustained as a direct result of exposure to the Defendants' AFFF products at various locations during the course of Plaintiff's training and firefighting activities. Plaintiff further seeks injunctive, equitable, and declaratory relief arising from the same, says the complaint. The Plaintiff regularly used, and was thereby directly exposed to AFFF in training and during Plaintiff's working career in the military and/or as a civilian and was diagnosed with prostate cancer as a result of exposure to the Defendants' AFFF products. The Defendants are designers, marketers, developers, manufacturers, distributors, releasers, instructors, promotors and sellers of PFAS containing AFFF products or underlying PFAS containing chemicals used in AFFF production.[BN] The Plaintiff is represented by: Douglass A. Kreis, Esq. Bryan F. Aylstock, Esq. Justin G. Witkin, Esq. AYLSTOCK, WITKIN, KREIS & OVERHOLTZ, PLLC 17 East Main Street, Suite 200 Pensacola, FL 32502 Phone: (850) 202-1010 Email: dkreis@awkolaw.com baylstock@awkolaw.com jwitkin@awkolaw.com 3M COMPANY: Upchurch Sues Over Exposure to Toxic Chemicals & Foams ------------------------------------------------------------------ Harry Upchurch, and other similarly situated v. 3M COMPANY (f/k/a Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE PLC; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.), Case No. 2:23-cv-03725-RMG (D.S.C., Aug. 1, 2023), is brought for damages for personal injury resulting from exposure to aqueous film-forming foams ("AFFF") containing the toxic chemicals collectively known as per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane sulfonic acid ("PFOS") and related chemicals including those that degrade to PFOA and/or PFOS. AFFF is a specialized substance designed to extinguish petroleum-based fires. It has been used for decades by military and civilian firefighters to extinguish fires in training and in response to Class B fires. The Defendants collectively designed, marketed, developed, manufactured, distributed, released, trained users, produced instructional materials, promoted, sold, and/or otherwise released into the stream of commerce AFFF with knowledge that it contained highly toxic and bio persistent PFASs, which would expose end users of the product to the risks associated with PFAS. Further, the Defendants designed, marketed, developed, manufactured, distributed, released, trained users, produced instructional materials, promoted, sold and/or otherwise handled and/or used underlying chemicals and/or products added to AFFF which contained PFAS for use in firefighting. PFAS binds to proteins in the blood of humans exposed to the material and remains and persists over long periods of time. Due to their unique chemical structure, PFAS accumulates in the blood and body of exposed individuals. PFAS are highly toxic and carcinogenic chemicals. Defendants knew, or should have known, that PFAS remain in the human body while presenting significant health risks to humans. The Defendants' PFAS-containing AFFF products were used by the Plaintiff in their intended manner, without significant change in the products' condition. Plaintiff was unaware of the dangerous properties of the Defendants' AFFF products and relied on the Defendants' instructions as to the proper handling of the products. Plaintiff's consumption, inhalation and/or dermal absorption of PFAS from Defendant's AFFF products caused Plaintiff to develop the serious medical conditions and complications alleged herein. Through this action, the Plaintiff seeks to recover compensatory and punitive damages arising out of the permanent and significant damages sustained as a direct result of exposure to the Defendants' AFFF products at various locations during the course of Plaintiff's training and firefighting activities. Plaintiff further seeks injunctive, equitable, and declaratory relief arising from the same, says the complaint. The Plaintiff regularly used, and was thereby directly exposed to, AFFF in training and to extinguish fires during his working career as a military and/or civilian firefighter and was diagnosed with thyroid cancer as a result of exposure to the Defendants' AFFF products. The Defendants are designers, marketers, developers, manufacturers, distributors, releasers, instructors, promotors and sellers of PFAS containing AFFF products or underlying PFAS containing chemicals used in AFFF production.[BN] The Plaintiff is represented by: Richard Zgoda, Jr., Esq. Steven D. Gacovino, Esq. GACOVINO, LAKE & ASSOCIATES, P.C. 270 West Main Street Sayville, NY 11782 Phone: 631-600-0000 Facsimile: 631-543-5450 - and - Gregory A. Cade, Esq. Gary A. Anderson, Esq. Kevin B. McKie, Esq. ENVIRONMENTAL LITIGATION GROUP, P.C. 2160 Highland Avenue South Birmingham, AL 35205 Phone: 205-328-9200 Facsimile: 205-328-9456 ABSM LLC: Abante Rooter Files TCPA Suit in N.D. California ---------------------------------------------------------- A class action lawsuit has been filed against ABSM LLC. The case is styled as Abante Rooter and Plumbing, Inc., individually and on behalf of all others similarly situated v. ABSM LLC doing business as: Coastal Debt Resolve, Case No. 3:23-cv-03872-LB (N.D. Cal., Aug. 2, 2023). The lawsuit is brought over alleged violation of the Telephone Consumer Protection Act for Restrictions of Use of Telephone Equipment. ABSM LLC doing business as Coastal Debt Resolve -- https://coastaldebt.com/ -- provides credit counseling, debt settlement, and financial crisis management services for individuals and businesses.[BN] The Plaintiff is represented by: Todd Michael Friedman, Esq. LAW OFFICES OF TODD M. FRIEDMAN 21031 Ventura Blvd., Suite 340 Woodland Hills, CA 91364 Phone: (323) 306-4234 Email: tfriedman@toddflaw.com AGCO CORP: Court Directs Filing of Discovery Plan in NAIC Suit -------------------------------------------------------------- In the class action lawsuit captioned as Nationwide Agribusiness Insurance Company v. AGCO Corporation d/b/a GSI Group, LLC et al., Case No. 1:22-cv-01047-JBM-JEH (C.D. Ill.), the Hon. Judge Jonathan E. Hawley entered a standing order as follows: -- Rule 16 scheduling conference The Court will set a Rule 16 scheduling conference approximately 30 days after the answer or other responsive pleading is filed. The conference will generally be conducted by telephone. -- Discovery plan The discovery plan shall be filed with the Court at least three calendar days before the Rule 16 scheduling conference. -- Waiver of the Rule 16 scheduling conference If the parties agree on all matters contained in the discovery plan, then the parties may waive the Rule 16 scheduling conference. To do so, the parties shall indicate in the discovery that the parties agree upon all maters contained within the discovery plan, and they request that the Rule 16 scheduling conference be cancelled. -- Failure of counsel to attend a scheduled telephone hearing For the convenience of counsel, the Court conducts most hearings by telephone when possible. Counsel's failure to appear for a telephone hearing will be treated as a failure of counsel to appear for an in-person hearing. -- Discovery disputes brought to the Court's attention after the discovery deadline has already passed The parties may not raise a discovery dispute with the Court after the relevant discovery deadline has passed; all discovery disputes must be brought to the Court's attention before the relevant discovery deadline passes. Any discovery disputes raised with the Court after the expiration of the relevant discovery deadline shall be deemed waived by the Court, even if the parties agreed to conduct discovery after the relevant discovery deadline has passed. If the parties agree to conduct discovery after the expiration of a deadline set by the Court, they must still file a motion requesting that the Court move that deadline as agreed by the parties in order to avoid any subsequent discovery disputes being deemed waived. -- Settlement conferences and mediation The parties are encouraged to seek a settlement conference or mediation with a magistrate judge. Where parties request a settlement conference or mediation in a case referred to Judge Hawley, Judge Hawley will conduct said conference or mediation. A copy of the Court's order dated July 21, 2023, is available from PacerMonitor.com at https://bit.ly/3YqCZcl at no extra charge.[CC] AIR CANADA: Blackwood-Pena Sues Over Unpaid Wages ------------------------------------------------- Suzette Blackwood-Pena, on behalf of herself and all other persons similarly situated v. AIR CANADA, Case No. 1:23-cv-05870 (E.D.N.Y., Aug. 2, 2023), is brought on behalf of current and former employees of Defendant who work or have worked for the Defendant in hourly-paid positions in the State of New York and were not paid their wages within seven calendar days after the end of the week in which these wages were earned pursuant to Rule 23 of the Federal Rules of Civil Procedure to recover statutory damages for violations of New York Labor Law ("New York Labor Law"). The Defendant compensated Plaintiff and similarly situated current and former employees of Defendant who work or have worked as customer service agents, cargo workers and in other hourly-paid positions in the State of New York on a bi-weekly basis in violation of New York Labor Law. The Defendant failed to timely pay Plaintiff and similarly situated current and former employees their wages within seven calendar days after the end of the week in which these wages were earned. Thus, Defendant failed to provide timely wages to Plaintiff and similarly situated current and former employees who work or have worked for Defendant in the State of New York in violation of New York Labor Law, says the complaint. The Plaintiff was employed by the Defendant as an hourly-paid customer service agent at LaGuardia Airport from April 6, 2023 to August 1, 2023. The Defendant is Canada's largest airline and is the largest provider of scheduled passenger services in the Canadian market, the Canada U.S. transborder market, and in the international market to and from Canada.[BN] The Plaintiff is represented by: Peter A. Romero, Esq. ROMERO LAW GROUP PLLC 490 Wheeler Road, Suite 250 Hauppauge, NY 11788 Phone: (631) 257-5588 Email: promero@romerolawny.com AMAZON.COM INC: Parties Seek to Extend Class Cert Deadlines ----------------------------------------------------------- In the class action lawsuit captioned as YASMINE MAHONE, an ndividual, and BRANDON TOLE, an individual, on behalf of themselves and all others similarly situated, v. AMAZON.COM, INC., a Delaware corporation, AMAZON.COM SERVICES LLC; a Delaware Limited Liability Company; AMAZON.COM DEDC, LLC; a Delaware Limited Liability Company; and AMAZON.COM KYDC LLC, a Delaware Limited Liability Company, Case No. 2:22-cv-00594-MJP (W.D. Wash.), the Parties jointly stipulate as follows: -- The parties agree and stipulate to extend the time to complete class discovery until August 31, 2023. -- The parties also agree and stipulate that the Plaintiffs' Motion for Class Certification be extended from August 31, 2023, to September 15, 2023. -- The Plaintiffs' Motion for Class Certification is currently due on August 31, 2023. -- Given the noticed 30(b)(6) deposition on for August 22, 2023, the parties have agreed, pending the Court's approval, to continue: (1) the Plaintiffs’ Class Certification motion filing deadline to September 15, 2023; (2) the Defendants' Response to the Motion for Class Certification to November 15, 2023; and (3) the Plaintiffs' Reply to December 15, 2023. Amazon.com is an American multinational technology company focusing on e-commerce, cloud computing, online advertising, digital streaming, and artificial intelligence. A copy of Parties' motion dated July 20, 2023, is available from PacerMonitor.com at https://bit.ly/3DDrAMK at no extra charge.[CC] The Plaintiffs are represented by: Daniel Kalish, Esq. HKM EMPLOYMENT ATTORNEYS LLP 600 Stewart Street, Suite 901 Seattle, WA 98101 Telephone: (206) 826-5354 E-mail: dkalish@hkm.com - and - Brian J. Lawler, Esq. PILOT LAW, P.C. 4632 Mt. Gaywas Dr. San Diego, CA 92117 Telephone: (619) 255-2398 E-mail: blawler@pilotlawcorp.com - and - Gene J. Stonebarger, Esq. STONEBARGER LAW, APC 101 Parkshore Dr., Suite 100 Folsom, CA 95630 Telephone: (916) 235-7140 E-mail: gstonebarger@stonebargerlaw.com - and - Kevin L. Wilson, Esq. KEVIN WILSON LAW PLLC 3110 Horton Avenue Louisville, KY 40220 Telephone: (502) 276-5050 E-mail: kevin@klwilsonlaw.com The Defendants are represented by: Andrew E. Moriarty, Esq. Heather L. Shook, Esq. Shannon McDermott, Esq. PERKINS COIE LLP 1201 Third Avenue, Suite 4900 Seattle, WA 98101-3099 Telephone: (206) 359-8000 Facsimile: (206) 359-9000 E-mail: AMoriarty@perkinscoie.com HShook@perkinscoie.com SMcDermott@perkinscoie.com - and - Jason C. Schwartz, Esq. Brian A. Richman, Esq. Lauren M. Blas, Esq. GIBSON, DUNN & CRUTCHER LLP 1050 Connecticut Avenue, N.W. Washington, D.C. 20036-5306 Telephone: (202) 955-8500 Facsimile: (202) 467-0539 JSchwartz@gibsondunn.com BRichman@gibsondunn.com LBlas@gibsondunn.com AMERICAN DISCOUNT: Williams Files ADA Suit in S.D. New York ----------------------------------------------------------- A class action lawsuit has been filed against American Discount Home Medical Equipment, Inc. The case is styled as Milton Williams, on behalf of himself and all other persons similarly situated v. American Discount Home Medical Equipment, Inc., Case No. 1:23-cv-06788 (S.D.N.Y., Aug. 2, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. American Discount Home Medical Equipment, Inc. offers Medical Equipment in San Jose, CA.[BN] The Plaintiff is represented by: Michael A. LaBollita, Esq. GOTTLIEB & ASSOCIATES 150 E. 18th St., Suite PHR New York, NY 10003 Phone: (212) 228-9795 Email: michael@gottlieb.legal AMERICAN MERCHANDISING: Bid for Conditional Certification Sought ---------------------------------------------------------------- In the class action lawsuit captioned as GUS L. SINGLETON IV, individually and on behalf of all persons similarly situated, v. AMERICAN MERCHANDISING SPECIALISTS, INC., Case No. 5:22-cv-00123-KDB-DCK (W.D.N.C.), the Plaintiff moves the Court to enter an order conditionally certifying a Fair Labor Standards Act (FLSA) collective composed of, and facilitating the sending of written notices to: "all current and former non-exempt employees who were paid by American Merchandising Specialists, Inc. to perform supplier maintenance and merchandising services in the United States between three years from the date of the Court's Order granting conditional certification and the present and were denied proper overtime compensation as a result of the Defendant's willful policies ("Field Service Representatives"). The Plaintiff requests expedited treatment of this motion, as prompt judicial notice will provide the Field Service Representatives the opportunity to participate in this action while they still have claims before the statute of limitations runs. American Merchandising provides retail merchandising and marketing services. A copy of the Plaintiff's motion dated July 21, 2023, is available from PacerMonitor.com at https://bit.ly/3YnnnGy at no extra charge.[CC] The Plaintiff is represented by: Camille Fundora Rodriguez, Esq. Jeffrey L. Osterwise, Esq. Alexandra K. Piazza, Esq. Mariyam Hussain, Esq. Michael J. Anderson, Esq. BERGER MONTAGUE PC 1818 Market Street, Suite 3600 Philadelphia, PA 19103 Telephone: (215) 875-3000 Facsimile: (215) 875-4604 E-mail: crodriguez@bm.net josterwise@bm.net apiazza@bm.net mhussain@bm.net manderson@bm.net AMERICAN MERCHANDISING: Singleton Seeks to Seal Class Cert Exhibits ------------------------------------------------------------------- In the class action lawsuit captioned as GUS L. SINGLETON IV, individually and on behalf of all persons similarly situated, v. AMERICAN MERCHANDISING SPECIALISTS, INC., Case No. 5:22-cv-00123-KDB-DCK (W.D.N.C.), the Plaintiff moves the Court to seal Exhibits 8 and 10 to the Plaintiff's motion for conditional certification and to facilitate notice Pursuant to 29 U.S.C. section 216(b). American Merchandising provides retail merchandising and marketing services. A copy of the Plaintiff's motion dated July 21, 2023 is available from PacerMonitor.com at https://bit.ly/3qjW9nA at no extra charge.[CC] The Plaintiff is represented by: Camille Fundora Rodriguez, Esq. Jeffrey L. Osterwise, Esq. Alexandra K. Piazza, Esq. Mariyam Hussain, Esq. Michael J. Anderson, Esq. BERGER MONTAGUE PC 1818 Market Street, Suite 3600 Philadelphia, PA 19103 Telephone: (215) 875-3000 Facsimile: (215) 875-4604 E-mail: crodriguez@bm.net josterwise@bm.net apiazza@bm.net mhussain@bm.net manderson@bm.net AMERICAN UNIVERSITY: Parties Must File Status Report by August 18 ----------------------------------------------------------------- In the class action lawsuit captioned as Qureshi v. AMERICAN UNIVERSITY, Case No. 1:20-cv-01141 (D.D.C., Filed May 1, 2020), the Hon. Judge Christopher R. Cooper entered an order directing the Parties to file a joint status report by August 18, 2023, informing the Court of the status of settlement discussions and, if appropriate, re-setting relevant discovery and briefing deadlines, including deadlines regarding expert discovery and deadlines for remaining class certification briefing. The nature of suit states Breach of Contract. American University is a private federally chartered research university in Washington, D.C.[CC] ASTON CARTER INC: Bartek Files Suit in Cal. Super. Ct. ------------------------------------------------------ A class action lawsuit has been filed against Aston Carter Inc., et al. The case is styled as Greta Bartek, on behalf of herself, and on behalf of all persons similarly situated, Petitioner v. Aston Carter Inc., Does 1-50, Respondents, Case No. 23CV005885 (Cal. Super. Ct., Sacramento Cty., Aug. 2, 2023). The case type is stated as "Other Employment Complaint Case." Aston Carter -- https://www.astoncarter.com/ -- endelivers world-class professional talent, staffing services, workforce solutions and consulting to help business tackle today's challenges.[BN] BALAJI INVESTMENTS: D.M. Sues Over Unpaid Regular, Overtime Wages ----------------------------------------------------------------- D.M., a minor, through her parent and natural guardian, Fredericka V. Black and those similarly situated v. BALAJI INVESTMENTS, INC., d/b/a DAYS INN, and HARESH JARIWALA, individually, Case No. 0:23-cv-61464-XXXX (S.D. Fla., July 31, 2023), is brought to recover money damages for unpaid regular and overtime wages and retaliation under the laws of the United States, pursuant to the Fair Labor Standards Act ("the Act"). The Plaintiff worked regularly and consistently for more than 40 hours every week. However, the Plaintiff was not paid her regular wages or overtime hours. The Defendants could track the number of hours worked by the Plaintiff, and they knew about the total number of hours worked by the Plaintiff. Therefore, the Defendants willfully failed to pay the Plaintiff overtime at the rate of time and a half her regular rate for every hour that he worked in excess of 40, in violation of the Act. The Plaintiff complained to Defendants about her unpaid wages, every week. However, Plaintiff ignored Plaintiff's complaints. On October 31, 2021, Defendants fired Plaintiff due to her continued complaints about unpaid wages. At the time of her termination, Defendants refused to pay Plaintiff for his first three weeks of work. Therefore, Defendants also willfully failed to pay Plaintiff minimum wages in violation of the Act, says the complaint. The Plaintiff worked for Defendant as a non-exempted, full-time hotel employee. DAYS INN FORT LAUDERDALE is a hotel located in Fort Lauderdale, Florida.[BN] The Plaintiff is represented by: Zandro E. Palma, Esq. ZANDRO E. PALMA, P.A. 9100 S. Dadeland Blvd., Suite 1500 Miami, FL 33156 Phone: (305) 446-1500 Facsimile: (305) 446-1502 Email: zep@thepalmalawgroup.com BEER NUTS INC: Reid Files ADA Suit in S.D. New York --------------------------------------------------- A class action lawsuit has been filed against Beer Nuts, Inc. The case is styled as Nadreca Reid, individually and as the representative of a class of similarly situated persons v. Beer Nuts, Inc., Case No. 1:23-cv-06778 (S.D.N.Y., Aug. 2, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Beer Nuts -- https://beernuts.com/ -- is an American brand of snack food building on the original product, peanuts with a sweet-and-salty glazing.[BN] The Plaintiff is represented by: Dan Shaked, Esq. SHAKED LAW GROUP, P.C. 14 Harwood Court, Suite 415 Scarsdale, NY 10583 Phone: (917) 373-9128 Email: shakedlawgroup@gmail.com BILLARDS.COM INC: Crumwell Files ADA Suit in S.D. New York ---------------------------------------------------------- A class action lawsuit has been filed against Billards.com Inc. The case is styled as Denise Crumwell, on behalf of herself and all other persons similarly situated v. Billards.com Inc., Case No. 1:23-cv-06696 (S.D.N.Y., July 31, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Billards.com Inc. -- https://www.billiards.com/ -- offers cues, balls, cases, accessories, & more.[BN] The Plaintiff is represented by: Dana Lauren Gottlieb, Esq. GOTTLIEB & ASSOCIATES 150 E. 18 St., Suite PHR New York, NY 10003 Phone: (212) 228-9795 Fax: (212) 982-6284 Email: danalgottlieb@aol.com BMW MANUFACTURING CO: Clark Suit Transferred to N.D. Georgia ------------------------------------------------------------ The case styled as Ryan Charles Clark, Kristen Luiz v. BMW Manufacturing Co LLC, Case No. 7:23-cv-03151 was transferred from the U.S. District Court for the District of South Carolina, to the U.S. District Court for the Northern District of Georgia on Aug. 2, 2023. The District Court Clerk assigned Case No. 1:23-cv-03434-ELR to the proceeding. The nature of suit is stated as Motor Vehicle Prod. Liability. BMW Manufacturing Co., LLC manufactures automobiles. The Company produces sport activity vehicles for the automotive markets worldwide.[BN] The Plaintiff is represented by: Ann K. Ritter, Esq. Kevin R. Dean, Esq. Lance Oliver, Esq. Sara O. Couch, Esq. MOTLEY RICE LLC 28 Bridgeside Blvd. Mt. Pleasant, SC 29464 Phone: (843) 216-9166 Email: aritter@motleyrice.com kdean@motleyrice.com loliver@motleyrice.com scouch@motleyrice.com BRIAN T. MOYNIHAN: Seafarers Pension Files Suit in Del. Chancery Ct ------------------------------------------------------------------- A class action lawsuit has been filed against Brian T. Moynihan, et al. The case is styled as The Seafarers Pension Plan, and other similarly situated persons v. Brian T. Moynihan, Alastair Borthwick, Arnold W. Donald, Clayton S. Rose, Dean C. Athanasia, Denise L. Ramos, Frank P. Bramble Sr., Geoffrey S. Greener, Jack O. Bovender Jr., Jos E. Almeida, Lauren Mogensen, Linda P. Hudson, Lionel L. Nowell III, Maria T. Zuber, Michael D. White, Monica C. Lozano, Paul M. Donofrio, Pierre J. P. de Weck, R. David Yost, Sharon L. Allen, Susan S. Bies, Thomas D. Woods, Thomas J. May, Thomas K. Montag; Bank of America Corporation, Bank of America, N.A., Nominal Defendants, Case No. 2023-0787-JTL (Del. Chancery Ct., Aug. 2, 2023). The case type is stated as "Breach of Fiduciary Duties." Brian Thomas Moynihan is an American investment banker, businessman and the chairman and CEO of Bank of America.[BN] The Plaintiff is represented by: Seth D. Rigrodsky, Esq. Rigrodsky Law, P.A. 825 East Gate Blvd., Suite 300 Garden City, NY 11530 Phone: (302) 295-5310 Email: sdr@rl-legal.com CAPITAL CORRUGATED: Harris Files Suit in Cal. Super. Ct. -------------------------------------------------------- A class action lawsuit has been filed against Capital Corrugated, LLC, et al. The case is styled as Janet Harris, on behalf of all other similarly situated, Petitioner v. Capital Corrugated, LLC, Capital Corrugated & Carton, Does 1-10, Respondents, Case No. 23CV005722 (Cal. Super. Ct., Sacramento Cty., July 31, 2023). The case type is stated as "Other Employment Complaint Case." Capital Corrugated -- www.capitalcorrugated.com -- is a packaging manufacturer of corrugated boxes and folding cartons.[BN] CIRQUE DU SOLEIL: Harris Files Suit in Cal. Super. Ct. ------------------------------------------------------ A class action lawsuit has been filed against Cirque Du Soleil America Newco, Inc., et al. The case is styled as Janet Harris, and on behalf of all others similarly situated, Petitioner v. Cirque Du Soleil America Newco, Inc., Does 1 through 10, Respondents, Case No. 23CV005711 (Cal. Super. Ct., Sacramento Cty., July 31, 2023). The case type is stated as "Other Employment Complaint Case." Cirque Du Soleil Holding USA Newco, Inc. -- https://www.cirquedusoleil.com/ -- operates as a holding company. The Company, through its subsidiaries, organizes and manages arena and theatre circus shows.[BN] COMMONWEALTH HEALTH: Maziarz Suit Removed to M.D. Pennsylvania -------------------------------------------------------------- The case styled as Robert Maziarz, Colleen Maziarz, individually and on behalf of all others similarly situated v. Commonwealth Health Physician Network – Cardiology also known as: Great Valley Cardiology, Scranton Cardiovascular Physician Services, LLC, Case No. 23-02840 was removed from the Lackawanna County Court of Common Pleas, to the U.S. District Court for the Middle District of Pennsylvania on Aug. 1, 2023. The District Court Clerk assigned Case No. 3:23-cv-01279-MWB to the proceeding. The nature of suit is stated as Other P.I. for Personal Injury. Commonwealth Health Physician Network – Cardiology also known as Great Valley Cardiology Assocs is a medical group practice located in Scranton, PA that specializes in Cardiology and Nursing (Nurse Practitioner).[BN] The Plaintiff is represented by: Patrick Howard, Esq. SALTZ MONGELUZZI BARRETT & BENDESKY 1650 Market St., 52nd Floor One Liberty Place Philadelphia, PA 19103 Phone: (215) 575-3986 Fax: (215) 496-0999 Email: phoward@smbb.com - and - Raina C Borrelli TURKE & STRAUSS LLP 613 Williamson St., Suite 201 Madison, WI 53703 Phone: (608) 237-1775 Fax: (608) 509-4423 Email: raina@turkestrauss.com The Defendants are represented by: Michael S. Friedman, Esq. JACKSON LEWIS LLP Three Parkway 1601 Cherry Street, Suite 1350 Philadelphia, PA 19102 Phone: (267) 319-7812 Email: michael.friedman@jacksonlewis.com CRACKER BARREL: Bishop Files Suit in Cal. Super. Ct. ---------------------------------------------------- A class action lawsuit has been filed against Cracker Barrel Old Country Store, Inc., et al. The case is styled as Anthony Bishop, on behalf of other members of the general public similarly situated, Petitioner v. Cracker Barrel Old Country Store, Inc., CBOCS West, Inc., Does 1-10, Respondents, Case No. 23CV005724 (Cal. Super. Ct., Sacramento Cty., July 31, 2023). The case type is stated as "Other Employment Complaint Case." Cracker Barrel Old Country Store, Inc., doing business as simply Cracker Barrel -- http://www.crackerbarrel.com/-- is an American chain of restaurant and gift stores with a Southern country theme.[BN] CRACKER BARREL: Minor Sues Over Unpaid Minimum, Overtime Wages -------------------------------------------------------------- George Green Minor, individually. and on behalf of other members of the general public similarly situated v. CRACKER BARREL OLD COUNTRY STORE, INC., a Tennessee corporation; and DOES I through 25, inclusive, CIVSB2318116 (Cal. Super. Ct., San Bernardino Cty., Aug. 1, 2023), is brought pursuant to the California Labor code and the applicable IWC Wage Order as a result of the Defendants failure to pay proper minimum and overtime wages. The Defendants hired Plaintiff and the other class members but failed to properly pay them all overtime wages and minimum wages for all hours worked, failed to provide all meal and rest breaks to which they were entitled, failed to timely pay all wages upon termination of employment, failed to provide accurate wage statements, failed to reimburse necessary business-related expenses and failed to adhere to other related protections afforded by the California Labor Code and applicable Industrial Welfare Commission Wage Order, says the complaint. The Plaintiff was employed by the Defendants as a non-exempt, hourly-paid employee. CRACKER BARREL OLD COUNTRY STORE, INC., was and is a Tennessee corporation.[BN] The Plaintiff is represented by: Jonathan M. Genish, Esq. Miriam Schimmel, Esq. Joana Fang, Esq. BLACKSTONE LAW, APC 8383 Wilshire Boulevard, Suite 745 Beverly Hills, CA 9021 1 Phone: (310) 622-4278 Email: jgenish@blackstonepc.com mschimmel@blackstonepc.com jfang@blackstonepc.com CREDIT SUISSE: Calhoun Suit Transferred to S.D. New York -------------------------------------------------------- The case styled as Patrick Calhoun, individually and on behalf of all others similarly situated; Plaintiff, Michael J. Ross, Lead Plaintiff; Chung Lai Ken Ng, Paul Yang, Jun Wang, Ali Diabat, Xiyi Wang, Mehmet Resit As, Core Capital Partners, Ltd., Movants v. CREDIT SUISSE GROUP AG, AXEL P. LEHMANN, ULRICH KORNER, and DIXIT JOSHI, Case No. 1:23-cv-01297 was transferred from the U.S. District Court for the District of New Jersey, to the U.S. District Court for the Southern District of New York on July 31, 2023. The District Court Clerk assigned Case No. 1:23-cv-06023-DLC to the proceeding. The nature of suit is stated Securities/Commodities for Securities Exchange Act. Credit Suisse Group AG -- https://www.credit-suisse.com/ch/en.html -- is a global investment bank and financial services firm founded and based in Switzerland.[BN] The Plaintiff is represented by: Lisa J. Rodriguez, Esq. RODRIGUEZ & RICHARDS, L.L.C. 3 Kings Highway East Haddonfield, NJ 08033 Phone: (856) 795-9002 - and - Jeremy Alan Lieberman, Esq. Joseph Alexander Hood, II, Esq. Thomas H. Przybylowski, Esq. POMERANTZ LLP 600 Third Avenue, 20th Floor New York, NY 10016 Phone: (212) 661-1100 Facsimile: (917) 463-1044 Email: jalieberman@pomlaw.com ahood@pomlaw.com tprzybylowski@pomlaw.com The Defendant is represented by: Edward Nathaniel Moss, Esq. Herbert Scott Washer, Esq. Jason Michael Hall, Esq. Lauren Riddell, Esq. CAHILL GORDON & REINDEL LLP 32 Old Slip New York, NY 10005 Phone: (212) 701-3838 Email: EMoss@cahill.com hwasher@cahill.com jhall@cahill.com lriddell@cahill.com - and - Guillermo Carlo Artiles, Esq. Jose Luis Linares, Esq. MCCARTER & ENGLISH LLP Four Gateway Center 100 Mulberry Street Newark, NJ 07102 Phone: (973) 639-7950 - and - Mark M. Makhail, Esq. MCCARTER & ENGLISH, LLP 4 Gateway Center 100 Mulberry St. Newark, NJ 07102 Phone: (973) 639-2092 Email: mmakhail@mccarter.com CURIOSITY INC: Dhruva Sues Over Unlawful Sharing of Sensitive Data ------------------------------------------------------------------ Rohan Dhruva, individually and on behalf of all others similarly situated v. CURIOSITY INC., Case No. 5:23-cv-03863 (N.D. Cal., Aug. 1, 2023), is brought against the Defendant for violating the Video Privacy Protect Act ("VPPA") by collecting and sharing highly-specific and sensitive information about consumers' video consumption habits without their consent. The Defendant violated the VPPA by knowingly disclosing personally identifiable information ("PII")--including a record of every documentary video consumed by Plaintiff and class members--to unrelated third parties without their consent. The Defendant installed computer code on its website, called the "Meta Tracking Pixel," which tracks and records Plaintiff and Class members' private video consumption. Behind the scenes of the webpages that display videos—and unbeknownst to video viewers—this code collects Plaintiff and class members' video-watching history and discloses it to Meta Platforms, Inc. ("Meta" or "Facebook"). Meta, in turn, uses Plaintiff and class members' video consumption habits to deliver targeted advertisements to them, says the complaint. The Plaintiff created a CuriosityStream.com account and began paying for a subscription to watch videos on the website in 2021. The Defendant develops, owns, and operates CuriosityStream.com, which is used throughout California and the United States.[BN] The Plaintiff is represented by: L. Timothy Fisher, Esq. Neal J. Deckant, Esq. Stefan Bogdanovich, Esq. BURSOR & FISHER, P.A. 1990 North California Blvd., Suite 940 Walnut Creek, CA 94596 Phone: (925) 300-4455 Facsimile: (925) 407-2700 Email: ltfisher@bursor.com ndeckant@bursor.com sbogdanovich@bursor.com DME SUPPLY USA: Williams Files ADA Suit in S.D. New York -------------------------------------------------------- A class action lawsuit has been filed against DME Supply USA, LLC. The case is styled as Milton Williams, on behalf of himself and all other persons similarly situated v. DME Supply USA, LLC, Case No. 1:23-cv-06690 (S.D.N.Y., July 31, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. DME Supply USA, LLC -- https://dmesupplyusa.com/ -- is an online source for discounted medical supplies and durable medical equipment at wholesale prices.[BN] The Plaintiff is represented by: Jeffrey Michael Gottlieb, Esq. Michael A. LaBollita, Esq. GOTTLIEB & ASSOCIATES 150 E. 18th St., Suite PHR New York, NY 10003 Phone: (212) 228-9795 Email: michael@gottlieb.legal nyjg@aol.com DORNOCH INC: Tareen Files Suit in Cal. Super. Ct. ------------------------------------------------- A class action lawsuit has been filed against Dornoch Inc., et al. The case is styled as Baktash Tareen, in his representative capacity on behalf of himself, the State of California, and all other similarly situated current and former aggrieved employees v. Dornoch Inc., Brian Nokes, Thomas Nokes, Case No. STK-CV-UOE-2023-0008133 (Cal. Super. Ct., San Joaquin Cty., July 31, 2023). The case type is stated as "Unlimited Civil Other Employment." Dornoch has been helping healthcare facilities responsibly manage potentially infectious fluids since 1997.[BN] The Plaintiff is represented by: Harris Emran, Esq. EMRAN LAW FIRM 415 Mission St., Fl. 37 San Francisco, CA 94105-2598 Phone: 415-890-0041 Email: harris@emranlaw.com EBY LLC: Wright Files TCPA Suit in E.D. Pennsylvania ---------------------------------------------------- A class action lawsuit has been filed against EBY, LLC. The case is styled as Lawrence Wright, on behalf of himself and all others similarly situated v. EBY, LLC, Case No. 2:23-cv-02921-KBH (E.D. Pa., July 31, 2023). The lawsuit is brought over alleged violation of the Telephone Consumer Protection Act for Restrictions of Use of Telephone Equipment. EBY -- https://shop.join-eby.com/ -- is a membership-based company driving profits with purpose.[BN] The Plaintiff is represented by: Max S. Morgan, Esq. WEITZ FIRM LLC 1515 Market St., Ste. 1100 Philadelphia, PA 19102 Phone: (267) 587-6240 Fax: (215) 689-0875 Email: max.morgan@theweitzfirm.com ENVOY AIR INC: Pietri Files Suit in Cal. Super. Ct. --------------------------------------------------- A class action lawsuit has been filed against Envoy Air, Inc., et al. The case is styled as Brianna Camacho Pietri, and on behalf of all others similarly situated, Petitioner v. Envoy Air, Inc., DOES 1 through 50, Respondents, Case No. 23CV005922 (Cal. Super. Ct., Sacramento Cty., Aug. 2, 2023). The case type is stated as "Other Employment Complaint Case." Envoy Air -- http://www.envoyair.com/-- is an American regional airline headquartered in Irving, Texas, in the Dallas–Fort Worth metroplex.[BN] NOTE: There are no professionals stated in the doc. EXPERIAN INFORMATION: Humphrey Files FCRA Suit in C.D. California ----------------------------------------------------------------- A class action lawsuit has been filed against Experian Information Solutions, Inc. The case is styled as Deanna Humphrey, individually and on behalf of a class of similarly situated persons v. Experian Information Solutions, Inc., Case No. 8:23-cv-01378-FWS-ADS (C.D. Cal., Aug. 1, 2023). The lawsuit is brought over alleged violation of the Fair Credit Reporting Act. Experian Information Solutions, Inc. -- https://www.experian.com/ -- operates as an information services company. The Company offers credit information, analytical tools, and marketing services.[BN] The Plaintiff is represented by: David James McGlothlin, Esq. KAZEROUNI LAW GROUP APC 301 East Bethany Home Road, Suite C-195 Phoenix, AZ 85012 Phone: (800) 400-6808 Fax: (800) 520-5523 Email: ryan@kazlg.com - and - Philip Ross Goldberg, Esq. SERAPH LEGAL PA 11045 Camarillo Street, No. 116 North Hollywood, CA 91602 Phone: (773) 388-2784 Fax: (877) 205-4380 Email: pgoldberg@seraphlegal.com FIRSTENERGY: Discovery Ongoing in Securities Class Suits --------------------------------------------------------- FirstEnergy Corp. disclosed in its Form 10-Q Report for the quarterly period ending June 30, 2023 filed with the Securities and Exchange Commission on August 1, 2023, that discovery is ongoing for the consolidated securities class suits. On July 28, 2020 and August 21, 2020, purported stockholders of FE filed putative class action lawsuits alleging violations of the federal securities laws. Those actions have been consolidated and a lead plaintiff, the Los Angeles County Employees Retirement Association, has been appointed by the court. A consolidated complaint was filed on February 26, 2021. The consolidated complaint alleges, on behalf of a proposed class of persons who purchased FE securities between February 21, 2017 and July 21, 2020, that FE and certain current or former FE officers violated Sections 10(b) and 20(a) of the Exchange Act by issuing misrepresentations or omissions concerning FE's business and results of operations. The consolidated complaint also alleges that FE, certain current or former FE officers and directors, and a group of underwriters violated Sections 11, 12(a)(2) and 15 of the Securities Act of 1933 as a result of alleged misrepresentations or omissions in connection with offerings of senior notes by FE in February and June 2020. On March 30, 2023, the court granted plaintiffs' motion for class certification. On April 14, 2023, FE filed a petition in the U.S. Court of Appeals for the Sixth Circuit seeking to appeal that order. Discovery is ongoing. FE believes that it is probable that it will incur a loss in connection with the resolution of this lawsuit. Given the ongoing nature and complexity of such litigation, FE cannot yet reasonably estimate a loss or range of loss. Headquartered in Akron, Ohio, FirstEnergy Corp. operates as a public utility holding company. FL ACQUISITIONS LLC: Martin Files ADA Suit in E.D. New York ----------------------------------------------------------- A class action lawsuit has been filed against FL Acquisitions, LLC. The case is styled as Damian Martin, on behalf of himself and all others similarly situated v. FL Acquisitions, LLC, Case No. 1:23-cv-05824 (E.D.N.Y., Aug. 1, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. FL Acquisitions, LLC is a Florida Limited Liability company located in Orlando, Florida.[BN] The Plaintiff is represented by: Mark Rozenberg, Esq. STEIN SAKS, PLLC One University Plaza, Suite 620 Hackensack, NJ 07601 Phone: (201) 282-6500 Email: mrozenberg@steinsakslegal.com FRANKLIN MINT: Thompson Files Suit in E.D. Pennsylvania ------------------------------------------------------- A class action lawsuit has been filed against Franklin Mint Federal Credit Union. The case is styled as Tina Thompson, on behalf of herself and all others similarly situated v. Franklin Mint Federal Credit Union, Case No. 2:23-cv-02931-KNS (E.D. Pa., July 31, 2023). The nature of suit is stated as Other Personal Property for Property Damage. Franklin Mint Federal Credit Union -- https://www.fmfcu.org/ -- offers financial products and services, wealth management and other banking services to its customers.[BN] The Plaintiff is represented by: Nicholas Sandercock, Esq. SIRI & GLIMSTAD LLP 745 Fifth Ave., Suite 500 New York, NY 10151 Phone: (212) 532-1091 Fax: (610) 820-6006 Email: nsandercock@sirillp.com GIFTED NURSES LLC: Peprah Files Suit in Cal. Super. Ct. ------------------------------------------------------- A class action lawsuit has been filed against Gifted Nurses, LLC. The case is styled as Michael Peprah, on behalf of himself and others similarly situated v. Gifted Nurses, LLC, Case No. 23CV039480 (Cal. Super. Ct., Alameda Cty., July 31, 2023). The case type is stated as "Other Employment Complaint Case." Gifted Nurses, LLC doing business as Gifted Healthcare -- https://www.giftedhealthcare.com/ -- is a healthcare staffing agency that provides access to thousands of travel, local, per diem, LTAC, government, and school-based assignments in premier healthcare facilities and school systems from coast to coast.[BN] The Plaintiff is represented by: Ashkan Yonathan Shakouri, Esq. SHAKOURI LAW FIRM 11601 Wilshire Blvd., Fl. 5 Los Angeles, CA 90025-1995 Phone: 310-575-1827 Fax: 310-575-1890 Email: ash@shakourilawfirm.com HAPPY HEAD INC: Cabrera Files Suit in C.D. California ----------------------------------------------------- A class action lawsuit has been filed against Happy Head, Inc. The case is styled as Luis Cabrera, individually and on behalf of all others similarly situated v. Happy Head, Inc., Case No. 2:23-cv-06194-HDV-BFM (C.D. Cal., Aug. 1, 2023). The nature of suit is stated as Consumer Credit for Other Contract. Happy Head -- https://www.happyhead.com/ -- is a custom-formulated telemedicine brand for customized hair medicine and treatments.[BN] The Plaintiff is represented by: Scott Edelsberg, Esq. EDELSBERG LAW 1925 Century Park East, Suite 1700 Los Angeles, CA 90067 Phone: (305) 975-3320 Email: scott@edelsberglaw.com HCA HEALTHCARE: Dekenipp Files Suit in M.D. Tennessee ----------------------------------------------------- A class action lawsuit has been filed against HCA Healthcare, Inc. The case is styled as Arthur Dekenipp, individually and on behalf of all others similarly situated v. HCA Healthcare, Inc., Case No. 3:23-cv-00785 (M.D. Tenn., July 31, 2023). The nature of suit is stated as Other Personal Property for Property Damage. HCA Healthcare -- https://hcahealthcare.com/ -- is an American for-profit operator of health care facilities that was founded in 1968.[BN] The Plaintiff is represented by: Jalle H. Dafa, Esq. Michael W. Sobol, Esq. LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP (SAN FRANCISCO) 275 Battery Street, 29th Floor San Francisco, CA 94111-3339 Phone: (415) 956-1000 Email: jdafa@lchb.com msobol@lchb.com - and - Jason Lichtman, Esq. LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP 250 Hudson Street, 8th Floor New York, NY 10013-1413 Phone: (212) 355-9500 Email: jlichtman@lchb.com - and - Kenneth S. Byrd, Esq. Mark P. Chalos, Esq. LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP (NASHVILLE OFFICE) 222 2nd Avenue South, Suite 1640 Nashville, TN 37201 Phone: (615) 313-9000 Fax: (615) 313-9965 Email: kbyrd@lchb.com mchalos@lchb.com HCA INC: Hudson Files Suit in M.D. Tennessee -------------------------------------------- A class action lawsuit has been filed against HCA Inc., et al. The case is styled as Angeline Hudson, on behalf of herself and all others similarly situated v. HCA Inc., HCA Healthcare, Inc., Case No. 3:23-cv-00789 (M.D. Tenn., Aug. 1, 2023). The nature of suit is stated as Other Contract for Property Damage. HCA Healthcare -- http://www.hcahealthcare.com/-- is an American for-profit operator of health care facilities that was founded in 1968.[BN] The Plaintiff is represented by: Brian C. Gudmundson, Esq. Charles R. Toomajian III, Esq. Email: brian.gudmundson@zimmreed.com charles.toomajian@zimmreed.com - and - James Gerard Stranch, IV, Esq. STRANCH, JENNINGS & GARVEY, PLLC 223 Rosa L. Parks Avenue Freedom Building, Ste. 200 Nashville, TN 37203 Phone: (615) 254-8801 Fax: (615) 250-3937 Email: gstranch@stranchlaw.com HOME DEPOT USA: Hussein Files ADA Suit in N.D. Illinois ------------------------------------------------------- A class action lawsuit has been filed against Home Depot U.S.A., Inc. The case is styled as Sumaya Hussein, on behalf of herself and all others similarly situated v. Home Depot U.S.A., Inc., Case No. 1:23-cv-04988 (D.N.J., July 31, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. The Home Depot, Inc., commonly known as Home Depot -- https://www.homedepot.com/ -- is the largest home improvement retailer in the United States, supplying tools, construction products, and services.[BN] The Plaintiff is represented by: Yaakov Saks, Esq. STEIN SAKS, PLLC One University Plaza, Suite 620 Hackensack, NJ 07601 Phone: (201) 282-6500 Fax: (201) 282-6501 Email: ysaks@steinsakslegal.com HYUNDAI MOTOR AMERICA: Herrera Suit Removed to D. New Jersey ------------------------------------------------------------ The case captioned as Carlos Herrera, on behalf of himself and all others similarly situated v. HYUNDAI MOTOR AMERICA, Case No. HUD-L-000579-23 was removed from the Superior Court of New Jersey, Hudson County, to the United States District Court for the District of New Jersey on Aug. 2, 2023, and assigned Case No. 2:23-cv-04138-WJM-AME. Among the claims asserted, Plaintiff's Complaint seeks to secure injunctive relief for alleged violations of the Americans with Disabilities Act (the "ADA").[BN] The Defendants are represented by: Steven J. Luckner, Esq. OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 10 Madison Avenue, Suite 400 Morristown, NJ 07960 Phone: (973) 656-1600 Facsimile: (973) 656-1611 Email: steven.luckner@ogletree.com JED C. KAMINETSKY: Vivas Files Suit in S.D. New York ---------------------------------------------------- A class action lawsuit has been filed against Jed C. Kaminetsky, M.D., P.C. The case is styled as Andres Vivas, on behalf of himself and all others similarly situated v. Jed C. Kaminetsky, M.D., P.C. doing business as University Urology, Case No. 1:23-cv-06652 (S.D.N.Y., July 31, 2023). The nature of suit is stated as Other Personal Property for Property Damage. Dr. Jed Kaminetsky -- https://nyulangone.org/doctors/1952378598/jed-kaminetsky -- is a urologist in New York City specializing in treating conditions affecting the urinary tract in men and sometimes women.[BN] The Plaintiff is represented by: Mason Adams Barney, Esq. SIRI & GLIMSTAD LLP 745 Fifth Ave., Suite 500 New York, NY 10151 Phone: (212) 532-1091 Email: mbarney@sirillp.com LITTLE CAESAR: Vandiver Suit Removed to N.D. Illinois ----------------------------------------------------- The case captioned as Jessica Vandiver, individually and on behalf of all others similarly situated v. LITTLE CAESAR ENTERPRISES, INC., Case No. 2023-LA-0000225 was removed from the Circuit Court of the Seventeenth Judicial District for Winnebago County, Illinois, to the United States District Court for the Northern District of Illinois on Aug. 2, 2023, and assigned Case No. 3:23-cv-50286. The Plaintiff alleges that LCE violated the Illinois Biometric Information Privacy Act ("BIPA") because LCE purportedly collected, stored, used, and disseminated the unique biometric identifiers of Plaintiff without informing her in writing that LCE was collecting her fingerprint and obtaining her consent to do so.[BN] The Defendants are represented by: Lazar Raynal, Esq. Tatum Ellis, Esq. KING & SPALDING LLP 110 N. Wacker Dr., Suite 3800 Chicago, IL 60606 Phone: 312.995.6333 Email: lraynal@kslaw.com tellis@kslaw.com LUCKY 12 LLC: Young Suit Removed to S.D. Indiana ------------------------------------------------ The case captioned as Ashley Young, and others similarly situated v. LUCKY 12, LLC, HALEY YOUNT, and JOHN E. JANUSIEWICZ, Case No. 49D13-2307-CT-026703 was removed from the Marion Superior Court, to the United States District Court for the Southern District of Indiana on July 31, 2023, and assigned Case No. 1:23-cv-01339-JMS-TAB. On July 6, 2023, the Plaintiff filed her Class & Collective Action Complaint for Damages and Injunctive Relief, and Request for Jury Trial seeking to recover damages alleged suffered as a result of the Defendants' alleged violations of the Fair Labor Standards Act ("FLSA"), which allegedly took place between August 2016 through September 2022.[BN] The Defendants are represented by: Terrance Kinnard, Esq. KINNARD ROWLEY POWERS JIMENEZ 320 N. Meridian St., Ste. 1006 Indianapolis, IN 46204 Phone: 317-855-6282 Facsimile: 317-855-6284 1 Email: tkinnard@krpjlaw.com MAGNIFIED HEALTH: Orellana Sues Over Failure to Pay Wages --------------------------------------------------------- Moris Orellana, an individual, on behalf of himself, all other aggrieved employees, and the general public v. MAGNIFIED HEALTH SYSTEMS WEST LLC; a Delaware limited liability company; MARIPOSA DETOX CENTER LLC, a California limited liability company; MARIPOSA DETOX CENTER II LLC, a California limited liability company; PHASE TWO ATC LLC, a California limited liability company; and DOES 1 THROUGH 100, inclusive, Case No. 23STCV18036 (Cal. Super. Ct., Los Angeles Cty., July 31, 2023), is brought based on the Defendants' policy and practice of failing, among other things, to provide legally compliant meal and rest breaks, denying earned wages, including overtime pay, and failing to provide accurate wage statements from May 23, 2022 to the present ("Relevant Time Period"). In particular, Defendants fail to provide timely and adequate meal and rest breaks, fail to timely compensate employees for all wages earned, and fail to properly and accurately calculate overtime and report wages earned, hours worked, and wage rates. The Defendants' compensation scheme did not fully compensate Plaintiff with at least minimum wages and/or designated rates for all hours worked. With certain defined exceptions, Defendants' compensation scheme did not fully compensate Plaintiff with overtime compensation for all overtime hours worked. As a matter of policy and/or practice, the Defendants failed to provide Plaintiff with adequate off-duty meal periods and meal period compensation, failed to provide Plaintiff with paid rest periods and rest period compensation, knowingly and intentionally utilized a timekeeping system, which failed to compensate Plaintiff for all hours worked, knowingly and intentionally provided Plaintiff with wage statements that, among others, do not show all wages earned, all hours worked, or all applicable rates all in violation of Labor Codes and IWC Wage Order, says the complaint. The Plaintiff was employed as a Medical Assistant and worked at Magnified's drug and alcohol treatment centers in Encino, California and Hollywood, California. The Defendants owned and/or operated drug and alcohol rehabilitation centers.[BN] The Plaintiff is represented by: Michael H. Boyamian, Esq. BOYAMIAN LAW, INC. 550 North Brand Boulevard, Suite 1500 Glendale, CA 91203-1922 Phone: 818.5475300 Facsimile: 818.547,5678 Email: michael@boyamianlaw.com MANAGED CARE: Caine Suit Transferred to S.D. Florida ---------------------------------------------------- The case styled as Blaeten Caine, individually and on behalf of all others similarly situated v. Managed Care of North America Inc., MCNA Insurance Company, MCNA Health Care Holdings Inc., Case No. 7:23-cv-03437 was transferred from the U.S. District Court for the District of South Carolina, to the U.S. District Court for the Southern District of Florida on Aug. 1, 2023. The District Court Clerk assigned Case No. 0:23-cv-61475-DMM to the proceeding. The nature of suit is stated as Other Contract. Managed Care of North America, Inc., doing business as MCNA Dental -- https://www.mcna.net/ -- provides dental plans. The Company offers medicare, long term, and commercial plans.[BN] MARCS MOBILITY: Williams Files ADA Suit in S.D. New York -------------------------------------------------------- A class action lawsuit has been filed against Marcs Mobility, LLC. The case is styled as Milton Williams, on behalf of himself and all other persons similarly situated v. Marcs Mobility, LLC, Case No. 1:23-cv-06789 (S.D.N.Y., Aug. 2, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Marcs Mobility -- https://marcsmobility.com/ -- offers electric wheelchairs and electric scooters including wheelchair ramps and lifts.[BN] The Plaintiff is represented by: Michael A. LaBollita, Esq. GOTTLIEB & ASSOCIATES 150 E. 18th St., Suite PHR New York, NY 10003 Phone: (212) 228-9795 Email: michael@gottlieb.legal MARGARITAS HOUSE: Torres Files Suit in Cal. Super. Ct. ------------------------------------------------------ A class action lawsuit has been filed against Margaritas House Cleaning Inc. and Janitorial Services. The case is styled as Guadalupe Mireya Gonzalez Torres, on behalf of herself and on behalf of all persons similarly situated v. Margaritas House Cleaning Inc. and Janitorial Services., Case No. STK-CV-UOE-2023-0008227 (Cal. Super. Ct., San Joaquin Cty., Aug. 2, 2023). The case type is stated as "Unlimited Civil Other Employment." Margaritas House Cleaning Inc. and Janitorial Services is a house cleaning service in Tracy, California.[BN] The Plaintiff is represented by: Harris Emran, Esq. EMRAN LAW FIRM 415 Mission St., Fl. 37 San Francisco, CA 94105-2598 Phone: 415-890-0041 Email: harris@emranlaw.com MDSUPPLIES AND SERVICE: Williams Files ADA Suit in S.D. New York ---------------------------------------------------------------- A class action lawsuit has been filed against Mdsupplies And Service Inc. The case is styled as Milton Williams, on behalf of himself and all other persons similarly situated v. Mdsupplies And Service Inc., Case No. 1:23-cv-06691 (S.D.N.Y., July 31, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. MDSupplies -- https://www.mdsupplies.com/ -- is a medical supply store selling medical supplies, discount medical supplies and medical equipment online from leading manufacturers and brands.[BN] The Plaintiff is represented by: Jeffrey Michael Gottlieb, Esq. Michael A. LaBollita, Esq. GOTTLIEB & ASSOCIATES 150 E. 18th St., Suite PHR New York, NY 10003 Phone: (212) 228-9795 Email: michael@gottlieb.legal nyjg@aol.com MEDICINE MAN TECHNOLOGIES: Fowler Sues Over Failure to Pay Wages ---------------------------------------------------------------- Justin Fowler, and all others similarly situated v. MEDICINE MAN TECHNOLOGIES, INC., d/b/a/ SCHWAZZE, SCHWAZZE NEW MEXICO, LLC, and R. GREENLEAF ORGANICS, INC., Case No. 1:23-cv-00640 (D.N.M., Aug. 1, 2023), is brought under the Fair Labor Standards Act (FLSA) and as both a collective and class action pursuant to the New Mexico Minimum Wage Act (NMMWA) and under New Mexico common law, against the Defendants because of the Defendants' failure to pay wages in accordance with the FLSA and NMMWA. As a budtender, Defendants pay Plaintiff at an hourly rate of $15.75 per hour. Plaintiff also customarily and regularly earns more than $30 per month in tips. Supervisors oversee the budtenders and work in the back office conducting inventory and completing paperwork, among other managerial tasks. Upon information and belief, supervisors earn $18.75 per hour, plus tips. Pursuant to company-wide policy and practice, Defendants use a mandatory tip pool system to distribute tips, both cash and debit, to employees. Pursuant to company-wide policy and practice, cash tips are distributed to employees daily. At the end of each workday, the cash tips are pooled and divided among the budtenders and supervisors in proportion to the total number of hours each employee worked that day. Because of how Defendants' retail stores are staffed, when the tips are distributed through the mandatory tip pool based on total hours worked, supervisors receive a larger portion of the tips than do budtenders, even though the budtenders perform the customer-facing work, says the complaint. The Plaintiff has been employed by the Defendants at R. Greenleaf as a budtender from March 2022, continuing through the present. Medicine Man Technologies, Inc. owns and operates cannabis and cannabis-related retail and wholesale locations under various brand names in at least New Mexico and Colorado, including R. Greenleaf.[BN] The Plaintiff is represented by: Shane Youtz, Esq. Stephen Curtice, Esq. James A. Montalbano, Esq. YOUTZ & VALDEZ PC 900 Gold Ave. SW Albuquerque, NM 87102 Phone: (505) 244-1200 Email: shane@youtzvaldez.com stephen@youtzvaldez.com james@youtzvaldez.com - and - Molly A. Elkin, Esq. Sarah M. Block, Esq. Rachel Lerner, Esq. McGILLIVARY STEELE ELKIN LLP 1101 Vermont Ave., NW, Suite 1000 Washington, DC 20005 Phone: (202) 833-8855 Fax: (202) 452-1090 Email: mae@mselaborlaw.com smb@mselaborlaw.com rbl@mselaborlaw.com NEXTERA ENERGY: Flores Suit Removed to S.D. California ------------------------------------------------------ The case captioned as Cesar Flores, individually and on behalf of all others similarly situated v. NEXTERA ENERGY OPERATING SERVICES, LLC; NEXTERA ENERGY, INC.; and DOES 1 through 50, inclusive, Case No. 37-2023-00025494-CU-OE-CTL was removed from the San Diego County Superior Courta, to the United States District Court for the Southern District of California on July 31, 2023, and assigned Case No. 3:23-cv-01389-L-WVG. The Plaintiff's Complaint asserts the following claims on a class-wide basis: failure to pay all overtime wages; meal period violations; rest period violations; paid sick leave violations; untimely payment of wages; wage statement violations; failure to provide records; and violation of the unfair competition law.[BN] The Defendants are represented by: Tim L. Johnson, Esq. Cameron J. Davila, Esq. Tyler M. Duncan, Esq. OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 4660 La Jolla Village Drive, Suite 900 San Diego, CA 92122 Phone: 858-652-3100 Facsimile: 858-652-3101 Email: tim.johnson@ogletree.com cameron.davila@ogletree.com tyler.duncan@ogletree.com NORTH RIDGE COUNTRY CLUB: Doepken Files Suit in Cal. Super. Ct. --------------------------------------------------------------- A class action lawsuit has been filed against North Ridge Country Club, et al. The case is styled as Kimberly Doepken, and on behalf of all others similarly situated, Petitioner v. North Ridge Country Club, DOES 1 through 10, Respondents, Case No. 23CV005710 (Cal. Super. Ct., Sacramento Cty., July 31, 2023). The case type is stated as "Other Employment Complaint Case." North Ridge Country Club -- https://www.northridgecountryclub.org/ -- is a member-owned private country club connecting Members with first-class facilities in a welcoming, family-oriented community.[BN] OMNI-CHANNEL MARKETING: McCoy Files TCPA Suit in E.D. Arkansas -------------------------------------------------------------- A class action lawsuit has been filed against Omni-Channel Marketing Solutions LLC, et al. The case is styled as Kent McCoy, on behalf of himself and all others similarly situated v. Omni-Channel Marketing Solutions LLC doing business as: ERC Free File doing business as: Patriot Tax Free File doing business as: Refundum Free File, Markond LLC doing business as: Markond Workforce Solutions, John Does 1-10, Case No. 4:23-cv-00714-LPR (E.D. Ark., July 31, 2023). The lawsuit is brought over alleged violation of the Telephone Consumer Protection Act for Restrictions of Use of Telephone Equipment. OmniChannel Marketing -- https://omnichannelsol.com/ -- is a full service customer acquisition company.[BN] The Plaintiff is represented by: James A. Streett, Esq. STREETT LAW FIRM, P.A. 107 West Main Russellville, AR 72801 Phone: (479) 968-2030 Email: james@streettlaw.com - and - Joe P. Leniski, Jr., Esq. HERZFELD, SUETHOLZ, GASTEL, LENISKI AND WALL, PLLC 223 Rosa L Parks Avenue, Suite 300 Nashville, TN 37203 Phone: (615) 800-6225 Fax: (615) 994-8625 Email: joey@hsglawgroup.com OPICHI FUNDS: Reedy-Randall Files TCPA Suit in E.D. Michigan ------------------------------------------------------------ A class action lawsuit has been filed against Opichi Funds, LLC. The case is styled as Gerrie Reedy-Randall, individually and on behalf of all others similarly situated v. Opichi Funds, LLC doing business as: eLoanWarehouse, Case No. 2:23-cv-11875-MAG-APP (E.D. Mich., Aug. 2, 2023). The lawsuit is brought over alleged violation of the Telephone Consumer Protection Act for Restrictions of Use of Telephone Equipment. Opichi Funds, LLC doing business as eLoanWarehouse -- https://eloanwarehouse.com/ -- is a lender and evaluates your information to determine if you qualify for a Line Of Credit.[BN] The Plaintiff is represented by: Andrew Shamis, Esq. SHAMIS & GENTILE, PA 14 Ne 1st Ave, Suite 1205 Miami, FL 33132 Phone: (305) 479-2299 Email: ashamis@shamisgentile.com PITTSBURG WHOLESALE: Thao Files Suit in Cal. Super. Ct. ------------------------------------------------------- A class action lawsuit has been filed against Pittsburg Wholesale Grocers, Inc., et al. The case is styled as Jason Thao, individually and on behalf of all similarly situated employees, Petitioner v. Pittsburg Wholesale Grocers, Inc., Peri Navab, David Luttway, Respondents, Case No. 23CV005801 (Cal. Super. Ct., Sacramento Cty., Aug. 1, 2023). The case type is stated as "Other Employment Complaint Case." Pittsburg Wholesale Grocers, Inc., doing business as PITCO Foods -- https://www.pitcofoods.com/ -- retails and distributes food, beverages, and consumer products.[BN] PODESTO'S INCORPORATED: Golde Files Suit in Cal. Super. Ct. ----------------------------------------------------------- A class action lawsuit has been filed against Podesto's Incorporated. The case is styled as Angelo Golde, individually and on behalf of all others similarly situated v. Podesto's Incorporated, Case No. STK-CV-UOE-2023-0008115 (Cal. Super. Ct., San Joaquin Cty., July 31, 2023). The case type is stated as "Unlimited Civil Other Employment." Podesto's Incorporated -- https://podestosmarket.com/ -- offers the best selection of imported and domestic foods.[BN] The Plaintiff is represented by: Jessica L. Campbell, Esq. AEGIS LAW FIRM 9811 Irvine Center Dr., Ste. 100 Irvine, CA 92618 Phone: 949-379-6250 Fax: (949) 379-6251 Email: jcampbell@aegislawfirm.com PROMETHEUS HOME SERVICES: Stites Files Suit in Mass. Super. Ct. --------------------------------------------------------------- A class action lawsuit has been filed against Prometheus Home Services, LLC, et al. The case is styled as Paul Stites, on behalf of himself and all others similarly situated v. Prometheus Home Services, LLC, Christian Decristofaro, Case No. 2381CV02213 (Mass. Super. Ct., Middlesex Cty., Aug. 1, 2023). The case type is stated as "Contract/Business Cases." Prometheus Home Services -- https://www.prometheushomeservices.com/ -- is a licensed and insured plumbing company based in Stoneham, Massachusetts.[BN] The Plaintiff is represented by: Adam Jeremy Shafran, Esq. Eric J. Walz, Esq. RUDOLPH FRIEDMANN LLP 92 STATE ST Boston, MA 02109 REBEL ATHLETIC: DiMeglio Files ADA Suit in S.D. New York -------------------------------------------------------- A class action lawsuit has been filed against Rebel Athletic, Inc. The case is styled as Maria DiMeglio, on behalf of herself and all others similarly situated v. Rebel Athletic, Inc., Case No. 1:23-cv-06701 (S.D.N.Y., Aug. 1, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Rebel Athletic -- https://www.rebelathletic.com/ -- is an online store that sells hoodies, shirts, leggings, pants, capris, swimwear, shoes, bags, scarves, and accessories.[BN] The Plaintiff is represented by: Mark Rozenberg, Esq. STEIN SAKS, PLLC One University Plaza, Suite 620 Hackensack, NJ 07601 Phone: (201) 282-6500 Email: mrozenberg@steinsakslegal.com RITE AID: Holland Suit Transferred to E.D. Pennsylvania ------------------------------------------------------- The case styled as David Holland, Harold Setliff, individually and on behalf of all others similarly situated v. RITE AID CORPORATION, JOHN T. STANDLEY, DARREN KARST, HEYWARD DONIGAN, and MATTHEW C. SCHROEDER, Case No. 1:23-cv-00589 was transferred from the U.S. District Court for the Northern District of Ohio, to the U.S. District Court for the Eastern District of Pennsylvania on Aug. 2, 2023. The District Court Clerk assigned Case No. 2:23-cv-02962-KBH to the proceeding. The nature of suit is stated as Other Statutes Securities/Commodities. Rite Aid Corporation -- http://www.riteaid.com/-- is an American drugstore chain based in Philadelphia, Pennsylvania.[BN] The Plaintiff is represented by: Daniel Karon, Esq. KARON LLC 700 W. St. Clair Ave., Ste. 200, Cleveland, OH 44113 Phone: (216) 622-1851 Email: dkaron@karonllc.com - and - 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 - and - Scott D Simpkins, Esq. CLIMACO WILCOX PECA TARANTINO & GAROFOLI 55 Public Square, Suite 1950 Cleveland, OH 44113 Email: sdsimp@climacolaw.com The Defendant is represented by: Laura H. McNally, Esq. Michael L. Kichline, Esq. Amanda F. Lashner, Esq. MORGAN LEWIS & BOCKIUS LLP 1701 Market St. Philadelphia, PA 19103 Phone: (215) 963-5257 Email: laura.mcnally@morganlewis.com michael.kichline@morganlewis.com amanda.lashner@morganlewis.com - and - Daniel M Finer, Esq. TUCKER ELLIS LLP 950 Main Ave., Suite 1100 Cleveland, OH 44113 Phone: (216) 696-3896 Email: dfiner@smsm.com SAGE HOSPICE LLC: Gonciarz Files FLSA Suit in D. Arizona -------------------------------------------------------- A class action lawsuit has been filed against Sage Hospice LLC, et al. The case is styled as Brian Gonciarz, filing individually and on behalf of all others similarly situated v. Sage Hospice LLC, Servant's Heart Hospice LLC doing business as: Sage Hospice named as A Servant's Heart Hospice LLC, an Arizona limited liability company, Case No. 2:23-cv-01515-JJT (D. Ariz., Aug. 1, 2023). The lawsuit is brought over alleged violation of the Fair Labor Standards Acts. Sage Hospice LLC -- https://sagefoc.com/sage-az/ -- provides health care services. The Company offers palliative care, nursing, chronic illness, and hospice services.[BN] The Plaintiff is represented by: Nathaniel James Hill, Esq. JACKSON WHITE PC 40 N Center St., Ste. 200 Mesa, AZ 85201 Phone: (480) 464-1111 Fax: (480) 464-5692 Email: nhill@jacksonwhitelaw.com SEACOR MARINE: Luno FLSA Suit Transferred to E.D. Louisiana ----------------------------------------------------------- The case styled as Jessie Luno, individually and for others similarly situated v. Seacor Marine Payroll Management LLC, Case No. 4:23-cv-01393 was transferred from the U.S. District Court for the Southern District of Texas, to the U.S. District Court for the Eastern District of Louisiana on Aug. 1, 2023. The District Court Clerk assigned Case No. 2:23-cv-03010-ILRL-MBN to the proceeding. The lawsuit is brought over alleged violation of the Fair Labor Standards Acts. SEACOR Marine -- https://seacormarine.com/ -- is committed to providing safe, reliable and diverse transportation services to offshore energy facilities globally.[BN] The Plaintiff is represented by: Andrew Wells Dunlap, Esq. Michael A. Josephson, Esq. Olivia R. Beale, Esq. JOSEPHSON DUNLAP LAW FIRM 11 Greenway Plaza, Suite 3050 Houston, TX 77046 Phone: 713-352-1100 Facsimile: 713-352-3300 Email: adunlap@mybackwages.com mjosephson@mybackwages.com obeale@mybackwages.com The Defendant is represented by: Edward Francis Harold, Esq. FISHER & PHILLIPS, LLP (NEW ORLEANS) 201 St. Charles Ave., Suite 3710 New Orleans, LA 70170 Phone: (504) 522-3303 Fax: (504) 529-3850 Email: eharold@fisherphillips.com - and - Stephen J. Roppolo, Esq. FISHER & PHILLIPS, LLP (HOUSTON) 910 Louisiana Street, Suite 4000 Houston, TX 77002 Phone: (713) 292-0150 Email: sroppolo@fisherphillips.com SEATTLE PACIFIC: Mercedes Files ADA Suit in S.D. New York --------------------------------------------------------- A class action lawsuit has been filed against Seattle Pacific Industries, Inc. The case is styled as Luis Mercedes, on behalf of himself and all others similarly situated v. Seattle Pacific Industries, Inc., Case No. 1:23-cv-06705-AT (S.D.N.Y., Aug. 1, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Seattle Pacific Industries is a privately-held, dynamic, multi-branded apparel company dedicated to designing and marketing sportswear.[BN] The Plaintiff is represented by: Mark Rozenberg, Esq. STEIN SAKS, PLLC One University Plaza, Ste. 620 Hackensack, NJ 07601 Phone: (201) 282-6500 Email: mrozenberg@steinsakslegal.com SIDLAY UNITED SECURITY: Torres Sues Over Unpaid Overtime Wages -------------------------------------------------------------- Adrian Torres, and other similarly situated individuals v. Sidlay United Security LLC and Alphonse Frantz, individually, Case No. 1:23-cv-22859-XXXX (S.D. Fla., July 31, 2023), is brought to recover monetary damages for unpaid regular and overtime wages and retaliation under United States laws pursuant to the Fair Labor Standards Act ("the Act"). The Plaintiff worked 48 and 45 hours per week, but he was not paid for overtime hours. The owner of the business paid Plaintiff for only 40 hours. Sometimes Plaintiff was paid one hour of O/T per week. Plaintiff worked in excess of 40 hours, but he was not paid for overtime hours, as required by law. Plaintiff disagreed with the number of hours paid to him every week and he complained numerous times. Plaintiff clocked in and out, at the liquor store. And Defendants were able to track and monitor the hours worked by Plaintiff and other similarly situated individuals. Therefore, during the relevant period, Defendants willfully failed to pay Plaintiff overtime wages at the rate of time and one-half his regular rate for every hour that she worked in excess of 40 in violation of the Act, says the complaint. The Plaintiff was employed by the Defendants as a non-exempted, full time, hourly security employee from October 16, 2022, to July 06, 2023, or 37 weeks. Sidlay United Security is a Florida corporation that provides security services to businesses, residential communities, construction sites, retailers, and related security services such as bodyguard protection.[BN] The Plaintiff is represented by: Zandro E. Palma, Esq. ZANDRO E. PALMA, P.A. 9100 S. Dadeland Blvd., Suite 1500 Miami, FL 33156 Phone: (305) 446-1500 Facsimile: (305) 446-1502 Email: zep@thepalmalawgroup.com SILVERGATE BANK: Bhatia Suit Transferred to S.D. California ----------------------------------------------------------- The case styled as Soham Bhatia, Matson Magleby, Golam Sakline, Nicole Keane, Joewy Gonzalez, on behalf of themselves and all others similarly situated, Petitioner v. Silvergate Bank, Silvergate Capital Corporation, Alan J. Lane, Case No. 3:23-cv-00667 was transferred from the U.S. District Court for the Northern District of California, to the U.S. District Court for the Southern District of California on Aug. 2, 2023. The District Court Clerk assigned Case No. 3:23-cv-01406-RBM-BLM to the proceeding. The nature of suit is stated as Other Fraud. Silvergate Bank -- https://www.silvergate.com/ -- is the leading bank for innovative businesses in fintech and cryptocurrency.[BN] The Plaintiff is represented by: Matthew W. Reiser, Esq. Michael Joseph Reiser, Esq. REISER LAW P.C. 1475 N. Broadway, Suite 300 Walnut Creek, CA 94596 Phone: (925) 256-0400 Fax: (925) 476-0304 - and - Adam E. Polk, Esq. Daniel C. Girard, Esq. Tom Lane Watts, Esq. GIRARD SHARP LLP 601 California Street, Suite 1400 San Francisco, CA 94108 Phone: (415) 981-4800 Fax: (415) 981-4846 Email: apolk@girardsharp.com dgirard@girardsharp.com - and - Jason Scott Hartley, Esq. Jason Michael Lindner, Esq. HARTLEY LLP 101 W. Broadway, Suite 820 San Diego, CA 92101 Phone: (619) 400-5822 Fax: (619) 400-5832 - and - Caroline Emhardt, Esq. Jack Fitzgerald, Esq. Melanie Rae Persinger, Esq. Paul K. Joseph, Esq. Trevor Matthew Flynn, Esq. FITZGERALD JOSEPH LLP 2341 Jefferson Street, Suite 200 San Diego, CA 92110 Phone: (619) 215-1741 Fax: (619) 331-2943 Email: jack@fitzgeraldjoseph.com melanie@fitzgeraldjoseph.com paul@pauljosephlaw.com trevor@fitzgeraldjoseph.com - and - James M. Davis, Esq. Thomas Joseph O'Reardon, II, Esq. Timothy G. Blood, Esq. BLOOD HURST & O'REARDON, LLP 501 West Broadway, Suite 1490 San Diego, CA 92101 Phone: (619) 338-1100 Fax: (619) 338-1101 Email: toreardon@bholaw.com tblood@bholaw.com The Defendant is represented by: Polly Towill, Esq. SHEPPARD MULLIN RICHTER AND HAMPTON LLP 333 South Hope Street, 43rd Floor Los Angeles, CA 90071 Phone: (213) 617-5480 Fax: (213) 620-1398 Email: ptowill@sheppardmullin.com SMILEDIRECTCLUB: Rodriguez Files TCPA Suit in S.D. Florida ---------------------------------------------------------- A class action lawsuit has been filed against SmileDirectClub, LLC. The case is styled as Jose Glen Rodriguez, individually and on behalf of all others similarly situated v. SmileDirectClub, LLC, Case No. 0:23-cv-61461-XXXX (S.D. Fla., July 31, 2023). The lawsuit is brought over alleged violation of the Telephone Consumer Protection Act for Restrictions of Use of Telephone Equipment. SmileDirectClub, LLC -- https://smiledirectclub.com/ -- designs and manufactures dental equipment. The Company supplies invisible aligners and braces to get straight teeth.[BN] The Plaintiff is represented by: Andrew John Shamis, Esq. SHAMIS & GENTILE, PA 14 NE 1st Ave., Suite 705 Miami, FL 33132 Phone: (305) 479-2299 Fax: (786) 623-0915 Email: ashamis@sflinjuryattorneys.com SOUTHWESTMEDICAL.COM: Williams Files ADA Suit in S.D. New York -------------------------------------------------------------- A class action lawsuit has been filed against Southwestmedical.Com LLC. The case is styled as Milton Williams, on behalf of himself and all other persons similarly situated v. Southwestmedical.Com LLC, Case No. 1:23-cv-06693 (S.D.N.Y., July 31, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Southwestmedical.com LLC -- https://www.southwestmedical.com/ -- offers medical supplies, equipment, wheelchairs and replacement parts quickly and easily.[BN] The Plaintiff is represented by: Jeffrey Michael Gottlieb, Esq. Michael A. LaBollita, Esq. GOTTLIEB & ASSOCIATES 150 E. 18th St., Suite PHR New York, NY 10003 Phone: (212) 228-9795 Email: michael@gottlieb.legal nyjg@aol.com SUPERFEET WORLDWIDE: Mercedes Files ADA Suit in S.D. New York ------------------------------------------------------------- A class action lawsuit has been filed against Superfeet Worldwide, LLC. The case is styled as Luis Mercedes, on behalf of himself and all others similarly situated v. Superfeet Worldwide, LLC, Case No. 1:23-cv-06707 (S.D.N.Y., Aug. 1, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Superfeet Worldwide LLC -- https://www.superfeet.com/ -- manufactures and distributes footwear products.[BN] The Plaintiff is represented by: Mark Rozenberg, Esq. STEIN SAKS, PLLC One University Plaza, Ste. 620 Hackensack, NJ 07601 Phone: (201) 282-6500 Email: mrozenberg@steinsakslegal.com TO BOOT NEW YORK: Mercedes Files ADA Suit in S.D. New York ---------------------------------------------------------- A class action lawsuit has been filed against To Boot New York, Inc. The case is styled as Luis Mercedes, on behalf of himself and all others similarly situated v. To Boot New York, Inc., Case No. 1:23-cv-06703 (S.D.N.Y., Aug. 1, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. To Boot New York -- https://toboot.com/ -- is a shoe design and manufacturing company. The skins are hand-selected and hand cut, ensuring the highest quality product.[BN] The Plaintiff is represented by: Mark Rozenberg, Esq. STEIN SAKS, PLLC One University Plaza, Ste. 620 Hackensack, NJ 07601 Phone: (201) 282-6500 Email: mrozenberg@steinsakslegal.com UNIVERSITY GAMES: Delacruz Files ADA Suit in S.D. New York ---------------------------------------------------------- A class action lawsuit has been filed against University Games Corporation. The case is styled as Emanuel Delacruz, on behalf of himself and all other persons similarly situated v. University Games Corporation, Case No. 1:23-cv-06697 (S.D.N.Y., Aug. 1, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. University Games -- https://www.universitygames.com/ -- is a toy and game manufacturer located in San Francisco, California.[BN] The Plaintiff is represented by: Dana Lauren Gottlieb, Esq. GOTTLIEB & ASSOCIATES 150 E. 18 St., Suite PHR New York, NY 10003 Phone: (917) 796-7437 Fax: (212) 982-6284 Email: danalgottlieb@aol.com VIDA SHOES: Carroll Suit Removed to C.D. California --------------------------------------------------- The case captioned as Keith Carroll, and others similarly situated v. VIDA SHOES INTERNATIONAL, INC., a New York corporation d/b/a STRIDERITE.COM; and DOES 1 through 10, inclusive, Case No. 23STCV02457 was removed from the Superior Court of the State of California, County of Los Angeles, to the United States District Court for the Central District of California on Aug. 1, 2023, and assigned Case No. 2:23-cv-06242. The Plaintiff asserts a claim that Stride Rite has violated the Video Privacy Protection Act ("VPPA").[BN] The Defendants are represented by: D. Jay Ritt, Esq. RITT HODGES LLP 65 NorthRaymondAvenue, Suite 320 Pasadena, CA 91103 Phone: (626) 685-2550 Fax: (626)685-2562 Email: ritt@rtthlaw.com - and - Scott Shaffer, Esq. Andrew B. Lustigman, Esq. 1325 Avenue of the Americas New York, New York 10019 Phone: (212)451-2300 Email: sshaffer@olshanlaw.com alustigman@olshanlaw.com VOLKSWAGEN: Knapp Suit Transferred to N.D. Georgia -------------------------------------------------- The case styled as Brandy Knapp; Eniko Gedo; Eva Jacinto; Patricia Jones; And Francine Lewis, individually and on behalf of all others similarly situated v. VOLKSWAGEN AKTIENGESELLSCHAFT; AUDI AKTIENGESELLSCHAFT; AUDI OF AMERICA, LLC; and VOLKSWAGEN GROUP OF AMERICA, INC., D/B/A AUDI OF AMERICA, INC., Case No. 1:23-cv-00889 was transferred from the U.S. District Court for the Eastern District of Virginia, to the U.S. District Court for the Northern District of Georgia on Aug. 2, 2023. The District Court Clerk assigned Case No. 1:23-cv-03431-ELR to the proceeding. The nature of suit is stated as Motor Vehicle Prod. Liability. Volkswagen AG -- https://www.volkswagen-group.com/de -- known internationally as the Volkswagen Group, is a German multinational automotive manufacturer headquartered in Wolfsburg, Lower Saxony, Germany.[BN] The Plaintiff is represented by: Steven T. Webster, Esq. Aaron S. Book, Esq. WEBSTER BOOK LLP 300 N. Washington St., Suite 404 Alexandria, VA 22314 Phone and Fax: (888) 987-9991 Email: swebster@websterbook.com abook@websterbook.com - and - Nathan D. Finch, Esq. Kevin R. Dean, Esq. Lance Oliver, Esq. MOTLEY RICE LLC 28 Bridgeside Boulevard Mount Pleasant, SC 29464 Phone: 843.216.9000 Email: nfinch@motleyrice.com kdean@motleyrice.com loliver@motleyrice.com WMK LLC: Deasy Files Suit in Cal. Super. Ct. -------------------------------------------- A class action lawsuit has been filed against WMK, LLC, et al. The case is styled as Michael Deasy, Kyle Louis Matthews, on behalf of all others similarly situated, Petitioner v. WMK, LLC, Ride-Away, Inc., Does 1-10, Respondents, Case No. 23CV005712 (Cal. Super. Ct., Sacramento Cty., July 31, 2023). The case type is stated as "Other Employment Complaint Case." WMK, Inc., doing business as MobilityWorks -- https://www.mobilityworks.com/ -- operates as a dealer of new and used handicap accessible, vans, and equipment.[BN] YELLOW CORPORATION: Adcock Sues Over WARN Act Violation ------------------------------------------------------- Ricky Adcock, Matthew Brewer, Michael Cottrell, and Johnny Martinez, on behalf of themselves and a putative class of similarly situated former employees v. YELLOW CORPORATION, YRC INC. d/b/a YRC FREIGHT, USF HOLLAND, LLC, NEW PENN MOTOR EXPRESS LLC, and USF REDDAWAY, INC., Case No. 3:23-cv-00795 (M.D. Tenn., Aug. 2, 2023), is brought under the Worker Adjustment and Retraining Notification Act (the "WARN Act"), and the California Worker Adjustment and Retraining Notification Act (the "California WARN Act"), by the Plaintiffs against the YELLOW Defendants, their employer for WARN act purposes. On July 30, 2023, without advance warning, YELLOW Defendants provided notice that effective immediately it was shutting down its regular business operations for all of its operating affiliates, YRC Inc. (d/b/a YRC Freight), USF Holland LLC, New Penn Motor Express LLC, and USF Reddaway, Inc., was permanently laying off approximately 22,000 employees across the United States, and would close permanently YELLOW failed to provide 60 days advance written notice as required by the WARN Act, and the California WARN Act, to the affected employees. YELLOW's announced terminations, permanent layoffs, and company-wide shut down on July 30, 2023 constituted a mass layoff. As such Plaintiffs and other similarly situated employees should have received the full protection afforded by the WARN Act and the California WARN Act, says the complaint. The Plaintiffs were employed by the Defendants. YELLOW is one of the largest trucking companies in North America.[BN] The Plaintiff is represented by. Joe P. Leniski, Jr., Esq. HERZFELD, SUETHOLZ, GASTEL, LENISKI, and WALL PLLC The Freedom Center 223 Rosa Parks Avenue, Suite 300 Nashville, TN 37203 Phone: (615) 800-6225 Email: joey@hsglawgroup.com ZERODRAFT MARYLAND: Raines Files FLSA Suit in W.D. Virginia ----------------------------------------------------------- A class action lawsuit has been filed against Zerodraft Maryland, LLC. The case is styled as Rasheed Raines, individually, and on behalf of all others similarly situated v. Zerodraft Maryland, LLC, Case No. 7:23-cv-00477-MFU (W.D. Va., Aug. 2, 2023). The lawsuit is brought over alleged violation of the Fair Labor Standards Acts. Zerodraft Maryland -- https://zerodraftmd.com/ -- is a full-service residential, multifamily and commercial energy consulting and retrofitting company based in Towson, Maryland.[BN] The Plaintiff is represented by: Brittany Michelle Haddox, Esq. Thomas Eugene Strelka, Esq. STRELKA LAW OFFICE, P.C. 4227 Colonial Avenue Roanoke, VA 24018 Phone: (540) 283-0802 Email: brittany@strelkalaw.com thomas@strelkalaw.com - and - Craig Juraj Curwood, Esq. Zev Hillel Antell, Esq. BUTLER CURWOOD, PLC 140 Virginia Street, Suite 302 Richmond, VA 23219 Phone: (804) 648-4848 Email: craig@butlercurwood.com zev@butlercurwood.com ********* S U B S C R I P T I O N I N F O R M A T I O N Class Action Reporter is a daily newsletter, co-published by Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Washington, D.C., USA. Rousel Elaine T. Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L. Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors. Copyright 2023. All rights reserved. ISSN 1525-2272. 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