/raid1/www/Hosts/bankrupt/CAR_Public/230828.mbx
C L A S S A C T I O N R E P O R T E R
Monday, August 28, 2023, Vol. 25, No. 172
Headlines
AHRC HEALTH: Must File Opposition to Class Cert Bid by August 29
AL BARAKA: O'Neill Plaintiffs' Class Certification Bid Tossed
ALIGN TECHNOLOGY: CSVDS Seeks to File Class Cert Bid Under Seal
ALIGN TECHNOLOGY: Plaintiffs Seeks Rule 23 Class Certification
ALIGN TECHNOLOGY: Snow Seeks to File Class Cert Bid Under Seal
AMAZON.COM INC: Filing of Class Cert Bid Extended to Dec. 22
APEX DRILLING: Lima Suit Seeks Machine Operators' Unpaid Overtime
BAE SYSTEMS: Parties Seek to Continue Class Cert Deadlines
BANK OF NEW YORK: Walden Suit Seeks Class Certification
BANKROLL CAPITAL: Filing for Class Cert Bid Continued to Oct. 27
BIGELOW INC: Banks Wins Class Certification Bid
BOCA PROPERTIES: Lujano Files ADA Suit in N.D. Alabama
BOTANIC TONICS: C.C. Suit Transferred to N.D. California
BRIAN JUNG: Garrison Suit Transferred to S.D. Florida
CALIFORNIA MONTESSORI: Lawson Files Suit in Cal. Super. Ct.
CBI DISTRIBUTING: Luis Files ADA Suit in S.D. New York
CHARLESTON BAY GOURMET: Laughead Sues Over Unpaid Overtime Wages
CHICK-FIL-A INC: Herrera ADA Suit Removed to D. New Jersey
CITI TRENDS INC: Green-Fogg Files Suit in S.D. Georgia
COINBASE GLOBAL: Liable to Hacked Coinbase Wallets, Massery Says
COUNTRY MUTUAL: Sudholt Appeals Remand Bid Denial to 7th Cir.
COVINGTON, VA: W.D. Virginia Summarily Dismisses Snead Suit
CSX TRANSPORTATION: Wins Summary Judgment Bid vs Edwards
DYNACOM MANAGEMENT: Nevarez Sues Over Misclassification, Unpaid OT
EMBRACE HOME: Filing for Class Cert Bid Due Feb. 16, 2024
EQUIFAX INFO: Seeks Leave to File Class Cert Supplemental Brief
ETZ HAYM HOLDINGS: Cimino Sues Over Failure to Secure PII
EVERLANE INC: Mackey Files Suit in Cal. Super. Ct.
EZRIRX LLC: Court Junks BPI's Amended Complaint
FLEETCOR TECH: Morrison Seeks Final Approval of Class Settlement
FORD MOTOR: Caricofe Bid to Appoint Lead Plaintiffs Tossed
FORMA BEAUTY BRANDS: Luis Files ADA Suit in S.D. New York
GENWORTH FINANCIAL: Hale Sues Over Failure to Safeguard PII
GIL & ROY PROPS: Caravantes Files Suit in Cal. Super. Ct.
GOLDMAN SACHS: Ap-Fonden Allowed to File Third Amended Complaint
GOOD AMERICAN: Miller Files ADA Suit in W.D. New York
GPB HOLDINGS: DeLuca Plaintiffs Seek to File Exhibits Under Seal
GREAT LAKES SERVICES: Langley Files Suit in Cal. Super. Ct.
GROUND SUPPORT: Underpays Security Guards, Saint Pierre Alleges
HAIDILAO HOT POT: Leon Files Suit in Cal. Super. Ct.
HALFTIME BAR: Janssen Sues to Recover Tips and Minimum Wages
HAUPPAUGE HOTELS: Matias Sues to Recover Unpaid Overtime Wages
HELIOS CABLE: Prelim Pretrial Order Entered in Smith Suit
HENRY FORD: King Sues Over Illegal Disclosure of Personal Info
HOME DEPOT: Class Action & PAGA Settlement Wins Initial Nod
HOMEWORKS ENERGY: More Time to Oppose Class Certification Sought
HUNTER BUSINESS: Court OK's Settlement Deal in D'Angelo Suit
IDEA 247 INC: English Sues Over Cyberattack and Data Breach
INCLUDED HEALTH: O'Neal Files Suit in Cal. Super. Ct.
ITS LOGISTICS: Class Certification Bid Filing Due Sept. 12, 2024
JAGUAR LAND ROVER: Joyce Files Suit in S.D. California
JIMMY JOHN'S: Gebhardt Suit Removed to C.D. Illinois
JOHNS HOPKINS: Boots Seeks Initial OK of Settlement Addendum
JON B. SAGE PA: Schiller Files Suit in Fla. Cir. Ct.
JP MORGAN: Bazzi Files FCRA Suit in D. Arizona
KAHOOT! EDU INC: Hernandez Files ADA Suit in S.D. New York
KANNACT INC: Dukes Files Suit in D. Oregon
KANSAS CITY LIFE: Fine Seeks Leave to File Documents Under Seal
L H C GROUP: Kovach Suit Transferred to W.D. Louisiana
LABORATORY CORP: Continues to Defend Consolidated Suit
LABORATORY CORP: Continues to Defend Davis and Vargas Class Suit
LABORATORY CORP: Continues to Defend Davis Class Suit
LEGACY INC: Charlesworth Files Suit in D. Minnesota
LINCOLN MEMORIAL: Senior Files ADA Suit in S.D. New York
LOU SOBH CERRITOS: Rivas Files Suit in Cal. Super. Ct.
LOWE'S COMPANIES: Downing Bid for Certification of Judgment OK'd
LUNA SANDALS: Mercedes Files ADA Suit in S.D. New York
LUZERN LABORATORIES: Hernandez Files ADA Suit in S.D. New York
MACLELLAN INTEGRATED: Sandoval Suit Removed to N.D. Illinois
MAMA MANAGEMENT: Filing for Class Certification Bid Due Dec. 1
MAZDA MOTOR: Heinz Suit Transferred to C.D. California
MICHAEL & SON SERVICES: Wenzel Files Suit in E.D. Virginia
MILLIMAN SOLUTIONS: Gregory Files Suit in W.D. Wisconsin
MODIVCARE INC: Settlement in FLSA Suit Awaits Arbitrator's OK
MUTUAL OF AMERICA: Bid to Toss Goldstein Suit Denied W/o Prejudice
NEVADA RESTAURANT: Court Grants Bids to Seal in Sanguinetti Suit
NOONANJU INCORPORATED: Faces Portillo Labor Suit in E.D.N.Y.
NORTHWEST MICHIGAN SURGERY: Challender Conditional Status Bid Nixed
PELICAN PRODUCTS: Walker Files Suit in Cal. Super. Ct.
PJ OPS IDAHO: Wins Summary Judgment Bid vs Edwards
POLLEN MOBILE: Layer Zero Sues Over Sale of Unregistered PCN Tokens
PRUDENTIAL INSURANCE: Parker Sues Over Data Breach
ROSS STORES: Spady Suit Removed to E.D. Pennsylvania
ROTHYS INC: Miller Files ADA Suit in W.D. New York
RTX CORPORATION: Peneycad Sues Over Exchange Act Violation
SAINT FRANCIS HOSPITAL: Suit Removed to N.D. Oklahoma
SAKS & COMPANY: Castillo Suit Removed to E.D. Pennsylvania
SAMARASCENTS LLC: Sookul Files ADA Suit in S.D. New York
SAN FRANCISCO OPERA: Hooks Files Suit in Cal. Super. Ct.
SANTA CLARA FAMILY: Skurauskis Files Suit in S.D. Florida
SCWAN'C CONSUMER: Keygen Files Suit in Cal. Super. Ct.
SECURLY INC: Bate Sues Over Unauthorized Collection of Data
SENIOR VILLAGE: Markle Suit Transferred to M.D. Tennessee
SHANLEE INC: Sued Over Failure to Pay Minimum Wages
SHOHEI OHTANI: Garrison Suit Transferred to S.D. Florida
SOUTHWEST BUSINESS: Faces Ruiz Suit Over Unpaid Overtime for CSRs
ST. ANN, MO: Parties Seek Prelim Approval of Class Settlement
ST. ANN, MO: Prelim OK of Class Settlement Sought in Walker
STELLAR MANUFACTURING: Settles BIPA Class Suit for $693,000
SUPPLYING DEMAND: Luis Files ADA Suit in S.D. New York
SYMETRA LIFE: Filing of Class Cert Bid Due Nov. 21
SYNGENTA CROP: Ott Suit Transferred to M.D. North Carolina
TAG ASSOCIATES: Senior Files ADA Suit in S.D. New York
TAKEYA USA: Sookul Files ADA Suit in S.D. New York
TEACHERS INSURANCE: Fails to Secure Customers' Info, Smuda Claims
TERREBONNE PARISH: Parties in O'Bryan Suit Seek FLSA Certification
TEXAS BANK AND TRUST: Walker Files Suit in Tex. Dist. Ct.
TJX COMPANIES: Herrera ADA Suit Removed to D. New Jersey
TOYOTA MOTOR: Filing for Class Certification Bid Due Dec. 2
TRACKSMITH CORPORATION: Luis Files ADA Suit in S.D. New York
TSG INTERACTIVE US: Sykes Files Suit in S.D. New York
UNITED STATES NATURAL GAS: Continues to Defend Lucas Class Suit
UNITED STATES: Ramon Suit Stayed Pending Class Cert Bid Resolution
UNIVERSITY OF MIAMI: Court Dismisses Emrit Class Action
UNIVERSITY OF TAMPA: Senior Files ADA Suit in S.D. New York
UPWORK INC: Senior Files ADA Suit in S.D. New York
VERITAS FUNDING: Court Tosses Sapan Bid for Class Certification
VERMONT FLANNEL: Toro Files ADA Suit in S.D. New York
VISA INC: Seeks to Decertify Class in B & R Suit
WAITR HOLDINGS: BCCL Class Suit Remanded to Louisiana Court
WALMART INC: Lewis Sues Over Concealment of Material Defect
WALMART INC: Scott Files Suit in D. Maryland
WALMART INC: Wins Summary Judgment v. Merck in FCRA Class Suit
WAX PAPER: Christensen Files Suit in Cal. Super. Ct.
WELLS FARGO: Special Scheduling Review in Winkler Suit Denied
*********
AHRC HEALTH: Must File Opposition to Class Cert Bid by August 29
----------------------------------------------------------------
In the class action lawsuit captioned as Onate v. AHRC Health Care,
Inc., Case No. 1:20-cv-08292-AS-JW (S.D.N.Y.), the Hon. Judge Lorna
G. Schofield entered an order that the parties shall brief the
class certification motion and motion to strike on the following
schedule:
-- The Plaintiffs shall file their motion Aug. 1,
2023
for class certification by:
-- The Defendant shall file its opposition Aug. 29,
2023
and cross motion to strike certain
evidence by:
-- The Plaintiffs shall file their reply Sept. 12,
2023
in support of their motion and opposition
to Defendant's cross-motion to strike by:
-- The Defendant shall file a reply in Sept. 24,
2023
support of its cross-motion to strike by:
AHRC offers intellectual and developmental disabilities, health
care, treatment programs, education, and family support services.
A copy of the Court's order dated July 31, 2023 is available from
PacerMonitor.com at https://bit.ly/3KEt7pN at no extra charge.[CC]
The Plaintiffs are represented by:
Jason S. Giaimo, Esq.
MCLAUGHLIN & STERN, LLP
260 Madison Avenue
New York, NY 10016
Telephone: (212) 448–1100
Facsimile: (212) 448–0066
E-mail: jgiaimo@mclaughlinstern.com
AL BARAKA: O'Neill Plaintiffs' Class Certification Bid Tossed
-------------------------------------------------------------
In the class action lawsuit captioned as Estate of John P. O'Neill,
Sr. v. Al Baraka Investment and Development Corporation et al.,
Case No. 1:04-cv-01923-GBD-SN (S.D.N.Y.), the Hon. Judge George B.
Daniels entered an order denying the O'Neill Plaintiffs motion for
class certification.
The Court said, "The Court adopts Magistrate Judge Netburn's Report
in full, finding that O'Neill Plaintiffs have failed to demonstrate
that class certification is proper under Federal Rule 23 of Civil
Procedure.
Al Baraka is private company operating within the Holding Companies
Sector.
A copy of the Court's order dated July 31, 2023, is available from
PacerMonitor.com at https://bit.ly/3s1NGWE at no extra charge.[CC]
ALIGN TECHNOLOGY: CSVDS Seeks to File Class Cert Bid Under Seal
---------------------------------------------------------------
In the class action lawsuit captioned as SIMON AND SIMON, PC d/b/a
CITY SMILES and VIP DENTAL SPAS, individually and on behalf of all
others similarly situated, v. ALIGN TECHNOLOGY, INC., Case No.
3:20-cv-03754-VC (N.D. Cal.), the Plaintiffs file an administrative
motion pursuant to Civil Local Rules 7-11 and 79-5, and under the
Stipulated Protective Order entered April 28, 2021, to file under
seal the Plaintiffs' Notice of Motion, Motion, and memorandum in
support of their motion for class certification.
Align is an American manufacturer of 3D digital scanners and
Invisalign clear aligners used in orthodontics.
A copy of the Plaintiff's motion dated July 31, 2023 is available
from PacerMonitor.com at https://bit.ly/3QwsnH4 at no extra
charge.[CC]
The Plaintiffs are represented by:
Joshua P. Davis, Esq.
Eric L. Cramer, Esq.
Michael Kane, Esq.
Daniel J. Walker, Esq.
Hope Brinn, Esq.
BERGER MONTAGUE PC
505 Montgomery Street, Suite 625
San Francisco, 94111
Telephone: (415) 689-9292
Facsimile: (215) 875-5707
E-mail: jdavis@bm.net
ecramer@bm.net
mkane@bm.net
dwalker@bm.net
hbrinn@bm.net
- and -
John Radice, Esq.
April Lambert, Esq.
Daniel Rubenstein, Esq.
RADICE LAW FIRM, P.C.
475 Wall Street
Princeton, NJ 08540
Telephone: (646) 245-8502
Facsimile: (609) 385-0745
E-mail: jradice@radicelawfirm.com
alambert@radicelawfirm.com
drubenstein@radicelawfirm.com
- and -
Joseph R. Saveri, Esq.
Steven N. Williams, Esq.
Kevin E. Rayhill, Esq.
JOSEPH SAVERI LAW FIRM, LLP
601 California Street, Suite 1000
San Francisco, CA 94108
Telephone: (415) 500-6800
Facsimile: (415) 395-9940
E-mail: jsaveri@saverilawfirm.com
swilliams@saverilawfirm.com
krayhill@saverilawfirm.com
- and -
Daniel J. Mogin, Esq.
Timothy Z. LaComb, Esq.
MOGINRUBIN LLP
600 West Broadway, Suite 3300
San Diego, CA 92101
Telephone: (619) 687-6611
Facsimile: (619) 687-6610
E-mail: dmogin@moginrubin.com
tlacomb@moginrubin.com
- and -
Kevin Landau, Esq.
Miles Greaves, Esq.
TAUS, CEBULASH & LANDAU, LLP
123 William St, Suite 1900A
New York, NY 10038
Telephone: (212) 931-0704
Facsimile: (212) 931-0703
E-mail: klandau@tcllaw.com
mgreaves@tcllaw.com
ALIGN TECHNOLOGY: Plaintiffs Seeks Rule 23 Class Certification
--------------------------------------------------------------
In the class action lawsuit captioned as SIMON AND SIMON, PC d/b/a
CITY SMILES and VIP DENTAL SPAS, individually and on behalf of all
others similarly situated, v. ALIGN TECHNOLOGY, INC., Case No.
3:20-cv-03754-VC (N.D. Cal.), the Plaintiffs ask the Court to enter
an order granting their motion under Federal Rule of Civil
Procedure 23, certifying class action and appointing Colead class
counsel.
Specifically, Plaintiffs move for an order certifying a class
defined as follows:
"All persons or entities in the United States that purchased
Invisalign Aligners directly from Defendant Align Technology,
Inc.
during the period beginning January 1, 2019, through March 31,
2023
or that purchased iTero Scanners directly from Defendant Align
Technology, Inc. during the period beginning January 1, 2019,
through June 30, 2021, or both.”
Excluded from the Class are (1) Defendant, its subsidiaries,
affiliate entities, and employees, and (2) all federal or state
government entities or agencies.
Align is an American manufacturer of 3D digital scanners and
Invisalign clear aligners used in orthodontics.
A copy of the Plaintiffs' order dated July 31, 2023, is available
from PacerMonitor.com at https://bit.ly/3OuWJqR at no extra
charge.[CC]
The Plaintiffs are represented by:
Joshua P. Davis, Esq.
Eric L. Cramer, Esq.
Michael Kane, Esq.
Daniel J. Walker, Esq.
Hope Brinn, Esq.
BERGER MONTAGUE PC
505 Montgomery Street, Suite 625
San Francisco, 94111
Telephone: (415) 689-9292
Facsimile: (215) 875-5707
E-mail: jdavis@bm.net
ecramer@bm.net
mkane@bm.net
dwalker@bm.net
hbrinn@bm.net
- and –
John Radice, Esq.
April Lambert, Esq.
Daniel Rubenstein, Esq.
RADICE LAW FIRM, P.C.
475 Wall Street
Princeton, NJ 08540
Telephone: (646) 245-8502
Facsimile: (609) 385-0745
E-mail: jradice@radicelawfirm.com
alambert@radicelawfirm.com
drubenstein@radicelawfirm.com
- and –
Joseph R. Saveri, Esq.
Steven N. Williams, Esq.
Kevin E. Rayhill, Esq.
JOSEPH SAVERI LAW FIRM, LLP
601 California Street, Suite 1000
San Francisco, CA 94108
Telephone: (415) 500-6800
Facsimile: (415) 395-9940
E-mail: jsaveri@saverilawfirm.com
swilliams@saverilawfirm.com
krayhill@saverilawfirm.com
- and –
Daniel J. Mogin, Esq.
Timothy Z. LaComb, Esq.
MOGINRUBIN LLP
600 West Broadway, Suite 3300
San Diego, CA 92101
Telephone: (619) 687-6611
Facsimile: (619) 687-6610
E-mail: dmogin@moginrubin.com
tlacomb@moginrubin.com
- and –
Kevin Landau, Esq.
Miles Greaves, Esq.
TAUS, CEBULASH & LANDAU, LLP
123 William St, Suite 1900A
New York, NY 10038
Telephone: (212) 931-0704
Facsimile: (212) 931-0703
E-mail: klandau@tcllaw.com
mgreaves@tcllaw.com
ALIGN TECHNOLOGY: Snow Seeks to File Class Cert Bid Under Seal
--------------------------------------------------------------
In the class action lawsuit captioned as MISTY SNOW, individually
and on behalf of all others similarly situated, v. ALIGN
TECHNOLOGY, INC., Case No. 3:21-cv-03269-VC (N.D. Cal.), the
Plaintiffs file an administrative motion pursuant to Civil Local
Rules 7-11 and 79-5, to partially file under seal the following:
-- Portions of Plaintiffs' Motion for Class Certification;
-- Exhibits 1-17 and 19-22 to the Declaration of Steve W. Berman
in
Support of Plaintiffs' Motion for Class Certification;
-- Expert Report of William B. Vogt, Ph.D. in Support of Class
Certification and Merits;
-- Rebuttal Report of William B. Vogt, Ph.D. in Support of Class
Certification and Merits;
-- Expert Report of Dr. Jay S. Grossman, D.D.S; and
-- Rebuttal Expert Report of Dr. Jay S. Grossman, D.D.S.
Align is an American manufacturer of 3D digital scanners and
Invisalign clear aligners used in orthodontics.
A copy the Plaintiffs' motion dated July 31, 2023, is available
from PacerMonitor.com at https://bit.ly/44aEPiR at no extra
charge.[CC]
The Plaintiffs are represented by:
Steve W. Berman, Esq.
Theodore Wojcik, Esq.
Joey Kingerski, Esq.
Rio S. Pierce, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
1301 Second Avenue, Suite 2000
Seattle, WA 98101
Telephone: (206) 623-7292
Facsimile: (206) 623-0594
E-mail: steve@hbsslaw.com
tedw@hbsslaw.com
joeyk@hbsslaw.com
riop@hbsslaw.com
AMAZON.COM INC: Filing of Class Cert Bid Extended to Dec. 22
------------------------------------------------------------
In the class action lawsuit captioned as KAELI GARNER, et al., v.
AMAZON.COM, INC., a Delaware Corporation, and AMAZON.COM SERVICES
LLC, a Delaware Limited Liability Company, Case No.
2:21-cv-00750-RSL (W.D. Wash.), the Hon. Judge Robert S. Lasnik
entered an order that the deadline for the close of fact discovery
and subsequent case deadlines be extended as follows:
Event Former Deadline Operative
Deadline
Fact discovery cut-off Aug. 16, 2023 Oct. 30, 2023
Last day to file motion Oct. 10, 2023 Dec. 22, 2023
for class certification
(including expert report
in support of class
certification)
Last day to file Dec. 8, 2023 Feb. 27, 2024
opposition to class
certification (including
expert report in opposition
to class certification)
Last day to file reply in Jan. 11, 2024 Mar. 28, 2024
support of class
certification (including
reply class certification
expert report limited to
any new subjects introduced
in opposition report)
Amazon.com is an American multinational technology company focusing
on e-commerce, cloud computing, online advertising, digital
streaming, and artificial intelligence.
A copy of the Court's order dated July 31, 2023, is available from
PacerMonitor.com at https://bit.ly/45qGySd at no extra charge.[CC]
The Plaintiffs are represented by:
Bradley S. Keller, Esq.
BYRNES KELLER CROMWELL LLP
1000 Second Avenue
Seattle, WA 98104
Telephone: (206) 622-2000
Facsimile: (206) 622-2522
E-mail: bkeller@byrneskeller.com
- and -
Michael P. Canty, Esq.
Carol C. Villegas, Esq.
Guillaume Buell, Esq.
David Saldamando, Esq.
Danielle Izzo, Esq.
LABATON SUCHAROW LLP
140 Broadway
New York, NY 10005
Telephone: (212) 907-0700
Facsimile: (212) 818-0477
E-mail: mcanty@labaton.com
cvillegas@labaton.com
gbuell@labaton.com
dsaldamando@labaton.com
dizzo@labaton.com
- and -
Paul J. Geller, Esq.
Stuart A. Davidson, Esq.
Mark Dearman, Esq.
Nicolle Brito, Esq.
Alexander C. Cohen, Esq.
ROBBINS GELLER
RUDMAN & DOWD LLP
225 NE Mizner Blvd., Suite 720
Boca Raton, FL 33432
Telephone: (561) 750-3000
Facsimile: (561) 750-3364
E-mail: pgeller@rgrdlaw.com
sdavidson@rgrdlaw.com
mdearman@rgrdlaw.com
nbrito@rgrdlaw.com
acohen@rgrdlaw.com
The Defendants are represented by:
Brian D. Buckley, Esq.
Y. Monica Chan, Esq.
Laurence F. Pulgram, Esq.
Jedediah Wakefield, Esq.
Armen N. Nercessian, Esq.
Garner F. Kropp, Esq.
Esther D. Galan, Esq.
FENWICK & WEST LLP
1191 Second Avenue, 10th Floor
Seattle, WA 98101
Telephone: (206) 389-4510
Facsimile: (206) 389-4511
E-mail: bbuckley@fenwick.com
mchan@fenwick.com
lpulgram@fenwick.com
jwakefield@fenwick.com
anercessian@fenwick.com
gkropp@fenwick.com
egalan@fenwick.com
APEX DRILLING: Lima Suit Seeks Machine Operators' Unpaid Overtime
-----------------------------------------------------------------
HINMER LIMA, individually and on behalf of all others similarly
situated, Plaintiff v. APEX DRILLING INC., Defendant, Case No.
8:23-cv-01793-KKM-CPT (M.D. Fla., August 9, 2023) is a class action
against the Defendant for failure to pay overtime wages in
violation of the Fair Labor Standards Act and unpaid wages under
Florida common law.
The Plaintiff was employed by the Defendant as a machine operator
from December 2021 until April 2022.
APEX Drilling Inc. is a construction firm in Hillsborough County,
Florida. [BN]
The Plaintiff is represented by:
Brandon J. Hill, Esq.
WENZEL FENTON CABASSA, P.A.
1110 N. Florida Avenue, Suite 300
Tampa, FL 33602
Telephone: (813) 224-0431
Facsimile: (813) 229-8712
E-mail: bhill@wfclaw.com
BAE SYSTEMS: Parties Seek to Continue Class Cert Deadlines
----------------------------------------------------------
In the class action lawsuit captioned as FEDERICO CABRALES,
individually, and on behalf of others similarly situated, v. BAE
SYSTEMS SAN DIEGO SHIP REPAIR, INC., a California corporation; and
DOES 1 through 50, inclusive, Case No. 3:21-cv-02122-AJB-DDL (S.D.
Cal.), the Parties jointly move the to continue the deadline for:
(1) Defendant's response to Plaintiffs' Motion to September 7,
2023;
(2) Plaintiffs' reply to October 12, 2023, and
(3) the hearing date to October 19, 2023, or a date convenient
for
the Court.
Following Plaintiffs' filing of their Motion for Class
Certification, the Court set the following briefing schedule:
-- Responses due by August 10, 2023
-- Replies due by August 17, 2023
-- Hearing set for October 2, 2023
The Plaintiffs' motion for class certification includes three
expert declarations.
Additionally, lead defense counsel Mary Dollarhide has a prepaid
vacation out of state from August 15 to August 29, 2023. Ms.
Dollarhide is also currently caring for an elderly family friend
who needs hands-on assistance after she was displaced from her home
due to the Palos Verdes, California landslides.
BAE Systems provides non-nuclear ship repair, modernization,
conversion, and overhaul services.
A copy of the Court's order dated July 31, 2023, is available from
PacerMonitor.com at https://bit.ly/47xHRAs at no extra charge.[CC]
The Plaintiff is represented by:
Matthew J. Matern, Esq.
Dalia Khalili, Esq.
MATERN LAW GROUP, PC
1230 Rosecrans Avenue, Suite 200
Manhattan Beach, CA 90266
E-mail: matern@maternlawgroup.com
DKhalili@maternlawgroup.com
The Defendant is represented by:
Mary C. Dollarhide, Esq.
Taylor Wemmer, Esq.
DLA PIPER LLP (US)
4365 Executive Drive, Suite 1100
San Diego, CA 92121-2133
Telephone: (858) 677-1400
Facsimile: (858) 677-1401
E-mail: mary.dollarhide@us.dlapiper.com
taylor.wemmer@dlapiper.com
BANK OF NEW YORK: Walden Suit Seeks Class Certification
-------------------------------------------------------
In the class action lawsuit captioned as STEPHEN WALDEN and LESLIE
WALDEN, individually and on behalf of all others similarly
situated, v. THE BANK OF NEW YORK MELLON CORPORATION and BNY
MELLON, N.A., Case No. 2:20-cv-01972-CRE (W.D. Pa.), the Plaintiffs
move the Court to enter an Order:
(1) Certifying class action pursuant to Rules 23(a), 23(b)(2),
and
23(b)(3) of the Federal Rules of Civil Procedure, for a
class
defined as:
"All persons who, or entities that, during the period 2014
to
the present (the "Class Period"), contracted with BNY Mellon
to
receive investment advice for their investment assets and
for
whom BNY Mellon used its discretionary authority to
purchase,
or recommended, or otherwise caused, the purchase of,
investment fund vehicles that were financially affiliated
with
BNY Mellon or BNY Corp. or the deposit of cash into bank
accounts at BNY Mellon or related banks."
(2) Appointing Stephen Walden and Leslie Walden as class
representatives.
(3) Appointing DiCello Levitt LLP Councill and Gunnemann &
Chally,
LLC as class counsel.
The Bank of New York Mellon Corporation is an American investment
banking services holding company.
A copy of the Plaintiffs' motion dated July 31, 2023, is available
from PacerMonitor.com at https://bit.ly/3qlUcax at no extra
charge.[CC]
The Plaintiffs are represented by:
Joshua P. Gunnemann, Esq.
Stephen D. Councill, Esq.
Jonathan R. Chally, Esq.
Katherine L. D'Ambrosio, Esq.
COUNCILL, GUNNEMANN &
CHALLY, LLC
1201 W. Peachtree Street N.E., Suite 2613
Atlanta, GA 30309
Telephone: (404) 407-5250
Facsimile: (404) 600-1624
E-mail: scouncill@cgc-law.com
jgunnemann@cgc-law.com
jchally@cgc-law.com
kdambrosio@cgc-law.com
- and -
Bruce D. Bernstein, Esq.
Adam J. Levitt, Esq.
Robert F. DiCello, Esq.
DICELLO LEVITT LLP
1101 17th Street NW, Suite 1000
Washington, DC 20036
Telephone: (202) 975-2288
Facsimile: (202) 688-2201
E-mail: bbernstein@dicellolevitt.com
alevitt@dicellolevitt.com
rfdicello@dicellolevitt.com
BANKROLL CAPITAL: Filing for Class Cert Bid Continued to Oct. 27
----------------------------------------------------------------
In the class action lawsuit captioned as MICHAEL SCOFIELD,
individually and on behalf of all others similarly situated, v.
BANKROLL CAPITAL INC., a California corporation, Case No.
8:22-cv-01515-JWH-KES (C.D. Cal.), the Hon. Judge John W. Holcomb
entered an order granting in part stipulation to continue Class
certification- related deadline
-- The deadline for Plaintiff to file a motion for class
certification is continued to October 27, 2023.
-- The deadline for Defendant to file its opposition to
Plaintiff's
anticipated motion for class certification is continued to
November 27, 2023.
-- The deadline for Plaintiff to file his reply in support of his
anticipated motion for class certification is continued to
December 15, 2023.
-- The hearing on Plaintiff's anticipated motion for class
certification is continued to January 5, 2024.
Bankroll Capital offers funding for small businesses.
A copy of the Court's order dated July 31, 2023 is available from
PacerMonitor.com at https://bit.ly/4492NuI at no extra charge.[CC]
BIGELOW INC: Banks Wins Class Certification Bid
-----------------------------------------------
In the class action lawsuit captioned as KIMBERLY BANKS and CAROL
CANTWELL, on behalf of themselves and all others similarly
situated, v. R.C. BIGELOW, INC., a Corporation; and DOES 1 through
10, inclusive, Case No. 2:20-cv-06208-DDP-RAO (C.D. Cal.), the Hon.
Judge Dean D. Pregerson entered an order granting the Plaintiffs'
motion for class certification, modifying its definition to reflect
the first ship‐date:
"All natural persons who purchased at least one 18/20 count box
of
Bigelow Earl Grey Black Tea Caffeine, Green Tea Caffeine,
Constant
Comment Black Tea Caffeine, Green Lemon Tea Caffeine, Vanilla
Chai
Black Tea Caffeine, English Tea Time Black Tea Caffeine, Spiced
Chai Black Tea Caffeine, French Vanilla Black Tea Caffeine, or
Vanilla Caramel Black Tea Caffeine, labeled as "Manufactured in
the
USA 100% American Family Owned," at a retail store in the state
of
California, at any time from October 17, 2017, to the present."
The parties are aware of the factual background in this case, as
detailed in the Court's previous order.
The Plaintiffs Kimblerly Banks and Carol Cantwell bring suit
against the Defendants for allegedly selling tea that was processed
abroad with a label reading "Manufactured in the USA 100% Family
Owned".
The Plaintiffs seek class certification as to the California
Consumer Legal Remedies Act, common law fraud and intentional
misrepresentation, negligent misrepresentation, and breach of
express warranty.
R.C. Bigelow is an American manufacturer of dried teas.
A copy of the Court's order dated July 31, 2023, is available from
PacerMonitor.com at https://bit.ly/3DW93vc at no extra charge.[CC]
BOCA PROPERTIES: Lujano Files ADA Suit in N.D. Alabama
------------------------------------------------------
A class action lawsuit has been filed against Boca Properties LLC,
et al. The case is styled as Bob Lujano, D'Wanna Williams, on their
own behalf and on behalf of all others similarly situated v. Boca
Properties LLC, McCullough Snappy Service Oil Co., Inc., Case No.
2:23-cv-01078-MHH (N.D. Ala., Aug. 15, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Boca Properties LLC doing business as Boca Expert --
https://www.bocaexpert.com/ -- is a boutique real estate firm that
hires only excellent agents committed to being the best in the
business.[BN]
The Plaintiffs are represented by:
Edward I Zwilling, Esq.
LAW OFFICE OF EDWARD I ZWILLING LLC
4000 Eagle Point Corporate Drive
Birmingham, AL 35242
Phone: (205) 822-2701
Email: edwardzwilling@zwillinglaw.com
- and -
John Allen Fulmer, II, Esq.
FULMER LAW FIRM, P.C.
2330 Highland Avenue
Birmingham, AL 35205
Phone: (205) 703-4892
Email: jaf@jafulmerlaw.com
- and -
Peter H. Burke, Esq.
CR LEGAL TEAM, LLP
3535 Grandview Parkway, Suite 100
Birmingham, AL 35243
Phone: (205) 747-1901
Fax: (877) 718-9952
Email: phburke@crlegalteam.com
BOTANIC TONICS: C.C. Suit Transferred to N.D. California
--------------------------------------------------------
The case styled as C.C., individually and on behalf of all others
similarly situated v. Botanic Tonics, LLC, Case No. 2:23-cv-03687
was transferred from the U.S. District Court for the Central
District of California, to the U.S. District Court for the Northern
District of California on Aug. 15, 2023.
The District Court Clerk assigned Case No. 3:23-cv-04136-TSH to the
proceeding.
The nature of suit is stated as Other Fraud.
Botanic Tonics -- https://botanictonics.com/ -- offers plant-based
wellness tonics. They provide an alternative to alcohol, energy
drinks, and synthetic focus enhancers.[BN]
The Plaintiff is represented by:
Matthew R. Mendelsohn, Esq.
MAZIE SLATER KATZ AND FREEMAN LLC
103 Eisenhower Parkway 2nd Floor
Roseland, NJ 07068
Phone: (973) 228-9898
Fax: (973) 228-0303
Email: mmendelsohn@mskf.net
- and -
Yeremey O. Krivoshey, Esq.
Joel D Smith, Esq.
BURSOR FISHER, P.A.
1990 North California Boulevard, Suite 940
Walnut Creek, CA 94596
Phone: (925) 300-4455
Fax: (925) 407-2700
Email: ykrivoshey@bursor.com
jsmith@bursor.com
- and -
Marc G. Reich, Esq.
REICH RADCLIFFE AND HOOVER LLP
2030 Main Street Suite 1300
Irvine, CA 92614
Phone: (949) 975-0512
Fax: (949) 208-2839
Email: mgr@reichradcliffe.com
The Defendant is represented by:
John S. Purcell, Esq.
ARENTFOX SCHIFF LLP
555 West Fifth Street 48th Floor
Los Angeles, CA 90013-1065
Phone: (213) 443-7400
Fax: (213) 629-7401
Email: john.purcell@afslaw.com
- and -
Amanda Haley Russo, Esq.
GOODWIN PROCTER LLP
601 S. Figueroa Street
Los Angeles, CA 90017
Phone: (213) 426-2500
Email: ARusso@goodwinlaw.com
- and -
Matthew P. Kanny, Esq.
GOODWIN PROCTER LLP
520 Broadway, Suite 500
Santa Monica, CA 90401
Phone: (424) 252-6400
Email: mkanny@manatt.com
BRIAN JUNG: Garrison Suit Transferred to S.D. Florida
-----------------------------------------------------
The case styled as Edwin Garrison, Gregg Podalsky, Skyler Lindeen,
Alexander Chernyavsky, Sunil Kavuri, Gary Gallant, David Nicol, on
behalf of themselves and all others similarly situated v. Brian
Jung, Case No. 8:23-cv-01969 was transferred from the U.S. District
Court for the District of Maryland, to the U.S. District Court for
the Southern District of Florida on Aug. 14, 2023.
The District Court Clerk assigned Case No. 1:23-cv-23063 to the
proceeding.
The nature of suit is stated as Other Fraud.
Brian Jung is an American investor, entrepreneur, and
influencer.[BN]
The Plaintiffs appears pro se.
CALIFORNIA MONTESSORI: Lawson Files Suit in Cal. Super. Ct.
-----------------------------------------------------------
A class action lawsuit has been filed against California Montessori
Project California, et al. The case is styled as Debra Lawson, on
behalf of herself and all others similarly situated, Petitioner v.
California Montessori Project California non-profit corporation;
Does 1-50, Respondents, Case No. 23CV006111 (Cal. Super. Ct.,
Sacramento Cty., Aug. 4, 2023).
The case type is stated as "Other Employment Complaint Case."
California Montessori Project -- https://www.cacmp.org/ -- is a
public charter school network in the Greater Sacramento Area.[BN]
CBI DISTRIBUTING: Luis Files ADA Suit in S.D. New York
------------------------------------------------------
A class action lawsuit has been filed against CBI Distributing
Corp. The case is styled as Kevin Yan Luis, individually and on
behalf of all others similarly situated v. CBI Distributing Corp.,
Case No. 1:23-cv-07174 (S.D.N.Y., Aug. 14, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
CBI Distributing Corp. operates as a specialty retailer. The
Company offers jewelry, precious stones and metals, watches,
clocks, and silverware.[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
CHARLESTON BAY GOURMET: Laughead Sues Over Unpaid Overtime Wages
----------------------------------------------------------------
Patrick Andre Laughead, and Daniel Saunders individually and on
behalf of all others similarly situated employees v. CHARLESTON BAY
GOURMET, INC. IRVING PETERS and KIERAN DIMAIO, Case No.
2:23-cv-04055-BHH (D.S.C., Aug. 15, 2023), is brought to recover
overtime wages, unpaid tipped wage compensation, liquidated
damages, and statutory penalties resulting from Defendants'
violations of the Fair Labor Standards Act ("FLSA").
The Plaintiffs frequently worked between 50 to 70 hours a week.
However, the Defendants failed to pay Plaintiffs and similarly
situated employees at a rate of one and one-half times their
regular hourly wage for the hours they worked in excess of 40 in a
work week. At all times, relevant to this Complaint, Plaintiff and
other similarly situated employees regularly worked in excess of 40
hours per week and Defendants failed to compensate them at a rate
of one and one-half times their regular hourly wage. The Defendants
knew or should have known that, under the FLSA, Plaintiffs should
have been paid overtime "at a rate not less than one and one half
times the regular rate" at which they were employed for all
compensable hours worked in excess of 40 hours, says the
complaint.
The Plaintiffs were employed by the Defendants.
CBG is a catering company located in Mount Pleasant, SC. The
company provides food and beverages and incidental services for
social affairs and events throughout the low country.[BN]
The Plaintiff is represented by:
Marybeth Mullaney, Esq.
652 Rutledge Ave, Suite A
Charleston, South Carolina 29403
Phone: (843) 588-5587
Email: marybeth@mullaneylaw.net
CHICK-FIL-A INC: Herrera ADA Suit Removed to D. New Jersey
----------------------------------------------------------
The case styled as Carlos Herrera, on behalf of himself and all
others similarly situated v. Chick-Fil-A, Inc., Case No.
HUD-L-002241-23 was removed from the Superior Court of New Jersey,
Hudson County, to the U.S. District Court for the District of New
Jersey on Aug. 3, 2023.
The District Court Clerk assigned Case No. 2:23-cv-04169 to the
proceeding.
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Chick-fil-A, Inc. -- http://www.chick-fil-a.com/-- is an American
fast food restaurant chain and the largest chain specializing in
chicken sandwiches.[BN]
The Plaintiff appears pro se.
The Defendants is represented by:
Joseph Michael Vento, Esq.
SEYFARTH SHAW LLP
620 8th Ave., Ste. 31-084
New York, NY 10018
Phone: (212) 218-5548
Email: jvento@seyfarth.com
CITI TRENDS INC: Green-Fogg Files Suit in S.D. Georgia
------------------------------------------------------
A class action lawsuit has been filed against Citi Trends, Inc. The
case is styled as Sabrina Green-Fogg, on behalf of herself and all
others similarly situated v. Citi Trends, Inc., Case No.
4:23-cv-00196-RSB-CLR (S.D. Ga., July 14, 2023).
The nature of suit is stated as Other P.I.
Citi Trends -- https://cititrends.com/ -- is an American retail
clothing chain selling discounted products targeted primarily at
urban customers.[BN]
The Plaintiff is represented by:
Amy C. Daugherty, Esq.
THE FINLEY FIRM
200 13th St.
Columbus, GA 31901
Phone: (706) 322-6226
Email: adaugherty@thefinleyfirm.com
- and -
David K. Lietz, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN LLP
5335 Wisconsin Avenue NW, Suite 440
Washington, DC 20015
Phone: (866) 252-0878
Email: dlietz@milberg.com
- and -
MaryBeth V. Gibson, Esq.
THE FINLEY FIRM PC
3535 Piedmont Road, Building 14, Suite 230
Atlanta, GA 30305
Phone: (404) 978-6971
Fax: (404) 320-9978
The Defendant is represented by:
Christopher A. Wiech, Esq.
Chelsea M. Lamb, Esq.
Dorothy H. Cornwell, Esq.
BAKER & HOSTETLER LLP
1170 Peachtree Street NE, Suite 2400
Atlanta, GA 30309
Phone: (404) 946-9814
Fax: (404) 459-5734
Email: cwiech@bakerlaw.com
clamb@bakerlaw.com
dcornwell@bakerlaw.com
COINBASE GLOBAL: Liable to Hacked Coinbase Wallets, Massery Says
----------------------------------------------------------------
JEAN-REMI MASSERY, individually and on behalf of all others
similarly situated, Plaintiff v. COINBASE GLOBAL, INC. and
COINBASE, INC., Defendants, Case No. 3:23-cv-04026-JCS (N.D. Cal.,
August 9, 2023) is a class action against the Defendants for
violations of the California Unfair Competition Law and the
Consumers Legal Remedies Act and for breach of contract and the
implied covenant of good faith and fair dealing, unjust enrichment,
and conversion.
The case arises from Coinbase's failure to provide adequate
policies, practices, and procedures to protect the safety and
security of its customers. Moreover, it lacked adequate warning and
notification systems and processes to warn its customers of
specific risks of theft and fraud associated with certain
third-party websites that Coinbase allowed its customers to
unwittingly connect to, and it also lacked adequate staffing to
carry out its policies, practices, and procedures to the extent
they were designed to protect its customers' wallets and accounts.
As a result of Coinbase's conduct, the Plaintiff and Class members
have been damaged through the theft of their funds and investments
in their Coinbase wallets and accounts, lost investment
opportunities, and the fees they paid to Coinbase for the
fraudulent transactions in their wallets and accounts, says the
suit.
Coinbase Global, Inc. is a cryptocurrency exchange firm based in
San Francisco, California.
Coinbase, Inc. is a wholly owned subsidiary of Coinbase Global,
Inc., with its executive offices in San Francisco, California.
[BN]
The Plaintiff is represented by:
Timothy G. Blood, Esq.
Paula R. Brown, Esq.
James M. Davis, Esq.
BLOOD HURST & O'REARDON, LLP
501 West Broadway, Suite 1490
San Diego, CA 92101
Telephone: (619) 338-1100
Facsimile: (619) 338-1101
E-mail: tblood@bholaw.com
pbrown@bholaw.com
jdavis@bholaw.com
- and -
James M. Evangelista, Esq.
EVANGELISTA WORLEY, LLC
500 Sugar Mill Road, Suite 245A
Atlanta, GA 30350
Telephone: (404) 205-8400
Facsimile: (404) 205-8395
E-mail: jim@ewlawllc.com
COUNTRY MUTUAL: Sudholt Appeals Remand Bid Denial to 7th Cir.
-------------------------------------------------------------
Plaintiffs Angela Sudholt, et al., filed an appeal from the
District Court's August 2, 2023 Order entered in the lawsuit
entitled ANGELA M. SUDHOLT, KYHL A. SUDHOLT, KARA JONES, and
BENJAMIN JONES, individually and on behalf of others similarly
situated, Plaintiffs v. COUNTRY MUTUAL INSURANCE COMPANY, et al.,
Case No. 3:22-cv-03064-DWD, in the U.S. District Court for the
Southern District of Illinois.
On November 14, 2022, the Plaintiffs filed a complaint in the
Circuit Court of St. Clair County. The Plaintiffs, on behalf of
themselves and all other similarly situated Illinois citizens who
paid premiums on an insurance policy underwritten by Country Mutual
or its other entities, allege that Defendants failed to meet their
obligation of providing and operating in a manner reasonably
calculated to provide insurance at its cost.
The case was removed from the Twentieth Judicial Circuit Court, St.
Clair County, to the U.S. District Court for the Southern District
of Illinois on December 22, 2022.
Thereafter, on January 23, 2023, Plaintiffs filed a motion to
remand the case to state court.
On June 26, 2023, the Court entered an Order signed by Judge David
W. Dugan denying Plaintiffs' motion to remand or, in the
alternative, to voluntarily dismiss without prejudice.
On July 6, 2023, the Plaintiffs filed an appeal in relation to the
Court's remand order in the appellate case styled as Angela
Sudholt, et al. v. Country Mutual Insurance Company, et al., Case
No. 23-8016, in the U.S. Court of Appeals for the Seventh Circuit.
On July 31, 2023, the parties jointly requested a vacatur of all
future scheduling and discovery deadlines pending a resolution of
Plaintiffs Petition for Permission to Appeal and, if applicable,
any subsequent appeal, by the Seventh Circuit.
On August 2, Judge Dugan entered an Order regarding the Defendants'
Joint Motion to Vacate Future Deadlines Pending Appeal. The Court
held that the Seventh Circuit granted Plaintiffs' Petition on
August 1, 2023, then set an expedited briefing schedule for an
appeal. Accordingly, the Joint Motion is granted and all scheduling
and discovery deadlines are terminated. The Plaintiff's appellate
Case No. 23-8016 was also terminated on August 1, 2023.
The current appellate case is captioned as Angela Sudholt, et al.
v. Country Mutual Insurance Company, et al., Case No. 23-2507, in
the U.S. Court of Appeals for the Seventh Circuit, filed on August
3, 2023.
The briefing schedule in the Appellate Case states that:
-- The brief and required short appendix of the appellants were
due August 15, 2023;
-- The briefs of the appellees are due by August 29, 2023;
-- The reply brief of the appellants, if any, is due by
September 5, 2023;
-- No extensions of time will be granted. Both the electronic
filing and paper copies of the reply brief must be received in the
clerks office on its due date. Oral argument in this matter will be
held in the afternoon of September 11, 2023.[BN]
Plaintiffs-Petitioners ANGELA SUDHOLT, individually and on behalf
of all others similarly situated, et al., are represented by:
Arend J. Abel, Esq.
Lynn A. Toops, Esq.
COHEN & MALAD
One Indiana Square
Indianapolis, IN 46204-0000
Telephone: (317) 636-6481
Defedants-Respondents COUNTRY MUTUAL INSURANCE COMPANY, et al., are
represented by:
Sessions Ault Hootsell, III, Esq.
BUTLER SNOW LLP
201 St. Charles Avenue
New Orleans, LA 70170
Telephone: (504) 299-7752
- and -
Christopher W. Byron, Esq.
BYRON CARLSON PETRI & KALB, LLC
411 St. Louis Street
Edwardsville, IL 62025
Telephone: (618) 655-0600
- and -
William James Kelly, III, Esq.
KELLY LAW PARTNERS, LLC
501 S. Cherry Street
Denver, CO 80246
Telephone: (720) 236-1800
- and -
David G. Lubben, Esq.
DAVIS & CAMPBELL L.L.C.
401 Main Street
Peoria, IL 61602-8866
Telephone: (309) 673-1681
COVINGTON, VA: W.D. Virginia Summarily Dismisses Snead Suit
-----------------------------------------------------------
Judge James P. Jones of the U.S. District Court for the Western
District of Virginia, Roanoke Division, summarily dismiss the case,
CEDRIC OMAR SNEAD, Plaintiff, v. UNKNOWN, ET AL., Defendants, Case
No. 7:23CV00010 (W.D. Va.).
The Plaintiff, a former Virginia inmate proceeding pro se, filed
the civil action that the Court has construed and docketed as
arising under 42 U.S.C. Section 1983. Snead has also applied for in
forma pauperis status. Because the Amended Complaint fails to state
a claim upon which relief could be granted against the defendants
he has named, Judge Jones summarily dismiss the action.
After review of Snead's initial Complaint, the Court notified him
that it did not include sufficient facts and directed him to file
an Amended Complaint if he did not want the case dismissed without
prejudice. It also notified him that the Amended Complaint would
take the place of his initial Complaint and should state specific
facts and dates concerning what each Defendant did to violate his
constitutional rights. Snead has filed an Amended Complaint. In it,
he sues Covington City, Western Virginia Regional Jail, Selam,
Catabawa, Covington VA, Unknown Defendants, and the Commonwealth of
Virginia.
Section 1983 permits an aggrieved party to file a civil action
against a person for actions taken under color of state law that
violated his constitutional rights. A pro se complaint must be
construed liberally. However, even under this less stringent
standard, the pro se complaint is subject to sua sponte dismissal
when it fails to state a claim on which relief may be granted.
As an initial matter, Judge Jones opines that Snead cannot prevail
in a Section 1983 claim against the Commonwealth. In the context of
a Section 1983 claim, neither the state nor the individual state
actors, sued in their official capacities, are considered a
"person" subject to suit. Therefore, Judge Jones dismisses all of
Snead's claims against the Commonwealth.
Similarly, Snead cannot prevail in a claim against the Western
Virginia Regional Jail. A local jail building is not a person
subject to suit under Section 1983. Moreover, Snead's Amended
Complaint simply does not provide facts that state any actionable
Section 1983 claim against any of the defendants. Thus, without
further factual information to identify prison officials and
describe their unconstitutional actions, Judge Jones must summarily
dismiss all claims against Snead's "unknown" defendants.
The same sort of specificity is required to state a viable Section
1983 claim against a municipality, such as the cities Snead has
sued. Municipalities and other local governmental bodies can
constitute "persons" within the meaning of Section 1983, but they
may not be held automatically liable for unconstitutional acts or
omissions by their employees.
Snead's Amended Complaint consists of merely conclusory assertions
with no supporting factual matter. Judge Jones need not accept
these assertions as true, and Snead cannot build viable Section
1983 claims with such conclusory statements devoid of details and
dates. Thus, he fails to state any actionable Section 1983 claim
against any of the Defendants. Therefore, he grants Snead's
application to proceed in forma pauperis, but also summarily
dismisses the action without prejudice, pursuant to Section
1915(e)(2)(B). An appropriate order will be entered.
Judge Jones also dismisses Snead's many motions for appointment of
counsel. Whether to request such assistance for a civil litigant is
a privilege which rests in the sound discretion of the district
court. Before a court may justifiably request counsel to assist a
plaintiff, it must first appear that a claim has some merit in fact
and law. Therefore, Judge Jones also cannot find justification to
exercise his discretion to request counsel to represent Snead in
the case. Accordingly, he dismisses Snead's motions as moot.
A separate Final Order will be entered.
A full-text copy of the Court's July 28, 2023 Opinion is available
at https://tinyurl.com/4rfxc3w5 from Leagle.com.
Cedric Omar Snead, Pro Se Plaintiff.
CSX TRANSPORTATION: Wins Summary Judgment Bid vs Edwards
--------------------------------------------------------
In the class action lawsuit captioned as JIMMY EDWARDS, ROBERT
HUNT, DOLORES HUNT, CLIFFORD MCKELLAR, JR., and EMMA MCKELLAR, on
behalf of themselves and all others similarly situated, v. CSX
TRANSPORTATION, INC., Case No. 7:18-cv-00169-BO (E.D.N.C.), the
Court entered an order granting the Defendant's motion for summary
judgment.
-- The Plaintiffs' motion to certify class is denied as moot.
-- The case is closed.
CSX Transportation is a Class I freight railroad company.
A copy of the Court's order dated July 31, 2023, is available from
PacerMonitor.com at https://bit.ly/3qyW5jW at no extra charge.[CC]
DYNACOM MANAGEMENT: Nevarez Sues Over Misclassification, Unpaid OT
------------------------------------------------------------------
JOAQUIN NEVAREZ, individually and on behalf of all others similarly
situated, Plaintiff v. DYNACOM MANAGEMENT, LLC, ALI SETORK, and
MINA SETORK, Defendants, Case No. 1:23-cv-05248 (N.D. Ill., August
9, 2023) is a class action against the Defendants for
misclassification and unpaid overtime wages in violation of the
Fair Labor Standards Act, the Illinois Minimum Wage Law, the
Illinois Wage Payment and Collection Act, and the Illinois
Classification Act.
The Plaintiff worked for Dynacom as a construction worker and/or
maintenance worker. He was classified as an independent contractor
from approximately 2017 until March of 2021.
Dynacom Management, LLC is a company that operates a construction
business and building leasing business in Naperville Illinois.
[BN]
The Plaintiff is represented by:
John C. Ireland, Esq.
THE LAW OFFICE OF JOHN C. IRELAND
636 Spruce Street
South Elgin, IL 60177
Telephone: (630) 464-9675
Facsimile: (630) 206-0889
E-mail: Attorneyireland@gmail.com
EMBRACE HOME: Filing for Class Cert Bid Due Feb. 16, 2024
---------------------------------------------------------
In the class action lawsuit captioned as MICHELLE SHULTZ, v.
EMBRACE HOME LOANS, INC., Case No. 1:23-cv-00106-WES-PAS (D.R.I.),
the Hon. Judge William E. Smith entered an order pursuant to Rule
16 of the Federal Rules of Civil Procedure, that:
-- Pleadings shall be amended by: Sept. 25, 2023
-- All parties shall be joined by: Sept. 25, 2023
-- Discovery on whether class can Nov. 15, 2023
be certified and as to plaintiff's
individual claims shall be completed
by:
-- Expert Reports are due by: Dec. 8, 2023
-- Rebuttal Expert Reports are due: Jan. 8, 2024
-- Expert Discovery to close by: Jan. 31, 2024
-- Plaintiff's Motion for Class Feb. 16, 2024
Certification is to be filed by:
-- Responses due: Mar. 18, 2024
-- Replies due Apr. 1, 2024
Embrace Home is an American full service direct mortgage lender.
A copy of the Court's order dated July 31, 2023 is available from
PacerMonitor.com at https://bit.ly/3OUJq4k at no extra charge.[CC]
EQUIFAX INFO: Seeks Leave to File Class Cert Supplemental Brief
---------------------------------------------------------------
In the class action lawsuit captioned as DR. ANTHONY TORRES, D.O.,
individually and on behalf of all other similarly situated
consumers, v. EQUIFAX INFORMATION SERVICES, LLC, Case No.
1:21-cv-02056-CCC (M.D. Pa.), Equifax requests leave to file a
supplemental brief to address recent deposition testimony from a
corporate designee of Capital One, N.A., that directly impacts
Plaintiff's individual and class claims.
Capital One's testimony -- which was provided after the Plaintiff's
motion for class certification was fully briefed—revealed new
facts relating to the delivery, use, and impact of the OFAC Alert
Indicator that the Plaintiff claims was the reason he was denied
credit from Capital One, including that Capital One did not even
review that Indicator.
Equifax seeks leave to file a short supplemental brief to
supplement the class certification record and to address this
factual development within the context of Plaintiff's pending
motion for class certification. On February 21, 2023, Plaintiff
filed his motion for class certification.
Equifax filed its opposition brief on April 11, 2023, and Plaintiff
filed his reply brief on June 2, 2023. On June 30, 2023, nearly
three months after Equifax filed its opposition brief, the
Plaintiff deposed a Rule 30(b)(6) corporate representative of
Capital One.
Equifax offers financial, consumer and commercial data, and
analytical solutions.
A copy of the Defendant's motion dated July 31, 2023 is available
from PacerMonitor.com at https://bit.ly/3QE3Tf8 at no extra
charge.[CC]
The Defendant is represented by:
Adam M. Shienvold, Esq.
ECKERT SEAMANS CHERIN & MELLOTT, LLC
213 Market Street, 8th Floor
Harrisburg, PA 17101
Telephone: (717) 237-6029
Facsimile: (717) 237-6019
E-mail: ashienvold@eckertseamans.com
- and -
Zachary A. McEntyre, Esq.
John C. Toro, Esq.
Peter M. Starr, Esq.
Paige L. Burroughs, Esq.
Thomas H. Paris, Esq.
KING & SPALDING LLP
1180 Peachtree Street
Atlanta, GA 30309
Telephone: (404) 572-4600
Facsimile: (404) 572-5100
E-mail: zmcentyre@kslaw.com
jtoro@kslaw.com
pstarr@kslaw.com
pburroughs@kslaw.com
tparis@kslaw.com
ETZ HAYM HOLDINGS: Cimino Sues Over Failure to Secure PII
---------------------------------------------------------
Deborah Cimino, individually, and on behalf of all others similarly
situated v. ETZ HAYM HOLDINGS, S.P.C., d/b/a LAZARUS NATURALS Case
No. 3:23-cv-01185-JR (D. Ore., Aug. 14, 2023), is brought for
damages With respect to Defendant and its failure to exercise
reasonable care in securing sensitive personal information
including without limitation, unencrypted and unredacted name,
billing and shipping address, and financial information such as
credit or debit card information (including card number, expiration
date and printed card security code) (collectively, 'Personal
Identifiable Information" or "PII").
On August 3, 2023, Lazarus Naturals sent notice letters to
Plaintiff and Class Members regarding widespread and unauthorized
"access or acquisition" of its website (the "Data Breach")
involving the Plaintiffs and Class Members' sensitive PII
('Notice"). The number of individuals affected by the Data Breach
is estimated to be 42,000.
Lazarus Naturals explains in the Notice that on July 10, 2023, it
discovered that "one or more malicious actors" exploited a software
vulnerability on its website, allowing the threat actors to
facilitate the compromise of Plaintiff's and Class Members' PII.
This unauthorized access and acquisition took place between March 1
and June 2, 2023.
The Plaintiff and Class Members are current and former Lazarus
Naturals users who purchased products from Lazarus Naturals through
its website. In this era of frequent data security attacks and data
breaches, including a similar data breach that impacted Lazarus
Naturals only a few years earlier, Defendant's failures leading to
the Data Breach are particularly egregious, as this Data Breach was
highly foreseeable.
The Plaintiff's and Class Members' PII that was compromised in the
Data Breach was unencrypted and unredacted and was acquired by the
threat actors due to Lazarus Naturals' negligent and/or careless
acts and omissions. As a result of the Data Breach and in light of
the fraud and identity theft already experienced by Plaintiff
Cimino, which is explained in greater detail infra, Plaintiff and
the Class Members are also at an imminent risk of future identity
theft.
The Plaintiff seeks to remedy these harms, and to prevent the
future occurrence of an additional data breach, on behalf of
herself and all situated persons whose PII was compromised as a
result of the Data Breach, says the complaint.
The Plaintiff received Lazarus Naturals' Notice of Data Security
Incident on or about August 5, 2023 by mail.
Lazarus Naturals is an Oregon-based supplier of CBD products.[BN]
The Plaintiff is represented by:
Paul B. Barton, Esq.
Alex Graven, Esq.
OLSEN BARTON LLC
4035 Douglas way, Suite 200
Lake Oswego, OR 97035
Phone: (503) 468-5573
Fax: (503) 820-2933
Email: paul@olsenbarton.com
alex@olsenbalton.com
- and -
Mason A. Bamey, Esq.
Tyler J. Bean, Esq.
SIRI & GLIMSTAD LLP
745 Fifth Avenue, Suite 500
New York, NY 10151
Phone: (212) 532-1091
Email: mbamey@slrillp.com
tbean@slrillp.com
EVERLANE INC: Mackey Files Suit in Cal. Super. Ct.
--------------------------------------------------
A class action lawsuit has been filed against Everlane, Inc. The
case is styled as Hunter Mackey, on behalf of all others similarly
situated v. Everlane, Inc., Case No. CACE23017002 (Fla. Cir. Ct.,
Broward Cty., Aug. 15, 2023).
The case type is stated as "Other."
Everlane -- http://www.everlane.com/-- is an American clothing
retailer that sells primarily online.[BN]
The Plaintiff is represented by:
Shawn Alex Heller, Esq.
SOCIAL JUSTICE LAW COLLECTIVE, PL
974 Howard Ave.
Dunedin, FL 34698-4923
EZRIRX LLC: Court Junks BPI's Amended Complaint
-----------------------------------------------
In the class action lawsuit captioned as BOONE'S PHARMACY, INC., v.
EZRIRX, LLC, Case No. 2:22-cv-00375-JB-N (S.D. Ala.), the Hon.
Judge Jeffrey U. Beaverstock entered an order granting the
Defendant's motion to dismiss the plaintiff's amended complaint.
The Court is also not persuaded that dismissing the action would be
equivalent to determining, as a matter of law, that anyone who
answers a "cold-call" at a business would bind the company as
Plaintiff suggests.
Finally, the Plaintiff's argument that Defendant could not have
acted in good faith because it was on notice of the identity of the
owner/operator of Boone's and did not seek to obtain consent from
that individual, is unavailing. Plaintiff’s position that a
company must seek out an owner or authorized representative prior
to communicating with a company defies practicality.
Further, EzriRx's knowledge that Boone was the owner or authorized
representative of Boone's does not equate to the impossibility that
another employee could also consent, for example as an agent.
The case arises under the Telephone Consumer Protection Act (TCPA).
The Plaintiff is a small independent family pharmacy located in
Demopolis, Alabama.
EzriRx is a pharmaceutical marketplace that connects wholesalers
and pharmacies across the United States, allowing pharmacies to
compare prices and find the best deals.
A copy of the Court's order dated July 31, 2023 is available from
PacerMonitor.com at https://bit.ly/3E0OC05 at no extra charge.[CC]
FLEETCOR TECH: Morrison Seeks Final Approval of Class Settlement
----------------------------------------------------------------
In the class action lawsuit captioned as MANDY MORRISON,
individually, and on behalf of all others similarly situated, v.
FLEETCOR TECHNOLOGIES OPERATING COMPANY, LLC, and FLEETCOR
TECHNOLOGIES, INC. Case No. 1:21-cv-03950-TWT (N.D. Ga.), the
Plaintiff asks the Court to enter an order granting unopposed
motion for final approval of collective and class action settlement
and approval of Attorneys' fees, litigation and administrative
costs and incorporated brief in support.
-- The Plaintiff requests that the Court award Class Counsel's
attorneys' fees in the amount of one-third of the $1,250,000
Settlement Fund secured through their efforts.
-- The Plaintiff notes that under the Settlement Agreement and
this
Court's orders, Class Counsel's work on this case will not
conclude with the requested final approval order. Class
Members
will likely continue to contact Class Counsel with questions
or
to resolve issues regarding the settlement.
-- The Plaintiff's request for approval of reimbursement from the
Settlement Fund of $27,000 in litigation costs and expenses
advanced by Class Counsel is also reasonable and justified.
-- The Plaintiff requests that the Court approve payment of the
Settlement Administrator's $13,177.00 settlement administration fee
from the Settlement Fund.
FleetCor offers fuel, tolls, and lodging payment products including
cards, RFID tags, and vouchers.
A copy of the Plaintiff's motion dated July 31, 2023, is available
from PacerMonitor.com at https://bit.ly/3ORW7wP at no extra
charge.[CC]
The Plaintiff is represented by:
Edmund C. Celiesius, Esq.
Jason T. Brown, Esq.
Nicholas Conlon, Esq.
BROWN, LLC
111 Town Square Place, Suite 400
Jersey City, NJ 07310
Telephone: (877) 561-0000
Facsimile: (855) 582-5297
E-mail: ed.celiesius@jtblawgroup.com
jtb@jtblawgroup.com
nicholasconlon@jtblawgroup.com
- and -
Roger Orlando, Esq.
THE ORLANDO FIRM, P.C.
315 West Ponce De Leon Ave., Suite 400
Decatur, GA 30030
Telephone: (973) 898-0404
E-mail: roger@orlandofirms.com
FORD MOTOR: Caricofe Bid to Appoint Lead Plaintiffs Tossed
----------------------------------------------------------
In the class action lawsuit captioned as BRADLEY CARICOFE, SHAWN
THIBODEAUX, JULIE THIBODEAUX, KENNETH HUNNEL, and LEANNE HUNNEL,
individually, and on behalf of a class of similarly situated
individuals, v. FORD MOTOR COMPANY, a Delaware corporation, Case
No. 3:23-cv-01012-TWR-AHG (S.D. Cal.), the Hon. Judge Todd W.
Robinson entered an order denying without prejudice plaintiffs'
unopposed motion to appoint lead plaintiffs and lead counsel.
-- The Court denies without prejudice plaintiffs' Unopposed
Motion
to Appoint Lead Plaintiffs and Lead Counsel.
-- The Plaintiffs may file a renewed Motion with proper support
no
later than 14 days after the date this Order is electronically
docketed.
The Plaintiffs bring this putative class action "individually and
on behalf of all persons in the United States who purchased or
leased any 2020-present Ford Explorer 2.3L or 3.0L ST vehicle
equipped with a rear subframe assembly attached to the vehicle via
only one rear axle horizontal mounting bolt."
Ford Motor Company is an American multinational automobile
manufacturer.
A copy of the Court's order dated July 31, 2023 is available from
PacerMonitor.com at https://bit.ly/45nKkM7 at no extra charge.[CC]
FORMA BEAUTY BRANDS: Luis Files ADA Suit in S.D. New York
---------------------------------------------------------
A class action lawsuit has been filed against Forma Beauty Brands
LLC. The case is styled as Kevin Yan Luis, individually and on
behalf of all others similarly situated v. Forma Beauty Brands LLC,
Case No. 1:23-cv-07166 (S.D.N.Y., Aug. 14, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
FORMA -- https://formabrands.com/ -- is an incubator, accelerator,
and curator of next-generation beauty brands launching as a
multi-category platform.[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
GENWORTH FINANCIAL: Hale Sues Over Failure to Safeguard PII
-----------------------------------------------------------
Gilbert Hale, Lynda Hale, and Alan Wooten, individually and on
behalf of all others similarly situated v. GENWORTH FINANCIAL,
INC., Case No. 3:23-cv-00517-RCY (E.D. Va., Aug. 15, 2023), is
brought against Genworth for its failure to secure and safeguard
the personally identifiable information ("PII") of at least 2.5
million individuals who are either customers or insurance agents of
the company.
On June 16, 2023, PBI "advised Genworth that specific Genworth
files containing policyholder and agent information were
compromised due to a security event that took advantage of a
vulnerability identified in the widely-used MOVEit file transfer
software that PBI uses." PBI admitted that the "security event" was
a targeted attack by the CL0P ransomware gang (the "Data Breach").
Genworth estimates that the Data Breach occurred between May 29 and
May 30, 2023, and exposed individuals' Social Security numbers,
first and last names, dates of birth, zip codes, states of
residence, policy numbers, the role of the individual (ex.
Annuitant, Joint Insured, Owner, etc.), and the general product
type. If deceased, the exposed information included the city and
date of death, along with the source of that information. For
agents, the exposed information includes Social Security numbers,
first and last names, dates of birth, and full addresses. If
deceased, the exposed information also included dates of death and
the source of that information.
Genworth owed a non-delegable duty to Plaintiffs and Class members
to implement and maintain reasonable and adequate security measures
to secure, protect, and safeguard their PII against unauthorized
access and disclosure. Genworth could have prevented the Data
Breach by properly vetting and monitoring the systems of its
third-party vendors, including PBI and its use of a highly
vulnerable file transfer software MOVEit.
The Plaintiffs and Class members entrusted Genworth with, and
allowed Genworth to gather, highly sensitive information as part of
obtaining financial and insurance services. They did so in
confidence, and they had the legitimate expectation that Genworth
would respect their privacy and act appropriately, including only
sharing their information with vendors and business associates who
legitimately needed the information and were equipped to protect it
through having adequate processes in place to safeguard it.
As a result of Genworth's breach of its non-delegable duty, victims
of the Data Breach are at serious risk. Their most sensitive
personal PII is in the possession of a well-known cybercriminal
group seeking to profit from it in any number of ways that will
expose them to identify theft, fraud, and financial harms for years
to come, says the complaint.
The Plaintiffs' Personal Information was compromised in the Data
Breach.
Genworth life insurance, long-term care insurance, mortgage
insurance, and annuities.[BN]
The Plaintiff is represented by:
Jonathan M. Petty, Esq.
Michael G. Phelan, Esq.
Brielle M. Hunt, Esq.
PHELAN | PETTY PLC
3315 W. Broad St.
Richmond, VA 23230
Phone: (804) 980-7100
Email: jpetty@phelanpetty.com
mphelan@phelanpetty.com
bhunt@phelanpetty.com
- and -
Norman E. Siegel, Esq.
Brandi S. Spates, Esq.
STUEVE SIEGEL HANSON LLP
460 Nichols Road, Suite 200
Kansas City, Missouri 64112
Phone: (816) 714-7100
Email: siegel@stuevesiegel.com
spates@stuevesiegel.com
- and -
Brian Douglas Penny, Esq.
GOLDMAN SCARLATO & PENNY, P.C.
Eight Tower Bridge, Suite 1025
161 Washington Street
Conshohocken, PA 19428
Phone: 484-342-0700
Fax: 484-580-8747
Email: penny@lawgsp.com
- and -
Stuart A. Davidson, Esq.
ROBBINS GELLER RUDMAN & DOWD LLP
255 NE Mizner Boulevard, Suite 720
Boca Raton, FL 33432
Phone: (561) 750-3000
GIL & ROY PROPS: Caravantes Files Suit in Cal. Super. Ct.
---------------------------------------------------------
A class action lawsuit has been filed against Gil & Roy Props, LLC.
The case is styled as David Caravantes, on behalf of himself and
current and former aggrieved employees v. Gil & Roy Props, LLC, Gil
& Roy Studios, LLC, Modernica, Inc., Does 1 to 100 inclusive, Case
No. 23STCV19491 (Cal. Super. Ct., Los Angeles Cty., Aug. 15,
2023).
Gil & Roy Props, LLC is a furniture showroom for a modern
home-furnishings manufacturer offering design & consultant
services.[BN]
The Plaintiff is represented by:
Melanie S. Rodriguez, Esq.
LAVI & EBRAHIMIAN, LLP
8889 W. Olympic Boulevard, Suite 200
Beverly Hills, California 90211
Phone: (310) 432-0000
Fax: (310) 432-0001
Email: mrodriguez@lelawfirm.com
GOLDMAN SACHS: Ap-Fonden Allowed to File Third Amended Complaint
----------------------------------------------------------------
In the class action lawsuit captioned as SJUNDE AP-FONDEN,
individually and on behalf of all others similarly situated, v. THE
GOLDMAN SACHS GROUP, INC., LLOYD C. BLANKFEIN, HARVEY M. SCHWARTZ,
and R. MARTIN CHAVEZ, Case No. 1:18-cv-12084-VSB-KHP (S.D.N.Y.),
the Hon. Judge Katharine H. Parker entered an order granting the
Plaintiff's motion for leave to file a Third Amended Complaint.
-- The Plaintiff shall file the Amended Complaint by Friday,
August
4, 2023.
-- Pursuant to the parties' agreed upon schedule, Plaintiff's
Expert
Reports are due on Friday, September 29, 2023.
-- The Defendants' Expert Reports are due on Tuesday, November
28,
2023.
-- The Plaintiff's Reply Expert Reports are due on Friday,
January
12, 2024.
-- The close of expert discovery is extended to Monday, February
12,
2024.
AP7 argues that the specific facts here favor a finding that the
price impact would have occurred more slowly than initially
anticipated. As this argument is fact-specific, the Court should
not delve into the merits of the issue at this stage.
This putative securities fraud class action arises out of
investment banking work that Defendant, provided for Malaysia
Development Berhad, a sovereign wealth fund ostensibly set up to
spur economic development in Malaysia.
During a ten-month period beginning in May 2012, Goldman underwrote
$6.5 billion of 1MDB debt in three bond offerings for which it was
paid $600 million in fees. After each offering, hundreds of
millions of dollars were misappropriated by high level officials of
the fund and their associates, including to pay off voters and
finance political patronage of Malaysia's then Prime Minister Najib
Razak and fund the extravagant lifestyle of Low Taek Jho, a
businessman and architect of the MDB fund.
Ultimately, the corruption scheme was discovered, and a number of
individuals involved with the fund were criminally charged.
Goldman Sachs is an American multinational investment bank and
financial services company.
A copy of the Court's order dated July 31, 2023, is available from
PacerMonitor.com at https://bit.ly/45KiWbx at no extra charge.[CC]
GOOD AMERICAN: Miller Files ADA Suit in W.D. New York
-----------------------------------------------------
A class action lawsuit has been filed against Good American, LLC.
The case is styled as Kimberly Miller, on behalf of herself and all
other persons similarly situated v. Good American, LLC, Case No.
1:23-cv-00839 (W.D.N.Y., Aug. 15, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Good American -- https://www.goodamerican.com/ -- offers a
collection of premium denim, swim, shoes, bodysuits, sweats, &
more.[BN]
The Plaintiff is represented by:
Jeffrey M. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES
150 E. 18th Street, Suite PHR
New York, NY 10003
Phone: (212) 228-9795
Fax: (212) 982-6284
Email: jeffrey@gottlieb.legal
- and -
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
GPB HOLDINGS: DeLuca Plaintiffs Seek to File Exhibits Under Seal
----------------------------------------------------------------
In the class action lawsuit captioned as DeLuca, et al. v. GPB
Holdings, LP, et al., Case No. 1:19-cv-10498-LAK-JW (S.D.N.Y.), the
Plaintiffs submit a letter motion for an order sealing Exhibits H
through AA1 appended to the Joint Declaration of Daniel L. Berger
and Catherine Pratsinakis in Support of Plaintiffs' motion for
class certification.
Exhibits M through AA to the Joint Declaration, inclusive, consist
of documents that Defendants have produced in discovery in this
action and designated as "confidential" in the manner prescribed in
the Protective Order.
Accordingly, pursuant to the Protective Order and in accordance
with the Court's previous sealing orders entered in this matter,
the Plaintiffs request leave to file each of these exhibits under
seal.
A copy of the Plaintiffs' motion dated July 31, 2023 is available
from PacerMonitor.com at https://bit.ly/3qtDbes at no extra
charge.[CC]
The Plaintiffs are represented by:
Daniel L. Berger, Esq.
GRANT & EISENHOFER P.A.
485 Lexington Avenue, 29th floor
New York, NY 10017
Telephone: (646) 722-8522
E-mail: dberger@gelaw.com
GREAT LAKES SERVICES: Langley Files Suit in Cal. Super. Ct.
-----------------------------------------------------------
A class action lawsuit has been filed against Great Lakes Services,
LLC, et al. The case is styled as Dawn Langley, individually and on
behalf of all similarly situated individuals v. Great Lakes
Services, LLC, Great Wolf Resorts Holdings, Inc., Case No.
STK-CV-UOE-2023-0008810 (Cal. Super. Ct., San Joaquin Cty., Aug.
15, 2023).
The case type is stated as "Unlimited Civil Other Employment."
Great Lakes Services, LLC -- https://greatlakesservicesllc.com/ --
is a professional carpet cleaning, restoration service, auto
detailing, power washing & more.[BN]
The Plaintiff is represented by:
Adam Rose, Esq.
23901 Calabasas Rd # 2072
Calabasas, CA 91302
Phone: 818-225-9040
Fax: 818-225-9042
Email: adam@starrlaw.com
GROUND SUPPORT: Underpays Security Guards, Saint Pierre Alleges
---------------------------------------------------------------
DELHOMME SAINT PIERRE, individually and on behalf of all others
similarly situated, Plaintiff v. GROUND SUPPORT SERVICES LLC,
Defendant, Case No. 716501/2023 (N.Y. Sup. Ct., Queens Cty., August
9, 2023) is a class action against the Defendant for violations of
the New York Labor Law including failure to pay minimum wage,
overtime, and spread of hours compensation and for retaliation.
The Plaintiff was employed by the Defendant as a security guard in
Jericho, New York until he was terminated on or about July 18,
2023.
Ground Support Services LLC is a provider of security services
based in New York. [BN]
The Plaintiff is represented by:
Mohammed Gangat, Esq.
LAW OFFICE OF MOHAMMED GANGAT
675 Third Avenue, Suite 1810
New York, NY 10017
Telephone: (718) 669-0714
E-mail: mgangat@gangatpllc.com
HAIDILAO HOT POT: Leon Files Suit in Cal. Super. Ct.
----------------------------------------------------
A class action lawsuit has been filed against Haidilao Hot Pot
Century City Inc. The case is styled as Marlon De Leon, on behalf
of the State of California, and others similarly situated and
aggrieved v. Haidilao Hot Pot Century City Inc., Case No.
23STCV19515 (Cal. Super. Ct., Los Angeles Cty., Aug. 15, 2023).
Haidilao Hot Pot Century City, Inc. is a hot pot restaurant in Los
Angeles, California.[BN]
The Plaintiff is represented by:
Zachary M. Crosner, Esq.
Jamie Serb, Esq.
Brandon Brouillette, Esq.
CROSNER LEGAL, P.C.
9440 Santa Monica Blvd. Suite 301
Beverly Hills, CA 90210
Phone: (310) 496-5818
Fax: (310) 510-6429
Email: zach@crosnerlegal.com
jamie@crosnerlegal.com
bbrouillette@crosnerlegal.com
HALFTIME BAR: Janssen Sues to Recover Tips and Minimum Wages
------------------------------------------------------------
Vicki Janssen, individually, and on behalf of all others similarly
situated v. I.M. STEIN, INC. d/b/a HALFTIME BAR AND GRILL, an
Illinois corporation, Case No. 3:23-cv-50298 (N.D. Ill., Aug. 15,
2023), is brought for damages and demand for jury trial against
Defendant for failure to comply with provisions of the Fair Labor
Standards Act ("FLSA"), Illinois Minimum Wage Law ("IMWL"), and the
Illinois Wage Payment and Collection Act ("IWPCA"), to recover
applicable tips and minimum wages for certain hours worked for
herself and all Restaurant Servers and Bartenders (hereinafter
"Servers and Bartenders") who worked within the past 3 years for
Halftime Bar and Grill in Johnsburg, Illinois.
During the past 3 years Defendant attempted to take a tip credit
toward the requisite federal and Illinois Minimum Wages paid to
Plaintiff and Class Members. The Defendant required Plaintiff and
Class Members to share or otherwise surrender portions of their
tips to customarily non-tipped restaurant staff including
dishwashers and cooks.
Halftime Bar and Required required Plaintiff and Class Members to
"tip out" certain portions of her hard-earned tips to Halftime Bar
and Grill's employees working in the kitchen including cooks and/or
dishwashers. The portions that Servers and Bartenders were required
to tip out to the back-of-the-house workers in the kitchen were
based upon a percentage of sales the Servers and Bartenders made
during a shift. The dishwashers, cooks, and other employees working
in the kitchen who received portions of these tips, had no customer
interaction at the restaurant and Plaintiff and Class Members did
not voluntarily provide these tips to these back-of-the-house
employees.
The Defendant's violation of the tip regulations under the FLSA and
IMWL results in forfeiture of all tip credits taken for Plaintiff
and Class Members, and these individuals are entitled to receive
the full federal and/or Illinois Minimum Wage for each hour worked
in light of the illegal tip share and sharing practices enforced by
Defendant, says the complaint.
The Plaintiff began working for the Defendant as a Server and
Bartender in June 2023 and worked for the Defendant through July
25, 2023.
The Defendant operates Halftime Bar and Grill in Johnsburg,
Illinois which provides a variety of food and drink services to the
public.[BN]
The Plaintiff is represented by:
Jordan Richards, Esq.
USA EMPLOYMENT LAWYERS–JORDAN RICHARDS, PLLC
1800 SE 10th Ave. Suite 205
Fort Lauderdale, FL 33301
Email: Jordan@jordanrichardspllc.com
Natalie@usaemploymentlawyers.com
lawclerk@usaemploymentlawyers.com
HAUPPAUGE HOTELS: Matias Sues to Recover Unpaid Overtime Wages
--------------------------------------------------------------
Reyes Aroldo Matias, on behalf of herself and all other persons
similarly situated v. HAUPPAUGE HOTELS II, LLC d/b/a HAUPPAUGE FLSA
Collective Action HOLIDAY INN EXPRESS, and TERREPIN STAFFING CORP.
d/b/a HOLIDAY INN, Case No. 2:23-cv-06153 (E.D.N.Y., Aug. 15,
2023), is brought to recover unpaid overtime wages against
Defendants under the Fair Labor Standards Act ("FLSA"), the New
York Labor Law ("NYLL") and for violation of NYLL as well as
violations of NYLL.
This lawsuit seeks to recover underpayments caused by a failure to
pay all hours worked beyond forty in a week at the statutorily
required rate of one-and-one-half times Plaintiff's and similarly
situated current and former hourly-paid workers' regular rate, and
untimely wage payments and other damages for Plaintiffs and
similarly situated hourly-paid employees who work or have worked
for Defendant in New York State.
The Plaintiff regularly worked more than 40 hours per week.
Defendants failed to pay Plaintiff overtime at the rate of one and
one-half times her regular rate of pay for all hours worked in
excess of 40 hours per week. By way of example only, despite
working approximately 88.45 hours during the period of February 11
through February 25, 2022, Defendants only compensated Plaintiff
for 0.08 hours of overtime, despite working at least 8.45 hours in
excess of forty during one of the weeks during that period. The
Plaintiff and Class Members are manual workers who depend upon
their wages for sustenance and suffer harm that is particularly
acute when their wages are delayed, and they are temporarily
deprived of their earned wages, says the complaint.
The Plaintiff was an "employee."
Hauppauge is a domestic limited liability company.[BN]
The Plaintiff is represented by:
Matthew J. Farnworth, Esq.
Peter A. Romero, Esq.
ROMERO LAW GROUP PLLC
490 Wheeler Road, Suite 250
Hauppauge, NY 11788
Phone: (631) 257-5588
Email: mfarnworth@romerolawny.com
HELIOS CABLE: Prelim Pretrial Order Entered in Smith Suit
---------------------------------------------------------
In the class action lawsuit captioned as KEITH SMITH, et al., v.
HELIOS CABLE CONSTRUCTION, LLC, et al., Case No.
2:23-cv-01068-MHW-EPD (S.D. Ohio), the Hon. Judge Elizabeth A.
Preston Deavers entered a preliminary pretrial order as follows:
-- Any motion to amend the pleadings or to Oct. 15,
2023
join additional parties shall be filed by:
-- The parties agree that the motion for June 1,
2024
class certification shall be filed by:
-- The Plaintiff shall make a settlement Dec. 15,
2023
demand by:
-- The Defendants shall respond by: Jan. 15,
2024
A copy of the Court's order dated July 31, 2023 is available from
PacerMonitor.com at https://bit.ly/3DVMuqM at no extra charge.[CC]
HENRY FORD: King Sues Over Illegal Disclosure of Personal Info
--------------------------------------------------------------
DAVID KING, individually and on behalf of all others similarly
situated, Plaintiff v. HENRY FORD HEALTH SYSTEM, Defendant, Case
No. 4:23-cv-11993-FKB-KGA (E.D. Mich., August 9, 2023) is a class
action against the Defendant for negligence, breach of implied
contract, unjust enrichment, and violations of the Michigan
Consumer Protection Act and the Michigan Data Breach Notification
Statute.
The case arises from the Defendant's failure to properly secure and
safeguard the protected health information (PHI) and personally
identifiable information (PII) of the Plaintiff and similarly
situated customers stored within its network systems following a
data breach. The Defendant also failed to timely notify the
Plaintiff and similarly situated individuals about the data breach.
As a result, the PII and PHI of the Plaintiff and Class members
were compromised and damaged through access by and disclosure to
unknown and unauthorized third parties, says the suit.
Henry Ford Health System is a healthcare company with its principal
place of business located at 1 Ford Place, Suite 5B, Detroit,
Michigan. [BN]
The Plaintiff is represented by:
Nick Suciu III, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
6905 Telegraph Road, Suite 115
Bloomfield Hills, MI 48301
Telephone: (313) 303-3472
E-mail: nsuciu@milberg.com
- and -
Gary M. Klinger Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN LLC
227 W. Monroe Street, Suite 2100
Chicago, IL 60606
Telephone: (866) 252-0878
E-mail: gklinger@milberg.com
HOME DEPOT: Class Action & PAGA Settlement Wins Initial Nod
-----------------------------------------------------------
In the class action lawsuit captioned as JOHN UTNE, et al., v. HOME
DEPOT U.S.A., INC., Case No. 3:16-cv-01854-RS (N.D. Cal.), the Hon.
Judge Richard Seeborg entered an order granting motion for
preliminary approval of class action and PAGA Settlement:
1. The proposed settlement is preliminarily approved, under the
terms, definitions, and provisions expressed in the
Settlement
Agreement.
2. Pursuant to Rule 23(e), the proposed Settlement Class is
preliminarily certified, with the Class Period running from
March 8, 2012, through and including the date of this order.
The Settlement Class contains the following subclasses:
a. The "Hourly Employee Class" is defined as all individuals
employed by Home Depot who worked one or more shifts in
retail stores in hourly-paid or non-exempt positions in
California during the Class Period, including persons
hired
after notice of class certification.
b. The "Post-Shift Class" is defined as all individuals
employed
by Home Depot in hourly-paid or non-exempt positions in
Home
Depot stores in California during the Class Period,
including
persons hired after notice of class certification, who
worked
at least one Closing Shift.
c. The "Rounding Class" is defined as all individuals
employed
by Home Depot who worked one or more shifts in retail
stores
in hourly-paid or non-exempt positions in California
during
the Class Period and who were paid less than their actual
clock-in and clock-out time for his or her total hours
worked
during the Class Period as a result of Home Depot's
practice
of rounding time to the nearest quarter hour, including
persons hired after notice of class certification.
3. The Plaintiffs are preliminarily appointed as class
representatives for the Settlement Class. Shaun Setareh and
Thomas Segal of the Setareh Law Group, and Cody R. Kennedy,
Alan
Lazar, and Marissa Mayhood of Marlin & Saltzman LLP, are
preliminarily appointed as Class Counsel for the same.
4. KCC is appointed as the Settlement Administrator.
5. The proposed Class Notice and the notice procedures outlined
by
the parties are approved, subject to the correction noted
supra
note.
4. Notice shall be disseminated to the Settlement Class members
pursuant to the relevant provisions of the Settlement
Agreement.
More than seven years after this litigation began, the parties have
reached a settlement for which Plaintiffs seek preliminary
approval. Under the proposed Settlement Agreement, Home Depot will
provide a gross payment of $72.5 million to resolve the claims of
three classes -- two of which have already been certified (the
"Hourly Employee Class" and the "Post-Shift Class"), and one class
(the "Rounding Class") for which Plaintiffs seek certification
pursuant to Rule 23(e) of the Federal Rules of Civil Procedure.
After participating in a full-day mediation session and subsequent
negotiations, the parties arrived at the current Settlement
Agreement. Under the Agreement, Home Depot will pay $72.5 million
as a gross settlement amount. From this, the Plaintiffs propose to
deduct
(1) one-third of the gross amount (or roughly $24.16 million)
in
attorney fees;
(2) out-of-pocket costs not to exceed $3.5 million;
(3) a $25,000 service award for the Estate of John Utne and a
$7,500 award for Alfred Pinto;
(4) up to $750,000 in settlement administration costs; and
(5) a $10,000 reserve fund for "disputed, untimely and self-
identified claims," the balance of which will be donated to
The
Homer Fund as the cypres recipient.
Home Depot is an American multinational home improvement retail
corporation that sells tools, construction products, appliances,
and services.
A copy of the Court's order dated July 28, 2023, is available from
PacerMonitor.com at https://bit.ly/3KzsvSg at no extra charge.[CC]
HOMEWORKS ENERGY: More Time to Oppose Class Certification Sought
----------------------------------------------------------------
In the class action lawsuit captioned as JOSEPH GIGUERE, on behalf
of himself and all others similarly situated, v. HOMEWORKS ENERGY,
INC., MARTIJN FLEUREN, individually and MAX VEGGEBERG,
individually, Case No. 3:21-cv-30015-MGM (D. Mass.), the Defendants
ask the Court to enter an order granting their assented to motion
to extend deadline to oppose class certification.
1. The Defendants received Plaintiff's motion for class
certification on June 30, 2023.
2. Throughout the month of July, counsel for Defendants have
each
had significant obligations. Attorney Sugumaran was recently
responsible for planning an 800-attendee conference. Attorney
Hoffman is in the midst of trial preparations for a trial
commencing in early August.
3. The Plaintiff's counsel has assented to the brief extension
requested by Defendants to oppose the pending motion for
class
certification.
4. The Defendants propose extending the deadlines for filing as
follows:
Event Current Date Proposed Date
Oppositions to Motion for Aug. 4, 2023 Aug. 11, 2023
Class Certification filed by:
Reply Brief filed by: Aug. 29, 2023 Sept. 5, 2023
HomeWorks Energy is an environmental services company.
A copy the Defendants' motion dated July 31, 2023, is available
from PacerMonitor.com at https://bit.ly/3QCYlRT at no extra
charge.[CC]
The Plaintiff is represented by:
Raymond Dinsmore, Esq.
Richard E. Hayber, Esq.
HAYBER, MCKENNA & DINSMORE, LLC
One Monarch Place, Suite 1340
Springfield, MA 01144
Telephone: (413) 785-1400
Facsimile: (860) 218-9555
E-mail: rdinsmore@hayberlawfirm.com
rhayber@hayberlawfirm.com
The Defendants are represented by:
Douglas J. Hoffman, Esq.
Keerthi Sugumaran, Esq.
JACKSON LEWIS. P.C.
75 Park Plaza, 4th Floor
Boston, MA 02116
Telephone: (617) 367-0025
E-mail: Douglas.Hoffman@jacksonlewis.com
Keerthi.Sugumaran@jacksonlewis.com
HUNTER BUSINESS: Court OK's Settlement Deal in D'Angelo Suit
------------------------------------------------------------
In the class action lawsuit captioned as DANIEL D'ANGELO, on behalf
of himself, FLSA Collective Plaintiffs, and the Class, v. HUNTER
BUSINESS SCHOOL, INC. and JAY FUND, Case No. 2:21-cv-03334-JMW
(E.D.N.Y.), the Hon. Judge James M. Wicks entered an order granting
the following motions:
-- Plaintiff's motion for Settlement Class Certification
-- Final Approval of the Class-Wide Settlement Agreement
-- Approval of the FLSA Settlement
-- Plaintiff's Motion for Approval of the Service Award and
Release
Fees in its entirety
-- Plaintiff's Motion for Attorneys' Fees, Costs and Expenses and
Administration Fees in its entirety
The Court confirms as final the appointment of:
-- Plaintiff Daniel D'Angelo, as representative of the Class,
both
under Fed. R. Civ. P. 23 and 29 U.S.C. section 216(b); and
C.K. Lee of Lee Litigation Group PLLC as Class Counsel for the
and for individuals who opted into the litigation pursuant to
the Fair Labor Standards Act (FLSA).
A. Attorneys' Fees
Class Counsel seeks attorneys' fees, costs, and expenses equal
to one-third of the settlement fund. Therefore, based on a
Settlement Fund of $450,000, counsel will be requesting
attorney's fees of $150,000, exclusive of costs and expenses.
The Settlement Agreement caps recoverable attorneys' fees at
$150,000.
These fees are not opposed by the Defendants, nor have they
been objected to by any Class Member.
Thus, because the multiplier here would be three, one well
within the range of this District, the Court approves the
attorneys' fee award of $150,000.
B. Additional Award for Costs and Expenses "Attorneys may be
compensated for reasonable out-of-pocket expenses incurred and
customarily charged to their clients, as long as they were
incidental and necessary to the representation of those
clients."
The Plaintiff Daniel D'Angelo was employed by the Defendants. On
June 14, 2021, the Plaintiff, on behalf of himself and others,
commenced this wage and hour class and collective action against
the Defendants alleging Defendants failed to pay proper overtime
wages due to misclassification of non-exempt workers as exempt
under the Fair Labor Standards Act ("FLSA") and the New York Labor
Law ("NYLL").
On June 14, 2021, the Plaintiff Daniel D'Angelo initiated this
action on behalf of himself and others similarly situated, alleging
wage and hour violations under both the FLSA and NYLL. Hunter
employed Plaintiff as a Financial Aid Adviser between October 16,
2018, and March 1, 2021.
Hunter Business was founded in 1972 for the purpose of providing
quality career training through intensive and innovative programs.
A copy of the Court's order dated July 28, 2023, is available from
PacerMonitor.com at https://bit.ly/445ISwT at no extra charge.[CC]
The Plaintiff is represented by:
C.K. Lee, Esq.
Anne Seelig, Esq.
LEE LITIGATION GROUP, PLLC
148 W. 24th Street, Ste 8th Floor
New York, NY 10011
The Defendants are represented by:
Eve Irene Klein, Esq.
Katelynn Mimi Gray, Esq.
DUANE MORRIS LLP
1540 Broadway
New York, NY 10036-4089
IDEA 247 INC: English Sues Over Cyberattack and Data Breach
-----------------------------------------------------------
Wayne English, on behalf of himself individually and on behalf of
all others similarly situated v. IDEA 247 INC., d/b/a IDEA
FINANCIAL, Case No. 1:23-cv-23081-KMW (S.D. Fla., Aug. 14, 2023),
is brought arising out of the recent cyberattack and data breach
("Data Breach") that was perpetuated against Defendant.
The Plaintiff's and Class Members' sensitive personal information
which was entrusted to Defendant--was compromised and unlawfully
accessed due to the Data Breach. The Defendant collected and
maintained certain personally identifiable information of Plaintiff
and the putative Class Members, who are (or were) customers at Idea
Financial.
The PII compromised in the Data Breach included Plaintiff's and
Class Members' names, email addresses, phone numbers, dates of
birth, FICO scores, and Social Security numbers ("personally
identifying information" or "PII"). The PII compromised in the Data
Breach was targeted and exfiltrated by cyber criminals and remains
in the hands of those cyber-criminals.
As a result of the Data Breach, Plaintiff and potentially thousands
of Class Members, suffered concrete injury in fact including, but
not limited to: Plaintiff's PII being disseminated on the dark web;
Plaintiff experiencing an increase in spam calls, texts, and/or
emails; invasion of privacy lost or diminished value of their PII;
lost opportunity costs associated with attempting to mitigate the
actual consequences of the Data Breach, including but not limited
to lost time; loss benefit of the bargain; and the continued and
certainly increased risk to their PII, which: remains unencrypted
and available for unauthorized third parties to access and abuse;
and remains backed up in Defendant's possession and is subject to
further unauthorized disclosures so long as fails to undertake
appropriate and adequate measures to protect the PII.
The Data Breach was a direct result of Defendant's failure to
implement adequate and reasonable cyber-security procedures and
protocols necessary to protect its customers' PII from a
foreseeable and preventable cyber-attack, says the complaint.
The Plaintiff is a former customer at Defendant.
The Defendant is a financial company that provides "fast and
flexible financing solutions" to its customers, including lines of
credit and business loans.[BN]
The Plaintiff is represented by:
Jonathan B. Cohen, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, LLC
3833 Central Ave.
St. Petersburg, FL 33713
Phone: (865) 247-0080
Email: jcohen@milberg.com
INCLUDED HEALTH: O'Neal Files Suit in Cal. Super. Ct.
-----------------------------------------------------
A class action lawsuit has been filed against Included Health, Inc.
The case is styled as Quincy O'Neal, and on behalf of other
memebers of the general public similarly situated v. Included
Health, Inc., Grand Rounds Health, Doctor on Demand Professionals
of California, Does 1 Through 25, Inclusive, Case No. CGC23608391
(Cal. Super. Ct., San Francisco Cty., Aug. 15, 2023).
The case type is stated as "Other Non-Exempt Complaints."
Included Health -- https://includedhealth.com/ -- offers
cost-savings healthcare solutions for organizations, delivering
virtual care & navigation for millions of Americans.[BN]
The Plaintiff is represented by:
Jonathan Genish, Esq.
BLACKSTONE LAW
8383 Wilshire Blvd., Ste. 745
Beverly Hills, CA 90211-2442
Phone: 855-786-6355
Fax: 855-786-6356
Email: jgenish@blackstonepc.com
ITS LOGISTICS: Class Certification Bid Filing Due Sept. 12, 2024
----------------------------------------------------------------
In the class action lawsuit captioned as KEITH GUTHRIE,
individually, on a representative basis, and on behalf of all
others similarly situated, v. ITS LOGISTICS, LLC, Case No.
1:21-cv-00729-ADA-EPG (E.D. Cal.), the Hon. Judge Erica P. Grosjean
entered an order setting the following case deadlines:
1. initial disclosures exchanged: Oct. 25, 2023
2. Merits discovery for the Plaintiff April 12, 2024
and scope of class due:
3. The Plaintiff's designation of May 3, 2024
class certification expert
witnesses due:
4. The Defendant's response to June 21, 2024
class certification designation
of expert witnesses due:
5. Class certification expert July 24, 2024
discovery due:
6. Class certification motion filed: Sept. 12, 2024
7. Opposition to class certification Nov. 13, 2024
motion filed:
8. Reply in support of motion for Dec. 30, 2024
class certification filed
ITS Logistics is a third-party logistics provider that delivers a
variety of services in supply chain management, transportation, and
warehousing.
A copy of the Court's order dated July 31, 2023, is available from
PacerMonitor.com at https://bit.ly/3qwSkf6 at no extra charge.[CC]
JAGUAR LAND ROVER: Joyce Files Suit in S.D. California
------------------------------------------------------
A class action lawsuit has been filed against Jaguar Land Rover
North America, LLC, et al. The case is styled as Sharon Joyce,
individually and on behalf of all others similarly situated v.
Jaguar Land Rover North America, LLC, Does 1 through 60, Case No.
3:23-cv-01434-BEN-SBC (S.D. Cal., Aug. 4, 2023).
The nature of suit is stated as Other Contract for Breach of
Warranty.
Jaguar Land Rover North America, LLC --
https://www.jaguarlandrover.com/ -- was founded in 2001. The
company's line of business includes the manufacturing or assembling
of complete passenger automobiles.[BN]
The Plaintiff is represented by:
Alana L. Mellgren, Esq.
Daniel Z. Inscore, Esq.
Richard Michael Wirtz, Esq.
WIRTZ LAW APC
4370 La Jolla Village Drive, Suite 800
San Diego, CA 92122
Phone: (858) 259-5009
Fax: (858) 259-6008
Email: mars@khaimovlaw.com
dinscore@wirtzlaw.com
rwirtz@wirtzlaw.com
- and -
Mark O'Connor, Esq.
O'CONNOR LAW GROUP
384 Forest Ave., Suite 17
Laguna Beach, CA 92651
Phone: (949) 494-9090
Fax: (949) 494-9913
Email: hello@teamolg.com
JIMMY JOHN'S: Gebhardt Suit Removed to C.D. Illinois
----------------------------------------------------
The case styled as Kayla Gebhardt, Gary Grant, Laina Jenkins, Sia
Moody, Rachel Robidoux, and Randall Seggebruch, individually, and
on behalf of all others similarly situated v. JIMMY JOHN'S, LLC,
Case No. 2023LA000082 was removed from the Circuit Court of
Champaign County, Illinois, Sixth Judicial Circuit, to the U.S.
District Court for the Central District of Illinois on Aug. 4,
2023, and assigned Case No. 2:23-cv-02168-CSB-EIL.
The Complaint alleges Defendant violated the Illinois Biometric
Information Privacy Act ("BIPA"), by collecting and storing
Plaintiffs' biometric identifiers (voiceprints) and associated
biometric information without their written consent.[BN]
The Plaintiffs are represented by:
David M. Poell, Esq.
SHEPPARD MULLIN RICHTER & HAMPTON LLP
321 North Clark Street, 32nd Floor
Chicago, IL 60654
Phone: (312) 499-6300
Fax: (312) 499-6301
Email: dpoell@sheppardmullin.com
JOHNS HOPKINS: Boots Seeks Initial OK of Settlement Addendum
------------------------------------------------------------
In the class action lawsuit captioned as ELENA BOTTS, on behalf of
herself and all others similarly situated, v. THE JOHNS HOPKINS
UNIVERSITY, Case No. 1:20-cv-01335-JRR (D. Md.), the Plaintiff
moves the Court for preliminary approval of the Addendum to Class
Settlement Agreement and Release.
The Plaintiff also ask the Court for an Order directing notice to
1,915 additional class members identified by Defendant after the
filing of the initial motion for preliminary approval and the
scheduling of a final fairness hearing.
Johns Hopkins University is a private research university in
Baltimore, Maryland.
A copy of the Parties' motion dated July 31, 2023, is available
from PacerMonitor.com at https://bit.ly/3s9pnpR at no extra
charge.[CC]
The Plaintiff is represented by:
James A. Francis, Esq.
John Soumilas, Esq.
Jordan M. Sartell, Esq.
FRANCIS MAILMAN SOUMILAS, P.C.
1600 Market Street, Suite 2510
Philadelphia, PA 19103
Telephone: (215) 735-8600
Facsimile: (215) 940-8000
E-mail: jfrancis@consumerlawfirm.com
jsoumilas@consumerlawfirm.com
jsartell@consumerlawfirm.com
- and -
Courtney L. Weiner, Esq.
LAW OFFICE OF COURTNEY WEINER PLLC
1629 K Street NW, Suite 300
Washington, DC 20006
Telephone: (202) 827-9980
E-mail: cw@courtneyweinerlaw.com
- and -
Kevin Mallon, Esq.
FRANCIS MAILMAN SOUMILAS, P.C.
One Liberty Plaza, Suite 2301
New York, NY 10006
Telephone: (646) 759-3663
E-mail: consumer.esq@outlook.com
JON B. SAGE PA: Schiller Files Suit in Fla. Cir. Ct.
----------------------------------------------------
A class action lawsuit has been filed against Jon B. Sage, P.A. The
case is styled as Natasha Schiller, individually and on behalf of
all those similarly situated v. Jon B. Sage, P.A. d/b/a Sage Law
Offices, Case No. CACE23016917 (Fla. Cir. Ct., Broward Cty., Aug.
14, 2023).
Jon B. Sage, P.A. doing business as Sage Law Offices --
https://www.sagelaw.com/ -- provide specialized services on behalf
of Healthcare Providers in the reimbursement of their accounts
receivables.[BN]
The Plaintiff is represented by:
Jennifer G. Simil, Esq.
LAW OFFICES OF JIBRAEL S. HINDI, PLLC
110 S.E. 6TH Street, Suite 1700
Fort Lauderdale, FL 33301
Phone: 954-907-1136
Fax: 855-529-9540
Email: jen@jibraellaw.com
JP MORGAN: Bazzi Files FCRA Suit in D. Arizona
----------------------------------------------
A class action lawsuit has been filed against JP Morgan Chase Bank
NA. The case is styled as JJ Bazzi, on behalf of himself and all
others similarly situated v. JP Morgan Chase Bank NA, Case No.
8:23-cv-01378-FWS-ADS (D. Ariz., Aug. 3, 2023).
The lawsuit is brought over alleged violation of the Fair Credit
Reporting Act.
JPMorgan Chase Bank, N.A., doing business as Chase --
http://www.jpmorganchase.com/-- is an American national bank
headquartered in New York City.[BN]
The Plaintiff is represented by:
Susan Mary Rotkis, Esq.
CONSUMER ATTORNEYS PLC - TUCSON, AZ
2290 E Speedway Blvd.
Tucson, AZ 85719
Phone: (602) 807-1504
Fax: (718) 715-1750
Email: srotkis@consumerattorneys.com
KAHOOT! EDU INC: Hernandez Files ADA Suit in S.D. New York
----------------------------------------------------------
A class action lawsuit has been filed against Kahoot! Edu, Inc. The
case is styled as Mairoby Hernandez, individually, and on behalf of
all others similarly situated v. Kahoot! Edu, Inc., Case No.
1:23-cv-06842 (S.D.N.Y., Aug. 3, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Kahoot! -- https://kahoot.com/ -- is a game-based learning platform
that brings engagement and fun to 1+ billion players every year at
school, at work, and at home.[BN]
The Plaintiff is represented by:
Patrick William Gallagher, Esq.
MIZRAHI KROUB LLP
225 Broadway, Ste. 39th Floor
New York, NY 10007
Phone: (212) 595-6200
Email: pgallagher@mizrahikroub.com
KANNACT INC: Dukes Files Suit in D. Oregon
------------------------------------------
A class action lawsuit has been filed against Kannact, Inc. The
case is styled as Terry Dukes, individually, and on behalf of all
others similarly situated v. Kannact, Inc., Case No.
6:23-cv-01132-AA (D. Or., Aug. 3, 2023).
The nature of suit is stated as Other Personal Property Damage for
Class Action Fairness Action - 2005.
Kannact -- https://kannact.com/ -- is a solutions provider who seek
to improve lives of patients through innovative healthcare
collaboration solutions.[BN]
The Plaintiff is represented by:
Kim D. Stephens, Esq.
TOUSLEY BRAIN STEPHENS PLLC
1200 5th Avenue, Suite 1700
Seattle, WA 98101
Phone: (206) 682-5600
Email: kstephens@tousley.com
KANSAS CITY LIFE: Fine Seeks Leave to File Documents Under Seal
---------------------------------------------------------------
In the class action lawsuit captioned as ROBERT R. FINE,
Individually and On Behalf Of All Others Similarly Situated, v.
KANSAS CITY LIFE INSURANCE COMPANY, Case No. 2:22-cv-02071-SSS-PD
(C.D. Cal.), the Plaintiff seeks renewed application for leave to
file under seal documents in Support of his motion for class
certification.
The Plaintiff requests leave to file the exhibits under seal
because KCL designated these materials as "Confidential" for the
reasons referenced herein and in KCL's response to Plaintiff's
prior application to file these documents under seal.
-- Documents sought to be filed entirely under seal. KCL contends
that courts routinely seal documents containing "sensitive
information regarding a defendant's business strategies and
product marketing, and documents that have previously been
marked
confidential, just as KCL's documents have been here."
-- As such, KCL contends the following should be filed entirely
under
seal because it alleges their disclosure would result in a
"competitive disadvantage" to KCL:
a. Documents KCL contends contain confidential mortality
assumptions and information about costs and profits.
b. Documents KCL contends are product description manuals that
contain internal processes and confidential explanations
regarding KCL's products and policyholders and/or its
expenses.
c. Documents KCL contends consist of correspondence containing
confidential information about potential KCL products and
proposed methods of calculation.
d. Documents KCL contends contain confidential information
regarding its financial reserves and assets.
e. Documents prepared by Plaintiff's expert that KCL contends
rely
on KCL's confidential documents.
The Plaintiff alleges his individual damages are $8,777.34, and
there are undoubtedly class members for whom damages will be
significantly lower (e.g., proposed class members who held their
policies for a short-period of time and had few deductions from the
account values of their policies).
The Defendant is a public insurance company established in 1895.
A copy of the Court's order dated July 31, 2023 is available from
PacerMonitor.com at https://bit.ly/3qy83KL at no extra charge.[CC]
The Plaintiff is represented by:
John J. Schirger, Esq.
Matthew W. Lytle, Esq.
Joseph M. Feierabend, Esq.
MILLER SCHIRGER, LLC
4520 Main Street, Suite 1570
Kansas City, MO 64111
Telephone: (816) 561-6500
Facsimile: (816) 561-6501
E-mail: jschirger@millerschirger.com
mlytle@millerschirger.com
jfeierabend@millerschirger.com
- and -
Patrick J. Stueve, Esq.
Ethan M. Lange, Esq.
Lindsay Todd Perkins, Esq.
David A. Hickey, Esq.
STUEVE SIEGEL HANSON LLP
460 Nichols Road, Suite 200
Kansas City, MO 64112
Telephone: (816) 714-7100
Facsimile: (816) 714-7101
E-mail: stueve@stuevesiegel.com
lange@stuevesiegel.com
perkins@stuevesiegel.com
hickey@stuevesiegel.com
- and -
E. Scott Palmer, Esq.
Katelyn B. Hunter, Esq.
PALMER HUNTER & HALL
One Wilshire Building
624 S. Grand Avenue, Suite 2200
Los Angeles, CA 90017
Telephone: (213) 629-8704
Facsimile: (213) 629-8703
E-mail: scott@palmerhunter.com
katelyn@palmerhunter.com
L H C GROUP: Kovach Suit Transferred to W.D. Louisiana
------------------------------------------------------
The case styled as Glenda Kovach, Amy Adkins, individually and as
representatives of a Putative Class of Participants and
Beneficiaries, L H C Group 401(k) Plan, v. L H C Group Inc., L H C
Group 401(k) Committee, Marcus Macip, Josh Proffitt, Chris Gill,
Kimberly Seymour, Does, Case No. 3:23-cv-00051 was transferred from
the U.S. District Court for the Southern District of West Virginia,
to the U.S. District Court for the Western District of Louisiana on
Aug. 4, 2023.
The District Court Clerk assigned Case No. 6:23-cv-01041-DCJ-DJA to
the proceeding.
The nature of suit is stated as Labor: E.R.I.S.A. for Employee
Benefits.
LHC Group, Inc. -- https://lhcgroup.com/ -- is a national provider
of in-home healthcare services and innovations for communities
around the nation.[BN]
The Plaintiffs are represented by:
Christina A Humphrey, Esq.
CHRISTINA HUMPHREY LAW
1117 State St
Santa Barbara, CA 93101
Phone: (805) 618-2924
Fax: (805) 618-2939
Email: christina@chumphreylaw.com
LABORATORY CORP: Continues to Defend Consolidated Suit
------------------------------------------------------
Laboratory Corporation of America disclosed in its Form 10-Q Report
for the quarterly period ending June 30, 2023 filed with the
Securities and Exchange Commission on August 4, 2023, that the
Company continues to defend itself from the consolidated Bouffard
and Anderson class suits in the U.S. District Court for the Middle
District of North Carolina.
On March 10, 2017, the Company was served with a putative class
action lawsuit, Victoria Bouffard, et al. v. Laboratory Corporation
of America Holdings, filed in the U.S. District Court for the
Middle District of North Carolina. The complaint alleges that the
Company's patient list prices unlawfully exceed the rates
negotiated for the same services with private and public health
insurers in violation of various state consumer protection laws.
The lawsuit also alleges breach of implied contract or
quasi-contract, unjust enrichment, and fraud. The lawsuit seeks
statutory, exemplary, and punitive damages, injunctive relief, and
recovery of attorney's fees and costs.
In May 2017, the Company filed a Motion to Dismiss Plaintiffs'
Complaint and Strike Class Allegations; the Motion to Dismiss was
granted in March 2018 without prejudice.
On October 10, 2017, a second putative class action lawsuit, Sheryl
Anderson, et al. v. Laboratory Corporation of America Holdings, was
filed in the U.S. District Court for the Middle District of North
Carolina. The complaint contained similar allegations and sought
similar relief to the Bouffard complaint, and added additional
counts regarding state consumer protection laws.
On August 10, 2018, the Plaintiffs filed an Amended Complaint,
which consolidated the Bouffard and Anderson actions.
On September 10, 2018, the Company filed a Motion to Dismiss
Plaintiffs' Amended Complaint and Strike Class Allegations.
On August 16, 2019, the court entered an order granting in part and
denying in part the Motion to Dismiss the Amended Complaint, and
denying the Motion to Strike the Class Allegations.
On August 26, 2021, Plaintiffs filed a Motion for Class
Certification.
On February 13, 2023, the court entered an order denying
Plaintiffs' Motion for Class Certification.
On February 27, 2023, Plaintiffs filed a Petition for Permission to
Appeal the court’s order with the U.S. Court of Appeals for the
Fourth Circuit.
On April 5, 2023, the Fourth Circuit denied Plaintiffs’ Petition.
The Company will vigorously defend the lawsuits.
Laboratory Corporation of America Holdings operates clinical
laboratory networks in the world, with a United States network of
36 primary laboratories.
LABORATORY CORP: Continues to Defend Davis and Vargas Class Suit
----------------------------------------------------------------
Laboratory Corporation of America disclosed in its Form 10-Q Report
for the quarterly period ending June 30, 2023 filed with the
Securities and Exchange Commission on August 4, 2023, that the
Company continues to defend itself from the Davis and Vargas class
suit in the U.S. District Court for the Central District of
California.
On January 31, 2020, the Company was served with a putative class
action lawsuit, Luke Davis and Julian Vargas, et al. v. Laboratory
Corporation of America Holdings, filed in the U.S. District Court
for the Central District of California.
The lawsuit alleges that visually impaired patients are unable to
use the Company's touchscreen kiosks at Company patient service
centers in violation of the Americans with Disabilities Act and
similar California statutes.
The lawsuit seeks statutory damages, injunctive relief, and
attorney's fees and costs.
On March 20, 2020, the Company filed a Motion to Dismiss
Plaintiffs' Complaint and to Strike Class Allegations.
In August 2020, the Plaintiffs filed an Amended Complaint.
On April 26, 2021, the Plaintiffs and the Company each filed
Motions for Summary Judgment and the Plaintiffs filed a Motion for
Class Certification. On May 23, 2022, the court entered an order
granting Plaintiffs’ Motion for Class Certification.
On June 6, 2022, the Company filed a Petition for Permission to
Appeal the Order Granting Class Certification with the U.S. Court
of Appeals for the Ninth Circuit.
On September 22, 2022, the Ninth Circuit granted the Company's
Petition for Permission to Appeal the Order Granting Class
Certification.
The Company will vigorously defend the lawsuit.
Corporation of America Holdings operates clinical
laboratory networks in the world, with a United States network of
36 primary laboratories.
LABORATORY CORP: Continues to Defend Davis Class Suit
-----------------------------------------------------
Laboratory Corporation of America disclosed in its Form 10-Q Report
for the quarterly period ending June 30, 2023 filed with the
Securities and Exchange Commission on August 4, 2023, that the
Company continues to defend itself from Davis putative class suit
in the Circuit Court for the Thirteenth Judicial Circuit for
Hillsborough County, Florida.
On August 31, 2015, the Company was served with a putative class
action lawsuit, Patty Davis v. Laboratory Corporation of America,
et al., filed in the Circuit Court of the Thirteenth Judicial
Circuit for Hillsborough County, Florida.
The complaint alleges that the Company violated the Florida
Consumer Collection Practices Act by billing patients who were
collecting benefits under the Workers' Compensation Statutes. The
lawsuit seeks injunctive relief and actual and statutory damages,
as well as recovery of attorney's fees and legal expenses.
In April 2017, the Circuit Court granted the Company's Motion for
Judgment on the Pleadings. The Plaintiff appealed the Circuit
Court's ruling to the Florida Second District Court of Appeal.
On October 16, 2019, the Florida Second District Court of Appeal
reversed the Circuit Court's dismissal, but certified a controlling
issue of Florida law to the Florida Supreme Court.
On February 17, 2020, the Florida Supreme Court accepted
jurisdiction of the lawsuit.
The court held oral arguments on December 9, 2020.
On May 26, 2022, the Florida Supreme Court issued an opinion
approving the result of the Florida Second District Court of Appeal
in favor of the Plaintiff.
The Company will vigorously defend the lawsuit.
Laboratory Corporation of America Holdings operates clinical
laboratory networks in the world, with a United States network of
36 primary laboratories.
LEGACY INC: Charlesworth Files Suit in D. Minnesota
---------------------------------------------------
A class action lawsuit has been filed against Legacy Inc. The case
is styled as Forrest Charlesworth, individually and on behalf of
all others similarly situated v. Legacy Inc., Case No.
2:23-cv-02352-NJB-MBN (D. Minn., July 6, 2023).
The nature of suit is stated as Fraud.
Legacy, Inc. -- https://www.itslegacy.com/ -- is a full service
communications, video and film production company serving the
commercial market and producing independent documentaries.[BN]
The Plaintiff is represented by:
Austin Paul Smith, Esq.
Bruce Steckler, Esq.
Kaitlyn Coker, Esq.
STECKLER WAYNE COCHRAN PLLC
12720 Hillcrest Road, Suite 1045
Dallas, TX 75230
Phone: (972) 387-4040
Fax: (972) 387-4041
Email: austin@swclaw.com
bruce@swclaw.com
kcoker@swclaw.com
- and -
Bryan L. Bleichner, Esq.
Christopher P. Renz, Esq.
Jeffrey D. Bores, Esq.
CHESTNUT CAMBRONNE PA
100 Washington Avenue South, Suite 1700
Minneapolis, MN 55401
Phone: (612) 339-7300
Fax: (612) 336-2940
Email: bbleichner@chestnutcambronne.com
crenz@chestnutcambronne.com
jbores@chestnutcambronne.com
LINCOLN MEMORIAL: Senior Files ADA Suit in S.D. New York
--------------------------------------------------------
A class action lawsuit has been filed against Lincoln Memorial
University. The case is styled as Milagros Senior, on behalf of
herself and all other persons similarly situated v. Lincoln
Memorial University, Case No. 1:23-cv-07153 (S.D.N.Y., Aug. 14,
2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Lincoln Memorial University is a private university in Harrogate,
Tennessee.[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
LOU SOBH CERRITOS: Rivas Files Suit in Cal. Super. Ct.
------------------------------------------------------
A class action lawsuit has been filed against Lou Sobh Cerritos
Saturn, Inc., et al. The case is styled as Wilber Jimenez Rivas, on
behalf of the State of California, and others similarly situated
and aggrieved v. Lou Sobh Cerritos Saturn, Inc., Does 1-100,
inclusive, Case No. 23STCV19508 (Cal. Super. Ct., Los Angeles Cty.,
Aug. 15, 2023).
Lou Sobh Cerritos Saturn, Inc., doing business as Kia of Cerritos
-- https://www.kiacerritos.com/ -- retails automobiles. The Company
offers new and used vehicles, automobile parts, and related
accessories, as well as auto financing, repairs, and maintenance
services.[BN]
The Plaintiff is represented by:
Zachary M. Crosner, Esq.
Jamie Serb, Esq.
Brandon Brouillette, Esq.
CROSNER LEGAL, PC
440 Santa Monica Blvd. Suite 301
Beverly Hills, CA 90210
Phone: (866) 276-7637
Fax: (310) 510-6429
Email: zach@crosnerlegal.com
jamie@crosnerlegal.com
bbrouillette@crosnerlegal.com
LOWE'S COMPANIES: Downing Bid for Certification of Judgment OK'd
----------------------------------------------------------------
In the class action lawsuit captioned as Justin Downing, v. Lowe's
Companies Incorporated, et al., Case No. 3:22-cv-08159-SPL (D.
Ariz.), the Hon. Judge Steven P. Logan entered an order granting
the Plaintiff's motion for certification of judgment.
The Clerk of Court is directed to enter a final judgment dismissing
with prejudice all claims against Defendant Lowe’s Companies
Incorporated pursuant to Federal Rule of Civil Procedure 54(b).
In sum, the Court finds that there is no just reason for delay.
There is almost no risk that granting the Plaintiff's Rule 54(b)
request will cause duplicate proceedings before the Ninth Circuit
because the Lowe's claims are wholly and definitively separate from
the First Advantage claims.
Further, in the absence of a Rule 54(b) judgment, there is a
reasonable chance that a significant delay will occur with respect
to final resolution of the Lowe's claims.
On June 20, 2023, the Court granted Lowe's motion to dismiss and
dismissed the company from this action with prejudice. The Court
found that, as a matter of law, Lowe's did not violate 15 U.S.C.
section 1681b(b)(2)(A) of the Fair Credit Reporting Act (FCRA).
The action was not dismissed entirely, however, as Plaintiff's two
separate claims against Defendant First Advantage Corporation
remain. The Plaintiff seeks to appeal the Court's June 20, 2023
Order dismissing his claims against Lowe's.
Lowe's Companies is a home improvement products' retailer.
A copy of the Court's order dated July 31, 2023, is available from
PacerMonitor.com at https://bit.ly/47wwA3t at no extra charge.[CC]
LUNA SANDALS: Mercedes Files ADA Suit in S.D. New York
------------------------------------------------------
A class action lawsuit has been filed against Luna Sandals, LLC.
The case is styled as Luis Mercedes, on behalf of himself and all
others similarly situated v. Luna Sandals, LLC, Case No.
1:23-cv-07183 (S.D.N.Y., Aug. 14, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Luna Sandals -- https://lunasandals.com/ -- offers outdoor
adventure, hiking and barefoot running sandals.[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
LUZERN LABORATORIES: Hernandez Files ADA Suit in S.D. New York
--------------------------------------------------------------
A class action lawsuit has been filed against Luzern Laboratories
Inc. The case is styled as Mairoby Hernandez, individually, and on
behalf of all others similarly situated v. Luzern Laboratories
Inc., Case No. 1:23-cv-06793-LGS (S.D.N.Y., Aug. 3, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Luzern -- https://luzernlabs.com/ -- manufactures a wide range of
skincare products like gentle cleansers, nutrition-rich
moisturizers, and serums.[BN]
The Plaintiff is represented by:
Ian Piasecki, Esq.
MIZRAHI KROUB LLP
225 Broadway, Ste. 39th Floor
New York, NY 10007
Phone: (347) 745-0445
Email: ipiasecki@mizrahikroub.com
MACLELLAN INTEGRATED: Sandoval Suit Removed to N.D. Illinois
------------------------------------------------------------
The case styled as Cain Sandoval, individually and on behalf of all
others similarly situated v. MacLellan Integrated Services, Inc.,
Case No. 2023LA31 was removed from the Circuit Court of Boone
County, Illinois, to the U.S. District Court for the Northern
District of Illinois on July 13, 2023.
The District Court Clerk assigned Case No. 3:23-cv-50263 to the
proceeding.
The nature of suit is stated as Other P.I. for Other Civil Rights.
MacLellan Integrated Services -- https://www.maclellanlive.com/ --
provides critical process cleaning services, process equipment and
robotics maintenance.[BN]
The Plaintiff is represented by:
Manuel Santiago Hiraldo, Esq.
HIRALDO P.A.
401 E. Las Olas Blvd., Ste. 1400
Fort Lauderdale, FL 33301
Phone: (954) 400-4713
Email: mhiraldo@hiraldolaw.com
- and -
Mark Hammervold, Esq.
HAMMERVOLD LAW
155 South Lawndale Ave.
Elmhurst, IL 60126
Phone: (405) 509-0372
Email: mark@hammervoldlaw.com
The Defendants is represented by:
Anne E. Larson, Esq.
OGLETREE, DEAKINS, NASH, SMOAK & STEWART
155 North Wacker, Suite 4300
Chicago, IL 60606
Phone: (312) 558-1253
Email: anne.larson@ogletreedeakins.com
MAMA MANAGEMENT: Filing for Class Certification Bid Due Dec. 1
--------------------------------------------------------------
In the class action lawsuit captioned as CARLOS ALONSO SANCHEZ, v.
MAMA MANAGEMENT USA LLC, Case No. 2:23-cv-04868-SB-AS (C.D. Cal.),
the Hon. Judge Stanley Blumenfeld, Jr. entered a case management
order as follows:
Trial July 22,
2024
Pretrial Conference (including hearing on July 5,
2024
motions in limine)
Motion to Amend Pleadings/Add Parties Sept. 29,
2023
(Hearing Deadline)
Motion for Class Certification Dec. 1,
2023
Opposition to Motion for Class Dec. 22,
2023
Certification
Reply Brief in Support of Class Certification Jan. 5,
2024
Motion for Class Certification Hearing Jan. 26,
2024
Discovery Deadline – Nonexpert March 1,
2024
Discovery Deadline – Expert March 29,
2024
A copy of the Court's order dated July 28, 2023, is available from
PacerMonitor.com at https://bit.ly/3Yv271E at no extra charge.[CC]
MAZDA MOTOR: Heinz Suit Transferred to C.D. California
------------------------------------------------------
The case styled as Brian Heinz, individually and on behalf of all
others similarly situated v. Mazda Motor of America, Inc.,
Defendant; Gary Guthrie, Stephanie Crain, Chad Hinton, Julio
Zelaya, Anna Gilinets, Marcy Knysz, Lester Woo, Intervenors; Case
No. 2:22-cv-02058 was transferred from the U.S. District Court for
the Eastern District of California, to the U.S. District Court for
the Central District of California on July 6, 2023.
The District Court Clerk assigned Case No. 2:23-cv-05420-DOC-DFM to
the proceeding.
The nature of suit is stated as Other Contract for Contract
Dispute.
Mazda Motor of America, Inc. -- https://www.mazda.com/ -- is a
manufacturer of automobile products.[BN]
The Plaintiff is represented by:
Thiago Merlini Coelho, Esq.
WILSHIRE LAW FIRM
3055 Wilshire Boulevard 12th Floor
Los Angeles, CA 90010
Phone: (213) 381-9988
Fax: (213) 381-9989
Email: thiago@wilshirelawfirm.com
The Defendant is represented by:
Jahmy Stanford Graham, Esq.
NELSON MULLINS RILEY AND SCARBOROUGH LLP
19191 South Vermont Avenue Suite 900
Torrance, CA 90502
Phone: (424) 221-7400
Fax: (424) 221-7499
Email: jahmy.graham@nelsonmullins.com
MICHAEL & SON SERVICES: Wenzel Files Suit in E.D. Virginia
----------------------------------------------------------
A class action lawsuit has been filed against Michael & Son
Services, Inc. The case is styled as Katherine Wenzel, individually
and on behalf of others similarly situated v. Michael & Son
Services, Inc., Case No. 4:23-cv-11569-NMG (E.D. Va., July 12,
2023).
The nature of suit is stated as Other Contract.
Michael & Son -- https://michaelandson.com/ -- is an HVAC, Plumbing
& Electrical company that has been serving Alexandria, VA & the
surrounding areas for the past 40 years.[BN]
The Plaintiff is represented by:
Courtney Weiner, Esq.
LAW OFFICE OF COURTNEY WEINER PLLC
1629 K St., NW, Suite 300
Washington, DC 20006
Phone: (202) 827-9980
Fax: (202) 792-7806
Email: cw@courtneyweinerlaw.com
MILLIMAN SOLUTIONS: Gregory Files Suit in W.D. Wisconsin
--------------------------------------------------------
A class action lawsuit has been filed against Milliman Solutions,
LLC, et al. The case is styled as Betty Gregory, on behalf of
herself and all others similarly situated v. Milliman Solutions,
LLC, CMFG Life Insurance Company, Case No. 3:23-cv-00559 (W.D.
Wis., Aug. 15, 2023).
The nature of suit is stated as Other Contract.
Milliman Solutions LLC -- https://www.milliman.com/ -- was founded
in 2016. The company's line of business includes providing
insurance agent and broker services for a range of insurance
types.[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
MODIVCARE INC: Settlement in FLSA Suit Awaits Arbitrator's OK
-------------------------------------------------------------
ModivCare Inc. disclosed in its Form 10-Q Report for the quarterly
period ending June 30, 2023 filed with the Securities and Exchange
Commission on August 3, 2023, that the settlement in a FLSA
putative class suit awaits arbitrator's approval.
On August 6, 2020, the Company's subsidiary, ModivCare Solutions,
LLC ("ModivCare Solutions"), was served with a putative class
action lawsuit filed against it by Mohamed Farah, the owner of
transportation provider Dalmar Transportation, in the Western
District of Missouri, seeking to represent all non-employee
transportation providers contracted with ModivCare Solutions. The
lawsuit alleges claims under the Fair Labor Standards Act of 1938,
as amended (the "FLSA"), and the Missouri Minimum Wage Act, and
asserts that all transportation providers to ModivCare Solutions in
the putative class should be considered ModivCare Solutions’
employees rather than independent contractors.
On June 6, 2021, the Court conditionally certified as the putative
class all current and former In Network Transportation Providers
who, individually or through their companies, were issued 1099
payments from ModivCare Solutions for providing non-emergency
medical transportation services for ModivCare Solutions for the
previous three years.
Notice of the proposed collective class was issued on October 5,
2021, and potential members of the class had until January 3, 2022
to opt-in.
Plaintiff moved for class certification on August 15, 2022, and
ModivCare Solutions filed an opposition to class certification on
September 6, 2022.
On January 13, 2023, the matter was transferred with the consent of
the parties and the court to binding arbitration.
The parties have agreed on a settlement and are awaiting the
arbitrator's approval.
ModivCare Solutions believes that it is and has been in compliance
in all material respects with the laws and regulations regarding
the characterization of the transportation providers as independent
contractors, and does not believe that the settlement arrangement,
if approved by the arbitrator, or the ultimate outcome of this
arbitration, if the settlement is not approved (which is not
expected), will have a material adverse effect on the Company’s
business, liquidity, financial condition or results of operations.
ModivCare Inc. is a technology-enabled healthcare services company
based in Colorado.
MUTUAL OF AMERICA: Bid to Toss Goldstein Suit Denied W/o Prejudice
------------------------------------------------------------------
In the case, ERIC GOLDSTEIN, et al., Plaintiffs v. MUTUAL OF
AMERICA LIFE INSURANCE COMPANY, Defendant, Case No. 22-CV-7862
(OTW) (S.D.N.Y.), Magistrate Judge Ona T. Wang of the U.S. District
Court for the Southern District of New York denies without
prejudice the Defendant's motion to dismiss.
The motion is denied in light of the order preliminarily approving
class action settlement, approving procedure and form of notice,
and scheduling a final approval hearing.
The Clerk of Court is directed to close ECF 36.
A full-text copy of the Court's July 28, 2023 Order is available at
https://tinyurl.com/ydv4wsx3 from Leagle.com.
NEVADA RESTAURANT: Court Grants Bids to Seal in Sanguinetti Suit
----------------------------------------------------------------
In the case, Sara Sanguinetti, individually and on behalf of all
others similarly situated, Plaintiffs v. Nevada Restaurant
Services, Inc., Defendant; And all related matters, Case No.
2:21-cv-01768-RFB-DJA (D. Nev.), Magistrate Judge Daniel J.
Albregts of the U.S. District Court for the District of Nevada
grants the Defendant's motions to seal.
The lawsuit is a data breach class action arising out of a
cyberattack on Nevada Restaurant Services, Inc. (NRSI) in January
2021. Plaintiffs David Dietzel, Raymond D. Speight, Sara
Sanguinetti, Patricia Saavedra, and Nina S. Kuhlmann, individually
and on behalf of all others similarly situated, sue NRSI for
damages, restitution, and injunctive relief. They claim that the
Defendant inadequately safeguarded the class members' private
information, leading to a data breach. They further claim that the
Defendant failed to provide timely and adequate notice of the
unauthorized access, resulting in the theft and misuse of their
private information.
The Defendant moves to seal Exhibit A to its motion to dismiss and
redact references thereto and to seal portions of its motion to
stay. No party has filed an opposition to either motion. Because
Judge Albregts finds compelling reasons to seal Exhibit A to the
Defendant's motion to dismiss and redact references thereto, and
because he finds good cause to file portions of the Defendant's
motion to stay under seal, he grants both motions.
Exhibit A is a declaration by William Hardin, the vice president of
Charles River Associates International (CRA). CRA investigated the
cybersecurity incident underlying the action on NRSI's behalf.
Hardin's declaration details the incident, CRA's investigative
methods, and Plaintiffs' personal and sensitive information found
on the dark web. Because the motion to dismiss is a dispositive
motion, the compelling reasons standard governs whether these
materials should be sealed and redacted.
Judge Albregts finds that the Defendant has met this standard for
three reasons. First, Exhibit A includes sensitive business
information regarding the agreement between CRA on behalf of NRSI
and the ransomware criminal syndicate, including the terms of the
agreement and financial information. Second, Exhibit A details
CRA's forensic investigation security protocols. Publicizing these
details may harm CRA's competitive advantage and put NRSI at risk
of future cyberattacks. Finally, Exhibit A includes sensitive
personal information about the Plaintiffs, including addresses,
dates of birth, phone numbers, and more. Protecting this private
information outweighs the history of public access and public
policies favoring disclosure.
The material the Defendant seeks to redact refers to the same
Exhibit attached to its motion to dismiss -- the Hardin declaration
-- for which the Court has already determined the Defendant met the
compelling reasons standard. Because a showing of compelling
reasons will suffice to meet the lower good cause standard, and the
Defendant has established compelling reasons to seal references to
Exhibit A, it has also established good cause to seal quotes and/or
references to the exhibit in its motion to stay.
Also before the Court is the Plaintiffs' response to the
Defendant's motion to dismiss. The Plaintiffs filed their response
under seal without an accompanying motion to seal. Because all
documents filed with the Court under seal must be accompanied by a
motion to seal under LR IA 10-5, Judge Albregts requires the
Plaintiffs to file a motion to seal their response.
For these reasons, the Defendant's motion to seal (ECF No. 65) is
granted. ECF No. 67 will remain under seal.
The Defendant's motion to seal (ECF No. 70) is granted. ECF No. 72
will remain under seal.
The Plaintiffs are instructed to file a motion to seal to accompany
their response to the Defendant's motion to dismiss (ECF No. 74) by
Aug. 28, 2023.
A full-text copy of the Court's July 28, 2023 Order is available at
https://tinyurl.com/323b5d4v from Leagle.com.
NOONANJU INCORPORATED: Faces Portillo Labor Suit in E.D.N.Y.
------------------------------------------------------------
CESAR PORTILLO, NORMA LORENA SAGASTUME, ROMEO UMANA, and YAKELIN
KARINA CARRANZA, individually and on behalf of all others similarly
situated, Plaintiffs v. NOONANJU INCORPORATED d/b/a FOOD FOR
THOUGHT, ANJU KATHURIA and BOBBY KATHURIA, Defendants, Case No.
2:23-cv-06017 (E.D.N.Y., August 9, 2023) is a class action against
the Defendants for violations of the Fair Labor Standards Act and
the New York Labor Law including failure to pay overtime wages,
failure to pay minimum wages, failure to pay spread of hours
compensation, failure to timely pay wages, failure to provide wage
notice, and failure to provide wage statements.
The Plaintiffs worked at Food for Thought as a delivery person,
cook, cashier, waitress, food preparer, and/or cleaner at any time
between 2007 and 2023.
Noonanju Incorporated is the owner and operator of a restaurant
under the name Food for Thought, located at 154 7th St. Garden
City, New York. [BN]
The Plaintiffs are represented by:
Roman Avshalumov, Esq.
HELEN F. DALTON & ASSOCIATES, PC
80-02 Kew Gardens Road, Suite 601
Kew Gardens, NY 11415
Telephone: (718) 263-9591
Facsimile: (718) 263-9598
NORTHWEST MICHIGAN SURGERY: Challender Conditional Status Bid Nixed
-------------------------------------------------------------------
In the class action lawsuit captioned as MELINDA CHALLENDER, et
al., v. NORTHWEST MICHIGAN SURGERY CENTER, LLC, d/b/a COPPER RIDGE
SURGERY CENTER, Case No. 1:22-cv-00459-PLM-PJG (W.D. Mich.), the
Hon. Judge Phillip J. Green entered an order dismissing without
prejudice the Plaintiffs' motion for conditional certification.
-- The August 3, 2023, settlement conference is adjourned pending
a
new date to be determined by the Court.
-- The discovery is re-opened for a period of 45 days from the
date
of this Order, limited to the issue of whether other of
Defendant's employees are "similarly situated" for purposes of
joining the pending Fair Labor Standards Act (FLSA) claim.
-- The Plaintiffs' deadline for seeking court-approved notice of
an
FLSA suit to other of Defendant's employees is October 2,
2023.
The Plaintiffs filed this putative collective action under the Fair
(FLSA), claiming that Defendant failed to pay sufficient overtime.
Specifically, Plaintiffs allege that the Defendant's "Performance
Incentive Bonus" is, as implemented, non-discretionary, and
therefore, should have been used to calculate their base and
overtime pay.
On December 2, 2022, Plaintiffs filed a Motion for Conditional
Certification. The Defendant filed a response in opposition on
January 3, 2023.
The Plaintiffs timely filed a reply. The motion was referred to the
undersigned judicial officer on March 6, 2023.
The Defendant is an Ambulatory Surgical Center in Traverse City,
MI.
A copy of the Court's order dated July 31, 2023, is available from
PacerMonitor.com at https://bit.ly/3OsV30W at no extra charge.[CC]
PELICAN PRODUCTS: Walker Files Suit in Cal. Super. Ct.
------------------------------------------------------
A class action lawsuit has been filed against Pelican Products,
Inc., et al. The case is styled as Walter Walker, on behalf of the
State of California, and others similarly situated and aggrieved v.
Pelican Products, Inc., Staffmark Investment LLC, Does 1-100,
inclusive, Case No. 23STCV19531 (Cal. Super. Ct., Los Angeles Cty.,
Aug. 15, 2023).
Pelican Products -- https://www.pelican.com/us/en/ -- is an
American multinational company that designs and manufactures
portable lighting systems, temperature controlled packaging and
protective cases.[BN]
The Plaintiff is represented by:
Zachary M. Crosner, Esq.
Jamie Serb, Esq.
Brandon Brouillette, Esq.
CROSNER LEGAL, PC
440 Santa Monica Blvd. Suite 301
Beverly Hills, CA 90210
Phone: (866) 276-7637
Fax: (310) 510-6429
Email: zach@crosnerlegal.com
jamie@crosnerlegal.com
bbrouillette@crosnerlegal.com
PJ OPS IDAHO: Wins Summary Judgment Bid vs Edwards
--------------------------------------------------
In the class action lawsuit captioned as CORY EDWARDS, et al., On
behalf of himself and those similarly situated, v. PJ OPS IDAHO,
LLC, et al., Case No. 1:17-cv-00283-DCN (D. Idaho), the Hon. Judge
David C. Nye entered an order that:
1. The Plaintiffs' Motion for Summary Judgment is denied.
2. The Defendants' Motion for Summary Judgment is granted.
3. The Court previously vacated the discovery deadlines in this
case.
The case is a putative hybrid Rule 23 class and 29 U.S.C. section
216(b) collective action. The Plaintiffs, who were Defendants'
pizza-delivery drivers, assert violations of the Fair Labor
Standards Act (FLSA) and various state laws.
A copy of the Court's order dated July 31, 2023 is available from
PacerMonitor.com at https://bit.ly/3OVYq1G at no extra charge.[CC]
POLLEN MOBILE: Layer Zero Sues Over Sale of Unregistered PCN Tokens
-------------------------------------------------------------------
LAYER ZERO and DAVID HUDSON, individually and on behalf of all
others similarly situated, Plaintiffs v. POLLEN MOBILE LLC,
PRONTO.AI INC., ANTHONY LEVANDOWSKI, and CHRISTIAN KURASEK,
Defendants, Case No. 3:23-cv-04023 (N.D. Cal., August 9, 2023) is a
class action against the Defendants for violations of Securities
Act of 1933 and California Corporations Code including unregistered
offer and sale of securities, control person liability, offer and
sale of unqualified securities, and sale of expiring gift cards.
The case arises from the Defendants' offering and selling of Pollen
Coin (PCN) tokens without filing registration statements with the
U.S. Securities and Exchange Commission. PCN tokens were securities
within the meaning of the Securities Act of 1933 and the California
Corporations Code. As a direct and proximate result of the
Defendants' unregistered sale of securities, the Plaintiffs and
Class members have suffered damages in connection with their
respective purchases of PCN.
Layer Zero is a company composed of two corporate entities,
Auzolan, Inc., and Superliminal, Inc., both headquartered in
California.
Pollen Mobile LLC is a wholly owned subsidiary of Pronto.ai, Inc.,
headquartered in San Francisco, California.
Pronto.ai Inc. is a system software company, headquartered in San
Francisco, California. [BN]
The Plaintiffs are represented by:
Jason Harrow, Esq.
GERSTEIN HARROW LLP
12100 Wilshire Blvd., Ste. 800
Los Angeles, CA 90025
Telephone: (323) 744-5293
E-mail: jason@gerstein-harrow.com
- and -
Charles Gerstein, Esq.
Emily Gerrick, Esq.
GERSTEIN HARROW LLP
810 7th Street NE, Suite 301
Washington, DC 20002
Telephone: (202) 670-4809
E-mail: charlie@gerstein-harrow.com
PRUDENTIAL INSURANCE: Parker Sues Over Data Breach
--------------------------------------------------
Bruce Parker, on behalf of himself and all others similarly
situated v. THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, Case No.
2:23-cv-04617-MEF-JSA (D.N.J., Aug. 15, 2023), is brought seeks
monetary damages and injunctive and declaratory relief in this
action, arising from Defendant's failure to safeguard the
Personally Identifiable Information ("Private Information") of its
customers and insurance agents, which resulted in unauthorized
access to its information systems on May 29 and May 30, 2023 and
the compromised and unauthorized disclosure of that Private
Information, causing widespread injury and damages to Plaintiff and
the proposed Class members.
An unauthorized third party accessed one of Defendant's MOVEit
Transfer servers and downloaded certain files from the server on
May 29, 2023 and May 30, 2023 ("Data Breach"). As a result of the
Data Breach, which Defendant failed to prevent, the Private
Information of Defendant's customers, including Plaintiff and the
proposed Class members, were stolen. For customers, the exposed
information includes one or more of the following: Social Security
number, first and last name, date of birth, zip code, state of
residence and phone number.
The Defendant's investigation concluded that the Private
Information compromised in the Data Breach included Plaintiff's and
approximately 320,840 other individuals' information (together,
"Consumers") the Defendant's failure to safeguard Consumers' highly
sensitive Private Information as exposed and unauthorizedly
disclosed in the Data Breach violates its common law duty and
Defendant's implied contract with its Consumers to safeguard their
Private Information.
The Plaintiff and Class members now face a lifetime risk of
identity theft due to the nature of the information lost, including
Social Security numbers, which they cannot change, and which cannot
be made private again, says the complaint.
The Plaintiff provided Private Information to the Defendant.
The Defendant is a Newark, New Jersey-based insurance company,
serving customers and working with insurance agents throughout the
country.[BN]
The Plaintiff is represented by:
Vicki J. Maniatis, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
100 Garden City Plaza, Suite 500
Garden City, NY 11530
Phone: (865) 412-2700
Email: vmaniatis@milberg.com
- and -
Gary M. Klinger, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN LLC
227 W. Monroe Street, Suite 2100
Chicago, IL 60606
Phone: (866) 252-0878
Email: gklinger@milberg.com
- and -
Andrew J. Shamis, Esq., Esq.
SHAMIS & GENTILE P.A.
14 NE 1st Ave., Suite 705
Miami, FL 33132
Phone: 305-479-2299
Email: ashamis@shamisgentile.com
- and -
Jeff Ostrow, Esq.
Kristen Lake Cardoso, Esq.
Steven Sukert, Esq.
KOPELOWITZ OSTROW FERGUSON WEISELBERG GILBERT
One West Las Olas Blvd., Suite 500
Fort Lauderdale, FL 33301
Phone: (954) 525-4100
Email: ostrow@kolawyers.com
cardoso@kolawyers.com
sukert@kolawyers.com
ROSS STORES: Spady Suit Removed to E.D. Pennsylvania
----------------------------------------------------
The case captioned as Rashiek Spady, on behalf of himself and
others similarly situated v. ROSS STORES, INC., Case No. 230700366
was removed from the Pennsylvania Court of Common Pleas of
Philadelphia County, to the U.S. District Court for the Eastern
District of Pennsylvania on Aug. 4, 2023, and assigned Case No.
2:23-cv-03010.
In the Complaint, Plaintiff alleges that Ross violated the
Philadelphia Fair Workweek Employment Standards ("Fair Workweek
Law").[BN]
The Defendants are represented by:
Joseph J. Centeno, Esq.
George C. Morrison, Esq.
Keith M. Lee, Esq.
BUCHANAN INGERSOLL & ROONEY PC
Two Liberty Place
50 S. 16th Street, Suite 3200
Philadelphia, PA 19102
Phone: (215) 665-8700
Facsimile: (215) 665-8760
Email: joseph.centeno@bipc.com
george.morrison@bipc.com
keith.lee@bipc.com
ROTHYS INC: Miller Files ADA Suit in W.D. New York
--------------------------------------------------
A class action lawsuit has been filed against Rothys, Inc. The case
is styled as Kimberly Miller, on behalf of herself and all other
persons similarly situated v. Rothys, Inc., Case No. 1:23-cv-00840
(W.D.N.Y., Aug. 15, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Rothy's -- http://rothys.com/-- is an American direct-to-consumer
company which designs and sells shoes and accessories.[BN]
The Plaintiff appears pro se.
RTX CORPORATION: Peneycad Sues Over Exchange Act Violation
----------------------------------------------------------
Joshua Peneycad, individually and on behalf of all others similarly
situated v. RTX CORPORATION f/k/a RAYTHEON TECHNOLOGIES
CORPORATION, GREGORY HAYES, NEIL MITCHILL, and ANTHONY F. O'BRIEN,
Case No. 3:23-cv-01035 (D. Conn., Aug. 3, 2023), is brought on
behalf of persons or entities who purchased or otherwise acquired
publicly traded RTX securities between February 8, 2021 and July
25, 2023, inclusive (the "Class Period"), seeking to recover
compensable damages caused by Defendant's violations of the federal
securities laws under the Securities Exchange Act of 1934 (the
"Exchange Act").
On February 8, 2021, the Company filed with the SEC its Annual
Report on Form 10-K for the year ended December 31, 2020 (the "2020
Annual Report"). Attached to the 2020 Annual Report were
certifications pursuant to the Sarbanes-Oxley Act of 2002 ("SOX")
signed by Defendants Hayes and O'Brien attesting to the accuracy of
financial reporting, the disclosure of any material changes to the
Company's internal control over financial reporting and the
disclosure of all fraud.
On February 11, 2022, the Company filed with the SEC its Annual
Report on Form 10-K for the year ended December 31, 2021 (the "2021
Annual Report"). Attached to the 2021 Annual Report were
certifications pursuant to SOX signed by Defendants Hayes and
Mitchill attesting to the accuracy of financial reporting, the
disclosure of any material changes to the Company's internal
control over financial reporting and the disclosure of all fraud.
On February 7, 2023, the Company filed with the SEC its Annual
Report on Form 10-K for the year ended December 31, 2022 (the "2022
Annual Report"). Attached to the 2022 Annual Report were
certifications pursuant to SOX signed by Defendants Hayes and
Mitchill attesting to the accuracy of financial reporting, the
disclosure of any material changes to the Company's internal
control over financial reporting and the disclosure of all fraud.
The statements were 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: the GTF engines had been affected
from at least 2015-2020 by a quality control issue; this quality
control issue would require RTX to recall and reinspect many of its
GTF airplanes, affecting customers and harming its business; and as
a result, Defendants' statements about its business, operations,
and prospects, were materially false and misleading and/or lacked a
reasonable basis at all relevant times.
On July 25, 2023, Reuters released an article entitled "RTX shares
tumble on Pratt & Whitney airliner engine problem." The article
discussed how RTX stock had dropped on the news of issues with
Pratt & Whitney engines. On this news, RTX's share price fell $9.91
per share, or 10.2%, to close at $87.10 on July 25, 2023. 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 RTX securities during the Class Period.
RTX purports to be "an aerospace and defense company that provides
advanced systems and services for commercial, military and
government customers worldwide."[BN]
The Plaintiff is represented by:
Eric P. Smith, Esq.
FAXON LAW GROUP LLC
59 Elm Street,
New Haven, CT 06510
Phone: 203-624-9500
Fax: 203-624-9100
Email: esmith@faxonlawgroup.com
SAINT FRANCIS HOSPITAL: Suit Removed to N.D. Oklahoma
-----------------------------------------------------
The case styled as John Doe, Individually, and on behalf of all
others similarly situated v. Saint Francis Hospital, Inc. doing
business as: Saint Francis Health System, Case No. CJ-23-02373 was
removed from the Tulsa County District Court, Hudson County, to the
U.S. District Court for the Northern District of Oklahoma on Aug.
14, 2023.
The District Court Clerk assigned Case No. 4:23-cv-00351-TCK-MTS to
the proceeding.
The nature of suit is stated as Other P.I.
Saint Francis Hospital, Inc. doing business as Saint Francis Health
System -- https://www.saintfrancis.com/ -- is an integrated health
system in Tulsa, Oklahoma, with an emphasis on a complete continuum
of care.[BN]
The Plaintiff is represented by:
Matthew D. Alison, Esq.
Indian and Environmental Law Group, PLLC
9 E. 4th St., S. Ste. 204
Tulsa, OK 74103
Phone: (918) 347-6169
Email: matthew@iaelaw.com
The Defendants is represented by:
Charles H Moody, Esq.
RODOLF & TODD
401 S Boston Ave., Ste. 2000
Tulsa, OK 74103
Phone: (918) 295-2100
Fax: (918) 295-7800
Email: cmoody@rodolftodd.com
SAKS & COMPANY: Castillo Suit Removed to E.D. Pennsylvania
----------------------------------------------------------
The case captioned as Alexis Gonzalez and The case styled as
Scarlet Castillo and Nelson Castillo, on behalf of themselves and
others similarly situated v. SAKS & COMPANY LLC, SAKS.COM LLC, and
ARROW WORKFORCE SOLUTIONS, LLC, Case No. 230600046 was removed from
the Court of Common Pleas, Philadelphia County, Pennsylvania, to
the U.S. District Court for the Eastern District of Pennsylvania on
July 14, 2023, and assigned Case No. 2:23-cv-02699-KBH.
In their Complaint, Plaintiffs claim that Defendants violated the
Pennsylvania Minimum Wage Act ("PMWA"), 43 P.S. §§ 333.101, et
seq., by "failing to pay wages for time associated with certain
required activities arising on Defendants' premises at the
beginning and end of the workday."[BN]
The Defendants are represented by:
Andrea M. Kirshenbaum, Esq.
Lorenzo B. Riboni, Esq.
LITTLER MENDELSON, P.C.
Three Parkway
1601 Cherry Street, Suite 1400
Philadelphia, PA 19102.1321
Phone: 267.402.3000
Facsimile: 267.402.3131
Email: akirshenbaum@littler.com
lriboni@littler.com
- and -
Andrea M. Kirshenbaum, Esq.
Lorenzo B. Riboni, Esq.
LITTLER MENDELSON, P.C.
Three Parkway
1601 Cherry Street, Suite 1400
Philadelphia, PA 19102.1321
Phone: 267.402.3000
Facsimile: 267.402.3131
Email: akirshenbaum@littler.com
lriboni@littler.com
SAMARASCENTS LLC: Sookul Files ADA Suit in S.D. New York
--------------------------------------------------------
A class action lawsuit has been filed against SamaraScents, LLC.
The case is styled as Sanjay Sookul, on behalf of himself and all
others similarly situated v. SamaraScents, LLC, Case No.
1:23-cv-07235 (S.D.N.Y., Aug. 15, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Samarascents -- https://www.samarascents.com/ -- is a mother
daughter owned home fragrance company that makes candles, wax melts
and room and linen sprays.[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
SAN FRANCISCO OPERA: Hooks Files Suit in Cal. Super. Ct.
--------------------------------------------------------
A class action lawsuit has been filed against San Francisco Opera
Association, et al. The case is styled as Leighland Hooks, and on
behalf of other members of the general public similarly situated v.
San Francisco Opera Association, Does 1 Through 100, Inclusive,
Case No. CGC23608130 (Cal. Super. Ct., San Francisco Cty., Aug. 3,
2023).
The case type is stated as "Other Non-Exempt Complaints."
The San Francisco Opera is an American opera company founded in
1923 by Gaetano Merola based in San Francisco, California.[BN]
The Plaintiff is represented by:
Arby Aiwazian, Esq.
LAWYERS for JUSTICE, PC
410 Arden Ave., Ste. 203
Glendale, CA 91203-4007
Phone: 818-265-1020
Fax: 818-265-1021
Email: arby@calljustice.com
SANTA CLARA FAMILY: Skurauskis Files Suit in S.D. Florida
---------------------------------------------------------
A class action lawsuit has been filed against Santa Clara Family
Health Plan. The case is styled as Ariana Skurauskis, Renee Rogers,
Noah Rogers, on behalf of themselves and all others similarly
situated v. Santa Clara Family Health Plan, Case No.
0:23-cv-61518-RAR (S.D. Fla., Aug. 4, 2023).
The nature of suit is stated as Other Contract for Breach of
Warranty.
Santa Clara Family Health Plan -- http://www.scfhp.com/-- is a
health insurance agency in San Jose, California.[BN]
The Plaintiff is represented by:
Jeffrey Miles Ostrow, Esq.
Kopelowitz Ostrow PA
1 W. Las Olas Blvd., Suite 500
Fort Lauderdale, FL 33301-4216
Phone: (954) 525-4100
Fax: (954) 525-4300
Email: ostrow@kolawyers.com
- and -
Jessica Ann Wallace, Esq.
SIRI GLIMSTAD LLP
20200 West Dixie Highway, Suite 902
Aventura, FL 33180
Phone: (786) 244-5660
Fax: (646) 417-5967
Email: jwallace@sirillp.com
- and -
Mason A. Barney, Esq.
Tyler J. Bean, Esq.
SIRI & GLIMSTAD LLP
745 Fifth Avenue, Suite 500
New York, NY 10151
Phone: (212) 532-1091
Email: mbarney@sirillp.com
TJB@federmanlaw.com
The Defendants is represented by:
Jennifer Ann McLoone, Esq.
SHOOK, HARDY & BACON L.L.P.
201 South Biscayne Blvd,., Suite 3200
Miami, FL 33131
Phone: (305) 358-5171
Fax: (305) 358-7470
Email: jmcloone@shb.com
SCWAN'C CONSUMER: Keygen Files Suit in Cal. Super. Ct.
------------------------------------------------------
A class action lawsuit has been filed against Scwan'c Consumer
Brands, Inc. The case is styled as Mikhail Keygen, individually and
on behalf of all others similarly situated v. Scwan'c Consumer
Brands, Inc., Case No. CGC23608338 (Cal. Super. Ct., San Francisco
Cty., Aug. 14, 2023).
The case type is stated as "Other Non-Exempt Complaints."
Schwan's Consumer Brands, Inc. -- https://www.schwanscompany.com/
-- manufactures and markets food products.[BN]
The Plaintiff is represented by:
Kyle Gurwell, Esq.
LAW OFFICE OF KYLE GURWELL
7755 Center Ave., Ste. 1100
Huntington Beach, CA 92647-3091
Phone: 714-372-2245
Email: kng@lawofficekg.com
SECURLY INC: Bate Sues Over Unauthorized Collection of Data
-----------------------------------------------------------
Sheri Bate, and her child N.M., and Azucena Mejia, and her child
A.S., individually and on behalf of others similarly situated v.
SECURLY, INC., Case No. 3:23-cv-01304-AGS-DEB (S.D. Cal., July 17,
2023), is brought for damages and injunctive relief against the
Defendant, and its present, former, or future direct and indirect
parent companies, subsidiaries, affiliates, agents, related
entities for violations of the California Penal ("CIPA") including
Wiretapping in relation to the unauthorized collection, recording,
and dissemination of Plaintiff's and Class Members' data.
The Defendant made an unauthorized connection with each Plaintiff's
mobile device when Defendant collected and stored geolocation data
specific to each Plaintiff's mobile device and then provided such
information to its clients for targeted advertising and other
purposes without their knowledge or consent.
Each Plaintiff brings this action for every violation of California
Penal Code which provides for statutory damages of $2,500 for each
violation, pursuant to California Penal Code, and Penal Code for
statutory damages of $5,000 for each violation under Penal Code.
The Defendant collected, sold, licensed, and transferred each
Plaintiff's precise geolocation data which were associated to
visits to sensitive locations without Plaintiff's knowledge or
consent. These actions cause or are likely to cause substantial
injury to each Plaintiff which are not outweighed by any benefits
to the consumer or competition.
In addition, each Plaintiff brings this action for damages and
other legal and equitable remedies resulting from the illegal
actions of Defendant in knowingly disclosing personally
identifiable information--including a record of every video they
view without consent, says the complaint.
The Plaintiff is the mother of N.M., a minor child.
The Defendant is a Delaware corporation.[BN]
The Plaintiff is represented by:
Joshua B. Swigart, Esq.
SWIGART LAW GROUP, APC
2221 Camino del Rio S, Ste 308
San Diego, CA 92108
Phone: 866-219-3343
Fax: 866-219-8344
Email: Josh@SwigartLawGroup.com
SENIOR VILLAGE: Markle Suit Transferred to M.D. Tennessee
---------------------------------------------------------
The case styled as Heather Markle, Teresa Wheeler, and all others
similarly situated v. Senior Village Management, LLC, Case No.
1:23-cv-01832 was transferred from the U.S. District Court for the
District of Colorado, to the U.S. District Court for the Middle
District of Tennessee on Aug. 4, 2023.
The District Court Clerk assigned Case No. 3:23-cv-00792 to the
proceeding.
The nature of suit is stated as Anti-Trust.
Senior Village Management, LLC is a property management company in
Brighton, Michigan.[BN]
The Plaintiffs are represented by:
Matthew James Porter Coffman, Esq.
COFFMAN LEGAL, LLC
1550 Old Henderson Road, Suite 126
Columbus, OH 43220
Phone: (614) 949-1181
Fax: (614) 386-9964
Email: mcoffman@mcoffmanlegal.com
The Defendant is represented by:
Christina M Janice
SEYFARTH SHAW LLP
233 S. Wacker Drive, Suite 8000
Chicago, IL 60606-6448
Phone: (312) 460-5000
Fax: (312) 460-7000
Email: cjanice@seyfarth.com
- and -
Mark W. Wallin
BARNES & THORNBURG LLP
One North Wacker Drive, Suite 4400
Chicago, IL 60606
Phone: (312) 214-4591
Email: mark.wallin@btlaw.com
SHANLEE INC: Sued Over Failure to Pay Minimum Wages
---------------------------------------------------
Jane Doe I; and Jane Doe II, individually and on behalf of the
class of persons v. SHANLEE, INC. d/b/a FANTASIA GENTLEMEN'S CLUB;
and SHANNON RELIFORD, Case No. 2:23-cv-01068-GMB (N.D. Ala., Aug.
14, 2023), is brought under the Fair Labor Standards Act
("FLSA")for failure to pay minimum wages, and for illegally
confiscating monies earned from the performance of exotic dances,
however they are characterized.
The Defendants willfully engaged in a pattern, policy and practice
of unlawful conduct for the actions alleged in this Complaint.
Defendants willfully failed to pay Plaintiffs the minimum wages
they were entitled to under applicable Federal laws, Additionally,
Defendants unlawfully require dancers to disgorge monies given to
them by patrons, effectively forcing them to split them with
non-tipped employees. The Plaintiffs bring this action on behalf of
themselves and other similarly situated employees seeking damages,
back pay, liquidated damages, civil penalties, prejudgment
interest, reasonable attorneys' fees and costs, and any and all
other relief that the Court deems just, reasonable and equitable in
the circumstances, says the complaint.
The Plaintiffs were exotic dancers/entertainers at an establishment
known as Fantasia in Madison County, Alabama.
Shanlee, Inc. is an Alabama corporation operating a nightclub in
Madison County, Alabama, called Fantasia.[BN]
The Plaintiff is represented by:
Brian Clark, Esq.
WIGGINS CHILDS PANTAZIS FISHER & GOLDFARB, LLC
The Kress Building
301 19th Street North
Birmingham, AL 35203
Phone: (205) 314-0500
Facsimile: (205) 254-1500
Email: bclark@wigginschilds.com
SHOHEI OHTANI: Garrison Suit Transferred to S.D. Florida
--------------------------------------------------------
The case styled as Edwin Garrison, Gregg Podalsky, Skyler Lindeen,
Alexander Chernyavsky, Sunil Kavuri, Gary Gallant, David Nicol, on
behalf of themselves and all others similarly situated v. Shohei
Ohtani, Naomi Osaka, David Gene Lawrence, Solomid Corporation d/b/a
Team Solomid, TSM and/or TSM FTX, Case No. 2:23-cv-05951 was
transferred from the U.S. District Court for the Central District
of California, to the U.S. District Court for the Southern District
of Florida on Aug. 14, 2023.
The District Court Clerk assigned Case No. 1:23-cv-23064-KMM to the
proceeding.
The nature of suit is stated as Other Fraud.
Shohei Ohtani, nicknamed "Shotime", is a Japanese professional
baseball pitcher and designated hitter for the Los Angeles Angels
of Major League Baseball.[BN]
SOUTHWEST BUSINESS: Faces Ruiz Suit Over Unpaid Overtime for CSRs
-----------------------------------------------------------------
NORA RUIZ, a.k.a. NORA MENDEZ, on behalf of herself and all others
similarly situated, Plaintiff v. SOUTHWEST BUSINESS CORPORATION,
Defendant, Case No. 5:23-cv-00979-XR (W.D. Tex., August 9, 2023) is
a class action against the Defendant for failure to pay overtime
wages in violation of the Fair Labor Standards Act and for breach
of contract and unjust enrichment.
The Plaintiff worked for the Defendant as an hourly remote customer
service representative (CSR) from approximately February 2022 until
approximately February 2023.
Southwest Business Corporation is a call center company with its
principal place of business located in San Antonio, Texas. [BN]
The Plaintiff is represented by:
Kevin Stoops, Esq.
SOMMERS SCHWARTZ, P.C.
One Towne Square, 17th Floor
Southfield, MI 48076
Telephone: (248) 355-0300
E-mail: kstoops@sommerspc.com
ST. ANN, MO: Parties Seek Prelim Approval of Class Settlement
-------------------------------------------------------------
In the class action lawsuit captioned as QUINTON THOMAS, et al., v.
CITY OF ST. ANN, Case No. 4:16-cv-01302-SEP (E.D. Mo.), the Parties
request that the Court enter an Order:
(1) Preliminarily approving the proposed class action
settlement;
(2) Certifying the Settlement Classes for settlement purposes
only;
(3) Approving the Notice and dissemination of Notice to the
Class
Members; and
(4) Scheduling a Final Approval Hearing.
St. Ann is a city in northwest St. Louis County, Missouri.
A copy of the Court's order dated July 31, 2023, is available from
PacerMonitor.com at https://bit.ly/3QE3PMq at no extra charge.[CC]
The Plaintiffs are represented by:
Blake A. Strode, Esq.
John Waldron, Esq.
Maureen Hanlon, Esq.
Jamitra Fulleord, Esq.
ARCHCITY DEFENDERS, INC.
440 North 4th Street, Ste. 390
Saint Louis, MO 63102
Telephone: (855) 724-2489 ext. 1021
Facsimile: (314) 925-1307
E-mail: bstrode@archcitydefenders.org
jwaldron@archcitydefenders.org
mhanlon@archcitydefenders.org
- and -
S. Zachary Fayne, Esq.
ARNOLD & PORTER KAYE SCHOLER LLP
Three Embarcadero Center, 10th Floor
San Francisco, CA 94111
Telephone: (415) 471-3110
Facsimile: (415) 471-3400
E-mail: zachary.fayne@arnoldporter.com
The Defendant is represented by:
Jason S. Retter, Esq.
Blake D. Hill, Esq.
HELLMICH, HILL & RETTER, LLC
1049 N. Clay Ave.
Kirkwood, MO 63122
Telephone: (314) 646-1110
E-mail: jason@hellmichhillretter.com
ST. ANN, MO: Prelim OK of Class Settlement Sought in Walker
-----------------------------------------------------------
In the class action lawsuit captioned as MEREDITH WALKER, et al.,
v. CITY OF ST. ANN, Case No. 4:18-cv-01699-SEP (E.D. Mo.), the
Parties request that the Court enter an Order:
(1) Preliminarily approving the proposed class action
settlement;
(2) Certifying the Settlement Classes for settlement purposes
only;
(3) Approving the Notice and dissemination of Notice to the
Class
Members; and
(4) Scheduling a Final Approval Hearing.
St. Ann is a city in northwest St. Louis County, Missouri.
A copy of the Parties' motion dated July 31, 2023 is available from
PacerMonitor.com at https://bit.ly/3OSmAdG at no extra charge.[CC]
STELLAR MANUFACTURING: Settles BIPA Class Suit for $693,000
-----------------------------------------------------------
Top Class Actions reports that a fund of $692,655 has been
established to resolve a class action lawsuit brought by employees
and others who gave biometric information such as fingerprints in
order to access facilities or clock in at Stellar Manufacturing Co.
in Illinois, in violation of the Illinois Biometric Information
Privacy Act.
The settlement class consists of all individuals who used a hand or
finger biometric identifier or biometric information at any of the
defendant's Illinois facilities from May 5, 2015, to Jan. 28, 2021.
The settlement class includes 756 individuals.
The lawsuit stems from the alleged violation of BIPA, which
requires consent before an entity collects or stores individuals'
biometric data, such as fingerprints. BIPA, originally passed in
2008, requires written disclosures and written consent to collect
such biometric data.
The law was passed because biometric information can be attached to
other important information, such as Social Security numbers or
financial accounts. Unlike those types of information, which can be
changed if compromised, biometric information cannot be changed.
Thus, Illinois passed a law restricting the use of such information
and how it can be obtained.
Stellar Manufacturing Co., according to its website, manufactures
solid particle products, specializing in compact granulation,
briquetting, blending and tableting. It serves industries
associated with water treatment chemicals, agrochemicals and
detergents.
The defendants deny the claims in the lawsuit and contend they did
nothing wrong, but settled the lawsuit due to the uncertain costs
associated with the risk of trial.
According to the terms of the BIPA settlement agreement, class
members who fill out a claim form will receive approximately $550
after attorneys' fees, costs and the plaintiffs' incentive awards
are deducted from the settlement fund.
The exact amount of the payment is unknown and will vary depending
on several factors. The settlement administrator will calculate the
final amount and will pay distributions directly to each eligible
member who returns a claim form.
The deadline for exclusion and objection has passed.
A final fairness hearing in the BIPA settlement is set for Aug. 31,
2023.
The claim form deadline is Oct. 15, 2023. Class members should have
received a claim form in the mail as a postcard. A claim form is
also available online.
Who's Eligible
The settlement class consists of all individuals who used a hand or
finger biometric identifier or biometric information at any of
Stellar Manufacturing Co. 's Illinois facilities from May 5, 2015,
to Jan. 28, 2021.
Potential Award
$550 (estimated)
Proof of Purchase
NA
Claim Form
CLICK HERE TO FILE A CLAIM »
NOTE: If you do not qualify for this settlement do NOT file a
claim.
Remember: you are submitting your claim under penalty of perjury.
You are also harming other eligible Class Members by submitting a
fraudulent claim. If you're unsure if you qualify, please read the
FAQ section of the Settlement Administrator's website to ensure you
meet all standards (Top Class Actions is not a Settlement
Administrator). If you don't qualify for this settlement, check out
our database of other open class action settlements you may be
eligible for.
Claim Form Deadline
10/15/2023
Case Name
Masters, et al. v. Stellar Manufacturing Co., et al., Case No.
20L1010, in the Circuit Court of the 20th Judicial Circuit, St.
Clair County, Illinois.
Final Hearing
08/31/2023
Settlement Website
StellarFingerprintSettlement.com
Claims Administrator
Powell v. Stellar Manufacturing Co.
c/o Settlement Administrator
PO Box 25244
Santa Ana, CA 92799
info@StellarFingerprintSettlement.com
888-427-9230
Class Counsel
Roberto Costales
Beaumont Costales LLC
Defense Counsel
Hayes Ryan
Gordon Rees Scully Mansukhani LLP [GP]
SUPPLYING DEMAND: Luis Files ADA Suit in S.D. New York
------------------------------------------------------
A class action lawsuit has been filed against Supplying Demand,
Inc. The case is styled as Kevin Yan Luis, individually and on
behalf of all others similarly situated v. Supplying Demand, Inc.,
Case No. 1:23-cv-07176 (S.D.N.Y., Aug. 14, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Supplying Demand, Inc., doing business as Liquid Death --
https://liquiddeath.com/ -- provides beverages. The Company offers
still, sparking, mango flavored, and severed lime water.[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
SYMETRA LIFE: Filing of Class Cert Bid Due Nov. 21
--------------------------------------------------
In the class action lawsuit captioned as DENNIS E. DAVIS,
individually and on behalf of all others similarly situated, v.
SYMETRA LIFE INSURANCE COMPANY, Case No. 2:21-cv-00533-TL (W.D.
Wash.), the Hon. Judge Tana Lin entered an order modifying
scheduling order as follows:
Event Deadline
Symetra to complete production of Aug. 11, 2023
agreed-upon ESI documents no later than:
Symetra to serve verified supplemental Aug. 18, 2023
interrogatory responses no later than:
All motions related to class discovery Sept. 8, 2023
must be filed by the date:
All motions related to class discovery Oct. 6, 2023
must be noted on the motion calendar
no later than the Friday before discovery
closes pursuant to LCR 7(d) or LCR 37(a)(2):
Class Discovery completed by this date: Oct. 12, 2023
Deadline to file Plaintiff's motion Nov. 21, 2023
for class certifications and class
expert disclosure:
Deadline for amended pleadings: Nov. 21, 2023
Reports from Plaintiff's expert witnesses Nov. 21, 2023
under FCP 26(a)(2) for use in support of
class certification
Deadline to file Defendant's opposition Jan. 24, 2024
to Plaintiff's motion for class
certification and any objections to
Plaintiff's experts
Reports from Defendant's expert Jan. 24, 2024
witnesses under FRCP 26(a)(2)
Deadline to file Plaintiff's Reply March 8, 2024
brief in support of class certification
motion and any objection to Defendant's
experts
Settlement Conference, if mediation has Apr. 26, 2024
been requested by the parties per LCR 39.1,
held no later than
Mediation per LCR 39.1, if requested by May 31, 2024
the parties, held no later than
Symetra offers annuities, disability, medical, accidental, and life
insurance services.
A copy of the Court's order dated July 31, 2023, is available from
PacerMonitor.com at https://bit.ly/47pxY8d at no extra charge.[CC]
The Plaintiff is represented by:
Kim D. Stephens, Esq.
Rebecca L. Solomon, Esq.
TOUSLEY BRAIN STEPHENS PLLC
1200 Fifth Avenue, Suite 1700
Seattle, WA 98101
Telephone: (206) 682-5600
Facsimile: (206) 682-2992
E-mail: kstephens@tousley.com
rsolomon@tousley.com
- and -
Patrick J. Stueve, Esq.
Lindsay Todd Perkins, Esq.
Ethan M. Lange, Esq.
David A. Hickey, Esq.
STUEVE SIEGEL HANSON LLP
460 Nichols Road Ste. 200
Kansas City, MO 64112
Telephone: (816) 714-7100
Facsimile: (816) 714-7101
E-mail: siegel@stuevesiegel.com
perkins@stuevesiegel.com
lange@stuevesiegel.com
hickey@stuevesiegel.com
- and -
John J. Schirger, Esq.
Matthew W. Lytle, Esq.
Joseph M. Feierabend, Esq.
MILLER SCHIRGER, LLC
4520 Main Street Ste. 1570
Kansas City, MO 64111
Telephone: (816) 561-6500
Facsimile: (816) 561-6501
E-mail: jschirger@millerschirger.com
mlytle@millerschirger.com
jfeierabend@millerschirger.com
The Defendant is represented by:
Laura Geist, Esq.
WILLKIE FARR & GALLAHER LLP
One Front Street
San Francisco, CA 94111
Telephone: (415) 858-7400
Facsimile: (415) 858-7599
E-mail: lgeist@willkie.com
- and -
Medora A. Marisseau, Esq.
KARR TUTTLE CAMPBELL
701 Fifth Ave., Ste. 3300
Seattle, WA 98104
Telephone: (206) 223-1313
Facsimile: (206) 682-7100
E-mail: mmarisseau@karrtuttle.com
SYNGENTA CROP: Ott Suit Transferred to M.D. North Carolina
----------------------------------------------------------
The case styled as Robert Ott, on behalf of themselves and all
others similarly situated v. Syngenta Crop Protection AG, Syngenta
Corporation, Syngenta Crop Protection LLC Corteva Inc., Case No.
1:23-cv-01098 was transferred from the U.S. District Court for the
Eastern District of California, to the U.S. District Court for the
Middle District of North Carolina on Aug. 14, 2023.
The District Court Clerk assigned Case No. 1:23-cv-00684 to the
proceeding.
The nature of suit is stated as Anti-Trust for Antitrust
Litigation.
Syngenta AG -- https://www.syngenta.com/en -- is a provider of
agricultural science and technology, in particular seeds and
pesticides with its management headquarters in Basel,
Switzerland.[BN]
The Plaintiff is represented by:
Christopher Micheletti, Esq.
ZELLE LLP
555 12th Street, Suite 1230
Oakland, CA 94607
Phone: (415) 693-0700
Fax: (415) 693-0770
Email: cmicheletti@zellelaw.com
TAG ASSOCIATES: Senior Files ADA Suit in S.D. New York
------------------------------------------------------
A class action lawsuit has been filed against Tag Associates, LLC.
The case is styled as Frank Senior, on behalf of himself and all
other persons similarly situated v. Tag Associates, LLC, Case No.
1:23-cv-06856-JHR-SDA (S.D.N.Y., Aug. 4, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
TAG Associates -- https://tagassoc.com/ -- is a leading
multi-family office and portfolio management services firm managing
approx.[BN]
The Plaintiff is represented by:
Jeffrey Michael Gottlieb, Esq.
Michael A. LaBollita, Esq.
GOTTLIEB & ASSOCIATES
150 E. 18 St., Suite PHR
New York, NY 10003
Phone: (212) 228-9795
Email: nyjg@aol.com
michael@gottlieb.legal
TAKEYA USA: Sookul Files ADA Suit in S.D. New York
--------------------------------------------------
A class action lawsuit has been filed against Takeya USA
Corporation. The case is styled as Sanjay Sookul, on behalf of
himself and all others similarly situated v. Takeya USA
Corporation, Case No. 1:23-cv-07234 (S.D.N.Y., Aug. 15, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Takeya USA -- https://takeyausa.com/ -- is a fast-growing active
fitness brand that specializes in insulated hydration solutions for
people on the go.[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
TEACHERS INSURANCE: Fails to Secure Customers' Info, Smuda Claims
-----------------------------------------------------------------
GWENDOLYN SMUDA and STEVEN CHECCHIA, on behalf of themselves and
all others similarly situated, Plaintiffs v. TEACHERS INSURANCE AND
ANNUITY ASSOCIATION OF AMERICA, Defendant, Case No.
1:23-cv-07020-VEC (S.D.N.Y., August 9, 2023) is a class action
against the Defendant for negligence, negligence per se, breach of
implied contract, unjust enrichment, and declaratory relief.
The case arises from the Defendant's failure to properly secure and
safeguard the personally identifiable information (PII) of the
Plaintiff and similarly situated customers stored within its
network systems following a data breach on May 29, 2023 and May 30,
2023. The Defendant also failed to timely notify the Plaintiff and
similarly situated individuals about the data breach. As a result,
the PII and PHI of the Plaintiff and Class members were compromised
and damaged through access by and disclosure to unknown and
unauthorized third parties, says the suit.
Teachers Insurance and Annuity Association of America is a
financial services organization based in New York, New York. [BN]
The Plaintiffs are represented by:
Andrew J. Shamis, Esq.
SHAMIS & GENTILE P.A.
14 NE 1st Ave., Suite 705
Miami, FL 33132
Telephone: (305) 479-2299
E-mail: ashamis@shamisgentile.com
- and -
Jeff Ostrow, Esq.
Kristen Lake Cardoso, Esq.
Steven Sukert, Esq.
KOPELOWITZ OSTROW FERGUSON WEISELBERG GILBERT
One West Las Olas Blvd., Suite 500
Fort Lauderdale, FL 33301
Telephone: (954) 525-4100
E-mail: ostrow@kolawyers.com
cardoso@kolawyers.com
sukert@kolawyers.com
- and -
Gary Klinger, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
227 West Monroe Street, Suite 2100
Chicago, IL 60606
Telephone: (866) 252-0878
E-mail: GKlinger@milberg.com
TERREBONNE PARISH: Parties in O'Bryan Suit Seek FLSA Certification
-------------------------------------------------------------------
In the class action lawsuit captioned as BOBBIE O'BRYAN, JR., On
Behalf of Himself and All Others Similarly Situated, v. TERREBONNE
PARISH CONSOLIDATED GOVERNMENT, Case No. 2:22-cv-03203-ILRL-MBN
(E.D. La.), the Parties file an agreed motion and stipulation
regarding Fair Labor Standards Act ("FLSA") Certification and
notice to putative collective action members as follows:
"All hourly paid Houma Police Department law enforcement
officers
who worked for Defendant during the work periods of August 22,
2021 to September 4, 2021, and/or September 5, 2021, to
September
18, 2021."
A copy of the Parties' motion dated July 31, 2023, is available
from PacerMonitor.com at https://bit.ly/4545I9B at no extra
charge.[CC]
The Plaintiff is represented by:
Allen R. Vaught, Esq.
VAUGHT FIRM, LLC
1910 Pacific Ave., Suite 9150
Dallas, TX 75201
Telephone: (972) 707-7816
Facsimile: (972) 591-4564
E-mail: avaught@txlaborlaw.com
- and -
Damon J. Baldone, Esq.
Thomas E. Dunn, Esq.
BALDONE LAW FIRM
162 New Orleans Blvd.
Houma, LA 70364
Telephone: (985) 868-3427
Facsimile: (985) 872-2319
E-mail: damon@baldonelaw.com
thomas@baldonelaw.com
The Defendant is represented by:
Rachael A. Jeanfreau, Esq.
E. Fredrick Preis, Jr., Esq.
Eve B. Mastiner, Esq.
BREAZEALE, SACHSE & WILSON, L.L.P.
909 Poydras Street, Suite 1500
New Orleans, LA 70112-4004
Telephone: (504) 619-1800
Facsimile (504) 584-5452
E-mail: Fred.Preis@bswllp.com
Eve.Masinter@bswllp.com
Rachael.Jeanfreau@bswllp.com
TEXAS BANK AND TRUST: Walker Files Suit in Tex. Dist. Ct.
---------------------------------------------------------
A class action lawsuit has been filed against Texas Bank and Trust.
The case is styled as Ashley Walker, on behalf of herself and all
others similarly situated v. Texas Bank and Trust, Case No.
2023-1348-B (Tex. Dist. Ct., Gregg Cty., Aug. 15, 2023).
The case type is stated as "Other Civil (OCA)."
Texas Bank and Trust -- https://www.texasbankandtrust.com/ --
offers a complete line of business checking accounts to meet your
unique financial needs.[BN]
The Plaintiff is represented by:
Ryan L. Thompson, Esq.
THOMPSON LAW INJURY LAWYERS
3300 Oak Lawn Ave. Suite 300
Dallas, TX 75219
Pone: (214) 919-5860
Fax: (214) 716-0116
TJX COMPANIES: Herrera ADA Suit Removed to D. New Jersey
--------------------------------------------------------
The case styled as Carlos Herrera, on behalf of himself and all
others similarly situated v. The TJX Companies Inc., Case No.
HUD-L-002372-23 was removed from the Superior Court of New Jersey,
Hudson County, to the U.S. District Court for the District of New
Jersey on Aug. 4, 2023.
The District Court Clerk assigned Case No. 2:23-cv-04185-MEF-LDW to
the proceeding.
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
The TJX Companies, Inc. -- http://www.tjx.com/-- is an American
multinational off-price department store corporation, headquartered
in Framingham, Massachusetts.[BN]
The Plaintiff is represented by:
Daniel Zemel, Esq.
ZEMEL LAW LLC
660 Broadway
Paterson, NJ 07514
Phone: (862) 227-3106
Fax: (973) 525-2552
Email: dz@zemellawllc.com
The Defendants is represented by:
Joseph Michael Vento, Esq.
SEYFARTH SHAW LLP
620 8th Ave., Ste. 31-084
New York, NY 10018
Phone: (212) 218-5548
Email: jvento@seyfarth.com
TOYOTA MOTOR: Filing for Class Certification Bid Due Dec. 2
-----------------------------------------------------------
In the class action lawsuit captioned as GLENN KESSELMAN, an
individual, on behalf of himself and all others similarly situated,
et al. v. TOYOTA MOTOR SALES, U.S.A., INC., a California
corporation, Case No. 2:21-cv-06010-TJH-JC (C.D. Cal.), the Hon.
Judge Terry J. Hatter, Jr. entered an order granting stipulation to
continue deadlines as follows:
1. All deadlines related to briefing and discovery in the
Court's
Class Briefing Order are vacated.
2. The Plaintiffs shall file their Motion(s) for Class
Certification on or before December 22, 2023.
3. The Defendants shall have until February 2, 2024, to take
the
deposition of any expert disclosed in connection with
Plaintiffs' Motion(s) for Class Certification.
4. The Defendants shall file their Opposition(s) to any
Motion(s)
for Class Certification on or before March 1, 2024.
5. The Plaintiffs shall have until April 12, 2024, to take the
deposition of any expert disclosed in connection with
Defendants' Opposition(s) to any Motion(s) for Class
Certification.
6. The Plaintiffs shall file their Reply to any Opposition(s) to
the Motion(s) for Class Certification on or before May 3,
2024.
7. The hearing date for the Motion(s) for Class Certification
shall
be May 24, 2024, and taken under submission.
8. The last day to hear a motion to amend the pleadings or add
new
parties shall be October 13, 2023.
9. The status conference currently set for November 20, 2023, at
10:00 remains unchanged.
Toyota Motor is the North American Toyota sales, marketing, and
distribution subsidiary devoted to the United States market.
A copy of the Court's order dated July 31, 2023, is available from
PacerMonitor.com at https://bit.ly/447kOJR at no extra charge.[CC]
TRACKSMITH CORPORATION: Luis Files ADA Suit in S.D. New York
------------------------------------------------------------
A class action lawsuit has been filed against Tracksmith
Corporation. The case is styled as Kevin Yan Luis, individually and
on behalf of all others similarly situated v. Tracksmith
Corporation, Case No. 1:23-cv-06813 (S.D.N.Y., Aug. 3, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Tracksmith -- https://www.tracksmith.com/ -- is an independent
running company that celebrates the competitive spirit.[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
TSG INTERACTIVE US: Sykes Files Suit in S.D. New York
-----------------------------------------------------
A class action lawsuit has been filed against TSG Interactive US
Services Limited. The case is styled as Melanie Sykes, on behalf of
herself and all others similarly situated v. TSG Interactive US
Services Limited doing business as: Pokerstars, Case No.
1:23-cv-07210 (S.D.N.Y., Aug. 15, 2023).
The nature of suit is stated as Other P.I.
TSG Interactive US Services Limited doing business as Pokerstars --
https://www.pokerstars.com/ -- is an online poker cardroom. It is
the largest real money online poker site in the world, controlling
over two-thirds of the total online poker market, and can be
accessed through downloadable poker clients for Windows, macOS,
Android and iOS.[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
UNITED STATES NATURAL GAS: Continues to Defend Lucas Class Suit
---------------------------------------------------------------
United States Natural Gas Fund LP disclosed in its Form 10-Q Report
for the quarterly period ending June 30, 2023 filed with the
Securities and Exchange Commission on August 4, 2023, that the
Company continues to defend itself from the Lucas class suit in the
U.S. District Court for the Southern District of New York.
On June 19, 2020, USCF, USO, John P. Love, and Stuart P. Crumbaugh
were named as defendants in a putative class action filed by
purported shareholder Robert Lucas (the "Lucas Class Action").
The Court thereafter consolidated the Lucas Class Action with two
related putative class actions filed on July 31, 2020 and August
13, 2020, and appointed a lead plaintiff. The consolidated class
action is pending in the U.S. District Court for the Southern
District of New York under the caption In re: United States Oil
Fund, LP Securities Litigation, Civil Action No. 1:20-cv-04740.
On November 30, 2020, the lead plaintiff filed an amended complaint
(the "Amended Lucas Class Complaint"). The Amended Lucas Class
Complaint asserts claims under the 1933 Act, the Exchange Act, and
Rule 10b-5.
The Amended Lucas Class Complaint challenges statements in
registration statements that became effective on February 25, 2020
and March 23, 2020 as well as subsequent public statements through
April 2020 concerning certain extraordinary market conditions and
the attendant risks that caused the demand for oil to fall
precipitously, including the COVID-19 global pandemic and the Saudi
Arabia-Russia oil price war.
The Amended Lucas Class Complaint purports to have been brought by
an investor in USO on behalf of a class of similarly-situated
shareholders who purchased USO securities between February 25, 2020
and April 28, 2020 and pursuant to the challenged registration
statements.
The Amended Lucas Class Complaint seeks to certify a class and to
award the class compensatory damages at an amount to be determined
at trial as well as costs and attorney's fees. The Amended Lucas
Class Complaint named as defendants USCF, USO, John P. Love, Stuart
P. Crumbaugh, Nicholas D. Gerber, Andrew F Ngim, Robert L. Nguyen,
Peter M. Robinson, Gordon L. Ellis, and Malcolm R. Fobes III, as
well as the marketing agent, ALPS Distributors, Inc., and the
Authorized Participants: ABN Amro, BNP Paribas Securities
Corporation, Citadel Securities LLC, Citigroup Global Markets,
Inc., Credit Suisse Securities USA LLC, Deutsche Bank Securities
Inc., Goldman Sachs & Company, J.P. Morgan Securities Inc., Merrill
Lynch Professional Clearing Corporation, Morgan Stanley & Company
Inc., Nomura Securities International Inc., RBC Capital Markets
LLC, SG Americas Securities LLC, UBS Securities LLC, and Virtu
Financial BD LLC.
The lead plaintiff has filed a notice of voluntary dismissal of its
claims against BNP Paribas Securities Corporation, Citadel
Securities LLC, Citigroup Global Markets Inc., Credit Suisse
Securities USA LLC, Deutsche Bank Securities Inc., Morgan Stanley &
Company, Inc., Nomura Securities International, Inc., RBC Capital
Markets, LLC, SG Americas Securities LLC, and UBS Securities LLC.
USCF, USO, and the individual defendants in In re: United States
Oil Fund, LP Securities Litigation intend to vigorously contest
such claims and have moved for their dismissal.
Based in Alameda, Calif., United States Natural Gas Fund LP is a
commodity pool that intends to issue units that may be purchased
and sold on the American Stock Exchange.
UNITED STATES: Ramon Suit Stayed Pending Class Cert Bid Resolution
------------------------------------------------------------------
In the class action lawsuit captioned as CLAUDIO ARMIJOS RAMON, v.
ALEJANDRO MAYORKAS, Secretary, U.S. Department of Homeland
Security, et al., Case No. 1:23-cv-01974-JHR (S.D.N.Y.), the Hon.
Judge Jennifer H. Rearden entered an order staying suit pending
resolution of the class certification motion in "Enriquez."
-- Within 14 days of an order disposing of the class
certification
motion in Enriquez (the "class certification decision"), the
parties will submit a status report to the Court stating their
respective positions as to the effect of the class
certification
decision on this action.
On March 8, 2023, Plaintiff filed the complaint in this action
seeking an order compelling U.S. Citizenship and Immigration
Services ("USCIS") to take action on his Application for
Provisional Unlawful Presence Waiver (Form I-601A).
United States Department of Homeland Security is the U.S. federal
executive department responsible for public security, roughly
comparable to the interior or home ministries of other countries.
A copy of the Court's order dated July 31, 2023, is available from
PacerMonitor.com at https://bit.ly/3YB2isw at no extra charge.[CC]
The Plaintiff is represented by:
Nicklaus Misiti, Esq.
LAW OFFICES OF NICKLAUS MISITI
42 Catharine St 12601-2529
Poughkeepsie, NY 10005
Telephone: (845) 926-1177
E-mail: misitiglobal@misitiglobal.com
The Defendants are represented by:
Damian Williams, Esq.
Nancy D. Pham, Esq.
U.S. DEPARTMENT OF JUSTICE
86 Chambers Street, 3rd Floor
New York, NY 10007
Telephone: (202) 305-8062
E-mail: nancy.pham3@usdoj.gov
UNIVERSITY OF MIAMI: Court Dismisses Emrit Class Action
-------------------------------------------------------
In the class action lawsuit captioned as RONALD SATISH EMRIT V.
UNIVERSITY OF MIAMI SCHOOL OF LAW, et al. Case No.
3:23-cv-00102-MPM-RP (N.D. Miss.), the Hon. Judge Michael P. Mills
entered an order that:
1. The Defendants' motion to dismiss is granted. The case is
dismissed without prejudice.
2. All remaining motions are denied as moot.
The Plaintiff Emrit alleges that "the principal place of business
and/or nerve center" of all three defendants is the University of
Miami School of Law in Coral Gables, Florida (Id.). Mr. Emrit
asserts a series of claims that duplicate the claims he asserted
earlier in a separate lawsuit in the Southern District of Florida.
Mr. Emrit's allegations constellate around an alleged decision of
the University of Miami Law School not to employ him.
Mr. Emrit identifies no connection to the Northern District of
Mississippi. In granting Mr. Emrit's earlier motion to proceed in
forma pauperis, the Court noted that "venue is plainly improper in
this court, as none of the defendants is alleged to reside in this
district and none of the allegations are related in any way to this
district.
The Defendant is the law school of the University of Miami, a
private research university in Coral Gables, Florida.
A copy of the Court's order dated July 31, 2023 is available from
PacerMonitor.com at https://bit.ly/3sbn6dV at no extra charge.[CC]
UNIVERSITY OF TAMPA: Senior Files ADA Suit in S.D. New York
-----------------------------------------------------------
A class action lawsuit has been filed against The University of
Tampa, Incorporated. The case is styled as Milagros Senior, on
behalf of herself and all other persons similarly situated v. The
University of Tampa, Incorporated, Case No. 1:23-cv-06845-AT
(S.D.N.Y., Aug. 3, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
The University of Tampa -- https://www.ut.edu/ -- is a private,
residential university located on the riverfront in downtown
Tampa.[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
UPWORK INC: Senior Files ADA Suit in S.D. New York
--------------------------------------------------
A class action lawsuit has been filed against Upwork Inc. The case
is styled as Frank Senior, on behalf of himself and all other
persons similarly situated v. Upwork Inc., Case No.
1:23-cv-06859-PGG-SLC (S.D.N.Y., Aug. 4, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Upwork Global Inc. -- http://www.upwork.com/-- formerly
Elance-oDesk, is an American freelancing platform headquartered in
Santa Clara and San Francisco, California.[BN]
The Plaintiff is represented by:
Jeffrey Michael Gottlieb, Esq.
Michael A. LaBollita, Esq.
GOTTLIEB & ASSOCIATES
150 E. 18 St., Suite PHR
New York, NY 10003
Phone: (212) 228-9795
Email: nyjg@aol.com
michael@gottlieb.legal
VERITAS FUNDING: Court Tosses Sapan Bid for Class Certification
---------------------------------------------------------------
In the class action lawsuit captioned as PAUL SAPAN, individually
and on behalf of all others similarly situated, v. VERITAS FUNDING,
LLC, Case No. 8:23-cv-00468-CJC-ADS (C.D. Cal.), the Hon. Judge
Cormac J. Carney entered an order denying the Plaintiff's motion
for class certification.
-- The Plaintiff may file a motion for default judgment on behalf
of
himself alone by August 11, 2023. Failure to file a motion by
that date will result in dismissal of Plaintiff's Complaint.
-- In sum, the evidence the Plaintiff submitted is too sparse for
the Court to conduct a "rigorous analysis" and become
"satisfied"
that Rule 23's numerosity requirement is met.
-- The Plaintiff is not a typical representative of the class,
nor
can he adequately protect the class's interests as Rule 23(a)
requires, because the major focus of the litigation in this
case
will be on issues and defenses unique to Plaintiff, not on the
class's claims. See Hanon, 976 F.2d at 508.
In the putative class action, the Plaintiff Sapan alleges that
Defendant Veritas violated the Telephone Consumer Protection Act
("TCPA") by making unsolicited "cold calls" to "sell financial
and/or mortgage packages" to "massive lists of phone numbers in the
United States with no regard for whether these numbers have been
registered on the National Do-Not-Call Registry."
On October 13, 2021, the Defendant allegedly called Plaintiff
without his consent three times.
On July 5, 2023, the Plaintiff filed this motion for class
certification, in which he asks the Court to certify the following
class before he files a motion for default judgment:
"All persons and entities located within the United States of
America who claim to be able to provide a phone bill or
statement
showing they were a residential telephone subscriber and that
their
number was registered on the National Do-Not-Call Registry to
whose
residential telephone Defendants and/or its agents transmitted
two
or more telemarketing calls in one calendar year without prior
express written consent from the called party or an 'existing
business relationship' at any time from March 14, 2019, to the
present, including up to and through trial."
Veritas offers mortgage lending and refinancing services.
A copy of the Court's order dated July 28, 2023 is available from
PacerMonitor.com at https://bit.ly/3qs7272 at no extra charge.[CC]
VERMONT FLANNEL: Toro Files ADA Suit in S.D. New York
-----------------------------------------------------
A class action lawsuit has been filed against The Vermont Flannel
Co. The case is styled as Jasmine Toro, on behalf of herself and
all others similarly situated v. The Vermont Flannel Co., Case No.
1:23-cv-06884-AT (S.D.N.Y., Aug. 4, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Vermont Flannel -- https://www.vermontflannel.com/ -- brings the
finest, softest flannel clothing in the world.[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
VISA INC: Seeks to Decertify Class in B & R Suit
------------------------------------------------
In the class action lawsuit captioned as B & R SUPERMARKET, INC.,
et al., v. VISA, INC., et al., Case No. 1:17-cv-02738-MKB-VMS
(E.D.N.Y.), the Defendants file a notice of motion to decertify
class.
Visa Inc. is an American multinational financial services
corporation.
A copy of the Defendants' motion dated July 31, 2023, is available
from PacerMonitor.com at https://bit.ly/3s7jnho at no extra
charge.[CC]
The Defendant is represented by:
Robert J. Vizas, Esq.
Matthew A. Eisenstein, Esq.
Rosemary Szanyi, Esq.
Michael A. Rubin, Esq.
Karen C. Otto, Esq.
ARNOLD & PORTER
KAYE SCHOLER LLP
Three Embarcadero Center, 10th Flr
San Francisco, CA 94111-4024
Telephone: (415) 471-3100
Facsimile.: (415) 471-3400
E-mail: robert.vizas@arnoldporter.com
matthew.eisenstein@arnoldporter.com
rosemary.szanyi@arnoldporter.com
michael.rubin@arnoldporter.com
karen.otto@arnoldporter.com
- and -
Kenneth A. Gallo, Esq.
Yahonnes Cleary, Esq.
Brette Tannenbaum, Esq.
PAUL, WEISS, RIFKIND,
WHARTON & GARRISON LLP
2001 K Street, NW
Washington, DC 20006-1047
Telephone: (202) 223-7300
Facsimile: (202) 223-7420
E-mail: kgallo@paulweiss.com
ycleary@paulweiss.com
btannenbaum@paulweiss.com
WAITR HOLDINGS: BCCL Class Suit Remanded to Louisiana Court
-----------------------------------------------------------
Waitr Holdings Inc. disclosed in its Form 10-Q Report for the
quarterly period ending June 30, 2023 filed with the Securities and
Exchange Commission on August 17, 2023, that the Bobby's Country
Cookin' LLC class suit was remanded to the United States District
Court for the Western District of Louisiana for further
proceedings.
In April 2019, the Company was named as a defendant in a class
action complaint filed by certain current and former restaurant
partners, captioned Bobby’s Country Cookin', LLC, et al v. Waitr
Holdings Inc., which is currently pending in the United States
District Court for the Western District of Louisiana.
The plaintiffs assert claims for breach of contract and violation
of the duty of good faith and fair dealing, and they seek recovery
on behalf of themselves and two separate classes.
Based on the current class definitions, as many as 10,000
restaurant partners could be members of the two separate classes at
issue.
In February 2022, the parties reached a proposed settlement in
principle to resolve the litigation in its entirety and requested a
stay of the pending litigation.
Ultimately, no settlement agreement was executed by the parties nor
was District Court approval obtained.
Thereafter, the Company sought and was granted leave to appeal the
denial of its motion for summary judgment to the Fifth Circuit.
On June 29, 2023, the Fifth Circuit reversed the District Court’s
ruling, in part, and then remanded the case to the District Court
for further proceedings.
Waitr Holdings, Inc., is a Delaware corporation with its principal
place of business located in Lake Charles, Louisiana. According to
the Company's profile, Waitr purports to be a leading online food
ordering and delivery service connecting local restaurants to
diners in underserved markets via its Web site and mobile
application ("app") Waitrapp.com.[BN]
WALMART INC: Lewis Sues Over Concealment of Material Defect
-----------------------------------------------------------
Yolanda Lewis, individually and on behalf of all others similarly
situated vs. WALMART INC., Case No. 2:23-cv-00280 (N.D. Ind., Aug.
15, 2023), is brought arising from the Defendant's concealment of a
material defect in the 2019, 2020, and 2021 Onn Surf and Pro
tablets (the "Class Devices") in violations of the Magnusson-Moss
Warranty Act, the Indiana Deceptive Consumer Sales Act, breach of
implied and express warranties, fraudulent misrepresentation, and
unjust enrichment
The displays of the Class Devices--which are necessary for their
operation--are prone to cracking, developing black patches of "dead
pixels," and otherwise ceasing to function as the result of the
Class Devices' defective design and materials (the "Display
Defect"). Numerous customer reviews posted to Defendant's website
attest to the fact that applying normal pressure to the screen of a
Class Device during ordinary use or subjecting a Class Device to
ordinary and foreseeable stress (such as allowing it to gently drop
to a surface or placing it into or removing it from a protective
case) can cause the screen to crack, malfunction, or cease to
function. The Display Defect often renders the Class Devices
unusable, typically within the warranty period.
Walmart has long been aware of the Display Defect in the Class
Devices. Yet, notwithstanding its longstanding knowledge of the
Display Defect, Defendant routinely has refused to repair or
replace the Class Devices without charge when the Display Defect
manifests. Many owners of the Class Devices have communicated with
Walmart's employees and agents to request that Defendant remedy
and/or address the Display Defect and/or resultant damage at no
expense. Defendant has failed and/or refused to do so.
Moreover, Walmart has not taken sufficient action to warn consumers
about the Display Defect. Defendant has not publicly acknowledged
the Display Defect in any forum. As a result of Walmart's unfair,
abusive, deceptive, and fraudulent business practices, owners of
the Class Devices, including Plaintiff, have suffered an
ascertainable loss of money, property and/or value. The egregiously
unfair, deceptive, and unconscionable trade practices committed by
Defendant give rise to substantial aggravating factors.
Had Plaintiff and Class members known about the Display Defect at
the time of purchase, they would not have bought the Class Devices,
or would have paid substantially less for them. As a result of the
Display Defect and the monetary costs associated with attempting to
repair damage caused by the Display Defect and replacing the Class
Devices, Plaintiff and Class members have suffered injury in fact,
incurred damages, and otherwise have been harmed by Defendant's
conduct, says the complaint.
The Plaintiff purchased a total of five Class Devices through
Walmart's website.
The Defendant marketed, sold, and distributed to customers and
retailers across the country under its private label brand
"Onn."[BN]
The Plaintiff is represented by:
Jeff S. Gibson, Esq.
WAGNER REESE, LLP
11939 N. Meridian St., Ste. 100
Carmel, IN 46032
Phone: (317) 569-0000
Facsimile: (317) 569-8088
Email: jgibson@wagnerreese.com
- and -
Nicholas A. Migliaccio, Esq.
Jason S. Rathod, Esq.
Bryan Faubus, Esq.
MIGLIACCIO & RATHOD LLP
412 H St NE
Washington D.C. 20002
Phone: (202) 470-3520
Facsimile: (202) 800-2730
Email: nmigliaccio@classlawdc.com
jrathod@classlawdc.com
bfaubus@classlawdc.com
WALMART INC: Scott Files Suit in D. Maryland
--------------------------------------------
A class action lawsuit has been filed against Walmart Inc. The case
is styled as Adrian R. Scott, on behalf of himself and all
similarly situated individuals v. Walmart Inc., Wal-Mart Stores
East LP, Dough McMillon, Delmid Villatoro, Nailah Reid-Armstrong,
Dipali Patel, et al, to include additional, potential defendants,
known and unknown, Case No. 1:23-cv-02228-LKG (D. Md., Aug. 15,
2023).
The nature of suit is stated as Other Labor for Employment
Discrimination.
Walmart Inc. -- https://corporate.walmart.com/ -- 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.[BN]
The Plaintiff appears pro se.
WALMART INC: Wins Summary Judgment v. Merck in FCRA Class Suit
--------------------------------------------------------------
In the class action lawsuit captioned as THOMAS MERCK, v. WALMART
INC., Case No. 2:20-cv-02908-SDM-EPD (S.D. Ohio), the Hon. Judge
Sarah D. Morrison entered an order granting Walmart's motion for
summary judgment.
-- Merck's motion for class certification is denied as moot.
-- The Clerk is directed to terminate this case from the docket.
The Court said, "It is undisputed that Merck's consumer report was
accurate -- he was in fact convicted of misdemeanor theft in 2001,
and failed to disclose the conviction on his Criminal History
Addendum. It is also undisputed that Walmart would not have hired
Merck in June 2016, even if he had explained that the omission was
an honest mistake. Merck thus fails to carry his burden to set
forth specific facts demonstrating Article III standing."
Thomas Merck applied to work at Walmart in 2016. Although Merck did
not disclose a prior misdemeanor in his application, the conviction
surfaced on a background report. Merck's report was flagged with a
code, "R3", indicating failure to disclose criminal history.
Had Merck disclosed the misdemeanor, he would have been hired. But
the R3 code made him un-hirable under Walmart policy. So, in
accordance with the Fair Credit Reporting Act (FCRA), Walmart sent
Merck a notice of his rights and a copy of his background report --
but the report Walmart sent did not include the R3 code. Merck
claims that Walmart's conduct violated the FCRA.
Walmart is an American multinational retail corporation that
operates a chain of hypermarkets, discount department stores, and
grocery stores in the United States.
A copy of the Court's order dated July 28, 2023 is available from
PacerMonitor.com at https://bit.ly/3DTgNy4 at no extra charge.[CC]
WAX PAPER: Christensen Files Suit in Cal. Super. Ct.
----------------------------------------------------
A class action lawsuit has been filed against Wax Paper, LLC. The
case is styled as Elyssa Christensen, individually and on behalf of
all other Aggrieved Employees v. Wax Paper, LLC, Wax Paper
Frogtown, LLC, Wax Paper Chinatown, LLC, Does 1 through 50
inclusive, Case No. 23STCV19453 (Cal. Super. Ct., Los Angeles Cty.,
Aug. 15, 2023).
Wax Paper -- https://www.waxpaperco.com/ -- is a sandwich
shop.[BN]
The Plaintiff is represented by:
Melanie S. Rodriguez, Esq.
LAVI & EBRAHIMIAN, LLP
8889 W. Olympic Boulevard, Suite 200
Beverly Hills, California 90211
Phone: (310) 432-0000
Fax: (310) 432-0001
Email: mrodriguez@lelawfirm.com
WELLS FARGO: Special Scheduling Review in Winkler Suit Denied
-------------------------------------------------------------
In the case, GEOFF WINKLER, Plaintiff(s) v. WELLS FARGO BANK, N.A.,
Defendant(s), Case No. 2:23-cv-00703-GMN-NJK (D. Nev.), Magistrate
Judge Nancy J. Koppe of the U.S. District Court for the District of
Nevada denies the parties' discovery plan seeking special
scheduling review without prejudice.
The presumptively reasonable discovery period is 180 days measured
from the first appearance of a defendant. In this case, the parties
seek a discovery period of 280 days. Judge Koppe finds that no
meaningful explanation is provided as to why the lengthier
discovery period is warranted. The absence of such an explanation
is particularly problematic since much of the discovery will
piggyback from the discovery obtained in the related class action.
Moreover and relatedly, the parties have agreed to coordinate
discovery in this action with discovery in the related class
action. The deadlines proposed in this case are significantly
different than the deadlines existing in the class action, however.
Most significantly, fact discovery is set to close in the class
action on Oct. 6, 2023, but the parties propose that discovery will
remain ongoing in this case until April 12, 2024. The discovery
plan does not explain how discovery coordination is achieved when
the cases have different schedules.
Accordingly, Judge Koppe denies the parties' proposed discovery
plan without prejudice. An amended discovery plan must be filed
with the Court.
A full-text copy of the Court's July 28, 2023 Order is available at
https://tinyurl.com/yastp33j from Leagle.com.
*********
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