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C L A S S A C T I O N R E P O R T E R
Wednesday, September 20, 2023, Vol. 25, No. 189
Headlines
3M COMPANY: Buchanan Sues Over Exposure to Toxic Chemicals & Foams
3M COMPANY: Callahan Sues Over Exposure to Toxic Chemicals
3M COMPANY: Cooper Sues Over Exposure to Toxic Film-Forming Foams
3M COMPANY: Crow Sues Over Exposure to Toxic Film-Forming Foams
3M COMPANY: Davidson Sues Over Exposure to Toxic Aqueous Foams
3M COMPANY: Five Lawsuits Removed to D. South Carolina
4E BRANDS: Filing for Class Certification Bid Due March 15, 2024
7 CUPS OF TEA: Garland Sues Over Unprotected Health Info
ADVANCED REHABILITATION: Dennison Sues Over Workers' Unpaid OT
ALLIANCEBERNSTEIN LP: Faces Class Suit Over ERISA Violations
ALUMNI OF NY: Durantas Files ADA Suit in E.D. New York
AMC ENTERTAINMENT: Settlement in Securities Suit Wins Final Nod
AMERICAN CRUISE: Kirk Sues Over Unlawful Credit Reporting
AMERICAN FAMILY: Class Cert Bid Filing in Hirsch Due March 27, 2024
AMERICAN FAMILY: Class Cert Bid Filing in Varney Due March 27, 2024
AMERICAN NATIONAL: Little Sues Over Data Breach
AMGEN INC: Suit Removed to C.D. California
APOLLO ENERGY: Mannion Sues Over Unsolicited Telemarketing Calls
APPLE INC: Class Cert. Bid Filing in Smith Due Sept. 22
AQUARION ASSET: Levy Sues Over Unfair Debt Collection Practices
ATLANTA, GA: Parties Seek Final OK of Class Certification
ATLANTIC RECOVERY: Gatchalian Seeks Provisional Class Certification
B & B TRANSPORT: Bid to Stay Action Pending Mediation OK'd
BABCOCK & WILCOX: Settles Parker Shareholder Suit
BANK OF NEW YORK: Must Respond to Class Cert Bid by Sept. 21
BAXTER INTERNATIONAL: Faces Grover Securities Suit in Illinois
BCE-MACH LLC: Filing for Class Certification Bid Due April 12, 2024
BECTON DICKINSON: Socorro Suit Removed to N.D. Illinois
BIKESHOES.COM INC: Jones Files ADA Suit in S.D. New York
BILL BLASS GROUP: Erkan Files ADA Suit in E.D. New York
BOEING EMPLOYEES: Woodard Suit Transferred to D. Oregon
BRONX BREWERY: Durantas Files ADA Suit in E.D. New York
CARIBOU BIOSCIENCES: Greenhalgh Suit Voluntarily Dismissed
CARIBOU BIOSCIENCES: Lowry Shareholder Suit Over "CB-010" Ongoing
CHARTER COMMUNICATIONS: Court OK's Final Award of Arbitrator
CHC VI LTD: Southern-Owners Files Suit in M.D. Florida
CHURCH & DWIGHT: Pizzo Suit Removed to E.D. Missouri
CLIPPER CONNECTION: Gonzalez Files ADA Suit in S.D. New York
CONAGRA FOODS: Court Junks Bid to Dismiss Thomas Class Suit
CORNELL UNIVERSITY: Class Settlement in Faber Suit Gets Initial Nod
COX AUTOMOTIVE: Touch Suit Removed to E.D. California
CRONOS GROUP: Faces Securities Suit Over Declared Sales in SEC
CUT RATE SPORTING: Mercedes Files ADA Suit in S.D. New York
DAIRY CONVEYOR: Rodriguez Suit Removed to C.D. California
DB DELIVERY: Website Inaccessible to Blind, Bunting Suit Alleges
DECLAN DISTILLERS: Website Inaccessible to Blind, Martinez Says
DELICIOUS HOSPITALITY: Durantas Files ADA Suit in E.D. New York
DFO LLC: Court Enters Order on Class Certification Bids
DILLARD'S INC: Bridges Files Suit in Cal. Super. Ct.
DO IT BEST COMMERCE: Castro Files ADA Suit in S.D. New York
DOLEX DOLLAR: Court Tosses Garcia's Ex Parte Application
DORIAN L. WEST: Maverick Leasing Files Suit in E.D. Arkansas
DOT FOODS INC: Stuck Suit Removed to N.D. Illinois
DOUG'S DINER: Zuniga FLSA Suit Seeks Conditional Collective Status
EAGLE EYE OUTFITTERS: Mercedes Files ADA Suit in S.D. New York
EDGEWELL PERSONAL: Opposition to Class Cert Bid Extended to Nov. 28
EXXON MOBIL: Court Enters Order on Class Cert. Status in Yoshikawa
FEDERATED HERMES: Koroly Sues for Breach of Fiduciary Duties
FIBROGEN INC: May File Sur-Reply in Opposition to Class Cert Bid
FIRST SOLAR INC: Court Dismisses PGERS Class Suit
GENERAL MOTORS: Awalt Suit Seeks Class Certification
GOLDMAN SACHS: Must Serve Expert Reports by Dec. 18
GREAT OUTDOOR SHOP: Gonzalez Files ADA Suit in S.D. New York
HELLY HANSEN: Mercedes Sues Over Blind-Inaccessible Website
HIGHGATE HOTELS: Orozco Suit Removed to C.D. California
HOME DEPOT: Must Respond to Collins Class Cert Bid by Sept. 20
HOME POINT: Seeks Leave to File Supplemental Authority
HONEST COMPANY: Consolidated Securities Suit Ongoing in California
INMAR INC: MDI Class Certification Bid Partly OK'd
INTELLIGRATED SERVICES: Blackmon Suit Removed to C.D. California
JAMES RIVER GROUP: FWERF Shareholder Suit Ongoing
JEFF SANDY: Seeks to Strike Class Cert Exhibits in Rose Suit
KATINA JOINER: Court Directs Filing of Discovery Plan in Murphy
KATMAI TECHNICAL: Guzman Suit Removed to S.D. California
KISS NUTRACEUTICALS: Seeks More Time to File Class Cert. Response
KOALA PET HEALTH: Bunting Sues Over Blind-Inaccessible Website
KOHL'S INC: Perez Suit Removed to C.D. California
LINCOLN BENEFIT: Class Cert Status Conference Set for Sept. 21
LINGUA FRANCA: Batter Sues Over Unpaid Proper Compensations
LUNA CARE INC: Mallh Files TCPA Suit in E.D. New York
MAYFIELD CITY SCHOOLS: Lorimer Sues Over Unpaid Wages, Retaliation
META PLATFORMS: Davis Files Suit Over Illegal Tracking Code
META PLATFORMS: Knight Files Suit Over Illegal Tracking Code
META PLATFORMS: Settles Suit Over Data Sharing
MICROCHIP TECHNOLOGY: Partially Wins Summary Judgment vs Schuman
MISSISSIPPI BEHAVIORAL: Class Cert. Bid Filing Due Jan. 19, 2024
MISSONI USA: Sanchez Files ADA Suit in E.D. New York
MONDELEZ INTERNATIONAL: Court OK's Settlement Deal in CFTC Suit
MORRIS HOSPITAL: Fails to Secure Patients' Info, Cinto Suit Says
NAVAJO EXPRESS: Completion of Discovery Due Dec. 29
NCAA: Parties in Smart Must Disclose Expert Reports by Jan. 7, 2024
NORTHERN DYNASTY: Class Settlement in Darish Suit Gets Initial Nod
OHIOHEALTH CORP: Parties Must File Joint Revised Case Schedule
OLD WOLF TRUCKING: Reid Suit Removed to S.D. Florida
ORAL SURGEONS: Fails to Secure Patients' Info, Shaikh Alleges
ORAL SURGEONS: Kooner Files Suit in E.D. Virginia
PATHFINDER OF WEST VIRGINIA: Gonzalez Files ADA Suit in S.D.N.Y
PELOTON INTERACTIVE: Mateer Wins Class Certification Bid
PESCO CLOTHING: Gonzalez Files ADA Suit in S.D.N.Y
PETER BARCA: Dispositive Bid Deadline Extended to Oct. 11
PG&E CORPORATION: Court Stays Securities Suit
PROGRESS SOFTWARE: Daniels Sues Over Unprotected Personal Info
PROGRESSIVE CASUALTY: Must File Class Rebuttal Report by Sept. 28
PROVIDENCE ST. JOSEPH: Filing for Class Cert. Bid Due Dec. 12
QUICK BOX: Bid to Defer Class Cert Rulings OK'd
RADIUS GLOBAL: Fails to Protect Personal Info, Madden Suit Claims
REALPAGE INC: Rental Price-Rigging Suits Consolidated in M.D. Tenn.
RIO NUEVO LLC: Batter Sues Over Unpaid Proper Compensations
SARA CODY: Class Cert Hearing in UNIFYSCC Suit Set for Dec. 21
SEA LIMITED: Faces Mirvaydulloev Suit Over 17.74% Share Price Drop
SOUTHEASTERN CAREER: Castro Files ADA Suit in S.D. New York
SPRINGVILLE PARTNERS: Elstein Sues Over Unsolicited Telephone Calls
STANDARD INSURANCE: Court OK's Schmidt Bid to Seal Documents
STANDARD LIFE: Plaintiffs' Class Cert Reply Due Oct. 12
STATE FARM: Court Partly Certifies Two Classes in Clippinger Suit
STEPHEN CRAANE: Bakambia Suit Seeks to Certify Class Action
STOCKTON UNIFIED: Rubio Files Suit in Cal. Super. Ct.
T2 FINANCIAL: Lauer Sues Over Loan Officers' Unpaid Overtime
TALIS BIOMEDICAL: Continues to Defend Modrak Class Suit in Calif.
TAXSLAYER LLC: Temple Suit Removed to E.D. Pennsylvania
TORRID HOLDINGS: Breaches Fiduciary Duties, Morgado Suit Claims
TRUMBULL INSURANCE: Parties Must File Joint Class Status Reports
TSCHETTER SULZER: Court Vacates Sept. 28 Final Pretrial Conference
UNICE INC: Filing for Class Certification Bid Extended to Nov. 17
UNITED STATES: Mansor "TPS" Suit Seeks to Certify Rule 23 Class
UNIVERSITY OF MINNESOTA: Fails to Secure Info, Seberson Says
UNUM GROUP: Marks Sues Over Failure to Safeguard PII & PHI
USDA: Pride Files Suit in D. Columbia
VASSAR COLLEGE: Underpays Female Professors, Graham Claims
VENGROFF WILLIAMS: Evans Suit Removed to W.D. Washington
VERIZON COMMUNICATIONS: Tiger Alleges Improper Lead Cables Disposal
VERRICA PHARMACEUTICALS: Faces Gorlamari Securities Suit
WAN FU: Chien FLSA Suit Seeks Collective Action Status
WANRONG TRADING: Settlement Class in Zhu Gets Conditional Status
WASHINGTON, DC: Smith Seeks Initial OK of Class Settlement
WEST VILLAGE: Filing for FLSA Collective Status Modified to Dec. 6
WESTERN WATER: Mendoza Suit Removed to E.D. California
WHITE GLOVE DELIVERY: De Anda Files Suit in Cal. Super. Ct.
WHOLESALE ACCESSORY: Dawson Files ADA Suit in S.D. New York
WRIGHT TREE SERVICE: McCullough Suit Removed to E.D. California
XAVIER BECERRA: Beitzel Files Suit in E.D. California
*********
3M COMPANY: Buchanan Sues Over Exposure to Toxic Chemicals & Foams
------------------------------------------------------------------
Johnnie Buchanan, and other similarly situated v. 3M COMPANY (f/k/a
Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS
INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE
FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN
PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY
FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE PLC;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS
COMPANY; TYCO FIRE PRODUCTSLP, as successor-in-interest to The
Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY
AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.), Case No.
2:23-cv-04109-RMG (D.S.C., Aug. 18, 2023), is brought for damages
for personal injury resulting from exposure to aqueous film-forming
foams ("AFFF") containing the toxic chemicals collectively known as
per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is
not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane
sulfonic acid ("PFOS") and related chemicals including those that
degrade to PFOA and/or PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires. The Defendants collectively designed,
marketed, developed, manufactured, distributed, released, trained
users, produced instructional materials, promoted, sold, and/or
otherwise released into the stream of commerce AFFF with knowledge
that it contained highly toxic and bio persistent PFASs, which
would expose end users of the product to the risks associated with
PFAS. Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF
which contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remain
in the human body while presenting significant health risks to
humans.
The Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products caused Plaintiff to develop the
serious medical conditions and complications alleged herein.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF products at various locations during the course of Plaintiff's
training and firefighting activities. Plaintiff further seeks
injunctive, equitable, and declaratory relief arising from the
same, says the complaint.
The Plaintiff regularly used, and was thereby directly exposed to
AFFF in training and during Plaintiff's working career in the
military and/or as a civilian and was diagnosed with
hyperthyroidism as a result of exposure to the Defendants' AFFF
products.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and sellers of PFAS
containing AFFF products or underlying PFAS containing chemicals
used in AFFF production.[BN]
The Plaintiff is represented by:
Douglass A. Kreis, Esq.
Bryan F. Aylstock, Esq.
Justin G. Witkin, Esq.
AYLSTOCK, WITKIN, KREIS & OVERHOLTZ, PLLC
17 East Main Street, Suite 200
Pensacola, FL 32502
Phone: (850) 202-1010
Email: dkreis@awkolaw.com
baylstock@awkolaw.com
jwitkin@awkolaw.com
3M COMPANY: Callahan Sues Over Exposure to Toxic Chemicals
----------------------------------------------------------
Noreen Callahan, and other similarly situated v. 3M COMPANY (f/k/a
Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS
INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE
FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN
PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY
FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE PLC;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS
COMPANY; TYCO FIRE PRODUCTSLP, as successor-in-interest to The
Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY
AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.), Case No.
2:23-cv-04110-RMG (D.S.C., Aug. 18, 2023), is brought for damages
for personal injury resulting from exposure to aqueous film-forming
foams ("AFFF") containing the toxic chemicals collectively known as
per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is
not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane
sulfonic acid ("PFOS") and related chemicals including those that
degrade to PFOA and/or PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires. The Defendants collectively designed,
marketed, developed, manufactured, distributed, released, trained
users, produced instructional materials, promoted, sold, and/or
otherwise released into the stream of commerce AFFF with knowledge
that it contained highly toxic and bio persistent PFASs, which
would expose end users of the product to the risks associated with
PFAS. Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF
which contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remain
in the human body while presenting significant health risks to
humans.
The Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products caused Plaintiff to develop the
serious medical conditions and complications alleged herein.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF products at various locations during the course of Plaintiff's
training and firefighting activities. Plaintiff further seeks
injunctive, equitable, and declaratory relief arising from the
same, says the complaint.
The Plaintiff regularly used, and was thereby directly exposed to
AFFF in training and during Plaintiff's working career in the
military and/or as a civilian and was diagnosed with hypothyroidism
as a result of exposure to the Defendants' AFFF products.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and sellers of PFAS
containing AFFF products or underlying PFAS containing chemicals
used in AFFF production.[BN]
The Plaintiff is represented by:
Douglass A. Kreis, Esq.
Bryan F. Aylstock, Esq.
Justin G. Witkin, Esq.
AYLSTOCK, WITKIN, KREIS & OVERHOLTZ, PLLC
17 East Main Street, Suite 200
Pensacola, FL 32502
Phone: (850) 202-1010
Email: dkreis@awkolaw.com
baylstock@awkolaw.com
jwitkin@awkolaw.com
3M COMPANY: Cooper Sues Over Exposure to Toxic Film-Forming Foams
-----------------------------------------------------------------
Kenneth J. Cooper, and other similarly situated v. 3M COMPANY
(f/k/a Minnesota Mining and Manufacturing Company); AGC CHEMICALS
AMERICAS INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA,
INC.; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION;
CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.;
CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA,
INC.; DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a
DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND
COMPANY; KIDDE PLC; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM,
INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTSLP, as
successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a
GE Interlogix, Inc.), Case No. 2:23-cv-04111-RMG (D.S.C., Aug. 18,
2023), is brought for damages for personal injury resulting from
exposure to aqueous film-forming foams ("AFFF") containing the
toxic chemicals collectively known as per and polyfluoroalkyl
substances ("PFAS"). PFAS includes, but is not limited to,
perfluorooctanoic acid ("PFOA") and perfluorooctane sulfonic acid
("PFOS") and related chemicals including those that degrade to PFOA
and/or PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires. The Defendants collectively designed,
marketed, developed, manufactured, distributed, released, trained
users, produced instructional materials, promoted, sold, and/or
otherwise released into the stream of commerce AFFF with knowledge
that it contained highly toxic and bio persistent PFASs, which
would expose end users of the product to the risks associated with
PFAS. Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF
which contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remain
in the human body while presenting significant health risks to
humans.
The Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products caused Plaintiff to develop the
serious medical conditions and complications alleged herein.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF products at various locations during the course of Plaintiff's
training and firefighting activities. Plaintiff further seeks
injunctive, equitable, and declaratory relief arising from the
same, says the complaint.
The Plaintiff regularly used, and was thereby directly exposed to
AFFF in training and during Plaintiff's working career in the
military and/or as a civilian and was diagnosed with prostate
cancer as a result of exposure to the Defendants' AFFF products.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and sellers of PFAS
containing AFFF products or underlying PFAS containing chemicals
used in AFFF production.[BN]
The Plaintiff is represented by:
Douglass A. Kreis, Esq.
Bryan F. Aylstock, Esq.
Justin G. Witkin, Esq.
AYLSTOCK, WITKIN, KREIS & OVERHOLTZ, PLLC
17 East Main Street, Suite 200
Pensacola, FL 32502
Phone: (850) 202-1010
Email: dkreis@awkolaw.com
baylstock@awkolaw.com
jwitkin@awkolaw.com
3M COMPANY: Crow Sues Over Exposure to Toxic Film-Forming Foams
---------------------------------------------------------------
Paul Crow, and other similarly situated v. 3M COMPANY (f/k/a
Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS
INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE
FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN
PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY
FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE PLC;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS
COMPANY; TYCO FIRE PRODUCTSLP, as successor-in-interest to The
Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY
AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.), Case No.
2:23-cv-04112-RMG (D.S.C., Aug. 18, 2023), is brought for damages
for personal injury resulting from exposure to aqueous film-forming
foams ("AFFF") containing the toxic chemicals collectively known as
per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is
not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane
sulfonic acid ("PFOS") and related chemicals including those that
degrade to PFOA and/or PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires. The Defendants collectively designed,
marketed, developed, manufactured, distributed, released, trained
users, produced instructional materials, promoted, sold, and/or
otherwise released into the stream of commerce AFFF with knowledge
that it contained highly toxic and bio persistent PFASs, which
would expose end users of the product to the risks associated with
PFAS. Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF
which contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remain
in the human body while presenting significant health risks to
humans.
The Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products caused Plaintiff to develop the
serious medical conditions and complications alleged herein.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF products at various locations during the course of Plaintiff's
training and firefighting activities. Plaintiff further seeks
injunctive, equitable, and declaratory relief arising from the
same, says the complaint.
The Plaintiff regularly used, and was thereby directly exposed to
AFFF in training and during Plaintiff's working career in the
military and/or as a civilian and was diagnosed with thyroid
cancer; and Hashimoto's disease as a result of exposure to the
Defendants' AFFF products.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and sellers of PFAS
containing AFFF products or underlying PFAS containing chemicals
used in AFFF production.[BN]
The Plaintiff is represented by:
Douglass A. Kreis, Esq.
Bryan F. Aylstock, Esq.
Justin G. Witkin, Esq.
AYLSTOCK, WITKIN, KREIS & OVERHOLTZ, PLLC
17 East Main Street, Suite 200
Pensacola, FL 32502
Phone: (850) 202-1010
Email: dkreis@awkolaw.com
baylstock@awkolaw.com
jwitkin@awkolaw.com
3M COMPANY: Davidson Sues Over Exposure to Toxic Aqueous Foams
--------------------------------------------------------------
Samuel C. Davidson, and other similarly situated v. 3M COMPANY
(f/k/a Minnesota Mining and Manufacturing Company); AGC CHEMICALS
AMERICAS INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA,
INC.; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION;
CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.;
CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA,
INC.; DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a
DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND
COMPANY; KIDDE PLC; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM,
INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTSLP, as
successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a
GE Interlogix, Inc.), Case No. 2:23-cv-04113-RMG (D.S.C., Aug. 18,
2023), is brought for damages for personal injury resulting from
exposure to aqueous film-forming foams ("AFFF") containing the
toxic chemicals collectively known as per and polyfluoroalkyl
substances ("PFAS"). PFAS includes, but is not limited to,
perfluorooctanoic acid ("PFOA") and perfluorooctane sulfonic acid
("PFOS") and related chemicals including those that degrade to PFOA
and/or PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires. The Defendants collectively designed,
marketed, developed, manufactured, distributed, released, trained
users, produced instructional materials, promoted, sold, and/or
otherwise released into the stream of commerce AFFF with knowledge
that it contained highly toxic and bio persistent PFASs, which
would expose end users of the product to the risks associated with
PFAS. Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF
which contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remain
in the human body while presenting significant health risks to
humans.
The Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products caused Plaintiff to develop the
serious medical conditions and complications alleged herein.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF products at various locations during the course of Plaintiff's
training and firefighting activities. Plaintiff further seeks
injunctive, equitable, and declaratory relief arising from the
same, says the complaint.
The Plaintiff regularly used, and was thereby directly exposed to
AFFF in training and during Plaintiff's working career in the
military and/or as a civilian and was diagnosed with prostate
cancer as a result of exposure to the Defendants' AFFF products.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and sellers of PFAS
containing AFFF products or underlying PFAS containing chemicals
used in AFFF production.[BN]
The Plaintiff is represented by:
Douglass A. Kreis, Esq.
Bryan F. Aylstock, Esq.
Justin G. Witkin, Esq.
AYLSTOCK, WITKIN, KREIS & OVERHOLTZ, PLLC
17 East Main Street, Suite 200
Pensacola, FL 32502
Phone: (850) 202-1010
Email: dkreis@awkolaw.com
baylstock@awkolaw.com
jwitkin@awkolaw.com
3M COMPANY: Five Lawsuits Removed to D. South Carolina
------------------------------------------------------
On September 8, 2023, a total of 5 lawsuits against 3M Company and
other Defendants were removed to the United States District Court
for the District of South Carolina.
The Plaintiffs seek to hold 3M and certain other the Defendants
liable based on their alleged conduct in designing, manufacturing,
and/or selling aqueous film-forming foams ("AFFF") and/or
firefighter turnout gear ("TOG") that Plaintiffs allege were used
in firefighting activities, thereby causing injury to the
Plaintiffs.[BN]
The Defendants are represented by:
Brian C. Duffy, Esq.
DUFFY & YOUNG, LLC
96 Broad Street
Charleston, SC 29401
Phone: (843) 720-2044
Fax: (843) 720-2047
Email: bduffy@duffyandyoung.com
- and -
Daniel L. Ring, Esq.
MAYER BROWN LLP
71 S. Wacker Drive
Chicago, IL 60606
Phone: (312) 701-8520
Email: dring@mayerbrown.com
4E BRANDS: Filing for Class Certification Bid Due March 15, 2024
----------------------------------------------------------------
In the class action lawsuit captioned as MELODY CALLANTINE, v. 4E
BRANDS NORTH AMERICA LLC, Case No. 3:20-cv-00801-DRL-MGG (N.D.
Ind.), the Hon. Judge Michael G. Gotsch, Sr. entered an instant
Rule 16(b) Scheduling Order regarding the conduct of discovery and
deadlines for class certification matters and merits discovery on
the named plaintiffs' claims as follows:
1. The parties will exchange any Aug. 31, 2023.
Supplemental information required
by Fed. R. Civ. P. 26(a)(1) by:
2. The last date to amend the Nov. 3, 2023
Pleadings without leave of court
as to plaintiff(s) is:
3. The serving of reports from experts March 15, 2024
retained under Rule 26(a)(2) for
purposes of class certification are
due from Plaintiff on:
4. The deadline for Plaintiff to file March 15, 2024
a motion for class certification
and disclose certification-related
experts is:
5. The deadline for Defendant to file April 30, 2024
its response in opposition and
disclose certification-related
experts is:
6. The Plaintiff' reply in support of June 7, 2024
class certification and any
rebuttals to Defendant’s experts
is due by:
4e Brands manufactures personal care products.
A copy of the Court's order dated Aug. 24, 2023, is available from
PacerMonitor.com at https://bit.ly/48bhjFO at no extra charge.[CC]
7 CUPS OF TEA: Garland Sues Over Unprotected Health Info
--------------------------------------------------------
CAYLYN GARLAND and CIERRA SERRANO individually and on behalf of all
others similarly situated, Plaintiffs v. 7 CUPS OF TEA, CO. a
Delaware corporation, Defendant, Case No. 3:23-cv-04492 (N.D. Cal.,
Aug. 30, 2023) is a class action brought by Plaintiffs after
knowing that their personal identifying information, including
protected health information, has been tracked, collected, and
shared by Defendant to third party services, including Google, LLC,
for targeted advertising and other commercial exploitation in
direct violation of the California Consumers Legal Remedies Act,
the California Invasion of Privacy Act, the California Medical
Information Act, the California Unfair Competition Law, the Federal
Wiretap Act, and the Comprehensive Computer Data Access and Fraud
Act.
According to the complaint, the private and personal information
was provided to Google despite Defendant assuring Plaintiffs and
other users that it would keep their health data private. The
collection and sharing of Plaintiffs' private health data presents
an egregious invasion of Plaintiffs' privacy. Furthermore, the
transfer of data by Defendant to third parties harmed Plaintiffs by
among other things, diminishing the value of Plaintiffs' personal
health information and the privacy violation caused when the
extracted data is used to target and profile Plaintiffs with
unwanted and/or harmful content, says the suit.
The Plaintiffs seek an injunction to stop Defendant's unlawful
practices and sequester its unlawfully obtained information, an
award of reasonable damages for the violations, and attorneys' fees
and costs.
7 Cups of Tea, Co. owns and developed the 7 Cups: Online Therapy
and Chat App, a popular virtual Platform in the mental health
space.[BN]
The Plaintiffs are represented by:
Ronald A. Marron, Esq.
Kas L. Gallucci, Esq.
Alexis M. Wood, Esq.
LAW OFFICES OF RONALD A. MARRON
651 Arroyo Drive
San Diego, CA 92103
Telephone: (619) 696-9006
Facsimile: (619) 564-6665
E-mail: ron@consumersadvocates.com
kas@consumersadvocates.com
alexis@consumersadvocates.com
ADVANCED REHABILITATION: Dennison Sues Over Workers' Unpaid OT
--------------------------------------------------------------
JOSHUA DENNISON, on behalf of himself and those similarly situated,
Plaintiff v. ADVANCED REHABILITATION TECHNOLOGY, LTD., Defendant,
Case No. 3:23-cv-01701 (N.D. Ohio, Aug. 30, 2023) arises from the
Defendant's willful failure to pay Plaintiff and similarly situated
employees overtime wages. The lawsuit seeks all available relief
under the Fair Labor Standards Act, the Ohio Minimum Fair Wage
Standards Act, and the Ohio Prompt Pay Act.
According to the complaint, Defendant has multiple company-wide
policies of failing to pay Named Plaintiff and similarly situated
general laborers for all overtime compensation in at least two
ways. First, it has a policy of paying Named Plaintiff two or more
rates of pay depending on the location of the work. Second,
Defendant has a company-wide policy of not compensating Named
Plaintiff and similarly situated general laborers for all travel
time resulting in unpaid overtime compensation.
Plaintiff Dennison was employed by ART as a general laborer from
approximately June 16, 2022 until July 20, 2023.
Advanced Rehabilitation Technology, Ltd. provides water and
wastewater solutions to clients across the U.S.[BN]
The Plaintiff is represented by:
Daniel I. Bryant, Esq.
BRYANT LEGAL, LLC
1550 Old Henderson Road, Suite 126
Columbus, OH 43220
Telephone: (614) 704-0546
Facsimile: (614) 573-9826
E-mail: dbryant@bryantlegalllc.com
- and -
Matthew B. Bryant, Esq.
Esther E. Bryant, Esq.
BRYANT LEGAL, LLC
3450 W Central Ave., Suite 370
Toledo, OH 43606
Telephone: (419) 824-4439
Facsimile: (419) 932-6719
E-mail: Mbryant@bryantlegalllc.com
Ebryant@bryantlegalllc.com
ALLIANCEBERNSTEIN LP: Faces Class Suit Over ERISA Violations
------------------------------------------------------------
AllianceBernstein L.P. (AB) disclosed in its Form 10-Q for the
quarterly period ended June 30, 2023, filed with the Securities and
Exchange Commission on July 27, 2023, that on December 14, 2022,
four individual participants in the Profit Sharing Plan for
Employees of AllianceBernstein L.P., filed a class action complaint
in the U.S. District Court for the Southern District of New York
against AB, current and former members of the Compensation and
Workplace Practices Committee of the Board, and the Investment and
Administrative Committees under the plan.
Plaintiffs, who seek to represent a class of all participants in
the Plan from December 14, 2016, to the present, allege that
defendants violated their fiduciary duties and engaged in
prohibited transactions under the Employee Retirement Income
Security Act of 1974, as amended (ERISA), by including proprietary
collective investment trusts as investment options offered under
the plan.
AllianceBernstein L.P provides diversified investment management,
research, and related services based in Tennessee.
ALUMNI OF NY: Durantas Files ADA Suit in E.D. New York
------------------------------------------------------
A class action lawsuit has been filed against Alumni of NY, Inc.
The case is styled as Hakan Durantas, on behalf of himself and all
others similarly situated v. Alumni of NY, Inc., Case No.
1:23-cv-06708 (E.D.N.Y., Sept. 8, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Alumni of NY, Inc. -- https://www.alumniofny.com/ -- is a premium
boutique with locations in Crown Heights, Flatbush and Flushing
NYC.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
14749 71st Ave.
Flushing, NY 11367
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
AMC ENTERTAINMENT: Settlement in Securities Suit Wins Final Nod
---------------------------------------------------------------
AMC Entertainment Holdings, Inc. disclosed in its Form 10-Q for the
quarterly period ended June 30, 2023, filed with the Securities and
Exchange Commission on August 8, 2023, that on February 14, 2022,
the U.S. District Court for the Southern District of New York
issued a final judgment approving a settlement and dismissing a
consolidated securities action.
On January 12, 2018 and January 19, 2018, two putative federal
securities class actions, captioned "Hawaii Structural Ironworkers
Pension Trust Fund v. AMC Entertainment Holdings, Inc., et al.,"
Case No. 1:18-cv-00299-AJN and "Nichols v. AMC Entertainment
Holdings, Inc., et al.," Case No. 1:18-cv-00510-AJN and together
with the Hawaii Action, respectively, were filed against the
company in the U.S. District Court for the Southern District of New
York.
The Actions, which named certain of the company's officers and
directors and, in the case of the Hawaii action, the underwriters
of the company's February 8, 2017 secondary public offering, as
defendants, asserted claims under Sections 11, 12(a)(2) and 15 of
the Securities Act and Sections 10(b) and 20(a) of the Securities
Exchange Act of 1934 with respect to alleged material misstatements
and omissions in the registration statement for the secondary
public offering and in certain other public disclosures.
On May 30, 2018, the court consolidated the actions. On January 22,
2019, defendants moved to dismiss the second amended class action
complaint. On September 23, 2019, the court granted the motion to
dismiss in part and denied it in part. On March 2, 2020, plaintiffs
moved to certify the purported class. On March 30, 2021, the court
granted the motion to certify the class. On September 2, 2021, the
parties reached an agreement in principle to resolve the actions
for $18.0 million. The company agreed to the settlement and the
payment of the settlement amount to eliminate the distraction,
burden, expense, and uncertainty of further litigation. The company
and the other defendants continue to expressly deny any liability
or wrongdoing with respect to the matters alleged in the actions.
On November 1, 2021, the parties to the actions signed a
stipulation of settlement, which memorialized the terms of the
agreement in principle, and which the plaintiffs filed with the
court. Also on November 1, 2021, plaintiffs filed a motion to
preliminarily approve the settlement.
AMC Entertainment Holdings, Inc., through its direct and indirect
subsidiaries, including American Multi-Cinema, Inc. and its
subsidiaries, is principally involved in the theatrical exhibition
business and owns, operates or has interests in theatres located in
the United States and Europe.
AMERICAN CRUISE: Kirk Sues Over Unlawful Credit Reporting
---------------------------------------------------------
Dariu Kirk, on behalf of himself and all others similarly situated
v. AMERICAN CRUISE LINES, INC., Case No. 3:23-cv-01057-VAB (D.
Conn., Aug. 8, 2023), is brought under federal law brought on
behalf of applicants for employment, transfer, and/or promotion
with American Cruise Lines, Inc. ("ACL") with resulted in violation
of the Fair Credit Reporting Act ("FCRA") by using consumer reports
to take adverse employment actions.
ACL systematically violates the rights of job applicants about whom
it obtains consumer reports (also called "background checks")
provided by the Fair Credit Reporting Act ("FCRA") by using
consumer reports to take adverse employment actions without,
beforehand, providing the person who is the subject of the report
sufficient and timely notification and a copy of the report and a
summary of rights under the FCRA. These failures leave applicants
without any meaningful opportunity to correct any errors on the
report or to discuss the content of the report with ACL.
ACL contracts with Sterling to perform a standardized background
screen on all consumers who apply to ACL for hire, promotion, or
transfer. In March 2023, Mr. Kirk sought employment with ACL. After
the application and interview process, ACL gave him a conditional
offer of employment contingent on passing a background check. ACL
then ordered a consumer report about Mr. Kirk from Sterling.
Devastatingly for Mr. Kirk, the background check company failed to
include in Mr. Kirk's consumer report a pardon that Mr. Kirk had
received.
In violation of the FCRA, ACL willfully and negligently failed to
comply with the FCRA's mandatory pre-adverse action notification
requirement, and failed to provide a copy of the inaccurate
background report it obtained from Sterling before the adverse
action occurred, as required by the FCRA. Every year, individuals
who have applied to ACL for employment have been similarly
aggrieved by the same, says the complaint.
The Plaintiff was denied employment with ACL based upon a
standardized background screen conducted by Sterling Infosystems,
Inc. "Sterling."
The Defendant is a Delaware corporation that regularly conducts
business in the State of Connecticut.[BN]
The Plaintiff is represented by:
Sarah Poriss, Esq.
777 Fannington Avenue
West Hartford, CT 06119
Phone: 860-233-0336
Fax: 866-424-4880
Email: sarahporiss@prodigy.net
- and -
Andrew L. Weiner, Esq.
Jeffrey B. Sand, Esq.
WEINER & SAND LLC
800 Battery Avenue SE, Suite 100
GA 30339
Phone: 404.205.5029
Phone: 404.254.0842
Fax: 866.800.1482
Email: aw@wsjustice.com
js@wsjustice.com
- and -
James A. Francis, Esq.
Lauren KW Brennan, Esq.
FRANCIS MAILMAN SOUMILAS, P.C.
1600 Market Street, Suite 2510
Philadelphia, PA 19103
Phone: 215.735.8600
Fax: 215.940.8000
Email: jfrancis@consumerlawfirm.com
Ibrennan@consumerlawfirm.com
AMERICAN FAMILY: Class Cert Bid Filing in Hirsch Due March 27, 2024
-------------------------------------------------------------------
In the class action lawsuit captioned as KYLE HIRSCH, et al., v.
AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Case No.
2:23-cv-04005-SRB (W.D. Mo.), the Hon. Judge Stephen R. Bough
entered an order granting the joint motion to amend the scheduling
order as follows.
1. Closure of class certification discovery Feb. 23, 2024
shall be completed on or before:
2. The Plaintiff's motion for class March 27, 2024
certification and any individual motions
for summary judgment from either party
shall be filed on or before:
3. The Plaintiff's designation and Dec. 15, 2023.
Deposition of class certification
experts shall be completed by:
4. The Defendant's designation and Jan. 26, 2024
deposition of class certification
American Family offers auto, home, life, umbrella, business,
health, and farm and ranch insurance products and services.
A copy of the Court's order dated Aug. 24, 2023, is available from
PacerMonitor.com at https://bit.ly/44OfOdJ at no extra charge.[CC]
AMERICAN FAMILY: Class Cert Bid Filing in Varney Due March 27, 2024
-------------------------------------------------------------------
In the class action lawsuit captioned as SHERI VARNEY, v. AMERICAN
FAMILY MUTUAL INSURANCE COMPANY, Case No. 2:23-cv-04004-SRB (W.D.
Mo.), the Hon. Judge Stephen R. Bough entered a scheduling order as
follows:
1. Closure of class certification discovery Feb. 23, 2024
shall be completed on or before:
2. The Plaintiff's motion for class March 27, 2024
certification and any individual
motions for summary judgment from
either party shall be filed on or
before:
3. The opposition brief(s) shall be filed May 1, 2024
on or before:
4. The reply brief(s) shall be filed on May 17, 2024
or before:
5. The Plaintiff's designation and Dec. 15, 2023
deposition of class certification
experts shall be completed by:
6. The Defendant's designation and Jan. 26, 2024.
deposition of class certification
experts shall be completed by:
American Family offers auto, home, life, umbrella, business,
health, and farm and ranch insurance products and services.
A copy of the Court's order dated Aug. 24, 2023, is available from
PacerMonitor.com at https://bit.ly/3PvULIq at no extra charge.[CC]
AMERICAN NATIONAL: Little Sues Over Data Breach
-----------------------------------------------
DEBORAH LITTLE, individually and on behalf of all others similarly
situated, Plaintiff v. AMERICAN NATIONAL INSURANCE COMPANY,
Defendant, Case No. 3:23-cv-01023-BJD-LLL (M.D. Fla., Aug. 29,
2023) arises from the Defendant's failure to properly secure and
safeguard personally identifiable and financial information of
Plaintiff and the Class members, including, without limitation,
including their names, dates of birth, home addresses, phone
numbers, Social Security numbers, and email addresses.
On May 28, 2023, an intruder gained entry to Defendant's vendor's
database, accessed Plaintiff's and the Class members' personally
identifiable information, and exfiltrated information. The
Plaintiff's and the Class members' personal information was
compromised due to Defendant's negligent acts and omissions and
failure to protect the information. The Plaintiff and Class Members
continue to be at significant risk of identity theft and various
other forms of personal, social, and financial harm. The risk will
remain for their respective lifetimes, says the suit.
American National Insurance Company is an American insurance
corporation based in Galveston, Texas.[BN]
The Plaintiff is represented by:
Manuel S. Hiraldo, Esq.
HIRALDO P.A.
401 E. Las Olas Boulevard Suite 1400
Ft. Lauderdale, FL 33301
Telephone: (954) 400-4713
E-mail: mhiraldo@hiraldolaw.com
- and -
Rachel Dapeer, Esq.
DAPEER LAW, P.A.
20900 NE 30th Ave., Suite 417
Aventura, FL 33180
Telephone: (305) 610-5223
AMGEN INC: Suit Removed to C.D. California
------------------------------------------
The case captioned as Jane Doe, on behalf of herself and all others
similarly situated v. AMGEN INC., a Delaware Corporation, Case No.
2023CUNP012132 was removed from the Superior Court of California
for the County of Ventura, to the United States District Court for
the Central District of California on Sept. 8, 2023, and assigned
Case No. 2:23-cv-07448.
The Complaint claims that Amgen "did not disclose Plaintiff or
Class Members that it was using Meta Pixel Analytics and Google
tags to disclose their Individually Identifiable Medical
Information to unauthorized third parties." The Plaintiff's
Complaint includes a claim, inter alia, against Amgen for an
alleged violation of the Electronic Communications Privacy Act
("ECPA"). The Plaintiff's Complaint asserts claims on behalf of
herself and all persons residing in California and the United
States "who used Defendant's website, www.enbrel.com, and provided
Defendant with medical information that was disclosed or
transmitted to Meta, Google, or any other authorized third
party."[BN]
The Defendant is represented by:
Amy P. Lally, Esq.
SIDLEY AUSTIN LLP
1999 Avenue of the Stars, 17th Floor
Los Angeles, CA 90067
Phone: (310) 595-9500
Facsimile: (310) 595-9501
Email: alally@sidley.com
APOLLO ENERGY: Mannion Sues Over Unsolicited Telemarketing Calls
----------------------------------------------------------------
JASON MANNION, individually and on behalf of all others similarly
situated v. APOLLO ENERGY CORPORATION, INC., a New Jersey
corporation, Case No. 1:23-cv-19917-RMB-EAP (D.N.J., Sept. 10,
2023) contends that the Defendant promotes and markets its
merchandise, in part, by making telemarketing calls to consumers
without consent including calls to phone numbers that are
registered on the National Do Not Call Registry and to consumers
who have expressly requested that the calls stop, in violation of
the Telephone Consumer Protection Act.
On July 5, 2023, Mr. Mannion received an unsolicited telemarketing
call from the Defendant to his cell phone, from 717-296-1269. Mr.
Mannion answered the call and a person that identified as an
employee of the Defendant solicited the sale of a solar energy
system for the Plaintiff's home. He told the employee that his
phone number is registered on the DNC and demanded that his phone
number be removed from Defendant's call list.
On July 7, 2023, Mr. Mannion received another unsolicited
telemarketing call from the Defendant to his cell phone, from
717-685-4860. Despite a second clear stop request, on July 10, 2023
at 8:08 PM, Mr. Mannion received another unsolicited call from the
Defendant to his cell phone, from 717-997-2802, the Plaintiff
alleges.
In response to all the calls that Mr. Mannion received, his
attorneys sent a demand for consent letter to the Defendant at
gosolar@apolloenergycompany.com on July 23, 2023. There has been no
response from the Defendant, the Plaintiff claims.
As per Plaintiff's experience, Apollo Energy Company lacks a
sufficient opt-out system to ensure that a consumer who tells
Apollo Energy Company to stop calling them will be removed from
their calling list. The unauthorized solicitation telephone calls
that Mr. Mannion received from or on behalf of the Defendant have
harmed him in the form of annoyance, nuisance, and invasion of
privacy, occupied his phone line, and disturbed the use and
enjoyment of his phone. The Plaintiff seeks injunctive and monetary
relief for all persons injured by Defendant's alleged conduct.
Mr. Mannion registered his cell phone number on the DNC on December
17, 2004.
Apollo is a solar energy brokerage that operates throughout the
US.[BN]
The Plaintiff is represented by:
Stefan Coleman, Esq.
COLEMAN PLLC
1072 Madison Ave, Suite 1
Lakewood, NJ 08701
Telephone: (877) 333-9427
E-mail: law@stefancoleman.com
- and -
Avi R. Kaufman, Esq.
KAUFMAN P.A.
237 S Dixie Hwy, Floor 4
Coral Gables, FL 33133
Telephone: (305) 469-5881
E-mail: kaufman@kaufmanpa.com
APPLE INC: Class Cert. Bid Filing in Smith Due Sept. 22
-------------------------------------------------------
In the class action lawsuit captioned as CHRIS SMITH, CHERYL SMITH,
KAREN SMITHSON, FRANK ORTEGA, ALBERTO CORNEA, MICHELLE ROGERS,
DEBORAH CLASS, AMBER JONES, ALEXIS KEISER, LOORN SAELEE, THOMAS
PEAR and TANNAISHA SMALLWOOD, individually and on behalf of all
other similarly situated individuals, v. APPLE INC., Case No.
4:21-cv-09527-HSG (N.D. Cal.), the Hon. Judge Haywood S. Gilliam,
Jr. entered an order granting the Parties' administrative motion as
follows:
-- The September 8, 2023, fact discovery deadline.
-- The September 22, 2023, Class Certification filing deadline.
-- The November 17, 2023, Opposition to Class Certification
(including Daubert motions and expert reports) filing
deadline.
-- The December 15, 2023 Reply to Class Certification (including
Daubert motions and expert reports) filing deadline.
-- The January 18, 2024 Class Certification Hearing.
Apple is an American multinational technology company.
A copy of the Court's order dated Aug. 24, 2023, is available from
PacerMonitor.com at https://bit.ly/3PxFruP at no extra charge.[CC]
The Plaintiffs are represented by:
Michael F. Ram, Esq.
Marie N. Appel, Esq.
Ra O. Amen, Esq.
MORGAN & MORGAN
COMPLEX LITIGATION GROUP
711 Van Ness Avenue, Suite 500
San Francisco, CA 94102
Telephone: (415) 358-6913
Facsimile: (415) 358-6293
E-mail: mram@forthepeople.com
mappel@forthepeople.com
Ramen@forthepeople.com
- and -
Steven L. Nicholas, Esq.
Lucy E. Tufts, Esq.
CUNNINGHAM BOUNDS, LLC
1601 Dauphin Street
Mobile, AL 36604
Telephone: (251) 471-6191
Facsimile: (251) 479-1031
E-mail: sln@cunninghambounds.com
let@cunninghambounds.com
- and -
Benjamin H. Kilborn, Jr., Esq.
KILBORN LAW, LLC
Fairhope, AL 36533
Telephone: (251) 929-4620
E-mail: benk@kilbornlaw.com
The Defendant is represented by:
Erin M. Bosman, Esq.
Penelope A. Preovolos, Esq.
Claudia M. Vetesi, Esq.
Alexis A. Amezcua, Esq.
MORRISON & FOERSTER LLP
12531 High Bluff Drive Suite 100
San Diego, CA 92130-2040
Telephone: (858) 720-5100
Facsimile: (858) 720-5125
E-mail: EBosman@mofo.com
PPreovolos@mofo.com
CVetesi@mofo.com
AAmezcua@mofo.com
AQUARION ASSET: Levy Sues Over Unfair Debt Collection Practices
---------------------------------------------------------------
BRIGITTE TAITZ LEVY, on behalf of herself and all others similarly
situated, Plaintiff v. AQUARION ASSET MANAGEMENT, INC., Defendant,
Case No. CACE-23-017682 (Fla. Cir., 17th Judicial, Broward Cty.,
Aug. 29, 2023) seeks redress for Defendant's illegal practices
regarding the collection of the Plaintiff's alleged consumer debt,
in violation of the Florida Consumer Collection Protection Act and
the Fair Debt Collection Practices Act.
On May 11, 2023, the Defendant sent Plaintiff a collection letter
seeking to collect a balance allegedly incurred for personal
purposes. The letter fails to set forth a warning that agreeing to
pay on the debt will restart the statute of limitations period. The
letter further fails to set forth the mandatory disclosures like
setting forth the details of the purported debt and how to dispute
the debt as per the Consumer Financial Protection Bureau. The
Defendant violated Plaintiff's right to not be the target of
misleading debt collection communications, says the suit.
Aquarion Asset Management, Inc. is a consumer and business
consulting firm.[BN]
The Plaintiff is represented by:
Omar M. Salazar II, Esq.
LEVY & PARTNERS, PLLC
3230 Stirling Road, Suite 1
Hollywood, FL 33021
Telephone: (954) 727-8570
Facsimile: (954) 241-6857
E-mail: omar@lawlp.com
ATLANTA, GA: Parties Seek Final OK of Class Certification
----------------------------------------------------------
In the class action lawsuit captioned as Laurel Lawson, James
Curtis, and James Turner, on behalf of themselves and other
similarly-situated persons, v. City of Atlanta, Georgia, Case No.
1:18-cv-02484-SDG (N.D. Ga.), the Parties ask the Court to enter an
order:
(a) Approving final class certification under Fed. R. Civ. P.
23(b)(2); and
(b) finding the proposed Consent Decree is fundamentally fair,
adequate, reasonable.
The Plaintiffs are mobility-impaired individuals who have
disabilities recognized by the Americans with Disabilities Act
("ADA") and the Rehabilitation Act.
The Plaintiffs rely on accessible sidewalks, curb ramps, pedestrian
crossing, and other walkways to meaningfully access and participate
in many services, programs, and activities offered to the City’s
residents and visitors.
On May 24, 2018, the Plaintiffs on behalf of themselves and all
others similarly situation, filed a class-action complaint against
the City pursuant to Fed. R. Civ. P. 23. The complaint alleges that
the City violates Title II of the ADA by failing to maintain
sidewalks and other pedestrian access routes in the public right
of-way in a manner that is accessible to individuals with
disabilities.
Atlanta is the capital and most populous city of the U.S. state of
Georgia. It is the seat of Fulton County.
A copy of the Parties' motion dated Aug. 25, 2023 is available from
PacerMonitor.com at https://bit.ly/483lX8J at no extra charge.[CC]
The Plaintiffs are represented by:
Andrew Y. Coffman, Esq.
A. Lee Parks, Jr., Esq.
J. Daniel Cole, Esq.
PARKS, CHESIN & WALBERT, P.C.
75 Fourteenth Street, 26th Floor
Atlanta, GA 30309
Telephone: (404) 873-8000
Facsimile: (404) 873-8050
E-mail: acoffman@pcwlawfirm.com
lparks@pcwlawfirm.com
dcole@pcwlawfirm.com
- and -
James E. Radford, Esq.
Regan E. Keebaugh, Esq.
Georgia Lord, Esq.
RADFORD & KEEBAUGH, LLC
315 W. Ponce de Leon Ave. @1080
Decatur, GA 30030
Telephone: (678) 271-0300
E-mail: james@decaturlegal.com
regan@decaturlegal.com
georgia@decaturlegal.com
The Defendant is represented by:
Robert S. Fine, Esq.
Richard J. Valladares, Esq.
Robert S. Galbo, Esq.
Elisa H. Baca, Esq.
GREENBERG TRAURIG, LLP
Terminus 200, Suite 2500
333 Piedmont Road NE
Atlanta, GA 30305
Telephone: (678) 553-2100
Facsimile: (678) 553-4745
E-mail: FineR@gtlaw.com
Valladaresr@gtlaw.com
GalboR@gtlaw.com
BacaE@gtlaw.com
ATLANTIC RECOVERY: Gatchalian Seeks Provisional Class Certification
-------------------------------------------------------------------
In the class action lawsuit captioned as HARRIET GATCHALIAN, on
behalf of herself and all others similarly situated, v. ATLANTIC
RECOVERY SOLUTIONS, LLC, a New York limited liability company;
ZACHARIAH YAHIA AGA, individually and in his official capacity; DNF
ASSOCIATES, LLC, a Delaware limited liability company; and DOES 1
through 10, inclusive, Case No. 3:22-cv-04108-JSC (N.D. Cal.), the
Plaintiff asks the Court to enter an order, pursuant to Fed. R.
Civ. P. 23:
(1) Provisionally certifying a Class for settlement purposes
only;
(2) Preliminarily approving the class action settlement embodied
in
the parties' Settlement Agreement;
(3) Granting approval of the form and method of the Notice and
establishing deadlines for the Settlement Administrator,
American Legal Claim Services, LLC (ALCS), to distribute the
Notice and for Class Members to return their Requests for
Exclusion or objections to the Settlement Agreement;
(4) Setting a deadline for Plaintiff to file a Motion for Final
Approval and setting a date convenient for the Court for the
Final Fairness Hearing;
(5) Granting approval of ALCS as the Settlement Administrator;
(6) Staying all proceedings in this action pending Final
Approval;
and
(7) Granting such other and further relief as the Court deems
just
and proper.
Atlantic is a nationally licensed, insured, bonded debt recovery
agency.
A copy of the Plaintiff's motion dated Aug. 24, 2023, is available
from PacerMonitor.com at https://bit.ly/3Rbifnr at no extra
charge.[CC]
The Plaintiff is represented by:
Raeon R. Roulston, Esq.
CONSUMER LAW CENTER, INC.
38 West Santa Clara Street
San Jose, CA 95113-1806
Telephone: (408) 294-6100
Facsimile: (408) 294-6190
E-mail: fred.schwinn@sjconsumerlaw.com
B & B TRANSPORT: Bid to Stay Action Pending Mediation OK'd
----------------------------------------------------------
In the class action lawsuit captioned as BRUCE WILLIAM BALLINGER,
an individual, on behalf of himself and others similarly situated,
v. B & B TRANSPORT, INC., Case No. 1:22-cv-01607-ADA-HBK (E.D.
Cal.), the Hon. Judge Helena M. Barch-kuchta entered an order
granting the parties' joint motion to stay action pending
mediation.
-- The Parties' joint motion to stay or continue the class
certification deadlines is granted to the extent the Court
stays
this action pending further Order by the Court.
-- In order to preserve judicial economy, as well as to prevent
any
unnecessary discovery and litigation costs to the parties, all
proceedings, including but not limited to written discovery,
depositions, and all motions, including the class
certification
hearing set on July 11, 2024.
-- The Clerk of Court shall automatically lift the stay on March
14,
2024.
-- Within seven days of the mediation's conclusion, the Plaintiff
must report the result of the mediation and confirm attendance
of
all required persons at mediation.
-- The substance of the mediation is confidential, and no party,
lawyer, or other participant may record, or without approval
of
the Court may disclose any event, including any statement
confirming or denying a fact—except settlement -- that
occurs
during the mediation.
B&B is a Truck Transportation company.
A copy of the Court's order dated Aug. 23, 2023, is available from
PacerMonitor.com at https://bit.ly/44OOuf8 at no extra charge.[CC]
BABCOCK & WILCOX: Settles Parker Shareholder Suit
-------------------------------------------------
Babcock & Wilcox Enterprises, Inc. (B&W) disclosed in its Form 10-Q
for the quarterly period ended June 30, 2023, filed with the
Securities and Exchange Commission on August 8, 2023, that on July
14, 2023, the Delaware Court of Chancery issued an order approving
a settlement and entered the order and final judgment dismissing
the case with prejudice thus resolving all claims asserted in the
stockholder litigation filed on April 14, 2020, where a putative
B&W stockholder sued the company's directors, executives and
significant stockholders and the company (as a nominal defendant).
Action captioned "Parker v. Avril, et al.," C.A. No. 2020-0280-PAF
alleged that defendants, among other things, did not properly
discharge their fiduciary duties in connection with the 2019 rights
offering and related transactions. On June 10, 2022, after pursuing
private mediation, the parties reached a settlement agreement in
principle to resolve the litigation that includes certain corporate
governance changes that the company is willing to implement in the
future, a total payment of $9.5 million, and other customary terms
and conditions.
Babcock & Wilcox Enterprises, Inc. is into aftermarket services
for, steam-generating, environmental and auxiliary equipment, solar
construction and installation, and the supply of custom-engineered
cooling systems for steam applications along with related
aftermarket services.
BANK OF NEW YORK: Must Respond to Class Cert Bid by Sept. 21
------------------------------------------------------------
In the class action lawsuit captioned as WALDEN, et al., v. THE
BANK OF NEW YORK MELLON CORPORATION, et al., Case No. 2:20-cv-01972
(W.D. Pa., Filed Dec. 21, 2020), the Hon. Judge Cynthia Reed Eddy
entered an order granting motion for extension of time to file
response/reply as to motion for summary judgment and as to motion
for class certification.
-- The Plaintiffs' Response to Defendants Motion for Summary
Judgment and Defendants' Response to Plaintiffs Motion for
Class
Certification are due on or before Sept. 21, 2023.
The nature of suit states Diversity-Contract Default.
Bank of New York is an American investment banking services holding
company.[CC]
BAXTER INTERNATIONAL: Faces Grover Securities Suit in Illinois
---------------------------------------------------------------
Baxter International Inc. disclosed in its Form 10-Q for the
quarterly period ended June 30, 2023, filed with the Securities and
Exchange Commission on July 27, 2023, that in July 2023, the
company and certain of its officers were named in a class action
complaint captioned "Grover J. Kelley et al. v. Baxter
International Inc. et al." that was filed in the United States
District Court for the Northern District of Illinois.
The plaintiff, who allegedly purchased securities during the
specified class period, filed this putative class action on behalf
of himself and shareholders who acquired Baxter securities on the
public market between May 25, 2022, and February 8, 2023.
The plaintiff alleges that we and certain officers violated
Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, as
amended (the Exchange Act), and Rule 10b-5 promulgated thereunder
by making allegedly false and misleading statements and failing to
disclose material facts relating to supply chain and financial
guidance.
Baxter International Inc. is a healthcare company based in
Illinois.
BCE-MACH LLC: Filing for Class Certification Bid Due April 12, 2024
-------------------------------------------------------------------
In the class action lawsuit captioned as Wake Energy, LLC, on
behalf of itself and all others similarly situated, v. BCE-Mach LLC
and BCE-Mach III LLC, Case No. 5:22-cv-00794-HE (W.D. Okla.), the
Hon. Judge Joe Heaton entered an order granting the Parties' joint
motion for extension of deadlines as follows:
Event Revised Deadlines
Plaintiff's Rule 26 Expert Dec. 22, 2023
Disclosures, Expert Reports,
for Class Certification purposes
(Not filed of Record)
Defendant's Rule 26 Expert Disclosures, Feb. 7, 2024
Expert Reports, for Class Certification
Purposes (Not filed of Record)
Motion for Class Certification Filed Apr. 12, 2024
with all Supporting Evidence
Response to Motion for Class May 17, 2024
Certification Filed with all
Supporting Evidence
Class Certification Discovery Cutoff May 12, 2024
Reply to Motion for Class Certification June 12, 2024
Filed with any Rebuttal Evidence,
Including Expert Disclosure for
Class Certification Purposes, if any
Hearing on Motion for Class To be set by Court.
Certification
BCE-Mach provides petroleum refining services.
A copy of the Court's order dated Aug. 24, 2023, is available from
PacerMonitor.com at https://bit.ly/3LhOFst at no extra charge.[CC]
BECTON DICKINSON: Socorro Suit Removed to N.D. Illinois
-------------------------------------------------------
The case captioned as Andres Socorro, individually and on behalf of
all others similarly situated v. BECTON, DICKINSON & COMPANY, Case
No. CACE-23-015554 was removed from the Circuit Court of Cook
County, Illinois, to the United States District Court for the
Northern District of Illinois on Sept. 8, 2023, and assigned Case
No. 1:23-cv-08123.
The Plaintiff alleges that BD manufactures medical technology that
scans biometric information. As an Illinois hospital employee,
Plaintiff alleges he was required to use BD's technology in a
manner that violates Illinois' Biometric Information Privacy Act
("BIPA"). Specifically, Plaintiff alleges that while working as a
Registered Intensive Care Unit Nurse and Assistant Clinical Manager
for Advocate Illinois Masonic Medical Center, he was required to
scan his fingerprint on two of BD's devices: the Pyxis MedStation
and the Pyxis CII Safe. He alleges he was required to, and did in
fact, repeatedly scan his finger using BD devices. Plaintiff
alleges BD violated three separate BIPA Sections: 15(a) ("failure
to institute, maintain, and adhere to publicly-available retention
schedule"); 15(b) ("failure to obtain informed written consent and
release before obtaining biometric identifiers or information");
and 15(d) ("disclosure of biometric identifiers and information
before obtaining consent").[BN]
The Defendant is represented by:
Amy Y. Cho, Esq.
Matthew C. Wolfe, Esq.
Kathleen M. Ryan, Esq.
SHOOK, HARDY & BACON L.L.P.
111 South Wacker Drive, Suite 4700
Chicago, IL 60606
Phone: (312) 704-7700
Fax: (312) 558-1195
Firm No. 58950
Email: acho@shb.com
mwolfe@shb.com
kxryan@shb.com
BIKESHOES.COM INC: Jones Files ADA Suit in S.D. New York
--------------------------------------------------------
A class action lawsuit has been filed against Bikeshoes.com, Inc.
The case is styled as Damon Jones, on behalf of himself and all
others similarly situated v. Bikeshoes.com, Inc., Case No.
1:23-cv-07955 (S.D.N.Y., Sept. 8, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Bikeshoes.com, Inc. -- https://bikeshoes.com/ -- specialize in bike
shoes pedals, and all the parts and accessories related to
them.[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
BILL BLASS GROUP: Erkan Files ADA Suit in E.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against Bill Blass Group,
LLC. The case is styled as Nihal Erkan, on behalf of herself and
all others similarly situated v. Bill Blass Group, LLC, Case No.
1:23-cv-06707 (E.D.N.Y., Sept. 8, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Bill Blass Group -- https://billblass.com/ -- replaces what was
formerly Bill Blass Limited, a fashion house founded by American
designer Bill Blass.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
14749 71st Ave.
Flushing, NY 11367
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
BOEING EMPLOYEES: Woodard Suit Transferred to D. Oregon
-------------------------------------------------------
The case styled as Noel Woodard, individually, and on behalf of all
others similarly situated v. Boeing Employees Credit Union and
Kaye-Smith Enterprises, Inc., Case No. 2:23-cv-00033 was
transferred from the U.S. District Court for the Western District
of Washington, to the U.S. District Court for the District of
Oregon on Aug. 9, 2023.
The District Court Clerk assigned Case No. 3:23-cv-01165-AR to the
proceeding.
The nature of suit is stated as Other Personal Injury for Breach of
Contract.
Boeing Employees Credit Union (BECU) -- https://www.becu.org/ -- is
a credit union originally established to serve employees of The
Boeing Company.[BN]
The Plaintiff is represented by:
Cody Alexander Bolce, Esq.
Scott Edward Cole, Esq.
COLE & VAN NOTE
555 12th St., Ste. 2100
Oakland, CA 94607
Phone: (510) 891-9800
- and -
Mark J. Hilliard
BROTHERS SMITH LLP
2033 N Main St., Ste. 720
Walnut Creek, CA 94596
Phone: (925) 944-9700
- and -
Timothy W Emery
EMERY REDDY PLLC
600 Stewart St, Ste 1100
Seattle, WA 98101
Phone: (206) 442-9106
The Defendants are represented by:
Timothy J. Repass, Esq.
Timothy D Shea, Esq.
WOOD SMITH HENNING & BERMAN LLP
801 Kirkland Avenue, Ste 100
Kirkland, WA 98033
Phone: (206) 204-6802
Fax: (206) 299-0400
Email: trepass@wshblaw.com
tshea@wshblaw.com
- and -
Kellan W. Byrne, Esq.
LEE SMART PS INC.
701 Pike St, Ste 1800 One Convention Pl
Seattle, WA 98101-3929
Phone: (206) 624-7990
Fax: (206) 624-5944
- and -
Jesse Lee Taylor, Esq.
Christopher T. Wion, Esq.
SUMMIT LAW GROUP
315 5th Ave S, Ste 1000
Seattle, WA 98104
Phone: (208) 946-6586
Fax: (206) 676-7001
- and -
Marcus A. Christian, Esq.
Amber Thomson, Esq.
MAYER BROWN LLP
1999 K Street NW
Washington, DC 20006
Phone: (202) 263-3731
Email: mchristian@mayerbrown.com
athomson@mayerbrown.com
- and -
Nicholas A. Kampars, Esq.
WILDWOOD LAW GROUP LLC
3519 NE 15th Avenue, #362
Portland, OR 97212
Phone: (503) 564-3049
Fax: (971) 347-1425
Email: nick.kampars@wildwoodlaw.com
BRONX BREWERY: Durantas Files ADA Suit in E.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against The Bronx Brewery,
LLC. The case is styled as Hakan Durantas, on behalf of himself and
all others similarly situated v. The Bronx Brewery, LLC, Case No.
1:23-cv-06719 (E.D.N.Y., Sept. 8, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
The Bronx Brewery -- https://thebronxbrewery.com/ -- is a small,
craft brewery in the Port Morris neighborhood of the South
Bronx.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
14749 71st Ave.
Flushing, NY 11367
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
CARIBOU BIOSCIENCES: Greenhalgh Suit Voluntarily Dismissed
----------------------------------------------------------
Caribou Biosciences, Inc. disclosed in its Form 10-Q for the
quarterly period ended June 30, 2023, filed with the Securities and
Exchange Commission on August 8, 2023, that a putative class action
securities lawsuit filed in the U.S. District Court for the
Northern District of California against the company and certain of
its officers and current and former members of the board of
directors, "Greenhalgh v. Caribou Biosciences, Inc., et al.," Case
Number 3:23-cv-00609-VC was voluntarily dismissed on March 16,
2023. Said case was filed on February 10, 2023
Caribou Biosciences, Inc. is a clinical-stage Clustered Regularly
Interspaced Short Palindromic Repeats (CRISPR) genome-editing
biopharmaceutical company. Its genome-editing platform, including
our novel chRDNA (CRISPR hybrid RNA-DNA) technologies, enables
superior editing precision to develop cell therapies that are
armored to improve antitumor activity. It is advancing a pipeline
of allogeneic, or off-the-shelf, cell therapies as readily
available therapeutic treatments for patients.
CARIBOU BIOSCIENCES: Lowry Shareholder Suit Over "CB-010" Ongoing
-----------------------------------------------------------------
Caribou Biosciences, Inc. disclosed in its Form 10-Q for the
quarterly period ended June 30, 2023, filed with the Securities and
Exchange Commission on August 8, 2023, that on March 22, 2023, a
putative class action lawsuit was filed in Superior Court of the
State of California for the County of Alameda against the company
and certain of its officers and current and former members of its
board of directors captioned "Lowry v. Caribou Biosciences, Inc.,
et al.," Case Number T23-1084.
The Lowry case challenges disclosures regarding the company's
business, operations, and prospects, specifically with respect to
alleged durability of the therapeutic effect of its allogeneic
anti-CD19 CAR-T cell therapy drug, "CB-010" and the product
candidate's clinical and commercial prospects, in alleged violation
of Sections 11 and 15 of the Securities Act.
On April 26, 2023, the company filed a motion to stay the Lowry
case during the pendency of the parallel federal court litigation
in the Bergman Case, and, on July 11, 2023, the motion to stay was
denied.
Caribou Biosciences, Inc. is a clinical-stage Clustered Regularly
Interspaced Short Palindromic Repeats (CRISPR) genome-editing
biopharmaceutical company. Its genome-editing platform, including
our novel chRDNA (CRISPR hybrid RNA-DNA) technologies, enables
superior editing precision to develop cell therapies that are
armored to improve antitumor activity. It is advancing a pipeline
of allogeneic, or off-the-shelf, cell therapies as readily
available therapeutic treatments for patients.
CHARTER COMMUNICATIONS: Court OK's Final Award of Arbitrator
------------------------------------------------------------
In the class action lawsuit captioned as LIONEL HARPER, DANIEL
SINCLAIR, HASSAN TURNER, LUIS VAZQUEZ, and PEDRO ABASCAL,
individually and on behalf of all others similarly situated and all
aggrieved employees, v. CHARTER COMMUNICATIONS, LLC, Case No.
2:19-cv-00902-WBS-DMC (E.D. Cal.), the the Hon. Judge William Shubb
entered an order granting joint motion, confirming final award of
Arbitrator, and entering Judgment (turner arbitration).
On October 13, 2021, the Court granted Charter's motion to compel
individual arbitration of Turner's claims under the Mutual
Arbitration Agreement (also known as the Solution Channel
Agreement), and stayed his individual claims pending the completion
of arbitration proceedings.
On June 16, 2023, Arbitrator Ruth V. Glick, who was appointed by
the American Arbitration Association (AAA) and presided over the
arbitration between Turner and Charter, issued an Interim Award.
Exhibit 1 (Interim Award).
On July 20, 2023, the Arbitrator issued a Final Award that
incorporated the Interim Award and concluded the arbitration.
Charter Communications is an American telecommunications and mass
media company.
A copy of the Court's order dated Aug. 24, 2023, is available from
PacerMonitor.com at https://bit.ly/3EwassX at no extra charge.[CC]
The Plaintiffs are represented by:
Jamin S. Soderstrom, Esq.
SODERSTROM LAW PC
1 Park Plaza, Suite 600
Irvine, CA 92614
Telephone: (949) 667-4700
Facsimile: (949) 424-8091
E-mail: jamin@soderstromlawfirm.com
The Defendant is represented by:
Joseph W. Ozmer II, Esq.
Nathan D. Chapman
J. Scott Carr
KABAT CHAPMAN & OZMER LLP
333 S. Grand Avenue, Suite 2225
Los Angeles, CA 90071
Telephone: (213) 493-3980
Facsimile: (404) 400-7333
E-mail: jozmer@kcozlaw.com
nchapman@kcozlaw.com
scarr@kcozlaw.com
CHC VI LTD: Southern-Owners Files Suit in M.D. Florida
------------------------------------------------------
A class action lawsuit has been filed against CHC VI, LTD., et al.
The case is styled as Southern-Owners Insurance Company v. CHC VI,
LTD., Steven Foster, on behalf of himself and others similarly
situated, Case No. 8:23-cv-01803-KKM-UAM (M.D. Fla., Aug. 10,
2023).
The nature of suit is stated as Insurance.
CHC VI, LTD. is a Florida Domestic Limited Partnership.[BN]
The Plaintiff is represented by:
William S. Chambers, IV, Esq.
CAMPBELL TROHN TAMAYO & ARANDA PA
PO Box 2369
Lakeland, FL 33806-2369
Phone: (863) 686-0043
Fax: (863) 616-1445
Email: B.Chambers@cttalaw.com
CHURCH & DWIGHT: Pizzo Suit Removed to E.D. Missouri
----------------------------------------------------
The case styled as Dominic Pizzo, individually and on behalf of all
others similarly situated v. Church & Dwight Co., Does 1 through
10, Case No. 23SL-CC03252 was removed from the St. Louis County
Circuit Court, to the U.S. District Court for the Eastern District
of Missouri on Sept. 7, 2023.
The District Court Clerk assigned Case No. 4:23-cv-01121 to the
proceeding.
The nature of suit is stated as Other Fraud.
Church & Dwight -- http://churchdwight.com/-- is an American
consumer goods company focusing on personal care, household
products, and specialty products.[BN]
The Plaintiff appears pro se.
The Defendants are represented by:
Michael L. Jente, Esq.
LEWIS RICE LLC - St. Louis
600 Washington Avenue, Suite 2500
St. Louis, MO 63101
Phone: (314) 444-7683
Email: mjente@lewisrice.com
CLIPPER CONNECTION: Gonzalez Files ADA Suit in S.D. New York
------------------------------------------------------------
A class action lawsuit has been filed against Clipper Connection,
LLC. The case is styled as Yanilza Gonzalez, on behalf of herself
and all others similarly situated v. Clipper Connection, LLC, Case
No. 1:23-cv-07930 (S.D.N.Y., Sept. 7, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Clipper Connection, LLC is a source for quality shearing machines,
large and small animal clippers, parts, and accessories.[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
CONAGRA FOODS: Court Junks Bid to Dismiss Thomas Class Suit
-----------------------------------------------------------
In the class action lawsuit captioned as CAROL THOMAS, v. CONAGRA
FOODS, INC., CONAGRA BRANDS, INC., DS CONTAINERS, INC., and
FULL-FILL INDUSTRIES, LLC, Case No. 6:20-cv-06239-EAW-MJP
(W.D.N.Y.), Hon. Judge Elizabeth A. Wolford entered an order
denying the Defendants' motion to dismiss pursuant to Federal Rule
of Civil Procedure 12(b)(1) or alternatively, seeking summary
judgment pursuant to Federal Rule of Civil Procedure.
The Court said, "The Defendants have not submitted any authority
from which the Court can conclude that Plaintiff would not be
permitted to testify or present evidence at trial that the label on
the canister at issue bore the brand name "Daily Chef," and the
Court has not ruled on any motions in limine excluding such
testimony or other evidence. Defendants have also not shown that,
even if Plaintiff is precluded from introducing the Daily Chef
brand name, a reasonable factfinder could not find that Defendants
are responsible for the vented DOT-2Q cooking spray canister
alleged in the complaint coming into Plaintiff's possession in a
defective form and that the canister caused Plaintiff’s
injuries."
The Court is not persuaded by the Defendants' contention that, at
trial, a jury would evaluate the risk and utility of "Member's Mark
cooking spray -- not the risk of bottom vented containers or
flammable propellants as used in the aerosol cooking spray in
general."
The Plaintiff alleges that she was burned and severely injured "by
a can of Member's Mark Cooking Spray" that Defendants had designed,
developed, manufactured, tested, assembled, labeled, filled,
packaged, marketed, sold and distributed."
ConAgra is a 'leading branded, value-added' food company, organized
into three businesses—Consumer Foods, International Foods and
Commercial Products.
A copy of the Court's order dated Aug. 23, 2023, is available from
PacerMonitor.com at https://bit.ly/48ctaDi at no extra charge.[CC]
CORNELL UNIVERSITY: Class Settlement in Faber Suit Gets Initial Nod
-------------------------------------------------------------------
In the class action lawsuit captioned as ALEC FABER, individually
and on behalf of all others similarly situated; and AHNAF RAHMAN,
individually and on behalf of others similarly situated, v. CORNELL
UNIVERSITY, Case No. 3:20-cv-00467-MAD-ML (N.D.N.Y.), the the Hon.
Judge Mae A. D'Agostino entered an order granting Cornell
University's unopposed motion seeking preliminary approval of
proposed class action settlement; provisional certification, for
purposes of settlement only, of settlement class; preliminary
appointment of settlement class representatives; preliminary
appointment of class counsel; approval of proposed settlement
procedure and schedule; and approval of proposed notice to class
members and hearing on final approval.
On April 23, 2020, the Plaintiffs filed this diversity class action
against Cornell alleging breach of contract, unjust enrichment, and
conversion under New York State law.
The Court finds that the proposed class meets all requirements for
certification under Fed. R. Civ. P. 23(a). As an initial matter,
according to the Settlement Agreement, the class includes the
following:
"All students enrolled in a degree-bearing Cornell program for
the
Spring 2020 semester, with the exception of: (i) any person who
withdrew from Cornell on or before March 1, 2020; (ii) any
person
enrolled for the Spring 2020 semester solely in a program that,
at
the beginning of the Spring 2020 semester, was to be delivered
as
an online program; (iii) any person who executes and files a
proper
and timely opt-out request to be excluded from the Settlement
Class; and (iv) the legal representatives, successors or assigns
of
any such excluded person."
The Defendant is a private university located in Ithaca, New York,
with more than 24,000 enrolled students.
A copy of the Court's order dated Aug. 24, 2023, is available from
PacerMonitor.com at https://bit.ly/44Nuhq4 at no extra charge.[CC]
The Plaintiffs are represented by:
Eric Poulin, Esq.
Paul J. Doolittle, Esq.
POULIN, WILLEY, ANASTOPOULO, LLC
32 Ann Street
Charleston, SC 29403
- and -
(Eddie) Jae K. Kim, Esq
Edward W. Ciolko, Esq.
Gary F. Lynch, Esq.
Ames Patrick Mcgraw, III, Esq.
Tiffany E. Malamphy, Esq.
LYNCH CARPENTER, LLP
117 E. Colorado Blvd., Suite 600
Pasadena, CA 91105
- and -
John C. Cherundolo, Esq.
J. Patrick Lannon, Esq.
CHERUNDOLO LAW FIRM, PLLC
AXA Tower II - Ste 1600
Syracuse, NY 13202
- and -
Max Stuart Roberts, Esq.
Phillip L. Fraietta, Esq.
Sarah Westcot, Esq.
BURSOR & FISHER P.A.
1330 Avenue of the Americas, 32nd Floor
New York, NY 10019
- and -
Roy T. Willey, IV, Esq.
Blake G. Abbott, Esq.
ANASTOPOULO LAW FIRM, LLC
32 Ann Street
Charleston, SC 29403
- and -
Edward Toptani, Esq.
TOPTANI LAW PLLC
375 Pearl Street, Suite 1410
New York, NY 10038
- and -
Kelsey W. Shannon, Esq.
LYNN LAW FIRM, LLP
333 West Washington Street - Suite 100
Syracuse, NY 13202
The Defendant is represented by:
Valerie L. Dorn, Esq.
Adam Pence, Esq.
CORNELL UNIVERSITY
Office of Counsel
300 CCC Building
235 Garden Avenue
Ithaca, NY 14853
- and -
Ishan Kharshedji Bhabha, Esq.
Lauren J. Hartz, Esq.
Margaret M. Hlousek, Esq.
Paul Rietema, Esq.
JENNER & BLOCK LLP
1099 New York Avenue, Suite 900
Washington, DC 20001
COX AUTOMOTIVE: Touch Suit Removed to E.D. California
-----------------------------------------------------
The case captioned as Samnang Touch, as an individual and on behalf
of all others similarly situated v. COX AUTOMOTIVE CORP SVCS., LLC,
a limited liability company; COX AUTOMOTIVE MOBILITY SOLUTIONS,
INC., a corporation; and DOES 1 through 50, inclusive, Case No.
STK-CV-UOE-2023-0005193 was removed from the Superior Court of the
State of California, County of San Joaquin, to the United States
District Court for the Eastern District of California on Sept. 8,
2023, and assigned Case No. 1:23-at-00778.
The Plaintiff asserts in his Complaint class claims for Defendants
alleged violation of California Labor Code section 226.
Specifically, Plaintiff alleges that Defendants violated Section
226 by issuing inaccurate wage statements to all of its
California-based non-exempt and exempt employees by failing "to
list the actual name of the legal entity" that employed Plaintiff
and the putative class members. This is a defect he alleges
impacted every wage statement sent to Defendant's employees during
the relevant limitations period. In addition, Plaintiff alleges
that Defendants failed to provide accurate wage statements to its
California-based non-exempt employees by failing "to list the
accurate total hours worked and applicable hourly rates of pay"
when overtime wages were paid to Plaintiff and the putative class
members.[BN]
The Defendant is represented by:
Thomas R. Kaufman, Esq.
Paul Berkowitz, Esq.
SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
1901 Avenue of the Stars, Suite 1600
Los Angeles, CA 90067-6055
Phone: 310.228.3700
Facsimile: 310.228.3701
Email: tkaufman@sheppardmullin.com
pberkowitz@sheppardmullin.com
CRONOS GROUP: Faces Securities Suit Over Declared Sales in SEC
--------------------------------------------------------------
Cronos Group Inc. disclosed in its Form 10-Q for the quarterly
period ended June 30, 2023, filed with the Securities and Exchange
Commission on August 8, 2023, that it is facing a consolidated
class action complaint relating to restatement of 2019 interim
financial statements filed with the SEC.
On March 11 and 12, 2020, two alleged shareholders of the company
separately filed two putative class action complaints in the U.S.
District Court for the Eastern District of New York against the
company and its Chief Executive Officer and now former Chief
Financial Officer. The court has consolidated the cases, and the
consolidated amended complaint alleges violations of Section 10(b)
of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated
thereunder against all defendants, and Section 20(a) of the
Exchange Act against the individual defendants.
The consolidated amended complaint generally alleges that certain
of the company's prior public statements about revenues and
internal control were incorrect based on the company's disclosures
relating to the Audit Committee of the board's review of the
appropriateness of revenue recognized in connection with certain
bulk resin purchases and sales of products through the wholesale
channel. The consolidated amended complaint does not quantify a
damage request. Defendants moved to dismiss on February 8, 2021.
Cronos Group Inc. is a global cannabinoid company into advancing
cannabis research, technology and product development. Its brand
portfolio includes Spinach(R), Peace Naturals(R) and Lord
Jones(R).
CUT RATE SPORTING: Mercedes Files ADA Suit in S.D. New York
-----------------------------------------------------------
A class action lawsuit has been filed against Cut Rate Sporting
Goods, Inc. The case is styled as Luis Mercedes, on behalf of
himself and all others similarly situated v. Cut Rate Sporting
Goods, Inc., Case No. 1:23-cv-07959 (S.D.N.Y., Sept. 8, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Cut Rate Sporting Goods is located at 12800 Gulf Fwy, Houston,
Texas.[BN]
The Plaintiff is represented by:
PeterPaul Elhamy Shaker, Esq.
STEIN SAKS, PLLC
1 University Plaza, Ste. 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: pshaker@steinsakslegal.com
DAIRY CONVEYOR: Rodriguez Suit Removed to C.D. California
---------------------------------------------------------
The case captioned as Jose Rodriguez, an individual v. DAIRY
CONVEYOR CORPORATION, a New York corporation; and DOES 1 through
20, inclusive, Case No. 30-2023-01337873-CU-WT-WJC was removed from
the Superior Court of the State of California, County of Los
Angeles, to the United States District Court for the Central
District of California on Sept. 8, 2023, and assigned Case No.
8:23-cv-01683-JWH-JDE.
On March 3, 2023, Plaintiff filed a civil Class Action Complaint
for Damages against Defendant which sets forth the following causes
of action: discrimination in violation of the California Fair
Employment and Housing Act, or California Government Code ("FEHA");
harassment in violation of FEHA; retaliation in violation of FEHA;
failure to prevent discrimination, harassment, and retaliation in
violation of FEHA.; waiting time penalties under California Labor
Code; conversion; unfair business practices in violation of
California Business & Professions Code; civil assault; civil
battery; "wrongful termination" in violation of FEHA.; wrongful
termination in violation of public policy; declaratory relief; and
injunctive relief.[BN]
The Defendant is represented by:
Jared L. Bryan (SBN 220925)
Philip M. Duclos (SBN 338728)
JACKSON LEWIS P.C.
200 Spectrum Center Drive, Suite 500
Irvine, CA 92618
Phone: (949) 885-1360
Fax: (949) 885-1380
Email: Jared.Bryan@JacksonLewis.com
Philip.Duclos@JacksonLewis.com
DB DELIVERY: Website Inaccessible to Blind, Bunting Suit Alleges
----------------------------------------------------------------
RASHETA BUNTING v. DB DELIVERY MA, LLC, Case No. 526077/2023 (N.Y.
Sup., Sept. 8, 2023) is a class action against the Defendant for
refusing to update or remove access barriers to trydoobie.com,
causing the website to be completely inaccessible to the blind in
violation of the N.Y. Exec. Law section 296(2)(a).
The Plaintiff contends that the Defendant's denial of full and
equal access to its website, and therefore denial of its products
and services offered, and in conjunction with its physical
locations, is a violation of the Plaintiff's rights under the New
York State Human Rights Law, the New York State Civil Rights Law,
and the New York City Human Rights Law.
Accordingly, trydoobie.com contains thousands of access barriers
that make it difficult if not impossible for blind and
visually-impaired customers to use the website. Thus, DB excludes
the blind and visually-impaired from the full and equal
participation in the growing Internet economy that is increasingly
a fundamental part of the common marketplace and daily living.
The Plaintiff browsed and intended to make an online purchase of
the Gelato and the Peach Gummies on trydoobie.com. However, unless
the Defendant remedies the numerous access barriers on its website,
the Plaintiff will continue to be unable to independently navigate,
browse, use, and complete a transaction on trydoobie.com, the
lawsuit asserts.
The Plaintiff seeks a permanent injunction to cause a change in
DB's policies, practices, and procedures so that the Defendant's
website will become and remain accessible to blind and
visually-impaired consumers. This complaint also seeks compensatory
damages to compensate the Plaintiff for having been subjected to
unlawful discrimination.
The Plaintiff is a visually-impaired and legally blind person who
requires screen-reading software to read website content using her
computer.
DB provides to the public a website known as trydoobie.com which
provides consumers with access to an array of goods and services,
including, the ability to view the various cannabis-infused
edibles, vapes, and concentrates that can be purchased with the
click of a mouse, and learn about promotions.[BN]
The Plaintiff is represented by:
Dan Shaked, Esq.
SHAKED LAW GROUP, P.C.
14 Harwood Court, Suite 415
Scarsdale, NY 10583
Telephone: (917) 373-9128
E-mail: ShakedLawGroup@Gmail.com
DECLAN DISTILLERS: Website Inaccessible to Blind, Martinez Says
---------------------------------------------------------------
PEDRO MARTINEZ, v. DECLAN DISTILLERS, LLC d/b/a Austin Cocktails,
Case No. 526078/2023 (N.Y. Sup., Sept. 8, 2023) is a class action
brought by the Plaintiff on behalf of himself and similarly
situated blind and visually-impaired customers alleging that the
Defendant refuses to update or remove access barriers to
austincocktails.com, causing the website to be completely
inaccessible to the blind in violation the N.Y. Exec. Law section
296(2)(a).
The Plaintiff contends that the Defendant's denial of full and
equal access to its website, and therefore denial of its products
and services offered, and in conjunction with its physical
locations, is a violation of the Plaintiff's rights under the New
York State Human Rights Law; the New York State Civil Rights Law;
and the New York City Human Rights Law.
Austincocktails.com provides to the public a wide array of the
goods, services, price specials, employment opportunities and other
programs. Yet, austincocktails.com contains thousands of access
barriers that make it difficult if not impossible for blind and
visually-impaired customers to use the website. In fact, the access
barriers make it impossible for blind and visually-impaired users
to even complete a transaction on the website.
Mr. Martinez browsed and intended to make an online purchase of the
Bergamot Orange Margarita and the Cucumber Vodka Mojito on
austincocktails.com. However, unless the Defendant remedies the
numerous access barriers on its website, Mr. Martinez will continue
to be unable to independently navigate, browse, use, and complete a
transaction on austincocktails.com, the lawsuit asserts.
The Plaintiff seeks a permanent injunction to cause a change in
DECLAN's policies, practices, and procedures so that the
Defendant's website will become and remain accessible to blind and
visually-impaired consumers. This complaint also seeks compensatory
damages to compensate the Plaintiff for having been subjected to
unlawful discrimination.
Mr. Martinez is a visually-impaired and legally blind person who
requires screen-reading software to read website content using his
computer.
DECLAN provides to the public a website known as
austincocktails.com which provides consumers with access to an
array of goods and services, including, the ability to view the
various original, flavor-filled cocktails that can be purchased
with the click of a mouse, and learn about promotions, among other
features.[BN]
The Plaintiff is represented by:
Dan Shaked, Esq.
SHAKED LAW GROUP, P.C.
14 Harwood Court, Suite 415
Scarsdale, NY 10583
Telephone: (917) 373-9128
E-mail: ShakedLawGroup@gmail.com
DELICIOUS HOSPITALITY: Durantas Files ADA Suit in E.D. New York
---------------------------------------------------------------
A class action lawsuit has been filed against Delicious
Hospitality, LLC. The case is styled as Hakan Durantas, on behalf
of himself and all others similarly situated v. Delicious
Hospitality, LLC, Case No. 1:23-cv-06710 (E.D.N.Y., Sept. 8,
2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Delicious Hospitality Group -- https://www.dhgnyc.com/ -- focuses
on creating memorable hospitality experiences featuring an
inventive culinary style.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
14749 71st Ave.
Flushing, NY 11367
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
DFO LLC: Court Enters Order on Class Certification Bids
-------------------------------------------------------
In the class action lawsuit captioned as JESSE CANTU, v. DFO, LLC,
et al., Case No. 2:23-cv-03696-FMO-AFM (C.D. Cal.), the Hon. Judge
Fernando M. Olguin entered an order re motions for class
certification:
1. Joint Brief
The parties shall work cooperatively to create a single,
fully
integrated joint brief covering each party's position, in
which
each issue (or sub-issue) raised by a party is immediately
followed by the opposing party's/parties' response.
2. Citation to Evidence
The parties shall cite to relevant evidence to support
factual
assertions throughout the joint brief. Failure to cite to
evidence in support of a factual assertion may be deemed the
party's admission that the party lacks evidence of that fact.
3. Unnecessary Sections
The parties need not include a "procedural history" section,
since the court will be familiar with the procedural history.
4. Evidentiary Appendix: The joint brief shall be accompanied by
one separate, tabbed appendix of declarations and written
evidence (including documents, photographs, deposition
excerpts,
etc.). See Local Rule 7-6.
5. Evidentiary Objections
All necessary evidentiary objections shall be made in the
relevant section(s) of the joint brief.
DFO operates a chain of restaurants.
A copy of the Court's order dated Aug. 23, 2023, is available from
PacerMonitor.com at https://bit.ly/46a4rOl at no extra charge.[CC]
DILLARD'S INC: Bridges Files Suit in Cal. Super. Ct.
----------------------------------------------------
A class action lawsuit has been filed against Dillard's, Inc. The
case is styled as Xiomara Bridges, an individual, on behalf of the
State of California as a private attorney general, and on behalf of
all other similarly situated v. Dillard's, Inc., Dillard Store
Services, Inc., Case No. STK-CV-UOE-2023-0009575 (Cal. Super. Ct.,
San Joaquin Cty., Sept. 7, 2023).
The case type is stated as "Unlimited Civil Other Employment."
Dillard's, Inc. -- http://www.dillards.com/-- is an upscale
American department store chain with approximately 282 stores in 29
states and headquartered in Little Rock, Arkansas.[BN]
The Plaintiff is represented by:
Anthony J. Orshansky, Esq.
COUNSELONE, PC
9301 Wilshire Blvd., Ste. 650
Beverly Hills, CA 90210
Phone: 310-277-9945
Fax: 424-277-3727
Email: anthony@counselonegroup.com
DO IT BEST COMMERCE: Castro Files ADA Suit in S.D. New York
-----------------------------------------------------------
A class action lawsuit has been filed against Do it Best Commerce
Company, LLC. The case is styled as Felix Castro, on behalf of
himself and all others similarly situated v. Do it Best Commerce
Company, LLC, Case No. 1:23-cv-07923 (S.D.N.Y., Sept. 7, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Do It Best Commerce Company, LLC -- https://www.doitbest.com/ --
provides construction services offering tools, supplies,
appliances, and more.[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
DOLEX DOLLAR: Court Tosses Garcia's Ex Parte Application
--------------------------------------------------------
In the class action lawsuit captioned as Alma Garcia v. Dolex
Dollar Express, Inc. et al, Case No. 2:23-cv-02013-MEMF-AS (C.D.
Cal.), the Hon. Judge Maame Ewusi-Mensah Frimpong entered an order
denying Garcia's Ex Parte Application.
On August 21, 2023, the Plaintiff Garcia filed an Ex Parte
Application for Continuance of Class Certification Deadlines,
Expert Discovery, and Related Trial Deadlines.
Garcia contends that ex parte relief is necessary because, at the
time of filing her Ex Parte App, there were no hearing dates
available prior to August 25, 2023, which is the current deadline
for Plaintiff to file her motion for class certification.
The Court finds that Garcia has failed to demonstrate, at the very
least, that she is not "without fault" in creating the situation
warranting ex parte relief.
According to her Ex Parte App, there are two issues that foreclose
the possibility of her meeting the deadline to prepare a class
certification motion:
(1) she is still waiting on Dolex Dollar to supplement certain
discovery, and
(2) she has not yet received the class list pending completion
of
the Belaire-West Notice Procedure.
Dolex is a provider of electronic transaction-processing services
intended for the financial services industry.
A copy of the Court's order dated Aug. 24, 2023, is available from
PacerMonitor.com at https://bit.ly/3sTW0Il at no extra charge.[CC]
DORIAN L. WEST: Maverick Leasing Files Suit in E.D. Arkansas
------------------------------------------------------------
A class action lawsuit has been filed against Dorian L. West. The
case is styled as Maverick Leasing LLC, and all others similarly
situated v. Dorian L. West, Case No. 4:23-cv-00836-DPM (E.D. Ark.,
Sept. 7, 2023).
The nature of suit is stated as Other Statutes: Arbitration for
Petition for Order Compelling Arbitration.[BN]
The Plaintiff is represented by:
Graham Caughman Talley, Esq.
MITCHELL, WILLIAMS, SELIG, GATES & WOODYARD PLLC
425 West Capitol Avenue, Suite 1800
Little Rock, AR 72201
Phone: (501) 688-8853
Email: gtalley@mwlaw.com
- and -
Jan Paul Miller, Esq.
THOMPSON COBURN LLP
One U.S. Bank Plaza, Suite 2700
St. Louis, MO 63101
Phone: (314) 552-6000
Fax: (314) 552-7000
Email: jmiller@thompsoncoburn.com
DOT FOODS INC: Stuck Suit Removed to N.D. Illinois
--------------------------------------------------
The case captioned as Max Stuck, individually and on behalf of
similarly situated individuals v. DOT FOODS, INC., was removed from
the Circuit Court of Cook County, Illinois, to the United States
District Court for the Northern District of Illinois on Sept. 8,
2023, and assigned Case No. 1:23-cv-07993.
The Complaint purports to assert a single count against Dot Foods
for "Violation of the Illinois Genetic Information Privacy
Act.[BN]
The Plaintiff is represented by:
David L Gerbie, Esq.
William Kingston, Esq.
Joseph Dunklin, Esq.
MCGUIRE LAW, P.C.
55 W. Wacker Drive, 9th Floor
Chicago, IL 60601
Email: dgerbie@mcgpc.com
wkingston@mcgpc.com
jdunklin@mcgpc.com
The Defendant is represented by:
Brian P. Pezza, Esq.
LEWIS RICE LLC
600 Washington Avenue, Suite 2500
St. Louis, MO 63101
Phone: (314) 444-7656
Facsimile: (314) 612-7656
Email: bpezza@lewisrice.com
DOUG'S DINER: Zuniga FLSA Suit Seeks Conditional Collective Status
------------------------------------------------------------------
In the class action lawsuit captioned as MIGUEL ANGEL ZUNIGA on his
own behalf and on behalf of all others similarly situated, v.
DOUG'S DINER, INC., DOUG'S DAY DINER, LLC, MILO, INC., COCO, INC.,
RICKEY BRUENING, INC., RICKEY BRUENING, and LINDA HERNANDEZ, Case
No. 1:23-cv-02176-STV (D. Colo.), the Court entered an order:
1. Conditionally certifying this case to proceed as a
"collective
action" under 29 U.S.C. section 216(b) and define the
collective
as:
"All hourly employees who worked at any Doug's Diner location
on
or after August 25, 2020, who were not paid overtime premium
wages for overtime hours worked";
2. Approving the Notice and Consent to Join form;
3. Directing the Plaintiff to deliver the Notice and Consent to
Join form in English and Spanish to all potential collective
action members via first-class U.S. Mail;
4. Directing the Defendants to post the Notice and Consent to
Join
form, in English and in Spanish, in conspicuous places in
their
places of business for a period of 60 days;
5. Directing the Defendants to include a copy of the Notice and
Consent to Join form, in English and Spanish, in two
consecutive
pay envelopes of all putative collective action members
currently employed by Defendants;
6. Directing the Defendants to produce the names, addresses and
dates of employment of all potential collective members
within
14 days of the Court's order so that Plaintiff may
disseminate
the Notice and Consent to Join form in a timely fashion; and
7. Directing that the putative collective members shall have 60
days from the date Plaintiff disseminates the Notice in which
to
opt-in to the action.
The Defendants refuse to pay their hourly workers overtime wages.
Pursuant to the Fair Labor Standards Act ("FLSA") at 29 U.S.C.
section 216(b).
Doug's Diner is a company that operates in the Restaurants
industry.
A copy of the Plaintiff's motion dated Aug. 25, 2023 is available
from PacerMonitor.com at https://bit.ly/3ZdWR2H at no extra
charge.[CC]
The Plaintiff is represented by:
Brandt Milstein, Esq.
MILSTEIN TURNER, PLLC
2400 Broadway, Suite B
Boulder, CO 80304
Telephone: (303) 440-8780
E-mail: brandt@milsteinturner.com
EAGLE EYE OUTFITTERS: Mercedes Files ADA Suit in S.D. New York
--------------------------------------------------------------
A class action lawsuit has been filed against Eagle Eye Outfitters,
Inc. The case is styled as Luis Mercedes, on behalf of himself and
all others similarly situated v. Eagle Eye Outfitters, Inc., Case
No. 1:23-cv-07963 (S.D.N.Y., Sept. 8, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Eagle Eye Outfitters -- https://shopeagleeye.com/ -- is a clothing
store located in Dothan, Alabama.[BN]
The Plaintiff is represented by:
PeterPaul Elhamy Shaker, Esq.
STEIN SAKS, PLLC
1 University Plaza, Ste. 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: pshaker@steinsakslegal.com
EDGEWELL PERSONAL: Opposition to Class Cert Bid Extended to Nov. 28
-------------------------------------------------------------------
In the class action lawsuit captioned as KENNETH GLASSMAN,
individually and on behalf of all others similarly situated, v.
EDGEWELL PERSONAL CARE, LLC, Case No. 3:21-cv-07669-RS (N.D. Cal.),
the Hon. Judge Richard Seeborg entered an order granting stipulated
request for order extending class certification deadlines:
Event Current New Dates
Plaintiff's motion for class Aug. 31, 2023 Sept. 14,
2023
certification and disclosure
of expert reports deadline
Plaintiff's experts' discovery Oct. 30, 2023 Nov. 13,
2023
completion deadline
Defendant's opposition to the Nov. 14, 2023 Nov. 28,
2023
motion for class certification
and disclosure of expert
reports deadline
Defendant's experts' Jan. 15, 2024 Jan. 29,
2024
discovery completion deadline
Plaintiff's reply to Defendant's Jan. 29, 2024 Feb. 12,
2024
opposition to class certification
and disclosure of rebuttal expert
reports deadline
Plaintiff's motion for class Feb. 15, 2024 Feb. 29,
2024
certification hearing
Edgewell is an American multinational consumer products company.
A copy of the Court's order dated Aug. 23, 2023, is available from
PacerMonitor.com at https://bit.ly/44Ntwxe at no extra charge.[CC]
The Plaintiff is represented by:
Neal J. Deckant, Esq.
Brittany S. Scott, Esq.
BURSOR & FISHER, P.A.
1990 North California Boulevard, Suite 940
Walnut Creek, CA 94596
Telephone: (925) 300-4455
Facsimile: (925) 407-2700
E-mail: ndeckant@bursor.com
bscott@bursor.com
- and -
Ryan J. Clarkson, Esq.
Shireen M. Clarkson, Esq.
Katherine A. Bruce, Esq.
Kelsey J. Elling, Esq.
CLARKSON LAW FIRM, P.C.
22525 Pacific Coast Highway
Malibu, CA 90265
Telephone: (213) 788-4050
Facsimile: (213) 788-4070
E-mail: rclarkson@clarksonlawfirm.com
sclarkson@clarksonlawfirm.com
kbruce@clarksonlawfirm.com
kelling@clarksonlawfirm.com
The Defendant is represented by:
Thomas H. Davis, Esq.
Megan McCurdy, Esq.
Logan T. Fancher, Esq.
STINSON LLP
1201 Walnut, Suite 2900
Kansas City, MO 64106
Telephone: (816) 691-3439
Facsimile: (816) 412-1100
Email: thomas.davis@stinson.com
megan.mccurdy@stinson.com
logan.fancher@stinson.com
- and -
Danielle K. Lewis, Esq.
HAWKINS PARNELL & YOUNG LLP
33 New Montgomery, Suite 800
San Francisco, CA 94105
Telephone: (415) 766-3200
Facsimile: (415) 766-3250
E-mail: lewis@hpylaw.com
EXXON MOBIL: Court Enters Order on Class Cert. Status in Yoshikawa
------------------------------------------------------------------
In the class action lawsuit captioned as MENDI YOSHIKAWA, et al.,
v. EXXON MOBIL CORPORATION, et al., Case No. 3:21-cv-00194-N (N.D.
Tex.), the Hon. Judge David C. Godbey entered an order requiring
class certification status and scheduling conference.
1. The requirement of Local Rule 23.2 that a motion for class
certification be filed within 90 days of filing of a class
action complaint is suspended in this case pending further
order
of the Court.
2. The parties are directed to confer within 14 days of the date
of
this Order regarding the following matters, and report to the
Court within 14 days after the conference the parties'
position:
3. The parties are directed to hold the conference required by
Rule
26(f) within 14 days of the date of this Order and report to
the
Court as required by that Rule.
ExxonMobil is an American multinational oil and gas corporation.
A copy of the Court's order dated Aug. 24, 2023, is available from
PacerMonitor.com at https://bit.ly/3PxA9PP at no extra charge.[CC]
FEDERATED HERMES: Koroly Sues for Breach of Fiduciary Duties
------------------------------------------------------------
NICHOLAS J. KOROLY, individually and on behalf of all others
similarly situated, and on behalf of the FEDERATED HERMES INC.,
EMPLOYEES PROFIT SHARING/401(K) PLAN, Plaintiff v. FEDERATED HERMES
INC., the ADMINISTRATIVE COMMITTEE and the INVESTMENT COMMITTEE of
the FEDERATED HERMES INC., EMPLOYEES PROFIT SHARING/401(K) PLAN,
and JANE and JOHN DOES 1-20, Defendants, Case No. 2:23-cv-01563-CRE
(W.D. Pa., Aug. 30, 2023) arises from Defendants' history of
self-dealing at the expense of its own workers' retirement savings
and other ongoing fiduciary breaches, which has violated the
Employee Retirement Income Security Act of 1974.
As fiduciaries to a retirement plan with over $600 million in
assets, Defendants have considerable bargaining power in the
marketplace for retirement services, which could and should be
exercised in accordance with Defendants' fiduciary obligation to
procure a diversified slate of suitable investment options at
reasonably competitive rates and defray administrative expenses
associated with administering the Federated Hermes Inc., Employees
Profit Sharing/401(K) Plan. Moreover, because FHI is itself a
retirement investment manager that sells mutual funds and other
proprietary investment products in its ordinary course of business,
it is reasonable to infer that Defendants are in an even better
negotiating position than other similarly situated fiduciaries in
terms of their expertise and knowledge of the market for retirement
plan services. In short, Defendants are uniquely well-positioned to
identify, procure, and offer the best investment options on the
market through the Plan.
Since at least August 28, 2017, and through to the present day,
however, Defendants have continuously failed to do so. Rather than
prudently evaluating and selecting investment options for the
benefit and in the best interest of the Plan's participants,
Defendants have opted for a questionable lineup of underperforming
and overpriced FHI proprietary funds as the only investment
offerings in the Plan's lineup throughout the relevant period, says
the suit.
As a result of Defendants' repeated, continuous, and ongoing
violations the law, Plaintiff has incurred and continues to incur
substantial losses that could and should have been avoided, and for
which Defendants are liable as ERISA fiduciaries.
Federated Hermes, Inc. is a publicly traded investment management
company and Delaware Corporation headquartered in Pittsburgh,
Pennsylvania.[BN]
The Plaintiff is represented by:
Donald A. Broggi, Esq.
Agatha M. Cole, Esq.
SCOTT+SCOTT ATTORNEYS AT LAW LLP
The Helmsley Building
230 Park Avenue, 17th Floor
New York, NY 10169
Telephone: (212) 223-6444
Facsimile: (212) 223-6334
E-mail: dbroggi@scott-scott.com
acole@scott-scott.com
- and -
Garrett W. Wotkyns, Esq.
SCOTT+SCOTT ATTORNEYS AT LAW LLP
8068 East Del Acero Drive
Scottsdale, AZ 85258
Telephone: (480) 889-3514
E-mail: gwotkyns@scott-scott.com
- and -
Daniel J. Carr, Esq.
Jamie L. Falgout, Esq.
PEIFFER WOLF CARR KANE CONWAY & WISE, LLP
1519 Robert C. Blakes Sr. Drive, 1st Floor
New Orleans, LA 70130
Telephone: (504) 523-2434
E-mail: dcarr@peifferwolf.com
jfalgout@peifferwolf.com
FIBROGEN INC: May File Sur-Reply in Opposition to Class Cert Bid
----------------------------------------------------------------
In the class action lawsuit captioned as Xu v. Fibrogen, Inc. et
al., Case No. 3:21-cv-02623-EMC (N.D. Cal.), the Hon. Judge Edward
M. Chen entered an order granting administrative motion for leave
to file sur-reply in opposition to Lead Plaintiffs' motion for
class certification.
The Court finds there to be good cause and compelling reasons to
grant the Motion. Where a party raises a new argument or presents
new evidence in a reply brief the opposing party must be given an
opportunity to respond.
Lead Plaintiffs' Reply in support of their motion for class
certification asserted new arguments regarding the alleged July 15,
2021, corrective disclosure and price impact.
Further, Lead Plaintiffs attached a declaration to their Reply
brief attaching 21 new exhibits as evidence.
FibroGen is a biopharmaceutical company that discovers, and
develops medicines for the treatment of anemia, cancer, and
fibrotic disease.
A copy of the Court's order dated Aug. 24, 2023, is available from
PacerMonitor.com at https://bit.ly/44NaGpW at no extra charge.[CC]
FIRST SOLAR INC: Court Dismisses PGERS Class Suit
-------------------------------------------------
First Solar, Inc. disclosed in its Form 10-Q for the quarterly
period ended June 30, 2023, filed with the Securities and Exchange
Commission on July 27, 2023, that on June 23, 2023, the court
granted the defendants' motion to dismiss with prejudice a January
2022 putative class action lawsuit titled "City of Pontiac General
Employees' Retirement System v. First Solar, Inc., et al.," Case
No. 2:22-cv-00036-MTL, filed in the United States District Court
for the District of Arizona against the company and certain of its
current officers.
On July 14, 2023, the Clerk of Court entered judgment in favor of
the defendants.
The complaint was filed on behalf of a purported class consisting
of all purchasers of First Solar common stock between February 22,
2019 and February 20, 2020, inclusive. The complaint asserts
violations of Sections 10(b) and 20(a) of the Securities Exchange
Act of 1934 and Rule 10b-5 based on allegedly false and misleading
statements related to the company's Series 6 solar modules and its
project development business. It seeks unspecified damages and an
award of costs and expenses.
On April 25, 2022, the Arizona District Court issued an order
appointing the Palm Harbor Special Fire Control & Rescue District
Firefighters' Pension Plan and the Greater Pennsylvania Carpenters'
Pension Fund as Lead Plaintiffs. On June 23, 2022, Lead Plaintiffs
filed an Amended Complaint that brought the same claims and sought
the same relief as the original complaint.
On January 10, 2023, the court granted defendants' motion to
dismiss in full, with leave to amend by February 10, 2023. On
February 10, 2023, Lead Plaintiffs filed a Second Amended Complaint
where defendants filed a motion to dismiss the Second Amended
Complaint on February 24, 2023. Lead Plaintiffs filed their
opposition to the motion to dismiss on March 10, 2023, and Putative
Class Action Defendants filed a reply in support of their motion to
dismiss on March 17, 2023.
First Solar, Inc. is a solar technology company based in Arizona.
GENERAL MOTORS: Awalt Suit Seeks Class Certification
----------------------------------------------------
In the class action lawsuit captioned as ROBERT AWALT, individually
and on behalf of all others similarly situated, v. GENERAL MOTORS
LLC, Case No. 1:21-cv-10111-GAO (D. Mass.), the Plaintiff asks the
Court to enter an order:
1. Granting certification of a class defined as follows:
"All current and former purchasers of a 2011-2014 Chevrolet
Avalanche, 2011-2014 Chevrolet Silverado, 2011-2014 Chevrolet
Suburban, 2011-2014 Chevrolet Tahoe, 2011-2014 GMC Sierra,
2011-
2014 GMC Yukon, and 2011-2014 GMC Yukon XL manufactured on or
after February 10, 2011, that was equipped with a Generation
IV
5.3-liter V8 Vortec 5300 LC9 engine that was purchased or
leased
in the Commonwealth of Massachusetts;"
2. Appointing him as Class Representative; and
3. Appointing DiCello Levitt LLP and Beasley, Allen, Crow,
Methvin,
Portis & Miles, P.C. as Class Counsel.
General Motors engages in the designing, manufacturing, and selling
of cars, trucks and automobile parts.
A copy of the Plaintiff's motion the Defendant's motion
dated Aug. 25, 2023 is available from PacerMonitor.com at
https://bit.ly/3Pd4eD1 at no extra charge.[CC]
The Plaintiff is represented by:
Jason M. Leviton, Esq.
BLOCK & LEVITON LLP
260 Franklin Street, Suite 1860
Boston, MA 02110
Telephone: (617) 398-5600
E-mail: jason@blockleviton.com
- and -
Adam J. Levitt, Esq.
John E. Tangren, Esq.
Daniel R. Ferri, Esq.
Blake Stubbs, Esq.
DICELLO LEVITT LLP
Ten North Dearborn Street, Sixth Floor
Chicago, IL 60602
Telephone: (312) 214-7900
E-mail: alevitt@dicellolevitt.com
jtangren@dicellolevitt.com
dferri@dicellolevitt.com
bstubbs@dicellolevitt.com
- and -
W. Daniel "Dee" Miles III, Esq.
H. Clay Barnett III, Esq.
J. Mitch Williams, Esq.
BEASLEY, ALLEN, CROW, METHVIN,
PORTIS & MILES, P.C.
272 Commerce Street
Montgomery, AL 36104
Telephone: (334) 269-2343
E-mail: Dee.Miles@BeasleyAllen.com
Clay.Barnett@BeasleyAllen.com
Mitch.Williams@BeasleyAllen.com
GOLDMAN SACHS: Must Serve Expert Reports by Dec. 18
---------------------------------------------------
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 a scheduling order as
follows:
-- The deadline for Plaintiff to serve its merits expert reports
is
extended to Monday, October 16, 2023.
-- The deadline for Defendants to serve their expert reports is
extended to Monday, December 18, 2023
-- The deadline for Plaintiff to serve its reply expert reports
is
extended to Monday, February 5, 2024.
-- The deadline for expert discovery is extended to Friday, March
8,
2024.
-- These extensions do not impact the class certification
briefing
schedule previously set by the Court, and the expert reports
relating to that briefing shall be served by the deadlines
established in that text order.
Goldman Sachs is a global investment banking, securities and
investment management firm.
A copy of the Court's order dated Aug. 24, 2023, is available from
PacerMonitor.com at https://bit.ly/3sTgHUO at no extra charge.[CC]
GREAT OUTDOOR SHOP: Gonzalez Files ADA Suit in S.D. New York
------------------------------------------------------------
A class action lawsuit has been filed against Great Outdoor Shop,
LLC. The case is styled as Yanilza Gonzalez, on behalf of herself
and all others similarly situated v. Great Outdoor Shop, LLC, Case
No. 1:23-cv-07932 (S.D.N.Y., Sept. 7, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Great Outdoor Shop -- https://www.greatoutdoorshop.com/ -- offers a
wide selection of outdoor rental equipment.[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
HELLY HANSEN: Mercedes Sues Over Blind-Inaccessible Website
-----------------------------------------------------------
LUIS MERCEDES, on behalf of himself and all others similarly
situated, Plaintiff v. HELLY HANSEN (U.S.), INC., Defendant, Case
No. 1:23-cv-07719 (S.D.N.Y., Aug. 30, 2023) is a civil rights
action against Defendant for its failure to design, construct,
maintain, and operate Defendant's website, www.hellyhansen.com, to
be fully accessible to and independently usable by Plaintiff and
other blind or visually-impaired people in violation of the
Americans with Disabilities Act and the New York City Human Rights
Law.
The Plaintiff is a visually-impaired and legally blind person who
requires screen-reading software to read website content using the
computer. He says that he was injured when he attempted on July 8,
2023 and again on July 19, 2023 to access Defendant's website from
Plaintiff's home in an effort to shop for Defendant's products, but
encountered barriers that denied the full and equal access to
Defendant's online goods, content, and services.
The Plaintiff now seeks a permanent injunction to cause a change in
Defendant's corporate policies, practices, and procedures so that
Defendant's website will become and remain accessible to blind and
visually-impaired consumers.
Helly Hansen (U.S.), Inc. is a manufacturer and retailer of
clothing and sports equipment.[BN]
The Plaintiff is represented by:
PeterPaul Shaker, Esq.
STEIN SAKS, PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601
Telephone: (201) 282-6500
Facsimile: (201) 282-6501
E-mail: pshaker@steinsakslegal.com
HIGHGATE HOTELS: Orozco Suit Removed to C.D. California
-------------------------------------------------------
The case captioned as Jesus Orozco, an individual and on behalf of
all others similarly situated v. HIGHGATE HOTELS, L.P., a Delaware
limited partnership, doing business as "The Westin Long Beach"; HCI
333 EAST OCEAN OWNER LP, a Delaware limited partnership; HCI 333
EAST OCEAN OWNER GP LLC, Delaware limited liability company; and
DOES 1 through 100, inclusive, Case No. 22STCV17104 was removed
from the Superior Court for the State of California, County of Los
Angeles, to the United States District Court for the Central
District of California on Sept. 8, 2023, and assigned Case No.
2:23-cv-07485.
The Plaintiff's Superior Court Action alleges causes of actions
for: failure to pay overtime wages; failure to pay minimum wages;
failure to provide meal periods; failure to provide rest periods;
waiting time penalties; wage statement violations; failure to
timely pay wages; failure to indemnify; and failure to pay interest
on deposits; violation of Labor Code; and unfair competition.[BN]
The Defendant is represented by:
David Fishman, Esq.
Jessica A Gomez, Esq.
BALLARD ROSENBERG GOLPER & SAVITT, LLP
15760 Ventura Boulevard, Eighteenth Floor
Encino, CA 91436
Phone: (818) 508-3700
Facsimile: (818) 506-4827
Email: dfishman@brgslaw.com
jgomez@brgslaw.com
HOME DEPOT: Must Respond to Collins Class Cert Bid by Sept. 20
--------------------------------------------------------------
In the class action lawsuit captioned as JEREMY COLLINS,
individually and on behalf of all members of the public similarly
situated, v. HOME DEPOT U.S.A., INC., a Delaware corporation, Case
No. 8:22-cv-00847-CJC-DFM (C.D. Cal.), the Hon. Judge Cormac Carney
entered an order as follows:
-- Home Depot's response to the Plaintiff's motion for class
certification is due on or before Sept. 20, 2023.
-- The Plaintiff's reply in support of his motion for class
certification is due on or before Oct. 20, 2023.
-- Hearing on the Plaintiff's motion for class certification is
set
for Nov. 6, 2023.
Home Depot is an American multinational home improvement retail
corporation.
A copy of the Court's order dated Aug. 24, 2023, is available from
PacerMonitor.com at https://bit.ly/3Rh8EeO at no extra
charge.[CC]
HOME POINT: Seeks Leave to File Supplemental Authority
------------------------------------------------------
In the class action lawsuit captioned as SANDRA MOYER, RICHARD
MARTIN, TERRY PATTERSON, JR., and YVONNE MATHEWS, v. HOME POINT
FINANCIAL CORPORATION f/k/a MAVERICK FUNDING CORPORATION, Case No.
1:20-cv-03449-RDB (D. Md.), the Defendant moves the Court for leave
to file supplemental authority in support of its opposition to
Plaintiffs' motion for class certification.
Cooper requests leave to file the memorandum opinion issued by
Judge Stephanie Gallagher on August 18, 2023, in the matter of
Edmondson v. Eagle National Bank, Case No. SAG-16-3938 ("Order").
The Edmondson case is one of a number of class action lawsuits
filed by the same counsel representing Plaintiffs in this case,
which allege that certain lenders violated the Real Estate
Settlement Procedures Act ("RESPA") by allegedly participating in
kickback schemes with Genuine Title, LLC.
The Plaintiffs have cited prior orders in Edmondson in seeking
certification of their putative class in this case, which asserts
that Mr. Cooper or its predecessor entered into a kickback scheme
with another title company, All Star Title, Inc.
The Plaintiffs seek to certify a putative class involving hundreds
of loans, which were opened by over 100 different employees,
located across 26 different jurisdictions.
The Plaintiffs have not presented any evidence tying any Mr. Cooper
employee to a kickback scheme.
Home Point offers reverse mortgages, conventional loans, and
refinancing services.
A copy of the Defendant's motion dated Aug. 24, 2023, is available
from PacerMonitor.com at https://bit.ly/3PIaYKR at no extra
charge.[CC]
The Defendant is represented by:
Holly Spencer Bunting, Esq.
Katherine E. Monks, Esq.
Thomas V. Panoff, Esq.
Christopher S. Comstock, Esq.
William J. McElhaney III, Esq.
MAYER BROWN LLP
1999 K Street, NW
Washington, DC 20006
Telephone: (202) 263-3000
Facsimile: (202) 263-3300
E-mail: hbunting@mayerbrown.com
kmonks@mayerbrown.com
tpanoff@mayerbrown.com
ccomstock@mayerbrown.com
wmcelhaney@mayerbrown.com
HONEST COMPANY: Consolidated Securities Suit Ongoing in California
------------------------------------------------------------------
The Honest Company, Inc. disclosed in its Form 10-Q for the
quarterly period ended June 30, 2023, filed with the Securities and
Exchange Commission on August 8, 2023, that it is facing a
consolidated class action complaint filed on February 21, 2022.
On September 15, 2021, Cody Dixon filed a putative class action
complaint in the U.S. District Court for the Central District of
California alleging federal securities law violations by the
Company, certain current officers and directors, and certain
underwriters in connection with the company's IPO.
This and other related complaints have been transferred to the same
court and a Lead Plaintiff has been appointed in the matter, and a
putative consolidated class action complaint was filed by the Lead
Plaintiff on February 21, 2022.
The Honest Company, Inc. is a digitally-native consumer products
company with products spanning baby care, beauty, personal care,
wellness and household care, selling its products through digital
and retail sales channels in the following product categories
namely diapers and wipes, skin and personal care, and household and
wellness.
INMAR INC: MDI Class Certification Bid Partly OK'd
--------------------------------------------------
In the class action lawsuit captioned as MR. DEE'S INC., RETAIL
MARKETING SERVICES, INC., on behalf of themselves and all others
similarly situated, and CONNECTICUT FOOD ASSOCIATION, v. INMAR,
INC., CAROLINA MANUFACTURER'S SERVICES, INC., CAROLINA SERVICES,
and CAROLINA COUPON CLEARING, INC., Case No. 1:19-cv-00141-WO-LPA
(M.D.N.C.), the Hon. Judge Osteen, Jr. entered an order:
-- Granting in part and denying in part the Plaintiffs' motion
for
class certification;
-- Granting the Plaintiff's motion as to the All Payer Retail
Class
and as to Plaintiffs' request to appoint class counsel and
denying the Plaintiffs' motion otherwise; and
-- Certifying a class of "retailers and retail associations that
were CCC customers and directly paid shipping fee chargebacks
to
CCC during the class period (April 11, 2001 through March 28,
2007)."
-- Appointing Kotchen & Low LLP and Brooks, Pierce,
McLendon, Humphrey & Leonard as class counsel.
The court finds that Plaintiffs have failed to proffer a
manufacturer class that complies with the requirements of Rule 23.
The Limited Payer Classes are not ascertainable because their scope
is not defined by the Defendants’ allegedly conspiratorial
activities.
The All Payer Manufacturer Class fails the predominance requirement
because one-third of the class is uninjured. However, the All Payer
Retailer Class may be certified because it only contains a de
minimis number of uninjured members and satisfies the other
requirements of Rule 23.
The Defendants raise two objections to appointing Plaintiffs'
counsel. First, they claim that because Plaintiffs proposed the
Limited Payer Class Definitions, which exclude a considerable
number of class members, the Plaintiffs' counsel should not be
certified.
Inmar develops technology and data analytics services.
A copy of the Court's order dated Aug. 23, 2023, is available from
PacerMonitor.com at https://bit.ly/3sNzwZF at no extra charge.[CC]
INTELLIGRATED SERVICES: Blackmon Suit Removed to C.D. California
----------------------------------------------------------------
The case captioned as Thomas Henry Blackmon, individually and on
behalf of all others similarly situated v. INTELLIGRATED SERVICES,
LLC, a corporation; and DOES 1-100, inclusive, Case No. 23CMCV01202
was removed from the Superior Court of the State of California,
County of Los Angeles, to the United States District Court for the
Central District of California on Sept. 8, 2023, and assigned Case
No. 2:23-cv-07481.
On August 1, 2023, Plaintiff filed an unverified civil complaint
against Intelligrated which sets forth twelve causes of action
Religious Discrimination; Retaliation; Failure to Accommodate;
Failure to Take All Reasonable Steps Necessary to Prevent
Discrimination from Occurring; Intentional Infliction of Emotional
Distress; Failure to Pay for All Hours Worked; Failure to Pay All
Overtime Owed; Failure to Reimburse Work-Related Expenses; Wage
Statement Penalties; Waiting Time Penalties; Violation of Unfair
Competition Law; and (xii) Private Attorneys General Act.[BN]
The Defendant is represented by:
Andrew J Weissler, Esq.
HUSCH BLACKWELL LLP
8001 Forsyth Blvd., Suite 1500
St. Louis, MO 63105
Phone: (314) 480-1500
Facsimile: (314) 480-1505
Email: aj.weissler@huschblackwell.com
- and -
Zain Zubair, Esq.
HUSCH BLACKWELL LLP
355 South Grand Avenue, Suite 2850
Los Angeles, CA 90071
Phone: (213) 337-6550
Facsimile: (213) 337-6551
Email: zain.zubair@huschblackwell.com
JAMES RIVER GROUP: FWERF Shareholder Suit Ongoing
-------------------------------------------------
James River Group Holdings, Ltd. disclosed in its Form 10-Q for the
quarterly period ended June 30, 2023, filed with the Securities and
Exchange Commission on August 8, 2023, that a purported class
action lawsuit was filed in the U.S. District Court, Eastern
District of Virginia by the Employees' Retirement Fund of the City
of Fort Worth on July 9, 2021 against James River Group Holdings,
Ltd. and certain of its present and former officers is currently
ongoing.
On September 22, 2021, the court entered an order appointing
Employees' Retirement Fund of the City of Fort Worth and the City
of Miami General Employees' and Sanitation Employees' Retirement
Trust as co-lead plaintiffs. Plaintiffs' consolidated amended
complaint was filed on November 19, 2021. The Defendants filed a
motion to dismiss the First Amended Complaint on January 18, 2022,
plaintiffs' opposition thereto was filed on March 4, 2022, and the
defendants' reply to the plaintiffs' opposition was filed on April
4, 2022.
On August 25, 2022, plaintiffs filed a motion for leave to file a
second amended class action complaint. On September 8, 2022, the
defendants consented to the plaintiffs' motion to file the Second
Amended Complaint, and filed a motion to dismiss the Second Amended
Complaint on October 24, 2022. The plaintiffs' opposition to it was
filed on November 7, 2022, and the defendant's reply to the
opposition was filed on November 14, 2022.
The First Amended Complaint and Second Amended Complaint assert
claims under Sections 10(b) and 20(a) of the Securities Exchange
Act of 1934 on behalf of a putative class of persons and entities
that purchased the company's stock between February 22, 2019 and
October 25, 2021, and allege that Defendants failed to make
appropriate disclosures concerning the adequacy of reserves for
policies that covered Rasier LLC, a subsidiary of Uber
Technologies, Inc., and seek unspecified damages, costs, attorneys'
fees and such other relief as the court may deem proper.
James River Group Holdings, Ltd. is an exempted holding company
registered in Bermuda, organized for the purpose of acquiring and
managing insurance and reinsurance entities. It owns five insurance
companies based in the United States focused on specialty insurance
niches and a Bermuda-based reinsurance company.
JEFF SANDY: Seeks to Strike Class Cert Exhibits in Rose Suit
------------------------------------------------------------
In the class action lawsuit captioned as MICHAEL D. ROSE et al., v.
JEFF SANDY, et al., Case No. 5:22-cv-00405 (S.D.W. Va.), the
Defendants file motion to strike exhibits attached to the
Plaintiffs' motion for class certification:
On August 9, 2023, the Plaintiffs filed their motion for class
certification. The Plaintiffs attached numerous exhibits to the
Motion for Class Certification. In particular, Plaintiffs attached
the following affidavits:
a. Exhibit 22 -- Affidavit of Dustin Shorter signed on June 28,
2023.
b. Exhibit 23 -- Affidavit of Jonathan Moore signed on June 28,
2023.
c. Exhibit 25 -- Affidavit of Tonya Smith-Dunnigan signed on
June
28, 2023.
d. Exhibit 28 -- Affidavit of Heather Ward signed on March 24,
2023.
Prior to this, on April 24, 2023, Plaintiffs served the Defendants
with their Rule 26(a)(1) disclosures.
On August 1, 2023, the date that discovery closed for class
certification purposes, Plaintiffs served Defendants with a
supplemental Rule 26(a)(1) Disclosure.
A copy of the Defendants' motion dated Aug. 23, 2023, is available
from PacerMonitor.com at https://bit.ly/3ReaInO at no extra
charge.[CC]
The Attorneys for Primecare Medical of West Virginia, Inc., are:
D. C. Offutt, Jr., Esq.
Anne Liles O'Hare, Esq.
OFFUTT SIMMONS SIMONTON, PLLC
949 Third Avenue, Suite 300
P.O. Box 2868
Huntington, WV 25701
The Attorneys for Wyoming County Commission are:
Wendy E. Greve, Esq.
Benjamin B. Vanston, Esq.
Pullin, Fowler, Flanagan, Brown & Poe, PLLC
901 Quarrier Street
Charleston, WV 25301
The Attorneys for Michael Francis are:
Chip E. Williams, Esq.
Jared C. Underwood, Esq.
Pullin, Fowler, Flanagan, Brown & Poe, PLLC
252 George St.
Beckley, WV 25801
The Attorneys for John/Jane Doe Employees of The Raleigh County
Commission, The Raleigh County Commission are:
J. Victor Flanagan, Esq.
Daniel J. Burns, Esq.
Pullin, Fowler, Flanagan, Borwn & Poe, PLLC
252 George Street
Beckley, WV 25801
The Attorneys for Fayette County Commission are:
Charles R. Bailey
Harrison M. Cyrus
Bailey & Wyant, PLLC PO Box 3710
Charleston, WV 25337-3710
The Attorneys for Larry Warden are:
John P. Fuller, Esq.
Bailey & Wyant PLLC
P.O. Box 3710
Charleston, WV 25337
The Attorneys for the Plaintiffs are:
Robert P. Dunlap, Esq.
Dunlap & Associates, PLLC
208 Main Street
Beckley, WV 25801
- and -
Stephen P. New, Esq.
Russell A. Williams, Esq.
New, Taylor & Associates
430 Harper Park Drive
PO Box 5516
Beckley, WV 25801
- and -
Timothy P. Lupardus, Esq.
Lupardus Law Office
275 Bearhole Road
PO Box 1680
Pineville, WV 24874
The Attorneys for WEXFORD HEALTH SOURCES, INC., LARRY WARDEN, and
FAYETTE COUNTY COMMISSION, are:
Jordan K. Herrick, Esq.
David E. Schumacher, Esq.
John P. Fuller, Esq.
Charles R. Bailey, Esq.
Harrison M. Cyrus, Esq.
BAILEY & WYANT, PLLC
500 Virginia Street, East, Suite 600
Charleston, WV 25337-3710
Telephone: (304) 345-4222
Facsimile: (304) 343-3133
E-mail: jherrick@baileywyant.com
dschumacher@baileywyant.com
jfuller@baileywyant.com
cbailey@baileywyant.com
hcyrus@baileywyant.com
The Attorneys for PRIMECARE MEDICAL OF WEST VIRGINIA, INC., are:
Anne Liles O'Hare, Esq.
D. C. Offutt, Jr., Esq.
OFFUTT SIMMONS SIMONTON, PLLC
949 Third Avenue, Suite 300
Huntington, WV 25701
Telephone: (304) 529-2868
Facsimile: (304) 529-2999
E-mail: dcoffuttjr@offutlegal.com
alohare@offutlegal.com
The Attorneys for MICHAEL FRANCIS, RALEIGH COUNTY COMMISSION,
WYOMING COUNTY COMMISSION, are:
Chip E. Williams, Esq.
Jared C. Underwood, Esq.
J. Victor Flanagan, Esq.
Daniel J. Burns, Esq.
Wendy E. Greve, Esq.
Benjamin B. Vanston, Esq.
PULLIN, FOWLER, FLANAGAN, BROWN & POE, PLLC
252 George Street
Beckley, WV 25801
Telephone: (304) 254-9300
Facsimile: (304) 255-5519
E-mail: cwilliams@pffwv.com
junderwood@pffwv.com
vflanagan@pffwv.com
dburns@pffwv.com
wgreve@pffwv.com
bvanston@pffwv.com
The Attorneys for JEFF SANDY, BETSY JIVIDEN, BRAD DOUGLAS, and
WILLIAM K. MARSHALL, III, are:
William E. Murray, Esq.
Jaden P. Rhea, Esq.
ANSPACH MEEKS ELLENBERGER, LLP
500 Virginia Street East, Suite 525
Charleston, WV 25301
Telephone: (304) 205-8063
Facsimile: (304) 2505-8062
E-mail: wmurray@anspachlaw.com
jrhea@anspachlaw.com
- and -
Michael D. Mullins, Esq.
Christopher S. Etheredge, Esq.
STEPTOE & JOHNSON PLLC
Chase Tower, 17th Floor
Charleston, WV 25326-1588
Telephone: (304) 353-8000
Facsimile: (304) 933-8704
E-mail: Michael.Mullins@steptoe-johnson.com
Christopher.Etheredge@steptoe-johnson.com
KATINA JOINER: Court Directs Filing of Discovery Plan in Murphy
---------------------------------------------------------------
In the class action lawsuit captioned as Murphy v. Katina L.
Joiner, et al., Case No. 1:22-cv-01266-JBM-JEH (C.D. Ill.), the
Hon. Judge Jonathan E. Hawley entered a standing order as follows:
-- Rule 16 scheduling conference
The Court will set a Rule 16 scheduling conference
approximately
30 days after the answer or other responsive pleading is
filed.
The conference will generally be conducted by telephone.
-- Discovery plan
The discovery plan shall be filed with the Court at least
three
calendar days before the Rule 16 scheduling conference.
-- Waiver of the Rule 16 scheduling conference
If the parties agree on all matters contained in the
discovery
plan, then the parties may waive the Rule 16 scheduling
conference. To do so, the parties shall indicate in the
discovery that the parties agree upon all maters contained
within the discovery plan, and they request that the Rule 16
scheduling conference be cancelled.
-- Failure of counsel to attend a scheduled telephone hearing
For the convenience of counsel, the Court conducts most
hearings
by telephone when possible. Counsel's failure to appear for a
telephone hearing will be treated as a failure of counsel to
appear for an in-person hearing.
-- Discovery disputes brought to the Court's attention after the
discovery deadline has already passed
The parties may not raise a discovery dispute with the Court
after the relevant discovery deadline has passed; all
discovery
disputes must be brought to the Court's attention before the
relevant discovery deadline passes. Any discovery disputes
raised with the Court after the expiration of the relevant
discovery deadline shall be deemed waived by the Court, even
if
the parties agreed to conduct discovery after the relevant
discovery deadline has passed. If the parties agree to
conduct
discovery after the expiration of a deadline set by the
Court,
they must still file a motion requesting that the Court move
that deadline as agreed by the parties in order to avoid any
subsequent discovery disputes being deemed waived.
-- Settlement conferences and mediation
The parties are encouraged to seek a settlement conference or
mediation with a magistrate judge. Where parties request a
settlement conference or mediation in a case referred to
Judge
Hawley, Judge Hawley will conduct said conference or
mediation.
A copy of the Court's order dated Aug. 24, 2023, is available from
PacerMonitor.com at https://bit.ly/3r7aZ1k at no extra charge.[CC]
KATMAI TECHNICAL: Guzman Suit Removed to S.D. California
--------------------------------------------------------
The case captioned as Charles Guzman, individually and on behalf of
all others similarly situated v. KATMAI TECHNICAL SERVICES, LLC;
and DOES 1 through 20, inclusive, Case No.
37-2023-00033399-CU-OE-CTL was removed from the Superior Court of
the State of California, County of San Diego, to the United States
District Court for the Southern District of California on Sept. 8,
2023, and assigned Case No. 3:23-cv-01671-RSH-DDL.
The Plaintiff's Complaint alleges nine claims for relief on behalf
of himself and a purported class of similarly situated individuals:
failure to pay minimum wages; failure to pay overtime wages;
failure to permit rest breaks; failure to provide meal periods;
failure to timely pay wages during employment; failure to pay all
wages due upon separation of employment; failure to provide
accurate itemized wage statements; failure to reimburse business
expenses; and violation of Business and Professions Code.[BN]
The Defendant is represented by:
Roland Juarez, Esq.
D. Andrew Quigley, Esq.
Veronica A. Torrejon, Esq.
HUNTON ANDREWS KURTH LLP
550 South Hope Street, Suite 2000
Los Angeles, CA 90071-2627
Phone: 213-532-2000
Facsimile: 213-532-2020
Email: rjuarez@HuntonAK.com
aquigley@HuntonAK.com
vtorrejon@HuntonAK.com
KISS NUTRACEUTICALS: Seeks More Time to File Class Cert. Response
-----------------------------------------------------------------
In the class action lawsuit captioned as MELISSA GAMBOA on her own
behalf And on behalf of all others similarly situated, v. KISS
NUTRACEUTICALS, KISS INDUSTRIES, LLC, COLE EVANS and GRANT DEAN,
Case No. 1:22-cv-01141-WJM-SKC (D. Colo.), the Defendants ask the
Court to enter an order granting their motion for extension of time
to file response to the Plaintiff's motion for class
certification.
-- The Plaintiff filed her Motion for Class Certification on Aug.
4,
2023.
-- The Defendants' brief in response to Plaintiff's Motion for
Class
Certification is due on August 25, 2023.
-- The Defendants request a three-week extension of time up to
and
including September 15, 2023, to file their response to
Plaintiff's Motion for Class Certification.
Kiss is a manufacturer of health and wellness products.
A copy of the Defendants' motion dated Aug. 24, 2023, is available
from PacerMonitor.com at https://bit.ly/3PyEWAG at no extra
charge.[CC]
The Plaintiff is represented by:
Brandt Milstein, Esq.
MILSTEIN TURNER, PLLC
2400 Broadway, Suite B
Boulder, CO 80304
Telephone: (303) 440-8780
The Defendants are represented by:
Brenna Wolcott, Esq.
Amanda Colvin, Esq.
BRYAN CAVE LEIGHTON PAISNER LLP
211 N Broadway Ste 3600
St. Louis, MO 63102
Telephone: (314) 259-2000
E-mail: amanda.colvin@bclplaw.com
brenna.wolcott@bclplaw.com
KOALA PET HEALTH: Bunting Sues Over Blind-Inaccessible Website
--------------------------------------------------------------
Rasheta Bunting, individually and as the representative of a class
of similarly situated persons v. KOALA PET HEALTH SERVICES LLC,
Case No. 526116/2023 (E.D.N.Y., Sept. 8, 2023), is brought against
the Defendant for their failure to design, construct, maintain, and
operate their website to be fully accessible to and independently
usable by Plaintiff and other blind or visually-impaired persons.
The Defendant is denying blind and visually-impaired persons
throughout the United States with equal access to the goods and
services Koala provides to their non-disabled customers through
www.koala.health (hereinafter "koala.health" or "the website"). The
Defendant's denial of full and equal access to its website, and
therefore denial of its products and services offered, and in
conjunction with its physical locations, is a violation of
Plaintiff's rights under the following: the New York State Human
Rights Law ("NYSHRL"), the New York State Civil Rights Law
("NYSCRL"), and the New York City Human Rights Law ("NYCHRL"), says
the complaint.
The Plaintiff is a visually-impaired and legally blind person who
requires screen reading software to read website content using her
computer.
Koala.health provides to the public a wide array of the goods,
services, price specials, employment opportunities and other
programs.[BN]
The Plaintiff is represented by:
Dan Shaked, Esq.
SHAKED LAW GROUP, P.C.
44 Court Street, Suite 1217
Brooklyn, NY 11201
Phone: (917) 373-9128
Email: ShakedLawGroup@gmail.com
KOHL'S INC: Perez Suit Removed to C.D. California
-------------------------------------------------
The case captioned as Rosa Perez, on behalf of herself and all
others similarly situated v. KOHL'S, INC., a Delaware corporation;
and DOES 1 through 100, Inclusive, Case No. CIVSB2225329 was
removed from the Superior Court of the State of California, County
of San Bernardino, to the United States District Court for the
Central District of California on Sept. 7, 2023, and assigned Case
No. 5:23-cv-01827.
The action is one that may be removed to this Court pursuant to the
provisions because it presents a federal question under the Fair
Labor Standards Act ("FLSA"), as the Plaintiff brings an action
alleging that Defendant failed to pay minimum wages and overtime in
violation of sections 206 and 207 of the FLSA.[BN]
The Defendant is represented by:
Sophia B. Collins, Esq.
LITTLER MENDELSON, P.C.
1255 Treat Blvd., Suite 600
Walnut Creek, CA 94597
Phone: 925.932.2468
Fax: 925.946.9809
Email: scollins@littler.com
- and -
Anthony G. Ly, Esq.
LITTLER MENDELSON, P.C.
2049 Century Park East, 5th Floor
Los Angeles, CA 90067
Phone: 310.553.0308
Fax: 310.553.5583
Email: aly@littler.com
- and -
Harman S. Deol, Esq.
LITTLER MENDELSON, P.C.
333 Bush Street, 34th Floor
San Francisco, CA 94104
Phone: 415.433.1940
Fax: 415.399.8490
Email: hdeol@littler.com
LINCOLN BENEFIT: Class Cert Status Conference Set for Sept. 21
--------------------------------------------------------------
In the class action lawsuit captioned as Deana Farley, v. Lincoln
Benefit Life Company, Case No. 2:20-cv-02485-KJM-DB (E.D. Cal.),
the Hon. Judge entered an order denying both the Defendant's motion
to rescind and motion to stay.
-- A status conference is set for September 21, 2023, at 2:30
p.m.
-- The parties shall meet and confer and file a joint status
report with a proposed schedule for the case moving forward no
later than 14 days before the status conference.
-- Specifically, defendant has not shown a strong likelihood of
success on the merits and the other factors do not strongly
weigh
in favor of a stay.
The case involves the termination of a life insurance policy. The
court has discussed the background of this case in its prior order
and incorporates that discussion by reference here.
On April 18, 2023, the court granted plaintiff Deana Farley's
motion for class certification under Federal Rule of Civil
Procedure Rule 23(b)(2) and denied her motion for class
certification under Rule 23(b)(3).
The court defined the approved class as follows:
"All owners, or beneficiaries upon a death of the insured, of
Defendant’s individual life insurance policies issued in
California
before 2013 that Defendant lapsed or terminated for the
non-payment
of premium in or after 2013 without first providing all the
notices, grace periods, and offers of designation required by
Insurance Code Sections 10113.71 and 10113.72.
Lincoln provides life insurance and annuity solutions.
A copy of the Court's order dated Aug. 24, 2023, is available from
PacerMonitor.com at https://bit.ly/3r4P2Qv at no extra charge.[CC]
LINGUA FRANCA: Batter Sues Over Unpaid Proper Compensations
-----------------------------------------------------------
Jennifer Batter, individually and on behalf of all other Aggrieved
Employees v. LINGUA FRANCA, LLC, a California Limited Liability
Company, APPRECIATE YOU RESTAURANT GROUP, LLC, a California Limited
Liability Company, and DOES 1 through 50, inclusive, Case No.
23STCV21501 (Cal. Super. Ct., Los Angeles Cty., Sept. 7, 2023), is
brought pursuant to the California Labor Code Private Attorneys
General Act of 2004 as a result of the Defendants failure to pay
the Plaintiff proper compensations.
The Defendants failed to provide employment records in violation of
Labor Code; failed to pay overtime and double time in violation of
Labor Code and the applicable Wage Orders; failed to provide rest
and meal periods in violation of Labor Code and the applicable Wage
Orders; failed to pay minimum wage in violation of Labor Code and
the applicable Wage Orders; failed to keep accurate payroll records
and provide itemized wage statements in violation of Labor Code,
and the applicable Wage Orders; failed to pay reporting time wages
in violation of California Code of Regulations Title 8; failed to
pay split shift wages in violation of California Code of
Regulations; failed to pay all wages earned on time in violation of
Labor Code; failed to pay all wages earned 5 upon discharge or
resignation in violation of Labor Code; failed to reimburse
necessary, business related expenses in violation of Labor Code;
failed to provide notice of paid sick time and accrual in violation
of Labor Code; employers, and individuals acting on behalf of
employers, violating or causing to be violated a section of the
Labor Code or any Wage Order in violation of Labor Code, says the
complaint.
The Plaintiff was hired by the Defendants with the job title of
Bartender and Server on January 23, 2023.
The Defendants operates as a restaurant group in Los Angeles,
California.[BN]
The Plaintiff is represented by:
Haig B. Kazandjian, Esq.
Melissa Robinson, Esq.
HAIG B. KAZANDJIAN LAWYERS, APC
801 North Brand Boulevard, Suite 970
Glendale, CA 91203
Phone: 1-818-696-2306
Facsimile: 1-818-696-2307
Email: haig@hbklawyers.com
melissa@hbklawyers.com
LUNA CARE INC: Mallh Files TCPA Suit in E.D. New York
-----------------------------------------------------
A class action lawsuit has been filed against Luna Care, Inc. The
case is styled as Victor Mallh, on behalf of himself and all others
similarly situated v. Luna Care, Inc., Case No. 1:23-cv-06676
(E.D.N.Y., Sept. 7, 2023).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Luna -- https://www.getluna.com/ -- is an on-demand physical
therapy provider.[BN]
The Plaintiff is represented by:
Sergei Lemberg, Esq.
LEMBERG LAW LLC
43 Danbury Rd
Wilton, CT 06897
Phone: (203) 653-2250
Fax: (203) 653-3424
Email: slemberg@lemberglaw.com
MAYFIELD CITY SCHOOLS: Lorimer Sues Over Unpaid Wages, Retaliation
------------------------------------------------------------------
CARRIE LORIMER, on behalf of herself and all others
similarly-situated, Plaintiff v. MAYFIELD CITY SCHOOLS, MARC
ENGOGLIA, and STEVE NEDLIK, Defendants, Case No. 1:23-cv-01695
(N.D. Ohio, Aug. 29, 2023) is a class action against the Defendants
for Plaintiff's unpaid minimum wages under the Fair Labor Standards
Act and the Ohio Prompt Pay Act and for unlawful retaliation in
violation of the FLSA and the Ohio Minimum Fair Standard Wage Act.
Plaintiff Lorimer was hired by MCS on June 12, 2023 to work as a
bus driver. Shortly after Lorimer began her employment, MCS
required her to complete several online training modules that were
estimated to take 40-50 hours to complete. As a matter of MCS
policy, MCS does not pay any wages to bus drivers for completing
the training. On June 26, 2023, Lorimer received an email from
Engolia terminating her employment in retaliation for protected
complaints about MCS' failure to pay wages.
Mayfield City Schools is a public school district headquartered in
Mayfield, Ohio.[BN]
The Plaintiff is represented by:
Chris Wido, Esq.
SPITZ, THE EMPLOYEE'S ATTORNEY
25825 Science Park Drive, Suite 200
Beachwood, OH 44122
Telephone: (216) 291-4744
Facsimile: (216) 291-5744
E-mail: Chris.Wido@Spitzlawfirm.com
META PLATFORMS: Davis Files Suit Over Illegal Tracking Code
-----------------------------------------------------------
MATTHEW DAVIS, individually and on behalf of all others similarly
situated, Plaintiff v. META PLATFORMS, INC., Defendant, Case No.
2:23-cv-01352 (D. Nev., Aug. 30, 2023) is a class action brought
against Defendant for surreptitiously tracking Nevadan drivers' new
car registrations, identification card renewals, drivers' license
examination appointments, and other activity on the Nevada State
Department of Motor Vehicles website, down to the very last button
click in violation of the federal Drivers Privacy Protection Act.
According to the complaint, Meta uses this information to help it
deliver targeted advertisements across its social networks,
including facebook.com, among others. The Defendant violated the
laws because it never asked Nevadan drivers for their express
written consent to obtain or use this highly sensitive information
for advertising. Specifically, when users visit facebook.com, Meta
surreptitiously installs a tracking code, called the Meta Tracking
Pixel, onto their web browsers. This tracking code typically stays
on Facebook users' browsers for 90 days and allows Meta to collect
information about what those users do when they are off the site,
says the suit.
Plaintiff Davis has visited https://dmv.nv.gov/ on multiple
occasions to complete various kinds of online business within the
last four years.
Meta Platforms, Inc. doing business as Meta, and formerly named
Facebook, Inc., and The Facebook, Inc., is an American
multinational technology conglomerate based in Menlo Park,
California.[BN]
The Plaintiff is represented by:
Don Springmeyer, Esq.
KEMP JONES, LLP
3800 Howard Hughes Parkway, 17th Floor
Las Vegas, NV 89169
Telephone: (702) 385-6000
E-mail: d.springmeyer@kempjones.com
- and -
Neal J. Deckant, Esq.
Stefan Bogdanovich, Esq.
BURSOR & FISHER, P.A.
1990 North California Blvd., Suite 940
Walnut Creek, CA 94596
Telephone: (925) 300-4455
Facsimile: (925) 407-2700
E-mail: ndeckant@bursor.com
sbogdanovich@bursor.com
META PLATFORMS: Knight Files Suit Over Illegal Tracking Code
------------------------------------------------------------
KACY KNIGHT, on behalf of himself and all others similarly
situated, Plaintiff v. META PLATFORMS, INC., Defendant, Case No.
2:23-cv-13347 (D. Nev., Aug. 30, 2023) is a class action brought
against Defendant for surreptitiously tracking Nevadan drivers' new
car registrations, identification card renewals, drivers' license
examination appointments, and other activity on the New Jersey
Motor Vehicle Commission website, down to the very last button
click in violation of the federal Drivers Privacy Protection Act.
According to the complaint, Meta uses this information to help it
deliver targeted advertisements across its social networks,
including facebook.com, among others. The Defendant violated the
laws because it never asked New Jersey drivers for their express
written consent to obtain or use this highly sensitive information
for advertising. Specifically, when users visit facebook.com, Meta
surreptitiously installs a tracking code, called the Meta Tracking
Pixel, onto their web browsers. This tracking code typically stays
on Facebook users' browsers for 90 days and allows Meta to collect
information about what those users do when they are off the site,
says the suit.
Plaintiff Knight has visited https://www.state.nj.us/mvc/ on
multiple occasions to complete various kinds of online business
within the last four years.
Meta Platforms, Inc. doing business as Meta, and formerly named
Facebook, Inc., and The Facebook, Inc., is an American
multinational technology conglomerate based in Menlo Park,
California.[BN]
The Plaintiff is represented by:
Philip L. Fraietta, Esq.
BURSOR & FISHER, P.A.
1330 Avenue of the Americas
New York, NY 10019
Telephone: (646) 837-7142
E-mail: pfraietta@bursor.com
- and -
Neal J. Deckant, Esq.
Stefan Bogdanovich, Esq.
BURSOR & FISHER, P.A.
1990 North California Blvd., Suite 940
Walnut Creek, CA 94596
Telephone: (925) 300-4455
Facsimile: (925) 407-2700
E-mail: ndeckant@bursor.com
sbogdanovich@bursor.com
META PLATFORMS: Settles Suit Over Data Sharing
-----------------------------------------------
Meta Platforms, Inc. disclosed in its Form 10-Q for the quarterly
period ended June 30, 2023, filed with the Securities and Exchange
Commission on July 27, 2023, that on December 22, 2022, the parties
in multiple putative class actions filed in state and federal
courts entered into a settlement agreement to resolve the lawsuit
alleging misuse of certain data by developers that shared such data
with third parties in violation of its terms and policies, which
provides for a payment of $725 million by the company and is
subject to court approval.
Said suits started coming in beginning on March 20, 2018 against
Meta Platforms, Inc. and certain of its directors and officers,
seeking unspecified damages and injunctive relief. Several of the
cases brought on behalf of consumers in the United States were
consolidated in the U.S. District Court for the Northern District
of California.
On September 9, 2019, the court granted, in part, and denied, in
part, the company's motion to dismiss the consolidated putative
consumer class action.
In addition, the platform and user data practices, as well as the
events surrounding the misuse of certain data by a developer,
became the subject of U.S. Federal Trade Commission (FTC), state
attorneys general, and other government inquiries in the United
States, Europe, and other jurisdictions.
The company entered into a settlement and modified consent order to
resolve the FTC inquiry, which took effect in April 2020. Among
other matters, our settlement with the FTC required to pay a
penalty of $5.0 billion which was paid in April 2020 upon the
effectiveness of the modified consent order. The state attorney
general inquiry and certain government inquiries in other
jurisdictions remain ongoing.
Meta Platforms, Inc. is a technology company based in California.
It operates under the Facebook platform.
MICROCHIP TECHNOLOGY: Partially Wins Summary Judgment vs Schuman
----------------------------------------------------------------
In the class action lawsuit captioned as PETER SCHUMAN, et al., v.
MICROCHIP TECHNOLOGY INCORPORATED, et al., Case No.
4:16-cv-05544-HSG (N.D. Cal.), the Hon. Judge Haywood S. Gilliam,
Jr. entered an order granting in part and denying in part the
defendant's motion for summary judgment.
-- Accordingly, the Court grants the motion for summary judgment
as
to the two named Plaintiffs, but otherwise denies the motion.
-- The Court further orders the parties to show cause why the
class
should or should not be decertified based on the
individualized
inquiry necessary to assess the validity of the releases
signed
by the majority of class members.
The Plaintiffs are a certified class of 220 former employees of
Defendant Atmel Corporation.1
In the FAC, Plaintiffs alleged that Defendants
(1) breached their fiduciary duties by misinterpreting the
severance agreements as having expired and encouraging
Plaintiffs to sign releases in exchange for reduced
severance benefits, in violation of ERISA section 404(a),
29
U.S.C. section 1104(a);
(2) improperly denied their claims for benefits, in violation
of
ERISA section 502(a)(1)(B), 29 U.S.C. § 1132(a)(1)(B);
and
(3) interfered with their right to recover benefits payments,
in
violation of ERISA .
Microchip Technology is a provider of microcontroller,
mixed-signal, analog and Flash-IP solutions.
A copy of the Court's order dated Aug. 23, 2023, is available from
PacerMonitor.com at https://bit.ly/45Gi4F0 at no extra charge.[CC]
MISSISSIPPI BEHAVIORAL: Class Cert. Bid Filing Due Jan. 19, 2024
----------------------------------------------------------------
In the class action lawsuit captioned as Jackson, et al., v.
Mississippi Behavioral Health Services, LLC, Case No. 3:22-cv-00697
(S.D. Miss., Filed Dec. 2, 2022), the Hon. Judge LaKeysha Greer
Isaac entered an order as follows
-- Motion to Extend Deadline Discovery Nov. 17, 2023
must be completed by:
-- The Plaintiffs' side motion for Jan. 19, 2024
class certification and memorandum
shall be filed by:
The suit alleges violation of the Fair Labor Standards Act.
Mississippi Behavioral provides behavioral rehabilitation
services.[CC]
MISSONI USA: Sanchez Files ADA Suit in E.D. New York
----------------------------------------------------
A class action lawsuit has been filed against Missoni USA, Inc. The
case is styled as Randy Sanchez, on behalf of himself and all
others similarly situated v. Missoni USA, Inc., Case No.
1:23-cv-06680 (E.D.N.Y., Sept. 7, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Missoni -- https://www.missoni.com/ -- is an Italian luxury fashion
house based in Varese, and known for its colorful knitwear
designs.[BN]
The Plaintiff is represented by:
Noor H. 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
MONDELEZ INTERNATIONAL: Court OK's Settlement Deal in CFTC Suit
---------------------------------------------------------------
Mondelēz International, Inc. disclosed in its Form 10-Q for the
quarterly period ended June 30, 2023, filed with the Securities and
Exchange Commission on July 27, 2023, that on May 13, 2022, the
U.S. District Court for the Northern District of Illinois approved
a settlement agreement between the U.S. Commodity Futures Trading
Commission (CFTC) and Mondelez Global.
Said case was filed on April 1, 2015 by the CFTC against Kraft
Foods Group and Mondelēz Global LLC in related to the trading of
December 2011 wheat futures contracts that occurred prior to the
spin-off of Kraft Foods Group. The complaint alleged that Mondelez
Global manipulated or attempted to manipulate the wheat markets
during the fall of 2011, violated position limit levels for wheat
futures and engaged in non-competitive trades.
The consolidated suit is "Harry Ploss et al. v. Kraft Foods Group,
Inc. and Mondelēz Global LLC," Case Number 15-cv-2937. On January
3, 2020, the court granted plaintiff's request to certify a class.
In November 2022, it adjourned the trial date it had previously set
for November 30 and ordered the parties to brief Kraft’s motions
to decertify the class and for summary judgment, which was
completed on July 25, 2023.
Mondelēz International, Inc. is a food company based in Illinois.
MORRIS HOSPITAL: Fails to Secure Patients' Info, Cinto Suit Says
----------------------------------------------------------------
KATHRYN ANN CINTO, on behalf of her minor child, M.J., and all
others similarly situated, Plaintiff v. MORRIS HOSPITAL AND
HEALTHCARE CENTERS, Defendant, Case No. 1:23-cv-06513 (N.D. Ill.,
Aug. 30, 2023) is a class action against the Defendant for its
failure to properly secure and safeguard Plaintiff's and other
similarly situated Morris Hospital patients' personally
identifiable information and protected health information.
According to the complaint, an unauthorized access took place on
April 4, 2023 on some of the Defendant's computer systems. On June
20, 2023, Morris Hospital filed official notice of a hacking
incident with the Office of the Maine Attorney General. It was on
August 17, 2023, that Morris Hospital sent out data breach letters
to individuals whose information was compromised as a result of the
hacking incident. Under state and federal law, organizations must
report breaches involving protected health information within at
least 60 days.
The Plaintiff alleges the failure of Morris Hospital and its
employees to properly monitor and implement security practices with
regard to the computer network, systems, and servers that housed
the private information. Had Morris Hospital properly monitored its
networks, it would have discovered the breach sooner. The Plaintiff
seeks to remedy these harms on behalf of herself and all similarly
situated individuals whose private information was accessed and/or
compromised during the data breach.
Morris Hospital, based in Morris, is a community hospital that
serves and has served hundreds of thousands of patients in
Illinois.[BN]
The Plaintiff is represented by:
Mason A. Barney, Esq.
Tyler J. Bean, Esq.
SIRI & GLIMSTAD LLP
745 Fifth Avenue, Suite 500
New York, NY 10151
Telephone: (212) 532-1091
E-mail: mbarney@sirillp.com
tbean@sirillp.com
NAVAJO EXPRESS: Completion of Discovery Due Dec. 29
---------------------------------------------------
In the class action lawsuit captioned as ARTHUR EDWARDS, v. NAVAJO
EXPRESS, INC. and EDDIE WILLIAMS, Case No. 2:23-cv-00006-KGB (E.D.
Ark.), the Hon. Judge Kristine G. Baker entered an order modifying
the final scheduling order as follows:
1. Discovery should be completed no later than December 29,
2023.
2. Case-in-Chief expert disclosures, including reports, must be
made by October 30, 2023.
3. Rebuttal expert disclosures, including reports, must be made
by
November 29, 2023.
4. A status report must be filed with the Clerk's office on or
before December 29, 2023.
5. All motions, except motions for class certification and
motions
in limine, must be filed on or before January 5, 2024.
Motions
filed pursuant to Daubert v. Merrell Dow Pharmaceuticals, 509
U.S. 579 (1993), must be filed on or before January 5, 2024.
6. All other deadlines in the Final Scheduling Order remain in
full
force and effect, including the trial date.
Navajo offers long-haul transports of refrigerated, dry van, and
hazardous material freights.
A copy of the Court's order dated Aug. 23, 2023, is available from
PacerMonitor.com at https://bit.ly/44ScC0p at no extra charge.[CC]
NCAA: Parties in Smart Must Disclose Expert Reports by Jan. 7, 2024
-------------------------------------------------------------------
In the class action lawsuit captioned as TAYLOR SMART AND MICHAEL
HACKER, Individually and on Behalf of All Those Similarly Situated,
v. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, an unincorporated
association, Case No. 2:22-cv-02125-WBS-KJN (E.D. Cal.), the Hon.
Judge William B. Shubb entered an order vacating the Status
(Pretrial Scheduling) Conference scheduled for August 28, 2023, and
makes the following findings and orders without needing to consult
with the parties any further.
-- The parties shall disclose experts and produce reports in
accordance with Federal Rule of Civil Procedure 26(a)(2) by no
later than Jan. 7, 2025.
-- All discovery, including depositions for preservation of
testimony, is left open, save and except that it shall be so
conducted as to be completed by March 7, 2025.
-- The Plaintiffs' motion for class certification shall be filed
on
or before August 2, 2024.
-- The Final Pretrial Conference is set for July 14, 2025, at
1:30
p.m. in Courtroom No. 5.
-- The jury trial is set for September 16, 2025, at 9:00 a.m.
National Collegiate is a nonprofit organization that regulates
student athletics.
A copy of the Court's order dated Aug. 24, 2023, is available from
PacerMonitor.com at https://bit.ly/44LtjLg at no extra charge.[CC]
NORTHERN DYNASTY: Class Settlement in Darish Suit Gets Initial Nod
------------------------------------------------------------------
In the class action lawsuit captioned as Darish v. Northern Dynasty
Minerals Ltd. et al., Case No. 1:20-cv-06126-ENV-TAM (E.D.N.Y.),
the Hon. Judge Taryn A. Merkl entered an order:
(1) Granting Plaintiffs' motion for preliminary settlement
approval;
(2) Preliminarily approving the class action settlement;
(3) Directing the parties to issue notice as proposed;
(4) Appoints Pomerantz LLP as class counsel for purposes of
settlement; and
(5) Scheduling a final settlement hearing for December 7, 2023,
at
10:30 a.m. in Courtroom 324 North.
The Plaintiffs Lawrence Keleman and Charles Hymowitz each purchased
Northern Dynasty's common stock between December 21, 2017, and
November 24, 2020, and have filed suit on behalf of all similarly
situated purchasers, other than Defendants and other specified
groups, as set forth more fully below.
The Plaintiffs claim monetary harm resulting from Defendants'
alleged violations of Sections 10(b) and 20(a) of the Exchange Act
of 1934.
Northern Dynasty is a mining exploration and development company.
A copy of the Court's order dated Aug. 24, 2023, is available from
PacerMonitor.com at https://bit.ly/48bxK4U at no extra
charge.[CC]
OHIOHEALTH CORP: Parties Must File Joint Revised Case Schedule
--------------------------------------------------------------
In the class action lawsuit captioned as SHEILA HINE, v. OHIOHEALTH
CORPORATION, Case No. 2:22-cv-03969-MHW-CMV (S.D. Ohio), the the
Hon. Judge Chelsey M. Vascura entered an order directing the
Parties to file a joint revised proposed case schedule -- to
include proposed deadlines for any forthcoming motion under Clark,
any forthcoming motion for class certification under Federal Rule
of Civil Procedure 23, outstanding discovery, expert disclosures,
and dispositive motions within 14 days of the date of this Order.
-- The parties are directed to include dates certain for their
proposed deadlines to the extent feasible.
-- Certain deadlines in the undersigned's Preliminary Pretrial
Order
were tied to the date of the Court's ruling on Plaintiff's
forthcoming motion for conditional certification under the
Fair
Labor Standards Act (FLSA).
OhioHealth is a not-for-profit system of hospitals and healthcare
providers based in Columbus and the Central Ohio area.
A copy of the Court's order dated Aug. 24, 2023, is available from
PacerMonitor.com at https://bit.ly/3sOgPoO at no extra charge.[CC]
OLD WOLF TRUCKING: Reid Suit Removed to S.D. Florida
----------------------------------------------------
The case captioned as Rowan Reid and Arthur Bailey, on behalf of
themselves and all others similarly situated v. OLD WOLF TRUCKING
CORP., Case No. CACE-23-015554 was removed from the Circuit Court
of the Seventeenth Judicial District in and for Broward County,
Florida, to the United States District Court for the Southern
District of Florida on Sept. 8, 2023, and assigned Case No.
0:23-cv-61737-XXXX.
The Summons and Complaint were served on the defendant on August
11, 2023. Other than the August 11, 2023 service, no proceedings
have been had in this matter of which the undersigned is
aware.[BN]
The Defendant is represented by:
Kenneth A. Knox, Esq.
Michael E. Bonner, Esq.
FISHER & PHILLIPS
201 East Las Olas Boulevard, Suite 1700
Fort Lauderdale, FL 33301
Phone (954) 525-4800
Facsimile (954) 525-8739
Email: kknox@fisherphillips.com
Mbonner@fisherphillips.com
ORAL SURGEONS: Fails to Secure Patients' Info, Shaikh Alleges
-------------------------------------------------------------
SALWA SHAIKH, on behalf of herself individually and on behalf of
all others similarly situated v. ORAL SURGEONS OF VIRGINIA, PLLC
d/b/a FAIRFAX ORAL AND MAXILLOFACIAL SURGERY, Case No.
1:23-cv-01214 (E.D. Va., Sept. 8, 2023) is a class action complaint
against the Defendant for its failure to properly secure and
safeguard the personally identifiable information and protected
health information that it collected and maintained as part of its
regular business practices.
On May 16, 2023, the Defendant experienced a security incident that
resulted in the encryption of certain files on its systems. As a
result of its investigation, the Defendant concluded -- on July 11,
2023 -- that "an unauthorized party accessed our computer network
between May 15, 2023, and May 16, 2023."
The Defendant's investigation concluded that the Private
Information compromised in the Data Breach included the Plaintiff's
and approximately 206,000 other individuals' information, the
Plaintiff asserts.
According to Defendant's untitled letter sent to the Plaintiff and
other victims of the Data Breach, the compromised Private
Information included individuals' names, driver's license numbers,
Social Security numbers, health insurance information, and
medical history information. The Defendant allegedly failed to
adequately protect the Plaintiff's and Class Members’ Private
Information –– and failed to even encrypt or redact this highly
sensitive information.
Moreover, the Defendant did not notify the Plaintiff and Class
Members of the Data Breach's occurrence until on or about August
18, 2023, more than three months after the Data Breach's
occurrence, the suit says.
The Plaintiff and Class Members have suffered injuries including:
(i) invasion of privacy;
(ii) loss of benefit of the bargain;
(iii) lost time, spent on activities remedying harms resulting
from the Data Breach;
(iv) an increase in spam calls, texts, and/or emails;
(v) lost opportunity costs associated with attempting to
mitigate the actual consequences of the Data Breach; and
(vi) diminution of value of their Private Information.
The Plaintiff and Class Members are current and former Fairfax
patients.
The Defendant is a healthcare company that provides oral and
maxillofacial surgery.[BN]
The Plaintiff is represented by:
Lee A. Floyd, Esq.
Sarah G. Sauble, Esq.
BREIT BINIAZAN, PC
2100 East Cary Street, Suite 310
Richmond, VA 23223
Telephone: (804) 351-9040
Facsimile: (804) 351-9170
E-mail: Lee@bbtrial.com
Sarah@bbtrial.com
- and -
David K. Lietz, Esq.
MILBERG COLEMAN BRYSON
PHILLIPS GROSSMAN, LLC
5335 Wisconsin Avenue NW
Washington, D.C. 20015-2052
Telephone: (866) 252-0878
Facsimile: (202) 686-2877
E-mail: dlietz@milberg.com
ORAL SURGEONS: Kooner Files Suit in E.D. Virginia
-------------------------------------------------
A class action lawsuit has been filed against Oral Surgeons of
Virginia, PLLC. The case is styled as Taranvir Kooner, Karnail
Kooner, on behalf of themselves and all others similarly situated
v. Oral Surgeons of Virginia, PLLC doing business as: Fairfax Oral
and Maxillofacial Surgery, Case No. 1:23-cv-01199-LMB-LRV (E.D.
Va., Sept. 7, 2023).
The nature of suit is stated as Other P.I. for Personal Injury.
The Oral Surgeons of Virginia -- https://www.oralfacialsurgery.com/
-- Oral & Facial Surgery have oral surgery offices in Sandston and
Mechanicsville with two in Richmond and two in Midlothian,
Virginia.[BN]
The Plaintiff is represented by:
Michael Hirsh, Esq.
HIRSH LAW OFFICE
2295 Towne Lake Pkwy., Ste. 116-181
Woodstock, GA 30189
Phone: (678) 653-9907
Email: michael@hirsh.law
PATHFINDER OF WEST VIRGINIA: Gonzalez Files ADA Suit in S.D.N.Y
---------------------------------------------------------------
A class action lawsuit has been filed against The Pathfinder of
West Virginia, Ltd. The case is styled as Yanilza Gonzalez, on
behalf of herself and all others similarly situated v. The
Pathfinder of West Virginia, Ltd., Case No. 1:23-cv-07941
(S.D.N.Y., Sept. 7, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Pathfinder -- https://www.pathfinderwv.com/ -- offers bikes, skis,
snowboards, kayaks, canoes, climbing gear, skateboards, clothing,
hiking, and camping gear.[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
PELOTON INTERACTIVE: Mateer Wins Class Certification Bid
--------------------------------------------------------
In the class action lawsuit captioned as JOSEPH D. MATEER, et al.,
v. PELOTON INTERACTIVE, INC., Case No. 1:22-cv-00740-LGS-GWG
(S.D.N.Y.), the Hon. Judge Lorna G. Schofield, entered an order
granting the Plaintiffs' motion for class certification for
settlement purposes of the following collectives and classes of
Defendant's current or former employees
(1) individuals (including Named Plaintiffs) who filed valid
Opt-In
forms in this action after the Court conditionally certified
an
Fair Labor Standards Act (FLSA) collective on July 13, 2022
("FLSA Opt-Ins");
(2) all former and current employees who worked for Peloton as
Inside Sales Representatives all hours worked at the
statutorily required rate of one and one-half times their
regular rate of pay, at any time between January 27, 2019,
and
July 12, 2022.
-- FLSA Showroom Sales Personnel Collective
"All FLSA Opt-Ins who filed valid Opt-In forms in the
Action
after the Court conditionally certified an FLSA
collective
on July 13, 2022, to opt into the collective of former
and
current employees who worked for Peloton as Showroom
Sales
Personnel, who allegedly worked more than forty hours in
one
or more workweeks of their employment, and who allegedly
were not paid overtime for all hours worked at the
statutorily required rate of one and one-half times their
regular rate of pay, at any time between January 27,
2019,
and July 12, 2022."
-- Rule 23 New York State Settlement Class
"All former and current employees who worked for Peloton
as
ISRs, and who allegedly worked more than forty hours in
one
or more workweeks of their employment in the state of New
York, and who allegedly were not paid overtime for all
hours
worked at the statutorily required rate of one-and
one-half
times their regular rate of pay, at any time between
January
27, 2016, and July 7, 2023."
-- Rule 23 Pennsylvania State Settlement Class
"All former and current employees who worked for Peloton
as
non-exempt Showroom Sales Personnel, who allegedly worked
more than forty hours in one or more workweeks of their
employment in the state of Pennsylvania, and who
allegedly
were not paid overtime for all hours worked at the
statutorily required rate of one-and one-half times their
regular rate of pay, at any time between January 27,
2019,
and July 7, 2023."
-- Rule 23 New York Initial Hire Notice and Wage Statement
Settlement Class:
"All current and former employees who worked for Peloton
in
the state of New York from January 27, 2016 through
December
31, 2020, excluding those current and former employees
who
have released claims against Peloton under the NYLL."
The Court finds that the Settlement Agreement is fair, reasonable,
and adequate and should be preliminarily approved. The settlement
will ensure the prompt payment to the FLSA Opt-Ins and Class
Members and avoid the risks and expense of continued litigation.
The Court approves Cohen Rosenthal & Kramer LLP and the Law Office
of J.R. Howell as Class Counsel.
The Court approves Joseph D. Mateer, Katharine Johnson, and
Christopher Branchcomb as settlement collective and class
representatives.
The Court approves Simpluris, Inc. as the Settlement
Administrator.
Peloton is an American exercise equipment and media company based
in New York City.
A copy of the Court's order dated Aug. 23, 2023, is available from
PacerMonitor.com at https://bit.ly/48csXQw at no extra charge.[CC]
PESCO CLOTHING: Gonzalez Files ADA Suit in S.D.N.Y
--------------------------------------------------
A class action lawsuit has been filed against Pesco Clothing, Inc.
The case is styled as Yanilza Gonzalez, on behalf of herself and
all others similarly situated v. Pesco Clothing, Inc., Case No.
1:23-cv-07936 (S.D.N.Y., Sept. 7, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Pesco Clothing, Inc. doing business as Philip Michael Fashion For
Men -- https://philipmichaelfashion.com/ -- is a leading men's
apparel retailer in the Hampton Roads area of Virginia.[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
PETER BARCA: Dispositive Bid Deadline Extended to Oct. 11
---------------------------------------------------------
In the class action lawsuit captioned as Siebers, Margaret, et al.,
v. Barca, Peter, et al., Case No. 3:20-cv-01109 (W.D. Wisc., Filed
Dec. 21, 2020), the Hon. Judge James D. Peterson entered an order
setting deadlines / hearings on motion for class certification.
-- The dispositive motion deadline is extended to October 11,
2023.
The suit alleges violation of the Civil Rights Act.[CC]
PG&E CORPORATION: Court Stays Securities Suit
----------------------------------------------
PG&E Corporation disclosed in its Form 10-Q for the quarterly
period ended June 30, 2023, filed with the Securities and Exchange
Commission on July 27, 2023, that on September 30, 2022, the
District Court issued an order staying "In re PG&E Corporation
Securities Litigation" pending resolution of an ongoing bankruptcy
proceeding.
Accordingly, the U.S. District Court for the Northern District of
California administratively closed the case, subject to a motion by
the parties thereto to reopen the case.
In June 2018, a purported securities class action was filed in said
court, naming PG&E Corporation and certain of its then-current and
former officers as defendants, entitled "David C. Weston v. PG&E
Corporation, et al."
The complaint alleged material misrepresentations and omissions in
various PG&E Corporation public disclosures related to, among other
things, vegetation management and other issues connected to the
2017 Northern California wildfires. The complaints asserted claims
under Section 10(b) and Section 20(a) of the Exchange Act and Rule
10b-5 promulgated thereunder and sought unspecified monetary
relief, interest, attorneys' fees and other costs.
Said complaint identified a proposed class period of April 29,
2015, to June 8, 2018. On September 10, 2018, the court
consolidated said case into "In re PG&E Corporation Securities
Litigation," (N.D. Cal.), Case No. 18-03509. The court also
appointed PERA as the lead plaintiff. PERA filed a consolidated
amended complaint on November 9, 2018.
Due to the commencement of the Chapter 11 Cases, the proceedings
were automatically stayed as to PG&E Corporation and its parent
Pacific Gas and Electric Company.
PG&E Corporation is an energy and gas company based in California.
PROGRESS SOFTWARE: Daniels Sues Over Unprotected Personal Info
--------------------------------------------------------------
KIMBERLEE DANIELS, individually and on behalf of all others
similarly situated, Plaintiff v. PROGRESS SOFTWARE CORPORATION, and
INTERNATIONAL BUSINESS MACHINES CORPORATION d/b/a IBM, Defendants,
Case No. 1:23-cv-12010 (D. Mass., Aug. 30, 2023) is class action
against Defendants for their failure to properly secure and
safeguard personally identifiable information and personal health
information including, but not limited to, Plaintiff's and Class
Members' names, Social Security numbers, Medicaid ID number,
Medicare ID number, date of birth, home address and other contact
information, demographic or income information, clinical and
medical information, and health insurance information.
According to the Colorado Department of Health Care Policy and
Financing, "On May 31, 2023, Progress Software discovered a problem
affecting its MOVEit Transfer application. IBM, a third-party
vendor contracted with HCPF, uses the MOVEit application to move
HCPF data files in the normal course of business." Through its
investigation, HCPF learned that an unauthorized third party
accessed certain files on the MOVEit application used by IBM on May
28, 2023, and downloaded data.
Despite its duties to Plaintiff and Class Members related to, and
arising from, its cloud hosting and secure file transfer services
and applications involving MOVEit, Progress Software stored,
maintained, and/or hosted Plaintiff's and Class Members' Private
Information on its MOVEit transfer services software that was
negligently and/or recklessly configured and maintained so as to
contain security vulnerabilities that resulted in multiple breaches
of its network and systems or of its customers' networks and
systems, including IBM. These security vulnerabilities existed as
far back as 2021. As a result of the breach, unauthorized
third-party cybercriminals gained access to and obtained
Plaintiff's and Class Members' personally identifiable information
and personal health information, says the suit.
Progress Software Corporation is a software company that offers a
wide range of products and services to government agencies and
corporate entities across the United States and around the world,
including MOVEit.[BN]
The Plaintiff is represented by:
Kristen A. Johnson, Esq.
HAGENS BERMAN SOBOL SHAPIRO
1 Faneuil Hall Square, 5th Floor
Boston, MA 02109
Telephone: (617) 482-3700
Facsimile: (617) 482-3003
E-mail: kristen@hbsslaw.com
- and -
Steve W. Berman, Esq.
Sean R. Matt, Esq.
HAGENS BERMAN SOBOL SHAPIRO
1301 Second Avenue, Suite 2000
Seattle, WA 98101
Telephone: (206) 623-7292
Facsimile: (206) 623-0594
E-mail: steve@hbsslaw.com
sean@hbsslaw.com
- and -
Jeffrey S. Goldenberg, Esq.
GOLDENBERG SCHNEIDER, LPA
4445 Lake Forest Drive, Suite 490
Cincinnati, OH 45242
Telephone: (513) 345-8291
Facsimile: (513) 345-8294
E-mail: jgoldenberg@gs-legal.com
- and -
Charles Schaffer, Esq.
Nicholas J. Elia, Esq.
LEVIN SEDRAN & BERMAN LLP
510 Walnut Street, Suite 500
Philadelphia, PA 19106
Telephone: (215) 592-1500
Facsimile: (215) 592-4663
E-mail: cschaffer@lfsblaw.com
nelia@lfsblaw.com
- and -
Joseph M. Lyon, Esq.
THE LYON FIRM
2754 Erie Ave.
Cincinnati, OH 45208
Telephone: (513) 381-2333
Facsimile: (513) 766-9011
E-mail: jlyon@thelyonfirm.com
- and -
Jeffrey Brown, Esq.
LEEDS BROWN LAW
One Old Country Road, Suite 347
Carle Place, NY 11514-1851
Telephone: JBrown@LeedsBrownLaw.com
- and -
Jason P. Sultzer, Esq.
THE SULTZER LAW GROUP P.C.
85 Civic Center Plaza, Suite 200
Poughkeepsie, NY 12601
Telephone: (845) 244-5595
E-mail: sultzerj@thesultzerlawgroup.com
PROGRESSIVE CASUALTY: Must File Class Rebuttal Report by Sept. 28
-----------------------------------------------------------------
In the class action lawsuit captioned as Siobahn Carroll, et al. v.
Progressive Casualty Insurance Company, et al., Case No.
2:21-cv-09217-FMO-RAO (C.D. Cal.), the Hon. Judge Fernando M.
Olguin entered an order regarding motion for leave to serve
sur-rebuttal expert report:
1. The Plaintiffs' motion is granted as set forth in this
Order.
2. The Plaintiffs shall serve Mr. Birnbaum's sur-rebuttal report
no
later than August 28, 2023.
3. Defendants are granted leave to depose Mr. Birnbaum and to
file
a rebuttal report to Mr. Birnbaum's sur-rebuttal report by no
later than September 28, 2023.
4. The parties shall comply with the Court's Order of June 29,
2022.
Progressive provides personal, automobile, homeowner, boat,
renters, business, life, and health insurance services.
A copy of the Court's order dated Aug. 24, 2023, is available from
PacerMonitor.com at https://bit.ly/3rdDA4T at no extra charge.[CC]
PROVIDENCE ST. JOSEPH: Filing for Class Cert. Bid Due Dec. 12
-------------------------------------------------------------
In the class action lawsuit captioned as Spencer, et al., v.
Providence St. Joseph Health, et al., Case No. 2:22-cv-01033 (W.D.
Wash., Filed July 26, 2022), the Hon. Judge Richard A. Jones
entered an order granting the parties' stipulated motion for
extension of case deadlines as follows:
-- Deadline for joining additional Nov. 13, 2023
parties is:
-- The Plaintiffs' class certification Dec. 12, 2023
motion shall be filed by:
-- The Defendants' opposition is due: Jan. 5, 2024
-- The Plaintiffs' reply is due: Jan. 19, 2024
The suit alleges violation of the Americans with Disabilities Act.
Providence provides healthcare services, and operates
hospitals.[CC]
QUICK BOX: Bid to Defer Class Cert Rulings OK'd
-----------------------------------------------
In the class action lawsuit captioned as LEANNE TAN, v. QUICK BOX,
LLC, et al., Case No. 3:20-cv-01082-LL-DDL (S.D. Cal.), the Hon.
Judge Linda Lopez entered an order granting second joint motion to
defer rulings on the Plaintiff's motion for class certification.
On August 21, 2023, the Plaintiff Tan and the Defendants filed a
second joint motion to defer rulings on Plaintiff's motion for
class certification until October 18, 2023.
The parties shall file a joint status report on or before September
28, 2023, to update the Court on the status of settlement
discussions and the September 27, 2023, settlement conference.
Quick Box is a Business-to-Business (B2B) company offering
last-mile delivery, same day & on-demand delivery service.
A copy of the Court's order dated Aug. 21, 2023, is available from
PacerMonitor.com at https://bit.ly/3Eq9Y7u at no extra charge.[CC]
RADIUS GLOBAL: Fails to Protect Personal Info, Madden Suit Claims
-----------------------------------------------------------------
WILLIAM MADDEN, individually and on behalf of all others similarly
situated, Plaintiff v. RADIUS GLOBAL SOLUTIONS LLC, Defendant, Case
No. 0:23-cv-02670-WMW-DJF (D. Minn., Aug. 29, 2023) is brought
against the Defendant because of its failure to safeguard the
private information entrusted to it, and to remedy the harms
suffered by Plaintiff and all others similarly situated customers.
This lawsuit seeks to redress the harms caused by Radius' massive
and preventable data breach perpetrated by well-known cybergang,
Clop. During the data breach, Clop infiltrated the inadequately
protected MOVEit software Radius negligently used and stole the
highly sensitive and confidential personally identifiable
information and protected health information of Plaintiff and
600,794 other similarly situated individuals. Due to Radius'
failure to utilize software with adequate data security measures in
place, Plaintiff and the Class face a lifetime risk of fraud and
identity theft, says the suit.
Radius Global Solutions LLC provides accounts receivable, customer
relations and revenue cycle management solutions.[BN]
The Plaintiff is represented by:
Brian C. Gudmundson, Esq.
Michael J. Laird, Esq.
Rachel K. Tack, Esq.
ZIMMERMAN REED LLP
1100 IDS Center, 80 South 8th Street
Minneapolis, MN 55402
Telephone: (612) 341-0400
E-mail: brian.gudmundson@zimmreed.com
june.hoidal@zimmreed.com
michael.laird@zimmreed.com
rachel.tack@zimmreed.com
- and -
William B. Federman, Esq.
FEDERMAN & SHERWOOD
10205 North Pennsylvania Avenue
Oklahoma City, OK 73120
Telephone: (405) 235-1560
E-mail: WBF@federmanlaw.com
REALPAGE INC: Rental Price-Rigging Suits Consolidated in M.D. Tenn.
-------------------------------------------------------------------
Mid-America Apartments, L.P. disclosed in its Form 10-Q for the
quarterly period ended June 30, 2023, filed with the Securities and
Exchange Commission on July 27, 2023, that in late 2022 and early
2023, 28 putative class action lawsuits were filed against
RealPage, Inc., along with over 50 of the largest owners and
operators of apartment communities in the country, including the
company alleging that RealPage and lessors of multifamily
residential real estate conspired to artificially inflate the
prices of multifamily residential real estate above competitive
levels through the use of RealPage's revenue management software.
The plaintiffs are seeking monetary damages and attorneys' fees and
costs and injunctive relief.
On April 10, 2023, the Joint Panel on Multidistrict Litigation
issued an order centralizing the cases in the Middle District of
Tennessee for coordinated or consolidated pretrial proceedings.
Mid-America Apartments, L.P. is a real estate company based in
Tennessee.
RIO NUEVO LLC: Batter Sues Over Unpaid Proper Compensations
-----------------------------------------------------------
Jennifer Batter, individually and on behalf of all other Aggrieved
Employees v. RIO NUEVO LLC, DBA SALAZAR RESTAURANT, Liability
Company, and DOES 1 through 50, inclusive, Case No.
23STCV21503(Cal. Super. Ct., Los Angeles Cty., Sept. 7, 2023), is
brought pursuant to the California Labor Code Private Attorneys
General Act of 2004 as a result of the Defendants failure to pay
the Plaintiff proper compensations.
The Defendants failed to provide employment records in violation of
Labor Code; failed to pay overtime and double time in violation of
Labor Code and the applicable Wage Orders; failed to provide rest
and meal periods in violation of Labor Code and the applicable Wage
Orders; failed to pay minimum wage in violation of Labor Code and
the applicable Wage Orders; failed to keep accurate payroll records
and provide itemized wage statements in violation of Labor Code,
and the applicable Wage Orders; failed to pay reporting time wages
in violation of California Code of Regulations Title 8; failed to
pay split shift wages in violation of California Code of
Regulations; failed to pay all wages earned on time in violation of
Labor Code; failed to pay all wages earned 5 upon discharge or
resignation in violation of Labor Code; failed to reimburse
necessary, business related expenses in violation of Labor Code;
failed to provide notice of paid sick time and accrual in violation
of Labor Code; employers, and individuals acting on behalf of
employers, violating or causing to be violated a section of the
Labor Code or any Wage Order in violation of Labor Code, says the
complaint.
The Plaintiff was hired by the Defendants with the job title of
Server on March 20, 2023.
The Defendants are a full-service Sonoran-style Mexican food
restaurant in Frogtown, Los Angeles.[BN]
The Plaintiff is represented by:
Haig B. Kazandjian, Esq.
Melissa Robinson, Esq.
HAIG B. KAZANDJIAN LAWYERS, APC
801 North Brand Boulevard, Suite 970
Glendale, CA 91203
Phone: 1-818-696-2306
Facsimile: 1-818-696-2307
Email: haig@hbklawyers.com
melissa@hbklawyers.com
SARA CODY: Class Cert Hearing in UNIFYSCC Suit Set for Dec. 21
--------------------------------------------------------------
In the class action lawsuit captioned as UNIFYSCC, et al., v. SARA
H. CODY, et al., Case No. 5:22-cv-01019-BLF (N.D. Cal.), the Hon.
Judge Beth Labson Freeman entered an order confirming hearing on
Plaintiffs' motion for class certification for December 21, 2023,
at 9:00 a.m in San Jose, Courtroom 3, 5th Floor.
A copy of the Court's order dated Aug. 23, 2023, is available from
PacerMonitor.com at https://bit.ly/44OOs70 at no extra charge.[CC]
SEA LIMITED: Faces Mirvaydulloev Suit Over 17.74% Share Price Drop
------------------------------------------------------------------
UBAYDULLO MIRVAYDULLOEV, individually and on behalf of all others
similarly situated v. SEA LIMITED, FORREST XIAODONG LI, and TONY
TIANYU HOU, Case No. 2:23-cv-01889-SRB (D. Ariz., Sept. 8, 2023) is
a federal securities class action on behalf of a class consisting
of all persons and entities other than Defendants that purchased or
otherwise acquired Sea securities between April 19, 2021 and May
15, 2023, both dates inclusive, seeking to recover damages caused
by the Defendants' violations of the federal securities laws and to
pursue remedies under Sections 10(b) and 20(a) of the Securities
Exchange Act of 1934.
The Plaintiff contends that the Defendants made false and/or
misleading statements and/or failed to disclose that:
(i) Sea overstated its ability to manage the growth of its user
base and loan book while enhancing its profitability; and
(ii) Sea's expansion to a broader user base and growing loan
book rendered the Company significantly more vulnerable to
higher credit losses;
On November 17, 2021, investor news website Seeking Alpha reported
that Bank of America had downgraded Sea's stock from a "Buy" rating
to a "Neutral" rating because consensus has yet to factor in rising
losses in the medium term based on expansion into new markets in
Europe/India.
On this news, Sea's American Depositary Share ("ADS") price fell
$15.50 per ADS, or 4.7%, to close at $314.41 per ADS on November
17, 2021.
Then, on May 16, 2023, Sea issued a press release announcing its
financial results for the first quarter of 2023. Sea reported
first-quarter earnings that fell significantly short of
expectations due to a sharp increase in loan loss reserves. Sea
also disclosed that the Company's previous Chief Investment
Officer, David Ma, had left that role and joined the Company's
Board of Directors.
On this news, Sea's ADS price fell $15.62 per ADS, or 17.74%, to
close at $72.45 per ADS on May 16, 2023.
As a result of Defendants' wrongful acts and omissions, and the
precipitous decline in the market value of the Company's
securities, the Plaintiff and other Class members have suffered
significant losses and damages, says the suit.
The Plaintiff acquired Sea securities at artificially inflated
prices during the Class Period.
Sea, together with its subsidiaries, provides digital
entertainment, e-commerce, and digital financial services in Asia,
Latin America, and internationally.[BN]
The Plaintiff is represented by:
Gary A. Gotto, Esq.
KELLER ROHRBACK L.L.P.
3101 North Central Avenue, Suite 1400
Phoenix, AZ 85012
Telephone: (602) 230-6322
E-mail: ggotto@kellerrohrback.com
- and -
Jeremy A. Lieberman, Esq.
J. Alexander Hood II, Esq.
POMERANTZ LLP
600 Third Avenue, 20th Floor
New York, NY 10016
Telephone: (212) 661-1100
Facsimile: (917) 463-1044
E-mail: jalieberman@pomlaw.com
ahood@pomlaw.com
SOUTHEASTERN CAREER: Castro Files ADA Suit in S.D. New York
-----------------------------------------------------------
A class action lawsuit has been filed against Southeastern Career
Apparel, Inc. The case is styled as Felix Castro, on behalf of
himself and all others similarly situated v. Southeastern Career
Apparel, Inc., Case No. 1:23-cv-07919 (S.D.N.Y., Sept. 7, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Southeastern Performance Apparel -- https://sepapparel.com/ --
specializes in concert and choir apparel for men and women.[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
SPRINGVILLE PARTNERS: Elstein Sues Over Unsolicited Telephone Calls
-------------------------------------------------------------------
EZRA ELSTEIN, individually and of behalf of all others similarly
situated, Plaintiff v. SPRINGVILLE PARTNERS LLC, Defendant, Case
No. 1:23-cv-06490 (E.D.N.Y., Aug. 30, 2023) seeks damages,
injunctive relief, and any other available legal or equitable
remedies, resulting from the illegal actions of Defendant, in
negligently and/or willfully contacting Plaintiff and other
similarly situated consumers, in violation of the Telephone
Consumer Protection Act.
According to the complaint, the Defendant made several unauthorized
telephone calls to Plaintiff's cellular telephone for the purpose
of soliciting business from Plaintiff although Plaintiff's cellular
telephone number is registered on the National Do Not Call
Registry. By making such telephone solicitations, the Defendant has
invaded the personal privacy of Plaintiff and members of the Class,
says the suit.
Springville Partners LLC provides merchant cash advance, unsecured
business loans, and invoice factoring services.[BN]
The Plaintiff is represented by:
Ross H. Schmierer, Esq.
Mona Amini, Esq.
KAZEROUNI LAW GROUP, A.P.C.
48 Wall Street, Suite 1100
New York, NY 10005
Telephone: (800) 400-6808
Facsimile: (800) 520-5523
E-mail: ross@kazlg.com
STANDARD INSURANCE: Court OK's Schmidt Bid to Seal Documents
------------------------------------------------------------
In the class action lawsuit captioned as JANICE SCHMIDT and JUDY A.
VANN-EUBANKS, on behalf of themselves and all others similarly
situated, v. STANDARD INSURANCE COMPANY, PROTECTIVE LIFE INSURANCE
COMPANY, and DOES 1 TO 50, inclusive, Case No.
1:21-cv-01784-JLT-CDB (E.D. Cal.), the Court entered an order:
-- Granting Plaintiffs' request to seal; and
-- Directing the Plaintiffs to file redacted version of sealed
Document.
-- The Court finds that, for the reasons stated in Plaintiffs'
Notice and Request, sealing the Barrett Report serves a
compelling interest. The Court further finds that, in the
absence
of closure, the compelling interests identified by Plaintiffs
would be harmed.
-- In light of Plaintiffs' agreement to the public filing of a
redacted version of the Barrett Report, the Court further
finds
that there are no additional alternatives to sealing the
document
that would adequately protect the compelling interests
identified
by Plaintiffs.
Standard is an American insurance and financial company which is a
subsidiary of StanCorp Financial Group.
A copy of the Court's order dated Aug. 21, 2023 is available from
PacerMonitor.com at https://bit.ly/3LcWn78 at no extra charge.[CC]
STANDARD LIFE: Plaintiffs' Class Cert Reply Due Oct. 12
-------------------------------------------------------
In the class action lawsuit captioned as JANICE SCHMIDT, et al., v.
STANDARD LIFE INSURANCE COMPANY, et al., Case No.
1:21-cv-01784-JLT-CDB (E.D. Cal.), the Court entered an order on
stipulation modifying briefing schedule for the Plaintiffs' motion
for class certification.
1. The Defendants' opposition to Plaintiff's motion for class
certification, appointment of class representative, and class
counsel, shall be filed on or before September 18, 2023.
2. The Plaintiff's reply in support of his motion, if any, shall
be
filed on or before October 12, 2023.
On December 17, 2021, the Plaintiffs filed a class action complaint
against the Defendants. On August 14, 2023, the Plaintiffs filed a
motion for class certification, appointment of class
representative, and class counsel.
Standard is an insurance company that sells group life and
accidental death and dismemberment insurance policies.
A copy of the Court's order dated Aug. 24, 2023, is available from
PacerMonitor.com at https://bit.ly/44K6uri at no extra charge.[CC]
STATE FARM: Court Partly Certifies Two Classes in Clippinger Suit
-----------------------------------------------------------------
In the class action lawsuit captioned as JESSICA CLIPPINGER, on
behalf of herself and all others similarly situated, v. STATE FARM
MUTUAL AUTOMOBILE INSURANCE CO. and AUDATEX NORTH AMERICA, INC.,
d/b/a AudaExplore, a Delaware Corporation Case No.
2:20-cv-02482-TLP-cgc (W.D. Tenn.), the Hon. Judge Thomas L. Parker
entered an order granting in part and denying in part the
plaintiff's motion to certify two classes -- one against State Farm
and the other against Audatex -- under Federal Rule of Civil
Procedure 23.
The Court agrees with Plaintiff. She and the putative class members
are allegedly injured by the same Policy, and the damages suffered
are small when compared to the expense and burden of individual
litigation.
The Court finds that Plaintiff has common proof that the TNA is
invalid and should not have been used in State Farm’s total loss
valuations. And the Court finds that Plaintiff has provided common
proof of "actual cash value" via State Farm's own calculations
using the Audatex reports absent the TNA.
The case is about how Defendant State Farm measures the "actual
cash value" of its insureds’ totaled vehicles.
The Plaintiff Jessica Clippinger sued both her auto insurer, State
Farm, and a company that helps State Farm fix the valuations for
totaled vehicles, Audatex, in July 2020.
The Plaintiff alleges that State Farm breached its insurance
contracts and Tennessee law by relying on the valuation reports
Audatex
prepared.
The Plaintiff defines the State Farm Class as:
"All persons who made a first-party claim on a policy of
insurance
issued by State Farm Mutual Automobile Insurance Company to a
Tennessee resident who, from May 8, 2014, through the date an
order
granting class certification is entered, received compensation
for
the total loss of a covered vehicle, where that compensation was
based on an appraisal report prepared by Audatex and the actual
cash value was decreased based upon typical negotiation
deductions
("TND") to the comparable vehicles used to determine actual cash
value."
The Audatex Class is defined as:
"All persons who made a first-party claim on a policy of
insurance
issued by State Farm Mutual Automobile Insurance Company to a
Tennessee resident who, from May 8, 2017 through the date an
order
granting class certification is entered, received compensation
for
the total loss of a covered vehicle, where that compensation was
based on an appraisal report prepared by Audatex and the actual
cash value was decreased based upon typical negotiation
deductions
("TND") to the comparable vehicles used to determine actual cash
value."
State Farm offers vehicle, auto, accident, homeowners, condo
owners, renters, life and annuities, fire and casualty, health,
disability, flood, business, and boat insurance products and
services.
A copy of the Court's order dated Aug. 25, 2023 is available from
PacerMonitor.com at https://bit.ly/3Pxfpqz at no extra charge.[CC]
STEPHEN CRAANE: Bakambia Suit Seeks to Certify Class Action
-----------------------------------------------------------
In the class action lawsuit captioned as Marc Amouri Bakambia, v.
Stephen Craane, M.D., et al, Case No. 0:22-cv-02922-PJS-ECW (D.
Minn.), the Plaintiff file a motion for certification of class
action and motion for leave to file his second amended complaint.
A copy of the Plaintiff's motion dated Aug. 24, 2023, is available
from PacerMonitor.com at https://bit.ly/3r78k7F at no extra
charge.
The Plaintiff appears pro se.
STOCKTON UNIFIED: Rubio Files Suit in Cal. Super. Ct.
-----------------------------------------------------
A class action lawsuit has been filed against Stockton Unified
School District, et al. The case is styled as Joseph M. Rubio Jr.,
on behalf of himseelf and all others similarly situated v. Stockton
Unified School District, Case No. STK-CV-UOE-2023-0009666 (Cal.
Super. Ct., San Joaquin Cty., Sept. 8, 2023).
The case type is stated as "Unlimited Civil Other Employment."
Stockton Unified School District -- https://www.stocktonusd.net/ --
is a school district headquartered in Stockton, California. Most of
the city of Stockton is served by SUSD.[BN]
The Plaintiff is represented by:
Michael D. Singer, Esq.
COHELAN KHOURY & SINGER
605 C. St. Ste. 200
San Diego, CA 92101
Phone: 619-595-3001
Fax: 619-595-3000
Email: msinger@ckslaw.com
T2 FINANCIAL: Lauer Sues Over Loan Officers' Unpaid Overtime
------------------------------------------------------------
KEVIN M. LAUER, on behalf of himself and all other individuals
similarly situated, Plaintiff v. T2 FINANCIAL, LLC dba REVOLUTION
MORTGAGE, Defendant, Case No. 2:23-cv-02796-ALM-CMV (S.D. Ohio,
Aug. 29, 2023) is a class action brought against the Defendant
under the Fair Labor Standards Act, the Ohio Minimum Fair Wage
Standards Act, the Ohio Prompt Pay Act, and O.R.C. Section 2307.60
to recover unpaid overtime compensation, liquidated damages,
compensatory damages, punitive damages, attorneys' fees and costs,
and other equitable relief.
The Plaintiff was formerly employed by Defendant as a Commissioned
Loan Officer from approximately July 1, 2021 to February 6, 2023.
He asserts that he and those similarly situated to him, have not
been paid all the wages earned while working for Defendant, and
those unpaid wages have gone unpaid for more than 30 days. By not
paying him and those similarly situated to him a rate of 150% of
their regular rate for all hours worked over 40 in a workweek,
Defendant willfully violated federal and state wage laws, says the
Plaintiff.
T2 Financial, LLC is a mortgage banker based in Ohio.[BN]
The Plaintiff is represented by:
Robert E. DeRose, Esq.
BARKAN MEIZLISH DEROSE COX, LLP
4200 Regent Street, Suite 210
Columbus, OH 43219
Telephone: (614) 221-4221
Facsimile: (614) 744-2300
E-mail: bderose@barkanmeizlish.com
TALIS BIOMEDICAL: Continues to Defend Modrak Class Suit in Calif.
-----------------------------------------------------------------
Talis Biomedical Corporation disclosed in its Form 10-Q Report for
the quarterly period ending June 30, 2023 filed with the Securities
and Exchange Commission on August 30, 2023, that the Company
continues to defend the Modrak class suit in the United States
District Court for the Northern District of California.
On or about January 7, 2022, John Modrak filed a class action in
the United States District Court for the Northern District of
California against the Company, certain of its officers and
directors, and J.P. Morgan Securities LLC, BofA Securities, Inc.,
Piper Sandler & Co., and BTIG, LLC, underwriters of its February
2021 initial public offering ("IPO"), captioned as Modrak v. Talis
Biomedical Corp., et al., No. 3:22-cv-00105, purportedly on behalf
of shareholders who purchased shares of our stock that were
registered in our IPO.
On February 18, 2022, Karen Mitcham filed a substantively identical
lawsuit in the same court captioned as Mitcham v. Talis Biomedical
Corp., et al., No. 3:22-cv-01039-JD, against the Company, and the
same officers and directors as the Modrak lawsuit.
The complaints alleged that its registration statement and
prospectus issued in connection with its IPO was false and
misleading and omitted to state material adverse facts related to
the comparator test used in its primary study, its EUA application
for its Talis One COVID-19 test system, and associated regulatory
approval and commercialization.
The complaints sought unspecified damages under Section 11 and
Section 15 of the Securities Act of 1933 ("Securities Act"), and
reasonable attorneys' and expert witnesses' fees and other costs.
These two cases have been consolidated and co-lead plaintiffs have
been appointed as mandated by the applicable federal securities
laws.
On December 9, 2022, the Court granted the Company's motion to
dismiss and plaintiffs leave to amend their consolidated complaint.
On January 13, 2023, the plaintiffs filed an amended complaint,
asserting claims for violation of Section 11 of the Securities Act
against all defendants and Section 15 of the Securities Act against
the individual defendants and seeking unspecified damages,
reasonable attorneys' fees and other costs.
The consolidated complaint does not assert claims against the
above-referenced underwriters.
On April 28, 2023, the Court denied its motion to dismiss. The
initial stages of discovery are underway.
The Company disputes these claims and intend to defend these
matters vigorously.
Talis purportedly develops diagnostic tests to enable accurate,
reliable, low cost, and rapid molecular testing for infectious
diseases and other conditions at the point-of-care. The Talis One
tests are being developed for respiratory infections, infections
related to women's health, and sexually transmitted infections.
The
Individual Defendants are officers and directors of the
company.[BN]
TAXSLAYER LLC: Temple Suit Removed to E.D. Pennsylvania
-------------------------------------------------------
The case captioned as Robert C. Temple, on behalf of himself and
all others similarly situated v. TAXSLAYER, LLC, Case No.
230800122, was removed from the Pennsylvania Court of Common Pleas,
Philadelphia County, to the United States District Court for the
Eastern District of Pennsylvania on Sept. 8, 2023, and assigned
Case No. 2:23-cv-03493.
The Complaint asserts claims for violations of: the Pennsylvania
Wiretapping and Electronic Surveillance Control Act ("Pennsylvania
Wiretapping Act"). As a result of these alleged violations,
Plaintiff seeks declaratory relief, damages, disgorgement,
restitution, costs, expenses, and attorneys' fees.[BN]
The Defendant is represented by:
Mark Melodia, Esq.
HOLLAND & KNIGHT LLP
31 West 52nd Street, 12th Floor
New York, NY 10019
Phone: (212) 513-3200
Facsimile: (212) 385-9010
Email: mark.melodia@hklaw.com
- and -
Christopher Iaquinto, Esq.
10 St. James Avenue, 11th Floor
Boston, MA 02116
Phone: (617) 523-2700
Facsimile: (617) 523-6850
Email: christopher.iaquinto@hklaw.com
- and -
Talis C. Trevino, Esq.
1180 West Peachtree Street
Atlanta, GA 30309
Phone: (404) 817-8500
Facsimile: (404) 881-0470
Email: talis.trevino@hklaw.com
TORRID HOLDINGS: Breaches Fiduciary Duties, Morgado Suit Claims
---------------------------------------------------------------
ALLEGRA MORGADO, derivatively on behalf of nominal Defendant TORRID
HOLDINGS INC. v. LISA HARPER, ELIZABETH MUÑOZ, STEFAN L. KALUZNY,
DARY KOPELIOFF, THEOPHLIUS KILLION, VALERIA RICO NIKOLOV, MICHAEL
SHAFFER, and GEORGE WEHLITZ, and TORRID HOLDINGS INC. (Nominal
Defendant), Case No. 1:23-cv-00996-UNA (D. Del., Sept. 8, 2023) is
a shareholder derivative action brought on behalf of Torrid against
certain officers and members of the Company's Board for breaches of
their fiduciary duties between July 1, 2021, and December 8, 2022,
inclusive and violations of the federal securities laws caused by
the issuance of materially false and misleading statements in
connection with the Company's initial public offering.
According to the complaint, the statements have exposed the Company
to massive class-wide liability, as well as the expenditure of
substantial defense costs in connection with the Securities Class
Action. To generate investor interest in the IPO, Company insiders
issued false and misleading statements, touting Torrid's
"data-driven, low-risk merchandising" model and claiming that the
Company was resistant to industry-wide supply chain disruptions
caused by the COVID-19 pandemic. While the Individual Defendants
continued to mislead the public about Torrid's inventory management
issues, the truth gradually emerged through a series of partially
corrective disclosures beginning in December 2021. On December 9,
2022, the price of Torrid's stock had declined 84% from the IPO
price of $21 per share, says the suit.
In light of the breaches of fiduciary duty engaged in by the
Individual Defendants, most of whom are the Company's current
directors, their collective engagement in fraud, the substantial
likelihood of the directors' liability in this derivative action
and Defendants' liability in the Securities Class Action, their
being beholden to each other, their longstanding business and
personal relationships with each other, and their not being
disinterested and/or independent directors, a majority of Torrid's
Board cannot consider a demand to commence litigation against
themselves and the other Individual Defendants on behalf of the
Company with the requisite level of disinterestedness and
independence. Accordingly, the Plaintiff did not make a demand on
the Board because demand would be a futile and useless act, the
suit asserts.
The Plaintiff is a continuous shareholder of Torrid common stock.
Torrid is a fashion retailer that specializes in plus-size
apparel.[BN]
The Plaintiff is represented by:
Joshua H. Grabar, Esq.
GRABAR LAW OFFICES
One Liberty Place
1650 Market Street, Suite 3600
Philadelphia, PA 19103
Telephone: (267) 507-6085
E-mail: jgrabar@grabarlaw.com
- and -
Seth D. Rigrodsky, Esq.
Gina M. Serra, Esq.
Herbert W. Mondros, Esq.
RIGRODSKY LAW, P.A.
300 Delaware Avenue, Suite 210
Wilmington, DE 19801
Telephone: (302) 295-5310
Facsimile: (302) 654-7530
E-mail: sdr@rl-legal.com
gms@rl-legal.com
hwm@rl-legal.com
TRUMBULL INSURANCE: Parties Must File Joint Class Status Reports
----------------------------------------------------------------
In the class action lawsuit captioned as Grawe, et al., v. Trumbull
Insurance Company, Case No. 3:23-cv-00160 (D. Conn., Filed Feb. 8,
2023), the Hon. Judge Sarala V. Nagala entered an order directing
the parties to file joint status reports informing the Court:
(1) when oral argument is scheduled on the class certification
motion pending in the Ohio action, if argument is
scheduled;
and
(2) when the class certification motion is resolved by the Ohio
court.
These status reports shall be due no later than one week after the
events triggering them. If the class certification motion in the
Ohio action is resolved before the February 23, 2024, conclusion of
the stay of the present action, the Court may consider whether to
lift the stay sua sponte.
If the class certification motion in the Ohio action is not
resolved by the Feb. 23, 2024, conclusion of the stay in the
present action, the parties shall file a joint status report by
February 26, 2024, and that report shall propose either lifting the
stay or a reasonable extension of the stay. Either party may move
to lift the stay at any time.
The nature of suit states Diversity-Insurance Contract.
Trumbull provides fire and casualty insurance services.[CC]
TSCHETTER SULZER: Court Vacates Sept. 28 Final Pretrial Conference
------------------------------------------------------------------
In the class action lawsuit captioned as Warden v. Tschetter
Sulzer, P.C., Case No. 1:22-cv-00271 (D. Colo., Filed Jan. 31,
2022), the Hon. Judge Charlotte N. Sweeney entered an order
vacating the final pretrial conference set for Sept. 28, 2023 and
the deadline of Sept. 21, 2023 to file a proposed final pretrial
order.
-- The Final Pretrial Conference will be reset, if needed, once
class
certification briefing is set.
The suit alleges violation of the Fair Debt Collection Practices
Act involving consumer credit.
Tschetter is a full-service real estate law firm.[CC]
UNICE INC: Filing for Class Certification Bid Extended to Nov. 17
-----------------------------------------------------------------
In the class action lawsuit captioned as ORLANDO JONES, v. UNICE,
INC., Case No. 1:23-cv-00594-CCE-JEP (M.D.N.C.), the Hon. Judge Joi
Elizabeth Peake entered an order approving the parties' Joint Rule
26(f) Report.
-- The parties are directed to file a Local Rule 5.5 Report
within
14 days of the date of this Order.
-- The Plaintiff has until September 6, 2023, to file an Amended
Complaint in compliance with Local Rule 23.1.
-- The deadline for filing a Motion for Class Certification is
extended to November 17, 2023.
-- If the Motion for Class Certification is granted, the parties
must file, within 14 days thereafter, a Supplemental Rule
26(f)
Report addressing the remaining discovery deadlines in light
of
the schedule for class proceedings. If
A copy of the Court's order dated Aug. 23, 2023, is available from
PacerMonitor.com at https://bit.ly/489iKEw at no extra charge.[CC]
UNITED STATES: Mansor "TPS" Suit Seeks to Certify Rule 23 Class
---------------------------------------------------------------
In the class action lawsuit captioned as FAYEZ MANSOR, et al., v.
UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, et al., Case
No. 2:23-cv-00347-JLR (W.D. Wash.), the Hon. Judge James L. Robart
entered an order:
1. Certifying the following class pursuant to Rule 23(b)(2):
"All individuals who have submitted or will submit an initial
application establishing prima facie eligibility for
Temporary
Protected Status (TPS), who have not received a final
decision
on the TPS application, and who have not been issued
employment
authorization documentation incident to their pending TPS
application;"
2. Appointing Plaintiffs Fayez Mansor, Cabdi Ibrahim Xareed, and
Shukria Zafari as class representatives, and attorneys Matt
Adams, Aaron Korthius, and Glenda M. Aldana Madrid of the
Northwest Immigrant Rights Project, Marry Kenney, Trina
Realmuto, and Kristin Macleod-Ball of the National
Immigration
Litigation Alliance, and Ira J. Kurzban and Edward F. Ramos
of
Kurzban Kurzban Tetzeli & Pratt, P.A., as class counsel;
The court concludes that Plaintiffs have satisfied the requirements
of Rule 23(a) and 23(b)(2). The Plaintiffs have demonstrated that
(1) members of the proposed class are so numerous that joinder is
impracticable; (2) the class presents a common contention capable
of classwide resolution; (3) Plaintiffs' claims are typical of the
class; (4) Plaintiffs and their counsel will fairly and adequately
represent absent class members’ interests; and (5) Plaintiffs
allege that Defendants have acted or refused to act on grounds that
apply generally to the class.
The Plaintiffs are noncitizens from countries designated for TPS.
Each of the Plaintiffs has applied for TPS and employment
authorization and,with one exception, received receipt notices from
USCIS confirming their submission of complete applications.
The Plaintiffs assert that they meet the prima facie eligibility
criteria for TPS but, as of the filing of the complaint, had yet to
receive temporary employment authorization incident to their TPS
applications.
Afghanistan is currently designated for TPS. The Plaintiff Fayez
Mansor is a noncitizen from Afghanistan who applied for TPS on
February 21, 2023.
USCIS oversees immigration to the United States and approves (or
denies) immigrant petitions, and more.
A copy of the Court's order dated Aug. 25, 2023 is available from
PacerMonitor.com at https://bit.ly/3RfIDwg at no extra charge.[CC]
UNIVERSITY OF MINNESOTA: Fails to Secure Info, Seberson Says
------------------------------------------------------------
Andrea Seberson, on behalf of herself and all other similarly
situated v. University of Minnesota (UMN), Case No.
0:23-cv-02751-PJS-JFD (D. Minn., Sept. 8, 2023) sues the Defendant
for failing to implement reasonable security measures to safeguard
the Personally Identifying Information of students, employees,
applicants, and others affiliated with UMN.
On July 21, 2023, a hacker with a username "niggy" posted on the
dark web and claimed to have accessed UMN's database and obtained
sensitive information, including social security numbers, for over
seven million unique individuals. The hacker successfully breached
UMN's database, uncovering sensitive information dating back to
records initially created in 1989 and later digitized. In August
2023, the hacker "niggy" released millions of social security
numbers and other PII stolen from a UMN database.
On August 22, 2023, the UMN confirmed that it had contacted law
enforcement concerning a potential data breach of which it had
become aware on July 21, 2023. Specifically, representatives of UMN
stated that they became aware that an "unauthorized party" had
claimed to possess sensitive data taken from UMN's computer
systems.
Accordingly, UMN owed a duty to the Plaintiff and the members of
the Class to take reasonable care in managing and protecting the
sensitive data it solicited from the Plaintiff and the Class,
managed, and stored. As a direct and proximate result of UMN's
inadequate data security and the resulting data breach, the
Plaintiff and the Class have suffered, and will continue to suffer,
economic damages and other actual harms, including from:
(i) the untimely and inadequate notification of the Data
Breach,
(ii) the diminished value of their personal information;
(iii) the resulting immediate and continuing risk of future
damages caused by misuse of their PII,
(iv) the opportunity cost and value of lost time they must
spend to monitor their financial accounts and other
accounts;
(v) out-of-pocket expenses for securing identity theft
protection and other similar necessary services; and
(iv) emotional harm and distress from the exposure of their
sensitive records and the prolonged and heightened risk of
harm.
The Plaintiff, therefore, brings this Class Action Complaint
seeking relief for her injuries and those of persons who were
similarly impacted by the Data Breach and inadequate data
security.
Ms. Andrea Seberson is a citizen of Minnesota. She applied to
attend school as an undergraduate at UMN.
UMN is a public university with several campuses throughout the
State of Minnesota.[BN]
The Plaintiff is represented by:
Daniel E. Gustasfon, Esq.
David A. Goodwin, Esq.
Joseph E. Nelson, Esq.
GUSTAFSON GLUEK PLLC
Canadian Pacific Plaza
120 South 6th Street, Suite 2600
Minneapolis, MN 55402
Telephone: (612) 333-8844
E-mail: dgustafson@gustafsongluek.com
dgoodwin@gustafsongluek.com
jnelson@gustafsongluek.com
UNUM GROUP: Marks Sues Over Failure to Safeguard PII & PHI
----------------------------------------------------------
Kyle Marks, on behalf of himself and all others similarly situated
v. UNUM GROUP, Case No. 1:23-cv-00181-CEA-CHS (E.D. Tenn., Aug. 17,
2023), is brought against Defendant for its failure to properly
secure and safeguard the Plaintiff's protected health information
and personally identifiable information stored within Defendant's
information network, including, without limitation, full names,
date of birth, Social Security number, individual tax
identification number, medical information, health insurance claim
information, policy information, financial information, and other
government issued identification numbers these types of
information, inter alia, being thereafter referred to,
collectively, as "protected health information" or "PHI" and
"personally identifiable information" or "PII").
The Plaintiff seek to hold Defendant responsible for 531,7323 the
harms it caused and will continue to cause Representative Plaintiff
and, at least, other similarly situated persons in the massive and
preventable cyberattack purportedly discovered by Defendant on June
1, 2023, in which cybercriminals infiltrated Defendant's
inadequately protected network servers and accessed highly
sensitive PHI/PII that being kept unprotected ("Data Breach").
While Defendant claims to have discovered the breach as early as
June 1, 2023, Defendant did not inform victims of the Data Breach
until August 9, 2023. Indeed, Representative Plaintiff and Class
Members were wholly unaware of the Data Breach until they received
letters from Defendant informing them of it.
The Defendant acquired, collected, and stored Representative
Plaintiff's and Class Members' PHI/PII. Therefore, Defendant knew
or should have known that Representative Plaintiff and Class
Members would use Defendant's services to store and/or share
sensitive data, including highly confidential PHI/PII. By
obtaining, collecting, using, and deriving a benefit from
Representative Plaintiff's and Class Members' PHI/PII, Defendant
assumed legal and equitable duties to those individuals. These
duties arise from HIPAA, other state and federal statutes and
regulations, and common law principles. Representative Plaintiff
does not bring claims in this action for direct violations of HIPAA
but charge Defendant with various legal violations merely
predicated upon the duties set forth in HIPAA.
The Defendant disregarded the rights of Representative Plaintiff
and Class Members by intentionally, willfully, recklessly, and/or
negligently failing to take and implement adequate and reasonable
measures to ensure that Representative Plaintiff's and Class
Members' PHI/PII was safeguarded, failing to take available steps
to prevent unauthorized disclosure of data and failing to follow
applicable, required and appropriate protocols, policies, and
procedures regarding the encryption of data, even for internal use.
As a result, Representative Plaintiff's and Class Members' PHI/PII
was compromised through disclosure to an unknown and unauthorized
third party—an undoubtedly nefarious third party seeking to
profit off this disclosure by defrauding Representative Plaintiff
and Class Members in the future, says the complaint.
The Plaintiff was notified via letter from the Defendant that his
PHI and/or PII had been accessed because of the Data Breach.
The Defendant is the largest disability insurer in the United
States.[BN]
The Plaintiff is represented by:
David A. McLaughlin, Esq.
901ATTORNEYS, LLC
200 Jefferson Avenue, Suite 900
Memphis, TN 38103
Phone: (901) 671-1551
Fax: (901) 671-1571
Email: David@901Attorneys.com
– and –
Daniel Srourian, Esq.
SROURIAN LAW FIRM, P.C.
3435 Wilshire Blvd., Suite 1710
Los Angeles, CA 90010
Phone: (213) 474-3800
Facsimile: (213) 471-4160
Email: daniel@slfla.com
USDA: Pride Files Suit in D. Columbia
-------------------------------------
A class action lawsuit has been filed against U.S. Department of
Agriculture (USDA), et al. The case is styled as Larry Pride,
Marvin Roddy, Victor Lee, Gary Harris, Chris Anderson, individually
and on behalf of all others similarly situated v. U.S. Department
of Agriculture; Farm Service Agency; Thomas J. Vilsack, in his
official capacity as Secretary of the U.S. Department of
Agriculture; ZACH DUCHENEAUX, in his official capacity as the
Administrator of the Farm Service Agency; Case No.
1:23-cv-02292-CKK (D.D.C., Aug. 8, 2023).
The nature of suit is stated as Other Civil Rights.
U.S. Department of Agriculture (USDA) -- https://www.usda.gov/ --
provides leadership on food, agriculture, natural resources, and
related issues.[BN]
The Plaintiff is represented by:
Colby Kingsbury, Esq.
FAEGRE DRINKER BIDDLE & REATH LLP
320 South Canal Street, Suite 3300
Chicago, IL 60606
Phone: (312) 212-6573
Fax: (312) 569-3000
Email: colby.kingsbury@faegredrinker.com
- and -
Craig S. Coleman, Esq.
Jonathan W. Dettmann, Esq.
FAEGRE DRINKER BIDDLE & REATH LLP
90 S. 7th St., Suite. 2200
Minneapolis, MN 55402
Phone: (612) 766-8862
Email: craig.coleman@faegredrinker.com
jon.dettmann@faegredrinker.com
- and -
Emanuel Lee McMiller, Esq.
FAEGRE DRINKER BIDDLE & REATH LLP
300 N. Meridian Street, Suite 2500
Indianapolis, IN 46204
Phone: (317) 237-1126
Fax: (317) 237-1000
Email: manny.mcmiller@faegredrinker.com
- and -
Gregg W. Mackuse, Esq.
FAEGRE DRINKER BIDDLE & REATH LLP
One Logan Square, Suite 2000
Philadelphia, PA 19103
Phone: (215) 988-2550
Email: gregg.mackuse@faegredrinker.com
- and -
Shaunda A. Patterson-Strachan, Esq.
FAEGRE DRINKER BIDDLE & REATH LLP
1500 K Street, N.W., Suite 1100
Washington, DC 20005-1209
Phone: (202) 230-5234
Fax: (202) 842-8465
Email: shaunda.pattersonstrachan@faegredrinker.com
VASSAR COLLEGE: Underpays Female Professors, Graham Claims
----------------------------------------------------------
WENDY GRAHAM, MARIA HOHN, MIA MASK, CINDY SCHWARZ, AND DEBRA
ZEIFMAN, on behalf of themselves and all others similarly situated,
Plaintiffs v. VASSAR COLLEGE, Defendant, Case No. 7:23-cv-07692
(S.D.N.Y., Aug. 30, 2023) is a class action against the Defendant
for discriminatory policies and practices in violation of Title
VII, the New York Equal Pay Law, and the New York State Human
Rights Law.
According to the complaint, female professors have internally
elevated concerns to the Vassar administration about unequal pay
within the College's ranks since at least as early as 2008, and
consistently since then. Instead of remedying its gender pay gap,
Vassar responded by decreasing the level of transparency about
faculty salaries, in an apparent attempt to mask its decades-long
pattern of underpaying of women. In so doing, Vassar stands in
stark contrast to the many employers to have heeded the nationwide
call to increase pay transparency. Vassar's turn toward opacity
would be problematic for any institution, let alone one that so
publicly claims to strive for equity and inclusion, says the suit.
Vassar also systematically delays the promotion of female
professors, including Plaintiffs, causing women to advance more
slowly through faculty ranks at the College. The College's
performance evaluation system, too, is marred by discrimination.
Vassar's College-wide compensation, promotion, and evaluation
policies, while facially neutral, have therefore had a disparate
impact on women, the suit alleges.
Vassar College is a private liberal arts college in Poughkeepsie,
New York, and was the second degree-granting institution of higher
education for women in the United States.[BN]
The Plaintiffs are represented by:
Rachel J. Geman, Esq.
LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
250 Hudson Street, 8th Floor
New York, NY 10013
Telephone: (212) 355-9500
Facsimile: (212) 355-9592
- and -
Kelly M. Dermody, Esq.
Anne B. Shaver, Esq.
Michelle A. Lamy, Esq.
LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
275 Battery Street, 29th Floor
San Francisco, CA 94111
Telephone: (415) 956-1000
- and -
Jessica R. Stender, Esq.
EQUAL RIGHTS ADVOCATES
611 Mission Street, 4th Floor
San Francisco, CA 94105
Telephone: (415) 575-2394
VENGROFF WILLIAMS: Evans Suit Removed to W.D. Washington
--------------------------------------------------------
The case captioned as Kevin Evans, on behalf of himself, and as a
representative of similarly situated persons v. VENGROFF WILLIAMS,
INC., and VWI SUBROGATION, INC., Case No. 23-2-14215-2 SEA was
removed from the Superior Court of Washington for King County, to
the United States District Court for the Western District of
Washington on Sept. 8, 2023, and assigned Case No. 2:23-cv-01393.
This is a civil action claiming under the Fair Debt Collection
Practices Act.[BN]
The Defendant is represented by:
Andrew D. Shafer, WSBA No. 9405
KETTER SHEPPARD & JACKSON, LLP
50-116th Ave., SE; Suite 201
Bellevue, WA 98004
Direct: 206.330.2054
Main: 206.382. 2600
Email: ashafer@sksp.com
VERIZON COMMUNICATIONS: Tiger Alleges Improper Lead Cables Disposal
-------------------------------------------------------------------
MARK TIGER, individually and on behalf of all others similarly
situated v. VERIZON COMMUNICATIONS INC., and VERIZON PENNSYLVANIA
LLC, Case No. 2:23-cv-01618 (W.D. Pa., Sept. 8, 2023) seeks relief
to remedy the harms caused by Defendants' negligent operation,
assessment, and disposal of a sprawling network of toxic
lead-sheathed telecommunications cable.
The Plaintiff contends that the Defendants' lead cables left in
place after they became outdated and obsolete, endangered -- and
endangers -- utility workers whose work brings them in constant
direct physical contact with these lead cables. Accordingly, the
Defendants' infrastructure includes a sprawling network of cables
covered in toxic lead: on poles overhead, in the soil, in
buildings, and underwater. The Defendants' failure to properly
assess and dispose of the cables and the lead that has leached off
the cables into the surrounding environment has caused a public
health crisis by unnecessarily exposing individuals in Pennsylvania
and other states to toxic lead, says the suit.
The Plaintiff and other Pennsylvania utility workers have been
exposed to lead from these toxic cables for years. That exposure
has significantly increased their risk of developing lead-related
health conditions, and thus they require a program of medical
surveillance to permit the earliest possible diagnosis of
illnesses, which could lead to improved outcomes, prolongation of
life, relief of pain, and minimization of disability, the Plaintiff
alleges.
The Plaintiff, individually and on behalf of the Class, seeks two
forms of relief: (1) medical monitoring to permit early detection
of future lead-related conditions, and (2) abatement to remove and
properly dispose of the lead-sheathed cables in Pennsylvania and
surrounding lead contamination.
From 2019 to 2020, Mr. Tiger was an employee of Figure 8
Communications, where he worked as a utility worker. During that
time, he regularly worked with and around Verizon's lead-sheathed
cables, including their aerial cables, in Pittsburgh and other
territories.
Verizon owns and operates telecommunications networks in
Pennsylvania and elsewhere.[BN]
The Plaintiff is represented by:
Scott A. George, Esq.
Christopher L. Ayers, Esq.
Christopher A. Seeger, Esq.
David R. Buchanan, Esq.
Nigel P. Halliday, Esq.
SEEGER WEISS LLP
325 Chestnut Street, Suite 917
Philadelphia, PA 19106
Telephone: (215) 564-2300
E-mail: sgeorge@seegerweiss.com
cayers@seegerweiss.com
cseeger@seegerweiss.com
dbuchanan@seegerweiss.com
nhalliday@seegerweiss.com
- and -
Eric S. Dwoskin, Esq.
Nicholas F. Wasdin, Esq.
DWOSKIN WASDIN LLP
433 Plaza Real, Suite 275
Boca Raton, FL 33432
Telephone: (561) 849-8060
E-mail: edwoskin@dwowas.com
nwasdin@dwowas.com
VERRICA PHARMACEUTICALS: Faces Gorlamari Securities Suit
---------------------------------------------------------
Verrica Pharmaceuticals Inc. disclosed in its Form 10-Q for the
quarterly period ended June 30, 2023, filed with the Securities and
Exchange Commission on August 8, 2023, that that it is facing a
putative class action complaint filed on June 6, 2022 by Kranthi
Gorlamari captioned "Gorlamari v. Verrica Pharmaceuticals Inc., et
al.," in the U.S. District Court for the Eastern District of
Pennsylvania. Gorlamari filed an amended complaint on January 12,
2023.
An amended complaint alleged that defendants violated federal
securities laws by, among other things, failing to disclose certain
manufacturing deficiencies at the facility where the company's
contract manufacturer produced bulk solution for the "VP-102" drug
device for the treatment of molluscum. It claims that such
deficiencies posed a risk to the prospects for its regulatory
approval. Complaint seeks unspecified compensatory damages and
other relief on behalf of persons and entities which purchased or
otherwise acquired company securities between May 19, 2021 and May
24, 2022.
On April 5, 2023, the defendants filed a motion to dismiss the
amended complaint. The litigation is still in the early stages.
Verrica Pharmaceuticals Inc. is a dermatology therapeutics company
developing medications for skin diseases requiring medical
intervention.
WAN FU: Chien FLSA Suit Seeks Collective Action Status
------------------------------------------------------
In the class action lawsuit captioned as JOE CHIEN on his own
behalf and on behalf of others similarly situated, v. WAN FU YUAN,
INC. d/b/a Hunan Taste, FBGM INC. d/b/a Hunan Taste, MEI LI HSIUNG,
administrator of the Estate of Joseph Hsiung a/k/a Mei-Li Hsiung
a/k/a Mei-Li Hsuing a/k/a Mary Hsuing, MEI LI HSIUNG a/k/a Mei-Li
Hsiung a/k/a Mei-Li Hsuing a/k/a Mary Hsuing, and DAVID HSIUNG,
Case No. 2:22-cv-05527-ES-JSA (D.N.J.), the Plaintiff asks the
Court to enter an order:
(1) Granting collective action status, under the Fair Labor
Standards Act ("FLSA"), 29 U.S.C. section 216(b);
(2) Directing the Defendants within 14 days of the entry of this
Order to produce an Excel spreadsheet containing first and
last
name, last known address with apartment number (if
applicable),
the last known telephone numbers, last known e-mail
addresses,
WhatsApp, WeChat ID and/or FaceBook usernames (if
applicable),
and work location, dates of employment and position of
"ALL current and former non-exempt and non-managerial
employees
employed at any time from September 13, 2019 (three (3)
years
prior to the filing of the Complaint) to the date when the
Court so-orders the Notice of Pendency and Consent to Join
Form
or the date when Defendants provide the name list, whichever
is
later;"
(3) Authorizing that notice of this matter be disseminated, in
any
relevant language via mail, email, text message, website or
social media messages, chats, or posts, to all members of
the
putative class within 21 days after receipt of a complete
and
accurate Excel spreadsheet with affidavit from Defendants
certifying that the list is complete and from existing
employment records;"
(4) Authorizing an opt-in period of ninety (90) days from the
day
of dissemination of the notice and its translation;
(5) Authorizing the Plaintiff to publish the full opt-in notice
on
Plaintiffs' counsel’s website;
(6) Authorizing the publication of a short form of the notice
may
also be published to social media groups specifically
targeting
the Chinese-speaking American immigrant worker community;
(7) Directing the Defendants to post the approved Proposed
Notice
in all relevant languages, in conspicuous and unobstructed
locations likely to be seen by all currently employed
members
of the collective, and the notice shall remain posted
throughout the opt-in period, at the workplace;
(8) Directing the Plaintiffs to publish the Notice of Pendency,
in
an abbreviated form to be approved by the Court, at
Defendants'
expense by social media and by publication in newspaper
should
Defendants fail to furnish a complete Excel list or more
than
20% of the Notice be returned as undeliverable with no
forwarding address to be published in English, and Chinese;
(9) Directing the equitable tolling on the statute of limitation
on
the suit be tolled for 90 days until the expiration of the
Opt-
in Period;
(10) Permitting discovery of class information of all potential
collective and class members in a bid to determining whether
the case may proceed as a class action pursuant to Rule
23(a)
and (b)(3) of the Federal Rules of Civil Procedure;
(11) Granting leave to amend the Complaint pursuant to Rule
15(a)(2)
and 21 of the Federal Rules of Civil Procedure in
anticipation
of adding opt-in plaintiff(s) and allegations pertaining to
putative opt-in plaintiff(s)' New Jersey Wage and Hour Law
("NJWHL") claims; and
(12) Granting such other and further relief as the Court deems.
A copy of the Plaintiffs' motion dated Aug. 25, 2023 is available
from PacerMonitor.com at https://bit.ly/460r9bs at no extra
charge.[CC]
The Plaintiffs are represented by:
Aaron Schweitzer, Esq.
Tiffany Troy, Esq.
TROY LAW, PLLC
41-25 Kissena Boulevard Suite 110
Flushing, NY 11355
Telephone: (718) 762-132
WANRONG TRADING: Settlement Class in Zhu Gets Conditional Status
----------------------------------------------------------------
In the class action lawsuit captioned as LI ZHEN ZHU, on behalf of
herself and others similarly situated, v. WANRONG TRADING CORP.,
TAI HE TRADING CORP., YI ANG SHAO, XIANG QI CHEN, MING REN XU, and
TAO TAO REN, Case No. 1:18-cv-00417-ENV-MMH (E.D.N.Y.), the the
Hon. Judge Marcia M. Henry entered an order:
-- Conditionally certifying settlement class,
-- Granting Preliminary approval to proposed class settlement
and plan of allocation,
-- Directing dissemination of notice and related material to the
class, and setting date for fairness hearing and related
dates.
On September 7, 2023, the Defendants will provide the Claims
Administrator and Class counsel with the information regarding
Class members in accordance with the Settlement Agreement.
Any Class Member who does not opt out will qualify for payment and
will be sent a check containing their distribution of the
Settlement after final approval of the Settlement.
The Defendants have agreed to not oppose, for settlement purposes
only, conditional certification under Federal Rules of Civil
Procedure 23(a) and 23(b)(3), of the following settlement class:
"Plaintiffs and all other current and former employees not
exempt
form receiving overtime, who workd for Defendants at the Plants
[i.e., the following meatpacking plants and allied facilities in
New York City operated by Defendants at: 32-33 Hunters Point
Avenue, Long Island City, NY 11101; 32-35 Hunters Point Avenue,
Long Island City, NY 11101; and 48-43 32nd Place, Long Island
City,
NY 11101] at any time from March 11, 2012 through March 11,
2022,
and who do not opt-out of the Litigation as explained below,
amounting to approximately 240 Class Members."
A copy of the Court's order dated Aug. 24, 2023, is available from
PacerMonitor.com at https://bit.ly/3Zgdfjh at no extra charge.[CC]
WASHINGTON, DC: Smith Seeks Initial OK of Class Settlement
----------------------------------------------------------
In the class action lawsuit captioned as MAGGIE SMITH, et al., v.
GOVERNMENT OF THE DISTRICT OF COLUMBIA, Case No. 1:15-cv-00737-RCL
(D.D.C.), the Plaintiffs ask the Court to enter an order granting
their motion for preliminary approval of class action settlement.
-- Settlement Class Member means each person who:
(i) in the period from May 15, 2012 (three years before
the
date of filing of the original complaint in this
case)
until October 10, 2014;
(ii) was arrested or prosecuted, or whose prosecution
started
before the Class Period and continued during and
after
the Class Period;
(iii) in the District of Columbia; (iv) for a violation of
any
of the District's gun control laws;
(v) outside their home or place of business; except that
the
following groups of people are excluded from the
class:
1) persons who were convicted of a felony before their
arrests or prosecutions;
2) persons who were convicted of a domestic violence
misdemeanor within the five-year period before
their
arrests or prosecutions;
3) persons who were subject to a judicial order
compelling them to relinquish any firearms in their
possession or barring them from possessing any
firearms at the time of their arrests or
prosecutions;
and
4) persons who were convicted of at least one felony
or
violent misdemeanor charge arising out of the
arrest.
-- Settlement Amount
The District has agreed to pay Five Million One Hundred
Thousand
Dollars and Zero Cents $5,100,000.00) ("the Settlement
Amount"),
which is divided as follows:
a. $2,504,190.11 to be paid to the Settlement Class members
("SCM
Fund");
b. $300,000.00 for payment to the class representatives to pay
their claims and for their special assistance in the case.
Of
that amount, each Settlement Class representative will
receive
$50,000 as a combined damages and incentive award;
c. $100,000.00 for sending notice to Class Members and the other
costs of administering the class settlement;
d. $1,900,000.00 to Class Counsel for attorney's fees;
e. $295,809.89 for Litigation Expenses for costs incurred by
Plaintiffs' counsel.
The Plaintiff Smith filed the case as a single plaintiff complaint
for money damages on May 15, 2015. Ms. Smith later twice amended
the complaint by adding several plaintiffs and several claims and
adding class action allegations.
A copy of the Court's order dated Aug. 25, 2023 is available from
PacerMonitor.com at https://bit.ly/3Rcmz5V at no extra charge.[CC]
The Plaintiffs are represented by:
William Claiborne
THE CLAIBORNE FIRM, P.C.
717 D Street, NW, Suite 300
Washington, D.C. 20004
Telephone: (202) 824-0700
E-mail: claibornelaw@gmail.com
WEST VILLAGE: Filing for FLSA Collective Status Modified to Dec. 6
------------------------------------------------------------------
In the class action lawsuit captioned as ADRIANA KALOSHI, et al.,
v. WEST VILLAGE OASIS, INC., et al., Case No. 1:22-cv-04593-ALC-BCM
(S.D.N.Y.), the Hon. Judge Barbara Moses entered a modified case
management order.
1. All remaining fact discovery, including depositions, shall be
completed no later than November 22, 2023.
2. All discovery shall be completed no later than November 22,
2023.
3. Any motions to certify a Fair Labor Standards Act (FLSA)
collective or a class action pursuant to Rule 23 shall be
filed
no later than December 6, 2023.
4. If a collective or class certification motion is made and
granted, the Court will consider a timely request by
defendants
for targeted discovery addressed to the opt-in plaintiffs or
to
a sampling of class members.
5. Judge Moses will conduct a status conference on November 8,
2023, at 10:00 a.m. No later than November 1, 2023, the
parties
shall submit a joint status letter outlining the progress of
discovery to date, as well as any settlement efforts, and
advising the Court of any scheduling issues.
In this action, filed on June 2, 2022, the two remaining plaintiffs
allege that the owners and operators of a restaurant in the East
Village, where they worked as waiters until late 2021,
(i) failed to pay them and other employees all of the wages
due
under FLSA;
(ii) failed to pay them and other employees all of the wages
due
under the New York Labor Law (NYLL); and
(iii) discriminated against them based on their sex, in
violation
of the New York City Human Rights Law. See generally
First
Amend.
The case is pled as a putative class action as to plaintiffs' NYLL
claims, and a putative collective action as to their FLSA claims.
However, plaintiffs apparently intend to prosecute their sex
discrimination claims individually, which could furnish grounds for
objections on typicality or adequacy grounds should these
plaintiffs seek appointment as class representatives pursuant to
Fed. R. Civ. P. 23. Discovery opened on February 1, 2023, and was
scheduled to close on July 7, 2023.
A copy of the Court's order dated Aug. 23, 2023, is available from
PacerMonitor.com at https://bit.ly/3Pvm6KG at no extra charge.[CC]
WESTERN WATER: Mendoza Suit Removed to E.D. California
------------------------------------------------------
The case captioned as Jose Mendoza, individually, and on behalf of
other members of the general public similarly situated v. WESTERN
WATER FEATURES INC., a California corporation, and DOES 1 through
25, inclusive, Case No. 23-CV-003977 was removed from the Superior
Court of the State of California, County of Sacramento, to the
United States District Court for the Eastern District of California
on Sept. 7, 2023, and assigned Case No. 2:23-at-00894.
The Plaintiff alleges, on behalf of himself and all others
similarly situated, nine total causes of action, seven of which are
for various violations of the California Labor Code, one of which
is for "Unfair Competition" under California Business & Professions
Code section 17200, and one of which is for "Violation of Cal.
Labor Code, et seq." The Labor Code violations underlying the
Fourth Cause of Action in the Complaint, and the rest period claims
underlying the Ninth Cause of Action, are "founded directly on
rights created by collective bargaining agreements."[BN]
The Defendant is represented by:
Aaron B. Silva, Esq.
Charles R. Hellstrom, Esq.
MURPHY AUSTIN ADAMS SCHOENFELD LLP
555 Capitol Mall, Suite 850
Sacramento, CA 95814
Phone: (916) 446-2300
Facsimile: (916) 503-4000
Email: asilva@murphyaustin.com
chellstrom@murphyaustin.com
WHITE GLOVE DELIVERY: De Anda Files Suit in Cal. Super. Ct.
-----------------------------------------------------------
A class action lawsuit has been filed against White Glove Delivery
of NCA Inc., et al. The case is styled as Celso De Anda,
individually and on behalf of all other similarly situated
employees v. White Glove Delivery of NCA Inc., Martin Davis, Case
No. STK-CV-UOE-2023-0009634 (Cal. Super. Ct., San Joaquin Cty.,
Sept. 8, 2023).
The case type is stated as "Unlimited Civil Other Employment."
White Glove Delivery NCA Inc. is an active interstate freight
carrier based out of Hollywood, Florida.[BN]
The Plaintiff is represented by:
Justin P. Rodriguez, Esq.
SHIMODA & RODRIGUEZ LAW, PC
9401 E Stockton Blvd., Ste. 120
Elk Grove, CA 95624-5050
Phone: 916-525-0716
Fax: 916-760-3733
Email: jrodriguez@shimodalaw.com
WHOLESALE ACCESSORY: Dawson Files ADA Suit in S.D. New York
-----------------------------------------------------------
A class action lawsuit has been filed against Wholesale Accessory
Market, Inc. The case is styled as Lashawn Dawson, on behalf of
himself and all others similarly situated v. Wholesale Accessory
Market, Inc., Case No. 1:23-cv-07951 (S.D.N.Y., Sept. 8, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Wholesale Accessory Market --
https://www.wholesaleaccessorymarket.com/ -- is dedicated to
bringing entrepreneurs the best prices in wholesale gifts,
clothing, home decor, and jewelry for their boutique or store.[BN]
The Plaintiff is represented by:
Gabriel Levy, Esq.
GABRIEL A. LEVY, P.C.
1129 Northern Blvd., Suite 404
Manhasset, NY 11030
Phone: (516) 287-3458
Email: glevy@glpcfirm.com
WRIGHT TREE SERVICE: McCullough Suit Removed to E.D. California
---------------------------------------------------------------
The case captioned as Jacob McCullough, individually, and on behalf
of other members of the general public similarly situated v. WRIGHT
TREE SERVICE, INC., Iowa corporation; WRIGHT TREE SERVICE OF THE
WEST, INC., an Iowa corporation; and DOES 1 through 100, inclusive,
Case No. 202839 was removed from the Superior Court of the State of
California in and for the County of Shasta, to the United States
District Court for the Eastern District of California on Sept. 7,
2023, and assigned Case No. 2:23-at-00896.
In his Complaint, Plaintiff asserts the following ten causes of
action on behalf of himself and a class of individuals he seeks to
represent: Unpaid Overtime; Unpaid Meal Period Premiums; Unpaid
Rest Period Premiums; Unpaid Minimum Wages; Final Wages Not Timely
Paid; Wages Not Timely Paid During Employment; Non-Compliant Wage
Statements; Failure To Keep Requisite Payroll Records; Unreimbursed
Business Expenses; and Violations of California Business &
Professions Code all in Violation of California Labor Code.[BN]
The Defendant is represented by:
Mia Farber, Esq.
JACKSON LEWIS P.C.
725 South Figueroa Street, Suite 2500
Los Angeles, CA 90017-5408
Phone: (213) 689-0404
Facsimile: (213) 689-0430
Email: Mia.Farber@jacksonlewis.com
- and -
Benjamin J. Schnayerson, Esq.
JACKSON LEWIS P.C.
50 California Street, 9th Floor
San Francisco, CA 94111-4615
Phone: (415) 394-9400
Facsimile: (415) 394-9401
Email: Ben.Schnayerson@jacksonlewis.com
- and -
Isabella L. Shin, Esq.
JACKSON LEWIS P.C.
160 W. Santa Clara St., Suite 400
San Jose, CA 95113
Phone: (408) 579-0404
Facsimile: (408) 454-0290
Email: Isabella.Shin@jacksonlewis.com
XAVIER BECERRA: Beitzel Files Suit in E.D. California
-----------------------------------------------------
A class action lawsuit has been filed against Xavier Becerra, et
al. The case is styled as George Beitzel, K.K., on behalf of
themselves and all others similarly situated v. Xavier Becerra,
Secretary of Health and Human Services, Case No. 2:23-at-00900
(E.D. Cal., Sept. 8, 2023).
The nature of suit is stated as Contract: Recovery Medicare.
Xavier Becerra is an American lawyer and politician serving as the
25th United States Secretary of Health and Human Services since
March 2021.[BN]
The Plaintiff is represented by:
Melissa Cheryl Brown, Esq.
COMMUNITY LEGAL SERVICES, MCGEORGE SCHOOL OF LAW
3200 Fifth Avenue
Sacramento, CA 95817
Phone: (916) 739-7378
Fax: (915) 739-7248
Email: mbrown1@pacific.edu
*********
S U B S C R I P T I O N I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
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USA, and Beard Group, Inc., Washington, D.C., USA. Rousel Elaine T.
Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L.
Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors.
Copyright 2023. All rights reserved. ISSN 1525-2272.
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