/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/231221.mbx C L A S S A C T I O N R E P O R T E R Thursday, December 21, 2023, Vol. 25, No. 255 Headlines A PLUS HOSPICE: Kumar Files Suit in Cal. Super. Ct. ADVANCE KIDS INC: Gilman Files Suit in Cal. Super. Ct. ALASKA AIRLINES: Creer Files Suit in Cal. Super. Ct. ALDERFER FAMILY: Spindel Sues Over Deceptive Marketing ALL TORT SOLUTIONS: Lyman Files TCPA Suit in S.D. Florida AMAS-ARMORY LLC: Suarez Files ADA Suit in S.D. New York AMNEAL PHARMACEUTICALS: Metformin Drug Causes Cancer, Hann Says ASCENSION HEALTH: Mcguire FLSA Suit Transferred to E.D. Missouri AVALONBAY COMMUNITIES: Glasner Suit Removed to C.D. California B&G FOODS: Talton Seeks to Recover Unpaid Overtime Wages BIDART DAIRY II: Barragan Files Suit in Cal. Super. Ct. BLAZE MEDIA: Garrity Sues Over Ticket Refund Misrepresentation CADENCE BANK: Marsh Suit Transferred to D. Massachusetts CADENCE BANK: Pratt Suit Transferred to D. Massachusetts CAPE COD HEALTHCARE: Somers Sues Over Breach Of Fiduciary Duties CARESOURCE CORP: Keenan Suit Transferred to D. Massachusetts CELESTE A. CONNORS: Rice Suit Removed to D. Hawaii CEO CREATIVE INC: Sancruzado Files TCPA Suit in S.D. Florida CHARTER COMMUNICATIONS: Gonzalez Suit Removed to M.D. Florida CHRISTOPHER & BANKS: Dalton Files ADA Suit in D. Minnesota CHW GROUP INC: Trauberman Files TCPA Suit in D. New Jersey CITY'S FINEST: Tolden Sues Over Unpaid Overtime Compensation COMAR HOLDING: Richison Sues Over Unpaid Overtime Compensation CONSUMER PROGRAM: Anderson Suit Removed to E.D. Washington CYPRESS VILLAGE: Pistone Sues to Recover Wages DANNIE E. WILLIAMS: Jefferson County Suit Removed to E.D. Missouri DATA MEDIA ASSOCIATES: Valdivia Suit Transferred to D. Mass. DATA MEDIA ASSOCIATES: Walsh Suit Transferred to D. Massachusetts DATACOMP APPRAISAL: Townsend Sues Over Conspiracy of Fixed Prices DATTO INC: Dinnerman Sues Over Improper Business Practices DAVE'S KILLER BREAD: Taylor Sues Over Deceptive Labeling EHANG HOLDINGS: Faces Pujo Suit Over Drop in Share Price ESURANCE INSURANCE: Kuffel Sues Over Debt Collection Practices F4L SPORTS INC: Dib Suit Removed to E.D. North Carolina FANTASIA TRADING: Sheppard Sues Over Illegal Biometric Collection FERGUSON FIRE: Gillies Suit Removed to E.D. California FIRST NATIONAL: Dyson Sues Over Illegal Debt Collection Practices FORD MOTOR: Chaney Suit Transferred to D. Massachusetts FRAMES FOR AMERICA: Suarez Files ADA Suit in S.D. New York FRITZ MANAGEMENT: Swiney Files ADA Suit in S.D. New York FT MARE DC: Court Vacates Order on Bid for Extension of Time GALLERY FURNITURE: Saunders Files ADA Suit in S.D. New York GIGACLOUD TECHNOLOGY: Villanueva Suit Transferred to S.D. New York GILEAD SCIENCES: Fust Suit Removed to E.D. California GRAHAM, NC: Bermudez-Bey Files Suit in M.D. North Carolina GREAT HEALTHWORKS: Faces Suit Over Mislabeled Dietary Supplement HAYWARD HOLDINGS: Heicklen Sues Over Breaches of Fiduciary Duties HIGHWOOD DELIVERY: Thomas Files Suit in Cal. Super. Ct. HIRSHLEIFERS INC: Liz Files ADA Suit in S.D. New York HISTORIC HOUSEPARTS: Liz Files ADA Suit in S.D. New York HONEYWELL INT'L: Reid Suit Transferred to W.D. North Carolina HUFSEY HOME SERVICES: Pinn Files TCPA Suit in N.D. Texas JILI INC: Fails to Pay Proper Wages, Shum Suit Alleges JOHN BALDWIN: IDOC Director Terminated as Party in Peters Suit JOHNSON & JOHNSON: Harrison Files Suit in E.D. Wisconsin JOHNSON & JOHNSON: Yousefzadeh Suit Transferred to E.D. New York KAZI FOODS: Valenzuela Sues Over Unpaid Minimum, Overtime Wages KELLERMEYER BERGENSONS: Rosas Files Suit in Cal. Super. Ct. L&R CONTRACTING: Romero Files Suit in Cal. Super. Ct. LANGETWINS WINE: Lionakis Files Suit in Cal. Super. Ct. LEE UNIVERSITY: Espinal Files ADA Suit in S.D. New York LLR INC: Court Tosses Van's Renewed Bid for Class Certification LUNDQUIST CONSULTING: Class Cert Filing Extended to March 14, 2024 LUXOTTICA OF AMERICA: Brave Optical Sues Over Price-Fixing Scheme MARION BODY: Durrant Sues Over Machine Operators' Unpaid Wages MERCEDES-BENZ GRAND: Garrison Alleges FTX Fraud Scheme, Conspiracy MIDWEST GAMING: Faces Glebiv Suit Over Unprotected Personal Info MILESTONE PROJECT: Rhodus Files FLSA Suit in E.D. Louisiana MOLONEY SECURITIES: Buckley Suit Removed to W.D. Missouri MONEY TREE MERCHANT: Vallesillo Files TCPA Suit in D. Nebraska NATIONAL CREDIT: Calcagno Files FDCPA Suit in S.D. Florida NATIONAL PRODUCT CARE: Anderson Suit Removed to E.D. Washington NATIONAL STUDENT: Evangelista Suit Transferred to D. Massachusetts NEC CORPORATION: Bertrand Files Suit in Cal. Super. Ct. NEOGENOMICS INC: Faces Kain Suit Over Breaches of Fiduciary Duties NES GLOBAL: Fails to Pay Overtime Pay, Johnson Alleges NEW YORK CARE: Slama Sues Over Home Health Aides' Unpaid OT NEW YORK UNIVERSITY: Suit Filed in S.D. New York NEW YORK, NY: Lowe Sues Over Unconstitutional Convictions NORDSTROM INC: Has Made Unsolicited Calls, McGee Suit Claims NSC HOLDINGS: Cariello Files Suit in N.D. Georgia PACIFIC OFFICE: Canfield Suit Removed to S.D. California PARAMOUNT GLOBAL: Adkins Sues Over Automatic Renewal Scheme PEOPLES GAS: Towns Sues Over Discriminatory Business Practices PIEDMONT HEALTHCARE: T.D. Sues Over Violation Privacy Rights PINNACLE COMMUNICATIONS: Shirazie Sues Over Clerks' Unpaid Wages POINT LOMA NAZARENE: Espinal Files ADA Suit in S.D. New York POINT LOMA NAZARENE: Riggins Files Suit in N.D. New York PORTFOLIO RECOVERY: Chen Files FDCPA Suit in C.D. California POSTMEDS INC: Siegel Sues Over Failure to Protect Personal Info PRIBUSS ENGINEERING: Peters Files Suit in Cal. Super. Ct. PROSPER MARKETPLACE: Settlement Reached in Securities Suit ROBLOX CORP: Faces Dekalb Securities Suit Over Parental Controls ROWDY BEVERAGE: Faces Lake Suit Over Mislabeled Energy Drinks SIGNIFY HEALTH: Has Made Unsolicited Calls, Abante Suit Claims SONY INTERACTIVE: Court Amends Class Cert Briefing Schedule SOUTHAMPTON, NY: Faces Alanson Suit Over Improper Permit Fees SUFFOLK COUNTY, NY: Doyle Files Suit in E.D. New York TARGET CORPORATION: Wilcox Sues Over Mislabeled Cinnamon Bars UNITED STATES: Etzenhouser Alleges Religious Bias in Vax Mandate WARREN GENERAL HOSPITAL: Goodard Files Suit in W.D. Pennsylvania WEST PENN: Spring Way Sues Over Artificially Inflated Commissions WISP INC: Illegally Tracks Users' Health Info, B.C. Suit Says ZEROED-IN TECHNOLOGIES: Biles Files Suit in M.D. Florida ZEROED-IN TECHNOLOGIES: Pierce Files Suit in M.D. Florida ZEROED-IN TECHNOLOGIES: Smith Files Suit in D. Maryland ZEROED-IN TECHNOLOGIES: Stanley Sues Over Failure to Secure PII ********* A PLUS HOSPICE: Kumar Files Suit in Cal. Super. Ct. --------------------------------------------------- A class action lawsuit has been filed against A Plus Hospice LLC, et al. The case is styled as Francis Kumar, and on behalf of all persons similarly situated v. A Plus Hospice LLC, et al., Case No. 23CV012695 (Cal. Super. Ct., Sacramento Cty., Dec. 4, 2023). A Plus Hospice LLC -- https://www.aplushospicecare.com/ -- provide in-home health care services across multiple service lines.[BN] ADVANCE KIDS INC: Gilman Files Suit in Cal. Super. Ct. ------------------------------------------------------ A class action lawsuit has been filed against Advance Kids, Inc., et al. The case is styled as Micha Gilman, on behalf of herself and all other similarly situated v. Advance Kids, Inc., et al., Case No. 23CV012605 (Cal. Super. Ct., Sacramento Cty., Dec. 1, 2023). Advance Kids -- https://www.advancekids.com/ -- is an education centre that provides residential, clinical, in-home, and day programs to people with an autism disorder.[BN] ALASKA AIRLINES: Creer Files Suit in Cal. Super. Ct. ---------------------------------------------------- A class action lawsuit has been filed against Alaska Airlines, Inc., et al. The case is styled as Michelle Creer, an individual, on behalf of herself and others similarly situated v. Alaska Airlines, Inc., Does 1 to 50, Inclusive, Case No. CGC23610836 (Cal. Super. Ct., San Francisco Cty., Dec. 6, 2023). The case type is stated as "Other Non-Exempt Complaints." Alaska Airlines -- https://www.alaskaair.com/ -- is a major American airline headquartered in SeaTac, Washington, within the Seattle metropolitan area.[BN] The Plaintiff is represented by: Alvin B. Lindsay, Esq. DAVID YEREMIAN & ASSOCIATES, INC. 2540 Foothill Blvd., Ste. 201 La Crescenta, CA 91214-4583 Phone: 818-230-8380 Fax: 818-230-0308 Email: alvin@yeremianlaw.com Website: www.yeremianlaw.com ALDERFER FAMILY: Spindel Sues Over Deceptive Marketing ------------------------------------------------------ Jeffrey Spindel, on behalf of himself and all others similarly situated v. ALDERFER FAMILY FARM LLC and ALDERFER POULTRY FARM, INC., 724 Harleysville Pike, Telford, PA 18969, Case No. 1:23-cv-08875 (E.D.N.Y., Dec. 1, 2023), is brought as a consumer protection case concerning deceptive marketing representations about shell eggs produced by Defendants Alderfer (the "Products"). Alderfer knows that consumers seek out and wish to purchase eggs laid by hens who have ample space to roam and outdoor access. Alderfer knows that consumers will pay more for such eggs than they will for eggs laid by hens who do not have ample space to roam and outdoor access, or will buy more of such eggs than they will buy of eggs laid by hens who do not have ample space to roam and outdoor access. To capture this growing market of consumers who wish to purchase eggs from hens who have ample space to roam, the packaging on Alderfer's eggs states that the eggs are produced from "cage free," "Free Roaming" hens. These statements lead consumers to believe that Alderfer's eggs are laid by "Free Roaming" hens who have ample space to roam, which includes access to the outdoors and natural ground cover--e.g., grass and dirt. Alderfer's "Free Roaming" claim is false, deceptive, and misleading. In fact, hens in Alderfer's supply chain are kept in densely packed barns and do not have meaningful access to the outdoors or natural ground cover. Hence, the hens do not have the ability to roam freely as understood by a reasonable consumer. By deceiving consumers about the nature and quality of the Products, Alderfer is able to sell a greater volume of the Products, to charge higher prices for the Products, and to take away market share from competing products, thereby increasing its own sales and profit. Consumers lack the information and knowledge necessary to determine whether Alderfer's eggs are sourced from hens who have outdoor access and ample space to roam or to know or ascertain the true quality and sourcing of the Products. As a result of its false and misleading labeling and advertising, and omissions of fact, Alderfer was and is able to sell the Products to consumers in the State of New York and throughout the Northeastern United States and to realize sizeable profits. Because Alderfer's labeling and advertising of the Products tend to mislead and are materially deceptive about the true nature and quality of the Products, Plaintiff brings this deceptive advertising case on behalf of a proposed Class of consumers who purchased the Products in New York during the Class Period, and seeks relief including actual damages, interest and reasonable attorneys' fees. Even today, members of the proposed Class are purchasing the misrepresented Products, and they will continue to do so unless Alderfer's conduct is stopped, costs, says the complaint. The Plaintiff purchased Alderfer's Products labeled "Free Roaming," approximately monthly, on multiple occasions, from several retailers in the New York. Alderfer is an egg company headquartered and incorporated in Pennsylvania.[BN] The Plaintiff is represented by: Kim E. Richman, Esq. Brooke Dekolf, Esq. RICHMAN LAW AND POLICY 1 Bridge Street, Suite 83 Irvington, NY 10533 Phone: (914) 693-2018 Email: krichman@richmanlawpolicy.com bdekolf@richmanlawpolicy.com - and - Piper Hoffman, Esq. ANIMAL OUTLOOK P.O. Box 9773 Washington, DC 20016 Phone: (347) 201-0177 Email: legal@animaloutlook.org ALL TORT SOLUTIONS: Lyman Files TCPA Suit in S.D. Florida --------------------------------------------------------- A class action lawsuit has been filed against All Tort Solutions, LLC. The case is styled as Maxx Lyman, individually and on behalf of all others similarly situated v. All Tort Solutions, LLC, Case No. 1:23-cv-24608-RKA (S.D. Fla., Dec. 6, 2023). The lawsuit is brought over alleged violation of the Telephone Consumer Protection Act for Restrictions of Use of Telephone Equipment. Lee University -- https://www.leeuniversity.edu/ -- is a private Christian university in Cleveland, Tennessee.[BN] The Plaintiff is represented by: Rachel E. Kaufman, Esq. KAUFMAN PA 400 NW 26th Street Miami, FL 33127 Phone: (305) 469-5881 Email: rachel@kaufmanpa.com - and - Avi Robert Kaufman, Esq. KAUFMAN P.A. 31 Samana Drive Miami, FL 33133 Phone: (305) 469-5881 Email: kaufman@kaufmanpa.com AMAS-ARMORY LLC: Suarez Files ADA Suit in S.D. New York ------------------------------------------------------- A class action lawsuit has been filed against Amas-Armory, LLC. The case is styled as Alvin Suarez, on behalf of himself and all others similarly situated v. Amas-Armory, LLC, Case No. 1:23-cv-10525-LGS (S.D.N.Y., Dec. 1, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Amas-Armory, LLC -- https://www.amas.net/ -- offers martial arts products, apparel, training gear, ect online from American Martial Arts Supply.[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 AMNEAL PHARMACEUTICALS: Metformin Drug Causes Cancer, Hann Says --------------------------------------------------------------- MICHAEL HANN, individually and on behalf of all others similarly situated, Plaintiff v. AMNEAL PHARMACEUTICALS OF NEW YORK, LLC; and AMNEAL PHARMACEUTICALS PVT. LTD., Defendants, Case No. 2:23-cv-22902 (D.N.J., Dec. 5, 2023) is a class action lawsuit regarding Defendants' manufacturing, distribution, and sale of the generic medication metformin that contains dangerously high levels of N-nitrosodimethylamine (NDMA), a carcinogenic and liver-damaging impurity. According to the complaint, the Defendants marketed metformin as a safe and effective product and has continued to do so. Contrary to the said assertions, the Defendants' products contain dangerously high levels of NDMA that would not be present if they were properly manufactured. The Plaintiff and the Class were injured by the full purchase price of their metformin medications. These medications are worthless, as they contain harmful levels of NDMA. As the medications expose users to NDMA well above the legal limit, the medications are not fit for human consumption, says the suit. AMNEAL PHARMACEUTICALS OF NEW YORK, LLC manufactures and supplies generic pharmaceuticals. The Company offers prescription pharmaceutical products in various forms including hormonal, potency formulations, soft gelatin capsules, tablets, liquids, and oral solids. [BN] The Plaintiff is represented by: James E. Cecchi, Esq. Donald Ecklund, Esq. Kevin G. Cooper, Esq. CARELLA, BYRNE, CECCHI, OLSTEIN, BRODY & AGNELLO, P.C. 5 Becker Farm Road Roseland, NJ 07068 Telephone: (973) 994-1700 Facsimile: (973) 994-1744 Email: jcecchi@carellabyrne.com decklund@carellabyrne.com kcooper@carellabyrne.com - and - Max S. Roberts, Esq. BURSOR & FISHER, P.A. 1330 Avenue of the Americas, 32nd Floor New York, NY 10019 Telephone: (646) 837-7150 Facsimile: (212) 989-9163 E-mail: mroberts@bursor.com - and – Ruben Honik, Esq. HONIK LLC 1515 Market Street, Ste. 1100 Philadelphia, PA 19102 Telephone (267) 435-1300 Email: rhonik@honiklaw.com - and - Jorge A. Mestre, Esq. RIVERO MESTRE LLP 2525 Ponce de Leon Blvd., Suite 1000 Miami, FL 33134 Telephone: (305) 445-2500 Email: jmestre@riveromestre.com ASCENSION HEALTH: Mcguire FLSA Suit Transferred to E.D. Missouri ---------------------------------------------------------------- The case styled as Jennifer Mcguire, individually and for others similarly situated v. ASCENSION HEALTH MINISTRY SERVICE CENTER, LLC, Case No. 1:23-cv-01785 was transferred from the U.S. District Court for the Southern District of Indiana, to the U.S. District Court for the Eastern District of Missouri on Dec. 5, 2023. The District Court Clerk assigned Case No. 4:23-cv-01552-MTS to the proceeding. The lawsuit is brought over alleged violation of the Fair Labor Standards Act. Ascension -- https://healthcare.ascension.org/ -- is one of the largest private healthcare systems in the United States.[BN] The Plaintiff is represented by: Andrew Dunlap, Esq. JOSEPHSON DUNLAP, LLP 11 Greenway Plaza, Suite 3050 Houston, TX 77046 Phone: 713-352-1100 Facsimile: 713-352-3300 Email: adunlap@mybackwages.com - and - Scott D. Gilchrist, Esq. COHEN & MALAD LLP One Indiana Square, Suite 1400 Indianapolis, IN 46204 Phone: (317) 636-6481 Fax: (317) 636-2593 Email: sgilchrist@cohenandmalad.com The Defendants are represented by: Michael W. Padgett, Esq. JACKSON LEWIS PC (Indianapolis) 211 N. Pennsylvania Street, Suite 1700 Indianapolis, IN 46204 Phone: (317) 489-6930 Fax: (317) 489-6931 Email: michael.padgett@jacksonlewis.com AVALONBAY COMMUNITIES: Glasner Suit Removed to C.D. California -------------------------------------------------------------- The case captioned as Christiana Glasner, on behalf of herself and similarly Aggrieved Employees v. AVALONBAY COMMUNITIES, INC., a Maryland Corporation doing business in California; and DOES 1 through 100, inclusive, Case No. 23STCV24222 was removed from the Superior Court for the State of California, County of Los Angeles, to the U.S. District Court for the Central District of California on Dec. 1, 2023, and assigned Case No. 2:23-cv-10132. The Complaint asserts the following causes of action Religious Harassment/Coercion; Religious Discrimination; Retaliation; Failure to Accommodate; Violation of FEHA – Failure to Take All Reasonable Steps Necessary to Prevent Discrimination from Occurring; Intentional Infliction of Emotional Distress; Failure to Provide Compliant Rest Periods; Wage Statement Penalties; Waiting Time Penalties; Violation of Unfair Competition Law; and Private Attorneys General Act.[BN] The Defendants are represented by: P. Dustin Bodaghi, Esq. Sharon S. Mequet, Esq. LITTLER MENDELSON, P.C. 18565 Jamboree Road, Suite 800 Irvine, CA 92612 Phone: 949.705.3071 Email: dbodaghi@littler.com smequet@littler.com B&G FOODS: Talton Seeks to Recover Unpaid Overtime Wages -------------------------------------------------------- JESSE TALTON, individually and on behalf of all others similarly situated v. B&G FOODS, INC., Case No. 2:23-cv-22691 (D.N.J., Nov. 28, 2023) seeks to recover unpaid overtime wages and other damages owed by B&G Foods to Plaintiff and similarly situated hourly workers pursuant to the Fair Labor Standards Act and the North Carolina violates the North Carolina Wage and Hour Act. Plaintiff Talton began working for B&G Foods in May 2022 as an hourly worker. He contends that B&G Foods failed to pay him and other hourly workers like him for all hours worked each week, including overtime. He further asserts that instead of paying him and other hourly workers for all of their time, B&G Foods regularly rounded down the time they worked. B&G Foods, Inc. is a food company with over 50 household brands.[BN] The Plaintiff is represented by: James E. Goodley, Esq. Ryan P. McCarthy, Esq. GOODLEY MCCARTHY LLC 1650 Market Street, Suite 3600 Philadelphia, PA 19103 Telephone: (215) 394-0541 E-mail: james@gmlaborlaw.com ryan@gmlaborlaw.com - and - Matthew S. Parmet, Esq. PARMET PC 2 Greenway Plaza, Ste. 250 Houston, TX 77046 Telephone: (713) 999-5228 E-mail: matt@parmet.law BIDART DAIRY II: Barragan Files Suit in Cal. Super. Ct. ------------------------------------------------------- A class action lawsuit has been filed against Bidart Dairy II, LLC, et al. The case is styled as Salvador Barragan, on behalf of all others similarly situated v. Bidart Dairy II, LLC, Case No. BCV-23-104032 (Cal. Super. Ct., San Francisco Cty., Dec. 4, 2023). The case type is stated as "Other Employment - Civil Unlimited." Bidart Dairy II, LLC is headquartered in the United States. The company's line of business includes operating farms that produce milk and other dairy products.[BN] The Plaintiff is represented by: Jonathan Melmed, Esq. MELMED LAW GROUP P.C. 1801 Century Park E, Ste. 850 Los Angeles, CA 90067-2346 Phone: 310-824-3828 Fax: 310-862-6851 Email: jm@melmedlaw.com BLAZE MEDIA: Garrity Sues Over Ticket Refund Misrepresentation -------------------------------------------------------------- ADRIAN CHIP GARRITTY, individually and on behalf of all others similarly situated, Plaintiff v. BLAZE MEDIA, L.L.C.; GLEN BECK; BILL O'REILY; BILL O'REILLY PRODUCTIONS, INC.; CARNIVAL CORPORATION; COSTA CRUISE LINES, INC.; PROJECT NEPTUNE, LLC D/B/A CRUISEBUILDER dba VACATIONBUILDER d/b/a LATTER DAY TRAVEL d/b/a JUNGLE REEF d/b/a WES COBOS, Defendants, Case No. 5:23-cv-05225-TLB (Ark. Cir., Benton Cty., Dec. 5, 2023) alleges that the Defendants misrepresented to the Plaintiff and the Class that there is a refund of the cost of ticket upon postponement of the cruise trip due to pandemic. The Plaintiff allege in the complaint that the Defendants misrepresented to the Plaintiff and the Class that the refund options were credits toward a different cruise. However, the refund options did not include flights, hotels, or the same ports as originally agreed. Three years after the initial postponement of the cruise, the Defendants cancelled the replacement trips offered in place of a refund. The cancellation ensured that no purchasers of Travel Guard insurance would receive the benefit of the insurance they purchased. The cancellation was also the end of any hope that ticket purchasers had of obtaining a replacement cruise, or any value for the extraordinary amounts they paid to the Defendants, says the suit. BLAZE MEDIA, L.L.C. is an American conservative media company. It was founded in 2018 as a result of a merger between TheBlaze and CRTV LLC. [BN] The Plaintiff is represented by: Scott Poynter, Esq. Daniel Holland, Esq. Clay Ellis, Esq. POYNTER LAW GROUP, PLLC 407 President Clinton Ave., Suite 201 Little Rock, AR 72201 Tel: (501) 812-3943 Email: scott@poynterlawgroup.com daniel@poynterlawgroup.com clay@poynterlawgroup.com CADENCE BANK: Marsh Suit Transferred to D. Massachusetts -------------------------------------------------------- The case captioned as Taylor Marsh, Wyatt Keenan, Individually and on behalf of all others similarly situated v. Cadence Bank, Case No. 1:23-cv-00136 was transferred from the U.S. District Court for the Northern District of Mississippi, to the U.S. District Court for the District of Massachusetts on Dec. 6, 2023. The District Court Clerk assigned Case No. 1:23-cv-12974-ADB to the proceeding. The nature of suit is stated as Other P.I. for Personal Injury. Cadence Bank -- https://cadencebank.com/ -- is a commercial bank with dual headquarters in Tupelo, Mississippi and Houston, Texas.[BN] The Plaintiffs are represented by: Robert B. McDuff, Esq. ROBERT B. MCDUFF, ATTORNEY 767 North Congress Street Jackson, MS 39202 Phone: (601) 969-0802 Email: rbm@mcdufflaw.com CADENCE BANK: Pratt Suit Transferred to D. Massachusetts -------------------------------------------------------- The case captioned as Tammy Pratt, on behalf of herself individually and on behalf of all others similarly situated v. Cadence Bank, Case No. 4:23-cv-03674 was transferred from the U.S. District Court for the Southern District of Texas, to the U.S. District Court for the District of Massachusetts on Dec. 6, 2023. The District Court Clerk assigned Case No. 1:23-cv-12996-ADB to the proceeding. The nature of suit is stated as Other P.I. for Contract Dispute. Cadence Bank -- https://cadencebank.com/ -- is a commercial bank with dual headquarters in Tupelo, Mississippi and Houston, Texas.[BN] The Plaintiff is represented by: Gary M. Klinger, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN LLC 227 W. Monroe Street, Suite 2100 Chicago, IL 60606 Phone: (866) 252-0878 Email: gklinger@milberg.com - and - Alexander Elliot Wolf, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC 5528 Shadow Crest Street Houston, TX 77096 Phone: (872) 365-7060 Fax: (865) 522-0049 Email: awolf@milberg.com The Defendants are represented by: Jared M. Slade, Esq. U.S. DEPARTMENT OF JUSTICE 950 Pennsylvania Avenue NW Room 7254 NWB Washington, DC 20530 Phone: (202) 305-4733 Fax: (202) 307-3961 Email: jared.slade@usdoj.gov CAPE COD HEALTHCARE: Somers Sues Over Breach Of Fiduciary Duties ---------------------------------------------------------------- Cassie Somers, on behalf of her retirement plan, herself, and other similarly situated individuals v. CAPE COD HEALTHCARE, INC. and JOHN and JANE DOES 1-10, Case No. 1:23-cv-12946 (D. Mass., Dec. 1, 2023), is brought against the Defendants for breach of their fiduciary duties and to remedy unlawful conduct, recover losses to the Plan, and obtain other appropriate relief as provided by the Employee Retirement Income Security Act of 1974 ("ERISA"). The Defendants have breached their fiduciary duties to the Plan in violation of the ERISA, to the detriment of the Plan, its participants, and its beneficiaries. The Defendants have failed to ensure that the over 6,000 participants in the Plan have had appropriate investment options—a substantial amount are invested in a fund that does not even return the inflation rate—and have failed to ensure that the fees they pay for plan services are reasonable—during the class period, participants paid as much as $90 for services indistinguishable from services for which participants in similar plans paid less than half that amount, says the complaint. The Plaintiff has been a participant of the retirement plan. The Defendants are fiduciaries of the retirement plan. The Plaintiff is represented by: Stephen Churchill, Esq. Osvaldo Vazquez, Esq. FAIR WORK, P.C. 192 South Street, Suite 450 Boston, MA 02111 Phone: (617) 607-3260 Fax: (617) 488-2261 Email: steve@fairworklaw.com oz@fairworklaw.com CARESOURCE CORP: Keenan Suit Transferred to D. Massachusetts ------------------------------------------------------------ The case captioned as Wyatt Keenan, Individually and on behalf of all others similarly situated v. CARESOURCE, CORP., CARESOURCE INDIANA, INC., Case No. 1:23-cv-01998 was transferred from the U.S. District Court for the Southern District of Indiana, to the U.S. District Court for the District of Massachusetts on Dec. 6, 2023. The District Court Clerk assigned Case No. 1:23-cv-12994-ADB to the proceeding. The nature of suit is stated as Other P.I. for Personal Injury. CareSource -- https://www.caresource.com/ -- offers a lifetime of health coverage to over 2.3 million members through plan offerings including Marketplace, Medicare products and Medicaid.[BN] The Plaintiffs are represented by: Jacob R. Cox, Esq. COX LAW OFFICE 1606 N. Delaware Street Indianapolis, IN 46202 Phone: (317) 884-8550 Email: jcox@coxlaw.org - and - Jason A. Shartzer, Esq. SHARTZER LAW FIRM LLC 156 E. Market Street 10th Floor, Suite 1000 Indianapolis, IN 46204 Phone: (317) 969-7600 Fax: (317) 969-7650 Email: jshartzer@shartzerlaw.com The Defendant is represented by: Kristopher N Kazmierczak Sally F. Zweig STOLL KEENON OGDEN PLLC 334 N. Senate Ave. Indianapolis, IN 46204 Phone: (317) 464-1100 Email: kkaz@skofirm.com sally.zweig@skofirm.com CELESTE A. CONNORS: Rice Suit Removed to D. Hawaii -------------------------------------------------- The case captioned as Christina Rice, derivatively on behalf of Hawaiian Electric Industries, Inc. and Hawaiian Electric Company, Inc. v. CELESTE A. CONNORS; SCOTT W.H. SEU; THOMAS B. FARGO, YOKO OTANI; ELISIA K. FLORES; RICHARD J. DAHL; PEGGY Y. FOWLER; MICHAEL J. KENNEDY; MICAH A. KANE; KEITH P. RUSSELL; WILLIAM JAMES SCILACCI, JR.; TIMOTHY E. JOHNS; JAMES A. AJELLO; SHELEE M. T. KIMURA; TAYNE S.Y. SEKIMURA; MARY E. KIPP; ALANA K. PAKKALA; TOBY B. TANIGUCHI; and DOES 1 through 50, inclusive, Defendants; and HAWAIIAN ELECTRIC INDUSTRIES, INC. and HAWAIIAN ELECTRIC COMPANY, INC., Nominal Defendants; Case No. 1CCV-23-0001181 was removed from the Circuit Court of the First Circuit, State of Hawai'i, to the U.S. District Court for the District Of Hawai'i on Dec. 6, 2023, and assigned Case No. 1:23-cv-00577. In this action, Plaintiff seeks to hold certain present and/or former officers and directors of HEI, and its subsidiary Hawaiian Electric Company, Inc. ("HECO"), liable for damages allegedly caused by the August 8, 2023 fire in Lahaina (the "Lahaina Fire").[BN] The Defendants are represented by: C. Michael Heihre, Esq. Michi Momose, Esq. Lisa K. Swartzfager, Esq. 1000 Bishop Street, Suite 1200 Honolulu, HI 96813-4212 Phone: (808) 521-9200 Fax: (808) 521-9210 Email: mheihre@cades.com mmomose@cades.com lswartzfager@cades.com CEO CREATIVE INC: Sancruzado Files TCPA Suit in S.D. Florida ------------------------------------------------------------ A class action lawsuit has been filed against Ceo Creative, Inc. The case is styled as Richard Sancruzado, individually and on behalf of all others similarly situated v. Ceo Creative, Inc., Case No. 1:23-cv-24555-XXXX (S.D. Fla., Dec. 1, 2023). The lawsuit is brought over alleged violation of the Telephone Consumer Protection Act for Restrictions of Use of Telephone Equipment. The CEO Creative -- https://theceocreative.com/ -- is a place to get great business resources and items.[BN] The Plaintiff appears pro se. The Defendant is represented by: Andrew John Shamis, Esq. SHAMIS & GENTILE P.A. 14 N.E. 1st Ave., Ste. 1205 Miami, FL 33132 Phone: (305) 479-2299 Fax: (786) 623-0915 Email: ashamis@sflinjuryattorneys.com CHARTER COMMUNICATIONS: Gonzalez Suit Removed to M.D. Florida ------------------------------------------------------------- The case styled as Jen Gonzalez, John Doe, Jane Doe, on behalf of themselves and all others similarly situated v. Charter Communications, Inc., Case No. 23-ca-015221 was removed from the Circuit Court of the Thirteenth Judicial Circuit, to the U.S. District Court for the Middle District of Florida on Oct. 23, 2023. The District Court Clerk assigned Case No. 8:23-cv-02409-WFJ-JSS to the proceeding. The nature of suit is stated as Other Contract. Charter Communications, Inc. -- http://corporate.charter.com/-- is an American telecommunications and mass media company with services branded as Spectrum.[BN] The Plaintiff is represented by: Amanda J. Allen, Esq. THE CONSUMER PROTECTION FIRM, PLLC SunTrust Financial Center 401 E Jackson St Ste 2340 Tampa, FL 33602 Phone: (813) 500-1500 Fax: (813) 435-2369 Email: Amanda@Theconsumerprotectionfirm.com - and - William Peerce Howard, Esq. THE CONSUMER PROTECTION FIRM 401 E Jackson Street Truist Place, Suite 2340 Tampa, FL 33602 Phone: (813) 500-1500 Fax: (813) 435-2369 Email: Billy@TheConsumerProtectionFirm.com The Defendant is represented by: Judson Damron Brown, Esq. Patrick Laurence Butler, Esq. KIRKLAND & ELLIS LLP 1301 Pennsylvania Avenue, N.W. Washington, DC 20004 Phone: (202) 389-5082 Email: judson.brown@kirkland.com Email: patrick.butler@kirkland.com - and - Patrick J. Fitzgerald, Esq. Ryan D. Watstein, Esq. WATSTEIN TEREPKA LLP 1055 Howell Mill Road, Suite 8th Floor Atlanta, GA 30318 Phone: (607) 372-5354 Email: alex@wtlaw.com ryan@wtlaw.com CHRISTOPHER & BANKS: Dalton Files ADA Suit in D. Minnesota ---------------------------------------------------------- A class action lawsuit has been filed against Christopher & Banks Corporation. The case is styled as Julie Dalton, individually and on behalf of all others similarly situated v. Christopher & Banks Corporation doing business as: Christopher & Banks, Case No. 0:23-cv-03742-ECT-DJF (D. Minn., Dec. 6, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Christopher & Banks -- https://www.christopherandbanks.com/ -- is an American retail company. Originally headquartered in the Minneapolis suburb of Plymouth, Minnesota, the chain specializes in women's clothing for the age 40-60 demographic.[BN] The Plaintiff is represented by: Jason D. Gustafson, Esq. Patrick W. Michenfelder, Esq. THRONDSET MICHENFELDER, LLC One Central Avenue West, Suite 203 St. Michael, MN 55376 Phone: (763) 515-6110 Email: jason@throndsetlaw.com pat@throndsetlaw.com CHW GROUP INC: Trauberman Files TCPA Suit in D. New Jersey ---------------------------------------------------------- A class action lawsuit has been filed against CHW Group, Inc. The case is styled as Kyle Trauberman, individually and on behalf of all others similarly situated v. CHW Group, Inc. doing business as: CHOICE HOME WARRANTY, Case No. 2:23-cv-22863-MEF-MAH (D.N.J., Dec. 4, 2023). The lawsuit is brought over alleged violation of the Telephone Consumer Protection Act for Restrictions of Use of Telephone Equipment. Choice Home Warranty -- https://www.choicehomewarranty.com/ -- offers two plans for customers, Basic and Total, that provide coverage for a variety of appliances and home systems.[BN] The Plaintiff is represented by: Ross H. Schmierer, Esq. KAZEROUNI LAW GROUP APC 3000 Atrium Way, Suite 200 Mount Laurel, NJ 08054 Phone: (800) 400-6808 Email: ryan@kazlg.com CITY'S FINEST: Tolden Sues Over Unpaid Overtime Compensation ------------------------------------------------------------ Lamar Tolden, on behalf of himself and all others similarly situated v. The City's Finest, LLC, and Charles R. Betts, individually, Case No. 4:23-cv-01535 (E.D. Mo., Dec. 1, 2023), is brought against the Defendants under state and federal law, specifically the Missouri Minimum Wage Law ("MMWL") and the Fair Labor Standards Act ("FLSA") for unpaid overtime compensation, and related penalties and damages. In 2023, the Plaintiff worked approximately 47 hours per week on average. Despite working substantial overtime, Defendants never paid the Plaintiff an overtime premium for his hours worked over 40 in a workweek. During his employment, many of the Plaintiff's co-workers informed him that Defendants did not pay them an overtime premium for working more than 40 hours in a workweek. During his employment, the Plaintiff inquired about Defendants' lack of overtime pay with Human Resources Manager Mitzi Morici. In response to his questions, HR Manager Mitzi Morici instructed the Plaintiff to ask TCF's owner, Defendant Charles R. Betts, to no avail. In 2023, the Plaintiff complained to his supervisor Security Manager Stephen Perkins about Defendants' failure to pay him an overtime premium for his hours worked over forty in a workweek, contrary to the requirements of the law. In response to this complaint, Mr. Perkins informed the Plaintiff that Defendants did not pay overtime to any of their employees because Defendants already compensated their employees at a high hourly rate, says the complaint. The Plaintiff was hired by the Defendants to work as an Armed Security Officer on June 30, 2022. The City's Finest is a limited liability company which provides security services to businesses.[BN] The Plaintiff is represented by: Philip E. Oliphant, Esq. THE CRONE LAW FIRM, PLC 88 Union Avenue, 14th Floor Memphis, TN 38103 Phone: 901.737.7740 Fax: 901.474.7926 Email: poliphant@cronelawfirmplc.com COMAR HOLDING: Richison Sues Over Unpaid Overtime Compensation -------------------------------------------------------------- Rhyan Richison, on behalf of herself and all others similarly situated v. COMAR HOLDING COMPANY, LLC, Case No. 2:23-cv-01628-BHL (E.D. Wis., Dec. 5, 2023), is brought pursuant to the Fair Labor Standards Act of 1938, as amended, ("FLSA"), and Wisconsin's Wage Payment and Collection Laws ("WWPCL") for purposes of obtaining relief under the FLSA and WWPCL for unpaid overtime compensation, unpaid straight time (regular) and/or agreed upon wages, liquidated damages, costs, attorneys' fees, declaratory and/or injunctive relief, and/or any such other relief the Court may deem appropriate. The Defendant operated an unlawful compensation system that deprived and failed to compensate Plaintiff and all other current and former hourly-paid, non-exempt employees for all hours worked and work performed each workweek, including at an overtime rate of pay for each hour worked in excess of 40 hours in a workweek, by failing to include all forms of non-discretionary compensation, such as monetary bonuses, premiums, incentives, awards, and/or other rewards and payments, in said employees' regular rates of pay for overtime calculation purposes, in violation of the FLSA and WWPCL. The Defendant's failure to compensate its hourly paid, non-exempt employees for compensable work performed each workweek, including but not limited to at an overtime rate of pay, was intentional, willful, and violated federal law as set forth in the FLSA and state law as set forth in the WWPCL, says the complaint. The Plaintiff was re-hired by the Defendant as an hourly-paid, non-exempt employee in the position of Operator in approximately July 2023. The Defendant owned, operated, and managed manufacturing plants, facilities, and/or locations in the State of Wisconsin.[BN] The Plaintiff is represented by: James A. Walcheske, Esq. Scott S. Luzi, Esq. David M. Potteiger, Esq. WALCHESKE & LUZI, LLC 235 N. Executive Drive, Suite 240 Brookfield, WI 53005 Phone: (262) 780-1953 Fax: (262) 565-6469 Email: jwalcheske@walcheskeluzi.com sluzi@walcheskeluzi.com dpotteiger@walcheskeluzi.com CONSUMER PROGRAM: Anderson Suit Removed to E.D. Washington ---------------------------------------------------------- The case styled as Lisa Anderson, an individual, on behalf of herself and all others similarly situated v. Consumer Program Administrators Inc. d.b.a. The Administrators of Consumer Programs, Virginia Surety Company Inc., Case No. 23-00002-04555-32 was removed from the Spokane County Superior Court, to the U.S. District Court for the Eastern District of Washington on Dec. 4, 2023. The District Court Clerk assigned Case No. 2:23-cv-00352-SAB to the proceeding. The nature of suit is stated as Insurance. Consumer Program Administrators Inc. is a business entity in Chicago, Illinois.[BN] The Plaintiff is represented by: Brian Cameron, Esq. Shayne Sutherland, Esq. CAMERON SUTHERLAND PLLC 421 W Riverside Avenue, Suite 660 Spokane, WA 99201 Phone: (509) 315-4507 Fax: (509) 315-4584 Email: bcameron@cameronsutherland.com ssutherland@cameronsutherland.com The Defendants are represented by: Allen W. Estes, III, Esq. GORDON REES SCULLY MANSUKHANI LLP 701 5th Avenue, Suite 2100 Seattle, WA 98104 Phone: (206) 695-5100 Email: aestes@grsm.com - and - William Michael Hughbanks, Esq. GORDON REES SCULLY MANSUKHANI 601 West 1st Avenue, Suite 1400 Spokane, WA 99201 Phone: (206) 714-2682 Email: whughbanks@grsm.com CYPRESS VILLAGE: Pistone Sues to Recover Wages ---------------------------------------------- John Pistone, an individual and on behalf of similarly situated Aggrieved Employees v. CYPRESS VILLAGE CONDOS, LLC, a California Limited Liability Company, MASTER PROPERTIES, an entity of unknown form, MASTER ELECTRONICS, an entity of unknown form, METTE LOMBARDO, an individual, and DOES 1 through 20, inclusive, Case No. 23STCV25765 (Cal. Super. Ct., Los Angles Cty., Oct. 23, 2023), is brought to recover wages, damages, penalties, attorneys' fees, litigation expenses, and costs of court under the provisions of the Labor Code. The Defendants failed to pay minimum wages; failed to furnish wage and hour statements; failed to maintain payroll records; failed to pay meal and rest period compensation; failed to pay wages in a timely manner; failed to pay overtime compensation; waiting time penalties; failed to indemnify/reimburse necessary expenditures incurred during discharge of work duties; unfair competition; wrongful termination; for civil penalties under the Labor Code Private Attorney General Act in violation of Labor Code, says the complaint. The Plaintiff began working for Defendants on or about October 6, 2022 as an on-site property manager and was terminated on or about July 18, 2023. CYPRES VILLAGE CONDOS, LLC was and is a California limited liability company.[BN] The Plaintiff is represented by: Jonathan P. LaCour, Esq. Lisa Noveck, Esq. Jameson Evans, Esq. Amanda M. Thompson, Esq. EMPLOYEES FIRST LABOR LAW P.C. 1 S. Fair Oaks Ave. Suite 200 Pasadena, CA 91105 Phone: (310) 853-3461 Facsimile: (949) 743-5442 Email: jonathanl@pierrelacour.com lisan@pierrelacour.com jamesone@pierrelacour.com amandat@pienelacour.com DANNIE E. WILLIAMS: Jefferson County Suit Removed to E.D. Missouri ------------------------------------------------------------------ The case captioned as Jefferson County, and others similarly situated v. DANNIE E. WILLIAMS, M.D., RICHARD S. SACKLER, M.D., CEPHALON, INC., TEVA PHARMACEUTICALS INDUSTRIES, LTD., TEVA PHARMACEUTICALS USA, INC., JANSSEN PHARMACEUTICALS, INC., JOHNSON & JOHNSON, ORTHO-MCNEIL- JANSSEN PHARMACEUTICALS, INC., JANSSEN PHARMACEUTICA, INC., NORAMCO, INC., DEPOMED, INC., ENDO HEALTH SOLUTIONS INC., ENDO PHARMACEUTICALS, INC., ALLERGAN PLC, WATSON LABORATORIES, INC., ACTAVIS PHARMA, INC., MALLINCKRODT, PLC, MALLINCKRODT LLC, SPECGX LLC, MYLAN PHARMACEUTICALS INC., CARDINAL HEALTH, INC., MCKESSON CORPORATION, AMERISOURCEBERGEN DRUG CORPORATION, AMERISOURCEBERGEN CORPORATION, HUNT FITZ DRUG, INC. D/B/A KELLER APOTHECARY, EXPRESS SCRIPTS PHARMACY INC., WAL-MART, INC., TARGET CORPORATION, WALGREEN COMPANY, MISSOURI CVS LLC, EXPRESS SCRIPTS HOLDING COMPANY, EXPRESS SCRIPTS, INC., CVS HEALTH CORPORATION, CAREMARKPCS HEALTH, LLC, CAREMARK, LLC, UNITEDHEALTH GROUP INCORPORATED, OPTUM, INC., OPTUMRX, INC. DELMAR PRIMARY CARE ASSOCIATES, LLC, and GURPREET S. PADDA, M.D., Case No. 20JE-CC00029 was removed from the Missouri Circuit Court, Twenty-Third Judicial Circuit, to the U.S. District Court for the Eastern District of Missouri on Dec. 1, 2023, and assigned Case No. 4:23-cv-01539. In this lawsuit, Plaintiff Jefferson County seeks to recover damages for costs allegedly incurred in the past, or that allegedly will be incurred in the future, as a result of prescription opioids dispensed in its community. The Plaintiff Jefferson County has sued various entities to recoup the "public costs" that the County claims it has expended "fighting the opioid epidemic." The defendants in this case originally included opioid manufacturers, distributors, retail pharmacies, and PBMs. The majority of defendants have settled with the County, leaving OptumRx and Express Scripts in the case.[BN] The Defendants are represented by: Bradley J. Schlozman, Esq. HINKLE LAW FIRM LLC 1617 North Waterfront Parkway, Suite 400 Wichita, KS 67206 Phone: (316) 267-2000 Fax: (316) 630-8466 Email: bschlozman@hinklaw.com - and - Daniel S. Simon, Esq. DANIEL SIMON LAW OFFICE 2635 S. Providence Rd. Suite 105 Columbia, MO 65203 Phone: (573) 256-8989 Fax: (573) 256-5044 Email: dan@dansimonlaw.com - and - Brian D. Boone, Esq. Emily C. McGowan, Esq. Brandon C.E. Springer, Esq. ALSTON & BIRD LLP 1120 S. Tryon St., #300 Charlotte, NC 28203 Phone: (704) 444-1000 Fax: (704) 444-1111 Email: brian.boone@alston.com emily.mcgowan@alston.com brandon.springer@alston.com - and - William H. Jordan, Esq. Caroline R. Strumph, Esq. Bradley Harder, Esq. ALSTON & BIRD LLP 1201 West Peachtree Street NW, Suite 4900 Atlanta, GA 30309 Phone: (404) 881-7000 Fax: (404) 881-7777 Email: bill.jordan@alston.com caroline.strumph@alston.com bradley.harder@alston.com - and - Kimberly K. Chemerinsky, Esq. Ethan J. Bond, Esq. ALSTON & BIRD LLP 333 South Hope Street, 16th Floor Los Angeles, CA 90071 Phone: (213) 576-1000 Fax: (213) 576-1100 Email: kim.chemerinsky@alston.com ethan.bond@alston.com - and - Jonathan G. Cooper, Esq. Olga M. Vieira, Esq. Erica L. Perdomo, Esq. QUINN EMANUEL URQUHART & SULLIVAN, LLP 1300 I St. NW, Suite 900 Washington, DC 20005 Phone: (202) 538-8000 Email: jonathancooper@quinnemanuel.com olgavieira@quinnemanuel.com ericaperdomo@quinnemanuel.com - and - Christopher J. Lang, Esq. NICHOLS LANG & HAMLIN, LLC 1795 Clarkson Road, Ste 230 Chesterfield, MO 63017 Phone: (314) 429-1515 Fax: (314) 428-9592 Email: chris@nlh-law.com DATA MEDIA ASSOCIATES: Valdivia Suit Transferred to D. Mass. ------------------------------------------------------------ The case captioned as Norma Valdivia, individually, and on behalf of all others similarly situated v. Data Media Associates, LLC, Case No. 1:23-cv-03904 was transferred from the U.S. District Court for the Northern District of Georgia, to the U.S. District Court for the District of Massachusetts on Dec. 6, 2023. The District Court Clerk assigned Case No. 1:23-cv-12976 to the proceeding. The nature of suit is stated as Other Contract for Breach of Fiduciary Duty. Data Media Associates -- https://www.dma.us/ -- is a business that provides payment solutions and other services to clients in the healthcare industry.[BN] The Plaintiff is represented by: Charles Andrew Childers, Esq. Michael Brandon Smith, Esq. CHILDERS, SCHLUETER & SMITH, LLC 1932 N. Druid Hills Road, Suite 100 Atlanta, GA 30319 Phone: (404) 419-9500 Email: achilders@cssfirm.com bsmith@cssfirm.com - and - Daniel Srourian, Esq. DANIEL SROURIAN 3435 Wilshire Blvd., Suite 1710 Los Angeles, CA 90010 Phone: (213) 474-3800 Email: daniel@slfla.com The Defendant is represented by: Christopher A. Wiech, Esq. BAKER & HOSTETLER LLP 1170 Peachtree St NE, Suite 2400 Atlanta, GA 30309 Phone: (404) 946-9814 Email: cwiech@bakerlaw.com DATA MEDIA ASSOCIATES: Walsh Suit Transferred to D. Massachusetts ----------------------------------------------------------------- The case captioned as Lily Walsh, on behalf of herself and all others similarly situated v. Data Media Associates, LLC, Case No. 1:23-cv-04484 was transferred from the U.S. District Court for the Northern District of Georgia, to the U.S. District Court for the District of Massachusetts on Dec. 6, 2023. The District Court Clerk assigned Case No. 1:23-cv-12977-ADB to the proceeding. The nature of suit is stated as Other Contract for Breach of Fiduciary Duty. Data Media Associates -- https://www.dma.us/ -- is a business that provides payment solutions and other services to clients in the healthcare industry.[BN] The Plaintiff is represented by: Brittany Resch, Esq. Raina C. Borrelli, Esq. Samuel J. Strauss, Esq. Turke & Strauss, LLP -WI 613 Williamson Street, Suite 201 Madison, WI 53703 Phone: (608) 237-1775 Email: raina@turkestrauss.com sam@turkestrauss.com - and - Michael Brandon Smith CHILDERS, SCHLUETER & SMITH, LLC 1932 North Druid Hills Road, Suite 100 Atlanta, GA 30319 Phone: (404) 419-9500 Email: bsmith@cssfirm.com The Defendant is represented by: Christopher A. Wiech, Esq. BAKER & HOSTETLER LLP 1170 Peachtree St NE, Suite 2400 Atlanta, GA 30309 Phone: (404) 946-9814 Email: cwiech@bakerlaw.com DATACOMP APPRAISAL: Townsend Sues Over Conspiracy of Fixed Prices ----------------------------------------------------------------- Gregg Townsend, individually and on behalf of all others similarly situated v. DATACOMP APPRAISAL SYSTEMS, INC.; EQUITY LIFESTYLE PROPERTIES, INC.; HOMETOWN AMERICA MANAGEMENT, L.L.C.; LAKESHORE COMMUNITIES, INC.; SUN COMMUNITIES, INC.; RHP PROPERTIES, INC.; YES! COMMUNITIES, INC.; INSPIRE COMMUNITIES, L.L.C.; KINGSLEY MANAGEMENT, CORP.; and CAL-AM PROPERTIES, INC., Case No. 1:23-cv-16462 (N.D. Ill., Dec. 4, 2023), is brought arises from Defendants' conspiracy to fix, raise, maintain, and/or stabilize manufactured home lot rental prices. The Defendants are Datacomp and several large owners of manufactured home communities that use Datacomp's reports to coordinate their prices by sharing non-public, competitively sensitive information about manufactured home lot rental prices and occupancy, among other things, throughout the United States. The Defendants YES! Communities, Inspire Communities, ELS, Hometown America, Lakeshore, Sun Communities, RHP, Kingsley, and Cal-Am (together referred to as "Manufactured Home Community Defendants") are manufactured home community owners. They are part of a recent trend of large corporate owners who have acquired manufactured home communities across the United States to grow large portfolios of home sites. After acquiring the communities, these buyers have implemented aggressive annual rent increases on their manufactured home lots, which has caused significant burdens on manufactured home residents. The Plaintiff brings this antitrust class action lawsuit on behalf of himself and a nationwide Class of all similarly situated persons and entities who paid rent for a manufactured home lot located in a manufactured home community that was included in a JLT Market Report between August 31, 2019, and the present (the "Relevant Time Period"). Because of Defendants' violations of Section 1 of the Sherman Act and common law, Plaintiff and members of the Class were injured by paying significant overcharges on manufactured home lot rents throughout the United States. As a result of Defendants' conspiracy, two of society's most vulnerable groups--the elderly and low-income earners--face considerable financial pressures. The effect of Defendants' conspiracy has been devasting to manufactured home residents. If Defendants are permitted to continue their anticompetitive scheme, Plaintiff and members of the Class will continue to pay supracompetitive rents for manufactured home lots. Plaintiff brings this action to seek damages and permanently enjoin Defendants' ongoing efforts to coordinate their prices by sharing competitively sensitive information for manufactured home lots, says the complaint. The Plaintiff rented a manufactured home lot located in a manufactured home community named Shelby West. Datacomp is the nation's largest provider of manufactured and mobile home data.[BN] The Plaintiff is represented by: Kimberly A. Justice, Esq. FREED KANNER LONDON & MILLEN LLC 923 Fayette Street Conshohocken, PA 19428 Phone: (610) 234-6487 Facsimile: (224) 632-4521 Email: kjustice@fklmlaw.com - and - Michael Moskovitz, Esq. Robert Wozniak, Esq. Nia-Imara Barberousse Binns, Esq. FREED KANNER LONDON & MILLEN LLC 100 Tri-State Dr, 128 Lincolnshire, IL 60069 Phone: (224) 632-4500 Facsimile: (224) 632-4521 Email: mmoskovitz@fklmlaw.com rwozniak@fklmlaw.com nbinns@fklmlaw.com - and - Garrett D. Blanchfield, Esq. Brant D. Penney, Esq. REINHARDT WENDORF & BLANCHFIELD 222 So. 9th Street, Suite 1600 Minneapolis, MN 55402 Phone: (651) 287-2100 Email: g.blanchfield@rwblawfirm.com b.penney@rwblawfirm.com DATTO INC: Dinnerman Sues Over Improper Business Practices ---------------------------------------------------------- JOSHUA DAVID DINNERMAN; PAUL FEINBERG; PACIFIC INFORMATION TECHNOLOGIES; PACIFIC BUSINESS KK; and TECHNOLOGY DESIGN SYSTEMS, LTD., individually and on behalf of all others similarly situated, Plaintiffs v. DATTO, INC.; and OPEN MESH, INC., Defendants, Case No. 8:23-cv-02301 (C.D. Cal., Dec. 6, 2023) alleges violation of the Magnuson-Moss Warranty Act. The Plaintiffs allege in the complaint, that the Defendants promoted false advertising upon purchasing OPEN MESH devices and did not provide the features that were promised unless consumers agreed to pay a monthly maintenance fee for a cloud license to continue receiving the promised benefits and features. As a direct and proximate result of the Defendants' business scheme, the Plaintiffs and the Class Members lost out on significant investments and prospective profits to their damage, says the suit. DATTO, INC. provides information technology services. The Company offers data backup and recovery, business continuity, virtualization, cloud storage, and networking solutions. Datto also provides servers, networking appliances, switches, and devices. [BN] The Plaintiff is represented by: Gary R. Carlin, Esq. LAW OFFICES OF GARY R. CARLIN, APC 301 East Ocean Blvd., Suite 1550 Long Beach, CA 90802 Telephone: (562) 432-8933 Facsimile: (562) 435-1656 DAVE'S KILLER BREAD: Taylor Sues Over Deceptive Labeling -------------------------------------------------------- Megan Taylor, as an individual, on behalf of herself, the general public and those similarly situated v. DAVE'S KILLER BREAD, INC., FLOWERS FOODS, INC. and FLOWERS BAKERIES, LLC, Case No. 1:23-cv-16439 (N.D. Ill., Dec. 1, 2023), is brought against Defendants Dave's Killer Bread, Inc., Flowers Foods, Inc., and Flowers Bakeries, LLC (collectively, "Defendants") to seek redress for their unlawful and deceptive practices in labeling and marketing their consumer food products sold under the brand name Dave's Killer Bread. Consumers are increasingly health conscious and, as a result, many consumers seek foods high in protein. To capitalize on this trend, Defendants prominently label many of their consumer food products with claims that the products provide a specific amount of protein per serving, such as "5g PROTEIN" on the front labels of Dave's Killer Bread 21 Whole Grains and Seeds and Dave's Killer Bread Good Seed. Consumers, in turn, reasonably expect that each product will actually provide the amount of protein per serving claimed on the front of the product package in a form the body can use. The Food and Drug Administration ("FDA") prohibits such front label claims about the amount of protein, unless manufacturers also provide additional information in the nutrition fact panel about how much of the recommended daily value for protein that the product will actually provide. The FDA required method for measuring protein quality is called the "Protein Digestibility Corrected Amino Acid Score"—known by its acronym PDCAAS (pronounced Pee-Dee-Kass). The primary protein sources in Defendants' products are wheat and oats. Both wheat and oats are low-quality proteins with PDCAAS scores typically ranging between 0.4 and 0.5, which means Defendants' products will provide nutritionally as little as 50% of the protein quantity claimed. Nevertheless, Defendants failed to provide in the NFP a statement of the corrected amount of protein per serving calculated according to the PDCAAS methodology and expressed as a %DV. Consumers reasonably expect that Defendants' products will actually provide nutritionally the full amount of protein per serving claimed on the front of the package and stated in the protein quantity section of the NFP, i.e., that the products contain high quality proteins. But Defendants' products do not do so and instead consist of low quality protein. Had Defendants included a statement of the corrected amount of protein per serving in the NFP, as they were required to do under the law, it would have revealed that the product provides nutritionally as little as 50% of their total protein quantity and contains low quality proteins. That information was material to reasonable consumers. Defendants' unlawful and misleading protein claims caused Plaintiff and members of the class to pay a price premium for the products, says the complaint. The Plaintiff Megan Taylor is an individual and resident of Grayslake, Illinois. Dave's Killer Bread, Inc. ("DKB") (formerly named AVB, Inc. until 2016) has been manufacturing, marketing, and selling the Dave's Killer Bread products since 2005.[BN] The Plaintiff is represented by: Peter S. Lubin, Esq. Patrick Austermuehle, Esq. LUBIN AUSTERMUEHLE, PC 17W220 22nd Street, Suite 410 Oakbrook Terrace, IL 60181 Phone: (630) 333-0333 Email: peter@l-a.law patrick@l-a.law - and - Seth A. Safier, Esq. Marie McCrary, Esq. Hayley Reynolds, Esq. GUTRIDE SAFIER LLP 100 Pine Street, Suite 1250. San Francisco, CA 94111 EHANG HOLDINGS: Faces Pujo Suit Over Drop in Share Price -------------------------------------------------------- DAMIEN PUJO, individually and on behalf of all others similarly situated, Plaintiff v. EHANG HOLDINGS LIMITED; HUAZHI HU; CONOR CHIA-HUNG YANG; and RICHARD JIAN LIU, Defendants, Case No. 2:23-cv-10165 (C.D. Cal., Dec. 4, 2023) is a class action on behalf of the Plaintiff and similarly situated persons or entities who purchased or otherwise acquired publicly traded EHang securities between January 20, 2022 and November 6, 2023, inclusive, seeking to recover compensable damages caused by the Defendants' violations of the federal securities laws under the Securities Exchange Act of 1934. The Plaintiff alleges in the complaint that the statements contained in the reports submitted by the Defendants with the SEC were materially false and misleading because they misrepresented and failed to disclose the adverse facts pertaining to the Company's business, operations and prospects, which were known to Defendants or recklessly disregarded by them. The Defendants made false and misleading statements and failed to disclose that: (1) EHang has continued to state that it was partnering with United Therapeutics, DHL and Vodafone, among others, even though a former EHang employee has noted that United Therapeutics, DHL, and Vodafone have abandoned their respective deals with EHang; (2) EHang omitted that other entities that had placed pre-orders for its aircraft, such as Prestige Aviation and Shenzhen Boling Holding Group, did not engage in regular business in the aviation sector and are otherwise almost certainly not in a financial position to be able to afford their orders. The price of EHang ADSs declined by $1.90 per ADS, or 12.70 percent, to close at $13.06 on November 7, 2023, says the suit. As a result of the Defendants' wrongful acts and omissions, and the precipitous decline in the market value of the Company's common shares, Plaintiff and other Class members have suffered significant losses and damages, the suit added. EHang Holdings Limited is an autonomous aerial vehicle technology platform company.[BN] The Plaintiff is represented by: Laurence M. Rosen, Esq. THE ROSEN LAW FIRM, P.A. 355 South Grand Avenue, Suite 2450 Los Angeles, CA 90071 Telephone: (213) 785-2610 Facsimile: (213) 226-4684 Email: lrosen@rosenlegal.com ESURANCE INSURANCE: Kuffel Sues Over Debt Collection Practices -------------------------------------------------------------- CHRISTEN KUFFEL, individually and on behalf of all others similarly situated, Plaintiff v. ESURANCE INSURANCE SERVICES, INC. d/b/a ESURANCE, Defendant, Case No. 23-009336-CI (Fla. Cir., Pinellas Cty., Dec. 5, 2023) seeks to stop the Defendant's unfair and unconscionable means to collect a debt. ESURANCE INSURANCE SERVICES, INC. provides insurance services. The Company offers car, boat, vehicle, commercial auto, scooter, golf cart, collector car, condo, flood, and umbrella insurance. [BN] The Plaintiff is represented by: Zane C. Hedaya, Esq. Jibrael S. Hindi, Esq. Jennifer G. Simil, Esq. THE LAW OFFICES OF JIBRAEL S. HINDI 110 SE 6th Street, Suite 1744 Fort Lauderdale, FL 33301 Telephone: (954) 907-1136 Email: jibrael@jibraellaw.com jen@jibraellaw.com zane@jibraellaw.com F4L SPORTS INC: Dib Suit Removed to E.D. North Carolina ------------------------------------------------------- The case styled as Michael Dib, on behalf of himself and all others similarly situated v. F4L Sports, Inc., Perk Fitness of Spring Lake, Inc., Fit4Life Franchising, Inc., Paul Humphreys, Edward Smith, Case No. 23-CVS-5797 was removed from the Cumberland County Superior Court, to the U.S. District Court for the Eastern District of North Carolina on Oct. 23, 2023. The District Court Clerk assigned Case No. 5:23-cv-00595-D-BM to the proceeding. The lawsuit is brought over alleged violation of the Fair Labor Standards Act. F4L -- https://www.f4lagency.com/ -- is a new-era sports and entertainment agency offering exclusive and premium services never before offered in the industry.[BN] The Plaintiff is represented by: Edward Hallett Maginnis, Esq. Karl S. Gwaltney, Esq. MAGINNIS HOWARD 7706 Six Forks Road, Suite 101 Raleigh, NC 27615 Phone: 919-526-0450 Fax: 919-882-8763 Email: emaginnis@maginnislaw.com kgwaltney@maginnislaw.com The Defendant is represented by: Andrew Parks Carter, Esq. ELLIS & WINTERS, LLP 300 N Greene Street, Suite 800 Greensboro, NC 27401 Phone: (336) 389-5680 Email: andrew.carter@elliswinters.com - and - Kelly Margolis Dagger, Esq. ELLIS & WINTERS, LLP P.O. Box 33550 Raleigh, NC 27636 Phone: (919) 573-1292 Fax: (919) 865-7010 Email: kelly.dagger@elliswinters.com - and - Michelle A. Liguori, Esq. ELLIS & WINTERS LLP 4131 Parklake Avenue, Suite 400 Raleigh, NC 27612 Phone: (919) 573-1294 Fax: (919) 865-7010 Email: Michelle.Liguori@elliswinters.com FANTASIA TRADING: Sheppard Sues Over Illegal Biometric Collection ----------------------------------------------------------------- ISIAH SHEPPARD, HILSCIO RIVERA, HELENE LAUZIER-MEYER, and BERNABE BENITEZ, individually and on behalf of all others similarly situated, Plaintiffs v. FANTASIA TRADING LLC, d/b/a EUFY, Defendant, Case No. 5:23-cv-02407 (C.D. Cal., Nov. 27, 2023) is a class action for damages and other legal and equitable remedies resulting from the illegal actions of Defendant in collecting, storing, and using Plaintiffs and other similarly situated individuals' biometric identifiers and biometric information without first obtaining informed written consent and failing to provide the requisite data retention and destruction schedule, in direct violation of the Illinois' Biometric Information Privacy Act. In direct violation of each of the foregoing provisions of BIPA, Defendant allegedly collected, stored, and used the biometric identifiers and biometric information of delivery drivers making deliveries to homes using Defendant's home security system, says the suit. Fantasia Trading LLC is a home security technology company that offers security cameras supported by high quality video and artificial intelligence monitoring.[BN] The Plaintiffs are represented by: L. Timothy Fisher, 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: ltfisher@bursor.com sbogdanovich@bursor.com FERGUSON FIRE: Gillies Suit Removed to E.D. California ------------------------------------------------------ The case captioned as Brian Gillies, an individual on behalf of himself and all others similarly situated v. FERGUSON FIRE & FABRICATION, INC., a California corporation; FERGUSON ENTERPRISES, INC., a Virginia corporation, FERGUSON ENTERPRISES, LLC, a Virginia limited liability company; and DOES 1 through 50, inclusive, Case No. STK-CV-UOE-2023-11551 was removed from the Superior Court of California in and for the County of San Joaquin, to the U.S. District Court for the Eastern District of California on Dec. 5, 2023, and assigned Case No. 2:23-at-01238. The Complaint asserts nine causes of action for failure to pay minimum wages; failure to pay wages and overtime; meal period liability; rest-break liability; violation of Labor Code section 226(a); violation of Labor Code section 203; violation of Labor Code section 204; failure to keep required payroll records, and violation of Business and Professions Code contained in the Florida Telephone Solicitation Act ("FTSA").[BN] The Defendants are represented by: Leslie L. Abbott, Esq. PAUL HASTINGS LLP 515 South Flower Street, 25th Floor Los Angeles, CA 90071-2228 Phone: (213) 683-6000 Facsimile: (213) 627-0705 Email: leslieabbott@paulhastings.com - and - Eric D. Distelburger, Esq. PAUL HASTINGS LLP 101 California Street, 48th Floor San Francisco, CA 94111 Phone: (415) 856-7000 Facsimile: (415) 856-7100 Email: ericdistelburger@paulhastings.com FIRST NATIONAL: Dyson Sues Over Illegal Debt Collection Practices ----------------------------------------------------------------- SHELLEY DYSON, individually and on behalf of all others similarly situated, Plaintiff v. FIRST NATIONAL BANK OF PASCO D/B/A FIRSTFIN CREDIT, Defendant, Case No. CACE-23-021937 (Fla. Cir., Broward Cty., Dec. 4, 2023) seeks to stop the Defendant's unfair and unconscionable means to collect a debt. FIRST NATIONAL BANK OF PASCO D/B/A FIRSTFIN CREDIT is a full-service bank. The Bank offers savings accounts, personal and business loans, debit and credit cards, letter of credit, certificate of deposits, mortgages, equipment financing, cash management, online banking, and other related products and services. [BN] The Plaintiff is represented by: Jibrael S. Hindi, Esq. Jennifer G. Simil, Esq. Zane C. Hedaya, Esq. THE LAW OFFICES OF JIBRAEL S. HINDI 110 SE 6th Street, Suite 1744 Fort Lauderdale, FL 33301 Telephone: (954) 907-1136 Email: jibrael@jibraellaw.com jen@jibraellaw.com zane@jibraellaw.com FORD MOTOR: Chaney Suit Transferred to D. Massachusetts ------------------------------------------------------- The case styled as Shawn Chaney, Cathis Antonio Hernandez, Kevin Smith, Gwendolyn Terry, David Terry III, Carrie Napiorkowski and Witold "Vic" Napiorkowski, individually and on behalf of all others similarly situated v. Ford Motor Company, Case No. 1:23-cv-01141 was transferred from the U.S. District Court for the Western District of Texas, to the U.S. District Court for the District of Massachusetts on Dec. 6, 2023. The District Court Clerk assigned Case No. 1:23-cv-12979-FDS to the proceeding. The nature of suit is stated as Other Personal Property. Ford Motor Company -- http://www.ford.com/-- is an American multinational automobile manufacturer headquartered in Dearborn, Michigan.[BN] The Plaintiff is represented by: John R. Fabry, Esq. Jose Luis Munoz, Esq. THE CARLSON LAW FIRM, P.C. 1717 N. Interstate Highway 35, Suite 305 Round Rock, TX 78664 Phone: 512-671-7277 Facsimile: 512-238-0275 Email: JFabry@carlsonattorneys.com LMunoz@carlsonattorneys.com The Defendants are represented by: Constantine Z. Pamphilis, Esq. KASOWITZ BENSON TORRES LLP 1415 Louisiana, Suite 2100 Houston, TX 77002 Phone: (713) 220-8800 Fax: (713) 222-0843 Email: dpamphilis@kasowitz.com FRAMES FOR AMERICA: Suarez Files ADA Suit in S.D. New York ---------------------------------------------------------- A class action lawsuit has been filed against Frames for America, Inc. The case is styled as Alvin Suarez, on behalf of himself and all others similarly situated v. Frames for America, Inc., Case No. 1:23-cv-10525-LGS (S.D.N.Y., Dec. 1, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Frames for America, Inc. -- https://www.framesdirect.com/ -- is an international online eyewear retailer.[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 FRITZ MANAGEMENT: Swiney Files ADA Suit in S.D. New York -------------------------------------------------------- A class action lawsuit has been filed against Fritz Management, LLC. The case is styled as Robert Swiney, individually and on behalf of all others similarly situated v. Fritz Management, LLC and Does 1 to 25, Case No. 3:23-cv-02674-D (S.D.N.Y., Dec. 4, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Fritz Management, LLC doing business as Burger King -- http://www.bk.com/-- is an American multinational chain of hamburger fast food restaurants.[BN] The Plaintiff is represented by: John D Bosco, Esq. BOSCO BLESS PLLC 4034 Bishop Lane Dallas, TX 75229 Phone: (214) 997-4434 Fax: (214) 237-4474 Email: john@boscobless.com FT MARE DC: Court Vacates Order on Bid for Extension of Time ------------------------------------------------------------ In the class action lawsuit captioned as FERLITO v. FT MARE DC, LLC, Case No. 1:23-cv-03187 (D.D.C., Filed Oct 24, 2023), the Hon. Judge Trevor N. Mcfadden entered an order vacating order on motion for extension of time to The Local Rules' default deadline to file a motion for class certification. -- The Court shall set a new deadline at the Initial Scheduling Conference. -- The parties are directed to propose a suitable deadline in their pre-ISC Joint Status Report. The suit alleges violation of the Fair Labor Standards Act. FT Mare is a sophisticated Italian seafood restaurant.[CC] GALLERY FURNITURE: Saunders Files ADA Suit in S.D. New York ----------------------------------------------------------- A class action lawsuit has been filed against Gallery Furniture Design Center Inc. The case is styled as Michael Saunders, on behalf of himself and all others similarly situated v. Gallery Furniture Design Center Inc. d/b/a MyGalleryFurniture.com, Case No. 1:23-cv-10578 (S.D.N.Y., Dec. 4, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Gallery Furniture Design Center Inc. -- https://www.galleryfurniture.com/ -- offers American made quality furniture at value prices.[BN] The Plaintiff is represented by: Jon L. Norinsberg, Esq. JON L. NORINSBERG, ESQ., PLLC 110 East 59th Street, Suite 2300 New York, NY 10022 Phone: (212) 791-5396 Fax: (212) 406-6890 Email: jon@norinsberglaw.com GIGACLOUD TECHNOLOGY: Villanueva Suit Transferred to S.D. New York ------------------------------------------------------------------ The case captioned as Rock Villanueva, individually and on Behalf of All Others Similarly Situated v. GigaCloud Technology Inc., Larry Lei Wu, Kwok Hei David Lau, Xin Wan, Frank Lin, Xing Huang, Aegis Capital Corp., Case No. 2:23-cv-09134 was transferred from the U.S. District Court for the Central District of California, to the U.S. District Court for the Southern District of New York on Dec. 6, 2023. The District Court Clerk assigned Case No. 1:23-cv-10645-JMF to the proceeding. The nature of suit is stated as Securities/Commodities for Securities Exchange Act. GigaCloud Technology Inc. -- http://www.gigacloudtech.com/-- operates as a holding company.[BN] The Plaintiff is represented by: Jennifer Pafiti, Esq. POMERANTZ LLP 1100 Glendon Avenue, 15th Floor 90024, Ste 20th Floor Los Angeles, CA 90024 Phone: (310) 405-7190 Email: jpafiti@pomlaw.com - and - James Michael LoPiano, Esq. Jeremy Alan Lieberman, Esq. Joseph Alexander Hood, II, Esq. POMERANTZ LLP 600 Third Ave, 20th Floor New York, NY 10016 Phone: (631) 903-9356 Email: jlopiano@pomlaw.com jalieberman@pomlaw.com ahood@pomlaw.com The Defendant is represented by: Jason Craig Hegt, Esq. Jeff G. Hammel, Esq. Latham & Watkins 1271 Avenue of the Americas New York, NY 10020 Phone: (212) 906-1200 Email: jason.hegt@lw.com jeff.hammel@lw.com - and - Kristin Nicole Murphy, Esq. LATHAM AND WATKINS LLP 650 Town Center Drive 20th Floor Costa Mesa, CA 92626 Phone: (714) 540-1235 Fax: (714) 755-8290 Email: kristin.murphy@lw.com GILEAD SCIENCES: Fust Suit Removed to E.D. California ----------------------------------------------------- The case styled as Deborah Fust, Edward Pimentel, individually, and on behalf of all others similarly situated v. Gilead Sciences, Inc., Case No. 23CV-0203316 was removed from the Shasta County Superior Court, to the U.S. District Court for the Eastern District of California on Dec. 6, 2023. The District Court Clerk assigned Case No. 2:23-at-01244 to the proceeding. The nature of suit is stated as Insurance. Gilead Sciences, Inc. -- http://www.gilead.com/-- is a research-based biopharmaceutical company focused on the discovery, development, and commercialization of innovative medicines.[BN] The Plaintiffs appear pro se. The Defendants are represented by: Michael John Shipley, Esq. KIRKLAND & ELLIS, LLP 333 South Hope Street Los Angeles, CA 90071 Phone: (213) 680-8222 Fax: (213) 680-8500 Email: michael.shipley@kirkland.com GRAHAM, NC: Bermudez-Bey Files Suit in M.D. North Carolina ---------------------------------------------------------- A class action lawsuit has been filed against CITY OF GRAHAM, et al. The case is styled as Kani Adon Bermudez-Bey, Regis Kishon Green, on behalf of themselves and all others similarly situated v. CITY OF GRAHAM, NORTH CAROLINA; MARY KRISTINE (KRISTY) COLE, individually and her official capacity as Chief of Graham Police Department ('GPD"); TERRY S. JOHNSON, individually and in his official capacity as Sheriff of Alamance County; CLIFF PARKER, individually and in his official capacity as Chief Deputy of Alamance County Sheriff's Office (ACSO"); BARBARA TOMEY, individually and in her official capacity as Corporal of the ACSO; CHAD MARTIN, individually and in his official capacity as Lieutenant of the ACSO; DANIEL NICHOLS, individually and in his official capacity as Deputy of the ACSO; JAMES MCCLELLAND, individually and in his official capacity as a Deputy of the ACSO; RANDY DENHAM, individually and in his official capacity as a Captain of the ACSO; DAVID SYKES, individually and in his official capacity as a Captain of ACSO; CHIP COBB, individually and in his official capacity as a Sergeant of the ACSO; PETER TRIOLO, individually and in his official capacity as a Deputy of the ACSO; CHANDLER WEGER, individually and in his official capacity as a Deputy of the ACSO; JAMES R. MCVEY, individually and in his official capacity as a Sergeant of the ACSO; TAYLOR HOPKINS, individually and in his official capacity as a Deputy of the ACSO; JOAQUIN VELEZ, individually and in his official capacity as Patrol Operations Lieutenant for the GPD; RODNEY KING, individually and in his official capacity as a Sergeant for the GPD; JUSTIN HOPKINS, individually and in his official capacity as an Officer for the GPD; SCOTT NEUDECKER, individually and, in his official capacity as an Officer for the GPD; ERIC JORDAN, individually and in his official capacity as an officer for the GPD; ROBERT PARKS, individually and in his official capacity as an Officer for the GPD; JOSHUA PAYNE, individually and in his official capacity as an Officer for the GPD; JOHN WAY, individually and in his official capacity as an Officer for the GPD; KEITH KIRKMAN, individually and in his official capacity as an Officer for the GPD; CHAD BOGGS, individually and in his official capacity as an Officer for the GPD; CHRISTOPHER DENNY, individually and in his official capacity as an Officer for the GPD; ALAMANCE COUNTY; BRANDON LAND, individually and in his official capacity as an Officer for the GPD; CITY OF GRAHAM POLICE OFFICERS JOHN AND JANE DOES#1-15; ALAMANCE COUNTY DEPUTY SHERIFFS JOHN AND JANE DOES #16-30; DUANE FLOOD, individually and in his official capacity as Support Services Captain for the GPD; NOAH SAKIN, individually and in his official capacity as an Officer for the GPD; Case No. 1:23-cv-00894-CCE-JLW (M.D.N.C., Oct. 23, 2023). The nature of suit is stated as Other Civil Rights. CITY OF GRAHAM -- https://www.cityofgraham.com/ -- is a local government office in Graham, North Carolina.[BN] The Plaintiff is represented by: Erika K. Wilson, Esq. UNC SCHOOL OF LAW 160 Ridge Road Chapel Hill, NC 27599 Phone: (919) 962-8508 Email: wilsonek@email.unc.edu GREAT HEALTHWORKS: Faces Suit Over Mislabeled Dietary Supplement ---------------------------------------------------------------- DIVA DE GUZMAN, individually and on behalf of all others similarly situated, Plaintiff v. GREAT HEALTHWORKS, INC., Defendant, Case No. 5:23-cv-06299 (N.D. Cal., Dec. 6, 2023) seeks redress the Defendant's deceptive practices associated with the advertising, labeling and sale of its dietary supplement called OmegaXL. According to the complaint, the Defendant GHW manufactures, markets, advertises, and sells a Product called OmegaXL ("Supplement" or Product"), which claims to be a 300 mg proprietary blend consisting of Green Lipped Mussel ("GLM"), Extra Virgin Olive Oil ("EVO") and d-alpha Tocopherol. The principal display panel identifies the Product as "A Powerful Essential Fatty Acid Combination from the Pristine Waters of New Zealand" and states that it contains "30 Free Fatty Acids." The Supplement Facts section states the Product is a proprietary blend consisting principally of GLM. However, the Product consists principally of olive oil. The Omega content of the Product is comparatively small. Despite the relatively small amount of Omega in the Product, however, the Defendants chose to name it "OmegaXL" which does not conform to the Food Drug & Cosmetic Act's ("FDCA") requirements. As a result of the false and misleading labeling, the Defendant was able to sell it to tens of thousands of unsuspecting consumers throughout California and the United States, says the suit. GREAT HEALTHWORKS, INC. retails health supplements. The Company provides musculoskeletal, women's health, digestive, antioxidants, cardiac, vitamins, minerals, metabolism, brain, and mood energy product. Great Healthworks serves customers in the United States. [BN] The Plaintiff is represented by: Michael D. Braun, Esq. KUZYK LAW, LLP 2121 Avenue of the Stars, Ste. 800 Los Angeles, CA 90067 Telephone: (213) 401-4100 Facsimile: (213) 401-0311 Email: mdb@kuzykclassactions.com HAYWARD HOLDINGS: Heicklen Sues Over Breaches of Fiduciary Duties ----------------------------------------------------------------- STEVEN HEICKLEN, derivatively on behalf of nominal Defendant HAYWARD HOLDINGS, INC., Plaintiff v. KEVIN HOLLERAN, STEPHEN J. FELICE, CHRISTOPHER F. BERTRAND, KEVIN D. BROWN, DIANE S. DAYHOFF, LAWRENCE H. SILBER, ARTHUR L. SOUCY, LORI A. WALKER, EDWARD D. WARD, MARK MCFADDEN, GREGORY D. BRENNEMAN, TIMOTHY WALSH, ALI AFRAZ, and JASON PETERS, Defendants, and HAYWARD HOLDINGS INC., Nominal Defendant, Case No. 2:23-cv-22649 (D.N.J., Nov. 27, 2023) is a shareholder derivative action against the Defendants for breaches of fiduciary duties, unjust enrichment, waste of corporate assets, and violations of Sections 10(b) of the Securities Exchange Act of 1934. According to the complaint, the Defendants breach their fiduciary duties to Company stockholders, including Plaintiff, by intentionally or recklessly making or permitting the dissemination of materially false and misleading statements and omissions from October 27, 2021 through July 28, 2022, inclusive. Throughout the Relevant Period, Company management issued materially false and misleading statements and omitted to state material adverse facts necessary to make the statements not misleading because they failed to disclose that the Company was engaging in a channel-stuffing scheme to artificially inflate sales and revenue figures. In other words, the Company inundated its distributors with excess inventory to inflate short-term sales at the expense of future revenues. While the Company was engaged in the channel-stuffing scheme, Hayward management misleadingly touted the Company's revenue growth and assured the public that the inventory levels of its distributors accurately reflected high consumer demand. When the truth about the Company's scheme and the state of its business emerged, the price of Hayward's stock sharply declined, falling 18.23% in one day, says the suit. Hayward Holdings operates globally, designing, manufacturing, and marketing pool equipment and related automation systems.[BN] The Plaintiff is represented by: Gina M. Serra, Esq. RIGRODSKY LAW, P.A. 825 East Gate Boulevard, Suite 300 Garden City, NY 11530 Telephone: (516) 683-3516 E-mail: gms@rl-legal.com - and - Seth D. Rigrodsky, Esq. Timothy J. MacFall, Esq. Samir Aougab, Esq. RIGRODSKY LAW, P.A. 825 East Gate Boulevard, Suite 300 Garden City, NY 11530 Telephone: (516) 683-3516 E-mail: sdr@rl-legal.com tjm@rl-legal.com sa@rl-legal.com - and - Phillip Kim, Esq. Erica L. Stone, Esq. THE ROSEN LAW FIRM, P.A. 275 Madison Avenue, 40th Floor New York, NY 10016 Telephone: (212) 686-1060 Facsimile: (212) 202-3827 E-mail: pkim@rosenlegal.com estone@rosenlegal.com HIGHWOOD DELIVERY: Thomas Files Suit in Cal. Super. Ct. ------------------------------------------------------- A class action lawsuit has been filed against Highwood Delivery Services, LLC, et al. The case is styled as Jordan Thomas, on behalf of himself and all others similarly situated v. Highwood Delivery Services, LLC, et al., Case No. 23CV012761 (Cal. Super. Ct., Sacramento Cty., Dec. 5, 2023). Highwood Delivery Services, LLC is a California Limited-Liability Company.[BN] HIRSHLEIFERS INC: Liz Files ADA Suit in S.D. New York ----------------------------------------------------- A class action lawsuit has been filed against Hirshleifers, Inc. The case is styled as Pedro Liz, on behalf of himself and all others similarly situated v. Hirshleifers, Inc., Case No. 1:23-cv-10528 (S.D.N.Y., Dec. 1, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Hirshleifer's, Inc. -- https://hirshleifers.com/ -- is a retail company.[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 HISTORIC HOUSEPARTS: Liz Files ADA Suit in S.D. New York -------------------------------------------------------- A class action lawsuit has been filed against Historic Houseparts, Inc. The case is styled as Pedro Liz, on behalf of himself and all others similarly situated v. Historic Houseparts, Inc., Case No. 1:23-cv-10531 (S.D.N.Y., Dec. 1, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Historic Houseparts, Inc. -- https://www.historichouseparts.com/ -- is an antique store in Rochester, New York.[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 HONEYWELL INT'L: Reid Suit Transferred to W.D. North Carolina ------------------------------------------------------------- The case captioned as Robert Reid, Keith Chee, Willard Thomas, Michael Todd Debona, Brock Knowlton, Percy Sledge, Joseph Akers, Andrew Loudenbeck, Brook Booth, Steve Booth, Jesse Martinez, Camron Brown, Mark Meintel, Andrew Kezele, Celeste Evans, Scott Godley, Ronald Pixler, Dale Richardson, Sierra Sanchez, Marcel Tira, Talon Wilder, David Villines, Malachi Sanders, Gabe Maldonado, Richard Tuttle, Charlie Childress, James Moes, Mikel Roden, Todd Sorensen, Mark Mannino, Brian Kelly, James Long, Brian Andrew Mason, Michael Pentrack, Elvira Kolundzic, Keri Mason, Jonathan Little, Juan Carlos Fernandez, Ronald Geracci, Sierra Shepherd, Karina Burchard, David Saunders, Tracy Haines, Sebastian Netotea, Brandon Grant, Katie Meyer, Dwayne McDuffie, Tim Schow, Katherine Craven, Seth Hartman, Jane Doe, Kristin Ashford, Cody Reed, Stephanie Cumpton, Lawrence Geis, Tina Cundiff, Luke Boysen, Frank Smerekanich, Johnathan Veenstra, on behalf of themselves individually and on behalf of all others similarly situated v. Honeywell International, Inc., Case No. 8:22-cv-02210 was transferred from the U.S. District Court for the Middle District of Florida, to the U.S. District Court for the Western District of North Carolina on Dec. 6, 2023. The District Court Clerk assigned Case No. 3:23-cv-00836-RJC-SCR to the proceeding. The nature of suit is stated as Jobs Civil Rights for Job Discrimination (Employment) Dispute. Honeywell International Inc. -- https://www.honeywell.com/us/en -- is an American publicly traded, multinational conglomerate corporation headquartered in Charlotte, North Carolina.[BN] The Plaintiff is represented by: Brandon J. Hill, Esq. WENZEL FENTON CABASSA, P.A. 1110 N. Florida Ave., Suite 300 Tampa, FL 33602 Phone: (813) 337-7992 Fax: (813) 229-8712 Email: bhill@wfclaw.com - and - Kathryn Comly Hopkinson, Esq. HOPKINSON LAW, LLC 1510 W Cleveland St Tampa, FL 33606 Phone: (508) 274-9169 Fax: (813) 902-6040 - and - Amanda E. Heystek, Esq. Luis A. Cabassa, Esq. WENZEL FENTON CABASSA, P.A. 1110 N Florida Ave Ste 300 Tampa, FL 33602-3343 Phone: (813) 579-2483 Email: lcabassa@wfclaw.com The Defendants are represented by: Anne Marie Estevez, Esq. Joseph D. Magrisso, Esq. MORGAN, LEWIS & BOCKIUS LLP 600 Brickell Avenue, Ste. 1600 Miami, FL 33131-3075 Phone: (305) 415-3330 Fax: (877) 432-9652 - and - Leah S. Freed, Esq. OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 2415 E Camelback Rd., Suite 800 Phoenix, AZ 85016 Phone: (602) 778-3700 Fax: (602) 778-3750 HUFSEY HOME SERVICES: Pinn Files TCPA Suit in N.D. Texas -------------------------------------------------------- A class action lawsuit has been filed against Hufsey Home Services, Inc., et al. The case is styled as Kelly Pinn, Individually and on behalf of all others similarly situated v. Hufsey Home Services, Inc. doing business as: One Hour Air Conditioning & Heating, 33 Mile Radius LLC doing business as: Everconnect, Case No. 4:23-cv-01208-Y (N.D. Tex., Dec. 1, 2023). The lawsuit is brought over alleged violation of the Telephone Consumer Protection Act for Restrictions of Use of Telephone Equipment. Hufsey Home Services, Inc. doing business as One Hour Heating & Air Conditioning -- http://www.onehourheatandair.com/-- is Hampton Roads' Premier HVAC Repair and Installation Provider.[BN] The Plaintiff is represented by: Andrew Roman Perrong, Esq. PERRONG LAW LLC 2657 Mt. Carmel Ave Glenside, PA 19038 Phone: (215) 225-5529 Fax: (888) 329-0305 Email: a@perronglaw.com - and - Anthony I. Paronich, Esq. PARONICH LAW PC 350 Lincoln Street, Suite 2400 Hingham, MA 02043 Phone: (617) 485-0018 Fax: (508) 318-8100 Email: anthony@paronichlaw.com - and - Katherine Hendler Fayne, Esq. KATHERINE FAYNE LAW PLLC 6301 Gaston Avenue, Suite 1128 Dallas, TX 75214 Phone: (214) 770-1322 Email: katherine@katherinefaynelaw.com JILI INC: Fails to Pay Proper Wages, Shum Suit Alleges ------------------------------------------------------ CHI WAI SHUM, individually and on behalf of all others similarly situated, Plaintiff v. JILI INC. d/b/a Jin Cheng Restaurant; RONG XING INC d/b/a Jin Cheng Restaurant; XIAO DONG HUANG a/k/a Xiaodong Huang; JIALI WANG a/k/a Lily Wang CHUN KIT CHENG; WEI WEI LIN, Defendants, Case No. 725813/2023 (N.Y., Sup., Queens Cty., Dec. 6, 2023) seeks to recover from the Defendants unpaid wages and overtime compensation, interest, liquidated damages, attorneys' fees, and costs. Plaintiff Shum was employed by the Defendants as a waiter. JILI INC. owns and operates a restaurant known as Jin Ching Restaurant located at Flushing, NY 11354. [BN] The Plaintiff is represented by: John Troy, Esq. Aaron B. Schweitzer, Esq. Tiffany Troy, Esq. TROY LAW, PLLC 41-25 Kissena Blvd #110 Queens, NY 11355 Telephone: (718) 762-1324 JOHN BALDWIN: IDOC Director Terminated as Party in Peters Suit -------------------------------------------------------------- In the class action lawsuit captioned as SCOTT PETERS, v. JOHN BALDWIN, et al., Case No. 3:17-cv-00852-MAB (S.D. Ill.), the Hon. Judge Mark A. Beatty entered an order directing the Clerk of Court to terminate the Director of the IDOC as a party to this action. The case will proceed to trial by jury on December 5, 2023, on Plaintiff's claim against the IDOC. The Plaintiff's claim for injunctive relief, to the extent it was not already abandoned, is not an applicable remedy in this case. Finally, in light of the Court's ruling that Plaintiff's claim for injunctive relief is now moot, the Court finds that the Director of the IDOC is no longer a necessary party to this action. Accordingly, one form of relief sought in Plaintiff's consolidated complaint was "awarding injunctive relief requiring that the IDOC make its prisons and jails compliant with the ADA and the Rehabilitation Act within a reasonable period of time." A copy of the Court's memorandum and order dated Dec. 4, 2023 is available from PacerMonitor.com at https://bit.ly/3uUXp2I at no extra charge.[CC] JOHNSON & JOHNSON: Harrison Files Suit in E.D. Wisconsin -------------------------------------------------------- A class action lawsuit has been filed against Johnson & Johnson Consumer Inc., et al. The case is styled as Christine Harrison, on behalf of herself and all others similarly situated v. Johnson & Johnson Consumer Inc., Case No. 1:23-cv-01625-WCG (E.D. Wis., Dec. 1, 2023). The nature of suit is stated as Other Contract for Breach of Contract. Johnson & Johnson (J&J) -- https://www.jnj.com/ -- is an American multinational corporation founded in 1886 that develops medical devices, pharmaceuticals, and consumer packaged goods.[BN] The Plaintiff is represented by: Joshua B. Kons, Esq. LAW OFFICES OF JOSHUA B KONS LLC 92 Hopmeadow St-Ste 205 Weatogue, CT 06089 Phone: (860) 920-5181 Email: joshuakons@konslaw.com JOHNSON & JOHNSON: Yousefzadeh Suit Transferred to E.D. New York ---------------------------------------------------------------- The case captioned as Sandra Yousefzadeh, John Coyle, Timothy Butler, Archanatep Boonparn, Kaycie Coppock, Chioma Ozuzu, Kenneth Levi Pack, Min Ji Jung, Steve Audelo, Natalie Juneau, Robert Fichera, Kamonica McWhite, on behalf of themselves and all other similarly situated v. Johnson & Johnson Consumer Inc., et al., was transferred to the U.S. District Court for the Eastern District of New York on Dec. 6, 2023. The District Court Clerk assigned Case No. 1:23-md-03089-BMC to the proceeding. The nature of suit is stated as Fraud or Truth-In-Lending. Johnson & Johnson (J&J) -- https://www.jnj.com/ -- is an American multinational, pharmaceutical, and medical technologies corporation.[BN] The Plaintiffs are represented by: Daniel R. Leathers, Esq. David S. Stellings, Esq. Jason Louis Lichtman, Esq. Jonathan D. Selbin, Esq. LIEFF CABRASER HEIMANN & BERNSTEIN, LLP 250 Hudson Street, 8th Floor New York, NY 10013-1413 Phone: (212) 355-9500 Fax: (212) 355-9592 Email: dleathers@lchb.com dstellings@lchb.com jlichtman@lchb.com jselbin@lchb.com - and - Darren T. Kaplan, Esq. KAPLAN GORE LLP 346 Westbury Ave., Ste 200 Carle Place, NY 11514 Phone: (212) 999-7370 Fax: (404) 537-3320 Email: dkaplan@kaplangore.com - and - Elizabeth J. Cabraser, Esq. Lexi J. Hazam, Esq. LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP 275 Battery Street, 29th Floor San Francisco, CA 94111 Phone: (415) 956-1000 Fax: (415) 956-1008 Email: ecabraser@lchb.com lhazam@lchb.com The Defendants are represented by: Brianna Elizabeth Donet, Esq. CARLTON FIELDS PA - MIAMI FL 700 Nw 1st Avenue, Suite 1200 Miami, FL 33136 Phone: (305) 530-0050 Email: bdonet@carltonfields.com KAZI FOODS: Valenzuela Sues Over Unpaid Minimum, Overtime Wages --------------------------------------------------------------- Candice Valenzuela, on behalf of the State of California, and others similarly situated and aggrieved v. KAZI FOODS, INC., a California Corporation; and DOES 1-100, inclusive, Case no. 23STCV29564 (Cal. Super. Ct., Los Angeles Cty., Dec. 4, 2023), is brought for the Defendants' violation of the Private Attorneys General Act and the California Labor Code as a result of the Defendants' failure to pay minimum and overtime wages. The Defendants failed to compensate the Plaintiff and Aggrieved Employees for all hours worked, resulting in the underpayment of minimum and overtime wages. the Defendants failed to compensate the Plaintiff and Aggrieved Employees for all hours worked by virtue of, the Defendants' automatic deduction and time rounding policies, and failure to relieve employees of all duties/employer control during unpaid meal periods or otherwise unlawful practices for missed or improper meal periods, says the complaint. The Plaintiff worked for the Defendants as a non-exempt employee with a job title of cashier and/or assistant manager and/or non-exempt manager and/or similar titles and/or job positions from November 18, 2020, through the present. The Defendants operate multiple locations in California under the name(s) "KFC" and/or "Kentucky Fried Chicken."[BN] The Plaintiff is represented by: Jamie K. Serb, Esq. Brandon Brouillette, Esq. Zachary M. Crosner, Esq. CROSNER LEGAL, PC 9440 Santa Monica Blvd. Suite 301 Beverly Hills, CA 90210 Phone: (866) 276-7637 Fax: (310) 510-6429 Email: jamie@crosnerlegal.com bbrouillette@crosnerlegal.com zach@crosnerlegal.com KELLERMEYER BERGENSONS: Rosas Files Suit in Cal. Super. Ct. ----------------------------------------------------------- A class action lawsuit has been filed against Kellermeyer Bergensons Services, LLC, et al. The case is styled as Ricardo Rosas, on behalf of himself and on behalf of all persons similarly situated v. Kellermeyer Bergensons Services, LLC, et al., Case No. 23CV012696 (Cal. Super. Ct., Sacramento Cty., Dec. 4, 2023). Kellermeyer Bergensons Services, LLC (KBS) -- https://www.kbs-services.com/ -- is the largest privately-held provider of facility services in North America.[BN] L&R CONTRACTING: Romero Files Suit in Cal. Super. Ct. ----------------------------------------------------- A class action lawsuit has been filed against L&R Contracting Inc., et al. The case is styled as Francisco Barraza Romero, Rosario Barraza Sepulveda, on behalf of all others similarly situated v. L&R Contracting Inc., Sunridge Nurseries, Inc., Case No. BCV-23-104027 (Cal. Super. Ct., Kern Cty., Dec. 4, 2023). The case type is stated as "Other Employment - Civil Unlimited." L&R Contracting -- https://www.lrcontracting.com/ -- is a Premiere Full-Service Storm Damage Restoration company, specializing in commercial mitigation & disaster restoration.[BN] The Plaintiffs are represented by: Farrah Mirabel, Esq. LAW OFFICE FARRAH MIRABEL 1070 Stradella Rd, Los Angeles, CA 90077 Phone: 714-972-0707 Fax: 949-417-1796 Email: fmesq@fmirabel.com LANGETWINS WINE: Lionakis Files Suit in Cal. Super. Ct. ------------------------------------------------------- A class action lawsuit has been filed against Langetwins Wine Company, Inc., et al. The case is styled as Kaitlin Lionakis, individually and on behalf of all other similarly situated v. Langetwins Wine Company, Inc., Marissa Lange, Case No. STK-CV-UOE-2023-0013130 (Cal. Super. Ct., San Joaquin Cty., Dec. 6, 2023). The case type is stated as "Unlimited Civil Other Employment." LangeTwins -- https://langetwins.com/ -- is a wines manufacturer company.[BN] The Plaintiffs are represented by: Brittany V. Berzin, Esq. SHIMODA LAW CORP 9401 E Stockton Blvd., Ste. 120 Elk Grove, CA 95624-5050 Phone: 916-525-0716 Fax: 916-760-3733 Email: bberzin@shimodalaw.com LEE UNIVERSITY: Espinal Files ADA Suit in S.D. New York ------------------------------------------------------- A class action lawsuit has been filed against Lee University. The case is styled as Frangie Espinal, on behalf of herself and all other persons similarly situated v. Lee University, Case No. 1:23-cv-10653 (S.D.N.Y., Dec. 6, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Lee University -- https://www.leeuniversity.edu/ -- is a private Christian university in Cleveland, Tennessee.[BN] The Plaintiff is represented by: Michael A. LaBollita, Esq. GOTTLIEB & ASSOCIATES 150 E. 18th St., Suite PHR New York, NY 10003 Phone: (212) 228-9795 Email: michael@gottlieb.legal LLR INC: Court Tosses Van's Renewed Bid for Class Certification --------------------------------------------------------------- In the class action lawsuit captioned as KATIE VAN, individually and on behalf of all others similarly situated, v. LLR, INC., d/b/a LuLaRoe; and LULAROE, LLC, Case No. 3:18-cv-00197-JMK (D. Alaska), the Hon. Judge Joshua M. Kindred entered an order denying Ms. Van's renewed motion for class certification. As it did in its prior certification order, this Court refuses to indulge LLR's recast of an issue that has been litigated and decided. Having previously concluded that LLR may not raise "voluntary payment" as a defense to its alleged violations of the UTPCPA, the fact that some individual class members may have purchased LLR products knowing that they were being assessed a tax that they did not owe is not an individualized issue that defeats the predominance of class issues." LLR is a multi-level marketing company that sells clothing to purchasers across the United States through "independent fashion retailers" located in all fifty states. These retailers purchase LLR products wholesale and later sell those products to consumers. Retailers manage most aspects of their businesses, including ordering, inventory, advertising, marketing, pricing, invoicing, shipping, and returns. LLR is a United States-based multi-level marketing company that sells women's clothing. A copy of the Court's order dated Dec. 5, 2023 is available from PacerMonitor.com at https://bit.ly/3Rjh4AB at no extra charge.[CC] LUNDQUIST CONSULTING: Class Cert Filing Extended to March 14, 2024 ------------------------------------------------------------------ In the class action lawsuit captioned as WILLIAM NORMAN BROOKS, III, ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED, v. LUNDQUIST CONSULTING, INC., Case No. 3:22-cv-01916-RFL (N.D. Cal.), the Parties file a joint stipulation to extend deadlines regarding motion for class certification: 1. The deadline for Plaintiff to file his March 14, 2024 motion for class certification and class certification expert disclosures is extended from December 15, 2023 to: 2. If Plaintiff files a motion for class April 28, 2024 certification, the deadline for Defendant to file an opposition and file class certification expert disclosures is extended from January 29, 2024 to: 3. The deadline for class certification May 22, 2024 Expert discovery is extended from February 20, 2024 to: 4. The deadline for Plaintiff's reply is May 29, 2024 extended from February 27, 2024 to: Lundquist provides risk insight, prediction, and management solutions for banks and creditors. sA copy of the Parties' motion dated Dec. 1, 2023 is available from PacerMonitor.com at https://bit.ly/3ThEN6R at no extra charge.[CC] The Plaintiff is represented by: James A. Francis, Esq. Lauren KW Brennan, Esq. FRANCIS MAILMAN SOUMILAS, P.C. 1600 Market St., Suite 2510 Philadelphia, PA 19103 Telephone: (215) 735-8600 - and - Tammy Hussin, Esq. HUSSIN LAW FIRM 1596 N. Coast Hwy 101 Encinitas, CA 92024 Telephone: (877) 677-5397 The Defendant is represented by: David T. Biderman, Esq. Kristine E. Kruger, Esq. Dennis Hopkins, Esq. Emily Craven, Esq. PERKINS COIE LLP 505 Howard Street, Suite 1000 San Francisco, CA 94105 E-mail: DBiderman@perkinscoie.com KKruger@perkinscoie.com DHopkins@perkinscoie.com ECraven@perkinscoie.com LUXOTTICA OF AMERICA: Brave Optical Sues Over Price-Fixing Scheme ----------------------------------------------------------------- BRAVE OPTICAL, INC.; WESTERN STATE OPTICAL, INC.; and DH RETAIL, INC., individually and on behalf of all other similarly situated, Plaintiffs v. LUXOTTICA OF AMERICA INC. f/k/a LUXOTTICA RETAIL NORTH AMERICA, Defendant, Case No. 1:23-cv-00793-DRC (S.D. Ohio, Dec. 4, 2023) alleges that the Defendant defrauded the Plaintiffs and the Class members by failing to disclose the price-fixing scheme, resulting in lower reimbursement rates for Pearle Vision franchisees and vision health providers than other independent stores or providers. According to the complaint, after inducing the Plaintiffs and the Class to purchase a franchise, Luxottica imposed onerous new burdens on its franchisees to benefit itself at the franchisees' expense. For example, Luxottica forced franchisees to use Eyecon, claiming that Eyecon is a turnkey supply chain solution with a point-of-sale system. In reality, Eyecon is a way for Luxottica to offload older, unfashionable, and unpopular frames on franchisees who have no choice but to purchase them, regardless of their salability. Franchisees who were previously able to select their merchandise for their stores were suddenly unable to cater to customer demands. Worse, Luxottica used participation in specific managed vision care programs -- which prospective franchisees were told was within their discretion -- as a weapon to force franchisees to participate in Eyecon. Franchisees who could not participate in managed vision care programs lost income and access to large customer bases covered by those programs. Further, even when franchisees were able to contract directly with and participate in managed vision care programs, unbeknownst to franchisees, Luxottica maintained "master agreements" with those companies that enabled them to cancel a franchisee's contract at will. Finally, Luxottica demanded franchisees use an approved point-of-sale system, which was subject to Luxottica's complete control despite franchisees contracting directly with the owner of the system. As a result, Luxottica had unfettered access to franchisees' operational data, which it negligently maintained, resulting in several unauthorized access incidents that damaged the franchisees, says the suit. LUXOTTICA OF AMERICA INC. f/k/a LUXOTTICA RETAIL NORTH AMERICA offers prescription glasses and sunglasses. The Company offers premium, luxury, and sports eyewear, while also providing a managed care package that includes medical and dental insurance. [BN] The Plaintiffs are represented by: Eric H. Zagrans, Esq. ZAGRANS LAW FIRM LLC 1640 Roundwyck Lane Columbus, OH 43065-8416 Telephone: (440) 452-7100 Facsimile: (800) 261-2008 Email: eric@zagrans.com - and - Kenneth C. Johnston, Esq. JOHNSTON CLEM GIFFORD PLLC 1717 Main Street, Suite 3000 Dallas, Texas 75201 Telephone: (214) 974-8000 Facsimile: (972) 474-1750 Email: kjohnston@johnstonclem.com - and - Catherine (Kate) Gaither, Esq. Robert W. Gifford, Esq. JOHNSTON CLEM GIFFORD PLLC Telephone: (972) 424-1722 Email: kgaither@johnstonclem.com rgifford@johnstonclem.com MARION BODY: Durrant Sues Over Machine Operators' Unpaid Wages -------------------------------------------------------------- COREY DURRANT, on behalf of himself and all others similarly situated, Plaintiff v. MARION BODY WORKS, INC., Defendant, Case No. 23-cv-1593 (E.D. Wis., Nov. 27, 2023) seeks relief under the Fair Labor Standards Act and the Wisconsin's Wage Payment and Collection Laws, for Plaintiff's unpaid overtime compensation, unpaid straight time (regular) and/or agreed upon wages, liquidated damages, costs, attorneys' fees, declaratory and/or injunctive relief, and/or any such other relief the Court may deem appropriate. The Plaintiff was hired as an hourly-paid, non-exempt employee into the position of machine operator in 2018. Throughout the Wisconsin Class Period, Plaintiff and the Wisconsin Class regularly performed activities that were an integral and indispensable part of their principal activities without receiving compensation for these activities, says the Plaintiff. The complaint further asserts Defendant's retaliatory practices against Plaintiff for using Family and Medical Leave Act protected leave by intentionally altering the terms and conditions of his employment, effectively demoting him, in an effort to ultimately terminate Plaintiff's employment or to force Plaintiff to quit his employment with Defendant. Marion Body Works, Inc. is a manufacturer of commercial truck bodies, emergency vehicles, and custom cab enclosures.[BN] The Plaintiff is represented by: James A. Walcheske, Esq. Scott S. Luzi, Esq. David M. Potteiger, Esq. WALCHESKE & LUZI, LLC 235 N. Executive Drive, Suite 240 Brookfield, WI 53005 Telephone: (262) 780-1953 Facsimile: (262) 565-6469 E-mail: jwalcheske@walcheskeluzi.com sluzi@walcheskeluzi.com dpotteiger@walcheskeluzi.com MERCEDES-BENZ GRAND: Garrison Alleges FTX Fraud Scheme, Conspiracy ------------------------------------------------------------------ EDWIN GARRISON, et al., on behalf of themselves and all others similarly situated, Plaintiffs v. MERCEDES-BENZ GRAND PRIX LIMITED (D/B/A MERCEDES-AMG PETRONAS FORMULA ONE TEAM), Defendant, Case No. 1:23-cv-24480-JEM (S.D. Fla., Nov. 27, 2023) alleges Defendant's actions which contributed to the collapse of FTX Trading Ltd., West Realm Shires Services Inc. d/b/a FTX US, and Alameda Research, LLC, including but not limited to 1) aiding and abetting and/or actively participating in the FTX Group's massive, multibillion dollar global fraud, and 2) promoting, offering, or selling unregistered securities such as FTX's yield-bearing accounts and FTX's native cryptocurrency token, which caused Plaintiffs substantial harm. According to the complaint, the FTX disaster is among the largest financial frauds in history. Sam Bankman-Fried, FTX Group's founder and former CEO, is on house arrest awaiting his sentencing following his conviction for fraud and conspiracy after stealing billions of dollars from FTX customers. Billions of dollars have been stolen from investors across the globe. As alleged herein, Defendant directly perpetrated, conspired to perpetrate, and/or aided and abetted the FTX Group's multi-billion-dollar frauds for its own financial and professional gain. The Plaintiffs bring this action against Mercedes F1, who actively promoted FTX and its yield-bearing-accounts to millions of people. Though FTX paid Defendant handsomely to push its brand, Defendant did not conduct adequate (if any) due diligence. Given Defendant's prominence and vast resources, it knew or should have known about FTX's financial fragility, as well as the concerns about FTX selling unregistered crypto securities, the Plaintiffs contend. Mercedes-Benz Grand Prix Limited d/b/a Mercedes-AMG Petronas Formula One Team entered into a sponsorship agreement with FTX to promote it and its products. Mercedes F1 is a UK company located in Brackley, England.[BN] The Plaintiffs are represented by: Adam M. Moskowitz, Esq. Joseph M. Kaye, Esq. Barbara C. Lewis, Esq. THE MOSKOWITZ LAW FIRM, PLLC 2 Alhambra Plaza, Suite 601 Coral Gables, FL 33134 Telephone: (305) 740-1423 E-mail: adam@moskowitz-law.com joseph@moskowitz-law.com barbara@moskowitz-law.com service@moskowitz-law.com - and - Stephen Neal Zack, Esq. Tyler Ulrich, Esq. BOIES SCHILLER FLEXNER LLP 100 SE 2nd St., Suite 2800 Miami, FL 33131 Telephone: (305) 539-8400 E-mail: szack@bsfllp.com tulrich@bsfllp.com - and - Jose M. Ferrer, Esq. MARK MIGDAL & HAYDEN Brickell City Tower 80 SE 8th Street, Suite 1999 Miami, FL 33130 Telephone: jose@markmigdal.com MIDWEST GAMING: Faces Glebiv Suit Over Unprotected Personal Info ---------------------------------------------------------------- MICHAEL GLEBIV, individually and on behalf of all others similarly situated, Plaintiff v. MIDWEST GAMING & ENTERTAINMENT, LLC d/b/a RIVERS CASINO, Defendant, Case No. 1:23-cv-16225 (N.D. Ill., Nov. 27, 2023) is a data breach class action brought on behalf of Plaintiff and similarly situated consumers whose sensitive personal information was stolen by cybercriminals in a massive cyber-attack at Rivers Casino starting in August 2023. The Plaintiff brings this class action lawsuit on behalf of those similarly situated to address Defendant's inadequate safeguarding of Class Members' personal identifiable information that it collected and maintained, and for failing to provide timely and adequate notice to Plaintiff and other Class Members that their information had been subject to the unauthorized access of an unknown third party and precisely what specific type of information was accessed. As a further result of the Data Breach, Plaintiff and Class Members have been exposed to a substantial and present risk of fraud and identity theft. The Plaintiff and Class Members must now and in the future closely monitor their financial accounts to guard against identity theft, says the suit. Midwest Gaming & Entertainment, LLC is a casino, located in Des Plaines, Illinois, that offers gambling, dining, and other entertainment services to its customers.[BN] The Plaintiff is represented by: Gary M. Klinger, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, LLC 227 W. Monroe Street, Suite 2100 Chicago, IL 60606 Telephone: (866) 252-0878 E-mail: gklinger@milberg.com MILESTONE PROJECT: Rhodus Files FLSA Suit in E.D. Louisiana ----------------------------------------------------------- A class action lawsuit has been filed against Milestone Project Services, LLC. The case is styled as Loyd Rhodus, Robert Matherne, individually and on behalf of others similarly situated v. Milestone Project Services, LLC, Case No. 2:23-cv-06451-EEF-JVM (E.D. La., Oct. 23, 2023). The lawsuit is brought over alleged violation of the Fair Labor Standards Act. Milestone Project Services -- https://www.milestone-ps.com/ -- provides services proven to reduce costs for turnaround or projects of any size.[BN] The Plaintiffs are represented by: Philip Bohrer, Esq. Scott Brady, Esq. BOHRER LAW FIRM 8712 Jefferson Highway, Suite B Baton Rouge, LA 70809 Phone: (225) 925-5297 Email: phil@bohrerbrady.com scott@bohrerbrady.com MOLONEY SECURITIES: Buckley Suit Removed to W.D. Missouri --------------------------------------------------------- The case captioned as James Buckley, on behalf of himself and all other similarly situated v. MOLONEY SECURITIES CO., INC., Case No. 2316-CV27664 was removed from the Circuit Court of Jackson County, Missouri, to the U.S. District Court for the Western District of Missouri on Dec. 1, 2023, and assigned Case No. 4:23-cv-00879-DGK. The Action arises from a dispute over Plaintiff's purchase through Defendant of $100,000 worth of L Bonds offered by GWG Holdings, Inc. Plaintiff asserts his claims in four counts against Defendant, which purportedly arise from state law but also FINRA rules and one federal regulation.[BN] The Defendants are represented by: Matthew D. Turner, Esq. Matthew D. Kitzi, Esq. ARMSTRONG TEASDALE LLP 3405 West Truman Boulevard, Suite 210 Jefferson City, MO 65109-5713 Phone: (573) 636-8394 Facsimile: (573) 636-8457 Email: mturner@armstrongteasdale.com mkitzi@armstrongteasdale.com - and - Skyler D. Davenport, Esq. 2345 Grand Boulevard, Suite 1500 Kansas City, MO 64108 Phone: 816.221.3420 Facsimile: 816.221.0786 Email: sdavenport@atllp.com MONEY TREE MERCHANT: Vallesillo Files TCPA Suit in D. Nebraska -------------------------------------------------------------- A class action lawsuit has been filed against Money Tree Merchant Services Corp. The case is styled as Alejandro Vallesillo, individually, and on behalf of all others similarly situated v. Money Tree Merchant Services Corp., Case No. 8:23-cv-00536-BCB-SMB (D. Neb., Dec. 4, 2023). The lawsuit is brought over alleged violation of the Telephone Consumer Protection Act for Restrictions of Use of Telephone Equipment. Money Tree Merchant Services -- https://moneytms.com/ -- helps businesses achieve their working capital needs by utilizing future credit card sales.[BN] The Plaintiff is represented by: Mark L. Javitch, Esq. JAVITCH LAW OFFICE 480 South Ellsworth Avenue San Mateo, CA 94401 Phone: (650) 781-8000 Fax: (650) 648-0705 Email: mark@javitchlawoffice.com NATIONAL CREDIT: Calcagno Files FDCPA Suit in S.D. Florida ---------------------------------------------------------- A class action lawsuit has been filed against National Credit Systems, Inc. The case is styled as Calley Calcagno, individually and on behalf of all others similarly situated v. National Credit Systems, Inc., Case No. 2:23-cv-14383-AMC (S.D. Fla., Dec. 5, 2023). The lawsuit is brought over alleged violation of the Fair Debt Collection Practices Act. National Credit Systems -- https://www.nationalcreditsystems.com/ -- is a collection agency that provides debt recovery services for apartment owners, managers and companies.[BN] The Plaintiff is represented by: Justin E. Zeig, Esq. ZEIG LAW FIRM, LLC 3595 Sheridan Street, Suite 103 Hollywood, FL 33021 Phone: (754) 217-3084 Email: justin@zeiglawfirm.com NATIONAL PRODUCT CARE: Anderson Suit Removed to E.D. Washington --------------------------------------------------------------- The case styled as Lisa Anderson, an individual, on behalf of herself and all others similarly situated v. National Product Care Company, Virginia Surety Company Inc., Case No. 23-00002-04558-32 was removed from the Spokane County Superior Court, to the U.S. District Court for the Eastern District of Washington on Dec. 4, 2023. The District Court Clerk assigned Case No. 2:23-cv-00353-SAB to the proceeding. The nature of suit is stated as Insurance for Insurance Contract. National Product Care Company is a Foreign Business Corporation in Chicago, Illinois.[BN] The Plaintiff is represented by: Brian Cameron, Esq. Shayne Sutherland, Esq. CAMERON SUTHERLAND PLLC 421 W Riverside Avenue, Suite 660 Spokane, WA 99201 Phone: (509) 315-4507 Fax: (509) 315-4584 Email: bcameron@cameronsutherland.com ssutherland@cameronsutherland.com The Defendants are represented by: Allen W. Estes, III, Esq. GORDON REES SCULLY MANSUKHANI LLP 701 5th Avenue, Suite 2100 Seattle, WA 98104 Phone: (206) 695-5100 Email: aestes@grsm.com - and - William Michael Hughbanks, Esq. GORDON REES SCULLY MANSUKHANI 601 West 1st Avenue, Suite 1400 Spokane, WA 99201 Phone: (206) 714-2682 Email: whughbanks@grsm.com NATIONAL STUDENT: Evangelista Suit Transferred to D. Massachusetts ------------------------------------------------------------------ The case captioned as Michael Evangelista, individually and on behalf of himself and all others similarly situated v. National Student Clearinghouse, Progress Software Corporation, Case No. 1:23-cv-01499 was transferred from the U.S. District Court for the Eastern District of Virginia, to the U.S. District Court for the District of Massachusetts on Dec. 6, 2023. The District Court Clerk assigned Case No. 1:23-cv-12993-ADB to the proceeding. The nature of suit is stated as Other P.I. for Tort/Non-Motor Vehicle. The National Student Clearinghouse -- http://www.studentclearinghouse.org/-- is an educational nonprofit that provides educational reporting, verification, and research services to North American colleges and universities.[BN] The Plaintiff is represented by: Charles Williams, Esq. WILLIAMS & SKILLING PC 4801 Radford Avenue, Suite A Richmond, VA 23230 Phone: (804) 447-0307 Fax: (804) 447-0367 Email: cwilliams@williamsandskilling.com NEC CORPORATION: Bertrand Files Suit in Cal. Super. Ct. ------------------------------------------------------- A class action lawsuit has been filed against NEC Corporation Of America, et al. The case is styled as Brian Bertrand, on behalf of himself, all others similarly situated, and on behalf of the general public v. NEC Corporation Of America, et al., Case No. 23CV012768 (Cal. Super. Ct., Sacramento Cty., Dec. 5, 2023). NEC Corporation of America -- https://www.necam.com/ -- is the principal subsidiary of the multinational IT company NEC in the United States.[BN] NEOGENOMICS INC: Faces Kain Suit Over Breaches of Fiduciary Duties ------------------------------------------------------------------ MARINO KAIN, WAYNE KERRIS, PERRY RUSSELL, Derivatively On Behalf Of NEOGENOMICS, INC., Plaintiffs v. LYNN TETRAULT, ALISON HANNAH, BRUCE CROWTHER, MICHAEL KELLY, STEPHEN KANOVSKY, DAVID PEREZ, RACHEL STAHLER, DOUGLAS VANOORT, MARK MALLON, KATHRYN MCKENZIE, AND WILLIAM BONELLO, Defendants, and NEOGENOMICS, INC., Nominal Defendant, Case No. 1:23-cv-10337 (S.D.N.Y., Nov. 27, 2023) is a shareholder derivative action under the Securities Exchange Act of 1934 that seeks to remedy wrongdoing committed by NeoGenomics directors and officers from February 27, 2020 to the present. According to the complaint, the Defendants made false and misleading statements because: (i) the Company was not a "one-stop shop" for cancer testing because it did not offer the most technologically advanced next-generation sequencing tests, which led to a significant decrease in revenue as current and prospective customers went elsewhere for their testing needs; (ii) the Company's costs were not fixed because the Company needed to hire additional employees to process more complex customized testing demanded by customers utilizing the Company's outdated portfolio of tests, leading to operational challenges, decreased lab efficiency, and increased testing turnaround times; and (iii) the Company violated federal healthcare laws and regulations related to fraud, waste, and abuse. The Individual Defendants breached their duties of loyalty and good faith by causing the Company to misrepresent the information as detailed infra. As a result, NeoGenomics has expended, and will continue to expend, significant sums of money, says the suit. The Plaintiffs acquired the Company securities and will continue to hold the Company shares throughout the pendency of this action. NeoGenomics Inc. is a cancer reference laboratory that provides cancer testing and partnership programs to pathologists and oncologists.[BN] The Plaintiffs are represented by: Gregory M. Egleston, Esq. Thomas J. McKenna, Esq. GAINEY McKENNA & EGLESTON 501 Fifth Avenue, 19th Fl. New York, NY 10017 Telephone: (212) 983-1300 Facsimile: (212) 983-0383 E-mail: gegleston@gme-law.com tjmckenna@gme-law.com NES GLOBAL: Fails to Pay Overtime Pay, Johnson Alleges ------------------------------------------------------ KEVIN JOHNSON, individually and on behalf of all others similarly situated v. NES GLOBAL, LLC, Defendants, Case No. 4:23-cv-04579 (S.D. Tex., Dec. 6, 2023) is an action against the Defendant's failure to pay the Plaintiff and the class overtime compensation for hours worked in excess of 40 hours per week. Plaintiff Global was employed by the Defendant as a health safety and environment coach. NES GLOBAL, LLC operates as a manpower and recruitment support. [BN] The Plaintiff is represented by: Michael A. Josephson, Esq. Andrew W. Dunlap, Esq. JOSEPHSON DUNLAP LLP 11 Greenway Plaza, Suite 3050 Houston, TX 77046 Telephone: (713) 352-1100 Facsimile: (713) 352-3300 Email: mjosephson@mybackwages.com adunlap@mybackwages.com - and - Richard J. (Rex) Burch, Esq. BRUCKNER BURCH PLLC 11 Greenway Plaza, Suite 3025 Houston, TX 77046 Telephone: (713) 877-8788 Facsimile: (713) 877-8065 Email: rburch@brucknerburch.com NEW YORK CARE: Slama Sues Over Home Health Aides' Unpaid OT ----------------------------------------------------------- DEBORAH SLAMA, individually and on behalf of all other persons similarly situated, Plaintiff v. NEW YORK CARE AT HOME LTD, Defendant, Case No. 534579/2023 (N.Y. Sup., Kings Cty., Nov. 27, 2023) alleges that Defendant willfully violated the New York Labor Law by knowingly and intentionally failing to pay the Plaintiff and Class Members the correct amount of overtime wages. The Plaintiff was employed by the Defendant as a home health aide and personal care assistant from June 2019 through the present. She asserts that although she regularly works more than 40 hours per week, Defendant does not pay her overtime premium pay of one and a half times her regular hourly rate for all hours worked over 40 in any given week. New York Care at Home Ltd. is a home health and caregiver company, providing services throughout the State of New York.[BN] The Plaintiff is represented by: Douglas B. Lipsky, Esq. LIPSKY LOWE LLP 420 Lexington Avenue, Suite 1830 New York, NY 10170-1830 Telephone: (212) 392-4772 Facsimile: (212) 444-1030 E-mail: doug@lipskylowe.com NEW YORK UNIVERSITY: Suit Filed in S.D. New York ------------------------------------------------ A class action lawsuit has been filed against Macys.com, LLC. The case is styled as John Doe, on behalf of himself and others similarly situated v. New York University, Case No. 1:23-mc-00398-VM (S.D.N.Y., Oct. 25, 2023). The nature of suit is stated as Civil Rights. New York University -- https://www.nyu.edu/ -- is a private institution that was founded in 1831.[BN] The Plaintiff is represented by: Ronald A. Berutti, Esq. MURRAY-NOLAN BERUTTI LLC 136 Central Avenue, Ste 2nd Floor Clark, NJ 07066 Phone: (908) 588-2111 Email: ron@murray-nolanberutti.com NEW YORK, NY: Lowe Sues Over Unconstitutional Convictions --------------------------------------------------------- Lawrence Lowe, individually and on behalf of a class of similarly situated persons v. CITY OF NEW YORK, JASON ARBEENY, MICHAEL ARENELLA, MICHAEL BERGMAN, JERRY BOWENS, RICHARD DANESE, SASHA DIAZ, MICHAEL FODER, RICHARD HALL, SEAN JOHNSTONE, ADMIR KACAMAKOVIC, EDDIE MARTINS, OSCAR SANDINO, and HENRY TAVAREZ, Case No. 535685/2023 (N.Y. Sup. Ct., Kings Cty., Dec. 6, 2023), is brought to hold the individual officers identified for their illegal and unconstitutional convictions. The New York Police Department's sordid history of abusive, racist, and unconstitutional practices toward vulnerable and marginalized New Yorkers under the Guiliani and Bloomberg administrations are well known to this Court. The Plaintiffs is but one of the untold victims of systemically unconstitutional practices by the NYPD and the Kings County District Attorney's Office in decades past. Lowe pleaded guilty to drug charges supported only by the word Of police officers Who had been engaging in decades-long strings Of misconduct in their official duties. And the plaintiff pleaded guilty without ever being told that their accusers were utterly incredible and tainted. For years, the Plaintiff labored under the weight of these unjust convictions and the stigma of their accompanying collateral consequences, including denial of housing, public benefits, employment opportunities, and family reunification. In 2022, however, an investigation by the Kings County District Attorney's Office--now led by a reform-minded District Attorney committed to righting the wrongs of his predecessor--publicly revealed that a group of 13 NYPD officers had committed serious misconduct relating directly to their job duties. As a result of this investigation, the People sought, and the New York State courts ultimately granted, writs of error coram nobis vacating judgments convicting a total of 378 persons of crimes based on the testimony of one or more of the disgraced officers. Finally, plaintiff seeks injunctive relief to reclaim the fines and fees wrongly retained following their exonerations, and to ensure that the defendant City does not institute future enforcement proceedings to collect any unpaid fines, fees, or assessments in connection with an exonerated case, says the complaint. The Plaintiff was arrested in 2016 by one of the individual defendant officers. New York City comprises 5 boroughs sitting where the Hudson River meets the Atlantic Ocean.[BN] The Plaintiff is represented by: Michael Rose, Esq. HACH & ROSE, LLP 112 Madison Avenue, 10th Floor New York, NY 10016 Email: mr@hachroselaw.com NORDSTROM INC: Has Made Unsolicited Calls, McGee Suit Claims ------------------------------------------------------------ MICHELLE McGEE, individually and on behalf of all others similarly situated, Plaintiff v. NORDSTROM INC., Defendant, Case No. 2:23-cv01875-JHC (W.D. Wa., Dec. 6, 2023) seeks to stop the Defendants' practice of making unsolicited calls. NORDSTROM, INC. is a fashion retailer of apparel, shoes, and accessories for men, women, and children. The Company operates through multiple retail channels, discount stores, boutiques, catalogs, and on the Internet. [BN] The Plaintiff is represented by: Wright A. Noel CARSON NOEL PLLC 20 Sixth Avenue NE Issaquah, WA 98027 Telephone: (425) 837.4717 Email: wright@carsonnoel.com - and - Yitzchak Kopel Israel Rosenberg BURSOR & FISCHER, P.A. 1330 Avenue of the Americas, 32nd Floor New York, NY 10019 Telephone: (646) 837-7150 Facsimile: (212) 9898-9163 Email: ykopel@bursor.com irosenberg@bursor.com - and - Christopher R. Reilly, Esq. BURSOR & FISCHER, P.A. 701 Brickell Avenue, Suite 1420 Miami, FL 33131 Telephone: (305) 330-5512 Facsimile: (305) 679-9006 Email: creilly@bursor.com NSC HOLDINGS: Cariello Files Suit in N.D. Georgia ------------------------------------------------- A class action lawsuit has been filed against NSC Holdings, LLC. The case is styled as Matthew Cariello, on behalf of himself and all others similarly situated v. NSC Holdings, LLC doing business as: NSC Technologies, Case No. 1:23-cv-05499-JPB (N.D. Ga., Dec. 1, 2023). The nature of suit is stated as Other P.I. for Breach of Fiduciary Duty. NSC Holdings, LLC doing business as: NSC Technologies -- https://www.nsc-tech.com/ -- is a national leader in providing recruitment and placement services in the marine, light industrial, skilled trades, technical and professional industries.[BN] The Plaintiff is represented by: Andrew J. Shamis, Esq. SHAMIS & GENTILE, PA 26 Grand Georgian Ct. Cartersville, GA 30121 Phone: (305) 479-2299 Fax: (786) 623-0915 Email: ashamis@shamisgentile.com - and - Scott Adam Edelsberg, I, Esq. EDELSBERG LAW, P.A. 20900 NE 30th Ave., Suite 417 Aventura, FL 33180 Phone: (305) 975-3320 Email: scott@edelsberglaw.com PACIFIC OFFICE: Canfield Suit Removed to S.D. California -------------------------------------------------------- The case captioned as Shawn Canfield, an individual, on behalf of himself and all other aggrieved employees v. PACIFIC OFFICE AUTOMATION, INC., an Oregon corporation; and DOES 1 through 25, inclusive, Case No. 37-2023-00041493-CU-OE-CTL was removed from the Superior Court of the State of California for the County of San Diego, to the U.S. District Court for the Southern District of California on Dec. 6, 2023, and assigned Case No. 3:23-cv-02234-JO-DDL. The Plaintiff seeks civil penalties under California's Private Attorneys General Act ("PAGA") for the alleged violation of 30 Labor Code provisions as well as the applicable IWC Wage Orders, and interest and attorneys' fees and costs. Specifically, Plaintiff alleges that Defendant's non-exempt California employees were not paid for all hours worked or travel time, were denied overtime pay, were not paid minimum wage, were denied compliant meal and rest periods, were not provided with regular paid sick leave or COVID-19 supplemental paid sick leave, received inaccurate wage statements, and were not paid all earned wages in a timely manner during employment and upon termination of employment.[BN] The Defendants are represented by: John P. Lecrone, Esq. Vandana Kapur, Esq. Arielle J. Spinner, Esq. DAVIS WRIGHT TREMAINE LLP 865 South Figueroa Street, 24th Floor Los Angeles, CA 90017-2566 Phone: (213) 633-6800 Fax: (213) 633-6899 Email: johnlecrone@dwt.com vandanakapur@dwt.com ariellespinner@dwt.com PARAMOUNT GLOBAL: Adkins Sues Over Automatic Renewal Scheme ----------------------------------------------------------- TREVOR ADKINS; and MICHAEL SHULER, individually and on behalf of all others similarly situated, Plaintiffs v. PARAMOUNT GLOBAL, Defendant, Case No. 1:23-cv-10581 (S.D.N.Y., Dec. 4, 2023) is an action against the Defendant regarding its improper automatic renewal scheme with respect to Paramount subscriptions. The Plaintiffs allege in the complaint that the Defendant fails to cancel subscription plans of subscribers who cancelled their paid monthly subscription. Instead, the Defendant continues to charge consumers unwanted monthly fees even after they attempt to cancel their membership. In so doing, the Defendant systematically violates state automatic renewal laws and consumer protection laws by engaging in a pattern and practice of exploiting its members by continuing to charge them monthly fees, without consumers' consent, after they have canceled their memberships, say the Plaintiffs. PARAMOUNT GLOBAL operates as a media company. The Company produces and distributes entertainment content through studios, networks, streaming services, live events, and merchandise. [BN] The Plaintiffs are represented by: James J. Bilsborrow, Esq. WEITZ & LUXENBERG, PC 700 Broadway New York, NY 10003 Telephone: (212) 558-5500 Email: jbilsborrow@weitzlux.com - and - Jeffrey D. Kaliel, Esq. KALIELGOLD PLLC 1100 15th Street NW, 4th Floor Washington, D.C. 20005 Telephone: (202) 350-4783 Email: jkaliel@kalielpllc.com - and - Sophia Goren Gold, Esq. KALIELGOLD PLLC 950 Gilman Street, Suite 200 Berkeley, CA 94710 Telephone: (202) 350-4783 Email: sgold@kalielgold.com - and - Christopher D. Jennings, Esq. Tyler B. Ewigleben, Esq. JOHNSON FIRM 610 President Clinton Avenue, Suite 300 Little Rock, AK 72201 Telephone: (501) 372-1300 Email: chris@yourattorney.com tyler@yourattorney.com PEOPLES GAS: Towns Sues Over Discriminatory Business Practices -------------------------------------------------------------- JASON TOWNS, GARLAND ELEBY, LETITIA JACKSON, KAREN LANFORD, TAMIA NUNN, REGINALD SCOGGINS, CHRISTOPHER TRASS, DARRYL WOODS, ERICKA GARMON, SHAWNDA SIMMONS, and LATICIA DANIEL, individually and on behalf of all others similarly situated, Plaintiffs v. PEOPLES GAS LIGHT & COKE CO. and WEC ENERGY GROUP, Defendants, Case No. 1:23-cv-16316 (N.D. Ill., Nov. 28, 2023) seeks to eradicate People Gas Light's profoundly discriminatory culture and reform its companywide policies and practices that currently result in danger, lower pay for, and worse treatment of African Americans, including Plaintiffs, under the Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, Illinois Human Rights Act, the Illinois Wage Payment and Collection Act, and the Illinois Gender Violence Act. According to the complaint, Peoples Gas subjects its African American employees to a relentlessly hostile work environment, where they are targeted with racial harassment and slurs, including being called the n-word, forced to follow different rules than non-Black employees, and their safety and lives are not valued. The hostile work environment at Peoples Gas includes an open disdain and differential treatment of African American customers, as non-Black employees trash their property and express shock when African American customers have two-parent families or nice homes. Peoples Gas has long been aware of its racist policies and practices and the harm they cause, yet its deeply rooted, systemic discrimination persists. Peoples Gas fosters and reinforces its racial discrimination by protecting harassers and failing to effectively monitor the treatment of African American employees or to adequately investigate or resolve complaints of racial discrimination, or take meaningful action against discriminators. To the contrary, Peoples Gas targets and retaliates against those courageous enough to report and speak out about discrimination, says the suit. Peoples Gas is a natural gas and public utility company operating in Illinois, providing natural gas to approximately 880,000 customers in Chicago, Illinois.[BN] The Plaintiffs are represented by: Suzanne E. Bish, Esq. STOWELL & FRIEDMAN LTD. 303 W. Madison St., Suite 2600 Chicago, IL 60606 Telephone: (312) 431-0888 E-mail: sbish@sfltd.com PIEDMONT HEALTHCARE: T.D. Sues Over Violation Privacy Rights ------------------------------------------------------------ T.D. individually, and on behalf of all others similarly situated v. PIEDMONT HEALTHCARE, INC., Case No. 2023CV387619 (Ga. Super. Ct., Fulton Cty., Oct. 25, 2023), is brought lawsuit arising from Piedmont's conscious decision to prioritize its desires for profit over its own responsibilities and its patients' privacy rights. That is, and in order to gain greater insight into its patients' purchasing decisions and habits, Piedmont embedded certain tracking technologies on its web properties to collect Plaintiff's. Instead, Defendant allowed unauthorized third parties, including Facebook, to intercept the users' clicks, communications on, and visits of Defendant's digital properties, including https://www.piedmont.org/ (the "Website") and its "Piedmont MyChart" patient portal, available at mychart.piedmont.org ("My Chart" or "Patient Portal") (collectively with the Website, the "Web Properties"). Prior to its collection and disclosure of Private Information to Facebook, Defendant encouraged and/or required Plaintiff and Class Members to use its digital properties, including MyChart. to receive healthcare services. Defendant's Website and Patient Portal encourage patients to provide Private Information as part of facilitating healthcare communications including, but not limited to, to search for a doctor, learn more about their conditions and treatments, access medical records and test results and make appointments. The Defendant further made expressed and implied promises to protect Plaintiff s and Class Members' Private Information and maintain the privacy and confidentiality of communications that patients exchange with Defendant. The use of tracking technologies, such as the Facebook tracking pixel (the "Pixel") and related tracking technologies by Piedmont coincided with its executive leadership giving wide reign to a new Chief Marketing Officer. Douwe Bergsma, who has heavily emphasized a focus on patient data and has viewed patients' adoption of digital tools as a key measure of success. Not only did Defendant willfully and intentionally incorporate the tracking Pixel into its Web Properties, but Defendant also never disclosed to Plaintiff or Class Members that it shared their sensitive and confidential communications via the Web Properties with Facebook. As a result, Plaintiff and Class Members were unaware that their Pll and PHI were being surreptitiously transmitted to Facebook as they communicated with their healthcare providers, looked up their conditions and/or treatments, and logged into the MyChart portal. The Defendant, failed in its obligations and promises by utilizing the Facebook Pixel, described below, on its Web Properties knowing that such technology would transmit and share Plaintiff s and Class Members' Private Information with unauthorized third parties. The Plaintiff and Class Members have suffered injury because of Defendant's conduct. These injuries include: invasion of privacy; lost time and opportunity costs associated with attempting to mitigate the actual consequences of the unlawful disclosure of the Private Information, loss of benefit of the bargain, diminution of value of the Private Information, statutory damages, and the continued and ongoing risk to the Private Information, says the complaint. The Plaintiff and Class Members visited and utilized the Defendant's Website and MyChart portal to receive medical services. The Defendant is a Georgia-wide integrated network of physician clinics, outpatient centers and hospitals.[BN] The Plaintiff is represented by: Andrew R. Tate, Esq. PEIFFER WOLF CARR KANE CONWAY & WISE, LLP 235 Peachtree St. NE, Suite 400 Atlanta, GA 30303 Phone: 404-282-4806 Email: atate@peifferwolf.com - and - Brandon M. Wise, Esq. PEIFFER WOLF CARR KANE CONWAY & WISE, LLP One US Bank Plaza, Suite 1950 St. Louis. MO 63101 Phone:(314)833-4825 Email: bwise@peifferwolf.com - and - David S. Almeida, Esq. Elena Belov, Esq. Britanv Kabakov, Esq. ALMEIDA LAW GROUP LLC 849 W. Webster Avenue Chicago. IL 60614 Phone: (312)576-3024 Email: david@almeidalawgroup.com elena@almeidalawgroup.com britany@almeidalawgroup.com PINNACLE COMMUNICATIONS: Shirazie Sues Over Clerks' Unpaid Wages ---------------------------------------------------------------- Alireza Hasham Shirazie, Haiderali Alireza Shirazie, and all Others Similarly Situated, Plaintiffs v. Pinnacle Communications LLC; Phone Depot Limited Liability Company; Crescent TeleCom LLC; Car Evolution LLC; Abdul Salam Khan; and, Hammas Ahmed, Defendants, Case No. 4:23-cv-04467 (S.D. Tex., Nov. 28, 2023) is a collective action brought by the Plaintiffs under the Fair Labor Standards Act seeking to recover unpaid overtime and straight-time wages from the Defendants. In violation of the FLSA, the Defendants failed to pay overtime wages to Plaintiffs and to Members of the Plaintiff Class, who routinely worked in excess of 40 hours a week for the Defendants. The Plaintiffs and Members of the Plaintiff Class also did not receive their full wages because the Defendants routinely made unauthorized deductions from their pay, says the suit. The Plaintiffs were employed as clerks at Defendants' Cell Phone Store. Pinnacle Communications LLC owns and operates multiple cellular telephone stores in and around Texas.[BN] The Plaintiffs are represented by: Salar Ali Ahmed, Esq. ALI S. AHMED, P.C. 430 W. Bell Street Houston, TX 77019 Telephone: (713) 898-0982 E-mail: aahmedlaw@gmail.com POINT LOMA NAZARENE: Espinal Files ADA Suit in S.D. New York ------------------------------------------------------------ A class action lawsuit has been filed against Point Loma Nazarene University. The case is styled as Frangie Espinal, on behalf of herself and all other persons similarly situated v. Point Loma Nazarene University, Case No. 1:23-cv-10654 (S.D.N.Y., Dec. 6, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Point Loma Nazarene University -- https://www.pointloma.edu/ -- is a Christian liberal arts college.[BN] The Plaintiff is represented by: Michael A. LaBollita, Esq. GOTTLIEB & ASSOCIATES 150 E. 18th St., Suite PHR New York, NY 10003 Phone: (212) 228-9795 Email: michael@gottlieb.legal POINT LOMA NAZARENE: Riggins Files Suit in N.D. New York -------------------------------------------------------- A class action lawsuit has been filed against Point Loma Nazarene University. The case is styled as Sidra Riggins, on behalf of herself and all others similarly situated v. Point Loma Nazarene University, Case No. 1:23-cv-01534-DNH-DJS (N.D.N.Y., Dec. 6, 2023). The nature of suit is stated as Other Contract for Breach of Contract. Pioneer Bank -- https://www.pioneerbnk.com/ -- is a strong, well-capitalized community bank.[BN] The Plaintiff is represented by: Michael A. LaBollita, Esq. GOTTLIEB & ASSOCIATES 150 E. 18th St., Suite PHR New York, NY 10003 Phone: (212) 228-9795 Email: michael@gottlieb.legal PORTFOLIO RECOVERY: Chen Files FDCPA Suit in C.D. California ------------------------------------------------------------ A class action lawsuit has been filed against Portfolio Recovery Associates, LLC. The case is styled as Louis Chen, individually and on behalf of all others similarly situated v. Portfolio Recovery Associates, LLC, Case No. 5:23-cv-06290 (C.D. Cal., Dec. 5, 2023). The lawsuit is brought over alleged violation of the Fair Debt Collection Practices Act. Portfolio Recovery Associates, LLC (PRA Group, Inc.) -- https://www.portfoliorecovery.com/ -- is a publicly traded global debt buyer based in Norfolk, Virginia.[BN] The Plaintiff is represented by: Jonathan Stieglitz, Esq. 11845 West Olympic Boulevard, Suite 800 Los Angeles, CA 90064 Phone: (323) 979-2063 Fax: (323) 488-6748 Email: jonathan.a.stieglitz@gmail.com POSTMEDS INC: Siegel Sues Over Failure to Protect Personal Info --------------------------------------------------------------- MICHAEL SIEGEL, individually and on behalf of all others similarly situated, Plaintiff v. POSTMEDS, INC., d/b/a TRUEPILL, Defendant, Case No. 3:23-cv-06134-LJC (N.D. Cal., Nov. 28, 2023) is a class action against the Defendant for its failure to secure and safeguard their and approximately 2,364,359 similarly situated individuals' personally identifiable information and personal health information, including, but not limited to, names, medications, demographic information, and physician names. According to the complaint, between approximately August 30, 2023 and September 1, 2023, unauthorized persons infiltrated Postmeds's network systems and gained access to files containing the PII/PHI of Plaintiff and Class members. The Plaintiff and Class members are customers of Postmeds whose sensitive PII/PHI was stolen in the data breach. As a result of Postmeds's alleged inadequate security measures and breach of its duties and obligations, the data breach occurred, and Plaintiff's and Class members' PII/PHI was accessed and disclosed. This action asserts claims for Defendant's negligence, negligence per se, breach of fiduciary duty, breach of implied contract, unjust enrichment, violations of the Illinois Consumer Fraud and Deceptive Business Practices Act, and seeks declaratory relief, injunctive relief, monetary damages, statutory damages, punitive damages, equitable relief, and all other relief authorized by law. Postmeds, Inc. is a digital pharmacy company that fulfills mail-order prescriptions.[BN] The Plaintiff is represented by: John J. Nelson, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, LLC 402 W. Broadway, Suite 1760 San Diego, CA 92101 Telephone: (858) 209-6941 E-mail: jnelson@milberg.com - and - Ben Barnow, Esq. Anthony L. Parkhill, Esq. BARNOW AND ASSOCIATES, P.C. 205 West Randolph Street, Suite 1630 Chicago, IL 60606 Telephone: (312) 621-2000 Facsimile: (312) 641-5504 E-mail: b.barnow@barnowlaw.com aparkhill@barnowlaw.com PRIBUSS ENGINEERING: Peters Files Suit in Cal. Super. Ct. --------------------------------------------------------- A class action lawsuit has been filed against Pribuss Engineering, Inc., et al. The case is styled as Benjamin B. Peters, Thomas J. Zielin, on behalf of himself and others similarly situated v. Pribuss engineering, inc., Does 1 Through 50, Inclusive, Case No. CGC23610754 (Cal. Super. Ct., San Francisco Cty., Dec. 1, 2023). The case type is stated as "Other Non-Exempt Complaints." Pribuss Engineering, Inc. -- https://www.pribuss.com/ -- is recognized as an industry leader in developing and implementing innovative construction and management techniques.[BN] The Plaintiff is represented by: Alvin B. Lindsay, Esq. DAVID YEREMIAN & ASSOCIATES, INC. 2540 Foothill Blvd., Ste. 201 La Crescenta, CA 91214-4583 Phone: 818-230-8380 Fax: 818-230-0308 Email: alvin@yeremianlaw.com Website: www.yeremianlaw.com PROSPER MARKETPLACE: Settlement Reached in Securities Suit ---------------------------------------------------------- Prosper Marketplace, Inc. (PMI) disclosed in its Form 10-Q report for the quarterly period ended September 30, 2023, filed with the Securities and Exchange Commission on November 13, 2023, that on May 22, 2023, the parties in a combined petition settled and subsequently the court dismissed the case with prejudice. In March 2021, PMI accepted service of a complaint via email that it was named in a purported class action lawsuit brought by two individual plaintiffs in the Circuit Court for Montgomery County, Maryland, filed on February 3, 2021. The complaint asserts, on behalf of the plaintiffs and the class members, claims for violation of certain Maryland state laws and seeks damages. The plaintiffs also seek a declaration of requirement for Maryland licensure and that PMI did not have the right to collect money from the plaintiffs and the class members on the loan accounts. This was accompanied by a related petition to stay arbitration and demand declaratory judgement in the Circuit Court for Montgomery County, Maryland. On April 8, 2021, this was removed to the United States District Court for the District of Maryland. On July 15, 2021, plaintiff dismissed said case but joined it with another suit. The combined petition was removed on July 29, 2021 to the Federal District Court. On March 21, 2022, the Federal District Court issued a ruling to compel arbitration, stay the petition and combine all cases. On May 22, 2023, the parties settled. The combined petition was subsequently dismissed with prejudice. PMI providing affordable financial solutions through its platform and currently offer access to three lending products: unsecured personal loans through a personal loan marketplace, a Credit Card product available to eligible borrowers, and Home Equity products available to eligible homeowners. ROBLOX CORP: Faces Dekalb Securities Suit Over Parental Controls ---------------------------------------------------------------- DEKALB COUNTY PENSION FUND, individually and on behalf of all others similarly situated, Plaintiff v. ROBLOX CORPORATION, DAVID BASZUCKI, MICHAEL GUTHRIE, CRAIG DONATO, and ELIZA JACOBS, Defendants, Case No. 1:23-cv-10347 (S.D.N.Y., Nov. 27, 2023) is a class action brought on behalf of the Plaintiff and all persons or entities that purchased or otherwise acquired Roblox Class A common stock between March 10, 2021 and February 15, 2022, inclusive, arising from the Defendants' alleged violations of the Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder. Throughout the Class Period, the Defendants allegedly made false or misleading statements because they failed to disclose that: (1) the Roblox platform had insufficient content controls and lacked user spending restrictions; (2) these inadequate controls enabled younger Roblox users to play games with inappropriate content and make excessive, unauthorized Robux purchases; (3) a material portion of Roblox's bookings and revenue growth was due to these excessive, unauthorized Robux purchases; (4) fourth quarter 2021 and 2022 bookings would be negatively impacted by Roblox's planned rollout of enhanced parental controls; and (5) based on the foregoing, the Company's bookings and revenue growth was unsustainable throughout the Class Period. As a result of Defendants' wrongful acts and omissions, and the resulting decline in the market value of Roblox's stock, Plaintiff and the Class suffered significant losses and damages under the federal securities laws, the suit says. Roblox Corp., headquartered in San Mateo, California, operates a video game platform that provides developers with tools to create games that are hosted on the Company's servers.[BN] The Plaintiff is represented by: Eric J. Belfi, Esq. Francis P. McConville, Esq. LABATON SUCHAROW LLP 140 Broadway New York, NY 10005 Telephone: (212) 907-0700 Facsimile: (212) 818-0477 E-mail: ebelfi@labaton.com fmcconville@labaton.com ROWDY BEVERAGE: Faces Lake Suit Over Mislabeled Energy Drinks ------------------------------------------------------------- GERALD P. LAKE, individually and on behalf of all others similarly situated, Plaintiff v. ROWDY BEVERAGE, INC., Defendant, Case No. 3:23-cv-06114-AGT (N.D. Cal., Nov. 27, 2023) arises from the Defendant's violation of the California Business and Professions Code and the California Consumers Legal Remedies Act arising from the mislabeling of its Rowdy energy drinks. The Plaintiff alleges that Defendant's misbranding caused Plaintiff and the proposed class injury and damages. The label on Defendant's Rowdy energy drinks are unlawful, misleading, deceptive, unfair and/or fraudulent because the labels affirmatively represent that the products contain "No Preservatives" but in reality, they contain at least two added synthetic and artificial ingredients known to be preservatives, citric acid and/or ascorbic acid. To remedy the harm arising from Defendant's illegal conduct, which has resulted in unjust profit to Defendant, Plaintiff brings this class action lawsuit on behalf of Plaintiff and a class of consumers who, since November 1, 2019, purchased one or more of the products labeled "No Preservatives" but which listed the artificial preservative citric acid and/or ascorbic acid as ingredients, says the suit. Rowdy Beverage, Inc. is a San Diego, California-based energy drink company.[BN] The Plaintiff is represented by: Ben F. Pierce Gore, Esq. PIERCE GORE LAW FIRM, PC 315 Montgomery Street 10th Floor San Francisco, CA 94104 Telephone: (408) 806-4600 E-mail: piercegore@gmail.com SIGNIFY HEALTH: Has Made Unsolicited Calls, Abante Suit Claims -------------------------------------------------------------- ABANTE ROOTER AND PLUMBING, INC., individually and on behalf of all others similarly situated, Plaintiff v. SIGNIFY HEALTH, LLC; DOES 1 through 10, inclusive, Defendants, Case No. 3:23-cv-06234 (N.D. Cal., Dec. 4, 2023) seeks to stop the Defendants' practice of making unsolicited calls. SIGNIFY HEALTH, LLC designs and develops healthcare software. The Company offers its services in the United States. [BN] The Plaintiff is represented by: Todd M. Friedman, Esq. Adrian R. Bacon, Esq. Meghan E. George, Esq. LAW OFFICES OF TODD M. FRIEDMAN, P.C. 21031 Ventura Blvd., Suite 340 Woodland Hills, CA 91364 Telephone: (323) 306-4234 Facsimile: (866) 633-0228 Email: tfriedman@toddflaw.com abacon@toddflaw.com mgeorge@toddflaw.com SONY INTERACTIVE: Court Amends Class Cert Briefing Schedule ----------------------------------------------------------- In the class action lawsuit captioned as CACCURI, et al., v. SONY INTERACTIVE ENTERTAINMENT LLC, Case No. 3:21-cv-03361-AMO (N.D. Cal.), the Hon. Judge Araceli Martinez-Olguin entered an order that Plaintiffs' response to the Motion shall be extended to December 28, 2023; Sony's deadline to reply to Plaintiffs' response to the Motion shall be extended to January 11, 2024; and the hearing on the Motion shall be extended to March 7, 2024. Sony is a multinational video game and digital entertainment company. A copy of the Court's order dated Nov. 30, 2023 is available from PacerMonitor.com at https://bit.ly/3Rud29X at no extra charge.[CC] The Plaintiffs are represented by: Michael M. Buchman, Esq. MOTLEY RICE LLC 777 Third Avenue, 27th Floor New York, NY 10017 Telephone: (212) 577-0050 E-mail: mbuchman@motleyrice.com - and - Jeff S. Westerman, Esq. ZIMMERMAN REED LLP 6420 Wilshire Blvd, Suite 1080 Los Angeles, CA 90048 Telephone: (877) 500-8780 E-mail: jwesterman@jswlegal.com - and - Joseph R. Saveri, Esq. Steven N. Williams, Esq. Christopher K.L. Young JOSEPH SAVERI LAW FIRM, LLP 601 California Street, Suite 1000 San Francisco, CA 94108 Telephone: (415) 500-6800 E-mail: jsaveri@saverilawfirm.com swilliams@saverilawfirm.com cyoung@saverilawfirm.com - and - Blake H. Yagman, Esq. ISRAELDAVID LLC 17 State Street, Suite 4010 New York, NY 10004 Telephone: (212) 739-0622 E-mail: blake.yagman@davidllc.com - and - Peggy J. Wedgworth, Esq. Elizabeth McKenna, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 100 Garden City Plaza, Suite 500 Garden City, NY 11530 Telephone: (212) 868-1229 E-mail: pwedgworth@milberg.com emckenna@milberg.com The Defendant is represented by: John F. Cove, Jr., Esq. Patrick T. Hein, Esq. Brian C. Hauser, Esq. SHEARMAN & STERLING LLP 535 Mission Street, 25th Floor San Francisco, CA 94105-2997 Telephone: (415) 616-1100 Facsimile: (415) 616-1199 E-mail: john.cove@shearman.com patrick.hein@shearman.com brian.hauser@shearman.com SOUTHAMPTON, NY: Faces Alanson Suit Over Improper Permit Fees ------------------------------------------------------------- ALANSON LANE, LLC; and MATTHEW VASTOLA, individually and on behalf of all others similarly situated, Plaintiffs v. TOWN OF SOUTHAMPTON; TOWN BOARD OF THE TOWN OF SOUTHAMPTON comprised of: JAY SCHNEIDERMAN, Supervisor, and Councilpersons JOHN BOUVIER, RICK MARTEL, CYNDI MCNAMARA, and TOMMY JOHN SCHIAVONI, each in their official capacities; TRUSTEES OF THE FREEHOLDERS AND COMMONALTY OF THE TOWN OF SOUTHAMPTON comprised of: SCOTT M. HOROWITZ, WILLIAM, PELL, IV, EDWARD J. WARNER, JR., ANN WELKER and, WILLIAM PARASH, each in their official capacities; Defendants, Case No. 2:23-cv-08938 LGD (E.D.N.Y., Dec. 5, 2023) seeks to redress for the Defendants' actions that are in derogation of the Plaintiffs' rights under the Constitutions of the United States and the State of New York and under the common law for imposing of unconstitutional taxes and unlawful regulatory fees on the Plaintiffs in the form of a "Trustees Permit" fee in connection with refurbishment of its marina business in the Town of Southampton, Suffolk County, New York. TOWN OF SOUTHAMPTON is a town in southeastern Suffolk County, New York, partly on the South Fork of Long Island. [BN] The Plaintiffs are represented by: J. Lee Snead, Esq. 144 South Country Road, P.O. Box 489 Bellport, NY 11713 Telephone: (631) 286-0488 Email: LeeSnead@optonline.net SUFFOLK COUNTY, NY: Doyle Files Suit in E.D. New York ----------------------------------------------------- A class action lawsuit has been filed against County of Suffolk, et al. The case is styled as Robert Doyle, individually and on behalf of a class of all others similarly situated v. County of Suffolk, James Burke, Former Police Chief; Thomas Spota, former district attorney; Christopher McPartland, former chief of the government corruption bureau; Thomas Iacopelli; Case No. 2:23-cv-08871 (E.D.N.Y., Dec. 1, 2023). The nature of suit is stated as Other Civil Rights for Wiretapping. Suffolk County -- https://www.suffolkcountyny.gov/ -- is the easternmost county in the U.S. state of New York.[BN] The Plaintiff is represented by: Alexander R. Klein, Esq. BARKET EPSTEIN KEARON ALDEA & LOTURCO, LLP 666 Old Country Road, Ste. 700 Garden City, NY 11530 Phone: (516) 745-1500 Fax: (516) 745-1245 Email: aklein@barketepstein.com TARGET CORPORATION: Wilcox Sues Over Mislabeled Cinnamon Bars ------------------------------------------------------------- VICTORIA WILCOX, individually and on behalf of all others similarly situated, Plaintiff v. TARGET CORPORATION, Defendant, Case No. 6:23-cv-02339-CEM-RMN (M.D. Fla., Dec. 6, 2023) alleges Defendant's violation of the Florida Deceptive and Unfair Trade Practices Act. The Defendant sells cereal bars which purport to be filled with apples, cinnamon and natural flavoring under its Market Pantry brand. However, the Defendant's labeling is false and misleading because despite the statements of "Naturally Flavored Apple Cinnamon Soft Baked Breakfast Bars" and "Made With Real Fruit Filling," a green stripe at the bottom of the package and pictures of three fresh green apple slices and two cinnamon sticks, it contains artificial flavoring ingredients to simulate, resemble and reinforce its apple taste. While the ingredient list in fine print on the back or side panel indicates the fruit filling contains apples and natural flavor, it also includes malic acid. As a result of the false and misleading representations and omissions, the Product is sold at a premium price, approximately $2.59 for 8 bars, excluding tax and sales, higher than similar products, represented in a non-misleading way, and higher than it would be sold for absent the misleading representations and omissions, the suit contends. TARGET CORPORATION operates general merchandise discount stores. The Company focuses on merchandising operations which includes general merchandise and food discount stores and a fully integrated online business. [BN] The Plaintiff is represented by: William Wright, Esq. THE WRIGHT LAW OFFICE P.A. 515 N Flagler Dr Ste P300 West Palm Beach FL 33401 Telephone:(561) 514-0904 Email: willwright@wrightlawoffice.com - and - Spencer Sheehan, Esq. SHEEHAN & ASSOCIATES P.C. 60 Cuttermill Rd Ste 412 Great Neck NY 11021 Telephone: (516) 268-7080 Email: spencer@spencersheehan.com UNITED STATES: Etzenhouser Alleges Religious Bias in Vax Mandate ---------------------------------------------------------------- MATTHEW ETZENHOUSER and TAIGA S. ROHRER, on behalf of themselves and a class of similarly situated individuals, Plaintiffs v. THOMAS J. VILSACK, Secretary, U.S. DEPARTMENT OF AGRICULTURE, in his official and individual capacities; JEWEL H. BRONAUGH, Former Deputy Secretary, U.S. DEPARTMENT OF AGRICULTURE; and U.S. DEPARTMENT OF AGRICULTURE, Defendants, Case No. 1:23-cv-03539 (D.D.C., Nov. 27, 2023) alleges that Defendants violated Title VII of the Civil Rights Act, the Rehabilitation Act, and the Religious Freedom Restoration Act when they pressured and coerced Plaintiffs to violate their religious beliefs by taking the vaccine and following testing restrictions, failed to accommodate Plaintiffs' religious beliefs, and treated Plaintiffs as if they were disabled. The complaint asserts that Defendants' mandatory policies not only threatened Plaintiffs' jobs and their livelihoods but stripped Plaintiffs of their ability to come to work or to travel for important assignments required by their jobs, resulted in many Plaintiffs being placed on unpaid leave or even AWOL status, and forced some out of their jobs because of the intolerable working environment USDA created and fostered. Plaintiff Etzenhouser is a professional Forester working for the U.S. Department of Agriculture Forest Service at the Rocky Mountain Regional Office in Lakewood, Colorado. Plaintiff Rohrer was a Forest Fire Management Officer with U.S. Department of Agriculture, Forest Service, on the Tonto National Forest. He had 35 years of U.S. Government public service, with 18 years in the Forest Service. The U.S. Department of Agriculture provides supervision on food, agriculture, natural resources, and related issues.[BN] The Plaintiffs are represented by: E. Scott Lloyd, Esq. LLOYD, LEMMON, & HALE, PLLC 15 Chester Street Front Royal, VA 22630 Telephone: (540) 823-1110 E-mail: scott@lloydlemmonhale.com WARREN GENERAL HOSPITAL: Goodard Files Suit in W.D. Pennsylvania ---------------------------------------------------------------- A class action lawsuit has been filed against Warren General Hospital. The case is styled as Mary Goodard, on behalf of herself individually and on behalf of all others similarly situated v. Warren General Hospital, Case No. 1:23-cv-00344-SPB (W.D. Pa., Dec. 1, 2023). The nature of suit is stated as Other P.I. for Personal Injury. Warren General Hospital -- https://www.wgh.org/ -- is widely regarded as the best hospital in the area due to its exceptional medical care and patient-centered approach.[BN] The Plaintiffs are represented by: Andrew W. Ferich, Esq. AHDOOT & WOLFSON, PC 2600 West Olive Avenue, Suite 500 Burbank, CA 91505 Phone: (310) 474-9111 Fax: (310) 474-8585 Email: aferich@ahdootwolfson.com WEST PENN: Spring Way Sues Over Artificially Inflated Commissions ----------------------------------------------------------------- Spring Way Center, LLC, John and Nancy Moratis, and Nancy Wehrheim, through undersigned counsel, on behalf of themselves and all similarly situated individuals v. WEST PENN MULTI-LIST, INC; EVEREST CONSULTING GROUP LP (d/b/a Berkshire Hathaway HomeServices The Preferred Realty); NRT PHILADELPHIA LLC (d/b/a Coldwell Banker Realty); PPSIR, LLC (d/b/a Piatt Sotheby's International Realty); PIRAIN ENTERPRISES, INC. (d/b/a NextHome PPM Realty); MHDM LLC (d/b/a Realty ONE Group Gold Standard); SF, LLC (d/b/a Realty ONE Group Platinum); and REALTY ONE GROUP HORIZON, LLC, Case No. 2:23-cv-02061-CCW (W.D. Pa., Dec. 4, 2023), is brought against the Defendants for agreeing, combining, and conspiring to impose and enforce rules and practices in the western Pennsylvania residential real estate market that force home sellers to pay artificially inflated commissions on the sale of their homes, in violation of federal antitrust law. In short, Defendants have adopted and enforced the so-called "Buyer Broker Commission Rule." According to this rule—first promulgated by the National Association of Realtors ("NAR") and then agreed to and implemented by Defendants in western Pennsylvania— every seller's broker, when listing a property on West Penn MLS's multiple listing service, must make a blanket, unilateral offer of compensation to any other West Penn MLS subscriber broker who procures a buyer for the home. The Buyer Broker Commission Rule is manifestly anticompetitive because, among other ill-effects, it compels the seller to compensate the broker representing the purchaser even though that broker should be working for the purchaser, not the seller; it mandates a "blanket offer," meaning that the same compensation must be offered to every buyer's broker, regardless of skill, experience, or the services provided; and it has the effect of encouraging "steering" by buyer-brokers, because it incentivizes them to direct their clients to properties with higher commission offers. As a result, home sellers generally pay between 5-6% of the total sale price of their home in broker commissions—although total commissions in western Pennsylvania range as high as 7%—with the seller's broker (the "Listing Broker") and the purchaser's broker (the "Buyer Broker") typically splitting the commission. The Defendants' conduct unlawfully restrains trade and competition, harms home sellers in the form of inflating the cost of selling a house, and is, therefore, violative of federal antitrust law. For these violations, Plaintiffs seek treble damages under federal antitrust law, injunctive relief, and the costs of this lawsuit, including reasonable attorneys' fees, says the complaint. The Plaintiff Spring Way sold a house located in Freedom, Pennsylvania, on or about September 8, 2023. West Penn MLS is a corporation comprising thousands of real estate professionals based in the Pittsburgh metropolitan area and surrounding counties.[BN] The Plaintiff is represented by: Bruce C. Fox, Esq. Hugh T. McKeegan, Esq. OBERMAYER REBMANN MAXWELL & HIPPEL LLP 525 William Penn Place, Suite 1710 Pittsburgh, PA 15219 Phone: (412) 566-1500 Fax: (412) 281-1530 Email: bruce.fox@obermayer.com hugh.mckeegan@obermayer.com WISP INC: Illegally Tracks Users' Health Info, B.C. Suit Says ------------------------------------------------------------- B.C., M.D., A.F., K.S.B. & A.W., individually and on behalf of all others similarly situated, Plaintiffs v. WISP, INC., Defendant, Case No. 3:23-cv-06155 (N.D. Cal., Nov. 28, 2023) is a class action lawsuit brought by the Plaintiffs, on behalf of all similarly situated individuals whose private information was disclosed to the Pixel Information Recipients through WISP's unauthorized use of pixels, Conversions API and/or other similar tracking technologies in violation of the Electronics Communication Privacy Act, the California Confidentiality of Medical Information Act, the California Invasion of Privacy Act, the California Consumers Legal Remedies Act, the California Unfair Competition Law, and various state consumer protection laws. According to the complaint, WISP installed and configured "pixels" and similar tracking technologies on its website, https://hellowisp.com, in order to acquire the highly valuable private information of its users, customers and patients. Invisible to the naked eye, pixels collect and transmit information from users' browsers to unauthorized third parties including, but not limited to, Meta Platforms, Inc. d/b/a Facebook, Google, Bing/Microsoft and TikTok Inc. The Plaintiffs and Class Members who visited and used WISP's website understandably thought they were communicating only with their trusted healthcare providers. But by employing third-party trackers, which obtain detailed information about its customers' medical information and sexual health, WISP effectively bartered the private medical information of its patients for more detailed analytics of its users to increase its revenues and profits, the suit alleges. WISP is a telehealth company that provides primary care, sexual health services and prescription refills as well as markets and sells birth control medications and treatments for sexually transmitted diseases, herpes, urinary tract and yeast infections as well as many other sensitive sexual and reproductive health issues.[BN] The Plaintiffs are represented by: David S. Almeida, Esq. John R. Parker, Jr., Esq. ALMEIDA LAW GROUP LLC 3550 Watt Avenue, Suite 140 Sacramento, CA 95821 Telephone: (916) 616-2936 E-mail: david@almeidalawgroup.com jrparker@almeidalawgroup.com - and - Nicholas Migliaccio, Esq. MIGLIACCIO & RATHOD LLP 412 H St. NE Washington, DC 20002 Telephone: (202) 470-3520 Facsimile: (202) 800-2730 E-mail: nmigliaccio@classlawdc.com ZEROED-IN TECHNOLOGIES: Biles Files Suit in M.D. Florida -------------------------------------------------------- A class action lawsuit has been filed against Zeroed-In Technologies, LLC, et al. The case is styled as Jacqueline Biles, individually and on behalf of all others similarly situated v. Zeroed-In Technologies, LLC, Dollar Tree, Inc., Case No. 2:23-cv-01139-SPC-KCD (M.D. Fla., Dec. 5, 2023). The nature of suit is stated Other Contract. ZeroedIn Technologies -- https://www.zeroedin.com/ -- is an innovative technology company that helps clients make better use of their own HR, talent, and business data.[BN] The Plaintiffs are represented by: Andrew W. Ferich, Esq. AHDOOT & WOLFSON, PC 201 King of Prussia Road, Suite 650 Radnor, PA 19087 Phone: (310) 474-9111 Fax: (310) 474-8585 - and - Tina Wolfson, Esq. AHDOOT & WOLFSON, PC 2600 W Olive Ave Ste 500 Burbank, CA 91505 Phone: (310) 474-9111 Fax: (310) 474-8585 Email: twolfson@ahdootwolfson.com - and - Jeffrey M. Ostrow, Esq. KOPELOWITZ OSTROW, PA One West Las Olas Blvd Ste 500 Ft Lauderdale, FL 33301 Phone: (954) 525-4100 Ext 215 Fax: (954) 525-4300 Email: ostrow@kolawyers.com ZEROED-IN TECHNOLOGIES: Pierce Files Suit in M.D. Florida --------------------------------------------------------- A class action lawsuit has been filed against Zeroed-In Technologies, LLC, et al. The case is styled as Nicholas Pierce, Misty Hunter, on behalf of himself and all others similarly situated v. Zeroed-In Technologies, LLC, Case No. 2:23-cv-01132 (M.D. Fla., Dec. 4, 2023). The nature of suit is stated Other Personal Property for Personal Injury. ZeroedIn Technologies -- https://www.zeroedin.com/ -- is an innovative technology company that helps clients make better use of their own HR, talent, and business data.[BN] The Plaintiffs are represented by: Jessica Wallace, Esq. SIRI & GLIMSTAD LLP 20200 West Dixie Highway Seventeenth Floor, Suite 902 Aventura, NY 33180 Phone: (786) 244-5660 Fax: (646) 417-5967 Email: jwallace@sirillp.com ZEROED-IN TECHNOLOGIES: Smith Files Suit in D. Maryland ------------------------------------------------------- A class action lawsuit has been filed against Zeroed-In Technologies, LLC, et al. The case is styled as Brittney Smith, on behalf of herself and all others similarly situated v. Zeroed-In Technologies, LLC, Dollar Tree, Inc., Family Dollar, LLC, Case No. 1:23-cv-03288 (D. Md., Dec. 5, 2023). The nature of suit is stated Other P.I. for Contract Dispute. ZeroedIn Technologies -- https://www.zeroedin.com/ -- is an innovative technology company that helps clients make better use of their own HR, talent, and business data.[BN] The Plaintiffs are represented by: Thomas A. Pacheco, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 900 W. Morgan Street Raleigh, NC 27603 Phone: (212) 946-9305 Fax: (865) 522-0049 Email: tpacheco@milberg.com ZEROED-IN TECHNOLOGIES: Stanley Sues Over Failure to Secure PII --------------------------------------------------------------- Kenneth Stanley, individually and on behalf of all others similarly situated v. ZEROED-IN TECHNOLOGIES, LLC and DOLLAR TREE, INC., Case No. 2:23-cv-01131 (M.D. Fla., Dec. 4, 2023), is brought against Defendants for their failure to properly secure and safeguard Plaintiff's and other similarly situated employees' ("Class Members") sensitive information, including names, dates of birth, and Social Security numbers ("personally identifiable information" or "PII"). By obtaining, collecting, using, and deriving a benefit from the PII of Plaintiff and Class Members, Defendants assumed legal and equitable duties to those individuals to protect and safeguard that information from unauthorized access and intrusion. On August 8, 2023, Zeroed-In discovered suspicious activity related to specific network systems (the "Data Breach"). In response, Zeroed-In "immediately took steps to secure the systems and launched an investigation into the nature and scope of the activity." As a result of its investigation, Zeroed-In concluded that Plaintiff's and Class Members' PII was compromised in the Data Breach, including names, dates of birth, and Social Security numbers. In a filing with the Office of the Maine Attorney General, Zeroed-In revealed that the PII of 1,977,486 million individuals is believed to have been exposed by the Data Breach. The Defendants failed to adequately protect Plaintiff's and Class Members PII––and failed to even encrypt or redact this highly sensitive information. This unencrypted, unredacted PII was compromised due to Defendants' negligent and/or careless acts and omissions and their utter failure to protect employees' sensitive data. Hackers targeted and obtained Plaintiff's and Class Members' PII because of its value in exploiting and stealing the identities of Plaintiff and Class Members. The present and continuing risk to victims of the Data Breach will remain for their respective lifetimes. The Defendants disregarded the rights of Plaintiff and Class Members by intentionally, willfully, recklessly, or negligently failing to implement and maintain adequate and reasonable measures and ensure those measures were followed by their IT vendors to ensure that the PII of Plaintiff and Class Members was safeguarded, failing to take available steps to prevent an 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, the PII of Plaintiff and Class Members was compromised through disclosure to an unknown and unauthorized third party, says the complaint. The Plaintiff received a Notice Letter dated November 27, 2023. Zeroed-In is a data technology company that sells workforce analytical software to its clients.[BN] The Plaintiff is represented by: Jeff Ostrow, Esq. Steven Sukert, Esq. KOPELOWITZ OSTROW FERGUSON WEISELBERG GILBERT One West Las Olas Blvd., Suite 500 Fort Lauderdale, FL 33301 Phone: 954-525-4100 Email: ostrow@kolawyers.com sukert@kolawyers.com ********* S U B S C R I P T I O N I N F O R M A T I O N Class Action Reporter is a daily newsletter, co-published by Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Washington, D.C., USA. Rousel Elaine T. Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L. Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors. Copyright 2023. All rights reserved. ISSN 1525-2272. This material is copyrighted and any commercial use, resale or publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. Information contained herein is obtained from sources believed to be reliable, but is not guaranteed. The CAR subscription rate is $775 for six months delivered via e-mail. Additional e-mail subscriptions for members of the same firm for the term of the initial subscription or balance thereof are $25 each. For subscription information, contact Peter A. Chapman at 215-945-7000. *** End of Transmission ***