/raid1/www/Hosts/bankrupt/CAR_Public/240202.mbx
C L A S S A C T I O N R E P O R T E R
Friday, February 2, 2024, Vol. 26, No. 25
Headlines
$38,916 IN US CURRENCY: Court Directs Filing of Discovery Plan
ACADIA LAPLACE: Suit Seeks to Certify Class of Non-Exempt Employees
ALLSTATE NORTHBROOK: Must File Class Cert Response by April 15
AMERICAN UNIVERSITY: Settlement in Qureshi Suit Gets Initial Nod
BAE SYSTEMS: Settlement Communication Bid to Class Members Tossed
BBI LOGISTICS: Filing of FLSA Notice to Plaintiffs Due July 8
BIMBO BAKERIES: Class Settlement in Botonis Suit Gets Initial Nod
BRETT DINOVI: Bid to Certify Class Denied w/o Prejudice as Untimely
CERTAINTEED LLC: Filing for Class Cert Bid Extended to Jan. 8, 2025
COLUMBIA RECYCLING: Filing for Class Certification Due July 8
CONTRACT LAND: Hollenkamp Sues Over Land Agent' Unpaid Overtime
CRASH CHAMPIONS: Fails to Provide Proper Wages, Maravilla Claims
DENISE HACKER: Strutton's Bid for Class Certification Tossed
EARTH BRANDS: Faces Morgan Suit Over Blind-Inaccessible Website
ELLIS HOSPITAL: Bid for Certificate of Appealability Nixed
EXPRESS SCRIPTS: Osterhaus Pharmacy Alleges Price Fixing Agreements
FCA US: Late Disclosed Expert Report Stricken in Nuwer Class Suit
HOME OIL: Parties Must File Dismissal Stipulation by Feb. 29
HOMESTREET BANK: McCracken Sues Over Unlawful Overdraft Fees
JD BYRIDER: Class Cert Bid Filing in Kirkland Extended to Feb. 26
LOS ANGELES, CA: Faces Levy Suit Over Unlawful Labor Practices
MERRILL GARDENS: Ct. Initially Approves Class Settlement in Ramirez
MIKE BLOOMBERG: Bid for Summary Judgment in Wood Suit Due March 15
NIKE INC: Appeals Denial of Motion to Stay in Cahill Suit
O & A LINE: Guerin Sues Over Unlawful Labor Practices
PACIFIC LUTHERAN: Website Inaccessible to Blind Users, Senior Says
PELICIA HALL: Bid to Restrict Access to Expert Report Denied
ROCKY TOP: Knoski Sues Over Restaurant Servers' Unpaid Wages
SAVINO DEL BENE: Faces Oliva Wage-and-Hour Class Suit in Calif.
SOLAR IMPULSE: Desrosiers Files Suit in Mass. Super. Ct.
SOUTHWESTERN HEALTH: Brumley Suit Removed to N.D. Texas
SPRINGS WINDOW: Tillapaugh Files Suit in Cal. Super. Ct.
SSS EDUCATION INC: Bryant Suit Removed to D. New Jersey
ST. LOUIS ALTENHEIM: Joe Seeks Medication Technicians' Unpaid OT
TARGET CORPORATION: Kadi Suit Removed to C.D. California
TOPGOLF PAYROLL: Escamilla Suit Removed to C.D. California
TRANSFORMATIVE HEALTHCARE: Durgin Files Suit in D. Massachusetts
TRAVIS CREDIT UNION: Tercero Files Suit in Cal. Super. Ct.
TRIMAC TRANSPORTATION: Castellanos Suit Removed to C.D. California
TRUSTED HEALTH: Fleming Files Suit in Cal. Super. Ct.
TVI INC: Hughes Suit Transferred to E.D. California
VICTORIA A. INTL: Erkan Files ADA Suit in E.D. New York
WAG HOTELS INC: Piper Files Suit in Cal. Super. Ct.
WALDORF ASTORIA: Blossom Suit Removed to C.D. California
WALGREENS COMPANY: Argueta Files Suit in E.D. California
WALMART INC: Butts-Lino Sues Over Racial Discrimination
WALTER AMARAL: Baker Sues Over Breaches of Fiduciary Duties
WESTERN SKIES VINEYARDS: Garcia Files Suit in Cal. Super. Ct.
WILDLIFE CONSERVATION: Patterson Sues Over Unlawful Processing Fees
WILLIAMS & ASSOCIATES: Class Settlement in Alfonso Gets Final Nod
WILMINGTON, DE: Seeks Dismissal of NAACP Suit
YOUR SIGNATURE SUPPLEMENTS: Liou Files Suit in S.D. California
YOYO MOTIVATION: Fails to Pay Nursing Assistants' OT, Mickler Says
Asbestos Litigation
*********
$38,916 IN US CURRENCY: Court Directs Filing of Discovery Plan
---------------------------------------------------------------
In the class action lawsuit captioned as United States of America
v. $38,916.00 IN U.S. CURRENCY, Case No. 4:21-cv-04113-SLD-JEH
(C.D. Ill.), the Hon. Judge Jonathan E. Hawley entered a standing
order as follows:
-- Rule 16 scheduling conference
The Court will set a Rule 16 scheduling conference
approximately
30 days after the answer or other responsive pleading is
filed.
The conference will generally be conducted by telephone.
-- Discovery plan
The discovery plan shall be filed with the Court at least
three
calendar days before the Rule 16 scheduling conference.
-- Waiver of the Rule 16 scheduling conference
If the parties agree on all matters contained in the
discovery
plan, then the parties may waive the Rule 16 scheduling
conference. To do so, the parties shall indicate in the
discovery that the parties agree upon all maters contained
within the discovery plan, and they request that the Rule 16
scheduling conference be cancelled.
-- Failure of counsel to attend a scheduled telephone hearing
For the convenience of counsel, the Court conducts most
hearings
by telephone when possible. Counsel's failure to appear for a
telephone hearing will be treated as a failure of counsel to
appear for an in-person hearing.
-- Discovery disputes brought to the Court's attention after the
discovery deadline has already passed
The parties may not raise a discovery dispute with the Court
after the relevant discovery deadline has passed; all
discovery
disputes must be brought to the Court's attention before the
relevant discovery deadline passes. Any discovery disputes
raised with the Court after the expiration of the relevant
discovery deadline shall be deemed waived by the Court, even
if
the parties agreed to conduct discovery after the relevant
discovery deadline has passed. If the parties agree to
conduct
discovery after the expiration of a deadline set by the
Court,
they must still file a motion requesting that the Court move
that deadline as agreed by the parties in order to avoid any
subsequent discovery disputes being deemed waived.
-- Settlement conferences and mediation
The parties are encouraged to seek a settlement conference or
mediation with a magistrate judge. Where parties request a
settlement conference or mediation in a case referred to
Judge
Hawley, Judge Hawley will conduct said conference or
mediation.
A copy of the Court's order dated Jan. 10, 2024 is available from
PacerMonitor.com at https://bit.ly/4bjfvw3 at no extra charge.[CC]
ACADIA LAPLACE: Suit Seeks to Certify Class of Non-Exempt Employees
-------------------------------------------------------------------
In the class action lawsuit captioned as AMY HAMM and JOYE WILSON,
on behalf of themselves and all others similarly situated, v.
ACADIA LAPLACE HOLDINGS, LLC and OCHSNER-ACADIA, LLC, Case No.
2:20-cv-01515-SM-DPC (E.D. La.), the Plaintiffs ask the Court to
enter an order certifying the following class under Fed. R. Civ. P.
23(a) and Fed. R. Civ. P. 23(b)(3):
"All current and former hourly, non-exempt employees, providing
patient care, including but not limited to nursing staff,
nurses,
nursing assistants, nurse aides, technicians, clerks, non-exempt
therapists, or other employees with similar job duties employed
by
any by Defendants at the River Place Behavioral Health Hospital
at
any time until resolution of this action."
The Defendants failed to pay the Plaintiffs and putative class
members all nonovertime wages they earned for work done during
purported off-duty meal breaks and otherwise being effectively "on
call" during such periods. The claims thus arise under La. Civ.
Code Art.
A copy of the Plaintiffs' motion dated Jan. 10, 2024 is available
from PacerMonitor.com at https://bit.ly/3vQhVBK at no extra
charge.[CC]
The Plaintiffs are represented by:
Carolyn H. Cottrell, Esq.
Ori Edelstein, Esq.
Robert E. Morelli, III, Esq.
SCHNEIDER WALLACE COTTRELL KONECKY LLP
2000 Powell Street, Suite 1400
Emeryville, CA 94608
Telephone: (415) 421-7100
Facsimile: (415) 421-7105
E-mail: ccottrell@schneiderwallace.com
oedelstein@schneiderwallace.com
rmorelli@schneiderwallace.com
- and -
Joseph C. Peiffer, Esq.
Daniel Centner, Esq.
PEIFFER WOLF CARR KANE & CONWAY, APLC
1519 Robert C. Blakes, Sr. Drive
New Orleans, LA 70130
Telephone: (504) 523-2434
E-mail: JPeiffer@peifferwolf.com
DCentner@peifferwolf.com
ALLSTATE NORTHBROOK: Must File Class Cert Response by April 15
--------------------------------------------------------------
In the class action lawsuit captioned as MINERVA CHAVEZ
individually and on behalf of others similarly situated, v.
ALLSTATE NORTHBROOK INDEMNITY COMPANY, Case No.
3:22-cv-00166-AJB-MMP (S.D. Cal.), the Hon. Judge Anthony J.
Battaglia entered an order granting joint
motion regarding class certification briefing schedule as follows:
1. The Defendant's deadline to file a April 15,
2024
response to Plaintiff's motion for
class certification, including
declaration(s) of expert witness(es)
in opposition to certification and
objections, if any, to the
qualifications or proposed testimony
of the Plaintiff's expert witness, is:
2. The Plaintiff's deadline to file a reply May 30, 2024
in support of her motion for class
certification, including any rebuttal
expert witness declaration(s) in support
of class certification and objections,
if any, to the qualifications or proposed
testimony of Defendant's expert witness(es),
is:
Allstate provides marine, fire, marine, business, credit, and
casualty insurance products and services to its clients.
A copy of the Court's order dated Jan. 10, 2024 is available from
PacerMonitor.com at https://bit.ly/3vFUHhD at no extra charge.[CC]
AMERICAN UNIVERSITY: Settlement in Qureshi Suit Gets Initial Nod
----------------------------------------------------------------
In the class action lawsuit captioned as Qureshi v. AMERICAN
UNIVERSITY, Case No. 1:20-cv-01141 (D.D.C., Filed May 1, 2020), the
Hon. Judge Christopher R Cooper entered an order denying as moot
motion to certify class.
In light of the notice of settlement and order granting motion for
preliminary approval of class action settlement agreement, the
motion to certify class is denied as moot.
The nature of suit states Diversity-Breach of Contract.
American University is a private federally chartered research
university in Washington, D.C.[CC]
BAE SYSTEMS: Settlement Communication Bid to Class Members Tossed
-----------------------------------------------------------------
In the class action lawsuit captioned as FEDERICO CABRALES and
TYCHICUS STANISLAS, individually and on behalf of others similarly
situated, v. BAE SYSTEMS SAN DIEGO SHIP REPAIR, INC., a California
corporation; and DOES 1 through 50, inclusive, Case No.
3:21-cv-02122-AJB-DDL (S.D. Cal.), the Hon. Judge Anthony J.
Battaglia entered an order denying the following motions:
-- Defendant BAE Systems San Diego Ship Repair, Inc.'s Ex Parte
Motion for Order Approving Supplemental Settlement
Communication
to Class Members and Allowing Additional Time for
Consideration.
-- The Plaintiffs Federico Cabrales and Tychicus Stanislas's Ex
Parte
application for the Court to not consider Defendant's Reply in
support of its Ex Parte Motion for Order Approving Supplemental
Settlement Communication to Class Members and Allowing
Additional
Time for Consideration, or in the alternative, for leave to
file a
sur-reply in response to Defendant's Reply.
BAE Systems is a provider of non-nuclear ship repairs,
modernization, conversion, and overhaul for government and
commercial customers.
A copy of the Court's order dated Jan. 10, 2024 is available from
PacerMonitor.com at https://bit.ly/3SaMGJc at no extra charge.[CC]
BBI LOGISTICS: Filing of FLSA Notice to Plaintiffs Due July 8
-------------------------------------------------------------
In the class action lawsuit captioned as DAVID LARSON, v. BBI
LOGISTICS, LLC, Case No. 2:23-cv-03633-MHW-KAJ (S.D. Ohio), the
Hon. Judge Kimberly A. Jolson entered a First Pretrial Conference
order as follows:
-- The parties shall exchange initial disclosures Jan. 18,
2024
by:
-- Any motion to amend the pleadings or to join Jan. 30,
2024
additional parties shall be filed by:
-- Fair Labor Standards Act (FLSA) notice discovery May 9,
2024
completed by:
-- The Plaintiff's motion for Court supervised June 7,
2024
FLSA-notice to potential plaintiffs to be
filed on or before:
-- The Defendant's opposition to Plaintiff's motion July 8,
2024
for Court supervised FLSA-notice to potential
plaintiffs to be filed on or before:
-- The Plaintiff's reply, if any, by: July 22,
2024
The Plaintiff brings this case as a collective action on behalf of
himself and other similarly situated employees. The Plaintiff
alleges that Defendant failed to pay him and other similarly
situated employees overtime compensation in violation of the Fair
Labor Standards Act (FLSA). The Defendant denies Plaintiff's
allegations and asserts that Plaintiff and other similarly situated
employees were exempt from overtime requirements of the FLSA and/or
appropriately compensated pursuant to the requirements of the FLSA,
among other affirmative defenses.
BBI Logistics is a freight brokerage firm.
A copy of the Court's order dated Jan. 10, 2024 is available from
PacerMonitor.com at https://bit.ly/4b54D4A at no extra charge.[CC]
BIMBO BAKERIES: Class Settlement in Botonis Suit Gets Initial Nod
-----------------------------------------------------------------
In the class action lawsuit captioned as TIM BOTONIS and LIAM
PATRICK MEIKLE, on behalf of themselves and all others similarly
situated, v. BIMBO BAKERIES USA, Inc., Case No.
2:22-cv-01453-DJC-DB (E.D. Cal.), the Hon. Judge Daniel J.
Calabretta entered an order grating Plaintiffs' unopposed motion
for provisional class certification and
preliminary approval of settlement.
The Rule 23 class is provisionally certified, the Plaintiffs Tim
Botonis and Liam Patrick Meikle are appointed Class
Representatives, and Beeson, Tayer & Bodine, APC are appointed
Class Counsel.
Phoenix Class Action Administration Solutions is appointed as the
Settlement Administrator for this class action settlement.
The Settlement Agreement is preliminarily approved as fair,
reasonable, and adequate.
The parties' plan for notice to the class is the best notice
practicable and satisfies the due process concerns of Rule 23.
The deadline for Class Counsel's forthcoming motions and the date
of the fairness hearing has been set to account for any delay in
remailing notices to the class members under the procedures set
forth in the Settlement Agreement.
Deadline for defendant to provide to Fifteen (15) business
Settlement Administrator all required days from the date of
information about the putative class this order.
members.
Deadline for mailing of Notices by Ten (10) business days
the Settlement Administrator. after receipt of the
Class Data.
Last day for Plaintiffs to request May 11, 2024
final approval of the settlement
agreement, attorneys' fees, and
incentive award, and submit the
Settlement Administrator's
declaration.
Fairness Hearing Date. June 6, 2024
The Plaintiffs Tom Botonis and Liam Patrick Meikle worked for
Defendant Bimbo Bakeries USA, Inc. as a "Route Sales Professional"
and a "Transport Associate" respectively. The Defendant sells
products throughout California and has a Sacramento distribution
center out of where Plaintiffs work.
The Plaintiffs have filed a suit on behalf of both themselves and a
putative class of other similarly situated employees in which they
claim that Defendant failed to properly reimburse employees'
business expenses in violation of California Labor Code Labor Code
Section 2802, provide accurate itemized wage statements to
employees in violation of California Labor Code Sections 226 and
1174, and pay employee wages upon termination of employment in
violation of California Labor Code Sections 201–203.
The Plaintiffs' claims center on the failure to reimburse employees
for required usage of personal cell phones for business purposes.
Based on these same allegations, Plaintiffs also bring an unfair
competition and business practices claim as well as a PAGA claim.
Under the terms of the Settlement Agreement, the proposed class
consists of:
"all current and former individuals who are or previously were
employed by Defendant in California as Transport Associates or
Route Sales Professionals or any associate doing similar work
during the Class Period (i.e., May 10, 2018 to August 26,
2023)."
This includes but is not limited to employees with titles of
"Bakery RSR; Commission Sales Representative; Relief Driver;
Relief
Drivers; Relief Route Drivers; Route Relief; Route Sales
Representative; Route Sales Representative-Express Routes; Route
Sales Representatives; [and] Vacation Relief RSR."
There are approximately 1,692 members of the proposed class. All
members of the proposed class are eligible for reimbursement for
use of personal cell phones.
A portion of the class (1,281 members from the total class) is also
eligible for a portion of the PAGA penalties assessed based on when
each class member was employed by Defendant and the duration of
that employment.
The parties have agreed to settle these claims for a Gross
Settlement Amount ("GSA") of $875,000 with no portion of the GSA
reverting to the Defendant (i.e., a "non-reversionary" settlement).
The proposed settlement includes a number of deductions from the
GSA before distribution to class members:
(1) up to $130,000 in attorneys' fees;
(2) up to $10,000 in litigation costs and expenses to Class
Counsel;
(3) $5,000 to each named Plaintiff as a Class Representative
award;
(4) $7,500 to the California Labor and Workforce Development
Agency
as the 75% portion owed as a result of the $10,000 PAGA
penalty; and
(5) a Settlement Administrator fee currently estimated at
$11,765
and capped at $15,000.
Bimbo Bakeries is the American corporate arm of the Mexican
multinational bakery product manufacturing company Grupo Bimbo.
A copy of the Court's order dated Jan. 9, 2024 is available from
PacerMonitor.com at https://bit.ly/4b18X4Y at no extra charge.[CC]
BRETT DINOVI: Bid to Certify Class Denied w/o Prejudice as Untimely
-------------------------------------------------------------------
In the class action lawsuit captioned as RACHEL ANN PHILBIN., v.
BRETT DINOVI & ASSOCIATES, LLC, Case No. 1:21-cv-20402-CPO-AMD
(D.N.J.), the Hon. Judge Christine P. O'Hearn entered an order
denying without prejudice as untimely the Plaintiff's Motion to
Certify Class.
The Court further ordered that this matter is referred to the
Magistrate Judge to address issues with respect to the previously
issued scheduling order.
Brett DiNovi provides behavioral consultation and leadership
training.
A copy of the Court's order dated Jan. 10, 2024 is available from
PacerMonitor.com at https://bit.ly/48EPi9b at no extra charge.[CC]
CERTAINTEED LLC: Filing for Class Cert Bid Extended to Jan. 8, 2025
-------------------------------------------------------------------
In the class action lawsuit captioned as CHANTHA SVAY,
individually, and on behalf of all others similarly situated, v.
CERTAINTEED LLC, a limited liability corporation; and DOES 1
through 10, inclusive, Case No. 1:23-cv-00775-NODJ-EPG (E.D. Cal.),
the Hon. Judge Erica P. Grosjean entered an order granting joint
stipulation to modify scheduling order and directing clerk of court
to terminate Francisco Trejoramirez from the docket:
1. The Defendant's responsive pleading deadline is extended from
Jan. 12, 2024 to May 31, 2024.
2. The discovery deadline concerning the merits of Plaintiff's
individual claims and concerning class certification is
extended
from Sept. 20, 2024 to Nov. 22, 2024.
3. The deadline concerning expert witness disclosures is
extended
from July 18, 2024 to Sept. 19, 2024.
4. The deadline concerning rebuttal expert disclosures is
extended
from Aug. 19, 2024 to Oct. 21, 2024.
5. The expert discovery deadline is extended from Sept. 18, 2024
to
Nov. 20, 2024.
6. The Plaintiff's class certification deadline is extended from
Nov. 4, 2024 to Jan. 8, 2025.
7. The March 4, 2024 Mid-Discovery Status Conference is vacated
and
is reset for May 6, 2024 at 11 a.m.
CertainTeed is a North American manufacturer of building materials
for both commercial and residential construction.
A copy of the Court's order dated Jan. 10, 2024 is available from
PacerMonitor.com at https://bit.ly/3vFVbUZ at no extra charge.[CC]
COLUMBIA RECYCLING: Filing for Class Certification Due July 8
-------------------------------------------------------------
In the class action lawsuit captioned as Osvaldo de la Fuente and
Victor Hugo Tapia Romero, v. Columbia Recycling Corp. and Gold
Pond Corp., Case No. 4:22-cv-00256-WMR (N.D. Ga.), the Hon. Judge
William M. Ray, II entered an order modifying the Scheduling Order
as follows:
a. The initial discovery period will June 7, 2024
expire on:
b. The Plaintiffs' motion for class July 8, 2024
certification under Fed. R. Civ.
P. 23 will be due on or before:
Columbia Recycling specializes in synthetic fiber extrusion and
pelletization.
A copy of the Court's order dated Jan. 10, 2024 is available from
PacerMonitor.com at https://bit.ly/3Ss6JnZ at no extra charge.[CC]
CONTRACT LAND: Hollenkamp Sues Over Land Agent' Unpaid Overtime
---------------------------------------------------------------
CHRISTIAN HOLLENKAMP, individually and for others similarly
situated, Plaintiff v. CONTRACT LAND STAFF, LLC, Defendant, Case
No. 7:24-cv-00007 (W.D. Tex., Jan. 10, 2024) seeks to recover
unpaid overtime wages and other damages from the Defendant under
the Fair Labor Standards Act.
Plaintiff Hollenkamp worked for CLS under a variety of job titles,
including Lead Agent, Acquisition Agent, and Right of Way Agent
from October 2017 until November 2020. He and the Putative Class
Members regularly worked more than 40 hours a week. But Hollenkamp
and the Putative Class Members never received overtime for hours
worked in excess of 40 hours in a single workweek, says the suit.
Contract Land Staff, LLC is an independent right of way and land
management consulting company.[BN]
The Plaintiff is represented by:
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
Richard M. Schreiber, Esq.
JOSEPHSON DUNLAP LLP
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Telephone: (713) 352-1100
Facsimile: (713) 352-3300
E-mail: mjosephson@mybackwages.com
adunlap@mybackwages.com
rschreiber@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
E-mail: rburch@brucknerburch.com
CRASH CHAMPIONS: Fails to Provide Proper Wages, Maravilla Claims
----------------------------------------------------------------
JOSE MARAVILLA, on behalf of himself and others similarly situated,
Plaintiff v. CRASH CHAMPIONS, LLC; and DOES 1 to 100, inclusive,
Defendants, Case No. 24STCV00720 (Cal. Super., Los Angeles Cty.,
January 10, 2024) is a class action against the Defendants for
alleged unlawful labor practices and policies in violation of the
California Labor Code and the California Business and Professions
Code.
The Plaintiff brought this suit seeking unpaid wages and interest
thereon for Defendants' failure to pay wages for all hours worked
at minimum wage and all overtime hours worked at the overtime rate
of pay; failure to authorize or permit all legally required and/or
compliant meal periods or pay meal period premium wages; failure to
authorize or permit all legally required and/or compliant rest
periods or pay rest period premium wages; statutory penalties for
failure to provide accurate wage statements; statutory waiting time
penalties in the form of continuation wages for failure to timely
pay employees all wages due upon separation of employment;
injunctive relief and other equitable relief; reasonable attorneys'
fees pursuant to Labor Code Sections 218.5, 226(e) and 1194; costs;
and interest brought on behalf of himself and others similarly
situated.
The Plaintiff was employed by the Defendants as an hourly
non-exempt employee from 2017 until October 27, 2023.
Crash Champions, LLC provides automotive services. The Company
specializes in vehicle diagnosis, repair, and paint services.[BN]
The Plaintiff is represented by:
Joseph Lavi, Esq.
Vincent C. Granberry, Esq.
Jovahn Wiggins, Esq.
Cassandra Castro, Esq.
LAVI & EBRAHIMIAN, LLP
8889 W. Olympic Boulevard, Suite 200
Beverly Hills, CA 90211
Telephone: (310) 432-0000
Facsimile: (310) 432-0001
E-mail: ilavi@lelawfirm.com
vgranberry@lelawfirm.com
iwiggins@lelawfirm.com
ccastro@lelawfirm.com
DENISE HACKER: Strutton's Bid for Class Certification Tossed
------------------------------------------------------------
In the class action lawsuit captioned as DENNIS STRUTTON, et al.,
v. DENISE HACKER, et al., Case No. 4:23-cv-01134-SPM (E.D. Mo.),
the Hon. Judge Henry Edward Autrey entered an order as follows:
-- In accordance with Federal Rule of Civil Procedure 21, the
plaintiff James Moller will be severed and dismissed from this
action.
-- The plaintiff Dennis Strutton's motion to proceed in forma
pauperis is denied due to plaintiff's failure to provide
financial
information.
-- Within 21 days of the date of this Order, the plaintiff Dennis
Strutton shall pay the $402 filing fee.
-- The Plaintiff's failure to pay the filing fee will result in a
dismissal of this action.
-- The plaintiff Dennis Strutton's motion for class certification
is
denied.
-- The Clerk of Court shall mail to plaintiff Dennis Strutton a
blank
Prisoner Civil Rights Complaint form.
-- Within 21 days of the date of this Opinion, Memorandum and
Order,
plaintiff Dennis Strutton shall submit an amended complaint, on
a
Court-provided form, in accordance with the instructions set
forth
herein.
-- The plaintiff Dennis Strutton's official capacity claims
against
defendants are dismissed at this time.
-- If the plaintiff Dennis Strutton fails to timely comply with
this Opinion, Memorandum and Order, the Court will dismiss this
action without prejudice and without further notice.
The Plaintiff Dennis Strutton, a civil detainee currently housed at
the Sexual Offender Rehabilitation and Treatment Services Center
(SORTS) in Farmington, Missouri, brings this action pursuant to 42
U.S.C. section 1983.
The Plaintiff names the following as defendants in this action:
Denise Hacker (Chief Operating Officer, SORTS); Christopher
Chamberlain (Director of Security, SORTS); George Killian (Director
of Treatment, SORTS); Stacy Giggs (Program Director, SORTS);
Matthew Roach (Chief Financial Officer, SORTS). Plaintiff
additionally claims that he is suing "Several Does of the Sex
Offender Rehabilitation and Treatment Services Facility." The
Plaintiff sues defendants in their individual and official
capacities.
The Plaintiff Dennis Strutton alleges a plethora of claims against
the five defendants in this lawsuit. Although he claims that he is
asserting only eight claims in his complaint, each claim has
multiple subparts and several claims number multiple pages in
length.
A copy of the Court's opinion, memorandum and order dated Jan. 10,
2024 is available from PacerMonitor.com at https://bit.ly/3tSBOI1
at no extra charge.[CC]
EARTH BRANDS: Faces Morgan Suit Over Blind-Inaccessible Website
---------------------------------------------------------------
PARADISE MORGAN, Plaintiff v. EARTH BRANDS INC., Defendant, Case
No. 150220/2024 (N.Y. Sup., New York Cty., January 9, 2024) is a
class action brought by the Plaintiff, on behalf of himself and all
other persons similarly situated visually-impaired and legally
blind individuals, after Defendant denied them full and equal
access to its website, www.earthbrands.earth, in violation of the
New York State Human Rights Law, the New York State Civil Rights
Law, and the New York City Human Rights Law.
According to the complaint, Earthbrands.earth provides to the
public a wide array of the goods, services, price specials,
employment opportunities and other programs. Yet, the website
contains thousands of access barriers that make it difficult if not
impossible for blind and visually-impaired customers to use the
website. In fact, the access barriers make it impossible for blind
and visually-impaired users to even complete a transaction on the
website, says the suit.
The Plaintiff seeks a permanent injunction to cause a change in
Exact Sciences' policies, practices, and procedures so that
Defendant's website will become and remain accessible to blind and
visually-impaired consumers. This complaint also seeks compensatory
damages to compensate Plaintiff for having been subjected to
alleged unlawful discrimination.
Earth Brands Inc. is a sustainable products company.[BN]
The Plaintiff is represented by:
Dan Shaked, Esq.
SHAKED LAW GROUP, P.C.
14 Harwood Court, Suite 415
Scarsdale, NY 10583
Telephone: (917) 373-9128
E-mail: ShakedLawGroup@Gmail.com
ELLIS HOSPITAL: Bid for Certificate of Appealability Nixed
----------------------------------------------------------
In the class action lawsuit captioned as DENISE DAVELLA,
individually and on behalf of all others similarly situated, v.
ELLIS HOSPITAL, INC., doing business as Ellis Medicine, Case No.
1:20-cv-00726-MAD-MJK (N.D.N.Y.), the Hon. Judge Mae A. D'Agostino
entered an order denying the Defendant's motion for a certificate
of appealability.
The Court further orders that the parties confer and submit to the
Court a joint proposed scheduling order in line with the
requirements set forth in the conclusion of the Court's August 21,
2023.
The Court agrees that if the Second Circuit were to reverse this
Court's conditional certification decision and abrogate the
two-step process, then the Court would have "to more closely
scrutinize the similarities between the putative collective
members" and if the Second Circuit affirmed this Court's decision,
"notice would issue to a larger group of putative collective
members."
The Plaintiff filed a third amended complaint against Ellis
Hospital, alleging violations of the Fair Labor Standards Act
("FLSA") and New York Labor Law ("NYLL") for failure to pay full
compensation.
On Dec. 14, 2022, Davella moved for conditional class
certification. The Defendant responded in opposition, and Davella
replied. On Aug. 21, 2023, the Court granted Davella's motion for
conditional class certification.
The Plaintiffs are non-exempt nurses who worked for Defendant and
allege that Defendant failed to compensate similarly situated
employees for work performed during unpaid meal periods
and while off-the-clock.
Ellis Hospital provides emergency, inpatient medical/surgical and
psychiatric care.
A copy of the Court's memorandum-decision and order dated Jan. 9,
2024 is available from PacerMonitor.com at https://bit.ly/3O5fX6S
at no extra charge.[CC]
The Plaintiff is represented by:
Carolyn Hunt Cottrell, Esq.
Ori Edelstein, Esq.
David Christopher Leimbach, Esq.
Robert E. Morelli, III, Esq.
John J. Nestico, Esq.
SCHNEIDER WALLACE COTTRELL KONECKY LLP
2000 Powell Street, Suite 1400
Emeryville, CA 94608
The Defendant is represented by:
Michael D. Billok, Esq.
Eric M. O'Bryan, Esq.
BOND, SCHOENECK & KING, PLLC
268 Broadway, Suite 104
Saratoga Springs, NY 12866
EXPRESS SCRIPTS: Osterhaus Pharmacy Alleges Price Fixing Agreements
-------------------------------------------------------------------
OSTERHAUS PHARMACY, INC., CAMMACK'S PHARMACIES INC., DBA JIM'S
PHARMACY AND HOME HEALTH, HARBOR DRUG CO., INC. and VALU DRUGS
INC., on behalf of themselves and all others similarly situated,
Plaintiffs v. EXPRESS SCRIPTS, INC. and EVERNORTH HEALTH, INC.,
formerly known as Express Scripts Holding Company, Defendants, Case
No. 2:24-cv-00039 (W.D. Wash., Jan. 9, 2024) seeks treble damages,
costs, attorneys' fees, and other monetary relief for Defendants'
engagement in a series of price-fixing agreements with
co-conspirators in violation of Section 1 of the Sherman Act.
This civil antitrust action arises out of Defendant Express
Scripts' horizontal conspiracies with each of direct competitors,
Prime Therapeutics LLC, Benecard Services, LLC, and Magellan Rx
Management, LLC, to fix pharmaceutical reimbursement rates and
related fees. These price-fixing agreements enable Prime, Benecard,
and Magellan to impose reimbursement rates and fees that are less
favorable to pharmacies than they otherwise would be, matching
Express Scripts' reimbursement rates and fees.
Through the unlawful agreements with Express Scripts, each
Co-Conspirator was able to reduce its reimbursement rates and raise
its fees to the levels of the more powerful Express Scripts. In
effect, the Co-Conspirators rented Express Scripts' market power,
the suit says.
Osterhaus Pharmacy, Inc., formerly operated as Osterhaus Pharmacy
and M&M Care, is a corporation that was organized under the laws of
Iowa.
Express Scripts, Inc. is one of the two largest pharmacy benefit
managers, managing pharmaceutical benefits for over 100 million
health-plan members.[BN]
The Plaintiffs are represented by:
Beth E. Terrell, Esq.
Amanda M. Steiner, Esq.
Blythe H. Chandler, Esq.
TERRELL MARSHALL LAW GROUP PLLC
936 N. 34th Street, Suite 300
Seattle, WA 98103-8869
Telephone: (206) 816-6603
E-mail: bterrell@terrellmarshall.com
asteiner@terrellmarshall.com
bchandler@terrellmarshall.com
- and -
Joseph M. Vanek, Esq.
Paul E. Slater, Esq.
Phil Cramer, Esq.
Trevor K. Scheetz, Esq.
Kathryn M. DeLong, Esq.
SPERLING & SLATER, LLC
55 W. Monroe Street, Suite 3200
Chicago, IL 60603
Telephone: (312) 641-3200
E-mail: jvanek@sperling-law.com
pes@sperling-law.com
pcramer@sperling-law.com
tscheetz@sperling-law.com
kdelong@sperling-law.com
- and -
Steve D. Shadowen, Esq.
Nicholas W. Shadowen, Esq.
Kathryn Allen, Esq.
HILLIARD SHADOWEN LLP
1717 W. Sixth Street, Suite 370
Austin, TX 78703
Telephone: (855) 344-3298
E-mail: steve@hilliardshadowenlaw.com
nshadowen@hilliardshadowenlaw.com
kallen@hilliardshadowenlaw.com
- and -
Mark R. Cuker, Esq.
CUKER LAW FIRM
575 Pinetown Rd P.O. Box 1151
Ft. Washington, PA 19034
Telephone: (215) 531-8522
E-mail: mark@cukerlaw.com
- and -
Joshua P. Davis, Esq.
Julie A. Pollock, Esq.
BERGER MONTAGUE PC
505 Montgomery Street, Suite 625
San Francisco, CA 94111
Telephone: (415) 906-0684
E-mail: jdavis@bm.net
jpollock@bm.net
- and -
Michael L. Roberts, Esq.
Erich P. Schork, Esq.
Kelly Rinehart, Esq.
ROBERTS LAW FIRM US, PC
1920 McKinney Avenue, Suite 700
Dallas, TX 75204
Telephone: (501) 821-5575
Email: mikeroberts@robertslawfirm.us
erichschork@robertslawfirm.us
kellyrinehart@robertslawfirm.us
FCA US: Late Disclosed Expert Report Stricken in Nuwer Class Suit
-----------------------------------------------------------------
In the class action lawsuit captioned as JASON NUWER, et al., v.
FCA US LLC f/k/a CHRYSLER GROUP LLC, Case No. 0:20-cv-60432-AHS
(S.D. Fla.), the Hon. Judge Raag Singhal entered an order granting
the Defendant's motion to strike the Plaintiff's Late Disclosed
Expert Report and Fact Witnesses.
In Nov. 2023, a district court in Massachusetts tried a class
action brought against Defendant FCA US LLC which involved
virtually the same AHRs at issue in this case. Costa v. FCA US LLC,
Case No. 1:20-cv-11810 (D. Mass.). The Costa case is not a
surprise; the parties and the Court have cited to decisions from
the Costa court throughout this litigation. Plaintiff’s counsel
attended and observed the Costa trial.
The Plaintiff contends that he learned for the first time at the
Costa trial that FCA US LLC claims that AHR deployments do not
cause injuries. "As soon as the Costa trial concluded, the
Plaintiff's counsel began to search for FCA consumers who had
experienced inadvertent deployments in Class Vehicles and might
testify in this case.
FCA designs, engineers, manufactures, and sells vehicles.
A copy of the Court's order dated Jan. 10, 2024 is available from
PacerMonitor.com at https://bit.ly/3S95LLJ at no extra charge.[CC]
HOME OIL: Parties Must File Dismissal Stipulation by Feb. 29
------------------------------------------------------------
In the class action lawsuit captioned as JESSICA HARPER, v. HOME
OIL COMPANY, INC., dba HOBO PANTRY, Case No. 1:23-cv-00453-RAH-KFP
(M.D. Ala.), the Hon. Judge R. Austin Huffaker, Jr. entered an
order as follows:
1. All attendant deadlines and hearings, including the class
certification deadline currently set for Jan. 15, 2024, are
stayed but shall be reset, if necessary, pending further
orders
from the Court.
2. Parties shall file a stipulation of dismissal by Feb. 29,
2024.
Home Oil distributes petroleum products.
A copy of the Court's order dated Jan. 10, 2024 is available from
PacerMonitor.com at https://bit.ly/4932Z1K at no extra charge.[CC]
HOMESTREET BANK: McCracken Sues Over Unlawful Overdraft Fees
------------------------------------------------------------
MATTHEW MCCRACKEN, individually and on behalf of all others
similarly situated, Plaintiff v. HOMESTREET BANK, Defendant, Case
No. 24-2-00703-2 SEA (Wash. Super., King Cty., January 10, 2024) is
an action brought by the Plaintiff, individually and on behalf of
Class of all similarly situated consumers against Defendant
HomeStreet Bank, arising from routinely charging more than one
overdraft fee or non-sufficient funds fees on a single
transaction.
According to the complaint, HomeStreet misleadingly and deceptively
misrepresents its fee practices, including in its own account
contracts. HomeStreet's improper scheme to extract funds from
account holders has victimized Plaintiff and thousands of other
similarly situated consumers. Unless enjoined, HomeStreet will
continue to engage in these schemes and will continue to cause
substantial injury to its consumers, says the suit.
Plaintiff McCracken is an individual and resident of Olympia,
Thurston County, Washington and has had a checking account with
HomeStreet Bank at all times material hereto.
HomeStreet Bank is a bank headquartered in Seattle, King County,
Washington with nearly $9 billion in assets and locations
throughout Washington, California, Utah, and Idaho.[BN]
The Plaintiff is represented by:
Kim D. Stephens, Esq.
Cecily C. Jordan, Esq.
TOUSLEY BRAIN STEPHENS PLLC
1200 Fifth Avenue, Suite 1700
Seattle, WA 98101
Telephone: (206) 682-5600
Facsimile: (206) 682-2992
E-mail: stephens@tousley.com
cjordan@tousley.com
- and -
Jeffrey D. Kaliel, Esq.
Sophia G. Gold, Esq.
KALIELGOLD PLLC
1100 15th Street NW, 4th Floor
Washington, DC 20005
Telephone: (202) 350-4783
E-mail: sgold@kalielgold.com
JD BYRIDER: Class Cert Bid Filing in Kirkland Extended to Feb. 26
-----------------------------------------------------------------
In the class action lawsuit captioned as DEVYN KIRKLAND, v. JD
BYRIDER DFW TEXAS INC., Case No. 3:23-cv-01939-X (N.D. Tex.), the
Hon. Judge Brantley Starr entered an order as follows:
-- Denying the Defendant's Amended Motion to Dismiss.
-- Denying motion to stay discovery.
-- Granting the Plaintiff's motion to extend the deadline to
certify
a class until Feb. 26, 2024.
A copy of the Court's order dated Jan. 10, 2024 is available from
PacerMonitor.com at https://bit.ly/3SsR9bq at no extra charge.[CC]
LOS ANGELES, CA: Faces Levy Suit Over Unlawful Labor Practices
--------------------------------------------------------------
RASHELL LEVY, individually and on behalf of other persons similarly
situated, Plaintiff v. LOS ANGELES UNIFIED SCHOOL DISTRICT; and
DOES 1-50, Defendants, Case No. 24STCV00731 (Cal. Super., Los
Angeles Cty., January 10, 2024) arises from the Defendants' alleged
unlawful labor practices and policies in violation of the
California Labor Code and applicable Wage Orders of the Industrial
Welfare Commission.
Plaintiff Levy, on behalf of herself and other similarly situated
current and former employees of the District who have worked as
teachers assigned to students of the Berenece Carlson Home Hospital
School, brings this class action to recover unpaid wages earned and
due, retirement contributions owed, liquidated damages, penalties
and interest, reimbursements owing on expenses incurred, and
attorneys' fees, and costs, arising from the District's unlawful
conduct.
The Plaintiff is a District teacher assigned to Carlson who has
worked as a teacher since August 2018.
The District is a public school district organized and existing
under the laws of the State of California.[BN]
The Plaintiff is represented by:
Dennis F. Moss, Esq.
Ari E. Moss, Esq.
Jeremy F. Bollinger, Esq.
MOSS BOLLINGER, LLP
15300 Ventura Boulevard, Suite 207
Sherman Oaks, CA 91403
Telephone: (310) 982-2984
Facsimile: (818) 963-5954
E-mail: dennis@mossbollinger.com
ari@mossbollinger.com
ieremy@mossbollinger.com
MERRILL GARDENS: Ct. Initially Approves Class Settlement in Ramirez
-------------------------------------------------------------------
In the class action lawsuit captioned as MARIA BUSTOS RAMIREZ, v.
MERRILL GARDENS, LLC, Case No. 1:22-cv-00542-SAB (E.D. Cal.), the
Hon. Judge Stanley A. Boone entered an order granting the
Plaintiffs' motion for and setting final approval hearing for May
29, 2024.
The following persons are conditionally certified as Class Members
solely for the purpose of entering a settlement in this matter:
"All non-exempt employees of the Defendant who worked for
Defendant
in California during the Class Period (March 8, 2018 through the
date upon which the Court grants preliminary approval of the
settlement).
ILYM Group, Inc. is appointed to act as the Administrator, pursuant
to the terms set forth in the Agreement.
The Plaintiffs Maria Bustos Ramirez and Ramona Holguin are
appointed the Class Representatives and the representative of the
Settlement Class for settlement purposes only.
The Plaintiffs' Counsel, Moon Law Group, PC, Bohkour Law Group,
P.C., and Melmed Law Group are appointed Class Counsel.
The settlement of Plaintiffs' California Labor Code Private
Attorney General Act (PAGA) claim is fair and reasonable, and the
Court preliminarily approves the Settlement and release of that
claim as well as the PAGA Allocation in the amount of $85,000, to
be distributed and paid as 75% ($63,750) to the LWDA and as 25%
($21,250) to PAGA Employees.
The Plaintiffs primarily allege that Defendant did not provide
legally compliant meal periods and rest breaks, did not reimburse
employees for business expenses, did not compensate employees for
all time worked, and, as a result, wage statements provided to
employees were rendered inaccurate, final wages were not timely
paid, and the conduct violated the California's Private Attorneys
General Act of 2004 and California's Unfair Competition Law (UCL).
Merrill owns and operates senior living communities.
A copy of the Court's order dated Jan. 10, 2024 is available from
PacerMonitor.com at https://bit.ly/3U8DB6c at no extra charge.[CC]
MIKE BLOOMBERG: Bid for Summary Judgment in Wood Suit Due March 15
------------------------------------------------------------------
In the class action lawsuit captioned as DONNA WOOD, v. MIKE
BLOOMBERG 2020, INC., Case No. 1:20-cv-02489-LTS-GWG (S.D.N.Y.),
the Hon. Judge Gabriel W. Gorenstein entered an class certification
scheduling order as follows:
-- Any motion to "decertify" the Fair Labor Jan. 16,
2024
Standards Act (FLSA) collective shall be
filed by:
Any opposition is due: March 1,
2024
Any reply is due: April 1,
2024
-- Any motion for summary judgment (whether March 15,
2024
partial or full) shall be filed by:
Any opposition shall be due: April 15,
2024
Any reply shall be due: April 30,
2024
A copy of the Court's order dated Jan. 10, 2024 is available from
PacerMonitor.com at https://bit.ly/3HyXvzL at no extra charge.[CC]
NIKE INC: Appeals Denial of Motion to Stay in Cahill Suit
---------------------------------------------------------
Nike, Inc. filed an appeal from the District Court's Order dated
January 5, 2024 entered in the lawsuit entitled KELLY CAHILL, et
al., v. NIKE, INC., an Oregon Corporation, Case No.
3:18-cv-01477-JR, in the United States District Court for the
District of Oregon.
The Plaintiffs allege wage rate discrimination based on gender in
violation of the Equal Pay Act. The Plaintiffs further allege in
the complaint that the Defendant pays and promotes women less than
men at Nike Headquarters. The gender disparities occurred, and
continue to occur, because of specific employment policies or
practices that are developed and carried out in a workplace that is
hostile towards women and where the ultimate arbiters of these
policies or practices are a small group of high-level executives
who are majority male.
On Jan. 10, 2022, the Plaintiffs filed a motion for class
certification, which the Court denied through an Order entered by
Judge Marco A. Hernandez on Mar. 21, 2023.
On October 11, 2023, Magistrate Judge Jolie A. Russo presented
Findings & Recommendation that Media Intervenors' renewed motion to
unseal judicial records should be granted and the following
exhibits should be unredacted: Exhibit 46 to the Declaration of
Mengfei Sun in Support of Plaintiffs' Motion for Class
Certification; Exhibit 47 to the Declaration of Mengfei Sun in
Support of Plaintiffs' Motion for Class Certification; Exhibit 48
to the Declaration of Mengfei Sun in Support of Plaintiffs' Motion
for Class Certification; Exhibit 51 to the Declaration of Mengfei
Sun in Support of Plaintiffs' Motion for Class Certification;
Exhibit 52 to the Declaration of Mengfei Sun in Support of
Plaintiffs' Motion for Class Certification; Paragraph 16 of the
Declaration of Byron Goldstein in Support of Plaintiffs' Motion for
Class Certification; and Exhibit 9 to the Declaration of Byron
Goldstein in Support of Plaintiffs' Motion for Class
Certification.
On January 5, 2024, the Court entered an Order adopting Magistrate
Judge Russo's Findings and Recommendation. Accordingly, the Court
GRANTED the Media Intervenors' Motion to Unseal Judicial Records.
The Court, therefore, DENIED that portion of Defendant's Motion to
Stay. The Court, however, GRANTED Defendant's alternative request
for a temporary 7-day stay to allow time for Defendant to seek a
stay from the Ninth Circuit directly.
The appellate case is captioned as Cahill, et al. v. NIKE, Inc.,
Case No. 24-165, in the United States Court of Appeals for the
Ninth Circuit, filed on January 9, 2024.[BN]
O & A LINE: Guerin Sues Over Unlawful Labor Practices
-----------------------------------------------------
CAMILLE GUERIN and CAMILLE TORRES, individually and on behalf of
others similarly situated, Plaintiffs v. O & A LINE MANAGEMENT,
LLC; CITRIN HOSPITALITY, INC.; MCGA HOTELS LLC; MCGA HOTELS LA LLC;
and DOES 1 through 25, inclusive, Defendants, Case No. 24STCV00704
(Cal. Super., Los Angeles Cty., January 10, 2024) arises from the
Defendants' alleged unlawful labor practices and policies in
violation of the California Labor Code and the California Business
and Professions Code.
The Plaintiffs allege the Defendants' failure to pay minimum and
overtime wages, failure to pay meal and rest period premiums,
failure to timely pay wages during employment, failure to provide
accurate wage statements, failure to timely pay final wages,
failure to reimburse necessary business expenses, and unfair
competition.
Plaintiffs Guerin and Torres worked for the Defendants from
December 2022 through June 2023 and from October 2021 through June
2023 as servers.
The Defendants are restauranteurs and hoteliers operating hotels
and restaurants and providing various services within, and maintain
employees throughout California, including in Los Angeles
County.[BN]
The Plaintiffs are represented by:
Jonathan M. Genish, Esq.
Barbara DuVan-Clarke, Esq.
Alexander K. Spellman, Esq.
P.J. Van Ert, Esq.
BLACKSTONE LAW, APC
8383 Wilshire Boulevard, Suite 745
Beverly Hills, CA 90211
Telephone: (310) 622-4278
Facsimile: (855) 786-6356
E-mail: jgenish@blackstonepc.com
BDC@blackstonepc.com
aspellman@blackstonepc.com
pjvanert@blackstonepc.com
PACIFIC LUTHERAN: Website Inaccessible to Blind Users, Senior Says
------------------------------------------------------------------
MILAGROS SENIOR, on behalf of herself and all other persons
similarly situated, Plaintiff v. PACIFIC LUTHERAN UNIVERSITY,
Defendant, Case No. 1:24-cv-00220 (S.D.N.Y., January 10, 2024) is a
civil rights action against Defendant for its failure to design,
construct, maintain, and operate its interactive website,
https://www.plu.edu/, to be fully accessible to and independently
usable by Plaintiff and other blind or visually-impaired persons in
violation of the Americans with Disabilities Act and the
Rehabilitation Act of 1973.
According to the complaint, the Defendant deprives blind and
visually-impaired individuals the benefits of its online goods,
content, and services -- all benefits it affords nondisabled
individuals -- thereby increasing the sense of isolation and stigma
among those persons that Title III was meant to redress by failing
to make its website available in a manner compatible with computer
screen reader programs.
These access barriers on Defendant's website have deterred
Plaintiff from visiting Defendant's website and enjoying it equal
to sighted individuals because: Plaintiff was unable to use and
enjoy the website in the same manner as sighted individuals do,
preventing Plaintiff from using the website to purchase the PLU
Hydro Flask and to view the items and obtain information, says the
suit.
Pacific Lutheran University operates the PLU online retail store as
well as the PLU interactive website and advertises, markets, and
operates in the State of New York and throughout the United
States.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Jeffrey M. Gottlieb, Esq.
Dana L. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES PLLC
150 East 18th Street, Suite PHR
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
E-mail: Michael@Gottlieb.legal
Jeffrey@gottlieb.legal
Dana@Gottlieb.legal
PELICIA HALL: Bid to Restrict Access to Expert Report Denied
------------------------------------------------------------
In the class action lawsuit captioned as ANDREW ALEXANDER, et al.,
on behalf of themselves and all others similarly situated, v.
PELICIA E. HALL, et al., Case No. 4:20-cv-00021-SA-JMV (N.D.
Miss.), the Hon. Judge Jane M. Virden entered an order denying
consent motion to restrict Access to the Expert Report of Lenard
Vare (but, alternatively, Sua sponte ordering clerk's office to
seal for 30 days).
On this record, the court finds that the Unopposed Motion to
Seal/Restrict Access to the Expert Report of Lenard Vare does not
comply with Local Rule 79. Among its defects, the motion does not
explain why another procedure, such as redaction, will not suffice.
The motion does not specify the time period Defendants seek to have
the report maintained under seal. Additionally, the explanation for
why sealing is necessary -- stated safety concerns by the
Plaintiffs -– is overly broad and generic.
A copy of the Court's order dated Jan. 10, 2024 is available from
PacerMonitor.com at https://bit.ly/3SsbH2X at no extra charge.[CC]
ROCKY TOP: Knoski Sues Over Restaurant Servers' Unpaid Wages
------------------------------------------------------------
COLLEEN KNOSKI, individually, and on behalf of herself and all
other similarly situated current and former employees, Plaintiff v.
ROCKY TOP WAFFLES, LLC, Defendant, Case No. 3:24-cv-00006 (E.D.
Ten., Jan. 10, 2024) is brought against Defendant as collective
action under the Fair Labor Standards Act to recover unpaid minimum
wages and other damages owed to Plaintiff and other similarly
situated current and former tipped employees of Defendant.
Plaintiff Knoski has been employed by Defendant as a restaurant
server within this district during the applicable statutory
limitations' period of this action. She asserts that Defendant paid
her and similarly situated tipped employees the sub-minimum hourly
rate of pay for such non-tip producing work, instead of the FLSA's
required $7.25 per hour.
Rocky Top Waffles, LLC owns and operates more than 35 franchised
Waffle House restaurants in Tennessee.[BN]
The Plaintiff is represented by:
Gordon E. Jackson, Esq.
J. Russ Bryant, Esq.
James L. Holt, Jr., Esq.
J. Joseph Leatherwood, IV, Esq.
JACKSON, SHIELDS, YEISER, HOLT OWEN & BRYANT
262 German Oak Drive
Memphis, TN 38018
Telephone: (901) 754-8001
Facsimile: (901) 754-8524
E-mail: gjackson@jsyc.com
rbryant@jsyc.com
jholt@jsyc.com
jleatherwood@jsyc.com
SAVINO DEL BENE: Faces Oliva Wage-and-Hour Class Suit in Calif.
---------------------------------------------------------------
ESTEFANNY OLIVA, on behalf of herself and all others similarly
situated, Plaintiff v. SAVINO DEL BENE U.S.A., INC., a New York
corporation; and DOES 1 through 100, inclusive, Defendants, Case
No. 24STCV00777 (Cal. Super., Los Angeles Cty., Jan. 10, 2024)
arises from the Defendants' alleged unlawful labor policies and
practices in violation of the California Labor Code and the
California Business and Professions Code.
The Plaintiff alleges the Defendants' failure to pay minimum and
overtime wages, failure to provide rest and meal periods, failure
to pay all wages upon termination, failure to provide accurate wage
statements, and unfair competition.
The Plaintiff has been employed by Defendants as a non-exempt
employee in California.
SAVINO DEL BENE U.S.A., INC., a New York corporation, provides
freight forwarding and logistic services within the State of
California.[BN]
The Plaintiff is represented by:
Michael Nourmand, Esq.
James A. De Sario, Esq.
THE NOURMAND LAW FIRM, APC
8822 West Olympic Boulevard
Beverly Hills, CA 90211
Telephone: (310) 553-3600
Facsimile: (310)553-3603
SOLAR IMPULSE: Desrosiers Files Suit in Mass. Super. Ct.
--------------------------------------------------------
A class action lawsuit has been filed against Solar Impulse LLC.
case is styled as Treant Desrosiers, Anthony Santos, Nicholas
Rivera, on behalf of themselves and others similarly situated v.
Solar Impulse LLC, Gerard Mcgowan, Paul Bradley, Robert Finnegan,
Michael Cruz, Trevor Fiske, Case No. 2481CV00125 (Mass. Super. Ct.,
Middlesex Cty., Jan. 17, 2024).
The case type is stated as "Contract/Business Cases."
Solar Impulse Foundation -- https://solarimpulse.com/ -- has
organized these solutions into a search-engine for climate
action.[BN]
The Plaintiff is represented by:
Eric J. Walz, Esq.
RUDOLPH FRIEDMANN, LLP
92 State St.
Boston, MA 02109
SOUTHWESTERN HEALTH: Brumley Suit Removed to N.D. Texas
-------------------------------------------------------
The case captioned as Brian Brumley, individually and on behalf of
a class of similarly situated individuals v. SOUTHWESTERN HEALTH
RESOURCES, Case No. 23-20472 was removed from the District Court of
Dallas County, Texas, 192nd Judicial District, to the U.S. District
Court for the Northern District of Texas on Jan. 19, 2024, and
assigned Case No. 3:24-cv-00146-E.
The Plaintiff asserts causes of action for invasion of privacy;
violation of the Electronic Communications Privacy Act and; unjust
enrichment.[BN]
The Plaintiff is represented by:
MCGUIRE LAW, P.C.
55 W. Wacker Drive, 9th Floor
Chicago, IL 60601
Phone: (312) 893-7002
Email: eturin@mcgpc.com
Thysinger@mcgpc.com
- and -
WICKES LAW, PLLC
5600 Tennyson Parkway, Ste. 205
Plano, Texas 75024
Phone: (972) 473-6900
Email: pwickes@wickeslaw.com
The Defendants are represented by:
Amanda Harvey, Esq.
MULLEN COUGHLIN LLC
SOUTHWESTERN HEALTH RESOURCES
1452 Hughes Rd Suite 200
Grapevine, TX 76051
Phone: (267) 930-1697
Email: aharvey@mullen.law
SPRINGS WINDOW: Tillapaugh Files Suit in Cal. Super. Ct.
--------------------------------------------------------
A class action lawsuit has been filed against Springs Window
Fashions, LLC, et al. The case is styled as Philip Anthony
Tillapaugh, on behalf of himself and all others similarly situated,
and the general public v. Springs Window Fashions, LLC, Sunsetter
Products, LP, Does 1 Through 50, Inclusive, Case No. CGC24611765
(Cal. Super. Ct., San Francisco Cty., Jan. 19, 2024).
The case type is stated as "Other Non-Exempt Complaints."
Springs Window Fashions, LLC --
https://www.springswindowfashions.com/ -- manufactures and
distributes home furnishing products. The Company produces products
such as blinds, shades, panels, and drapery hardware.[BN]
The Plaintiff is represented by:
David Keledjian, Esq.
D.LAW, INC.
880 E Broadway
Glendale, CA 91205-1218
Phone: 818-962-6465
Fax: 818-962-6469
Email: d.keledjian@d.law
SSS EDUCATION INC: Bryant Suit Removed to D. New Jersey
-------------------------------------------------------
The case captioned as Sheila Bryant, individually and on behalf of
all other similarly situated v. SSS Education Inc. doing business
as: Jersey College, Case No. BER-L-06758-23 was removed from the
Superior Court, Law Division: Bergen County, to the U.S. District
Court for the District of New Jersey on Jan. 16, 2024.
The District Court Clerk assigned Case No. 2:24-cv-00261-JXN-JBC to
the proceeding.
The nature of suit is stated as Other Personal Property for
Property Damage.
Jersey College -- https://www.jerseycollege.edu/ -- is a private
for-profit career college specializing in nursing education with
its main campus in Teterboro, New Jersey.[BN]
The Plaintiff is represented by:
Gary S. Graifman, Esq.
KANTROWITZ, GOLDHAMER & GRAIFMAN, PC
135 Chestnut Ridge Road, Suite 200
Montvale, NJ 07645
Phone: (201) 391-7000
Fax: (201) 307-1086
Email: ggraifman@kgglaw.com
The Defendants are represented by:
Christopher Manley, Esq.
Harris Samuel Freier, Esq.
GENOVA BURNS LLC
494 Broad Street
Newark, NJ 07102
Phone: (973) 535-4433
Email: cmanley@genovaburns.com
hfreier@genovaburns.com
ST. LOUIS ALTENHEIM: Joe Seeks Medication Technicians' Unpaid OT
----------------------------------------------------------------
Benita Joe, on behalf of herself and all others similarly situated,
Plaintiff v. St. Louis Altenheim, and Malik St. Louis, LLC,
Defendants, Case No. 4:24-cv-00059 (E.D. Mo., Jan. 10, 2024) is a
class action against the Defendants for unpaid overtime
compensation, and related penalties and damages under the Missouri
Minimum Wage Law and the Fair Labor Standards Act.
The Plaintiff, collective action members, and putative collective
action members are similarly situated because they were denied the
statutorily required overtime premium for all hours worked over 40
hours in a work week, based on Defendants' common practice, policy,
or scheme of refusing to pay overtime premiums, says the suit.
Plaintiff Joe was employed by the Defendants to work as an
Certified Medication Technician at SLA's skilled nursing and
assisted living facility on September 12, 2023. On November 14,
Defendants terminated Plaintiff's employment for reasons unrelated
to her compensation.
St. Louis Altenheim is a nonprofit skilled nursing facility and
assisted living facility in Missouri.[BN]
The Plaintiff is represented by:
Philip E. Oliphant, Esq.
THE CRONE LAW FIRM, PLC
88 Union Avenue, 14th Floor
Memphis, TN 38103
Telephone: (901) 737-7740
Facsimile: (901) 474-7926
E-mail: poliphant@cronelawfirmplc.com
TARGET CORPORATION: Kadi Suit Removed to C.D. California
--------------------------------------------------------
The case captioned as Bruno Kadi, on behalf of himself and all
others similarly situated v. TARGET CORPORATION, a Minnesota
corporation; and DOES 1 through 100, Inclusive, Case No.
CIVSB2328777 was removed from the Superior Court of the State of
California, County of San Bernardino, to the U.S. District Court
for the Central District of California on Jan. 16, 2024, and
assigned Case No. 5:24-cv-00095.
The Plaintiff's Complaint contains seven causes of action alleging:
failure to pay overtime wages; failure to pay sick leave; failure
to provide meal periods; failure to provide rest periods; failure
to pay all wages upon termination; failure to provide accurate wage
statements; and unfair competition.[BN]
The Defendants are represented by:
Julie A Dunne, Esq.
Matthew Riley, Esq.
DLA PIPER LLP (US)
4365 Executive Drive, Suite 1100
San Diego, CA 92121-2133
Phone: 858.677.1400
Fax: 858.677.1401
Email: julie.dunne@us.dlapiper.com
matthew.riley@us.dlapiper.com
TOPGOLF PAYROLL: Escamilla Suit Removed to C.D. California
----------------------------------------------------------
The case captioned as Robert Escamilla, individually, and on behalf
of all others similarly situated v. TOPGOLF PAYROLL SERVICES, LLC,
a limited liability company; TOPGOLF USA EL SEGUNDO, LLC, a limited
liability company; and DOES 1 through 10, inclusive, Case No.
23STCV30085 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 Central District of California on Jan. 17, 2024, and
assigned Case No. 2:24-cv-00426.
In the Complaint, Plaintiff alleges eight causes of action against
Defendants: Failure to Pay Minimum and Straight Time Wages; Failure
to Pay Overtime Wages; Failure to Provide Meal Periods; Failure to
Authorize and Permit Rest Periods; Failure to Timely Pay Final
Wages at Termination; Failure to Provide Accurate Itemized Wage
Statements; Failure to Indemnify Employees for Expenditures; and
Unfair Business Practices.[BN]
The Defendants are represented by:
Michael J. Nader, Esq.
Alexandra M. Asterlin, Esq.
Paul M. Smith, Esq.
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
500 Capitol Mall, Suite 2500
Sacramento, CA 95814
Phone: (916) 840-3150
Facsimile: (916) 840-3159
Email: michael.nader@ogletree.com
alexandra.asterlin@ogletree.com
paul.smith@ogletree.com
TRANSFORMATIVE HEALTHCARE: Durgin Files Suit in D. Massachusetts
----------------------------------------------------------------
A class action lawsuit has been filed against Transformative
Healthcare, LLC, et al. The case is styled as Daniel Durgin,
individually and on behalf of all others similarly situated v.
Transformative Healthcare, LLC, Coastal Medical Transportation
Systems, LL, Case No. 1:24-cv-10137 (D.S.C., Jan. 18, 2024).
The nature of suit is stated as Other P.I.
Transformative Healthcare, LLC -- https://www.ths.health/ -- are
solely committed to providing the highest level of Evidence-Based
Mental Healthcare through a variety of treatment modalities and
approaches.[BN]
The Plaintiff is represented by:
David Pastor, Esq.
PASTOR LAW OFFICE, LLP
63 Atlantic Avenue, 3rd Floor
Boston, MA 02110
Phone: (617) 742-9700
Fax: (617) 742-9701
Email: dpastor@pastorlawoffice.com
TRAVIS CREDIT UNION: Tercero Files Suit in Cal. Super. Ct.
----------------------------------------------------------
A class action lawsuit has been filed against Travis Credit Union,
et al. The case is styled as Oralia Tercero, on behalf of all
others similarly situated, and on behalf of the general public v.
Travis Credit Union, et al., Case No. 24CV000633 (Cal. Super. Ct.,
Sacramento Cty., Jan. 16, 2024).
Travis Credit Union -- https://www.traviscu.org/ -- offers checking
accounts, savings accounts, mortgages, car loans, credit cards and
other personal or business banking services.[BN]
TRIMAC TRANSPORTATION: Castellanos Suit Removed to C.D. California
------------------------------------------------------------------
The case captioned as Edwardo Castellanos, individually and on
behalf of all similarly situated individuals v. TRIMAC
TRANSPORTATION SERVICES (WESTERN), INC. and DOES 1 to 100, Case No.
23STCV27749 was removed from the Superior Court of the State of
California for the County of Los Angeles, to the U.S. District
Court for the Central District of California on Dec. 15, 2023, and
assigned Case No. 2:23-cv-10508.
The Complaint alleges eight causes of action: Minimum Wage
Violations; Overtime Violations; Meal Period Violations; Rest
Period Violations; Wage Statement Penalties; Waiting Time
Penalties; Work Expenditure Violations; and, Violation of Unfair
Competition Law.[BN]
The Defendants are represented by:
Nisha Verma, Esq.
Melonie S. Jordan, Esq.
DORSEY & WHITNEY LLP
600 Anton Boulevard, Suite 2000
Costa Mesa, CA 92626
Phone: (714) 800-1400
Facsimile: (714) 800-1499
Email: verma.nisha@dorsey.com
jordan.melonie@dorsey.com
TRUSTED HEALTH: Fleming Files Suit in Cal. Super. Ct.
-----------------------------------------------------
A class action lawsuit has been filed against Trusted Health, Inc.,
et al. The case is styled as Grace Fleming, individually and on
behalf of all other similarly situated aggrieved employees v.
Trusted Health, Inc., Does 1-50, Inclusive, Case No. CGC23611120
(Cal. Super. Ct., San Francisco Cty., Dec. 15, 2023).
The case type is stated as "Other Non-Exempt Complaints."
Trusted, Inc. -- https://www.trustedhealth.com/ -- is the leading
labor marketplace and workforce management platform for the
healthcare industry.[BN]
The Plaintiffs are represented by:
Eve H. Cervantez, Esq.
ALTSHULER BERZON LLP
177 Post St., Ste. 300
San Francisco, CA 94108-4733
Phone: 415-421-7151
Fax: 415-362-8064
Email: ecervantez@altber.com
TVI INC: Hughes Suit Transferred to E.D. California
---------------------------------------------------
The case captioned as Shea Hughes, on behalf of the State of
California, and others similarly situated and aggrieved v. TVI,
Inc., Case No. 3:23-cv-06699 was transferred from the U.S. District
Court for the Northern District of California, to the U.S. District
Court for the Eastern District of California on Jan. 19, 2024.
The District Court Clerk assigned Case No. 2:24-cv-00250-WBS-AC to
the proceeding.
The nature of suit is stated as Jobs Civil Rights for Employment
Discrimination.
TVI Pacific Inc. (TVI) -- https://www.tvipacific.com/ -- is a
Canadian resource company focused on the acquisition and
development of resource projects in the Asia Pacific region.[BN]
The Plaintiff is represented by:
Chad Saunders, Esq.
Zachary Miles Crosner, Esq.
Brandon Kyle Brouillette, Esq.
Jamie Kathryn Serb, Esq.
CROSNER LEGAL P.C.
9440 Santa Monica Blvd., Suite 301
Beverly Hills, CA 90210
Phone: (310) 496-5818
Email: chad@crosnerlegal.com
zach@crosnerlegal.com
bbrouillette@crosnerlegal.com
jamie@crosnerlegal.com
The Defendants are represented by:
Adam Y. Siegel, Esq.
JACKSON LEWIS P.C.
725 South Figueroa Street, Suite 2500
Los Angeles, CA 90017
Phone: (213) 689-0404
Fax: (213) 689-0430
Email: adam.siegel@jacksonlewis.com
VICTORIA A. INTL: Erkan Files ADA Suit in E.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against Victoria A. Intl,
LLC. The case is styled as Nihal Erkan, on behalf of herself and
all others similarly situated v. Victoria A. Intl, LLC, Case No.
1:24-cv-00416 (E.D.N.Y., Jan. 19, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Victoria A. Intl, LLC is a leading import company in USA.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
14749 71st Ave.
Flushing, NY 11367
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
WAG HOTELS INC: Piper Files Suit in Cal. Super. Ct.
---------------------------------------------------
A class action lawsuit has been filed against Wag Hotels, Inc. The
case is styled as Jack Piper, individually and on behalf of all
others similarly situated v. Wag Hotels, Inc., Case No. CGC24611665
(Cal. Super. Ct., San Joaquin Cty., Jan. 16, 2024).
The case type is stated as "Business Tort."
Wag Hotels -- https://www.waghotels.com/ -- is a full service dog &
cat hotel featuring boarding, training, spa services and doggy
daycare.[BN]
The Plaintiff is represented by:
L. Timothy Fisher, Esq.
BURSOR & FISHER, P.A.
1990 N. California Blvd., Ste. 940
Walnut Creek, CA 94596-3745
Phone: 925-300-4455
Fax: 925-470-2700
WALDORF ASTORIA: Blossom Suit Removed to C.D. California
--------------------------------------------------------
The case captioned as Harmony Blossom, individual and behalf of all
others similarly situated v. WALDORF ASTORIA EMPLOYER, LLC, a
limited liability company; WALDORF ASTORIA MANAGEMENT, LLC, a
limited liability company; and DOES 1 through 10, inclusive, Case
No. 23STCV27316 was removed from the Superior Court of the State of
California, County of Los Angeles, to the U.S. District Court for
the Central District of California on Dec. 15, 2023, and assigned
Case No. 2:23-cv-10510.
The Plaintiff filed an unverified Complaint which alleged eight
causes of action: failure to pay minimum wages; failure to pay
overtime compensation; failure to provide meal periods; failure to
authorize and permit rest breaks; failure to indemnify necessary
business expenses; failure to timely pay final wages upon
termination; failure to provide accurate itemized wage statements;
and unfair business practices.[BN]
The Defendants are represented by:
Connie L. Chen, Esq.
JACKSON LEWIS P.C.
725 South Figueroa Street, Suite 2500
Los Angeles, CA 90017-5408
Phone: (213) 689-0404
Facsimile: (213) 689-0430
Email: connie.chen@jacksonlewis.com
WALGREENS COMPANY: Argueta Files Suit in E.D. California
--------------------------------------------------------
A class action lawsuit has been filed against Walgreens Company.
The case is styled as Jessica Argueta, individually and on behalf
of all others similarly situated v. Walgreens Company, Case No.
1:24-cv-00072-JLT-CDB (E.D. Cal., Jan. 17, 2024).
The nature of suit is stated as Other Contract for Breach of
Contract.
Walgreens -- http://www.walgreens.com/-- is an American company
that operates the second-largest pharmacy store chain in the United
States, behind CVS Health.[BN]
The Plaintiff is represented by:
Kevin Cole, Esq.
KJC LAW GROUP, A PROFESSIONAL CORPORATION
9701 Wilshire Blvd., Suite 1000
Beverly Hills, CA 90212
Phone: (310) 861-7797
Email: kevin@kjclawgroup.com
- and -
Robert Tauler, Esq.
TAULER SMITH LLP
626 Wilshire Bvd, Ste 510
Los Angeles, CA 90017
Phone: (310) 590-3927
Email: rtauler@taulersmith.com
WALMART INC: Butts-Lino Sues Over Racial Discrimination
-------------------------------------------------------
Robynn Butts-Lino, individually and on behalf of all others
similarly situated, and as representatives of other aggrieved
employees v. WALMART, INC., an Arkansas corporation; JANINE
CONTRERAS, an individual; and DOES 1 through 100, inclusive, Case
No. 24STCV01384 (Cal. Super. Ct., Los Angeles Cty., Jan. 18, 2024),
is brought arising under the laws of the State of California and
the rules, regulations implementing said statutes and common law as
a result of racial discrimination, retaliation, and has protested
illegal activity in violation of various California Labor Codes on
the basis of race in violation of the California Fair Employment &
Housing Act (FEHA).
The Plaintiff noticed that the practice of assigning African
Americans less desirable schedules and the preferential treatment
the Latino employees received. She requested a better schedule, was
constantly denied her requested schedule, and complained to
CONTRERAS. In addition to the discriminatory practice of giving
African Americans less desirable schedules. Plaintiff, along with
the other African American Employees, were subjected to working on
less favorable cash registers. Plaintiff reported these practices
to CONTRERAS and the front-end team leads several times and
Plaintiff received no remedy nor was any effort shown to fix these
injustices.
The Plaintiff was terminated. Defendant used the incident as
pretext to terminate Plaintiff. The reality of the situation is
that Plaintiff, along with the other African American employees,
were being discriminating against, and that Plaintiffs termination
was retaliation for reporting these discrimninatory practices she
was being subjected to. Defendant and its employees, supervisors,
and other agents, owed a legal duty to use due care in the
operation of its business establishment, says the complaint.
The Plaintiff was employed by the Defendant as a cashier and in the
apparel section.
WALMART, INC. has been a Arkansas corporation with the capacity to
sue and to be sued in California.[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
Phone: (562) 432-8933
Facsimile: (562)435-1656
Email: garv@garvcarlinlaw.com
WALTER AMARAL: Baker Sues Over Breaches of Fiduciary Duties
-----------------------------------------------------------
Lewis Baker, Derivatively on Behalf of Nominal Defendant EDGIO,
INC., and others similarly situated v. WALTER AMARAL, DOUG BEWSHER,
SCOTT GENEREUX, PATRICIA PARRA HADDEN, DIANNE LEDINGHAM, ROBERT
LYONS, DAVID PETERSCHMIDT, REED RAYMAN, E-FEI WANG, JEFFREY FISHER,
MARC DEBEVOISE, STEPHEN CUMMING, and DANIEL BONCEL, Case No.
1:24-cv-00408 (Jan. 19, 2024), is brought for the benefit of
nominal defendant Edgio, Inc. f/k/a Limelight Networks, Inc.
against certain current and former executive officers and members
of the Company's Board of Directors for, among other things,
breaching their fiduciary duties to the
Company and its stockholders by intentionally or recklessly making
or permitting the dissemination of materially false and misleading
statements and omissions regarding the Company's business,
operations, and prospects, unjust enrichment, waste of corporate
assets, and violations of the Securities Exchange Act of 1934 (the
"Exchange Act").
On June 15, 2022, the Company completed a transaction with College
Parent, L.P. ("College Parent") pursuant to which the Company
acquired all of the outstanding shares of common stock of Edgecast
Inc. ("Edgecast"), a California corporation and an indirect,
wholly- owned subsidiary of College Parent (the "Edgecast
Transaction"). As a result, the Company changed its name from
Limelight Networks, Inc. ("Limelight") to Edgio, Inc. The Company
and its top executives repeatedly issued or permitted statements
concerning the sale of Open Edge equipment and financial reporting
related to Open Edge transactions.
On March 13, 2023, Edgio issued a press release announcing that it
would restate its previously issued financial statements for the
years ended December 31, 2021 and 2020, as well as the quarterly
reports for fiscal 2022 and 2021, because its audit committee
"identified an error in the Company's historic accounting treatment
of Edgio's Open Edge solution." Edgio anticipated the restatements
would result in a "reduction to revenue of up to approximately
$23.0 million for the nine-month period ended September 30, 2022,
up to approximately $16.7 million for the twelve-month period ended
December 31, 2021, and up to approximately $6.6 million for the
twelve-month period ended December 31, 2020." The Company further
advised that it expected "to disclose in its Form 10-K a material
weakness in the Company's design and operation of effective
internal controls over the accounting for the Impacted Open Edge
transactions in connection with the aforementioned restatement." In
response to this news, the price of Edgio common stock declined
$0.1597 per share, or 15.5%, to close at $0.8703 per share on March
13, 2023.
The Defendants breached their fiduciary duties by issuing, causing
the issuance of, and/or failing to correct the materially false and
misleading statements and omissions of material fact to the
investing public. As a result, the Individual Defendants caused the
Company's public statements to be materially false and misleading
at all relevant times. Specifically, Edgio and its top executives
made materially false and misleading statements, as well as failed
to disclose material adverse facts, about the true nature of the
Company's business, operations, and finances. Specifically, the
Individual Defendants failed, or caused the Company to fail, to
disclose that: the sale of Open Edge equipment should be
accounted as financing leases; there were material weaknesses in
the Company's internal controls over financial reporting related to
Open Edge transactions; as a result of the foregoing, the Company's
revenue had been overstated in certain periods; and (d) as a result
of the foregoing, positive statements about the Company's business,
operations, and prospects were materially misleading and/or lacked
a reasonable basis. Additionally, in breach of their fiduciary
duties, the Individual Defendants caused the Company to fail to
maintain adequate internal controls, says the complaint.
The Plaintiff is and has been a continuous shareholder of Edgio
common stock at all relevant times.
Walter Amaral has served as a member of the Board since 2007,
having served as Chairman of the Board from 2013 through 2021.[BN]
The Defendants are represented by:
Seth D. Rigrodsky, Esq.
Timothy J. MacFa11, Esq.
Gina M. Sema, Esq.
Vincent A. Licata, Esq.
RIGRODSKY LAW, P.A.
825 East Gate Boulevard, Suite 300
Garden City, 11530
Phone: (516) 683-3516
Email: sdr@rl-legal.com
tjm@rl-legal.com
gms@fl-legal.com
vl@l-legal.com
- and -
Joshua H. Grabar, Esq.
GRABAR LAW OFFICE
One Liberty Place
1650 Market Street, Suite 3600
Philadelphia, PA 19103
Phone: (267) 507-6085
WESTERN SKIES VINEYARDS: Garcia Files Suit in Cal. Super. Ct.
-------------------------------------------------------------
A class action lawsuit has been filed against Western Skies
Vineyards, LLC. The case is styled as Agustin Garcia, an
individual, on behalf of himself and all others similarly situated
v. Western Skies Vineyards, LLC, Case No. STK-CV-UOE-2024-0000524
(Cal. Super. Ct., San Joaquin Cty., Jan. 16, 2024).
The case type is stated as "Unlimited Civil Other Employment."
Western Skies Vineyards, LLC specialized wines, brandy, and brandy
spirits.[BN]
The Plaintiff is represented by:
Megan E. Ross, Esq.
MELMED LAW GROUP PC
1801 Century Park E., Ste. 850
Los Angeles, CA 90067-2346
Phone: 310-237-3890
Email: megan@melmedlaw.com
WILDLIFE CONSERVATION: Patterson Sues Over Unlawful Processing Fees
-------------------------------------------------------------------
NICOLE PATTERSON, individually and on behalf of all others
similarly situated, Plaintiff v. WILDLIFE CONSERVATION SOCIETY,
Defendant, Case No. 1:24-cv-00171 (S.D.N.Y., Jan. 9, 2024) is
brought by the Plaintiff seeking relief individually, and on behalf
of all other non-member ticket purchasers for Defendant's Bronx Zoo
for actual and/or statutory damages, reasonable attorneys' costs
and fees, and injunctive relief under New York Arts and Cultural
Affairs Law.
According to the complaint, for over a year, the Defendant has been
nickel and diming non-member visitors of the Bronx Zoo on its
website in violation of the state law. Whenever a non-member
visitor selects an admission ticket on the website
https://bronxzoo.com/, she is quoted a fee-less price, only to be
ambushed by a $2 "processing fee" at checkout after clicking
through the various screens required to make a purchase. This cheap
trick has enabled Defendant to swindle substantial sums of money
from its customers, including Plaintiff, says the suit.
Wildlife Conservation Society is a 501(c)(3) non-governmental
organization headquartered in New York, New York.[BN]
The Plaintiff is represented by:
Philip L. Fraietta, 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: pfraietta@bursor.com
- and -
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: sbogdanovich@bursor.com
WILLIAMS & ASSOCIATES: Class Settlement in Alfonso Gets Final Nod
-----------------------------------------------------------------
In the class action lawsuit captioned as Katya Alfonso, v. Williams
& Associates d/b/a Williams Starbuck, Donald H. Williams, and Drew
J. Starbuck, Case No. 2:22-cv-00206-CDS-EJY (D. Nev.), the Hon.
Judge Cristina D. Silva entered an order granting final approval of
class action settlement and granting award for attorneys' fees,
costs, and incentive award.
Settlement Class Members:
Pursuant to Fed. R. Civ. P. 23(b)(3), this action is hereby finally
certified, for settlement purposes only, as a class action on
behalf of the following Class members:
"All individuals who were sent an initial written communication
by
defendants in an attempt to recover sums due between February
28,
2021, and February 28, 2022.
The plaintiff Katya Alfonso is the Class Representative; and
Alfonso's counsel, Gustavo Ponce and Mona Amini of Kazerouni Law
Group, APC, are
certified as Class Counsel.
Final Class Certification:
The court finds that the action satisfies the applicable
prerequisites for class action treatment under Fed. R. Civ. P. 23,
for settlement
purposes under Fed. R. Civ. P. 23(b)(3).
Settlement Terms:
The Settlement Agreement, which has been filed with the court and
shall be deemed incorporated as if set forth herein, and the
proposed Settlement, are finally approved and shall be consummated
in accordance with the terms and provisions thereof, except as
amended by any order issued by this court. The material terms of
the Settlement Agreement include, but are not limited to, the
following:
-- The Settlement Administrator shall pay each of the 80 Class
Members, who did not timely submit an Opt-Out request excluding
themselves from the Settlement, a Settlement Award in the sum
of
$750.00 each from the Settlement Fund established by
defendants;
-- The Settlement Administrator shall pay from the Settlement Fund
the sum of $4,000.00 to the named Plaintiff or Class
Representative, payable through Class Counsel, as an Incentive
Award for bringing and participating in this action;
-- The Settlement Administrator shall be paid the sum of up to
$10,000,00 by defendants for its costs and fees incurred for
the
cost of notice and settlement administration and any amounts;
and
-- The Settlement Administrator shall pay to Class Counsel the sum
of
$72,500.00 as attorneys' fees and costs incurred in litigating
this action, in the manner specified in the Agreement.
A copy of the Court's order dated Jan. 9, 2024 is available from
PacerMonitor.com at https://bit.ly/48QRxGR at no extra charge.[CC]
WILMINGTON, DE: Seeks Dismissal of NAACP Suit
---------------------------------------------
In the class action lawsuit captioned as NAACP Delaware; Lamotte
Johns; and Tranecka Charles, v. City of Wilmington; Wilfredo Campos
in his official capacity as Chief of Police, Wilmington Police
Department; and Michael Purzycki in his official capacity as Mayor
of the City of Wilmington, Case No. 1:23-cv-01205-GBW (D. Del.),
the Defendants ask the Court to enter an order dismissing all
counts pursuant to Federal Rule of Civil Procedure 12(b)(6) or, in
the alternative, to strike the class certification allegations
pursuant to Federal Rule of Civil Procedure 23.
A copy of the Defendants' motion dated Jan. 10, 2024 is available
from PacerMonitor.com at https://bit.ly/3HtR7tM at no extra
charge.[CC]
The Plaintiffs are represented by:
John D. Hendershot, Esq.
Kelly E. Farnan, Esq.
Christine D. Haynes, Esq.
Sara M. Metzler, Esq.
RICHARDS, LAYTON & FINGER, P.A.
920 N. King Street
Wilmington, DE 19801
Telephone: (302) 651-7700
E-mail: hendershot@rlf.com
farnan@rlf.com
haynes@rlf.com
metzler@rlf.com
The Defendants are represented by:
Rosamaria Tassone-DiNardo, Esq.
CITY OF WILMINGTON LAW DEPARTMENT
City/County Building, 9th Floor
800 N. French Street
Wilmington, DE 19801
Telephone: (302) 576-2175
YOUR SIGNATURE SUPPLEMENTS: Liou Files Suit in S.D. California
--------------------------------------------------------------
A class action lawsuit has been filed against Your Signature
Supplements, LLC. The case is styled as Glenn Liou, on behalf of
himself and all others similarly situated v. Your Signature
Supplements, LLC, Case No. 3:24-cv-00102-RSH-VET (S.D. Cal., Jan.
16, 2024).
The nature of suit is stated as Personal Injury: Health
Care/Pharmaceutical Personal Injury Product Liability.
Your Signature Supplements, LLC --
https://yoursignaturesupplements.com/ -- offers All Natural
Holistic Supplements.[BN]
The Plaintiff is represented by:
Gregory S. Weston, Esq.
THE WESTON FIRM
1405 Morena Boulevard, Suite 201
San Diego, CA 92110
Phone: (619) 798-2006
Fax: (480) 247-4553
Email: greg@westonfirm.com
YOYO MOTIVATION: Fails to Pay Nursing Assistants' OT, Mickler Says
------------------------------------------------------------------
LISA MICKLER, individually, and on behalf of herself and other
similarly situated current and former employees, Plaintiff v. YOYO
MOTIVATION, INC., D/B/A CARING SENIOR SERVICE, Case No.
3:24-cv-00038 (M.D. Tenn. January 10, 2024) is brought against
Defendant as a collective action under the Fair Labor Standards Act
to recover unpaid overtime compensation and other damages owed to
Plaintiff and other similarly situated employees.
Plaintiff, Lisa Mickler, has been employed by Defendant as a
certified nursing assistant during all times material to this
action. She asserts that Defendant violated the FLSA by failing to
pay her and those similarly situated for all hours worked over 40
per week within weekly pay periods at one and one-half rimes their
regular hourly rate of pay.
YoYo Motivation, Inc. provides in-home care for senior and disabled
adults who want to age in place, according to its website.[BN]
The Plaintiff is represented by:
J. Russ Bryant, Esq.
James L. Holt, Jr., Esq.
J. Joseph Leatherwood, IV, Esq.
JACKSON, SHIELDS, YEISER, HOLT OWEN & BRYANT
262 German Oak Drive
Memphis, TN 38018
Telephone: (901) 754-8001
Facsimile: (901) 754-8524
E-mail: gjackson@jsyc.com
rbryant@jsyc.com
jholt@jsyc.com
jleatherwood@jsyc.com
Asbestos Litigation
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S U B S C R I P T I O N I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
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