/raid1/www/Hosts/bankrupt/CAR_Public/240208.mbx
C L A S S A C T I O N R E P O R T E R
Thursday, February 8, 2024, Vol. 26, No. 29
Headlines
3M COMPANY: Ates Aqueous Foams Class Suit Removed to N.D. Ala.
3M COMPANY: Cottongim Aqueous Foams Suit Removed to N.D. Ala.
3M COMPANY: Fox Aqueous Foams Class Suit Removed to N.D. Ala.
3M COMPANY: Gordon Aqueous Foams Class Suit Removed to N.D. Ala.
3M COMPANY: Killings Aqueous Foams Class Suit Removed to N.D. Ala.
3M COMPANY: Ladendorf Aqueous Foams Class Suit Removed to N.D. Ala.
3M COMPANY: Simpson Aqueous Foams Class Suit Removed to N.D. Ala.
3M COMPANY: Sylestine Aqueous Foams Class Suit Removed to N.D. Ala.
BMW MANAGEMENT: Gayo Sues Over Failure to Pay Proper Wages
BRINKER INTERNATIONAL: Writ of Certiorari Filed in Steinmetz Suit
COMPUTER HAUS: Appeals Reconsideration Ruling in Jahagirdar Suit
DANAHER CORPORATION: Silva Sues Over Breaches of Fiduciary Duties
EXPERIAN INFORMATION: Nelson Appeals FCRA Suit Ruling to 11th Cir.
GALLERIA NUVO INC.: Wahab Files ADA Suit in S.D. New York
GENTING NEW YORK: Mrijaj Appeals Class Cert. Bid Denial
GLOBAL INTEGRITY: Varela Sues Over Failure to Pay Minimum Wages
GOLDEN ARCH ENTERPRISES: Harris Files Suit in Cal. Super. Ct.
GOOD EYE MANAGEMENT: Oakman Sues Over Failure to Pay Minimum Wages
GOODS STORE INC: Karim Files ADA Suit in S.D. New York
HAPPY ZOE: Colak Files ADA Suit in E.D. New York
HATHAWAY DINWIDDIE: Chavez Files Suit in Cal. Super. Ct.
HEALTH CARE SERVICE: Slaughter Suit Removed to N.D. Illinois
HEALTHY FEET STORE: Liz Files ADA Suit in S.D. New York
HENRY SCHEIN: Depperschmidt Files Suit in E.D. New York
HIGHER EDUCATION LOAN: Morgan Files Suit in E.D. Missouri
HOME DEPOT: Smith Class Suit Removed From Sup. Ct. to D.N.H.
IFIT INC: Douglass Seeks to Amend Nov. 13 Settlement Class Order
INCENSE WAREHOUSE: Wahab Files ADA Suit in S.D. New York
INSTRON INC: Warren Suit Removed to D. Massachusetts
INTEGRIS HEALTH: Appeals Remand Ruling in Personal Injury Suit
ISS FACILITY SERVICES: Carranza Sues Over Failure to Pay Wages
ISTAFFING, INC: Lopez Suit Removed to C.D. California
JJ PROPERTY: Figueroa Sues Over Janitors' Unpaid Wages
JOHNSON & JOHNSON: Gonick Files Mislabeling Suit Over T/Sal Shampoo
KAREN LAZAR DESIGN: Wahab Files ADA Suit in S.D. New York
KASPER ELECTRICAL: Bagnell Files Suit in S.D. Florida
KIMBERLY-CLARK CORP: Rosenwald Appeals Suit Dismissal to 9th Cir.
KITSCH LLC: Faces Wurm Suit Over Unsolicited Text Messages
KRAVE IT ASTORIA: Martinez Files ADA Suit in E.D. New York
KYURAMEN LLC: Martinez Files ADA Suit in E.D. New York
LE GENERAL: Quintero Sues Over Unpaid Minimum, Overtime Wages
LIBERTY LIFT SOLUTIONS: Bello Files Suit in Cal. Super. Ct.
LOAN DEPOT: Ware Files TCPA Suit in C.D. California
LUCID AUTOGLASS: Bird Files TCPA Suit in D. Arizona
MARINE FLORISTS: Martin Files ADA Suit in E.D. New York
MARTHA BEJAR: Kogut Files Suit in Del. Chancery Ct.
MDL 2704: Class Cert Deadlines Stayed in Philadelphia v. BoA
MDL 2704: Class Cert Deadlines Stayed in PSTP v. BoA
MDL 2704: Class Cert Deadlines Stayed in Tera v. Bank of America
MDL 2704: Class Cert Deadlines Stayed in Triangle T v. BoA
MDL 2704: Class Cert Deadlines Stayed in TrueEX LLC v. BoA
MELTING POT RESTAURANTS: Colak Files ADA Suit in E.D. New York
MIDFIRST BANK: Dudurkaew Suit Transferred to D. Massachusetts
MIDLAND FINANCIAL: Linman Suit Transferred to D. Massachusetts
MIDLAND FINANCIAL: Rubenstein Suit Transferred to D. Massachusetts
MISS KITTY'S: Jones Seeks Class Certification in Labor Suit
MONDELEZ INTERNATIONAL: Class Cert Bids in Wallenstein Due May 24
MOTTS LLP: Willis-Albrigo Sues Over Deceptive Advertising
NATIONWIDE MUTUAL: Benscoter Appeals Suit Dismissal to 3rd Circuit
NEW PENN: Mattson Appeals Class Cert. Bid Denial to 9th Circuit
OLIN CORP: Miami Products Appeals Class Cert. Bid Denial to 2nd Cir
PERSONAL TOUCH: Faces Gomez Wage-and-Hour Suit in Calif.
PREMIER HEALTHCARE: Fails to Pay Nurses' OT Wages Under FLSA
SCOUT ENERGY: Must File Class Cert Bid Response by May 7
SUNOCO INC: Appeals Rulings in Cline's Breach of Contract Suit
UGG INC: Mackey Sues Over Unwanted Sales Calls
VALADON HOTEL: Escobar Sues Over Unlawful Labor Practices
WASHINGTON: Sterling Appeals Court Order to 9th Circuit
*********
3M COMPANY: Ates Aqueous Foams Class Suit Removed to N.D. Ala.
--------------------------------------------------------------
The class action lawsuit captioned as JAMES L. ATES, et al. v. 3M
COMPANY, et al., Case No. 01-CV-2023-904145 (Filed Nov. 15, 2023),
was removed from the Circuit Court for the Tenth Judicial Circuit,
Jefferson County, Alabama, to the United States District Court for
the Northern District of Alabama, Southern Division on Dec. 21,
2023.
The Northern Alabama District Court Clerk assigned Case No.
2:24-cv-00392-RMG to the proceeding.
The suit alleges that 3M and certain other Defendants sold aqueous
film-forming foams (AFFF) containing per- and polyfluoroalkyl
substances ("PFAS"), including perfluorooctanoic acid ("PFOA") and
perfluorooctane sulfonic acid ("PFOS").
Moreover, each Plaintiff expressly alleges that he "regularly used,
and was thereby directly exposed to, AFFF in training and to
extinguish fires during his working career as a military and/or
civilian firefighter" and allegedly suffered injury "as a result of
exposure to the Defendants' AFFF or TOG products."
3M Company is an American multinational conglomerate operating in
the fields of industry, worker safety, healthcare, and consumer
goods.[BN]
The Defendants are represented by:
M. Christian King, Esq.
Harlan I. Prater, IV, Esq.
W. Larkin Radney, IV, Esq.
Wesley B. Gilchrist, Esq.
LIGHTFOOT, FRANKLIN & WHITE, L.L.C.
The Clark Building
400 North 20th Street
Birmingham, AL 35203-3200
Telephone: (205) 581-0700
E-mail: cking@lightfootlaw.com
hprater@lightfootlaw.com
lradney@lightfootlaw.com
wgilchrist@lightfootlaw.com
3M COMPANY: Cottongim Aqueous Foams Suit Removed to N.D. Ala.
-------------------------------------------------------------
The class action lawsuit captioned as FRANKLIN COTTONGIM, et al. v.
3M COMPANY, et al., Case No. 01-CV-2023-904147.00 (Filed Nov. 15,
2023), was removed from the Circuit Court for the Tenth Judicial
Circuit, Jefferson County, Alabama, to the United States District
Court for the Northern District of Alabama, Southern Division on
Dec. 19, 2023.
The Northern Alabama District Court Clerk assigned Case No.
2:24-cv-00401-RMG to the proceeding.
The suit alleges that 3M and certain other Defendants sold aqueous
film-forming foams (AFFF) containing per- and polyfluoroalkyl
substances ("PFAS"), including perfluorooctanoic acid ("PFOA") and
perfluorooctane sulfonic acid ("PFOS").
Moreover, each Plaintiff expressly alleges that he "regularly used,
and was thereby directly exposed to, AFFF in training and to
extinguish fires during his working career as a military and/or
civilian firefighter" and allegedly suffered injury "as a result of
exposure to the Defendants' AFFF or TOG products."
3M Company is an American multinational conglomerate operating in
the fields of industry, worker safety, healthcare, and consumer
goods.[BN]
The Defendants are represented by:
M. Christian King, Esq.
Harlan I. Prater, IV, Esq.
W. Larkin Radney, IV, Esq.
Wesley B. Gilchrist, Esq.
LIGHTFOOT, FRANKLIN & WHITE, L.L.C.
The Clark Building
400 North 20th Street
Birmingham, AL 35203-3200
Telephone: (205) 581-0700
E-mail: cking@lightfootlaw.com
hprater@lightfootlaw.com
lradney@lightfootlaw.com
wgilchrist@lightfootlaw.com
3M COMPANY: Fox Aqueous Foams Class Suit Removed to N.D. Ala.
-------------------------------------------------------------
The class action lawsuit captioned as ROBERT FOX, et al. v. 3M
COMPANY, et al., Case No. 01-CV-2023-904160 (Filed Nov. 16, 2023),
was removed from the Circuit Court for the Tenth Judicial Circuit,
Jefferson County, Alabama, to the United States District Court for
the Northern District of Alabama, Southern Division on Dec. 19,
2023.
The Northern Alabama District Court Clerk assigned Case No.
2:24-cv-00400-RMG to the proceeding.
The suit alleges that 3M and certain other Defendants sold aqueous
film-forming foams (AFFF) containing per- and polyfluoroalkyl
substances ("PFAS"), including perfluorooctanoic acid ("PFOA") and
perfluorooctane sulfonic acid ("PFOS").
Moreover, each Plaintiff expressly alleges that he "regularly used,
and was thereby directly exposed to, AFFF in training and to
extinguish fires during his working career as a military and/or
civilian firefighter" and allegedly suffered injury "as a result of
exposure to the Defendants' AFFF or TOG products."
3M Company is an American multinational conglomerate operating in
the fields of industry, worker safety, healthcare, and consumer
goods.[BN]
The Defendants are represented by:
M. Christian King, Esq.
Harlan I. Prater, IV, Esq.
W. Larkin Radney, IV, Esq.
Wesley B. Gilchrist, Esq.
LIGHTFOOT, FRANKLIN & WHITE, L.L.C.
The Clark Building
400 North 20th Street
Birmingham, AL 35203-3200
Telephone: (205) 581-0700
E-mail: cking@lightfootlaw.com
hprater@lightfootlaw.com
lradney@lightfootlaw.com
wgilchrist@lightfootlaw.com
3M COMPANY: Gordon Aqueous Foams Class Suit Removed to N.D. Ala.
----------------------------------------------------------------
The class action lawsuit captioned as ELIOT GORDON, et al. v. 3M
COMPANY, et al., Case No. 01-CV-2023-904176 (Filed Nov. 16, 2023),
was removed from the Circuit Court for the Tenth Judicial Circuit,
Jefferson County, Alabama, to the United States District Court for
the Northern District of Alabama, Southern Division on Dec. 19,
2023.
The Northern Alabama District Court Clerk assigned Case No.
2:24-cv-00399-RMG to the proceeding.
The suit alleges that 3M and certain other Defendants sold aqueous
film-forming foams (AFFF) containing per- and polyfluoroalkyl
substances ("PFAS"), including perfluorooctanoic acid ("PFOA") and
perfluorooctane sulfonic acid ("PFOS").
Moreover, each Plaintiff expressly alleges that he "regularly used,
and was thereby directly exposed to, AFFF in training and to
extinguish fires during his working career as a military and/or
civilian firefighter" and allegedly suffered injury "as a result of
exposure to the Defendants' AFFF or TOG products."
3M Company is an American multinational conglomerate operating in
the fields of industry, worker safety, healthcare, and consumer
goods.[BN]
The Defendants are represented by:
M. Christian King, Esq.
Harlan I. Prater, IV, Esq.
W. Larkin Radney, IV, Esq.
Wesley B. Gilchrist, Esq.
LIGHTFOOT, FRANKLIN & WHITE, L.L.C.
The Clark Building
400 North 20th Street
Birmingham, AL 35203-3200
Telephone: (205) 581-0700
E-mail: cking@lightfootlaw.com
hprater@lightfootlaw.com
lradney@lightfootlaw.com
wgilchrist@lightfootlaw.com
3M COMPANY: Killings Aqueous Foams Class Suit Removed to N.D. Ala.
------------------------------------------------------------------
The class action lawsuit captioned as LEMUEL KILLINGS JR., et al.
v. 3M COMPANY, et al., Case No. 01-CV-2023-904186 (Filed Nov. 17,
2023), was removed from the Circuit Court for the Tenth Judicial
Circuit, Jefferson County, Alabama, to the United States District
Court for the Northern District of Alabama, Southern Division on
Dec. 19, 2023.
The Northern Alabama District Court Clerk assigned Case No.
2:24-cv-00398-RMG to the proceeding.
The suit alleges that 3M and certain other Defendants sold aqueous
film-forming foams (AFFF) containing per- and polyfluoroalkyl
substances ("PFAS"), including perfluorooctanoic acid ("PFOA") and
perfluorooctane sulfonic acid ("PFOS").
Moreover, each Plaintiff expressly alleges that he "regularly used,
and was thereby directly exposed to, AFFF in training and to
extinguish fires during his working career as a military and/or
civilian firefighter" and allegedly suffered injury "as a result of
exposure to the Defendants' AFFF or TOG products."
3M Company is an American multinational conglomerate operating in
the fields of industry, worker safety, healthcare, and consumer
goods.[BN]
The Defendants are represented by:
M. Christian King, Esq.
Harlan I. Prater, IV, Esq.
W. Larkin Radney, IV, Esq.
Wesley B. Gilchrist, Esq.
LIGHTFOOT, FRANKLIN & WHITE, L.L.C.
The Clark Building
400 North 20th Street
Birmingham, AL 35203-3200
Telephone: (205) 581-0700
E-mail: cking@lightfootlaw.com
hprater@lightfootlaw.com
lradney@lightfootlaw.com
wgilchrist@lightfootlaw.com
3M COMPANY: Ladendorf Aqueous Foams Class Suit Removed to N.D. Ala.
-------------------------------------------------------------------
The class action lawsuit captioned as ROY ROBERT LADENDORF, et al.
v. 3M COMPANY, et al., Case No. 01-CV-2023-904164 (Filed Nov. 16,
2023), was removed from the Circuit Court for the Tenth Judicial
Circuit, Jefferson County, Alabama, to the United States District
Court for the Northern District of Alabama, Southern Division on
Dec. 19, 2023.
The Northern Alabama District Court Clerk assigned Case No.
2:24-cv-00397-RMG to the proceeding.
The suit alleges that 3M and certain other Defendants sold aqueous
film-forming foams (AFFF) containing per- and polyfluoroalkyl
substances ("PFAS"), including perfluorooctanoic acid ("PFOA") and
perfluorooctane sulfonic acid ("PFOS").
Moreover, each Plaintiff expressly alleges that he "regularly used,
and was thereby directly exposed to, AFFF in training and to
extinguish fires during his working career as a military and/or
civilian firefighter" and allegedly suffered injury "as a result of
exposure to the Defendants' AFFF or TOG products."
3M Company is an American multinational conglomerate operating in
the fields of industry, worker safety, healthcare, and consumer
goods.[BN]
The Defendants are represented by:
M. Christian King, Esq.
Harlan I. Prater, IV, Esq.
W. Larkin Radney, IV, Esq.
Wesley B. Gilchrist, Esq.
LIGHTFOOT, FRANKLIN & WHITE, L.L.C.
The Clark Building
400 North 20th Street
Birmingham, AL 35203-3200
Telephone: (205) 581-0700
E-mail: cking@lightfootlaw.com
hprater@lightfootlaw.com
lradney@lightfootlaw.com
wgilchrist@lightfootlaw.com
3M COMPANY: Simpson Aqueous Foams Class Suit Removed to N.D. Ala.
-----------------------------------------------------------------
The class action lawsuit captioned as RODERICK SIMPSON, et al. v.
3M COMPANY, et al., Case No. o. 01-CV-2023-904191 (Filed Nov. 17,
2023), was removed from the Circuit Court for the Tenth Judicial
Circuit, Jefferson County, Alabama, to the United States District
Court for the Northern District of Alabama, Southern Division on
Dec. 19, 2023.
The Northern Alabama District Court Clerk assigned Case No.
2:24-cv-00396-RMG to the proceeding.
The suit alleges that 3M and certain other Defendants sold aqueous
film-forming foams (AFFF) containing per- and polyfluoroalkyl
substances ("PFAS"), including perfluorooctanoic acid ("PFOA") and
perfluorooctane sulfonic acid ("PFOS").
Moreover, each Plaintiff expressly alleges that he "regularly used,
and was thereby directly exposed to, AFFF in training and to
extinguish fires during his working career as a military and/or
civilian firefighter" and allegedly suffered injury "as a result of
exposure to the Defendants' AFFF or TOG products."
3M Company is an American multinational conglomerate operating in
the fields of industry, worker safety, healthcare, and consumer
goods.[BN]
The Defendants are represented by:
M. Christian King, Esq.
Harlan I. Prater, IV, Esq.
W. Larkin Radney, IV, Esq.
Wesley B. Gilchrist, Esq.
LIGHTFOOT, FRANKLIN & WHITE, L.L.C.
The Clark Building
400 North 20th Street
Birmingham, AL 35203-3200
Telephone: (205) 581-0700
E-mail: cking@lightfootlaw.com
hprater@lightfootlaw.com
lradney@lightfootlaw.com
wgilchrist@lightfootlaw.com
3M COMPANY: Sylestine Aqueous Foams Class Suit Removed to N.D. Ala.
-------------------------------------------------------------------
The class action lawsuit captioned as RALPH JASON SYLESTINE, et al.
v. 3M COMPANY, et al., Case No. 01-CV-2023-904177 (Filed Nov. 16,
2023) was removed from the Circuit Court for the Tenth Judicial
Circuit, Jefferson County, Alabama, to the United States District
Court for the Northern District of Alabama, Southern Division on
Dec. 19, 2023.
The Northern Alabama District Court Clerk assigned Case No.
2:24-cv-00395-RMG to the proceeding.
The suit alleges that 3M and certain other Defendants sold aqueous
film-forming foams (AFFF) containing per- and polyfluoroalkyl
substances ("PFAS"), including perfluorooctanoic acid ("PFOA") and
perfluorooctane sulfonic acid ("PFOS").
Moreover, each Plaintiff expressly alleges that he "regularly used,
and was thereby directly exposed to, AFFF in training and to
extinguish fires during his working career as a military and/or
civilian firefighter" and allegedly suffered injury "as a result of
exposure to the Defendants' AFFF or TOG products."
3M Company is an American multinational conglomerate operating in
the fields of industry, worker safety, healthcare, and consumer
goods.[BN]
The Defendants are represented by:
M. Christian King, Esq.
Harlan I. Prater, IV, Esq.
W. Larkin Radney, IV, Esq.
Wesley B. Gilchrist, Esq.
LIGHTFOOT, FRANKLIN & WHITE, L.L.C.
The Clark Building
400 North 20th Street
Birmingham, AL 35203-3200
Telephone: (205) 581-0700
E-mail: cking@lightfootlaw.com
hprater@lightfootlaw.com
lradney@lightfootlaw.com
wgilchrist@lightfootlaw.com
BMW MANAGEMENT: Gayo Sues Over Failure to Pay Proper Wages
----------------------------------------------------------
DANIEL GAYO, an individual, on behalf of himself, and on behalf of
all persons similarly situated, Plaintiff v. BMW MANAGEMENT, INC.,
a California corporation; BMW MANAGEMENT, LLC, a California limited
liability company, and DOES 1-50, Inclusive, Defendants, Case No.
24STCV01215 (Cal. Super., Los Angeles Cty., Jan. 16, 2024) is a
class action brought by the Plaintiff, on behalf of himself and a
California Class, pursuant to the California Labor Code and the
California Business & Professions Code, in order to fully
compensate them for their losses incurred during the Class period
caused by Defendants' uniform policy and practice which failed to
lawfully compensate these employees.
The Plaintiff alleges the Defendants' failure to pay minimum wages,
failure to pay overtime wages, failure to provide required meal and
rest periods, failure to reimburse employees for required expenses,
failure to provide wages when due, failure to provide accurate
statements, and unfair competition.
The Plaintiff was employed by the Defendants in California from
January of 2023 to February of 2023 as a non-exempt employee.
The Defendants are a franchisee of restaurants, including Sizzler
restaurants, throughout the state of California, including the
county of Los Angeles, where Plaintiff worked.[BN]
The Plaintiff is represented by:
Shani O. Zakay, Esq.
Jackland K. Hom, Esq.
Julieann Alvarado, Esq.
Rachel Newman, Esq.
ZAKAY LAW GROUP, APLC
5440 Morehouse Drive, Suite 3600
San Diego, CA 92121
Telephone: (619) 255-9047
Facsimile: (858) 404-9203
E-mail: shani@zakaylaw.com
jackland@zakaylaw.com
julieann@zakaylaw.com
rachel@zakaylaw.com
- and -
Jean-Claude Lapuyade, Esq.
JCL LAW FIRM, APC
5440 Morehouse Drive, Suite 3600
San Diego, CA 92121
Telephone: (619) 599-8292
Facsimile: (619) 599-8291
E-mail: jlapuyade@jcl-lawfirm.com
BRINKER INTERNATIONAL: Writ of Certiorari Filed in Steinmetz Suit
-----------------------------------------------------------------
Brinker International filed with the Supreme Court of United States
a petition for a writ of certiorari in the matter styled ERIC
STEINMETZ, individually and on behalf of all others similarly
situated, and MICHAEL FRANKLIN, individually and on behalf of all
others similarly situated, Plaintiffs v. BRINKER INTERNATIONAL,
INC., Defendant, Case No. 23-648.
Response was due on January 16, 2024.
Brinker International petitions for a writ of certiorari to review
the Opinion and Mandate from the United States Court of Appeals for
the Eleventh Circuit in the case styled In re: Brinker Data
Incident Litigation, Case No. 21-13146.
In the Litigation, the Plaintiffs assert various claims stemming
from the cyber security incident at the Company's Chili's
restaurants involving customer payment card information and seek
monetary damages in excess of $5.0 million, injunctive and
declaratory relief, and attorney's fees and costs.
On April 14, 2021, the district court issued an order granting in
part and deferring in part Plaintiffs' motion for class
certification.
The court certified a class on Plaintiffs' negligence claim and a
separate class on Plaintiffs' California state Unfair Competition
Law claims.
On April 28, 2021, Brinker filed a Federal Rule of Civil Procedure
23(f) petition in the Eleventh Circuit Court of Appeals seeking
immediate discretionary review of the district court's
certification orders.
Brinker International, Inc. said in its Form 10-K report filed with
the U.S. Securities and Exchange Commission on August 26, 2021, for
the fiscal year ended June 30, 2021, that the company's Rule 23(f)
petition in the Eleventh Circuit Court of Appeals seeking immediate
discretionary review of the district court's certification orders
was granted.
On November 28, 2023, Judge Timothy J. Corrigan entered an Order
that by December 15, 2023, the parties must file a joint notice
addressing the following: 1) whether Plaintiffs Eric Steinmetz and
Michael Franklin are proper parties in this case; 2) whether the
parties request additional briefing limited to a predominance
analysis under Federal Rule of Civil Procedure 23(b)(3) and the
viability of the California class, or whether they prefer the Court
to decide the issues without additional briefing; 3) proposed
deadlines for any additional briefing or, if the parties do not
request additional briefing, proposed deadlines for an amended case
management and scheduling order; and 4) any other consideration of
which the Court should be aware.[BN]
Defendant-Petitioner Brinker International, Inc. is represented
by:
Jonathan Saul Franklin, Esq.
NORTON ROSE FULBRIGHT US LLP
799 9th Street NW Suite 1000
Washington, DC 20001
E-mail: jonathan.franklin@nortonrosefulbright.com
COMPUTER HAUS: Appeals Reconsideration Ruling in Jahagirdar Suit
----------------------------------------------------------------
Computer Haus NC, Inc. filed an appeal from a court ruling entered
in the lawsuit styled SHAILESH JAHAGIRDAR, et al. v. THE COMPUTER
HAUS NC. INC., d/b/a/ CITYMAC, et al., Case No.
1:20-cv-00033-MOC-WCM, in the United States District Court for the
Western District of North Carolina at Asheville.
This case is a putative class action concerning wage and hour
claims raised by employees of CityMac alleging violations of the
Fair Labor Standards Act and related state laws. The Plaintiffs
assert a number of potential violations including failure to pay
overtime and earned commissions, off-the-clock work, pay deductions
for meal breaks not actually taken, and failure to timely pay final
paychecks. The Defendants broadly deny Plaintiffs' allegations.
The Plaintiff began this action by filing a Complaint on February
5, 2020, seeking unpaid wages and statutory penalties under the
Fair Labor Standards Act.
On November 5, 2021, the Hon. Judge Max O. Cogburn, Jr. entered an
order granting the Plaintiffs' motion for class certification,
denying the Defendants' motion to decertify collective action, and
certifying the case to proceed with respect to the claims of the
Amended Complaint as a class action under Federal Rule of Civil
Procedure 23(b)(3).
On February 15, 2022, Judge Cogburn granted the Plaintiffs' Motion
for Equitable Tolling of the Statute of Limitations.
On May 11, Judge Cogburn entered an order denying the Defendants
Troy Curran and The Computer Haus NC, Inc.'s motion for summary
judgment.
On October 20, a Final Judgment was entered by Judge Cogburn saying
that after the jury rendered its verdict, the Court commenced a
bench trial for Phase Two on the issues of successor liability,
partnership liability, alter ego and Count XXVII of Plaintiffs'
Complaint. The Court granted the directed verdict of Mark Curran
and Curran Brothers and denied the directed verdict as to the
remaining Defendants. The Court further found, as such, Defendants,
are jointly and severally liable to Plaintiffs for the judgment. On
Count XXVII, the Court also found that the Defendant Judgment
Debtors fraudulently conveyed the following assets between and
among themselves after this action was filed.
On November 17, the Defendants filed a motion for reconsideration
regarding the Final Judgement. The Defendants argue that the Final
Judgment is defective because it lacks findings of fact and
conclusions of law, as required by North Carolina Rule of Civil
Procedure 52. Defendants also contend that the Final Judgment is
not final because Plaintiff Jahagirdar's individual claims, while
severed, are still pending.
On December 6, Judge Cogburn signed an Order denying Defendants'
motion for reconsideration.
The appellate case is captioned as Shailesh Jahagirdar v. Computer
Haus NC, Inc., Case No. 24-1046, in the United States Court of
Appeals for the Fourth Circuit, filed on January 12, 2024.[BN]
Defendants-Appellants THE COMPUTER HAUS NC, INC, d/b/a CityMac, a
North Carolina Corporation, et al., are represented by:
Ryan Michel Arnold, Esq.
Nathan Adam White, Esq.
TAYLOR ENGLISH DUMA
13925 Ballantyne Corporate Place
Charlotte, NC 28277
Telephone: (984) 292-2992
Plaintiffs-Appellees HAILESH JAHAGIRDAR, on behalf of themselves
and all others similarly situated, are represented by:
L. Michelle Gessner, Esq.
GESSNERLAW, PLLC
602 East Morehead Street
Charlotte, NC 28202
Telephone: (704) 234-7442
DANAHER CORPORATION: Silva Sues Over Breaches of Fiduciary Duties
-----------------------------------------------------------------
NATHAN SILVA, Derivatively on Behalf of Nominal Defendant DANAHER
CORPORATION v. RAINER M. BLAIR, FEROZ DEWAN, LINDA H. FILLER, TERI
LIST, WALTER G. LOHR, JR., JESSICA L. MEGA, MITCHELL P. RALES,
STEVEN M. RALES, PARDIS C. SABETI, A. SHANE SANDERS, JOHN T.
SCHWIETERS, ALAN G. SPOON, RAYMOND C. STEVENS, ELIAS A. ZERHOUNI,
MATTHEW R. MCGREW, and EMANNUEL LIGNER, and DANAHER CORPORATION,
Case No. 1:24-cv-00091-UNA (D. Del., Jan. 24, 2024) is a derivative
complaint for the benefit of nominal defendant Danaher Corporation
against certain current and former executive officers and members
of the Company's Board of Directors for breaches of fiduciary
duties, unjust enrichment, waste of corporate assets, and
violations of Sections 10(b) of the Securities Exchange Act of
1934.
The Individual Defendants breached 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 between January 27, 2022, and October 23,
2023, inclusive regarding the true nature of the Company's
post-COVID-19 pandemic business and prospects.
Following the onset of the COVID-19 pandemic in 2020, Danaher's
diagnostic tests and life sciences equipment were widely used in
the effort to combat the disease. As a result, Danaher experienced
explosive revenue growth during this period, and its stock price
nearly tripled, reaching an all-time high of $332.43 per share on
September 3, 2021.
However, by the beginning of 2022, it became clear that COVID-19
was beginning to enter an endemic phase, generally meaning that the
numbers of infections were no longer growing exponentially, health
care systems were not overwhelmed, and necessitating a shift in
response.
Following several partial and inadequate disclosures through
revisions to public forecasts over the Relevant Period, the Company
finally, on October 24, 2023, revealed that it had cut its full
year outlook yet again, increasing the core sales decline to a firm
low double digit range and inverting modest growth in the base
business to a low single digit decline. On this news, Danaher's
stock price dropped nearly 5.6% over the following two days, to
close at $192.65 on October 25, 2023.
Moreover, in light of the breaches of fiduciary duty engaged in by
the Individual Defendants, most of whom are the Company's current
directors, their collective engagement in fraud, the substantial
likelihood of the directors' liability in this derivative action
and the Defendants' liability in the Securities Action, their being
beholden to each other, their longstanding business and personal
relationships with each other, and their not being disinterested
and/or independent directors, a majority of Danaher's Board cannot
consider a demand to commence litigation against themselves and the
other Individual Defendants on behalf of the Company with the
requisite level of disinterestedness and independence. Accordingly,
the Plaintiff did not make a demand on the Board because, demand
would be a futile and useless act, the suit claims.
The Plaintiff is and has been a continuous shareholder of Danaher
common stock since May 2020.
Danaher is a global science and technology conglomerate comprised
of more than twenty operating companies with positions in the
biotechnology, life sciences, diagnostics, environmental and
applied sectors.[BN]
The Plaintiff is represented by:
Seth D. Rigrodsky, Esq.
Gina M. Serra, Esq.
Herbert W. Mondros, Esq.
RIGRODSKY LAW, P.A.
300 Delaware Avenue, Suite 210
Wilmington, DE 19801
Telephone: (302) 295-5310
Facsimile: (302) 654-7530
E-mail: sdr@rl-legal.com
gms@rl-legal.com
hwm@rl-legal.com
- and -
Joshua H. Grabar, Esq.
GRABAR LAW OFFICE
One Liberty Place
1650 Market Street, Suite 3600
Philadelphia, PA 19103
Telephone: (267) 507-6085
EXPERIAN INFORMATION: Nelson Appeals FCRA Suit Ruling to 11th Cir.
------------------------------------------------------------------
JESSICA NELSON is taking an appeal from a court order denying her
motion to alter or amend the judgment in her lawsuit entitled
Jessica Nelson, on behalf of herself and all others similarly
situated, Plaintiff, v. Experian Information Solutions, Inc.,
Defendant, Case No. 4:21-cv-00894-CLM, in the U.S. District Court
for the Northern District of Alabama.
As previously reported in the Class Action Reporter, the lawsuit,
which was removed from the Circuit Court of Etowah County to the
U.S. District Court for the Northern District of Alabama, is
brought over alleged violation of the Fair Credit Reporting Act.
On Aug. 16, 2023, the Court granted the Defendant's motion for
summary judgment.
The Plaintiff filed a motion to alter or amend the Aug. 16 Order
under Rule 59(e) and Rule 60(b), which the Court denied through an
Order entered by Judge Corey L. Maze on Dec. 11, 2023. After
reviewing Nelson's motion, the court's opinion, and the record,
Judge Corey found that Nelson has not shown that the court
manifestly erred in its opinion. Nelson has not shown the court
made a mistake in applying the law.
The appellate case is captioned Jessica Nelson v. Experian
Information Solutions, Inc., Case No. 24-10147, in the United
States Court of Appeals for the Eleventh Circuit, filed on January
17, 2024. [BN]
Plaintiff-Appellant JESSICA NELSON, on behalf of herself and all
others similarly situated, is represented by:
W. Whitney Seals, Esq.
COCHRUN & SEALS, LLC
P.O. Box 10448
Birmingham, AL 35202
Telephone: (205) 323-3900
Facsimile: (205) 323-3906
E-mail: filings@cochrunseals.com
- and -
J. Matthew Stephens, Esq.
Brooke B. Rebarchak, Esq.
METHVIN, TERRELL, YANCEY, STEPHENS & MILLER, P.C.
2201 Arlington Avenue South
Birmingham, AL 35205
Telephone: (205) 939-0199
Facsimile: (205) 939-0399
E-mail: mstephens@mtattorneys.com
brebarchak@mtattorneys.com
Defendant-Appellee EXPERIAN INFORMATION SOLUTIONS, INC. is
represented by:
L. Jackson Young, Jr., Esq.
CHRISTIAN & SMALL, LLP
505 North 20th Street, Suite 1800
Birmingham, AL 35203
Telephone: (205) 250-6617
Facsimile: (205) 328-7234
E-mail: LJYoung@csattorneys.com
- and -
Robert N. Stander, Esq.
JONES DAY
51 Louisiana Ave. NW
Washington, DC 20001
Telephone: (202) 879-7628
Facsimile: (202) 626-1700
E-mail: rstander@jonesday.com
- and -
Kerianne Tobitsch, Esq.
JONES DAY
250 Vesey Street
New York, NY 10281
Telephone: (212) 326-8321
Facsimile: (212) 755-7306
E-mail: ktobitsch@jonesday.com
GALLERIA NUVO INC.: Wahab Files ADA Suit in S.D. New York
---------------------------------------------------------
A class action lawsuit has been filed against Galleria Nuvo, Inc.
The case is styled as Angela Wahab, on behalf of herself and all
others similarly situated v. Galleria Nuvo, Inc., Case No.
1:24-cv-00582 (S.D.N.Y., Jan. 26, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Galleria NuVo, Inc. -- https://www.gallerianuvo.com/ -- is a
boutique handmade jewelry manufacturer specializing in creating
unique, artisanal pieces that celebrate individuality and
craftsmanship.[BN]
The Plaintiff is represented by:
Mark Rozenberg, Esq.
STEIN SAKS, PLLC
1 University Plaza, Ste. 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: mrozenberg@steinsakslegal.com
GENTING NEW YORK: Mrijaj Appeals Class Cert. Bid Denial
-------------------------------------------------------
PREN MRIJAJ filed an appeal in his lawsuit entitled Pren Mrijaj, on
behalf of himself and all others similarly situated, Plaintiff, v.
Genting New York LLC d/b/a Resorts World Casino New York City,
Defendant, Case No. 34065/2019E, filed in the Supreme Court, Bronx
County, New York.
This complaint was filed on November 26, 2019. In relevant part,
Plaintiff alleges that since the Video Casino opened in 2011, more
than 500 individuals have been arrested on criminal mischief
charges following accusations by the casino that they damaged the
casino's machines. Even when the allegations are denied and the
Video Casino offers no proof that a patron has done any damage,
casino personnel detain patrons and offer them the "choice" of
either paying "restitution"—in amounts ranging from $500 to over
$1,500—or having casino personnel call the police. Plaintiff
alleges that this effort to recover civil penalties from
individuals accused of having caused damage to machines in the
Video Casino constitutes, among other things, false imprisonment
and larceny by extortion. Even where Defendant's employees properly
suspect an individual of damaging casino property, Plaintiff
alleges, Defendant is engaged in improper, and tortious,
self-help.
On December 14, 2023, the Hon. Veronica G. Hummel, A.J.S.C. ruled,
among other things, that the motion of plaintiff PREN MRIJAJ
seeking an order, pursuant to CPLR 901 and 902, certifying a class
action is DENIED with leave to renew. The cross-motion of defendant
GENTING NEW YORK LLC. D/B/A RESORTS WORLD CASINO NEW YORK CITY
seeking an order, pursuant to CPLR 3211(a)(7), dismissing the
complaint and proposed class action is GRANTED IN PART only to the
extent set forth in the order.
The appellate case is captioned Pren Mrijaj vs. Genting New York
LLC d/b/a Resorts World Casino New York City, Case No. 24-00328, in
the First Judicial Department of New York Appellate Division, filed
on January 16, 2024. [BN]
Plaintiff-Petitioner PREN MRIJAJ, on behalf of himself and all
others similarly situated, is represented by:
Andrew M. St. Laurent, Esq.
HARRIS ST. LAURENT & WECHSLER LLP
40 Wall Street, 53rd Floor
New York, NY 10005
Telephone: (212) 397-3370
E-mail: andrew@hs-law.com
Defendant-Respondent GENTING NEW YORK LLC D/B/A RESORTS WORLD
CASINO NEW YORK CITY is represented by:
Benjamin David Greenfield, Esq.
WILSON ELSER
150 East 42nd Street
New York, NY 10017
Telephone: (212) 490-3000
Facsimile: (212) 490-3038
E-mail: benjamin.greenfield@wilsonelser.com
GLOBAL INTEGRITY: Varela Sues Over Failure to Pay Minimum Wages
---------------------------------------------------------------
Elias Varela, and other similarly situated aggrieved employees v.
GLOBAL INTEGRITY REALTY CORPORATION and DOES 1 to 25, inclusive,
Case No. 24STCV01755 (Cal. Super. Ct., Los Angeles Cty., Jan. 23,
2024), is brought under the California Labor Code and the Private
Attorneys General Act ("PAGA") a result of the Defendants failure
to pay minimum wages.
GLOBAL INTEGRITY violated Labor Code because it failed to pay
Plaintiff and other similarly situated aggrieved employees for all
hours worked, including the statutory minimum wage for all hours
worked and for "off the clock" work. This is so because GLOBAL
INTEGRITY had a company policy wherein they would
disproportionately round down the number of hours worked, resulting
in "time shaving" and further resulting in aggrieved employees not
being paid for all hours worked. Moreover, since Plaintiff and
others engaged in work-related duties during their meal periods and
while clocked out, the latter would also be akin to a minimum wage
violation. Furthermore, Plaintiff was not compensated for all hours
worked and while he was under the control of his employer because
Plaintiff would be "on call" without being compensated for it.
Being "on call" meant geographic restrictions for where Plaintiff
could travel, in essence limiting him from engaging in any personal
activities due to having to report to work when called upon, says
the complaint.
The Plaintiff started working for GLOBAL INTEGRITY on July 2021 as
a maintenance technician.
Global Integrity Realty Corporation is a California Corporation,
doing business in Los Angeles County, California.[BN]
The Plaintiff is represented by:
Harout Messrelian, Esq.
MESSRELIAN LAW INC.
500 N. Central Ave., Suite 840
Glendale, CA 91203
Phone: (818) 484-6531
Facsimile: (818) 956-1983
GOLDEN ARCH ENTERPRISES: Harris Files Suit in Cal. Super. Ct.
-------------------------------------------------------------
A class action lawsuit has been filed against Golden Arch
Enterprises, Inc., et al. The case is styled as Bryonna J. Harris
and Lisa Kohler, as individuals, on behalf of themselves and others
similarly situated v. Golden Arch Enterprises, Inc., et al., Case
No. 24CV000977 (Cal. Super. Ct., Sacramento Cty., Jan. 22, 2024).
Golden Arch Enterprises, Inc. is a McDonald's Franchisee.[BN]
GOOD EYE MANAGEMENT: Oakman Sues Over Failure to Pay Minimum Wages
------------------------------------------------------------------
Ryan David Oakman, individually and on behalf of all others
similarly situated v. GOOD EYE MANAGEMENT, INC., Case No.
1:24-cv-00108 (E.D. Va., Jan. 22, 2024), is brought under the Fair
Labor Standards Act ("FLSA") as a result of the Defendants failure
to pay minimum wages to Plaintiff and the Class Members because
they were misclassified as exempt from the protections of the
FLSA.
The Plaintiff was paid on a commission basis. Commissions were paid
on a per-sale basis and in connection with Verizon plans. Prior to
beginning in a sales role, Plaintiff and Class Members were also
required to attend mandatory training that spanned several days for
which they received no compensation whatsoever. Despite having
knowledge of the FLSA, Defendants engaged in an intentional and
reckless operation to deprive Plaintiff and their other employees
of the benefits of the FLSA by failing to pay them for all hours
worked, including overtime hours, and at the rates required by the
FLSA.
Because Plaintiff and the Class Members were paid in whole or in
part on a commission basis, there were certain weeks, such as
during their unpaid training period, when they were not paid enough
to meet the minimum wage requirements of the FLSA. The realized
hourly rate of pay fell below the applicable minimum wage during
many pay periods, says the complaint.
The Plaintiff was employed by Defendants until February 2023 to
March 2023.
The Defendants have acted, directly or indirectly, in the interest
of an employer with respect to Plaintiff.[BN]
The Plaintiff is represented by:
Gregg C. Greenberg, Esq.
ZIPIN, AMSTER & GREENBERG, LLC
8757 Georgia Avenue, Suite 400
Silver Spring, MD 20910
Phone: 301-587-9373
Email: ggreenberg@zagfirm.com
GOODS STORE INC: Karim Files ADA Suit in S.D. New York
------------------------------------------------------
A class action lawsuit has been filed against Goods Store, Inc. The
case is styled as Jessica Karim, on behalf of herself and all
others similarly situated v. Goods Store, Inc., Case No.
1:24-cv-00573 (S.D.N.Y., Jan. 26, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Good's Store Inc. -- https://goodsstores.com/ -- is a retail
company located in Lancaster County, Pennsylvania.[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
HAPPY ZOE: Colak Files ADA Suit in E.D. New York
------------------------------------------------
A class action lawsuit has been filed against Happy Zoe Vegan
Bakery, Inc. The case is styled as Ali Colak, on behalf of himself
and all others similarly situated v. Happy Zoe Vegan Bakery, Inc.,
Case No. 2:24-cv-00601 (E.D.N.Y., Jan. 26, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Happy Zoe Vegan Bakery -- https://www.happyzoeveganbakery.com/ --
is a company that operates in the Food & Beverages industry.[BN]
The Plaintiff is represented by:
PeterPaul Elhamy Shaker, Esq.
STEIN SAKS, PLLC
1 University Plaza, Ste. 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: pshaker@steinsakslegal.com
HATHAWAY DINWIDDIE: Chavez Files Suit in Cal. Super. Ct.
--------------------------------------------------------
A class action lawsuit has been filed against Hathaway Dinwiddie
Construction Company, et al. The case is styled as Kevin Vilvches
Chavez, an individual and on behalf of all others similarly
situated v. Hathaway Dinwiddie Construction Company, Does 1 through
100, inclusive, Case No. CGC24611824 (Cal. Super. Ct., San
Francisco Cty., Jan. 23, 2024).
The case type is stated as "Other Non-Exempt Complaints."
Hathaway Dinwiddie -- https://www.hathawaydinwiddie.com/ -- is one
of the most respected construction companies in California.[BN]
The Plaintiff is represented by:
Jared Walder, Esq.
BIBIYAN LAW GROUP, P.C.
8484 Wilshire Blvd Ste 500
Beverly Hills, CA 90211-3243
Phone: 310-438-5555
Fax: 310-300-1705
Email: jared@tomorrowlaw.com
HEALTH CARE SERVICE: Slaughter Suit Removed to N.D. Illinois
------------------------------------------------------------
The case captioned as Elizabeth Slaughter, individually and on
behalf of all others similarly situated v. Health Care Service
Corporation, Case No. 2023-CH-07893 was removed from the Circuit
Court of Cook County, Illinois, to the U.S. District Court for the
Northern District of Illinois on Jan. 22, 2024.
The District Court Clerk assigned Case No. 1:24-cv-00560 to the
proceeding.
The nature of suit is stated as Other Personal Property.
Health Care Service Corporation -- https://www.hcsc.com/ -- is a
member-owned health insurance company in the United States.[BN]
The Plaintiff is represented by:
Kevin Laukaitis, Esq.
LAUKAITIS LAW FIRM LLC
954 Avenida Ponce De Leon, Suite 205, #10518
San Juan, PR 00907
Phone: (215) 789-4462
Email: klaukaitis@ecf.courtdrive.com
The Defendants are represented by:
Hickey S. Adam, Esq.
MAYER BROWN
1999 K St NW
Washington, DC 20036
Phone: (202) 263-3024
Email: AHickey@mayerbrown.com
- and -
Michael Allen Olsen, Esq.
MAYER BROWN LLP
71 South Wacker Drive
Chicago, IL 60606
Phone: (312) 782-0600
Email: courtnotification@mayerbrown.com
HEALTHY FEET STORE: Liz Files ADA Suit in S.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against Healthy Feet Store,
LLC. The case is styled as Pedro Liz, on behalf of himself and all
others similarly situated v. Healthy Feet Store, LLC, Case No.
1:24-cv-00462-PAE-GS (S.D.N.Y., Jan. 22, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Healthy Feet Store -- https://www.healthyfeetstore.com/ -- offers a
huge selection of orthopedic shoes based on specific foot
conditions.[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
HENRY SCHEIN: Depperschmidt Files Suit in E.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against Henry Schein, Inc.
The case is styled as Brent Depperschmidt, on behalf of himself
individually and on behalf of all others similarly situated v.
Henry Schein, Inc., Case No. 1:24-cv-00550 (E.D.N.Y., Jan. 25,
2024).
The nature of suit is stated as Other P.I. for Personal Injury.
Henry Schein, Inc. -- http://www.henryschein.com/-- is an American
distributor of health care products and services with a presence in
32 countries.[BN]
The Plaintiffs are represented by:
Vicki J. Maniatis, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, LLC
100 Garden City Plaza, Suite 500
GARDEN CITY, NY 11530
Phone: (866) 252-0878
Fax: (212) 868-1229
Email: vmaniatis@milberg.com
HIGHER EDUCATION LOAN: Morgan Files Suit in E.D. Missouri
---------------------------------------------------------
A class action lawsuit has been filed against Higher Education Loan
Authority of the State of Missouri, et al. The case is styled as
Spencer Morgan, Francis Novak, Rowena Koenig, on behalf of
themselves and all others similarly situated v. Higher Education
Loan Authority of the State of Missouri doing business as: MOHELA,
Miguel Cardona, in his official capacity as Secretary of the United
States Department of Education, The United States Department of
Education, Case No. 4:24-cv-00147 (E.D. Mo., Jan. 26, 2024).
The nature of suit is stated as Other Contract.
The Higher Education Loan Authority of the State of Missouri --
http://www.mohela.com/-- also known as the Missouri Higher
Education Loan Authority or MOHELA is one of the largest holders
and servicers of student loans in the United States.[BN]
The Plaintiffs are represented by:
Amy Collignon Gunn, Esq.
THE SIMON LAW FIRM PC
800 Market Street, Suite 1700
St. Louis, MO 63101
Phone: (314) 241-2929
Fax: (314) 241-2029
Email: agunn@simonlawpc.com
HOME DEPOT: Smith Class Suit Removed From Sup. Ct. to D.N.H.
------------------------------------------------------------
The class action lawsuit captioned as Smith v. Home Depot U.S.A.,
Inc., Case No. 216−2023−CV−234, was removed from the State of
New Hampshire Hillsborough Superior Court Northern District to the
United States District Court for the District of New Hampshire on
Jan. 24, 2024.
The New Hampshire District Court Clerk assigned Case No.
1:23−cv−00294−LM to the proceeding.
The suit alleges that Home Depot violated the New Hampshire Driver
Privacy Act, RSA 260:14, by transmitting information from Smith's
driver's license to a third-party without her consent.
The case is assigned to the Hon. Judge Landya B. McCafferty.
Home Depot is an American multinational home improvement retail
corporation that sells tools, construction products, appliances,
and services, including fuel and transportation rentals.[BN]
The Plaintiff is represented by:
Benjamin T. King, Esq.
DOUGLAS LEONARD & GARVEY PC
14 South St, Ste 5
Concord, NH 03301
Telephone: (603 ) 224−1988
E-mail: benjamin@nhlawoffice.com
- and -
Matthew A. Girardi, Esq.
Philip Lawrence Fraietta, Esq.
BURSOR & FISHER, P.A.
1330 Avenue of the Americas, 32nd Floor
New York, NY 10019
Telephone: (646) 837−7150
E-mail: mgirardi@bursor.com
pfraietta@bursor.com
The Defendant is represented by:
Sidney Stewart Haskins, II, Esq.
KING & SPALDING LLP
1180 Peachtree St NE
Atlanta, GA 30309−3521
Telephone: (404) 572−5104
E-mail: shaskins@kslaw.com
- and -
Kathleen M. Mahan, Esq.
HINCKLEY ALLEN & SNYDER LLP
650 Elm St
Manchester, NH 03101
Telephone: (603) 545−6118
E-mail: kmahan@hinckleyallen.com
IFIT INC: Douglass Seeks to Amend Nov. 13 Settlement Class Order
----------------------------------------------------------------
In the class action lawsuit captioned as BLAIR DOUGLASS, on behalf
of himself and all similarly situated individuals v. iFIT INC.,
Case No. 2:23-cv-00917-MJH (W.D. Pa.), the Plaintiff asks the Court
to enter an order amending Nov. 13, 2023 Order granting the
Plaintiff's unopposed motion to certify class for settlement
purposes and for preliminary approval of class action settlement.
1. The Court's preliminary approval order certified a
Settlement
Class of "all Blind or Visually Disabled persons who have
accessed, attempted to access, or been deterred from
attempting
to access, or who will access, attempt to access, or be
deterred from accessing iFIT's Digital Properties, which
include https://www.nordictrack.com/,
https://www.proform.com/,
https://freemotionfitness.com/, and https://www.ifit.com/]
from
the United States."
2. The Preliminary Approval Order directed the Parties to
notify
Settlement Class cmembers of the settlement within 21 days
("Notice Deadline").
3. The Preliminary Approval Order directed Defendant to create
a
settlement website and display a link to the settlement
website
at the top of its websites' homepages so that Blind and
Visually Disabled individuals would discover the link with a
screen reader.
4. The Preliminary Approval Order directed Plaintiff to contact
at
least eleven advocacy groups, including National Federation
of
the Blind ("NFB"), requesting the groups notify their
memberships of the settlement.
5. After receiving notice of the settlement, NFB contacted
Class
Counsel on December 6, 2023 regarding three concerns NFB had
about the Agreement. The Parties have agreed to resolve
NFB's
concerns in an Amended Class Settlement Agreement ("Amended
Agreement").
6. NFB's first concern related to the original settlement's use
of
the term "commercially reasonable" to define iFIT's
obligations
under the settlement.
IFIT develops, manufactures, and markets fitness equipment.
A copy of the Court's order dated Jan. 17, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=dtIhnJ at no extra
charge.[CC]
The Plaintiff is represented by:
Kevin W. Tucker, Esq.
Kevin J. Abramowicz, Esq.
Chandler Steiger, Esq.
Stephanie Moore, Esq.
EAST END TRIAL GROUP LLC
6901 Lynn Way, Suite 215
Pittsburgh, PA 15208
Telephone: (412) 877-5220
E-mail: ktucker@eastendtrialgroup.com
kabramowicz@eastendtrialgroup.com
csteiger@eastendtrialgroup.com
smoore@eastendtrialgroup.com
INCENSE WAREHOUSE: Wahab Files ADA Suit in S.D. New York
--------------------------------------------------------
A class action lawsuit has been filed against Incense Warehouse,
LLC. The case is styled as Angela Wahab, on behalf of herself and
all others similarly situated v. Incense Warehouse, LLC, Case No.
1:24-cv-00577 (S.D.N.Y., Jan. 26, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Incense Warehouse, LLC -- https://www.incensewarehouse.com/ --
offers the largest incense selection and incense accessories.[BN]
The Plaintiff is represented by:
Mark Rozenberg, Esq.
STEIN SAKS, PLLC
1 University Plaza, Ste. 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: mrozenberg@steinsakslegal.com
INSTRON INC: Warren Suit Removed to D. Massachusetts
----------------------------------------------------
The case captioned as Jason Warren, on behalf of himself and others
similarly situated v. INSTRON, INC., Case No. 2482CV00007 was
removed from the Massachusetts Superior Court, Norfolk County
Division, to the U.S. District Court for the District of
Massachusetts on Jan. 26, 2024, and assigned Case No.
1:24-cv-10213-IT.
On January 3, 2024, Plaintiff filed his Class Action Complaint
improperly naming "Instron Inc." as Defendant. As noted, Instron is
a division of Illinois Tool Works Inc. Plaintiff's Complaint
asserts claims for: negligence; negligence per se; breach of
fiduciary duty; and unjust enrichment in Massachusetts Superior
Court, Norfolk County Division.[BN]
The Defendants are represented by:
Michael T. Marcucci (BBO# 652186)
Jacob E. Morse (BBO# 719512)
JONES DAY
100 High Street, 21st Floor
Boston, MA 02110
Phone: (617) 960-3939
Email: mmarcucci@jonesday.com
jacobmorse@jonesday.com
INTEGRIS HEALTH: Appeals Remand Ruling in Personal Injury Suit
--------------------------------------------------------------
Integris Health, Inc. filed an appeal from the District Court's
Order dated November 16, 2023 entered in the lawsuit styled Doe v.
Integris Health, Inc., Case No. 5:23-CV-00728-HE, in the United
States District Court for the Western District of Oklahoma,
Oklahoma City.
As reported in the Class Action Reporter, the suit was removed from
the Oklahoma County District Court, to Western District of Oklahoma
on Aug. 16, 2023.
The underlying factual basis for Doe's Complaint is that Integris
Health allegedly violated Oklahoma law by embedding a third-party
source code -- called the Meta Pixel -- onto Integris Health's
publicly available websites, referred to in the Complaint as the
"Website" and "Online Platforms."
Doe further alleges that Integris Health violated Oklahoma law by
installing other tracking technology -- such as the Google Tag
Manager, Google Analytics, Microsoft Universal Event Tracking,
LinkedIn, Bidtellect, StackAdapt, Reddit Ads, MediaMath, Trade
Desk, and DoubleClick -- on its website.
On September 15, 2023, the Plaintiff filed a motion to remand the
case to state court which the Court granted on November 16, 2023
through an Order entered by Judge Joe Heaton.
The appellate case is captioned as Doe v. Integris Health, Inc.,
Case No. 23-6209, in the United States Court of Appeals for the
Tenth Circuit, filed on December 15, 2023.[BN]
Defendant-Appellant INTEGRIS HEALTH, INC. is represented by:
Andrew McAfee Bowman, Esq.
Larry Dean Ottaway, Esq.
FOLIART, HUFF, OTTAWAY & BOTTOM
201 Robert S. Kerr Avenue, 12th Floor
Oklahoma City, OK 73102
Telephone: (405) 232-4633
Plaintiff-Appellee JOHN DOE, Individually and on behalf of all
others similarly situated, is represented by:
Jason Bjorn Aamodt, Esq.
Matthew Dean Alison, Esq.
INDIAN AND ENVIRONMENTAL LAW GROUP
233 South Detroit Avenue, Suite 200
Tulsa, OK 74120
Telephone: (918) 347-6169
- and -
Mary Kate Dugan, Esq.
Lynn Toops, Esq.
COHEN & MALAD, LLP
One Indiana Square, Suite 1400
Indianapolis, IN 46204
Telephone: (317) 636-6481
- and -
Andrew E. Mize, Esq.
James Gerard Stranch, Esq.
STRANCH, JENNINGS & GARVEY
223 Rosa L Parks Avenue, Suite 200
Nashville, TN 37203
Telephone: (615) 254-8801
ISS FACILITY SERVICES: Carranza Sues Over Failure to Pay Wages
--------------------------------------------------------------
George Carranza, individually and on behalf of all other Aggrieved
Employees v. ISS FACILITY SERVICES CALIFORNIA, INC., a Delaware
Corporation; ISS FACILITY SERVICES, INC., a Delaware Corporation;
and DOES 1 through 50, inclusive, Case No. 24STCV01734 (Cal. Super.
Ct., Los Angeles Cty., Jan. 23, 2024), is brought pursuant to the
California Labor Code Private Attorneys General Act of 2004 as a
result of the Defendants failure to pay the Plaintiff minimum,
overtime and double time wage.
The Defendants failure to provide employment records; failure to
pay overtime and double time in, failure to provide rest and meal
periods; failure to pay minimum wage; failure to keep accurate
payroll records and provide itemized wage statements; failure to
pay reporting time wages; failure to pay split shift wages; failure
to pay all wages earned on time; failure to pay all wages earned
upon discharge or resignation; failure to reimburse necessary,
business-related expenses; failure to provide notice of paid sick
time and accrual; employers, and individuals acting on behalf of
employers, violating or causing to be violated a section of the
Labor Code or any Wage Order; all in violation of Labor Code and
the applicable Wage Orders, says the complaint.
The Plaintiff was hired by Defendants with the job title of
facility maintenance tech on December 1, 2017 until September 29,
2023.
The Defendants are a workplace experience and facility management
company, connecting people and places.[BN]
The Plaintiff is represented by:
Haig B. Kazandjian, Esq.
Raffi Tapanian, Esq.
HAIG B. KAZANDJIAN LAWYERS, APC
801 North Brand Boulevard, Suite 970
Glendale, CA 91203
Phone: 1-818-696-2306
Facsimile: 1-818-696-2307
Email: haig@hbklawyers.com
raffi@hbklawyers.com
ISTAFFING, INC: Lopez Suit Removed to C.D. California
-----------------------------------------------------
The case captioned as Guadalupe Lopez, individually, and on behalf
of all others similarly situated v. ISTAFFING, INC., a California
corporation; ISTAFFING PARTNERS, INC., a California corporation;
and DOES 1 through 10, inclusive, Case No. 23STCV31594 was removed
from the Superior Court of the State of California in and for the
County of Los Angeles, to the U.S. District Court for the Central
District of California on Jan. 26, 2024, and assigned Case No.
8:24-cv-00183.
This action involves employment-related claims which are subject to
the Federal Arbitration Act pursuant to a written arbitration
agreement entered into between plaintiff and iStaffing, Inc.[BN]
The Defendants are represented by:
J. Scott Souders, Esq.
Kathleen Moore, Esq.
J. SCOTT SOUDERS, P.C.
881 Dover Drive, Suite 390
Newport Beach, CA 92663
Phone: (949) 718-3574
Email: scott@scottsouders.com
kathy@scottsouders.com
JJ PROPERTY: Figueroa Sues Over Janitors' Unpaid Wages
------------------------------------------------------
JOSE FIGUEROA, on behalf of himself and all others similarly
situated, and the general public, and as an "Aggrieved Employee" on
behalf of other "Aggrieved Employees" under the Private Attorneys
General Act of 2004, Plaintiff v. JJ PROPERTY MAINTENANCE NETWORK,
INC., a California corporation; and DOES 1 to 25, inclusive,
Defendants, Case No. 24STCV01057 (Cal. Super., Los Angeles Cty.,
Jan. 16, 2024) arises from the Defendants' alleged unlawful labor
practices and policies in violation of the California Labor Code
and the California Business & Professions Code.
The Plaintiff alleges that Defendants are liable to him and other
similarly situated workers for unpaid wages, statutory penalties,
interest, and related relief. These claims are based on Defendants'
failures to: (a) pay all wages, including minimum, regular,
overtime and double-time wages, earned for all hours worked at the
correct rates of pay; (b) provide all meal periods; (c) authorize
and permit all rest breaks; (d) pay premium wages for unprovided
meal periods; (e) pay premium wages for unprovided rest breaks; (f)
indemnify for necessary work-related expenditures; (g) issue only
accurate and complete itemized wage statements; (h) issue
statements of sick leave available; and (i) timely pay wages during
and upon termination of employment.
The Plaintiff was employed by the Defendants in February of 2023 to
work as a janitor. His employment ended on June 14, 2023.
JJ Property Maintenance Network, Inc. provides janitorial services
with its principal place of business in Pasadena, California.[BN]
The Plaintiff is represented by:
Maralle Messrelian, Esq.
MM LAW, APC
500 N. Central Ave., Ste 840
Glendale, CA 91203
Telephone: (818) 810-7747
Facsimile: (818) 230-9018
E-mail: maralle@mmlawapc.com
JOHNSON & JOHNSON: Gonick Files Mislabeling Suit Over T/Sal Shampoo
-------------------------------------------------------------------
MELISSA GONICK, individually and on behalf of all others similarly
situated, Plaintiff v. JOHNSON & JOHNSON CONSUMER INC., Defendant,
Case No. 1:24-cv-00312-VMS (E.D.N.Y., Jan. 16, 2024) is a class
action on behalf of the Plaintiff and similarly situated purchasers
of Defendant's Neutrogena T/Sal Therapeutic Shampoo that claims to
be "Preservative-Free."
According to the complaint, the said representation is false and/or
misleading because the products contain citric acid, a well-known
preservative commonly used in hair products. The Defendant's
"Preservative-Free" representation is featured on the products'
labeling in order to induce health-conscious consumers to purchase
hair care products that are free from preservatives. The Defendant
markets its products in a systematically misleading manner by
misrepresenting that the products do not contain preservatives,
says the suit.
The Plaintiff therefore asserts claims on behalf of herself and
similarly situated purchasers for violation of New York General
Business Law, breach of express warranty, and unjust enrichment.
Johnson & Johnson Consumer Inc. engages in the research and
development of products.[BN]
The Plaintiff is represented by:
Alec Leslie, Esq.
Julian C. Diamond, 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: aleslie@bursor.com
jdiamond@bursor.com
- and -
Nick Suciu, III, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
6905 Telegraph Rd., Suite 115
Bloomfield Hills, MI 48301
Telephone: (313) 303-3472
E-mail: nsuciu@milberg.com
- and -
Erin J. Ruben, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC
900 W. Morgan Street
Raleigh, NC 27603
Telephone: (919) 600-5000
E-mail: eruben@milberg.com
- and -
J. Hunter Bryson, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
405 E 50th Street
New York, NY 10022
Telephone: (630) 796-0903
E-mail: hbryson@milberg.com
KAREN LAZAR DESIGN: Wahab Files ADA Suit in S.D. New York
---------------------------------------------------------
A class action lawsuit has been filed against Karen Lazar Design,
Inc. The case is styled as Angela Wahab, on behalf of herself and
all others similarly situated v. Karen Lazar Design, Inc., Case No.
1:24-cv-00584 (S.D.N.Y., Jan. 26, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Karen Lazar Design -- https://karenlazardesign.com/ -- is the home
of The Original 14k Gold Filled Beaded Bracelets.[BN]
The Plaintiff is represented by:
Mark Rozenberg, Esq.
STEIN SAKS, PLLC
1 University Plaza, Ste. 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: mrozenberg@steinsakslegal.com
KASPER ELECTRICAL: Bagnell Files Suit in S.D. Florida
-----------------------------------------------------
A class action lawsuit has been filed against Kasper Electrical,
Inc. The case is styled as Dominque Bagnell, individually and on
behalf of all others similarly situated v. Kasper Electrical, Inc.,
Case No. 9:24-cv-80104-RLR (S.D. Fla., Jan. 26, 2024).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Kasper Electrical -- https://www.kasperelectricinc.com/ -- provide
comprehensive on shore marine installations and repairs.[BN]
The Plaintiff is represented by:
Manuel Santiago Hiraldo, Esq.
HIRALDO PA
401 E Las Olas Blvd., Ste. 1400
Ft Lauderdale, FL 33301
Phone: (954) 400-4713
Email: mhiraldo@hiraldolaw.com
- and -
Michael Eisenband, Esq.
EISENBAND LAW, P.A.
515 E Las Olas Blvd., Suite 120
Fort Lauderdale, FL 33301
Phone: (954) 533-4092
Email: meisenband@Eisenbandlaw.com
KIMBERLY-CLARK CORP: Rosenwald Appeals Suit Dismissal to 9th Cir.
-----------------------------------------------------------------
JUDAH ROSENWALD, et al. are taking an appeal from a court order
dismissing their lawsuit entitled Judah Rosenwald, et al., on
behalf of themselves and all others similarly situated, Plaintiffs,
v. Kimberly-Clark Corporation, Defendant, Case No.
3:22-cv-04993-LB, in the U.S. District Court for the Northern
District of California.
The case arises from the Defendant's false, deceptive, and
misleading advertising, labeling, and marketing of its Kleenex wet
wipes germ removal products.
On Feb. 22, 2023, the Defendant filed a motion to dismiss the
Plaintiffs' amended class action complaint, which the Court granted
through an Order entered by Judge Laurel Beeler on Aug. 14, 2023.
On Sept. 11, 2023, the Plaintiffs filed a second amended complaint,
which the Defendant moved to dismiss on Oct. 13, 2023.
On Dec. 21, 2023, Judge Beeler granted the Defendant's motion to
dismiss the second amended complaint.
The appellate case is captioned Rosenwald, et al. v. Kimberly-Clark
Corporation, Case No. 24-299, in the United States Court of Appeals
for the Ninth Circuit, filed on January 18, 2024. [BN]
Defendant-Appellee KIMBERLY-CLARK CORPORATION is represented by:
Timothy William Loose, Esq.
GIBSON, DUNN & CRUTCHER, LLP
333 S. Grand Avenue
Los Angeles, CA 90071
KITSCH LLC: Faces Wurm Suit Over Unsolicited Text Messages
----------------------------------------------------------
CHARMING WURM, individually and on behalf of all others similarly
situated, Plaintiff v. KITSCH, LLC, Defendant, Case No.
CACE-24-000616 (Fla. Cir., 17th Judicial, Broward Cty., Jan. 16,
2024) is an action for injunctive and declaratory relief, and
damages for violations of the Caller ID Rules of the Florida
Telephone Solicitation Act.
The Plaintiff brings this action alleging that Defendant violated
the FTSA's Caller ID Rules by transmitting a phone number that was
not configured for two-way communication when it made telephonic
sales calls by text message.
Kitsch, LLC is a manufacturer of elastic hair ties and
headbands.[BN]
The Plaintiff is represented by:
Joshua A. Glickman, Esq.
Shawn A. Heller, Esq.
SOCIAL JUSTICE LAW COLLECTIVE, PL
974 Howard Ave.
Dunedin, FL 34698
Telephone: (202) 709-5744
Facsimile: (866) 893-0416
E-mail: josh@sjlawcollective.com
shawn@sjlawcollective.com
KRAVE IT ASTORIA: Martinez Files ADA Suit in E.D. New York
----------------------------------------------------------
A class action lawsuit has been filed against Krave It Astoria,
Inc. The case is styled as Silvia Martinez, on behalf of herself
and all others similarly situated v. Krave It Astoria, Inc., Case
No. 1:24-cv-00578 (E.D.N.Y., Jan. 26, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Krave It Pizza & Sandwich Joint -- https://www.kraveitny.com/ --
has become a neighborhood favorite, offering a delectable selection
of pizzas and sandwiches.[BN]
The Plaintiff is represented by:
Mark Rozenberg, Esq.
STEIN SAKS, PLLC
1 University Plaza, Ste. 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: mrozenberg@steinsakslegal.com
KYURAMEN LLC: Martinez Files ADA Suit in E.D. New York
------------------------------------------------------
A class action lawsuit has been filed against Kyuramen, LLC. The
case is styled as Silvia Martinez, on behalf of herself and all
others similarly situated v. Kyuramen, LLC, Case No. 1:24-cv-00579
(E.D.N.Y., Jan. 26, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
KYURA MEN -- https://www.kyuramen.com/ -- studied and absobed the
essence of the Japanese ramen, to create the most unique and rich
Ramen dish.[BN]
The Plaintiff is represented by:
Mark Rozenberg, Esq.
STEIN SAKS, PLLC
1 University Plaza, Ste. 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: mrozenberg@steinsakslegal.com
LE GENERAL: Quintero Sues Over Unpaid Minimum, Overtime Wages
-------------------------------------------------------------
Maidy Quintero, Laura Andrea Jimenez, Angelica Yesenia Del Pila
Gonzalez, and Fabian Triana Nieves, on behalf of themselves and
others similarly situated v. LE GENERAL SERVICES, INC., NATIONAL
GENERAL SERVICES CORP., EXCEL CLEANING NY LLC, and WHITSON'S FOOD
SERVICE CORP. dba WHITSON'S CULINARY GROUP, and ANGEL F. CARDENAS
and VICTOR FERNANDEZ, individually, Case No. 2:24-cv-00451
(E.D.N.Y., Jan. 22, 2024), is brought pursuant to the Fair Labor
Standards Act ("FLSA") and the New York Labor Law ("NYLL"), they
are entitled to recover from the Defendants: unpaid wages, minimum
wages, and overtime compensation; liquidated damages; prejudgment
and post-judgment interest; and attorneys' fees and costs.
The Plaintiffs and others similarly situated, were paid twice per
month, and they were not paid an overtime premium, as required by
Federal and State law. The Plaintiffs were not provided with true
and accurate wage statements, detailing their worked, hourly rate
of pay, the basis for their compensation, itemizing any
withholdings, and setting forth their net pay. The Plaintiffs were
not given any kind of or wage statement with their compensation.
The Plaintiffs were not tipped workers. The Defendants knowingly
and willfully operated their business with a policy of not paying
the FLSA overtime rate (of time and one-half) or the New York State
minimum wage or overtime rate (of time and one-halt) to Plaintiffs
for work performed over 40 hours in a workweek, says the
complaint.
The Plaintiffs were employees of "Whitson's Culinary Group".
Le General Services, Inc., was and is a domestic business entity
organized and existing under the laws of the State of New
York.[BN]
The Plaintiff is represented by:
Justin Cilenti, Esq.
Peter Hans Cooper, Esq.
CILENTI & COOPER, PLLC
60 East 42nd Street - 40th Floor
New York, NY 10165
Phone: (212) 209-3933
Fax: (212) 209-7102
Email: pcooper@jcpclaw.com
LIBERTY LIFT SOLUTIONS: Bello Files Suit in Cal. Super. Ct.
-----------------------------------------------------------
A class action lawsuit has been filed against Liberty Lift
Solutions, LLC. The case is styled as Jesus Bello, on behalf of
others similarly situated v. Liberty Lift Solutions, LLC, Case No.
BCV-24-100264 (Cal. Super. Ct., Kern Cty., Jan. 25, 2024).
The case type is stated as "Other Employment - Civil Unlimited."
Liberty Lift Solutions, LLC -- https://libertylift.com/ -- is a
full service pumping unit company based in Houston, Texas.[BN]
The Plaintiff is represented by:
David Lucas Clapp, Esq.
PROTECTION LAW GROUP
237 California St.
El Segundo, CA 90245-4310
Phone: 424-290-3095
Email: luke@protectionlawgroup.com
LOAN DEPOT: Ware Files TCPA Suit in C.D. California
---------------------------------------------------
A class action lawsuit has been filed against Loan Depot, LLC, et
al. The case is styled as David Ware, individually, and on behalf
of all others similarly situated v. Loan Depot, LLC, John Does
1-10, Case No. 8:24-cv-00179-DOC-JDE (C.D. Cal., Jan. 25, 2024).
The nature of suit is stated as Other Contract.
LoanDepot -- https://www.loandepot.com/ -- sometimes stylized as
loanDepot, is an Irvine, California-based nonbank holding company
which sells mortgage and non-mortgage lending products.[BN]
The Plaintiff is represented by:
Stephen R. Basser, Esq.
Samuel M. Ward, Esq.
BARRACK RODOS AND BACINE
One America Plaza
600 West Broadway Suite 900
San Diego, CA 92101
Phone: (619) 230-0800
Fax: (619) 230-1874
Email: sbasser@barrack.com
sward@barrack.com
LUCID AUTOGLASS: Bird Files TCPA Suit in D. Arizona
---------------------------------------------------
A class action lawsuit has been filed against Lucid Autoglass and
RV LLC. The case is styled as Daniel Bird, individually and on
behalf of a class of all persons and entities similarly situated v.
Lucid Autoglass and RV LLC, Case No. 2:24-cv-00177-SPL (D. Ariz.,
Jan. 25, 2024).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Lucid Auto Glass & RV -- https://lucidautoglassandrv.com/ --
specializes in windshield replacements.[BN]
The Plaintiff is represented by:
Anthony Paronich, Esq.
PARONICH LAW, P.C.
350 Lincoln St., Suite 2400
Hingham, MA 02043
Phone: (615) 485-0018
Email: anthony@paronichlaw.com
MARINE FLORISTS: Martin Files ADA Suit in E.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against Marine Florists, Inc.
The case is styled as Damian Martin, on behalf of himself and all
others similarly situated v. Marine Florists, Inc., Case No.
1:24-cv-00586 (E.D.N.Y., Jan. 26, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Marine Florists, Inc. -- https://www.marineflorists.com/ -- is a
family-run mainstay offering bouquets for weddings & occasions,
plants & gift baskets.[BN]
The Plaintiff is represented by:
PeterPaul Elhamy Shaker, Esq.
STEIN SAKS, PLLC
1 University Plaza, Ste. 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: pshaker@steinsakslegal.com
MARTHA BEJAR: Kogut Files Suit in Del. Chancery Ct.
---------------------------------------------------
A class action lawsuit has been filed against Martha Bejar, et al.
The case is styled as JON KOGUT, on behalf of himself and all other
similarly situated stockholders of SPORTSMAN'S WAREHOUSE HOLDINGS,
INC. v. MARTHA BEJAR, PHILIP C. WILLIAMSON, ERICA FORTUNE, GREGORY
P. HICKEY, RICHARD MCBEE, JOSEPH P. SCHNEIDER, NANCY A. WALSH, and
SPORTSMAN'S WAREHOUSE HOLDINGS, INC., Case No. 2024-0055-MTZ (Del.
Chancery Ct., Jan. 22, 2024).
The case type is stated as "Breach of Fiduciary Duties."
Sportsman's Warehouse is an outdoor sporting goods retailer.[BN]
The Plaintiff is represented by:
Kimberly A. Evans, Esq.
Lindsay K. Faccenda, Esq.
Robert Erikson, Esq.
BLOCK & LEVITON LLP
3801 Kennett Pike, Suite C-305
Wilmington, DE 19807
Phone: (302) 499-3600
Email: kim@blockleviton.com
lindsay@blockleviton.com
robby@blockleviton.com
- and -
Jason Leviton, Esq.
BLOCK & LEVITON LLP
260 Franklin Street, Suite 1860
Boston, MA 02110
Phone: (617) 398-5600
- and -
Abbott Cooper, Esq.
ABBOTT COOPER PLLC
1266 East Main Street, Suite 700R
Stamford, CT 06902
- and -
D. Seamus Kaskela, Esq.
Adrienne Bell, Esq.
KASKELA LAW LLC
18 Campus Boulevard, Suite 100
Newtown Square, PA 19073
Phone: (888) 715-1740
MDL 2704: Class Cert Deadlines Stayed in Philadelphia v. BoA
------------------------------------------------------------
In the class action lawsuit captioned as The City of Philadelphia
v. Bank of America Corporation et al., Case No. 1:16-cv-04563
(S.D.N.Y.), the Hon. Judge J. Paul Oetken entered an order that
"all the deadlines are stayed until 30 days after the Second
Circuit decides class plaintiffs' Rule 23(f) petition," following
the Jan. 10, 2024 telephone conference.
The deadlines in the scheduling order related to expert discovery
that are currently defined in relation to this Court's decision on
class certification will now be calculated from (a) the Second
Circuit's decision on Class Plaintiffs' Rule 23(f) petition, or (b)
April 13, 2024, whichever is later.
In other words, all expert discovery shall be completed no later
than 8.5 months from the Second Circuit's decision on Class
Plaintiffs'
Rule 23(f) petition to permit an immediate appeal, or eight and
one-half (8.5) months from April 13, 2024, whichever is later; and
Plaintiffs shall serve expert reports on Defendants no later than
60 days from the Second Circuit's decision on Class Plaintiffs'
Rule 23(f) petition, or 60 days from April 13, 2024, whichever is
later. This Order supersedes the minute entry for the January 10,
2024 telephone conference.
The Philadelphia County suit is consolidated in MDL 2704, Interest
Rate Swaps Antitrust Litigation. The plaintiffs allege that the
Defendants conspire to engineer and maintain a collusive and
anti-competitive stranglehold over the interest rate swaps (IRS)
market.
Bank of America is an American multinational investment bank and
financial services holding company.
A copy of the Court's order dated Jan. 12, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=EX2NVZ at no extra
charge.[CC]
MDL 2704: Class Cert Deadlines Stayed in PSTP v. BoA
----------------------------------------------------
In the class action lawsuit captioned as PUBLIC SCHOOL TEACHERS'
PENSION AND RETIREMENT FUND OF CHICAGO v. Bank Of America
Corporation et al., Case No. 1:15-cv-09319 (S.D.N.Y.), the Hon.
Judge J. Paul Oetken entered an order that "all the deadlines are
stayed until 30 days after the Second Circuit decides class
plaintiffs' Rule 23(f) petition," following the Jan. 10, 2024
telephone conference.
The deadlines in the scheduling order related to expert discovery
that are currently defined in relation to this Court's decision on
class certification will now be calculated from (a) the Second
Circuit's decision on Class Plaintiffs' Rule 23(f) petition, or (b)
April 13, 2024, whichever is later.
In other words, all expert discovery shall be completed no later
than 8.5 months from the Second Circuit's decision on Class
Plaintiffs'
Rule 23(f) petition to permit an immediate appeal, or eight and
one-half (8.5) months from April 13, 2024, whichever is later; and
Plaintiffs shall serve expert reports on Defendants no later than
60 days from the Second Circuit's decision on Class Plaintiffs'
Rule 23(f) petition, or 60 days from April 13, 2024, whichever is
later. This Order supersedes the minute entry for the January 10,
2024 telephone conference.
The Public School Teachers suit is consolidated in MDL 2704,
Interest Rate Swaps Antitrust Litigation. The plaintiffs allege
that the Defendants conspire to engineer and maintain a collusive
and anti-competitive stranglehold over the interest rate swaps
(IRS) market.
Bank of America is an American multinational investment bank and
financial services holding company.
A copy of the Court's order dated Jan. 12, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=SgSE6Y at no extra
charge.[CC]
MDL 2704: Class Cert Deadlines Stayed in Tera v. Bank of America
----------------------------------------------------------------
In the class action lawsuit captioned as Tera Group, Inc. et al v.
Bank of America Corporation, et al., Case No. 1:16-cv-02858
(S.D.N.Y.), the Hon. Judge J. Paul Oetken entered an order that
"all the deadlines are stayed until 30 days after the Second
Circuit decides class plaintiffs' Rule 23(f) petition," following
the Jan. 10, 2024 telephone conference.
The deadlines in the scheduling order related to expert discovery
that are currently defined in relation to this Court's decision on
class certification will now be calculated from (a) the Second
Circuit's decision on Class Plaintiffs' Rule 23(f) petition, or (b)
April 13, 2024, whichever is later.
In other words, all expert discovery shall be completed no later
than 8.5 months from the Second Circuit's decision on Class
Plaintiffs'
Rule 23(f) petition to permit an immediate appeal, or eight and
one-half (8.5) months from April 13, 2024, whichever is later; and
Plaintiffs shall serve expert reports on Defendants no later than
60 days from the Second Circuit's decision on Class Plaintiffs'
Rule 23(f) petition, or 60 days from April 13, 2024, whichever is
later. This Order supersedes the minute entry for the January 10,
2024 telephone conference.
The Tera suit is consolidated in MDL 2704, Interest Rate Swaps
Antitrust Litigation. The plaintiffs allege that the Defendants
conspire to engineer and maintain a collusive and anti-competitive
stranglehold over the interest rate swaps (IRS) market.
Bank of America is an American multinational investment bank and
financial services holding company.
A copy of the Court's order dated Jan. 12, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=vsCuOj at no extra
charge.[CC]
MDL 2704: Class Cert Deadlines Stayed in Triangle T v. BoA
----------------------------------------------------------
In the class action lawsuit captioned as Triangle T Partners, LLC
v. Bank of America Corporation, et al., Case No. 1:16-CV-05260
(S.D.N.Y.), the Hon. Judge J. Paul Oetken entered an order that
"all the deadlines are stayed until 30 days after the Second
Circuit decides class plaintiffs' Rule 23(f) petition," following
the Jan. 10, 2024 telephone conference.
The deadlines in the scheduling order related to expert discovery
that are currently defined in relation to this Court's decision on
class certification will now be calculated from (a) the Second
Circuit's decision on Class Plaintiffs' Rule 23(f) petition, or (b)
April 13, 2024, whichever is later.
In other words, all expert discovery shall be completed no later
than 8.5 months from the Second Circuit's decision on Class
Plaintiffs'
Rule 23(f) petition to permit an immediate appeal, or eight and
one-half (8.5) months from April 13, 2024, whichever is later; and
Plaintiffs shall serve expert reports on Defendants no later than
60 days from the Second Circuit's decision on Class Plaintiffs'
Rule 23(f) petition, or 60 days from April 13, 2024, whichever is
later. This Order supersedes the minute entry for the January 10,
2024 telephone conference.
The Triangle T suit is consolidated in MDL 2704, Interest Rate
Swaps Antitrust Litigation. The plaintiffs allege that the
Defendants conspire to engineer and maintain a collusive and
anti-competitive stranglehold over the interest rate swaps (IRS)
market.
Bank of America is an American multinational investment bank and
financial services holding company.
A copy of the Court's order dated Jan. 12, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=FIqrJv at no extra
charge.[CC]
MDL 2704: Class Cert Deadlines Stayed in TrueEX LLC v. BoA
----------------------------------------------------------
In the class action lawsuit captioned as trueEX LLC v. Bank Of
America Corporation, et al., Case No. 1:18-cv-05361 (SDNY), the
Hon. Judge J. Paul Oetken entered an order that "all the deadlines
are stayed until 30 days after the Second Circuit decides class
plaintiffs' Rule 23(f) petition," following the Jan. 10, 2024
telephone conference.
The deadlines in the scheduling order related to expert discovery
that are currently defined in relation to this Court's decision on
class certification will now be calculated from (a) the Second
Circuit's decision on Class Plaintiffs' Rule 23(f) petition, or (b)
April 13, 2024, whichever is later.
In other words, all expert discovery shall be completed no later
than 8.5 months from the Second Circuit's decision on Class
Plaintiffs'
Rule 23(f) petition to permit an immediate appeal, or eight and
one-half (8.5) months from April 13, 2024, whichever is later; and
Plaintiffs shall serve expert reports on Defendants no later than
60 days from the Second Circuit's decision on Class Plaintiffs'
Rule 23(f) petition, or 60 days from April 13, 2024, whichever is
later. This Order supersedes the minute entry for the January 10,
2024 telephone conference.
The suit is consolidated in MDL 2704, Interest Rate Swaps Antitrust
Litigation. The plaintiffs allege that the Defendants conspire to
engineer and maintain a collusive and anti-competitive stranglehold
over the interest rate swaps (IRS) market.
Bank of America is an American multinational investment bank and
financial services holding company.
A copy of the Court's order dated Jan. 12, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=gHMoIl at no extra
charge.[CC]
MELTING POT RESTAURANTS: Colak Files ADA Suit in E.D. New York
--------------------------------------------------------------
A class action lawsuit has been filed against The Melting Pot
Restaurants, Inc. The case is styled as Ali Colak, on behalf of
himself and all others similarly situated v. The Melting Pot
Restaurants, Inc., Case No. 2:24-cv-00602 (E.D.N.Y., Jan. 26,
2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
The Melting Pot -- https://www.meltingpot.com/ -- is a chain of
franchised fondue restaurants in the United States and Canada.[BN]
The Plaintiff is represented by:
PeterPaul Elhamy Shaker, Esq.
STEIN SAKS, PLLC
1 University Plaza, Ste. 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: pshaker@steinsakslegal.com
MIDFIRST BANK: Dudurkaew Suit Transferred to D. Massachusetts
-------------------------------------------------------------
The case captioned as Petimat Dudurkaew; Chris Rubenstein; Scott
Linman, Sherry Linman, on behalf of his minor child L.L.,
individually and on behalf of all others similarly situated v.
MidFirst Bank, Midland Financial Co., Case No. 5:23-cv-00817 was
transferred from the U.S. District Court for the Western District
of Oklahoma, to the U.S. District Court for the District of
Massachusetts on Jan. 24, 2024.
The District Court Clerk assigned Case No. 1:24-cv-10186-ADB to the
proceeding.
The nature of suit is stated as Banks and Banking.
MidFirst Bank -- https://www.midfirst.com/ -- is a privately held
financial institution based in Oklahoma City, Oklahoma.[BN]
The Plaintiff is represented by:
Terry F Stokes, Esq.
RUBENSTEIN & PITTS PLLC
1503 E 19th St
Edmond, OK 73013
Phone: (405) 340-1900
Fax: (405) 340-1001
Email: tstokes@oklawpartners.com
- and -
William B. Federman, Esq.
FEDERMAN & SHERWOOD
10205 N. Pennsylvania Avenue
Oklahoma City, OK 73120
Phone: (405) 235-1560
Email: wbf@federmanlaw.com
The Defendants are represented by:
Anthony J Hendricks, Esq.
Timila S Rother, Esq.
William H Hoch, III, Esq.
CROWE & DUNLEVY-OKC
Braniff Building
324 N Robinson Ave., Suite 100
Oklahoma City, OK 73102
Phone: (405) 239-5411
Fax: (405) 272-5932
Email: anthony.hendricks@crowedunlevy.com
timila.rother@crowedunlevy.com
will.hoch@crowedunlevy.com
- and -
Jason K. Fagelman, Esq.
NORTON ROSE FULBRIGHT US LLP
2200 Ross Avenue, Suite 3600
Dallas, TX 75201
Phone: (214) 855-8120
Email: jason.fagelman@nortonrosefulbright.com
MIDLAND FINANCIAL: Linman Suit Transferred to D. Massachusetts
--------------------------------------------------------------
The case captioned as Scott Linman, on behalf of his minor child,
L.L., and on behalf of all others similarly situated v. Midland
Financial Co., Case No. 5:23-cv-00955 was transferred from the U.S.
District Court for the Western District of Oklahoma, to the U.S.
District Court for the District of Massachusetts on Nov. 20, 2023.
The District Court Clerk assigned Case No. 1:24-cv-10188-ADB to the
proceeding.
The nature of suit is stated as Banks and Banking for Account
Receivable.
Midland Financial -- https://www.midlandfinancial.net/ -- is a
full-service independent financial planning and investment
management company based in Rogers, Arkansas.[BN]
The Plaintiff is represented by:
Jessica A. Wilkes, Esq.
William B. Federman, Esq.
FEDERMAN & SHERWOOD
10205 N. Pennsylvania Ave.
Oklahoma City, Oklahoma 73120
Phone: (405) 235-1560
Fax: (405) 239-2112
Email: jaw@federmanlaw.com
wbf@federmanlaw.com
- and -
M. Anderson Berry, Esq.
CLAYEO C. ARNOLD, A PROFESSIONAL CORPORATION
865 Howe Ave.
Sacramento, CA 95825
Phone: (916) 777-7777
Email: lori@justice4you.com
The Defendant is represented by:
Timila S Rother, Esq.
William H Hoch, Esq.
Anthony Hendricks, Esq.
CROWE & DUNLEVY, PC
Braniff Building
324 N. Robinson Ave., Suite 100
Oklahoma City, OK 73102
Phone: (405) 235-7700
Facsimile: (405) 239-6651
Email: timila.rother@crowedunlevy.com
will.hoch@crowedunlevy.com
anthony.hendricks@crowedunlevy.com
- and –
Jason Fagelman, Esq.
NORTON ROSE FULBRIGHT US LLP
2200 Ross Avenue, Suite 3600
Dallas, TX 75201
Phone: (214) 855-8120
Email: jason.fagelman@nortonrosefulbright.com
MIDLAND FINANCIAL: Rubenstein Suit Transferred to D. Massachusetts
------------------------------------------------------------------
The case styled as Chris Rubenstein, individually and on behalf of
all others similarly situated v. Midland Financial Co., Ipswitch
Inc., Progress Software Corporation, Case No. 5:23-cv-00954 was
transferred from the U.S. District Court for the Western District
of Oklahoma, to the U.S. District Court for the District of
Massachusetts on Jan. 24, 2024.
The District Court Clerk assigned Case No. 1:24-cv-10187-ADB to the
proceeding.
The nature of suit is stated as Other Personal Property for
Property Damage.
Midland Financial -- https://www.midlandfinancial.net/ -- is a
full-service independent financial planning and investment
management company based in Rogers, Arkansas.[BN]
The Plaintiffs are represented by:
Jessica A Wilkes, Esq.
William B. Federman, Esq.
FEDERMAN & SHERWOOD
10205 N. Pennsylvania Ave.
Oklahoma City
Phone: (405) 235-1560
Email: jaw@federmanlaw.com
wbf@federmanlaw.com
The Defendant is represented by:
Anthony J. Hendricks, Esq.
Timila S. Rother, Esq.
William H. Hoch, III, Esq.
CROWE & DUNLEVY-OKC
Braniff Building
324 N Robinson Ave., Suite 100
Oklahoma City, OK 73102
Phone: (405) 239-5411
Fax: (405) 272-5932
Email: Anthony.Hendricks@crowedunlevy.com
timila.rother@crowedunlevy.com
will.hoch@crowedunlevy.com
- and -
Amy Sherry Fischer, Esq.
Larry D Ottaway, Esq.
FOLIART HUFF OTTAWAY & BOTTOM
201 Robert S. Kerr Ave., 12th Fl.
Oklahoma City, OK 73102
Phone: (405) 232-4633
Fax: (405) 232-3462
Email: amyfischer@oklahomacounsel.com
larryottaway@oklahomacounsel.com
MISS KITTY'S: Jones Seeks Class Certification in Labor Suit
-----------------------------------------------------------
In the class action lawsuit captioned as ISIS JONES On Behalf of
Herself and All Other Similarly Situated Individuals, v. MISS
KITTY'S, INC., Case No. 3:23-cv-01327-MAB (S.D. Ill.), the
Plaintiff asks the Court to enter an order:
1. Certifying the Plaintiff's proposed Class for class-wide
prosecution of Illinois Minimum Wage Law (IMWL) claims to
include Plaintiff and each Class Member that worked or
performed
as an exotic dancer for, at, or in Defendant's Club during
the
period April 2020, through the final date of judgment in this
case ("the IMWL Class");
2. Certifying the Plaintiff's proposed Class for class wide
prosecution of Illinois Wage Payment Collection Act (IWPCA)
claims to include Plaintiff and each Class Member that worked
or
performed as an exotic dancer for, at, or in Defendant's Club
during the period April 2013, through the final date of
judgment
in this case ("the IWPCA Class");
3. Appointing Plaintiff as the Class Representative for and on
behalf of the IMWL Class and the IWPCA Class; and
4. Appointing Gregg C. Greenberg, Esq. and Athena Herman, Esq.
as
Class Counsel for and on behalf of the IMWL Class and the
IWPCA
Class.
A copy of the Plaintiff's motion dated Jan. 12, 2024 is available
from PacerMonitor.com at https://bit.ly/3Om9Prb at no extra
charge.[CC]
The Plaintiff is represented by:
Athena M. Herman, Esq.
ATHENA HERMAN LAW, LLC
416 Main St, Suite 811
Peoria, IL 61602
Telephone: (309) 966-0248
E-mail: athena@athenahermanlaw.com
- and -
Gregg C. Greenberg, Esq.
ZIPIN, AMSTER & GREENBERG, LLC
8757 Georgia Avenue, Suite 400
Silver Spring, MD 20910
Telephone: (301) 587-9373
Facsimile: (240) 839-9142
E-mail: ggreenberg@zagfirm.com
MONDELEZ INTERNATIONAL: Class Cert Bids in Wallenstein Due May 24
-----------------------------------------------------------------
In the class action lawsuit captioned as DAVID WALLENSTEIN,
individually and on behalf of all others similarly situated, v.
MONDELEZ INTERNATIONAL, INC., a Virginia corporation, MONDELEZ
GLOBAL, LLC, a Delaware limited liability company, AND NABISCO,
INC., a New Jersey corporation, Case No. 3:22-cv-06033-VC (N.D.
Cal.), the Parties ask the Court granting the following proposed
modifications to the Stipulated Scheduling Order, which continue
each deadline by approximately 120 days:
Class Certification Motions and Class May 24, 2024
Certification Expert Disclosures
Oppositions to Motions for Class July 12, 2024
Certification and Rebuttal Expert
Disclosures
Replies to Motions for Class Certification; Aug. 9, 2024
Class Certification Expert Rebuttals
Class Certification Hearing Sept. 12, 2024
Close of Fact and Expert Discovery Oct. 25, 2024
Last Day to Hear Dispositive Motions Dec. 19, 2024
Pre-Trial Conference Feb. 25, 2025,
10:00
a.m. in person
Trial March 11, 2025,
10:00
a.m. in person
Mondelez is an American multinational confectionery, food, holding,
beverage and snack food company.
A copy of the Parties dated Jan. 12, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=TpZRea at no extra
charge.[CC]
The Plaintiffs are represented by:
Dave Fox, Esq.
Joanna Fox, Esq.
Courtney Vasquez, Esq.
FOX LAW, APC
201 Lomas Santa Fe Drive, Suite 420
Solana Beach, CA 92075
Telephone: (858) 256-7616
Facsimile: (858) 256-7618
E-mail: Dave@FoxLawAPC.com
Joanna@FoxLawAPC.com
Courtney@FoxLawAPC.com
The Defendants are represented by:
Mark C. Goodman, Esq.
Nancy Sims, Esq.
BAKER & McKENZIE LLP
Two Embarcadero Center, 11th Floor
San Francisco, CA 94111
Telephone: (415) 576-3000
Facsimile: (415) 576-3099
E-mail: mark.goodman@bakermckenzie.com
nancy.sims@bakermckenzie.com
MOTTS LLP: Willis-Albrigo Sues Over Deceptive Advertising
---------------------------------------------------------
Laura Willis-Albrigo and Tiffany Taylor on behalf of themselves and
all others similarly situated v. MOTTS, LLP and KEURIG DR. PEPPER
INC., Case No. 3:24-cv-00148-GPC-AHG (S.D. Cal., Jan. 23, 2024), is
brought seeking redress for the Defendants' deceptive practices
associated with the advertising, labeling, and sale of Mr. & Mrs. T
Original Bloody Mary Mix ("Mix" or "Product") in violation of
California's Business and Professions Code.
Despite unequivocally and boldly claiming that the Product contains
"No Added Preservatives," the ingredient deck reveals the inclusion
of preservative citric acid, rendering the statement false,
misleading, and in violation of the law.
The Defendants know that consumers are willing to pay more for
beverages that are labeled as preservative free because they
perceive it to be a healthier alternative to similar products that
contain preservatives. Indeed, Defendants advertise the Products
with the intention that consumers rely on the representation made
on the packaging that the Products have "No Added Preservatives."
Reasonable consumers such as Plaintiffs do not have specialized
knowledge necessary to identify ingredients in the Products as
being inconsistent with Defendants' advertised claim of "No Added
Preservatives." By falsely labeling the Products as having "No
Added Preservatives," Defendants have profited from consumers'
preference for products that are perceived to be healthier by being
preservative free.
Throughout the applicable class periods, Defendants have falsely
represented the true nature of their Products, and as a result of
this false and misleading labeling, were able to sell these
Products to hundreds of thousands of unsuspecting consumers
throughout New York, California and the United States, says the
complaint.
The Plaintiffs purchased Mr. & Mrs. T Bloody Mary Mix over the past
4 years from local stores including Stop & Shop and Queens Wine &
Liquor.
Mott's was founded in 1842 principally selling apple juice and
related products.[BN]
The Plaintiff is represented by:
Michael D. Braun, Esq.
KUZYK LAW, LLP
1999 Avenue of the Stars, Ste. 1100
Los Angeles, California 90067
Phone: (213) 401-4100
Facsimile: (213) 401-0311
Email: mdb@kuzykclassactions.com
- and -
Peter N. Wasylyk, Esq.
LAW OFFICES OF PETER N. WASYLYK
1307 Chalkstone Avenue
Providence, RI 02908
Phone: (401) 831-7730
Facsimile: (401) 861-6064
Email: pnwlaw@aol.com
NATIONWIDE MUTUAL: Benscoter Appeals Suit Dismissal to 3rd Circuit
------------------------------------------------------------------
JOHN BENSCOTER is taking an appeal from a court order dismissing
his lawsuit entitled John Benscoter, on behalf of himself and all
others similarly situated, Plaintiff, v. Nationwide Mutual
Insurance Co., Defendant, Case No. 4-22-cv-01142, in the U.S.
District Court for the Middle District of Pennsylvania.
As previously reported in the Class Action Reporter, the lawsuit,
which was removed from the Court of Common Pleas, Lycoming County,
Pennsylvania, to the U.S. District Court for the Middle District of
Pennsylvania, arises from the Defendant's alleged violations of the
Motor Vehicle Financial Responsibility Law, breach of contract, and
breach of Pennsylvania's Unfair Insurance Practices Act.
On Oct. 9, 2023, the Defendant filed a motion to dismiss the case
for failure to state a claim, which the Court granted with
prejudice through an Order entered by Judge Matthew W. Brann on
Jan. 10, 2024. The Clerk of Court was directed to close this case.
The appellate case is captioned John Benscoter v. Nationwide Mutual
Insurance Co., Case No. 24-1093, in the United States Court of
Appeals for the Third Circuit, filed on January 16, 2024. [BN]
Plaintiff-Appellant JOHN R. BENSCOTER, on behalf of himself and all
others similarly situated, is represented by:
Charles Kannebecker, Esq.
104 W. High Street
Milford, PA 18337
Telephone: (570) 296-6471
Defendant-Appellee NATIONWIDE MUTUAL INSURANCE CO. is represented
by:
Jennifer A.L. Battle, Esq.
CARPENTER LIPPS
280 N. High Street
280 Plaza, Suite 1300
Columbus, OH 43215
Telephone: (615) 365-4119
- and -
Nicholas A. Cummins, Esq.
BENNETT BRICKLIN & SALTZBURG
1500 Market Street, Center Square, 32nd Floor
Philadelphia, PA 19102
Telephone: (215) 665-3328
NEW PENN: Mattson Appeals Class Cert. Bid Denial to 9th Circuit
---------------------------------------------------------------
ERIK MATTSON is taking an appeal from a court order granting
defendant's motion to deny class certification in the lawsuit
entitled Erik Mattson, on behalf of himself and all others
similarly situated, Plaintiff, v. New Penn Financial, LLC,
Defendant, Case No. 3:18-cv-00990-YY, in the U.S. District Court
for the District of Oregon.
As previously reported in the Class Action Reporter, the Plaintiff
brings claims under the Telephone Consumer Protection Act of 1991,
47 U.S.C. Section 227. He accused New Penn Financial of calling his
cellphone while it was registered on the National Do Not Call
Registry.
Magistrate Judge Youlee Yim You issued a Findings and
Recommendation on October 12, 2023, wherein she recommended that
the Court grant Defendant's motion to deny class certification.
On Jan. 2, 2024, the Court granted the Defendant's motion to deny
class certification. The Court considered Plaintiff's objections
and concluded that there is no basis to modify the Findings and
Recommendation. The Court also reviewed the pertinent portions of
the record de novo and found no error in the Magistrate Judge's
Findings and Recommendation.
The appellate case is captioned Mattson v. New Penn Financial, LLC,
Case No. 24-260, in the United States Court of Appeals for the
Ninth Circuit, filed on January 17, 2024. [BN]
OLIN CORP: Miami Products Appeals Class Cert. Bid Denial to 2nd Cir
-------------------------------------------------------------------
MIAMI PRODUCTS & CHEMICAL CO., et al. are taking an appeal from a
court order denying their motion to certify class in the lawsuit
entitled Miami Products & Chemical Co., et al., on behalf of
themselves and all others similarly situated, Plaintiffs, v. Olin
Corporation, et al., Defendants, Case No. 1:19-cv-00385, in the
U.S. District Court for the Western District of New York.
As previously reported in the Class Action Reporter, the case
arises from the collusive and concerted restraint of trade in
sodium hydroxide, commonly known as Caustic Soda, by the Defendants
-- all of whom are direct competitors and leading manufacturers of
Caustic Soda in the United States -- during a period spanning from
at least October 1, 2015, to the present, under the antitrust
laws.
Caustic Soda is a commodity chemical sold in solid and liquid forms
that is produced as a co-product of chlorine production from the
electrolysis of brine or salt water. Caustic Soda is consumed by
customers in a variety of industries, including paper, pulp and
cellulose; chemical production; soaps and detergents; aluminum;
food processing; water treatment; textiles; mineral oils;
recycling; and pharmaceuticals. The Defendants are estimated to
control at least 90% of the domestic supply of Caustic Soda.
From approximately 2012 until the fourth quarter of 2015, Caustic
Soda prices were either declining or flat, and industry margins
were poor, given industry overcapacity and flat demand. These
conditions motivated the Defendants to conspire and combine to
restrict domestic supply; to fix, raise, maintain, and stabilize
the price at which Caustic Soda was and continues to be sold; and
to allocate customers in violation of Section 1 of the Sherman
Act.
On Apr. 25, 2022, the Plaintiffs filed a motion to certify class,
which the Court denied through an Order entered by Judge Elizabeth
A. Wolford on Dec. 28, 2023.
In sum, the Court held that Direct Purchaser Plaintiffs (DPPs) have
failed to demonstrate by a preponderance of the evidence that
common questions will predominate over individual questions with
respect to their proposed class. DPPs have not come forward with
common proof sufficient to allow a trier of fact to conclude that
all or most members of the class suffered antitrust injury as a
result of the alleged cartel. Class certification would not be
appropriate under these circumstances.
Moreover, the Court denied as moot Shintech's motion to exclude
certain of Dr. Russell L. Lamb's opinions, denied DPPs' motion to
strike and exclude certain of Dr. John H. Johnson, IV's opinions
and proposed testimony, denied as moot Formosa USA's motion to
exclude certain of Dr. Lamb's opinions, and denied as moot the
Defendants' joint motion to exclude certain of Dr. Lamb's opinions
and proposed testimony. The Court's denial of the parties' motions
to strike/exclude shall not preclude the parties from raising any
issues related to the admissibility of expert testimony in motions
in limine filed pursuant to a pretrial order entered at a later
stage of this case.
The appellate case is captioned Miami Products & Chemical Co. v.
Olin Corporation, Case No. 24-126, in the United States Court of
Appeals for the Second Circuit, filed on January 16, 2024. [BN]
Defendants-Respondents OLIN CORPORATION, et al. are represented
by:
Brian P. Crosby, Esq.
GIBSON, MCASKILL & CROSBY, LLP
69 Delaware Avenue, Suite 900
Buffalo, NY 14202
- and -
Terrance P. Flynn, Esq.
HARRIS BEACH PLLC
726 Exchange Street, Suite 1000
Buffalo, NY 14210
- and -
Alan M. Unger, Esq.
SIDLEY AUSTIN LLP
787 Seventh Avenue
New York, NY 10019
PERSONAL TOUCH: Faces Gomez Wage-and-Hour Suit in Calif.
--------------------------------------------------------
ROBERTO GOMEZ, individually, and on behalf of other members ofthe
general public similarly situated, Plaintiff v. PERSONAL TOUCH
CLEANING & MAINTENANCE, INC., a California corporation; and DOES 1
through 100, inclusive; Defendants, Case No. 24STCV01021 (Cal.
Super., Los Angeles Cty., Jan. 16, 2024) arises from the
Defendants' alleged unlawful labor practices and policies in
violation of the California Labor Code and the California Business
& Professions Code.
The Plaintiff alleges the Defendants' failure to pay minimum and
overtime wages, failure to pay meal and rest period premiums,
failure to timely pay final wages, failure to furnish wage
statements, failure to reimburse business expenses, and unfair
competition.
The Plaintiff and other persons were employed by the Defendants as
hourly-paid or non-exempt employees within the State of
California.
Personal Touch Cleaning & Maintenance, Inc. provides building
maintenance and cleaning services.[BN]
The Plaintiff is represented by:
Douglas Han, Esq.
Shunt Tatavos-Gharajeh, Esq.
Brian Jeong, Esq.
JUSTICE LAW CORPORATION
751 N. Fair Oaks Avenue, Suite 101
Pasadena, CA 91103
Telephone: (818) 230-7502
Facsimile: (818) 230-7259
PREMIER HEALTHCARE: Fails to Pay Nurses' OT Wages Under FLSA
------------------------------------------------------------
CRYSTAL TAYLOR, on behalf of herself and on behalf of all others
similarly situated v. PREMIER HEALTHCARE STAFFING SOLUTIONS, LLC,
Case No. 8:24-cv-00224-KKM-SPF (M.D. Fla., Jan. 24, 2024) sues the
Defendant for failure to pay overtime wages under the Fair Labor
Standards Act.
The Defendant assigns the Plaintiff and the Class to work at
different facilities throughout the State of Florida. The Plaintiff
regularly worked more than 40 hours per week between these
different facilities, the lawsuit claims.
Beginning August 2022, the Defendant began to pay the Plaintiff the
overtime premium only if she worked more than 40 hours at a single
facility. Between August 28, 2022, and September 3, 2022, the
Plaintiff worked 47.94 hours at a facility labeled "Hillsborough"
and 15.1 hours at a facility labeled "Northbrook." The Plaintiff
was only paid the overtime premium for 7.94 hours during this pay
period.
In a conversation with her manager on September 12, 2022, the
Plaintiff objected to the Defendant's failure to pay her the
overtime premium required by the FLSA. The Defendant responded by
stating that if the Plaintiff would not work these hours and agree
to its unlawful pay practices, it would terminate her employment.
The Defendant retaliated against the Plaintiff for objecting to its
failure to pay her the required overtime premium by terminating her
employment on September 12, 2022, the lawsuit alleges.
The Plaintiff worked for the Defendant as a Licensed Practical
Nurse from July 2019 until September 12, 2022.
The Defendant operates a healthcare staffing business in
Hillsborough County, Florida.[BN]
The Plaintiff is represented by:
Amanda E. Heystek, Esq.
WENZEL FENTON CABASSA, P.A.
1110 N. Florida Avenue, Suite 300
Tampa, FL 33602
Telephone: (813) 224-0431
Facsimile: (813) 229-8712
E-mail: aheystek@wfclaw.com
rcooke@wfclaw.com
SCOUT ENERGY: Must File Class Cert Bid Response by May 7
--------------------------------------------------------
In the class action lawsuit captioned as Cooper-Clark Foundation v.
Scout Energy Management, LLC et al., Case No. 5:22-cv-04048 (D.
Kan., Filed Sept. 21, 2022), the Hon. Judge Kathryn H. Vratil
entered an order granting the Plaintiff's unopposed renewed motion
to modify scheduling order.
-- The plaintiff's class-certification-motion Feb. 2, 2024
deadline is extended to:
-- Defendants' response deadline to the same May 7, 2024
is extended to:
All other deadlines set in the Amended Class Certification Stage
Scheduling Order remain unchanged.
The nature of suit states Diversity-Other Contract.
Scout is a private energy investment manager and an upstream oil
and gas operator.[CC]
SUNOCO INC: Appeals Rulings in Cline's Breach of Contract Suit
--------------------------------------------------------------
Sunoco, Inc. (R&M), et al., filed an appeal from a court ruling
entered in the lawsuit entitled PERRY CLINE, on behalf of himself
and all others similarly situated v. SUNOCO, INC. (R&M), and,
SUNOCO PARTNERS MARKETING & TERMINALS, L.P., Case No.
6:17-CV-00313-JAG, in the U.S. District Court for the Eastern
District of Oklahoma, Muskogee.
As previously reported in the Class Action Reporter, Mr. Cline owns
a royalty interest in one or more oil wells in Oklahoma. Sunoco,
Inc. (R&M), and Sunoco Partners Marketing & Terminals, L.P.
("Sunoco"), purchase and resell oil from Cline's wells. Oklahoma
law requires Sunoco to pay proceeds from the oil to Mr. Cline. If
Sunoco pays the proceeds late, it must pay Cline interest on the
payment at a rate set forth in Oklahoma's Production Revenue
Standards Act. Mr. Cline has sued Sunoco for paying his production
proceeds late without paying the required interest.
On August 27, 2020, the Court entered a Judgment Order against
Defendants in the amount of $155,691,486.
On November 1, 2021, the Court entered an order dismissing
consolidated appeals because Sunoco did not meet its burden to
establish appellate jurisdiction.
On March 31, 2022, Judge John A. Gibney, Jr. granted in part
Defendants' motion to enjoin enforcement of the judgment and any
actions in support and stayed all enforcement actions for 60 days
after the date of this Order.
Defendants Sunoco, Inc. (R&M) and Sunoco Partners Marketing &
Terminals, L.P. file this appeal to the U.S. Court of Appeals for
the Tenth Circuit from an Oct. 19, 2023 Judgment Order. If
necessary for purposes of appellate jurisdiction, Defendants
further appeal from all orders, adjudications, findings, and
conclusions intertwined with or related to the Judgment Order. If
that does not encompass the following, the defendants appeal from
all rulings adverse to Defendants in this case, including the Oct.
3, 2019 Opinion and Order granting class certification; Oct. 3,
2019 Opinion and Order denying Defendants' motion to exclude
Barbara Ley; Nov. 26, 2019 Order denying Defendants' motion to
clarify the class definition; Dec. 10, 2019 Opinion and Order
granting partial summary judgment; Aug. 17, 2020 Opinion and Order;
Aug. 27, 2020, ruling overruling objections to the award of
additional damages; Aug. 27, 2020 ruling that the Court would enter
judgment in favor of Plaintiffs; Aug. 27, 2020 Judgment Order; Oct.
30, 2020 Plan of Allocation Order; Oct. 17, 2023 Amended Plan of
Allocation Order; Oct. 19, 2023 Amended Award of Actual Damages;
Nov. 20, 2023 Order denying Motion to Alter or Amend the Judgment
and Motion for New Trial; and all other rulings adverse to the
Defendants.
The appellate case is captioned as Cline v. Sunoco, Inc. (R&M), et
al., Case No. 23-7090, in the United States Court of Appeals for
the Tenth Circuit, filed on December 15, 2023.
Defendants-Appellants Sunoco, Inc. (R&M) and Sunoco Partners
Marketing & Terminals, L.P. are represented by:
Mark D. Christiansen, Esq.
MCAFEE & TAFT
211 North Robinson, 8th Floor
Oklahoma City, OK 73102
Telephone: (405) 235-9621
- and -
Matthew Dekovich, Esq.
Daniel Mead McClure, Esq.
Kevin W. Yankowsky, Esq.
NORTON ROSE FULBRIGHT
1301 McKinney Street, Suite 5100
Houston, TX 77010
Telephone: (713) 651-5151
- and -
Mark Emery, Esq.
NORTON ROSE FULBRIGHT
799 9th Street, NW, Suite 1000
Washington, DC 20001-4501
Telephone: (202) 662-0200
- and -
Timothy Scott McConn, Esq.
Robert D. Woods, Esq.
R. Paul Yetter, Esq.
YETTER COLEMAN
811 Main Street, Suite 4100
Houston, TX 77002
Telephone: (713) 632-8000
- and -
Erin E. Murphy, Esq.
CLEMENT & MURPHY
706 Duke Street
Alexandria, VA 22314
Telephone: (202) 742-8900
Plaintiff-Appellee PERRY CLINE, on behalf of himself and all others
similarly situated, is represented by:
Jeffrey J. Angelovich, Esq.
Lisa P. Baldwin, Esq.
Bradley E. Beckworth, Esq.
Brooke A. Churchman, Esq.
Winn Cutler, Esq.
Trey Duck, Esq.
Nathaniel Hall, Esq.
Ross Leonoudakis, Esq.
Andrew G. Pate, Esq.
NIX PATTERSON
8701 Bee Cave Road, Building 1, Suite 500
Austin, TX 78746
Telephone: (903) 645-7333
- and -
Robert N. Barnes, Esq.
Emily Nash Kitch, Esq.
Patranell Britten Lewis, Esq.
BARNES & LEWIS
4501 North Cooper Avenue
Oklahoma City, OK 73118
Telephone: (405) 843-0363
- and -
Michael Burrage, Esq.
Randa K. Reeves, Esq.
WHITTEN BURRAGE
512 North Broadway Avenue, Suite 300
Oklahoma City, OK 73102
Telephone: (405) 516-7800
- and -
Paula Jantzen, Esq.
Jason A. Ryan, Esq.
Patrick M. Ryan, Esq.
Phillip G. Whaley, Esq.
RYAN WHALEY COLDIRON JANTZEN PETERS & WEBBER
400 North Walnut Avenue
Oklahoma City, OK 73104
Telephone: (405) 239-6040
- and -
Lawrence R. Murphy, Jr., Esq.
HAMILTON MURPHY LAW
1800 South Baltimore Avenue, Suite 420
Tulsa, OK 74119
Telephone: (918) 973-5373
- and -
Susan R. Whatley, Esq.
NIX PATTERSON
P.O. Box 178
Linden, TX 75563
Telephone: (903) 215-8310
UGG INC: Mackey Sues Over Unwanted Sales Calls
----------------------------------------------
HUNTER MACKEY, individually and on behalf of all others similarly
situated, Plaintiff v. UGG, INC., Defendant, Case No.
CACE-24-000614 (Fla. Cir., 17th Judicial, Broward Cty., Jan. 16,
2024) is an action for injunctive and declaratory relief, and
damages for violations of the Caller ID Rules of the Florida
Telephone Solicitation Act.
According to the complaint, the Defendant made text message sales
calls that promoted UGG and violated the Caller ID Rules when it
transmitted to the recipients' caller identification services a
telephone number that was not capable of receiving telephone calls
and that did not connect the recipient to either the caller or the
Defendant.
Plaintiff Mackey, is the regular user of a cellular telephone
number that receives Defendant's telephonic sales calls and resides
in Broward County, Florida.
Ugg, Inc. is a fashion company that does business in Florida.[BN]
The Plaintiff is represented by:
Joshua A. Glickman, Esq.
Shawn A. Heller, Esq.
SOCIAL JUSTICE LAW COLLECTIVE, PL
974 Howard Ave.
Dunedin, FL 34698
Telephone: (202) 709-5744
Facsimile: (866) 893-0416
E-mail: josh@sjlawcollective.com
shawn@sjlawcollective.com
VALADON HOTEL: Escobar Sues Over Unlawful Labor Practices
---------------------------------------------------------
NATALIA ESCOBAR, individually, and on behalf of other members of
the general public similarly situated, Plaintiff v. VALADON HOTEL,
LLC, a California limited liability company; and DOES 1 through
100, inclusive, Defendants, Case No. 24STCV01201 (Cal. Super., Los
Angeles Cty., Jan. 16, 2023) arises from the Defendants' alleged
unlawful labor practices and policies in violation of the
California Labor Code and the California Business & Professions
Code.
The complaint alleges the Defendants' failure to pay minimum and
overtime wages, failure to provide meal and rest periods, failure
to timely pay wages upon termination, failure to timely pay wages
during employment, failure to provide compliant wage statements,
failure to keep complete or accurate payroll records, and failure
to reimburse necessary business expenses.
The Plaintiff was employed by the Defendants as an hourly-paid,
non-exempt employee from approximately April 2019 to approximately
March 2020, in the State of California, County of Los Angeles.
Valadon Hotel, LLC is a California limited liability company
engaged in hotel business.[BN]
The Plaintiff is represented by:
Arby Aiwazian, Esq.
LAWYERS FOR JUSTICE, PC
410 West Arden Avenue, Suite 203
Glendale, CA 91203
Telephone: (818) 265-1020
Facsimile: (818) 265-1021
E-mail: aa@calljustice.com
WASHINGTON: Sterling Appeals Court Order to 9th Circuit
-------------------------------------------------------
DAMARIO RASHEED STERLING filed an appeal from a court order in
their lawsuit entitled Damario Rasheed Sterling, on behalf of
himself and all others similarly situated, Plaintiff, v. Cami L.
Feek, Commissioner, Washington State Employment Security
Department, in her capacity, and in her official capacity, et al.,
Defendants, Case No. 3:22-cv-05250, in the U.S. District Court for
the Western District of Washington.
On April 14, 2022, Plaintiffs filed a complaint in court. On June
13, 2022, Plaintiffs amended their complaint, alleging the
Washington Employment Security Department (ESD or The Department)
sent them redetermination letters adjusting their unemployment
benefits without adequate prior notice or opportunity to be heard.
Plaintiffs allege these "vague, untimely, and threatening"
overpayment notices, which often informed Plaintiffs they owed
thousands of dollars to the government, were generated by a
defective claims management program.
Plaintiffs filed an action pursuant to 42 U.S.C. Section 1983,
alleging Defendants violated their rights pursuant to the
Fourteenth Amendment's Due Process Clause by depriving them of a
constitutionally protected property interest without adequate
notice or an opportunity to be heard. Plaintiffs further alleged
Defendants violated their right to a fair hearing and their right
to a timely determination. Plaintiffs also made class action
allegations.
The matter came before the Court on Defendants' motion for summary
judgment and motion to stay discovery proceedings pending the
Court's ruling on the motion for summary judgment.
On September 5, 2023, the Court DENIED Defendants' motion for
summary judgment. Defendants' motion to stay proceedings was also
DENIED. Plaintiff's motion for an extension of time was GRANTED in
part. The parties' stipulated motion to extend case deadlines was
likewise GRANTED.
The appellate case is captioned Sterling v. Feek, et al., Case No.
24-259, in the United States Court of Appeals for the Ninth
Circuit, filed on January 17, 2024. [BN]
*********
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 2024. 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 ***