/raid1/www/Hosts/bankrupt/CAR_Public/240221.mbx
C L A S S A C T I O N R E P O R T E R
Wednesday, February 21, 2024, Vol. 26, No. 38
Headlines
ABM INDUSTRY: Bid for Class Cert. in Linares Due Dec. 16
ACCURATE ENERGETIC: Underpays Production Employees, Wallace Claims
ACTELION PHARMA: GEHA Seeks Leave to File Class Cert. Reply
ADTALEM GLOBAL: Settles Versetto Consumer Fraud Suit
ALBERTSONS COMPANIES: Faces Kamel TCPA Suit in C.D. California
ALEX ADRIAN MOLINAROLI: 7th Cir. Affirms Dismissal of Gumm Suit
ALL SEASONS: Fails to Pay Proper Wages, Hernandez Suit Says
AMAZON.COM INC: Napoleon Balks at Prime's Illegal Subscription Fee
AMAZON.COM INC: Tricks Consumers to Buy Pricey Items, Taylor Says
AMERICAN AIRLINES: Nachison Balks at Reward Program Termination
AMERICAN EXPRESS: Appeals Class Cert Ruling in Oliver Suit
AMERICAN EXPRESS: Seeks Reconsideration of Jan. 9 Order
AMERICAN FAMILY: Durham Contract Suit Removed to M.D. Tennessee
AMERICAN TEXTILE: Twomey Files Suit Over Sheet Sets' False Ad
AMERIPRIDE SERVICES: Continues to Defend Cake Love Class Suit
ANCESTRY.COM: March 1 Extension to File Amended Complaint Sought
ANMOL FOOD: Bid to Conditionally Certify Collective Partially OK'd
ARCHER-DANIELS-MIDLAND: Underpays Fleet Deckhands, Marret Alleges
ARDEN CLAIMS: Sauray Sues Over Disclosure of Personal Info
AURA GENETICS: Sends Unsolicited Sales Calls, Alexander Suit Says
AXSOME THERAPEUTICS: Giblin, et al., Appointed as Lead Plaintiffs
BARONHR WEST: Flores-Lopez Sues Over Labor Law Breaches
BAY AREA COMMUNITY: Khan Sues Over Unlawful Pay Practices
BELLINGHAM, WA: Initial Disclosure in Stodola Suit Due March 5
BEST TRASH: Macias Sues Over Unpaid Overtime, Retaliation
BIOATLA INC: Faces Golla Class Suit in Delaware
BIOVIE INC: Faces Olmstead Suit Over Parkinson's Meds
BUTTERMILK RANCH: Fails to Pay Proper Minimum Wages, Jones Claims
CAMPING WORLD: Conrad Sues Over Unsolicited Text Messages
CANOPY GROWTH: Continues to Defend Asmaro Class Suit
CANOPY GROWTH: To File Dismissal Bid by March 7
CANVAS ENERGY: Wake PRSA Suit Seeks to Certify Settlement Class
CARBONITE INC: To Settle Consolidated Shareholder Suit
CARNIVAL CORP: Faces Negligence Raps Over COVID Handling in Ships
CBS INTERACTIVE: Faces Tejon Suit Over Illegal Collection Letter
CHARTER MANUFACTURING: Grap Sues Over Nonpayment of Proper OT Wages
CNO FINANCIAL: Faces Hicks Personal Property Suit in S.D. Indiana
COMCAST CABLE: Fails to Safeguard Customers' Info, Werner Alleges
COMMUNITY HEALTH: Matczak Files Personal Injury Suit in D.N.J.
CONTINENTAL AG: Islami Sues Over Alleged Price Fixing Conspiracy
CSL PLASMA: Fakira Wage-and-Hour Suit Removed to N.D. California
DAR 525 INC: Martin Files ADA Suit in E.D. New York
DEE'S BRICK: Durantas Sues Over Civil Rights Violation in E.D.N.Y.
DELI MANAGEMENT: Rihm Files Suit in E.D. Texas
DELTA DENTAL: Lamons Files Suit in Cal. Super. Ct.
ECLERX LLC: King Sues to Recover Overtime Wages
ELECTROSTIM MEDICAL: Perriolat Sues Over Cyberattack & Data Breach
EM PROTECTIVE: Palmer Seeks Proper Wages to Security Guards
EMBRACE HOME: Filing for Class Cert Bid in Shultz Suit Due Nov. 8
EMERY INSURANCE: Faces Harrison Suit Over Robocalls in M.D. Ala.
EMPOWER FINANCE: Faces Donovan Truth in Lending Suit in W.D. Pa.
EPIONE MEDICAL: Ingram Files TCPA Class Suit in C.D. California
EXCEL REALTY INC: Lipp Files Suit in N.D. California
EXP WORLD: Faces Fierro Antitrust Suit in California Court
EXP WORLD: Named in Latham Antitrust Suit in CA Court
EXP WORLD: Named in McFall Antitrust Suit
EXPEDIA GROUP: Notice of Appeal in Pine Bluff Suit Remains Pending
FALLON AMBULANCE: Jacobson Files Suit in D. Massachusetts
FESTIVAL FUN: McGivan Sues Over Deceptive Ticket Processing Fees
FIFTH WALL: Tricks Stockholders to OK Merger, Jandreau Suit Claims
FILM FORUM: Kovacs Sues Over Improper Tickets' Fee Disclosure
FLORIDA AGENCY: Chianne Class Cert Bid Tossed as Moot
FORD MOTOR: Fails to Pay Proper Overtime Wages, Hood Suit Claims
FOULGER-PRATT CONSTRUCTION: Ferrera Seeks to Recover Unpaid Wages
FRED HUTCHINSON: Hunter Sues Over Failure to Safeguard PII & PHI
GEICO: Plaintiffs Seek Class Cert. Bid Approval
GEICO: Plaintiffs Seek to File Class Cert Bid Under Seal
GENERAL PARTS: Gilyard-Walker Labor Suit Removed to W.D. Missouri
GOOGLE INC: Court Tosses Bid to Compel Arbitration in Class Suit
GOT MOJO RVC: Martin Files ADA Suit in E.D. New York
GREAT AMERICAN: Fact Discovery in Schuchmann Suit Due Sept. 30
HANCOCK COUNTY, IL: Court Directs Discovery Plan Filing in Baxter
HEALTHY SPIRIT: Slate Seeks Leave to Conduct Class Cert.
HERC RENTALS: David Employment Suit Removed to W.D. Washington
HIGHTECHLENDING INC: Class Cert Bid in Charman Continued to June 28
HOMEWORKS ENERGY: Court Tosses Giguere Bid to Certify Class
HONEYGROW LLC: Colak Files ADA Suit in E.D. New York
ILLINOIS: Class Discovery Cutoff in Kainz Suit Extended to March 30
INCODE TECHNOLOGIES: Aspel Suit Removed to N.D. Illinois
INDIAN HILL: Parties Seek Extension of Class Cert. Deadlines
INFINITY MANAGEMENT: Craft Files Suit in D. Montana
INFUSION4HEALTH INC.: Fails to Pay OT Wages, Hampton Suit Alleges
INPHONEX.COM LLC: Faces Cardon Suit Over Illegal Collection Letter
INSPIRE MEDICAL: Continues to Defend HFPF Suit in Minnesota
INTEGRIS HEALTH: White Files Suit in Okla. Dist. Ct.
INTEGRIS HEALTH: Yambao Files Suit in Okla. Dist. Ct.
INTEL CORP: Faces Multiple Actions Over Data Breach Incidents
INTER_IAM INC: Gjocaj Sues Over Unlawful Convenience Fees
JOHN HANCOCK: Linhart Can File Class Certification Bid Under Seal
JOHN LOPEZ: Dudley Bid for Joinder & Class Certification Nixed
KAMBRIAN CORPORATION: Faces Spencer Wage-and-Hour Suit in Cal.
KANSAS DAIRY: Fails to Provide WARN Notice, Gonzales Suit Claims
KEENAN AND ASSOCIATES: Reyes Files Fraud Suit in C.D. California
KEENAN AND ASSOCIATES: Ruma Files Personal Injury Suit in C.D. Cal.
KETCHUM INC: Karnas Sues Over Mass Solicitation of Investments
KSL CAPITAL: Misleads Stockholders to Approve Merger, McFee Alleges
KYLE WILKINS: Krenzer Suit Seeks to Certify Class of New Yorkers
L & B GARDENS INC: Martinez Files ADA Suit in E.D. New York
LA CASA: Fails to Pay Proper Overtime Wages, Collazo Suit Alleges
LACUNA AUTISM: Garcia Seeks Proper Payment of Overtime Premiums
LINKEDIN CORP: Jackson Sues Over Invasion of Privacy
LIONUDADAKIS FIREWOOD: Araiza Files Class Suit in Cal. State Court
MACALESTER COLLEGE: General Pretrial Management Entered in Senior
MACRO DIGITAL: Fails to Pay Minimum & OT Wages Under FLSA
MAGNOLIA BANK: Bid to Dismiss Jewell Class Action Denied
MARINE LAYER INC: Redick Files ADA Suit in C.D. California
MARINHEALTH MED: Negligence Claims Dismissed with Leave to Amend
MARRIOTT INT'L: Parties Seek to Vacate Portions of March 30 Order
MARS PETCARE: Moore Suit Seeks to Seal Class Cert Documents
MARS WRIGLEY: Pistorio Sues Over Mislabeled Pretzel Tube Snacks
MARTINEZ REFINING: Class Cert Filing in Piscitelli Due Dec. 20
MC CONCRETE: Martinez Sues Over Failure to Pay Overtime Wages
MCCALLA RAYMER LEIBERT: Feldman Files FDCPA Suit in S.D. New York
MDL 2903: Class Cert Hearing Set for Feb. 23 in Sleeper Suit
MERCEDES BENZ: Monilaw Sues Over Vehicles' Veneer Wood Trim Defect
MERCEDES-BENZ USA: Hamm Suit Seeks to Certify Vehicle Owner Class
MERCEDES-BENZ: Bid for Leave to File 2nd Amended Complaint Tossed
MICHAEL ISABELLA: Delcid Labor Suit Seeks $68K Default Judgment
MILTON ADAIR: Court Narrows Claims in Justin Suit
MLB ADVANCED: Wong Sues Over Web Users' Disclosed Info to Facebook
MONDELEZ INT'L: Class Cert Bid in Wallenstein Modified to May 24
MOTION CONTROL: Collins Files Suit in Cal. Super. Ct.
MOUNTAIN LAUREL: Testimonies of Merritt, et al., Excluded in Part
MSI HEALTH SOLUTION: Nevels Files Suit in Cal. Super. Ct.
MYMOON CORP: Martin Files ADA Suit in E.D. New York
NATIONAL ASSOCIATION: Jensen Sues Over Anticompetitive Practices
NATIONAL BOARD: Giri Alleges Discrimination Against Nepali Doctors
NATPETS LLC: Beauchamp Files Civil Rights Suit in S.D.N.Y.
NESTLE HEALTH: Fasce Sues Over Deceptive Marketing of Fish Oil
NESTLE USA: Falcone Bid to File Docs Under Seal Tossed
NEVADA: McGuire Suit Seeks to Certify Class of Inmates
NEW YORK LIFE: Krohnengold Class Cert Bid Tossed w/o Prejudice
NEW YORK LIFE: Linhart Seeks to File Class Cert Bid Under Seal
NEW YORK LIFE: Linhart Suit Seeks to Certify Putative Class
NEW YORK, NY: Fact Discovery in United Probation Due April 30
NEW YORK: Court Decertifies Class in Betances
NUCOR BUILDINGS: Dhanota Labor Code Suit Removed to E.D. Cal.
OAK RIDGE: Hoipkemier Fraud Class Suit Removed to N.D. Georgia
OMNIMAX INTERNATIONAL: Cuevas Labor Suit Removed to C.D. Cal.
OPENAI INC: Consents Not to File Bid to Dismiss Alter Suit
OPENAI INC: Consents Not to File Bid to Dismiss Class Suit
PAYCOM PAYROLL: Faces Trimble Personal Injury Suit in W.D. Okla.
PEJ XVI INC: Loeman Sues Over Underpayment of Wages
PETRO-LUD INC: Misclassifies Employees as Contractors, Hunter Says
POLYGLASS USA: Castro Seeks Unpaid Overtime Wages
PORTFOLIO RECOVERY: Class Cert. Filing in Pearson Due August 20
POSITIVE PIZZA: Costilla Files Civil Suit in Cal. State Court
PREMIUM MORTGAGE: Hyde Sues Over Privacy Data Breach
PRIME HEALTHCARE: R. S. Files Personal Injury Claims in C.D. Cal.
PROCTER & GAMBLE: McWhorter Sues Over Mislabeled Hair Products
PROTER & GAMBLE: Fails to Pay Proper Wages, George Suit Says
QUALITY FURNITURE: Gaballa Files Civil Suit in Cal. State Court
QUIKCRETE CALIFORNIA: Garcia Alleges Labor Law Breaches
QUOTIENT TECHNOLOGY: Misleads Stockholders to OK Merger, Boal Says
RAY JONES: Must File Decertification Bid by April 1
ROLLER RABBIT: Violates Disabled's Civil Rights, Calcano Claims
RUBIN-LOBO LLC: Erkan Sues Over Disabled Rights' Violations in N.Y.
SCHNADER HARRISON: Bennett Sues Over Breach of Fiduciary Duties
SELENE FINANCE: Fritz Files Real Property Suit in Mass. State Court
SLEDGE INC: Faces Larsen Suit Over Labor Law Violations
SOS LIMITED: Settles Securities Suit Out-of-Court
SPORTSMAN'S WAREHOUSE: Faces Kogut Securities Suit in Delaware
STALLION EXPRESS: McCatty Sues Over Couriers' Unpaid Wages
STOP & SHOP: Durantas Files ADA Class Suit in E.D.N.Y.
TESLA INC: Corona Class Suit Removed to N.D. California
TESLA INC: Plaintiff Appeals Court Ruling on Securities Suit
TL CANNON: Filing for Class Cert. Bid Due Feb. 23
TREBBIANNO LLC: Demaio Sues Over Caller ID Rules Violations
TRI COUNTIES: Sockol Suit Seeks Unpaid Wages for Bank Employees
TRI-SUPPLY CO: Tempel Sues Over Unpaid Minimum Wages, Retaliation
TWENTY-TWO DESSERTS: Erkan Sues Over ADA Violations in E.D.N.Y.
UGALLERY LLC: Tarr Sues Over Violations of ADA in S.D.N.Y.
UNION PACIFIC: Continues to Defend Illinois BIPA Suit
UNIVERSITY OF WASHINGTON: Poe Files Civil Rights Suit in W.D. Wash.
VISA INC: Faces Mirage Antitrust Suit in Illinois Court
VISA INC: Partial Summary Judgment Sought in Ohio Action
VISA INC: Settles Interchange MDL with Merchants
WALMART INC: Sullivan CLRA Suit Removed to C.D. California
WHIRLPOOL CORP: Costa et al. Sue Over Defective Refrigerators' Sale
WILSHIRE REAL: Connor Sues Over Unwanted Marketing Calls in S.C.
WISE FOODS: Restrepo Sues Over Mislabeled Popcorn Product
YAMBO INC: Moreira Suit Seeks Unpaid Overtime for Restaurant Staff
YARDI SYSTEMS: Mach and Stephney Sue Over Inflated Rental Prices
YODLEE INC: Clark Seeks Production of Documents
ZEUS NETWORKS: Tejon Sues Over Unwanted Disclosure of Video Info
*********
ABM INDUSTRY: Bid for Class Cert. in Linares Due Dec. 16
--------------------------------------------------------
In the class action lawsuit captioned as EFREN LINARES,
individually, and on behalf of all others similarly situated, and
on behalf of the State of California and aggrieved employees
pursuant to the Private Attorneys General Act, v. ABM INDUSTRY
GROUPS, LLC., FLOWERS BAKING CO. OF MODESTO, LLC., and DOES 1
through 50, inclusive; Case No. 1:22-cv-00816-TLN-CKD (E.D. Cal.),
the Hon. Judge Troy L. Nunley entered an order adjusting the
Court's Class Action Scheduling Order issued on March 17, 2023, as
follows:
1. The Plaintiff's Motion for Class Certification is due by Dec.
16, 2024 (previously May 31, 2024);
2. The Defendants' Opposition is due by Jan. 30, 2025
(previously
July 12, 2024);
3. The Plaintiff's Reply is due by March 17, 2025 (previously
Aug. 30, 2024); and
4. The hearing for Class Certification is scheduled for April
17,
2025 at 2:00 p.m. (previously Sept. 13, 2024, at 10:00
a.m.).
ABM Industry provides facility services.
A copy of the Court's order dated Jan. 23, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=Ds6Cme at no extra
charge.[CC]
The Plaintiff is represented by:
Stan S. Mallison, Esq.
Hector R. Martinez, Esq.
Daniel C. Keller, Esq.
Caroline L. Hill, Esq.
MALLISON & MARTINEZ
1939 Harrison Street, Suite 730
Oakland, CA 94612
Telephone: (510) 832-9999
Facsimile: (510) 832-1101
E-mail: StanM@TheMMLawFirm.com
HectorM@TheMMLawFirm.com
Dkeller@TheMMLawFirm.com
CHill@TheMMLawFirm.com
The Defendants are represented by:
Alexander M. Chemers, Esq.
Paul M. Smith, Esq.
OGLETREE, DEAKINES, NASH, SMOAK &
STEWART, P.C.
400 South Hope Street, Suite 1200
Los Angeles, CA 90071
Telephone: (213) 239-9800
Facsimile: (213) 239- 9045
E-mail: Alexander.chemers@ogletree.com
Paul.smith@ogletree.com
ACCURATE ENERGETIC: Underpays Production Employees, Wallace Claims
------------------------------------------------------------------
APRIL WALLACE, individually and on behalf of all others similarly
situated, Plaintiff v. ACCURATE ENERGETIC SYSTEMS, LLC, Defendant,
Case No. 3:24-cv-00151 (M.D. Tenn., February 8, 2024) is a class
action against the Defendant for failure to pay all compensable
hours, including overtime, in violation of the Fair Labor Standards
Act.
Ms. Wallace worked as an hourly-paid production employee at the
Defendant's McEwen, Tennessee facilities.
Accurate Energetic Systems, LLC is a manufacturer of explosive
products based in McEwen, Tennessee. [BN]
The Plaintiff is represented by:
Gordon E. Jackson, Esq.
J. Russ Bryant, Esq.
J. Joseph Leatherwood IV, Esq.
JACKSON, SHIELDS, YEISER, HOLT OWEN & BRYANT
262 German Oak Drive
Memphis, TN 38018
Telephone: (901) 754-8001
Facsimile: (901) 754-8524
E-mail: gjackson@jsyc.com
rbryant@jsyc.com
jleatherwood@jsyc.com
ACTELION PHARMA: GEHA Seeks Leave to File Class Cert. Reply
-----------------------------------------------------------
In the class action lawsuit captioned as GOVERNMENT EMPLOYEES
HEALTH ASSOCIATION ("GEHA"), on behalf of itself and all others
similarly situated, v. ACTELION PHARMACEUTICALS LTD., et al., Case
No. 1:18-cv-03560-GLR (D. Md.), GEHA moves the Court for leave to
file its Reply in Support of Motion for Class Certification and
exhibits provisionally under seal.
The Stipulated Protective Order provides that the party seeking to
file documents under seal must simultaneously submit a
proposed "order pursuant to Local Rule 105.11 of this Court."
Actelion is a pharmaceuticals and biotechnology company.
A copy of the Plaintiff's motion dated Jan. 23, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=D8ODaR at no extra
charge.[CC]
The Plaintiff is represented by:
Sharon K. Robertson, Esq.
Donna M. Evans, Esq.
Aaron J. Marks, Esq.
Joseph M. Sellers, Esq.
COHEN MILSTEIN SELLERS & TOLL
88 Pine Street, 14th Floor
New York, NY 10005
Telephone: (212) 838-7797
Facsimile: (212) 838-7745
E-mail: srobertson@cohenmilstein.com
devans@cohenmilstein.com
amarks@cohenmilstein.com
jsellers@cohenmilstein.com
- and -
Thomas M. Sobol, Esq.
Hannah Schwarzschild, Esq.
Erin C. Burns, Esq.
Rachel A. Downey, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
1 Faneuil Hall Sq., 5th Floor
Boston, MA 02109
Telephone: (617) 482-3700
Facsimile: (617) 482-3003
E-mail: tom@hbsslaw.com
hannahs@hbsslaw.com
erinb@hbsslaw.com
racheld@hbsslaw.com
- and -
John D. Radice, Esq.
A. Luke Smith, Esq.
Rishi Raithatha, Esq.
RADICE LAW FIRM PC
475 Wall Street Princeton, NJ 08540
Telephone: (267) 570-3000
Facsimile: (609) 385-0745
E-mail: jradice@radicelawfirm.com
lsmith@radicelawfirm.com
rraithatha@radicelawfirm.com
- and -
Archana Tamoshunas, Esq.
TAUS, CEBULASH & LANDAU, LLP
123 William Street, Suite 1900A
New York, NY 10038
Telephone: (646) 873-7651
E-mail: atamoshunas@tcllaw.com
ADTALEM GLOBAL: Settles Versetto Consumer Fraud Suit
----------------------------------------------------
Adtalem Global Education Inc. disclosed in its Form 10-Q report for
the quarterly period ended December 31, 2023, filed with the
Securities and Exchange Commission on January 30, 2024, that on May
4, 2022, the Appellate Court of Illinois, First District affirmed
the Circuit Court of Cook County's approval of a settlement to a
putative class action lawsuit filed on April 13, 2018 by Nicole
Versetto, individually and on behalf of others similarly situated,
against Adtalem, DeVry University Inc., and DeVry/New York Inc. in
the Circuit Court of Cook County, Illinois, Chancery Division.
The $44.95 million settlement fund was reduced by $8.92 million
(received by Adtalem on July 18, 2023) reflecting an offset of
amounts paid.
The complaint was filed on behalf of herself and three separate
classes of similarly situated individuals who were citizens of the
State of Illinois and who purchased or paid for a DeVry University
program between January 1, 2008 and April 8, 2016. The plaintiff
claimed that defendants made false or misleading statements
regarding DeVry University's graduate employment rate and asserts
causes of action under the Illinois Uniform Deceptive Trade
Practices Act, Illinois Consumer Fraud and Deceptive Trade
Practices Act, and Illinois Private Business and Vocational Schools
Act, and claims of breach of contract, fraudulent
misrepresentation, concealment, negligence, breach of fiduciary
duty, conversion, unjust enrichment, and declaratory relief as to
violations of state law.
The plaintiff sought compensatory, exemplary, punitive, treble, and
statutory penalties and damages, including pre-judgment and
post-judgment interest, in addition to restitution, declaratory and
injunctive relief, and attorneys' fees. The plaintiff later filed
an amended complaint asserting similar claims with a new lead
plaintiff, Dave McCormick. After discussions among the parties, the
court granted a Motion for Preliminary Approval of Class Action
Settlement on May 28, 2020. In conjunction with the McCormick
Settlement, Adtalem was required to establish a settlement fund by
placing $44.95 million into an escrow account, which was recorded
within prepaid expenses and other current assets on the
Consolidated Balance Sheets. The court issued an order approving
the McCormick Settlement on October 7, 2020 and dismissed the
action with prejudice.
Adtalem is into post-secondary education and a provider of
professional talent to the healthcare industry. Its schools consist
of Chamberlain University, Walden University, American University
of the Caribbean School of Medicine, Ross University School of
Medicine and Ross University School of Veterinary Medicine.
ALBERTSONS COMPANIES: Faces Kamel TCPA Suit in C.D. California
--------------------------------------------------------------
A class action lawsuit has been filed against Albertsons Companies,
Inc. The case is captioned as ANTHONY KAMEL, individually and on
behalf of all others similarly situated v. ALBERTSONS COMPANIES,
INC., Case No. 8:24-cv-00270 (C.D. Cal., February 8, 2024).
The case arises from the Defendant's violation of the Telephone
Consumer Protection Act.
Albertsons Companies, Inc. is an American grocery company,
headquartered in Boise, Idaho. [BN]
The Plaintiff is represented by:
John R. Habashy, Esq.
LEXICON LAW PC
633 West Fifth Street 28th Floor
Los Angeles, CA 90071
Telephone: (213) 233-5900
Facsimile: (888) 373-2107
E-mail: john@lexiconlaw.com
ALEX ADRIAN MOLINAROLI: 7th Cir. Affirms Dismissal of Gumm Suit
---------------------------------------------------------------
Johnson Controls International PLC disclosed in its Form 10-Q for
the quarterly period ended June 30, 2023, filed with the Securities
and Exchange Commission on August 3, 2023, that on November 3,
2021, the court granted the company's motion to dismiss an amended
complaint captioned "Gumm v. Molinaroli, et al.," where plaintiffs
appealed to the United States Court of Appeals for the Seventh
Circuit. On November 6, 2023, the Seventh Circuit affirmed the
decision of the district court.
Plaintiffs have appealed to the United States Court of Appeals for
the Seventh Circuit after having been dismissed on November 3, 2021
after the court granted the company's motion to dismiss an amended
complaint. Alex Adrian Molinaroli served as Chief Executive Officer
of Johnson Controls, from 2013 through 2017.
On August 16, 2016, Case No. 16-cv-1093 was filed in the United
States District Court for the Eastern District of Wisconsin, naming
Johnson Controls, Inc., the individual members of its board of
directors at the time of the merger with the company's merger
subsidiary and certain of its officers, the company and the
company's merger subsidiary as defendants. The complaint asserted
various causes of action under the federal securities laws, state
law and the Taxpayer Bill of Rights, including that the individual
defendants allegedly breached their fiduciary duties and unjustly
enriched themselves by structuring the merger among the Company,
Tyco and the merger subsidiary in a manner that would result in a
United States federal income tax realization event for the putative
class of certain Johnson Controls, Inc. shareholders and allegedly
result in certain benefits to the defendants, as well as related
claims regarding alleged misstatements in the proxy
statement/prospectus distributed to the Johnson Controls, Inc.
shareholders, conversion and breach of contract.
The complaint also asserted that Johnson Controls, Inc., the
Company and the company's merger subsidiary aided and abetted the
individual defendants in their breach of fiduciary duties and
unjust enrichment. The complaint seeks, among other things,
disgorgement of profits and damages. Plaintiffs filed an amended
complaint on February 15, 2017.
Johnson Controls International PLC, headquartered in Cork, Ireland,
is into engineering, manufacturing, commissioning and retrofitting
building products and systems, including residential and commercial
heating, ventilating, air-conditioning equipment, industrial
refrigeration systems, controls, security systems, fire-detection
systems and fire-suppression solutions.
ALL SEASONS: Fails to Pay Proper Wages, Hernandez Suit Says
-----------------------------------------------------------
JOSE HERNANDEZ, on behalf of himself and all other persons
similarly situated, Plaintiff v. ALL SEASONS LANDSCAPING, INC. and
FRANCESCO S. ABBONDANDOLO a/k/a FRANK ABBONDANDOLO, Defendants,
Case No. 2:24-cv-01053 (E.D.N.Y., February 10, 2024) alleges that
the Defendants failed to pay proper wages in violation of the Fair
Labor Standards Act and the New York Labor Law Articles 6 and 19,
and the supporting New York State Department of Labor Regulations.
The Plaintiff was employed by Defendants as a laborer from in or
about May 2022 to in or about October 2023. Throughout his
employment with Defendants, Plaintiff regularly worked more than 40
hours in a single workweek. However, Defendants paid Plaintiff a
fixed, daily rate of $170 regardless of the actual number of hours
worked each workweek. His weekly wages were determined by the
number of days he worked weekly, regardless of the actual number of
hours that Plaintiff worked each workweek. As a result, Defendants
failed to pay him at the rate of one and one-half times his regular
rate of pay for hours worked after 40 hours per workweek, says the
suit.
Based in Nassau County, All Seasons Landscaping, Inc. provides
landscaping services including landscape maintenance. [BN]
The Plaintiff is represented by:
Peter A. Romero, Esq.
ROMERO LAW GROUP PLLC
490 Wheeler Road, Suite 250
Hauppauge, NY 11788
Telephone: (631) 257-5588
E-mail: Promero@RomeroLawNY.com
AMAZON.COM INC: Napoleon Balks at Prime's Illegal Subscription Fee
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WILBERT NAPOLEON, individually and on behalf of all others
similarly situated, Plaintiff v. AMAZON.COM, INC., Defendant, Case
No. 2:24-cv-00186 (W.D. Wash., February 9, 2024) is a class action
against the Defendant for breach of contract, breach of express
warranty, quasi-contract, violations of the Washington Consumer
Protection Act, California's False Advertising Law, California's
Consumer Legal Remedies Act, and California's Unfair Competition
Law.
The case arises from the Defendant's false, deceptive, and
misleading advertising and marketing of Amazon Prime subscription
service. The Plaintiff and similarly situated consumers purchased
the Prime subscription service because it included ad-free
streaming of movies and television shows. However, the Defendant
changed the deal last month and its customers must now pay an
additional $2.99 per month to stream movies and tv shows without
ads. Amazon's false advertisements harm customers by depriving them
of the reasonable expectations to which they are entitled, says the
suit.
Amazon.com, Inc. is a multinational technology company, with its
principal place of business in Seattle, Washington. [BN]
The Plaintiff is represented by:
Christin Cho, Esq.
Jonas B. Jacobson, Esq.
Simon Franzini, Esq.
DOVEL & LUNER, LLP
201 Santa Monica Blvd., Suite 600
Santa Monica, CA 90401
Telephone: (310) 656-7066
Facsimile: (310) 656-7069
E-mail: christin@dovel.com
jonas@dovel.com
simon@dovel.com
AMAZON.COM INC: Tricks Consumers to Buy Pricey Items, Taylor Says
-----------------------------------------------------------------
JEFFREY TAYLOR and ROBERT SELWAY, on behalf of themselves and all
others similarly situated, Plaintiffs v. AMAZON.COM, INC.,
Defendant, Case No. 2:24-cv-00169 (W.D. Wash., February 8, 2024) is
a class action against the Defendant for violations of the
Washington Consumer Protection Act.
According to the complaint, the Defendant is engaged in unfair or
deceptive acts or practices by employing the Buy Box algorithm to
confuse or deceive the Plaintiffs and similarly situated consumers
to purchase higher priced offers despite the availability of lower
priced offers for the same product with equal or better estimated
delivery times. The Plaintiffs and Class members have suffered an
injury in fact, including an overpayment caused by Amazon placing
higher priced offers in the Buy Box and thereby obscuring lower
priced offers for the same product at equivalent or better delivery
times.
Amazon.com, Inc. is an online retail company with its principal
headquarters in Seattle, Washington. [BN]
The Plaintiffs are represented by:
Steve Berman, Esq.
Barbara Mahoney, Esq.
Meredith S. Simons, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
1301 Second Avenue, Suite 2000
Seattle, WA 98101
Telephone: (206) 623-7292
Facsimile: (206) 623-0594
E-mail: steve@hbsslaw.com
barbaram@hbsslaw.com
merediths@hbsslaw.com
AMERICAN AIRLINES: Nachison Balks at Reward Program Termination
---------------------------------------------------------------
ARI NACHISON and SHANNA NACHISON, on behalf of themselves and all
others similarly situated, Plaintiffs v. AMERICAN AIRLINES, INC.,
Defendant, Case No. 5:24-cv-00530-VKD (N.D. Cal., Jan. 29, 2024)
arises from American Airlines' wrongful and unilateral termination
of AAdvantage program accounts of Plaintiff and class of similarly
situated members, resulting in the loss of airline miles benefits
that had been accrued based on previous purchases, and which
carried monetary value.
On May 1, 1981, American Airlines launched a frequent flyer reward
program called the AAdvantage program to encourage customer
loyalty. In 2021, the Company boasted that AAdvantage included 115
million members.
According to the complaint, on February 10, 2020, Plaintiff
Nachison had his AAdvantage account unilaterally terminated by
American Airlines and was forced to forfeit approximately 564,463
airline lawfully accrued award miles, including award miles already
spent for upcoming flights.
On January 30, 2020, Plaintiff Nachison had her AAdvantage account
also unilaterally terminated by the Defendant and was forced to
forfeit approximately 550,664 lawfully accrued airline award
miles.
As a direct result of American Airlines' breach of contract,
Plaintiffs suffered actual damages in the form of lost miles, which
carry monetary value and required the expenditure of money to earn,
and incurred reasonable and foreseeable economic harm, says the
suit.
American Airlines, Inc. is one of the world's largest airlines and
is the largest airline in the United States.[BN]
The Plaintiffs are represented by:
Alex R. Straus, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
280 S. Beverly Drive, PH Suite
Beverly Hills, CA 90212
Telephone: (866) 252-0878
Facsimile: (615) 921-6501
E-mail: astraus@milberg.com
- and -
William A. Ladnier, Esq.
Virginia Ann Whitener, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
800 Gay Street, Suite 1100
Knoxville, TN 37929
Telephone: (865) 247-0080
E-mail: wladnier@milberg.com
gwhitener@milberg.com
AMERICAN EXPRESS: Appeals Class Cert Ruling in Oliver Suit
----------------------------------------------------------
American Express Co. disclosed in its Form 10-K Report for the
fiscal period ending December 31, 2023 filed with the Securities
and Exchange Commission on February 9, 2024, that the Company's
class certification decision appeal on the Anthony Oliver class
suit is pending in the United States District Court for the Eastern
District of New York.
On January 29, 2019, we were named in a putative class action
brought in the United States District Court for the Eastern
District of New York, captioned Anthony Oliver, et al. v. American
Express Company and American Express Travel Related Services
Company Inc., in which the plaintiffs are holders of MasterCard,
Visa and/or Discover credit and/or debit cards (but not American
Express cards) and allege they paid higher prices as a result of
our anti-steering and non-discrimination provisions in violation of
federal antitrust law and the antitrust and consumer laws of
various states.
Plaintiffs seek unspecified damages and other forms of relief.
The court dismissed plaintiffs' federal antitrust claim, numerous
state antitrust and consumer protection claims and their unjust
enrichment claim.
For the remaining state antitrust or consumer protection claims,
the court certified classes for (i) holders of Visa and MasterCard
debit cards in eight states and Washington, D.C.; and (ii) holders
of Visa, MasterCard and Discover credit cards that do not offer
rewards or charge an annual fee in two states and Washington, D.C.
The Company appealed the court's class certification decisions.
American Express is an American bank holding company and
multinational financial services corporation that specializes in
payment cards.
AMERICAN EXPRESS: Seeks Reconsideration of Jan. 9 Order
--------------------------------------------------------
In the class action lawsuit captioned as ANTHONY OLIVER, TERRY
GAYLE QUINTON, SHAWN O’KEEFE, ANDREW AMEND, SUSAN BURDETTE,
GIANNA VALDES, DAVID MOSKOWITZ, ZACHARY DRAPER, NATE THAYER,
MICHAEL THOMAS REID, ALLIE STEWART, ANGELA CLARK, JOSEPH REALDINE,
RICKY AMARO, ABIGAIL BAKER, JAMES ROBBINS IV, EMILY COUNTS, DEBBIE
TINGLE, NANCITAYLOR MADDUX, SHERIE MCCAFFREY, MARILYN BAKER, WYATT
COOPER, ELLEN MAHER, SARAH GRANT and GARY ACCORD, on behalf of
themselves and all others similarly situated, v. AMERICAN EXPRESS
COMPANY and AMERICAN EXPRESS TRAVEL RELATED SERVICES COMPANY, INC.,
Case No. 1:19-cv-00566-NGG-SJB (E.D.N.Y.), the Defendants move the
Court for reconsideration of portions of the Court's Jan. 9, 2024
Memorandum and Order.
American Express Company is an American bank holding company.
A copy of the Defendants' motion dated Jan. 23, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=spE5fI at no extra
charge.[CC]
The Defendants are represented by:
Peter T. Barbur, Esq.
Kevin J. Orsini, Esq.
CRAVATH, SWAINE & MOORE LLP,
Worldwide Plaza
825 Eighth Avenue
New York, NY 10019
Telephone: (212) 474-1000
E-mail: pbarbur@cravath.com
korsini@cravath.com
AMERICAN FAMILY: Durham Contract Suit Removed to M.D. Tennessee
---------------------------------------------------------------
The case styled LINDA PERRY DURHAM, as next friend of Brady Louise
Perry, individually and on behalf of all others similarly situated
v. AMERICAN FAMILY LIFE ASSURANCE COMPANY OF COLUMBUS, et al., Case
No. 09-00024, was removed from the Circuit Court of Lawrence County
to the U.S. District Court for the Middle District of Tennessee on
February 9, 2024.
The Clerk of Court for the Middle District of Tennessee assigned
Case No. 1:24-cv-00009 to the proceeding.
The nature of the suit is stated as 110 Contract - Insurance.
American Family Life Assurance Company of Columbus is an insurance
company, headquartered in Georgia. [BN]
The Defendants are represented by:
James T. Williams, Esq.
Xander Assadnia, Esq.
MILLER & MARTIN PLLC
Volunteer Building
832 Georgia Avenue, Suite 1200
Chattanooga, TN 37402
Telephone: (423) 756-6600
Facsimile: (423) 785-8480
E-mail: james.williams@millermartin.com
xander.assadnia@millermartin.com
AMERICAN TEXTILE: Twomey Files Suit Over Sheet Sets' False Ad
-------------------------------------------------------------
DAWN TWOMEY, individually and on behalf of all others similarly
situated, Plaintiff v. AMERICAN TEXTILE COMPANY INCORPORATED,
Defendant, Case No. 8:24-cv-00264-KKM-SPF (M.D. Fla., Jan. 29,
2024) arises from the Defendant's alleged violation of the Florida
Deceptive and Unfair Trade Practices Act due to the false and
deceptive representations and omissions of its Sealy brand sheet
sets.
According to the complaint, the Defendant manufactures and sells
sheet sets represented with a thread count of 1,250 to meet
consumer demand for sheets with higher thread counts. However,
laboratory testing in accordance with ASTM D 3775 determined that
1,250 is false and misleading with respect to the thread count of
Sealy sheet sets. The Plaintiff believed the thread count of the
Sealy sheet set, marketed as 1,250, was accurate or reasonably
accurate, because she had no basis to know of industry practices
which counted plied yarns individually, resulting in inflated
thread counts, says the suit.
The Plaintiff seeks to recover for economic injury and/or loss she
sustained based on the alleged deceptive practice under FDUTPA, by
paying more for it than she otherwise would have.
American Textile Company Inc. manufactures and supplies bedding
products.[BN]
The Plaintiff is represented by:
William Wright, Esq.
THE WRIGHT LAW OFFICE P.A.
515 N Flagler Dr Ste P300
West Palm Beach, FL 33401
Telephone: (561) 514-0904
E-mail: willwright@wrightlawoffice.com
AMERIPRIDE SERVICES: Continues to Defend Cake Love Class Suit
-------------------------------------------------------------
Vestis Corp. disclosed in its Form 10-Q Report for the quarterly
period ending December 29, 2023 filed with the Securities and
Exchange Commission on February 9, 2024, that AmeriPride Services
LLC, a subsidiary of Vestis, continues to defend itself from the
Cake Love Co. suit in the United States District Court for the
District of Minnesota.
On May 13, 2022, Cake Love Co. commenced a putative class action
lawsuit against AmeriPride Services, LLC, a subsidiary of Vestis,
in the United States District Court for the District of Minnesota.
The lawsuit was subsequently updated to add an additional named
plaintiff, Q-Mark Manufacturing, Inc. ("Q-Mark" and, together with
Cake Love, the "Plaintiffs").
Plaintiffs allege that the defendants increased certain pricing
charged to members of the purported class without the proper notice
required by service agreements between AmeriPride and members of
the purported class and that AmeriPride breached the duty of good
faith and fair dealing.
Plaintiffs seek damages on behalf of the purported class
representing the amount of the allegedly improperly noticed price
increases along with attorneys' fees, interest and costs.
The parties have engaged in discovery.
AmeriPride has moved for summary judgment related to Cake Love.
The case is currently stayed pending mediation.
The Company believes it has numerous defenses and intends to
continue to vigorously defend the action.
Vestis Corporation is a provider of uniform rentals and workplace
supplies across the United States and Canada, providing uniforms,
mats, towels, linens, restroom supplies, first-aid supplies,
safety
products and other workplace supplies.
ANCESTRY.COM: March 1 Extension to File Amended Complaint Sought
----------------------------------------------------------------
In the class action lawsuit captioned as ANTHONY SESSA and MARK
SESSA, on behalf of themselves and all others similarly situated,
v. ANCESTRY.COM OPERATIONS INC., a Virginia Corporation;
ANCESTRY.COM INC., a Delaware Corporation; and ANCESTRY.COM LLC, a
Delaware Limited Liability Company, Case No. 2:20-cv-02292-GMN-BNW
(D. Nev.), the Parties ask the Court to enter an order extending
the deadline to file an amended complaint from Jan. 31, 2024 to
March 1, 2024.
On Dec. 17, 2020, the Plaintiffs brought suit alleging that they
were injured when Ancestry stored their personal information in the
Ancestry yearbook database, which was used for a commercial
purpose.
On Feb. 10, 2021, Ancestry moved to dismiss the Plaintiffs'
complaint.
On Sept. 16, 2021, the Court entered an Order granting in part and
denying in part the Defendant's motion to dismiss and finding that
it had personal jurisdiction over Ancestry.
On Dec. 21, 2023, Ancestry brought a motion for reconsideration of
the Court's denial of its motion to dismiss for lack of personal
jurisdiction.
On Jan. 17, 2024, the Court entered an Order granting the motion to
reconsider and dismissing the case for lack of personal
jurisdiction.
Ancestry.com is an American genealogy company.
A copy of the Parties' motion dated Jan. 23, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=Bf6muf at no extra
charge.[CC]
The Plaintiffs are represented by:
Raina C. Borrelli, Esq.
Samuel J. Strauss, Esq.
TURKE & STRAUSS LLP
613 Williamson St., Suite 201
Madison, WI 53703-3515
Telephone: (608) 237-1775
Facsimile: (608) 509-4423
E-mail: raina@turkestrauss.com
sam@turkestrauss.com
- and -
Miles N. Clark, Esq.
KNEPPER & CLARK LLC
5510 So. Fort Apache Rd, Suite 30
Las Vegas, NV 89148
Telephone: (702) 856-7430
Facsimile: (702) 447-8048
E-mail: Miles.Clark@knepperclark.com
- and -
Benjamin R. Osborn, Esq.
LAW OFFICE OF BENJAMIN R. OSBORN
102 Bergen Street
Brooklyn, NY 11201
Telephone: (347) 645-0464
E-mail: ben@benosbornlaw.com
- and -
Michael F. Ram, Esq.
Marie N. Appel, Esq.
MORGAN & MORGAN
COMPLEX LITIGATION GROUP
711 Van Ness Avenue, Suite 500
San Francisco, CA 94102
Telephone: (415) 358-6913
Facsimile: (415) 358-6923
E-mail: mram@forthepeople.com
mappel@forthepeople.com
The Defendants are represented by:
Shon Morgan, Esq.
John W. Baumann, Esq.
Cristina Henriquez, Esq.
QUINN EMANUEL URQUHART &
SULLIVAN, LLP
865 South Figueroa Street, 10th Floor
Los Angeles, CA 90017
Telephone: (213) 443-3000
Facsimile: (213) 443-3100
E-mail: shonmorgan@quinnemanuel.com
jackbaumann@quinnemanuel.com
cristinahenriquez@quinnemanuel.com
- and -
H. Stan Johnson, Esq.
COHEN-JOHNSON, LLC
375 E. Warm Springs Road, Suite 104
Las Vegas, NV 89119
Telephone: (702) 823-2500
Facsimile: (702) 823-3400
E-mail: sjohnson@cohenjohnson.com
ANMOL FOOD: Bid to Conditionally Certify Collective Partially OK'd
------------------------------------------------------------------
In the class action lawsuit captioned as Singh v. Anmol Food Mart,
Inc. et al., Case No. 1:22-cv-05475-RER-JAM (E.D.N.Y.), the Hon.
Judge Ramon E. Reyes, Jr. entered an order partially granting the
Plaintiff's motion to conditionally certify as a collection action,
distribute notice to the putative collective, and to proceed with
discovery to determine whether the case may continue as a class
action under Rule 23.
-- The Plaintiff's request to equitably toll the statute of
limitations is denied.
-- The Defendants have 14 days from this Order to provide
Plaintiff with the requested discovery. Likewise, either thirty
days after receipt of discovery or 36 days from this Order,
whichever is sooner, Plaintiff is to disseminate the Notice. While
the Court authorizes the content and dissemination of the Notice
and reminder postcard, the Plaintiff may not use social media to
post on public pages, QR codes, or Defendants' logo.
The Plaintiff seeks contact information of all past and current
employees who may be eligible to join a class action.
The Plaintiff asserts that throughout his employment, he regularly
worked from 8 AM to 8 PM for seven days a week, totaling 84 hours
per week, during which time he did not have regularly scheduled
meal or rest breaks.
A copy of the Court's memorandum and order dated Jan. 26, 2024 is
available from PacerMonitor.com at https://urlcurt.com/u?l=ENAsHq
at no extra charge.[CC]
ARCHER-DANIELS-MIDLAND: Underpays Fleet Deckhands, Marret Alleges
-----------------------------------------------------------------
TIMOTHY MARRET, individually and on behalf of all others similarly
situated, Plaintiff v. ARCHER-DANIELS-MIDLAND COMPANY, Defendant,
Case No. 1:24-cv-01167 (N.D. Ill., February 9, 2024) is a class
action against the Defendant for failure to pay overtime wages in
violation of the Fair Labor Standards Act.
Mr. Marret has worked for the Defendant as a fleet deckhand in and
around Mount Vernon, Indiana since approximately January 2021.
Archer-Daniels-Midland Company is an American multinational food
processing and commodities trading corporation, headquartered in
Chicago, Illinois. [BN]
The Plaintiff is represented by:
Douglas M. Werman, Esq.
Maureen A. Salas, Esq.
WERMAN SALAS P.C.
77 W. Washington St., Suite 1402
Chicago, IL 60602
Telephone: (312) 419-1008
E-mail: dwerman@flsalaw.com
msalas@flsalaw.com
- and -
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
JOSEPHSON DUNLAP, LLP
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Telephone: (713) 352-1100
Facsimile: (713) 352-3300
E-mail: mjosephson@mybackwages.com
adunlap@mybackwages.com
- and -
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH, PLLC
11 Greenway Plaza, Suite 3025
Houston, TX 77046
Telephone: (713) 877-8788
Facsimile: (713) 877-8065
E-mail: rburch@brucknerburch.com
ARDEN CLAIMS: Sauray Sues Over Disclosure of Personal Info
----------------------------------------------------------
EVAN SAURAY, on behalf of himself individually and on behalf of all
others similarly situated, Plaintiff v. ARDEN CLAIMS SERVICE LLC,
Defendant, Case No. 2:24-cv-00645 (E.D.N.Y., Jan. 29, 2024) is a
class action arising from a recent cyberattack resulting in a data
breach of sensitive information of Plaintiff and all others
similarly situated consumers in the possession and custody and/or
control of Defendant.
According to the complaint, the data breach resulted in the
unauthorized disclosure, exfiltration, and theft of consumers'
highly personal information, including names and Social Security
numbers ("personal identifying information" or "PII"). Due to
Defendant's obfuscating language, it is unclear how long the
cybercriminals had unfettered access to the Plaintiff's and the
Class' private information before Defendant finally discovered the
breach, says the suit.
The Defendant's alleged failure to timely detect and report the
data breach made its consumers vulnerable to identity theft without
any warnings to monitor their financial accounts or credit reports
to prevent unauthorized use of their PII. Accordingly,
Plaintiff, on his own behalf and on behalf of a class of similarly
situated individuals, brings this lawsuit seeking injunctive
relief, damages, and restitution, together with costs and
reasonable attorneys' fees, the calculation of which will be based
on information in Defendant's possession.
Arden Claims Service LLC is a boutique class action settlement
administrator.[BN]
The Plaintiff is represented by:
James J. Bilsborrow, Esq.
WEITZ & LUXENBERG, PC
700 Broadway
New York, NY 10003
Telephone: (212) 558-5500
E-mail: jbilsborrow@weitzlux.com
- and -
Samuel J. Strauss, Esq.
Raina Borrelli, Esq.
613 Williamson Street, Suite 201
Madison, WI 53703
Telephone: (608) 237-1775
Facsimile: (608) 509-4423
E-mail: sam@turkestrauss.com
raina@turkestrauss.com
AURA GENETICS: Sends Unsolicited Sales Calls, Alexander Suit Says
-----------------------------------------------------------------
A class action lawsuit has been filed against Aura Genetics, LLC,
et al. The case is captioned as CATHY ALEXANDER, individually and
on behalf of all others similarly situated v. AURA GENETICS, LLC,
et al., Case No. 6:24-cv-00286 (M.D. Fla., February 8, 2024).
The case arises from the Defendants' violation of the Telephone
Consumer Protection Act.
Aura Genetics, LLC is a clinical laboratory services provider in
Ohio. [BN]
The Plaintiff is represented by:
Ryan Lee McBride, Esq.
KAZEROUNI LAW GROUP, APC
2221 Camino Del Rio South, Suite 101
San Diego, CA 92108
Telephone: (800) 400-6808
E-mail: ryan@kazlg.com
AXSOME THERAPEUTICS: Giblin, et al., Appointed as Lead Plaintiffs
-----------------------------------------------------------------
In the class action lawsuit captioned as EVY GRU, et al., v. AXSOME
THERAPEUTICS, INC., et al., Case No. 1:22-cv-03925-LGS (S.D.N.Y.),
the Hon. Judge Lorna G. Schofield entered an order:
-- appointing Thomas Giblin, Paul Berger and Paul Sutherland as
lead
plaintiffs, and
-- appointing Pomerantz and Rosen Law as co-lead counsel.
This action was originally commenced by Evy Gru, on behalf of
himself and all others similarly situated, against Defendants
Axsome and certain of its officers, alleging violations of sections
10(b) and 20(a) of the Exchange Act, as amended by the PSLRA, and
Rule 10b-5 promulgated thereunder, 17 C.F.R. section 240.10b-5
The Nov. 15, 2023, order reopening the lead plaintiff appointment
process required the publication of a new statutory notice within
five days and the filing of any motion for appointment as lead
plaintiff within 21 days of the notice.
On Nov. 16, 2023, statutory notice was published in a national wire
service. On Dec. 7, 2023, the Investor Group moved for appointment
as lead plaintiff. On Dec. 28, 2023, the Investor Group filed a
notice stating that no competing motions seeking appointment as
lead plaintiff had been timely filed.
Axsome is a biopharmaceutical company developing novel therapies
for the management of central nervous system (CNS) disorders for
which there are limited treatment options.
A copy of the Court's order dated Jan. 22, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=9WARE8 at no extra
charge.[CC]
BARONHR WEST: Flores-Lopez Sues Over Labor Law Breaches
-------------------------------------------------------
ELIZABETH FLORES-LOPEZ, individually and on behalf of all others
similarly situated, Plaintiff v. BARONHR WEST, INC., a Corporation;
BELLA + CANVAS, LLC., a Limited Liability Company; and DOES 1-20,
inclusive, Defendant, Case No. 24STCV03435 (Cal. Super., Los
Angeles Cty., February 9, 2024) accuses the Defendant of violating
the California Labor Code and relevant Industrial Welfare
Commission Wage Orders.
Plaintiff Elizabeth Flores-Lopez was employed by Defendants as a
production seamstress from approximately February 2022 to February
23, 2023 at Bell+Canvas at the Los Angeles location was and is paid
in whole or in part on an hourly basis. Allegedly, Plaintiff was
subjected to the Defendants' uniform policy and systematic scheme
of wage abuse, including depriving Plaintiff of uninterrupted
thirty-minute meal periods for work periods of at least five hours;
depriving Plaintiff of ten-minute rest periods for work periods of
four hours or major fractions; failing to compensate Plaintiff for
all hours worked, including overtime wages; failing to provide
timely, accurate itemized wage statements; and failing to pay,
within the time constraints imposed by applicable laws, all earned
compensation at separation of employment.
Headquartered in Anaheim, CA, BaronHR West, Inc. is a staffing
agency that specializes in the placement of job seekers with
various employers. [BN]
The Plaintiff is represented by:
Christopher Adams, Esq.
Vache A. Thomassian, Esq.
Caspar Jivalagian, Esq.
Levon S. Yepremian, Esq.
KJT LAW GROUP LLP
230 N. Maryland Ave. Suite 306
Glendale, CA 91206
Telephone: (818) 507-8525
E-mail: chris@kjtlawgroup.com
vache@kjtlawgroup.com
caspar@kjtlawgroup.com
Levon@kjtlawgroup.com
BAY AREA COMMUNITY: Khan Sues Over Unlawful Pay Practices
---------------------------------------------------------
SHAHISTA KHAN, an individual, on behalf of herself and others
similarly situated, Plaintiff v. BAY AREA COMMUNITY HEALTH, a
California nonprofit corporation; and DOES 1 through 50, inclusive,
Defendants, Case No. 24CV063415 (Cal. Super., Alameda Cty.,
February 9, 2024) accuses the Defendants of violating the
California Labor Code and California Business and Professions Code
by implementing unlawful pay policies and practices.
The Plaintiff worked as a medical assistant at one of Defendants'
facilities and locations in Fremont, CA. During the course of her
employment with Defendants, she was not paid all wages she was
owed, including for all work performed resulting in "off the clock"
work and for all her overtime hours worked, or was not paid at the
correct rates. In addition, the Defendants have regularly required
Plaintiff to incur necessary business expenses in the course of
performing her required job duties without reimbursement, says the
suit.
Bay Area Community Health operates various medical facilities in
California. [BN]
The Plaintiff is represented by:
Emil Davtyan, Esq.
David Yeremian, Esq.
Alvin B. Lindsay, Esq.
Tania Fonseca, Esq.
D.LAW,INC.
880 E Broadway
Glendale, CA 91205
Telephone: (818) 962-6465
Facsimile: (818) 962-6469
E-mail: emil@d.law
d.yeremian@d.law
a.lindsay@d.law
t.fonseca@d.law
BELLINGHAM, WA: Initial Disclosure in Stodola Suit Due March 5
--------------------------------------------------------------
In the class action lawsuit captioned as MATTHEW STODOLA et al., v.
CITY OF BELLINGHAM et al., Case No. 2:24-cv-00004-TL (W.D. Wash.),
the Hon. Judge Tana Lin entered an order setting the following
dates for the initial disclosure and submission of the Joint Status
Report and Discovery Plan:
-- Deadline for FRCP 26(f) Conference: Feb. 20,
2024
-- Initial Disclosures Pursuant to March 5,
2024
FRCP 26(a)(1):
-- Combined Joint Status Report and March 19,
2024
Discovery Plan as Required by
FRCP 26(f) and Local Civil Rule 26(f):
-- All counsel and any pro se Parties are March 19,
2024
directed to confer and provide the Court
with a combined Joint Status Report and
Discovery Plan (the "Report") by:
Bellingham is a coastal city in Washington State, near the Canadian
border.
A copy of the Court's order dated Jan. 22, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=WLOCV6 at no extra
charge.[CC]
BEST TRASH: Macias Sues Over Unpaid Overtime, Retaliation
---------------------------------------------------------
JUAN MACIAS, individually and on behalf of all others similarly
situated, Plaintiff v. BEST TRASH, LLC, BEST TRASH HOLDINGS, LLC,
AND WOLFF RRRTX, INC., Defendants, Case No. 4:24-cv-00330 (S.D.
Tex., Jan. 29, 2024) is a civil action brought under the federal
Fair Labor Standards Act for Defendants' failure to pay all due and
owing wages to Plaintiff and others similarly situated, and
engagement in retaliatory conduct after making complaint.
According to the complaint, the Defendants improperly classified
Plaintiff Macias and similarly situated workers as exempt or as
"day-rate" employees. The Defendants failed to pay Plaintiff Macias
and similarly situated workers an overtime premium for those hours
worked in excess of 40 in a workweek, says the suit.
The Plaintiff and Plaintiff Collective Members seek all damages
available under the FLSA, including a declaratory judgment,
monetary damages including back wages, overtime wages, liquidated
damages, legal and reasonable attorneys' fees and costs, penalties,
and post-judgment interest.
Plaintiff Macias was employed by the Defendants as a truck driver
from April 29, 2016 through August 18, 2023.
Best Trash, LLC provides waste management services.[BN]
The Plaintiff is represented by:
Todd Slobin, Esq.
Sidd Rao, Esq.
SHELLIST LAZARZ SLOBIN LLP
11 Greenway Plaza, Suite 1515
Houston, TX 77046
Telephone: (713) 621-2277
Facsimile: (713) 621-0993
E-mail: tslobin@eeoc.net
srao@eeoc.net
- and -
Billy Robinett, Esq.
FRANZONI, NELSON, & ROBINETT, PLLC
25329 Budde Road, Ste. 704
The Woodlands, TX 77380
Telephone: (281) 459-0701
Facsimile: (888) 861-1304
E-mail: billy@fnr.law
BIOATLA INC: Faces Golla Class Suit in Delaware
-----------------------------------------------
Bioatla Inc. disclosed in its Form 8-K filed with the Securities
and Exchange Commission on February 12, 2024, that the Company
faces the Golla class suit in the Delaware Court of Chancery.
On February 6, 2024, Upendar Golla filed a putative class action
lawsuit against BioAtla, Inc. (the "Company") and the members of
its Board of Directors (the "Board") in the Delaware Court of
Chancery (the "2024 Delaware Litigation").
The lawsuit asserts claims on behalf of a putative class comprised
of all stockholders other than defendants and is captioned Upendar
Golla v. Jay Short et al., C.A. No. 2024-0100-JTL (Del. Ch.).
In his complaint, Mr. Golla contends that certain provisions in the
Company's advance notice bylaws (the "Challenged Provisions") are
invalid and unenforceable and that the members of the Board have
breached their fiduciary duties of care, loyalty and good faith by
adopting the Challenged Provisions.
In addition to seeking declaratory, equitable, and injunctive
relief, Mr. Golla seeks an award of attorneys' fees and other costs
and expenses on behalf of the putative class.
BioAtla Inc. operates as a clinical-stage biopharmaceutical
company. The Company focuses on developing our novel class of
highly specific and selective antibody-based therapeutics for the
treatment of solid tumor cancer. BioAtla serves customers in the
State of California. [BN]
BIOVIE INC: Faces Olmstead Suit Over Parkinson's Meds
-----------------------------------------------------
BioVie Inc. disclosed in its Form 8-K report filed with the
Securities and Exchange Commission on January 19, 2024, that on
January 19, 2024, a purported shareholder class action complaint,
captioned "Eric Olmstead v. BioVie Inc. et al.," Case No.
3:24-cv-00035, was filed in the U.S. District Court for the
District of Nevada, naming BioVie Inc. and certain of its officers
and/or directors as defendants.
The lawsuit alleges that the company made material
misrepresentations and/or omissions of material fact relating to
the company's business, operations, compliance, and prospects,
including information related to the study and trial of its
experimental oral therapy for Parkinson's disease NE3107, in
violation of Sections 10(b) and 20(a) of the Securities Exchange
Act of 1934, as amended, and Rule 10b-5 promulgated thereunder.
The class action is on behalf of purchasers of the company's
securities during the period from August 5, 2021 through November
29, 2023 and seeks unspecified monetary damages on behalf of the
putative class and an award of costs and expenses, including
attorney's fees.
BioVie Pharma is a purpose-based company that develops new
solutions for people with Alzheimer's, Parkinson's and ascites.
BUTTERMILK RANCH: Fails to Pay Proper Minimum Wages, Jones Claims
-----------------------------------------------------------------
TAYLOR JONES, on behalf of herself and all similarly situated
employees, Plaintiff v. BUTTERMILK RANCH, LLC, Defendant, Case No.
3:24-cv-00165 (M.D. Tenn., February 12, 2024) seeks to recover
unpaid minimum wages and to remedy Defendant's violations of the
Fair Labor Standards Act.
Plaintiff Jones worked as a server and barista for Buttermilk Ranch
from approximately January 2023 until approximately August 2023.
Allegedly, the Defendant unlawfully required Jones, as well as
other similarly situated employees, to pay out of pocket for tools
of the trade and to contribute their tips to invalid tip-sharing
arrangements. As a result, Plaintiff and other similarly employees
were denied minimum wages, says the suit.
Buttermilk Ranch, LLC owns and operates a restaurant in Nashville,
TN. [BN]
The Plaintiff is represented by:
Melody Fowler-Green, Esq.
N. Chase Teeples, Esq
YEZBAK LAW OFFICES PLLC
P.O. Box 159033
Nashville, TN 37215
Telephone: (615) 250-2000
Facsimile: (615) 250-2020
E-mail: mel@yezbaklaw.com
teeples@yezbaklaw.com
CAMPING WORLD: Conrad Sues Over Unsolicited Text Messages
---------------------------------------------------------
MICHAEL CONRAD, on behalf of himself and others similarly situated,
Plaintiff v. CAMPING WORLD HOLDINGS, INC., Defendant, Case No.
4:24-cv-00171-SGC (N.D. Ala., February 12, 2024) accuses the
Defendant of violating the Telephone Consumer Protection Act.
Plaintiff Conrad alleges that the Defendant routinely violates TCPA
by delivering, or causing
to be delivered, more than one advertisement or marketing text
message to residential telephone numbers registered with the
National Do-Not-Call Registry without prior express invitation or
permission required by the law.
Headquartered in Illinois, Camping World Holdings, Inc. sells
recreational vehicles, recreational vehicle parts, and recreational
vehicle service. The company also sells supplies for camping. [BN]
The Plaintiff is represented by:
J. Matthew Stephens, Esq.
METHVIN, TERRELL, YANCEY, STEPHENS & MILLER, P.C
2201 Arlington Avenue South
Birmingham, AL 35205
Telephone: (205) 939-0199
E-mail: mstephens@mtattorneys.com
- and -
Michael L. Greenwald, Esq.
GREENWALD DAVIDSON RADBIL PLLC
5550 Glades Road, Suite 500
Boca Raton, FL 33431
Telephone: (561) 826-5477
E-mail: mgreenwald@gdrlawfirm.com
- and -
Anthony I. Paronich, Esq.
PARONICH LAW, P.C.
350 Lincoln Street, Suite 2400
Hingham, MA 02043
Telephone: (617) 485-0018
Facsimile: (508) 318-8100
E-mail: anthony@paronichlaw.com
CANOPY GROWTH: Continues to Defend Asmaro Class Suit
----------------------------------------------------
Canopy Growth Corp. disclosed in its Form 10-K Report for the
annual period ending December 31, 2023 filed with the Securities
and Exchange Commission on February 9, 2024, that the Company
continues to defend itself from the Asmaro class suit in the
Supreme Court of British Columbia.
On June 15, 2023, an ostensible shareholder commenced a putative
class action (Asmaro v. Canopy Growth Corporation et al., Court
File No. VLC-S-S-234351) against the Company and two of its
officers in the Supreme Court of British Columbia on behalf of a
putative class of all persons and entities who purchased or
otherwise acquired securities of the Company between August 6, 2021
and May 10, 2023.
The lawsuit alleges that the Company's disclosures contained
misrepresentations within the meaning of the Securities Act
(British Columbia), that certain officers authorized, permitted, or
acquiesced in the release of the impugned disclosures, and that all
of the defendants are liable for damages to the putative class.
The plaintiff seeks an unspecified amount of damages.
In May 2023, in connection with the Company's internal review of
the financial reporting matters related to BioSteel, as previously
disclosed in the Annual Report (the "BioSteel Review"), the Company
voluntarily self-reported to the SEC that the timing and amount of
revenue recognition in the BioSteel segment were under review.
As a result of self-reporting the BioSteel Review, the Company is
the subject of an ongoing investigation by the SEC. Although the
Company is fully cooperating with the SEC and continues to
voluntarily respond to requests in connection with this matter, it
cannot predict when such matters will be completed or the outcome
and potential impact.
Any remedial measures, sanctions, fines or penalties, including,
but not limited to, financial penalties and awards, injunctive
relief and compliance conditions, imposed on the Company in
connection with this matter could have a material adverse impact on
its business, financial condition and results of operations.
As a result of self-reporting the BioSteel Review, the Company is
the subject of an investigation by the SEC and an ongoing informal
inquiry by regulatory authorities in Canada, and it cannot predict
the timing of developments, and any adverse outcome of these
continuing matters could have a material adverse effect on the
Company under Item 1A of the Annual Report.
On December 29, 2023, a Request for Arbitration was made
identifying the Company, one of its subsidiaries, and another
entity as respondents.
The Claimant seeks damages in the amount of USD $32,666,667 against
the respondents based on alleged breaches of a Share Purchase
Agreement ("SPA"), including breaches of the duty of good faith and
honest performance in relation to certain milestone payments in the
SPA.
The Company denies any alleged misconduct and liability for each of
the claims asserted in the above-noted Court and Arbitral
Proceedings, believes that the defendants/respondents have
meritorious defenses to the claims, and expects to vigorously
defend the claims, although the Company cannot predict when or how
they will be resolved or estimate what the potential loss or range
of loss would be, if any.
Canopy Growth Corporation is a publicly traded corporation,
incorporated in Canada, with its head office located at 1 Hershey
Drive, Smiths Falls, Ontario. It is into the production,
distribution and sale of a diverse range of cannabis and
cannabinoid-based products for both adult-use and medical purposes
under a portfolio of distinct brands in Canada.
CANOPY GROWTH: To File Dismissal Bid by March 7
-----------------------------------------------
Canopy Growth Corp. disclosed in its Form 10-K Report for the
annual period ending December 31, 2023 filed with the Securities
and Exchange Commission on February 9, 2024, that the first amended
complaint dismissal motion filing is anticipated on or before March
7, 2024.
On May 23, 2023, an ostensible shareholder commenced a putative
class action (Turpel v. Canopy Growth Corporation, et al., Case No.
1:23-cv-043022-PAE) against the Company and two of its officers in
the U.S. District Court for the Southern District of New York on
behalf of persons and entities that purchased or otherwise acquired
the Company's securities between May 31, 2022 and May 10, 2023,
alleging violations of U.S. federal securities laws.
Two similar cases were subsequently filed, captioned as Kantner v.
Canopy Growth Corporation, et al., Case No. 1:23-cv-06266-PAE and
Allen v. Canopy Growth Corporation, et al., Case No.
1:23-cv-05891-PAE.
On November 30, 2023, the U.S. District Court for the Southern
District of New York consolidated the Turpel, Kantner and Allen
actions (captioned as "In re Canopy Growth Securities Litigation,
No. 23-cv-04302") and appointed Chen Li as lead plaintiff.
On January 22, 2024, the lead plaintiff filed a first amended
complaint against the Company and certain of its current and former
officers, alleging claims on behalf of persons and entities that
purchased or otherwise acquired the Company's securities between
November 5, 2021 and June 22, 2023.
The first amended complaint alleges that the Company made false or
misleading statements and omissions regarding BioSteel's revenue,
performance and operations, and the Company's internal controls
over accounting and financial reporting in violation of Sections
10(b) and 20(a) of the Exchange Act and Rule 10b-5 promulgated
thereunder.
The lead plaintiff seeks an unspecified amount of damages,
attorneys' fees and costs, and other relief.
The Company anticipates filing a motion to dismiss the first
amended complaint on or before March 7, 2024.
Canopy Growth Corporation is a publicly traded corporation,
incorporated in Canada, with its head office located at 1 Hershey
Drive, Smiths Falls, Ontario. It is into the production,
distribution and sale of a diverse range of cannabis and
cannabinoid-based products for both adult-use and medical purposes
under a portfolio of distinct brands in Canada.
CANVAS ENERGY: Wake PRSA Suit Seeks to Certify Settlement Class
---------------------------------------------------------------
In the class action lawsuit captioned as Wake Energy LLC, on behalf
of itself and all others similarly situated, v. Canvas Energy, LLC,
f/k/a Chaparral Energy, L.L.C., Case No. 5:22-cv-00822-G (W.D.
Okla.), the Plaintiff asks the Court to enter an order:
(1) certifying the Settlement Class for Settlement purposes:
"All non-excluded persons or entities who: (1) (A) received
late payments under the Production Revenue Standards Act
("PRSA") from Defendant (or Defendant's designee) for
oil-and-
gas proceeds from Oklahoma wells, (B) or whose proceeds were
remitted to unclaimed property divisions of any government
entity by Defendant; and (2) whose payments or whose
unclaimed
property did not include the statutory interest required by
the
PRSA;"
Excluded from the Class are: (1) Defendant, its affiliates,
predecessors, and employees, officers, and directors; and
(2)
agencies, departments, or instrumentalities of the State of
Oklahoma or United States of America, including any Indian
tribe as defined at 30 U.S.C. section 1702(4) or Indian
allottee as defined at 30 U.S.C. section 1702(2); (3) Alta
Mesa
Resources, LP, and (4) Oklahoma Energy Acquisitions, LP;
(2) preliminarily approving the Settlement;
(3) appointing the Plaintiff as Class Representative for the
Settlement Class;
(4) Appointing Brady L. Smith and Harry "Skeeter" Jordan of
Brady
Smith Law, PLLC and Randy Smith of Randy C. Smith and
Associates as Co-Lead Class Counsel;
(5) Approving the form and manner of the proposed Notice;
(6) Appointing Kroll, LLC as Settlement Administrator;
(7) Appointing Western Alliance Bank as Escrow Agent; and
(8) Setting a hearing date for final approval of the Settlement
and
application for an award of Plaintiff’s Attorneys' Fees,
Litigation Expenses and Administration, Notice, and
Distribution Costs, and a Case Contribution Award to
Plaintiff.
After more than a year of litigation, the Plaintiff has obtained an
outstanding recovery for the Settlement Class.
Specifically, the Plaintiff has reached a settlement worth $4.5
million in cash for Plaintiff's class claims for statutory interest
owed on late payments of oil-and-gas proceeds under Oklahoma law.
Additionally, the Plaintiff has obtained substantial future
benefits for the Settlement Class by obtaining an agreement from
Canvas Energy LLC that it will implement procedures to comply with
the timing and interest requirements of the PRSA.
The Plaintiff initiated this case on Sept. 16, 2022, with the
filing of the Complaint, in which the Plaintiff alleged that the
Defendant violated the PRSA.
Canvas Energy provides exploration and production services.
A copy of the Plaintiff's motion dated Jan. 23, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=8J0Wnr at no extra
charge.[CC]
The Plaintiff is represented by:
Brady L. Smith, Esq.
Harry "Skeeter" Jordan, Esq.
BRADY SMITH LAW, PLLC
One Leadership Square, Suite 1320 211 N. Robinson
Oklahoma City, OK 73102
Telephone: (405) 293-3029
E-mail: brady@blsmithlaw.com
skeeter@blsmithlaw.com
– and –
Randy C. Smith, Esq.
RANDY C. SMITH AND ASSOCIATES
One Leadership Square, Suite 1310
211 North Robinson Ave.
Oklahoma City, OK 73102
Telephone (405) 212-2786
Facsimile (405) 232-6515
E-mail: randy@rcsmithlaw.com
CARBONITE INC: To Settle Consolidated Shareholder Suit
-------------------------------------------------------
Open Text Corporation disclosed in its Form 10-K report for the
fiscal year ended June 30, 2023, filed with the Securities and
Exchange Commission in August 3, 2023, that on January 31, 2024,
parties filed a motion for preliminary approval of a settlement to
fully resolve a consolidated securities actions filed on November
21, 2019 with the United States District Court for the District of
Massachusetts.
The proposed settlement is subject to the court's approvals.
On August 1, 2019, prior to its acquisition of Carbonite Inc., a
purported stockholder of Carbonite filed a putative class action
complaint against Carbonite, its former Chief Executive Officer,
Mohamad S. Ali, and its former Chief Financial Officer, Anthony
Folger, in captioned "Ruben A. Luna, individually and on behalf of
all others similarly situated v. Carbonite, Inc., Mohamad S. Ali,
and Anthony Folger (Case No. 1:19-cv-11662-LTS).
The complaint alleges violations of the federal securities laws
under Sections 10(b) and 20(a) of the Securities Exchange Act of
1934, as amended, and Rule 10b-5 promulgated thereunder. The
complaint generally alleges that the defendants made materially
false and misleading statements in connection with Carbonite's
"Server Backup VM Edition," and seeks, among other things, the
designation of the action as a class action, an award of
unspecified compensatory damages, costs and expenses, including
counsel fees and expert fees, and other relief as the court deems
appropriate.
This was consolidated with another case on November 21, 2019 and on
January 15, 2020, the lead plaintiff filed a consolidated amended
complaint generally making the same allegations and seeking the
same relief as the complaint filed on August 1, 2019.
The defendants moved to dismiss the Securities Actions on March 10,
2020. On October 22, 2020, the district court granted with
prejudice the defendants' motion to dismiss the Securities Actions.
On November 20, 2020, the lead plaintiff filed a notice of appeal
to the United States Court of Appeals for the First Circuit. On
December 21, 2021, the United States Court of Appeals for the First
Circuit issued a decision reversing and remanding the Securities
Actions to the district court for further proceedings. On July 14,
2023, the district court certified the lead plaintiff's proposed
class, following which the defendants filed a motion for class
decertification.
OpenText offers Information Management products and services that
manage the creation, capture, use, analysis and lifecycle of
structured and unstructured data. In December 24, 2019, it acquired
Carbonite Inc., a provider of cloud-based subscription backup,
disaster recovery and endpoint security.
CARNIVAL CORP: Faces Negligence Raps Over COVID Handling in Ships
-----------------------------------------------------------------
Carnival Corporation disclosed in its Form 10-K report for the
fiscal year ended November 30, 2023, filed with the Securities and
Exchange Commission on January 26, 2023, that as of November 30,
2023, two purported class actions brought against the company by
former guests in the Federal Court in Australia and in Italy remain
pending.
These actions include claims based on a variety of theories,
including negligence, gross negligence and failure to warn,
physical injuries and severe emotional distress associated with
being exposed to and/or contracting COVID-19 onboard its ships.
On October 24, 2023, the court in the Australian matter held that
the company was liable for negligence and for breach of consumer
protection warranties as it relates to the lead plaintiff. The
court ruled that the lead plaintiff was not entitled to any pain
and suffering or emotional distress damages on the negligence claim
and awarded medical costs. In relation to the consumer protection
warranties claim, the court found that distress and disappointment
damages amounted to no more than the refund already provided to
guests and therefore made no further award. Further proceedings
will determine the applicability of this ruling to the remaining
class participants.
Additionally, on December 6, 2023, the High Court of Australia
ruled on appeal that United States and United Kingdom passengers
were properly included in the class, regardless of the ticket
contract terms applicable to those passengers. All COVID-19 matters
seek monetary damages and most seek additional punitive damages in
unspecified amounts.
Carnival businesses operate the largest global cruise company, and
among the largest leisure travel companies, with a portfolio of
world-class cruise lines namely AIDA Cruises, Carnival Cruise Line,
Costa Cruises, Cunard, Holland America Line, P&O Cruises
(Australia), P&O Cruises (UK), Princess Cruises and Seabourn.
CBS INTERACTIVE: Faces Tejon Suit Over Illegal Collection Letter
----------------------------------------------------------------
ROGER TEJON, individually and on behalf of all those similarly
situated v. CBS INTERACTIVE MEDIA, INC. D/B/A 247SPORTS, Case No.
188901618 (Fla. Cir., Jan. 2, 2024) alleges that the Defendant sent
multiple electronic communications to the Plaintiff in connection
with the collection of the Consumer Debt, in violation of the
Florida Consumer Collection Practices Act.
On November 18, 2023, the Defendant sent an electronic mail
communication to the Plaintiff in connection with the collection of
the Consumer Debt. The First Communication was sent from
support@247sports.com and delivered to the Plaintiff's personal
e-mail address. The First Communication advised: "your payment was
declined. Please update your billing information to ensure your
membership is not interrupted. For instructions on how to update
your payment information, please see below." The First
Communication was sent by the Defendant to the Plaintiff at 9:32 PM
in the Plaintiff's time zone, and received by the Plaintiff at 9:32
PM in the Plaintiff's time zone, the suit claims.
On November 20, 2023, the Defendant sent another electronic mail
communication to the Plaintiff. The Second Communication was sent
to the Plaintiff at 9:32 PM in the Plaintiff's time zone, and
received by the Plaintiff at 9:32 PM in the Plaintiff's time zone.
The Defendant did not have the consent of the Plaintiff to
communicate with the Plaintiff between the hours of 9:00 PM and
8:00 AM, the lawsuit asserts.
The Plaintiff is a citizen of the State of Florida, residing in
Miami-Dade County, Florida.
CBS is an American media company and is a division of the CBS
Corporation.[BN]
The Plaintiff is represented by:
Jibrael S. Hindi, Esq.
Jennifer G. Simil, Esq.
Zane C. Hedaya, Esq.
THE LAW OFFICES OF JIBRAEL S. HINDI
110 SE 6th Street, Suite 1744
Fort Lauderdale, FL 33301
Telephone: (954) 907-1136
E-mail: jibrael@jibraellaw.com
jen@jibraellaw.com
zane@jibraellaw.com
CHARTER MANUFACTURING: Grap Sues Over Nonpayment of Proper OT Wages
-------------------------------------------------------------------
JOSHUA GRAP, on behalf of himself and all others similarly
situated, Plaintiff v. CHARTER MANUFACTURING COMPANY, INC.,
Defendant, Case No. 24-cv-186 (E.D. Wis., February 12, 2024) seeks
relief under the Fair Labor Standards Act and Wisconsin's Wage
Payment and Collection Laws for unpaid overtime compensation,
unpaid straight time (regular) and/or agreed upon wages, liquidated
damages, costs, attorneys' fees, declaratory and/or injunctive
relief.
In approximately December 2020, Defendant hired Plaintiff as an
hourly-paid, non-exempt employee in the position of operator
working primarily at Defendant's Saukville, Wisconsin location. In
approximately February 2023, Plaintiff's employment with Defendant
ended. Allegedly, Defendant failed to properly compensate Plaintiff
and to properly include all forms of non-discretionary compensation
in the regular rate of pay for overtime calculations purposes.
Among other things, throughout Plaintiff's employment, Defendant
maintained and perpetrated an unlawful compensation practice that
shaved time from Plaintiff's for all pre-shift and post-shift hours
worked and/or work performed each work day and each workweek,
resulting in Defendant impermissibly and unlawfully failing to
compensate Plaintiff for any and all hours worked and/or work
performed each work day and each workweek at an overtime rate of
pay, in violation of the WWPCL, says the suit.
Headquartered in Mequon, WI, Charter Manufacturing Company, Inc. is
engaged in differentiated metals manufacturing businesses. [BN]
The Plaintiff is represented by:
James A. Walcheske, Esq.
Scott S. Luzi, Esq.
David M. Potteiger, Esq.
WALCHESKE & LUZI, LLC
235 N. Executive Drive, Suite 240
Brookfield, WI 53005
Telephone: (262) 780-1953
Facsimile: (262) 565-6469
E-mail: jwalcheske@walcheskeluzi.com
sluzi@walcheskeluzi.com
dpotteiger@walcheskeluzi.com
- and -
Daniel I. Bryant, Esq.
BRYANT LEGAL, LLC
4400 N. High Street, Suite 310
Columbus, OH 43214
Telephone: (614) 704-0546
Facsimile: (614) 573-9826
E-mail: dbryant@bryantlegalllc.com
CNO FINANCIAL: Faces Hicks Personal Property Suit in S.D. Indiana
-----------------------------------------------------------------
A class action lawsuit has been filed against CNO Financial Group,
Inc., et al. The case is captioned as ESTHER HICKS, individually
and on behalf of all others similarly situated, v. CNO FINANCIAL
GROUP, INC., et al., Case No. 1:24-cv-00275-RLY-MG (S.D. Ind.,
February 9, 2024).
The nature of the suit is stated as 380 Torts - Personal Property -
Other Personal Property Damage.
CNO Financial Group, Inc. is an American financial services holding
company based in Carmel, Indiana. [BN]
The Plaintiff is represented by:
Mason Barney, Esq.
SIRI & GLIMSTAD LLP
745 Fifth Avenue, Suite 500
New York, NY 10151
Telephone: (212) 532-1091
E-mail: mbarney@sirillp.com
COMCAST CABLE: Fails to Safeguard Customers' Info, Werner Alleges
-----------------------------------------------------------------
RALF WERNER, individually and on behalf of all others similarly
situated, Plaintiff v. COMCAST CABLE COMMUNICATIONS, LLC d/b/a
Xfinity, and CITRIX SYSTEMS, INC., Defendants, Case No.
2:24-cv-00599-MMB (E.D. Pa., February 8, 2024) is a class action
against the Defendants for
The case arises from critical vulnerability in two of Citrix's
network appliances: NetScaler Application Delivery Controller and
NetScaler Gateway, which led to unauthorized access of Comcast's
systems from October 16, 2023 until October 19, 2023. The data
breach occurred due to Comcast's failure to properly update its
network appliances despite Citrix's vulnerability warning.
Moreover, Comcast failed to provide any identity theft protection
to affected customers and also failed to timely notify them about
the data breach. As a result of Comcast's negligence, the
personally identifiable information of the Plaintiff and similarly
situated customers was compromised, says the suit.
Comcast Cable Communications, LLC, doing business as Xfinity, is a
broadband service provider based in Philadelphia, Pennsylvania.
Citrix Systems, Inc. is a networking, cloud computing and
virtualization technology company based in Fort Lauderdale,
Florida. [BN]
The Plaintiff is represented by:
Patrick Howard, Esq.
SALTZ MONGELUZZI & BENDESKY, P.C.
1650 Market Street, 52nd Floor
Philadelphia, PA 19103
Telephone: (215) 575-3895
E-mail: phoward@smbb.com
- and -
Joe P. Leniski, Jr., Esq.
HERZFELD, SUETHOLZ, GASTEL, LENISKI&WALL, PLLC
223 Rosa L. Parks Avenue, Suite 300
Nashville, TN 37203
Telephone: (615) 800-6225
E-mail: joey@hsglawgroup.com
- and -
Peter J. Jannace, Esq.
HERZFELD, SUETHOLZ, GASTEL, LENISKI&WALL, PLLC
515 Park Avenue
Louisville, KY 40208
Telephone: (502) 636-4333
E-mail: peter@hsglawgroup.com
COMMUNITY HEALTH: Matczak Files Personal Injury Suit in D.N.J.
--------------------------------------------------------------
A class action lawsuit has been filed against Community Health
Care, Inc. The case is captioned as LACY MATCZAK, individually and
on behalf of all others similarly situated v. COMMUNITY HEALTH
CARE, INC., Case No. 1:24-cv-00759-KMW-MJS (D.N.J., February 8,
2024).
The nature of the suit is stated as 360 Torts - Personal Injury -
Other Personal Injury.
Community Health Care, Inc. is a healthcare provider, headquartered
in Davenport, Iowa. [BN]
The Plaintiff is represented by:
Natalie Finkelman Bennett, Esq.
MILLER SHAH LLP
2 Hudson Place, Suite 100
Hoboken, NJ 07030
Telephone: (856) 526-1100
Facsimile: (866) 300-7367
E-mail: nfinkelman@millershah.com
CONTINENTAL AG: Islami Sues Over Alleged Price Fixing Conspiracy
----------------------------------------------------------------
CATIP ISLAMI, Plaintiff v. CONTINENTAL AKTIENGESELLSCHAFT;
CONTINENTAL TIRE THE AMERICAS, LLC; COMPAGNIE GÉNÉRALE DES
ÉTABLISSEMENTS MICHELIN SCA; COMPAGNIE FINANCIÈRE MICHELIN SA;
MICHELIN NORTH AMERICA, INC.; NOKIAN TYRES PLC; NOKIAN TYRES INC.;
NOKIAN TYRES U.S. OPERATIONS LLC; THE GOODYEAR TIRE & RUBBER
COMPANY; PIRELLI & C. S.P.A.; PIRELLI TIRE LLC; BRIDGESTONE
CORPORATION; BRIDGESTONE AMERICAS, INC.; AND DOES 1-100,
Defendants, Case No. 1:24-cv-00967 (S.D.N.Y., February 8, 2024) is
a class action brought by the Plaintiff, on behalf of all others
similarly situated, seeking injunctive relief, treble damages,
costs, attorneys' fees, and other just relief for Defendants' per
se violations of Sections 1 and 3 of the Sherman Act in connection
with their conspiracy to fix prices for tires.
According to the complaint, Defendants effectuated their price
fixing conspiracy by, among other means, signaling price increases
during earnings calls and other public statements, implementing
revenue management software to facilitate and exchange pricing
information, participating in annual industry meetings and
coordinating supply reductions to keep prices artificially high.
Headquartered in Hannover, Germany, Continental AG manufactures and
sells tires for cars, trucks, buses, two-wheel, and specialty
segments. [BN]
The Plaintiff is represented by:
Kellie Lerner, Esq.
Ellen Jalkut, Esq.
Jordan Finkel
ROBINS KAPLAN LLP
1325 Avenue of the Americas, Suite 2601
New York, NY 10019
Telephone: (212) 980-7400
Facsimile: (212) 980-7499
E-mail: klerner@robinskaplan.com
ejalkut@robinskaplan.com
jfinkel@robinskaplan.com
- and -
Shpetim Ademi, Esq.
ADEMI LLP
3620 East Layton Avenue
Cudahy, WI 53110
Telephone: (414) 482-8000
E-mail: sademi@ademilaw.com
CSL PLASMA: Fakira Wage-and-Hour Suit Removed to N.D. California
----------------------------------------------------------------
The case styled AMIRA FAKIRA, individually and on behalf of all
others similarly situated v. CSL PLASMA INC. and DOES 1 through 25,
inclusive, Case No. 23CV057131, was removed from the Superior Court
of the State of California, County of Alameda, to the U.S. District
Court for the Northern District of California on February 9, 2024.
The Clerk of Court for the Northern District of California assigned
Case No. 3:24-cv-00798 to the proceeding.
The case arises from the Defendant's violations of the California
Labor Code and the California's Business and Professions Code
including failure to pay minimum wages, failure to pay overtime
wages, failure to provide meal breaks, failure to provide rest
breaks, failure to timely pay wages during employment, failure to
provide accurate wage statements, failure to timely pay final wages
upon termination, failure to reimburse necessary business expenses,
and unfair and unlawful business practices.
CSL Plasma Inc. is a human plasma collection company based in
Florida. [BN]
The Defendant is represented by:
Nima Darouian, Esq.
BALLARD SPAHR LLP
2029 Century Park East, Suite 1400
Los Angeles, CA 90067
Telephone: (424) 204-4400
Facsimile: (424) 204-4350
E-mail: darouiann@ballardspahr.com
DAR 525 INC: Martin Files ADA Suit in E.D. New York
---------------------------------------------------
A class action lawsuit has been filed against Dar 525, Inc. The
case is styled as Damian Martin, on behalf of himself and all
others similarly situated v. Dar 525, Inc., Case No. 1:24-cv-00693
(E.D.N.Y., Jan. 31, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Dar 525, Inc. -- https://www.dar525.com/ -- offers Authentic
Mediterranean cuisine in Brooklyn, New York City.[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
DEE'S BRICK: Durantas Sues Over Civil Rights Violation in E.D.N.Y.
------------------------------------------------------------------
A class action lawsuit has been filed against Dee's Brick Oven
Pizza, Inc. The case is captioned as HAKAN DURANTAS, individually
and on behalf of all others similarly situated, v. DEE'S BRICK OVEN
PIZZA, INC., Case No. 1:24-cv-01035 (E.D.N.Y., February 9, 2024).
The suit is brought over alleged violation of the Americans with
Disabilities Act.
Dee's Brick Oven Pizza, Inc. is a restaurant owner and operator in
New York. [BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
14749 71st Ave.
Flushing, NY 11367
Telephone: (917) 915-7415
E-mail: mars@khaimovlaw.com
DELI MANAGEMENT: Rihm Files Suit in E.D. Texas
----------------------------------------------
A class action lawsuit has been filed against Deli Management, Inc.
The case is styled as Christopher Rihm, individually and on behalf
of all others similarly situated v. Deli Management, Inc. d/b/a
Jasons's Deli, Case No. 1:24-cv-00035 (E.D. Tex., Jan. 31, 2024).
The nature of suit is stated as Other P.I. for Property Damage.
Deli Management, Inc. doing business as Jason's Deli --
https://www.jasonsdeli.com/ -- is an American chain of fast casual
restaurants founded in 1976 in Beaumont, Texas.[BN]
The Plaintiff is represented by:
Elton Joe Kendall, Esq.
KENDALL LAW GROUP
3811 Turtle Creek Blvd., Suite 825
Dallas, TX 75219
Phone: (214) 744-3000
Fax: (214) 744-3015
Email: jkendall@kendalllawgroup.com
DELTA DENTAL: Lamons Files Suit in Cal. Super. Ct.
--------------------------------------------------
A class action lawsuit has been filed against Delta Dental of
California. The case is styled as Kerry Lamons, as an individual
and on behalf of all others similarly situated v. Springs Window
Fashions, LLC, Sunsetter Products, LP, Does 1 Through 50,
Inclusive, Case No. CGC24612013 (Cal. Super. Ct., San Francisco
Cty., Jan. 31, 2024).
The case type is stated as "Business Tort."
Delta Dental -- https://www1.deltadentalins.com/ -- has the largest
network of dentists nationwide.[BN]
The Plaintiff is represented by:
M. Anderson Berry, Esq.
ARNOLD LAW FIRM
865 Howe Ave.
Sacramento, CA 95825
Phone: 916-777-7777
Email: andersonberry@gmail.com
ECLERX LLC: King Sues to Recover Overtime Wages
-----------------------------------------------
Taakque D. King and Adriene F. Johnson, individually and on behalf
of all others similarly situated v. ECLERX, LLC, Case No.
1:24-cv-00115 (W.D. Tex., Jan. 31, 2024), is brought to recover
overtime wages, liquidated damages, and attorneys' fees and costs
pursuant to the Fair Labor Standards Act of 1938 (the "FLSA") and
the North Carolina Wage and Hour Act ("NCWHA").
Specifically, ECLERX has enforced a uniform company-wide policy
wherein it improperly required (and continues to require) its
non-exempt hourly call-center employees--the Plaintiffs--to perform
work off-the-clock and without pay in violation of state and
federal law. ECLERX's illegal company wide policy has caused the
Plaintiffs to have hours worked that were not compensated and
further created a miscalculation of their regular rate(s) of pay
for purposes of calculating their overtime compensation each
workweek. Although the Plaintiffs routinely worked in excess of 40
hours per workweek, the Plaintiffs have not been paid overtime of
at least one and one-half their regular rates for all hours worked
in excess of 40 hours per workweek, says the complaint
The Plaintiffs were employed by ECLERX to handle in bound calls for
ECLERX clients' upscaling products, repairing clients' equipment
over the phone, and collecting money for bill payments.
ECLERX is a consulting and outsourcing company with locations
across the United States and India.[BN]
The Plaintiffs are represented by:
Clif Alexander, Esq.
Austin W. Anderson, Esq.
Lauren E. Braddy, Esq.
Alan Clifton Gordon, Esq.
Carter T. Hastings, Esq.
ANDERSON ALEXANDER, PLLC
101 N. Shoreline Blvd., Suite 610
Corpus Christi, TX 78401
Phone: (361) 452-1279
Facsimile: (361) 452-1284
Email: clif@a2xlaw.com
austin@a2xlaw.com
lauren@a2xlaw.com
cgordon@a2xlaw.com
carter@a2xlaw.com
- and -
Robert E. DeRose
BARKAN MEIZLISH DEROSE COX, LLP
4200 Regent Street, Suite 210
Columbus, OH 43219
Phone: (614) 221-4221
Facsimile: (614) 744-2300
Email: bderose@barkanmeizlish.com
ELECTROSTIM MEDICAL: Perriolat Sues Over Cyberattack & Data Breach
------------------------------------------------------------------
Phillippe Perriolat, on behalf of himself and all others similarly
situated v. Electrostim Medical Services, Inc. d/b/a EMSI, Case No.
8:24-cv-00300-JSM-SPF (M.D. Fla., Jan. 31, 2024), is brought
arising out of the recent targeted cyberattack and data breach
("Data Breach") on EMSI's network that resulted in unauthorized
access to highly sensitive customer data.
As a result of the Data Breach, Plaintiff and thousands of Class
Members, including approximately 540,000 individuals, suffered
ascertainable losses in the form of the loss of the benefit of
their bargain, out-of-pocket expenses, and the value of their time
reasonably incurred to remedy or mitigate the effects of the
attack, emotional distress, and the imminent risk of future harm
caused by the compromise of their sensitive personal information.
In addition, Plaintiff and Class Members' sensitive personal
information--which was entrusted to EMSI, its officials, and its
agents--was compromised and unlawfully accessed due to the Data
Breach.
Information compromised in the Data Breach includes names;
demographic information, such as addresses, emails, and phone
numbers; ("personally identifying information" or "PII") and
medical treatment and insurance information, which is protected
health information ("PHI"), as defined by the Health Insurance
Portability and Accountability Act of 1996 ("HIPAA"). The PII and
PHI that Defendant EMSI collected and maintained will be
collectively referred to as the "Private Information."
The Plaintiff brings this class action lawsuit on behalf of those
similarly situated to address Defendant's inadequate safeguarding
of Plaintiff's and Class Members' Private Information that
Defendant collected and maintained, and for Defendant's failure to
provide timely and adequate notice to Plaintiff and other Class
Members that their Private Information had been subject to the
unauthorized access of an unknown third party, and identify
precisely what specific type of information was accessed.
The Defendant maintained the Private Information in a negligent
and/or reckless manner. In particular, the Private Information was
maintained on Defendant's computer system and network in a
condition vulnerable to cyberattacks. Upon information and belief,
the mechanism of the cyberattack and potential for improper
disclosure of Plaintiff's and Class Members' Private Information
was a known risk to Defendant, and thus Defendant was on notice
that failing to take steps necessary to secure the Private
Information from those risks left that property in a vulnerable
condition. As a result of the Data Breach, Plaintiff and Class
Members have been exposed to a heightened and imminent risk of
fraud and identity theft. Plaintiff and Class Members must now and
in the future closely monitor their financial accounts and credit
to guard against identity theft, says the complaint.
The Plaintiff's Private Information was obtained by the Defendant.
The Defendant is a "medical device company specializing in home
electrical stimulation devices, bracing, and accessories for pain
management and physical rehabilitation."[BN]
The Plaintiff is represented by:
Mariya Weekes, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
201 Sevilla Avenue, 2nd Floor
Coral Gables, FL 33134
Phone: (786) 879-8200
Fax: (786) 879-7520
Email: mweekes@milberg.com
- and -
Spencer Campbell, Esq.
MARKOVITS, STOCK, & DEMARCO, LLC
119 E. Court St., Ste. 530
Cincinnati, OH 45202
Phone: (513) 651-3700
Facsimile: (513) 665-0219
Email: scampbell@msdlegal.com
- and -
Philip Krzeski, Esq.
CHESTNUT CAMBRONNE PA
100 Washington Avenue South, Suite 1700
Minneapolis, MN 55401
Phone: (612) 339-7300
Facsimile: (612) 336-2940
Email: pkrzeski@chestnutcambronne.com
EM PROTECTIVE: Palmer Seeks Proper Wages to Security Guards
-----------------------------------------------------------
MICHAEL PALMER, individually, and on behalf of himself and others
similarly situated, Plaintiff v. EM PROTECTIVE SERVICES, LLC and
ERIK MAASIKAS, individually, Defendants, Case No. 3:24-cv-00149
(M.D. Tenn., February 8, 2024) alleges that the Defendants violated
the Fair Labor Standards Act.
Plaintiff Palmer and similarly situated security guards were
classified as independent contractors, rather than employees
covered by the FLSA. As such, Defendants failed to compensate them
for hours performed over 40 per week within weekly pay periods at
the applicable FLSA overtime compensation rates of pay during their
employment, says the suit.
Located in Nashville, Davidson County, Tennessee, EM Protective
Services, LLC is a for profit Tennessee limited liability company
provides protection of assets, security, and safety services for
its customers in Tennessee. [BN]
The Plaintiff is represented by:
Gordon E. Jackson, Esq.
J. Russ Bryant, Esq.
J. Joseph Leatherwood IV, Esq.
JACKSON SHIELDS YEISER HOLT OWEN & BRYANT
262 German Oak Drive
Memphis, TN 38018
Telephone: (901) 754-8001
Facsimile: (901) 754-8524
E-mail: gjackson@jsyc.com
rbryant@jsyc.com
jleatherwood@jsyc.com
EMBRACE HOME: Filing for Class Cert Bid in Shultz Suit Due Nov. 8
-----------------------------------------------------------------
In the class action lawsuit captioned as Shultz v. Embrace Home
Loans, Inc., Case No. 1:23-cv-00106 (D.R.I., Filed March 13, 2023),
the Hon. Judge William E. Smith entered an order on motion for
extension of scheduling order deadlines as follows:
-- Deadline to complete discovery on whether July 12,
2024
class can be certified as to the plaintiff's
individual claims is due:
-- Expert reports due: Aug. 9,
2024
-- Rebuttal expert reports due: Sept. 13,
2024
-- Expert discovery to be completed by: Oct. 11,
2024
-- Plaintiff's motion for class Nov. 8,
2024
certification due:
-- Response to motion due: Dec. 20,
2024
-- Replies to motion due: Jan. 24,
2024
The nature of suit states Restrictions of Use of Telephone
Equipment.
Embrace Home is an American full service direct mortgage
lender.[CC]
EMERY INSURANCE: Faces Harrison Suit Over Robocalls in M.D. Ala.
----------------------------------------------------------------
A class action lawsuit has been filed against Emery Insurance Group
Inc. The case is captioned as CARLTON HARRISON, individually and on
behalf of all others similarly situated v. EMERY INSURANCE GROUP
INC., Case No. 2:24-cv-00070 (M.D. Ala., February 8, 2024).
The case arises from the Defendant's violation of the Telephone
Consumer Protection Act.
Emery Insurance Group Inc. is an insurance agency in Sandy, Utah.
[BN]
The Plaintiff is represented by:
James Matthew Stephens, Esq.
METHVIN, TERRELL, YANCEY, STEPHENS & MILLER, PC
2201 Arlington Avenue South
Birmingham, AL 35205
Telephone: (205) 939-0199
Facsimile: (205) 939-0399
E-mail: mstephens@mtattorneys.com
EMPOWER FINANCE: Faces Donovan Truth in Lending Suit in W.D. Pa.
----------------------------------------------------------------
A class action lawsuit has been filed against Empower Finance, Inc.
The case is captioned as SARAH DONOVAN, et al., individually and on
behalf of all others similarly situated, v. EMPOWER FINANCE, INC.,
Case No. 3:24-cv-00027-SLH (W.D. Pa., February 9, 2024).
The nature of the suit is stated as 371 Torts - Personal Property -
Truth in Lending.
Empower Finance, Inc. is a financial services company based in
California. [BN]
The Plaintiff is represented by:
Kevin Abramowicz, Esq.
EAST END TRIAL GROUP, LLC
6901 Lynn Way, Suite 215
Pittsburgh, PA 15208
Telephone: (412) 223-5740
Facsimile: (412) 626-7101
E-mail: kabramowicz@eastendtrialgroup.com
EPIONE MEDICAL: Ingram Files TCPA Class Suit in C.D. California
---------------------------------------------------------------
A class action lawsuit has been filed against Epione Medical
Corporation. The case is captioned as WARREN EUGENE INGRAM,
individually and on behalf of all others similarly situated, v.
EPIONE MEDICAL CORPORATION, Case No. 2:24-cv-01108 (C.D. Cal.,
February 8, 2024).
The case arises from the Defendant's violation of the Telephone
Consumer Protection Act.
Epione Medical Corporation is a skin care clinic in Beverly Hills,
California. [BN]
The Plaintiff is represented by:
Ryan Lee McBride, Esq.
KAZEROUNI LAW GROUP, APC
2221 Camino Del Rio South, Suite 101
San Diego, CA 92108
Telephone: (800) 400-6808
E-mail: ryan@kazlg.com
EXCEL REALTY INC: Lipp Files Suit in N.D. California
----------------------------------------------------
A class action lawsuit has been filed against Excel Realty Inc. The
case is styled as Richard Lipp Jr., individually and on behalf of
all others similarly situated v. Excel Realty Inc. doing business
as: Excel Mortgage Services, Case No. 3:23-cv-06619-JSC (N.D. Cal.,
Dec. 26, 2022).
The nature of suit is stated as Other Contract.
Excel Realty & Mortgage -- https://www.teamerm.com/ -- is a large
independent real estate and mortgage company that still feels like
a boutique firm.[BN]
The Plaintiff is represented by:
Rachel Elizabeth Kaufman, Esq.
KAUFMAN P.A.
237 S Dixie Hwy, 4th Floor
Coral Gables, FL 33133
Phone: (305) 469-5881
Email: rachel@kaufmanpa.com
EXP WORLD: Faces Fierro Antitrust Suit in California Court
----------------------------------------------------------
eXp World Holdings, Inc. disclosed in its Form 8-K filed with the
Securities and Exchange Commission on January 23, 2024, that on
January 17, 2024, a putative class action complaint under the
caption "Gael Fierro et al. v. The National Association of
Realtors, et al." was filed in the United States District Court for
the Central District of California, naming as defendants the
National Association of Realtors, certain regional Realtor
associations, certain regional multiple listing services, certain
real estate brokerages, franchisors and real estate brokerage
owners, including eXp World Holdings, Inc. and several of its
subsidiaries.
The complaint alleges that defendants conspired to restrain trade
by causing certain home sellers to pay buyer broker fees and
inflated commissions on the sale of homes all in violation of
federal and California antitrust laws and in violation of
California unfair competition laws. The putative class
representatives seek to represent classes of sellers in Los Angeles
County, Madera County, Fresno County, Merced County, and Mariposa
County, who used a listing broker affiliated with the defendants in
the sale of a home listed on an MLS and who paid a commission to a
buyer's broker in connection with the sale of the home from January
17, 2020, through the present.
Plaintiffs, on behalf of themselves and the putative classes, seek
a permanent injunction enjoining the defendants from requiring that
sellers pay the buyer broker, continuing to restrict competition
among buyer brokers and seller brokers and engaging in conduct
determined to be unlawful. They, on behalf of themselves and the
putative classes, also seek an award of declaratory relief, damages
and/or restitution in an amount to be determined at trial, pre-and
post-judgment interest and attorneys' fees, expenses and costs of
suit.
eXp World Holdings, Inc. is the holding company for eXp Realty, a
global, cloud-based real estate brokerage.
EXP WORLD: Named in Latham Antitrust Suit in CA Court
-----------------------------------------------------
eXp World Holdings, Inc. disclosed in its Form 8-K filed with the
Securities and Exchange Commission on January 23, 2024, that on
January 18, 2024, a putative class action complaint under the
caption "Willsim Latham, LLC, et al. v. MetroList Services, Inc.,
et al." was filed in the United States District Court for the
Eastern District of California, Sacramento Division, naming
MetroList Services, Inc., certain regional Realtor associations,
and certain real estate brokerages and brokerage owners as
defendants, including the eXp.
The complaint alleges that defendants conspired to restrain trade
by causing certain home sellers to pay buyer broker fees and
inflated commissions on the sale of homes all in violation of
federal and California antitrust laws and in violation of
California unfair competition laws. It also alleges that defendants
were unjustly enriched due to their purported unlawful agreements
and scheme. The putative class representative seeks to represent a
class of persons and entities who paid a buyer broker commission in
connection with the sale of residential real estate listed on the
MetroList multiple listing service from January 18, 2020, through
the present. Plaintiff, on behalf of itself and the putative class,
seeks a permanent injunction enjoining the defendants from
requiring that sellers pay the buyer broker, continuing to restrict
competition among buyer brokers and seller brokers, and engaging in
conduct determined to be unlawful as well as any other appropriate
injunctive relief under California's unfair competition law.
Plaintiff, on behalf of itself and the putative class, also seeks
an award of declaratory relief, actual damages trebled in an amount
to be determined at trial, restitutionary disgorgement, pre-and
post-judgment interest and attorneys’ fees, expenses and costs of
suit.
eXp World Holdings, Inc. is the holding company for eXp Realty, a
global, cloud-based real estate brokerage.
EXP WORLD: Named in McFall Antitrust Suit
------------------------------------------
eXp World Holdings, Inc. disclosed in its Form 8-K filed with the
Securities and Exchange Commission on January 23, 2024, that on
January 18, 2024, a putative class action complaint under the
caption "Kevin McFall v. Canadian Real Estate Association, et al."
was filed in the Federal Court of Canada, naming the Canadian Real
Estate Association, certain regional Realtor associations, certain
regional real estate broker associations, and certain real estate
brokerages and brokerage owners as defendants, including eXp.
It alleges that defendants conspired to fix, maintain, increase, or
control the price for the supply of buyer brokerage services for
residential real estate in violation of Canadian antitrust laws.
The putative class representative seeks to represent a nationwide
class of persons who sold residential real estate listed on a
multiple listing service owned and operated by a Regional Real
Estate Defendant, as such term is defined in the McFall Action
complaint, from March 11, 2010, through the present. Plaintiff, on
behalf of itself and the putative class, seeks an award of
declaratory relief, general and special damages, pre-and
post-judgment interest and attorneys' fees, expenses and costs of
investigation and suit.
eXp World Holdings, Inc. is the holding company for eXp Realty, a
global, cloud-based real estate brokerage.
EXPEDIA GROUP: Notice of Appeal in Pine Bluff Suit Remains Pending
------------------------------------------------------------------
Expedia Group Inc. disclosed in its Form 10-K Report for the annual
period ending December 31, 2023 filed with the Securities and
Exchange Commission on February 9, 2024, that the notice of appeal
filed by the defendants in the Pine Bluff class suit remains
pending in the Arkansas Supreme Court.
In September 2009, Pine Bluff Advertising and Promotion Commission
and Jefferson County filed a putative class action against a number
of online travel companies, including Expedia, Hotels.com, Hotwire
and Orbitz, alleging that defendants failed to collect and/or pay
taxes under hotel tax occupancy ordinances.
In February 2018, the trial court granted plaintiffs’ motion for
summary judgment and denied defendants' motion for summary judgment
on the issue of tax liability.
On February 24, 2023, the trial court issued final judgment against
the defendant online travel companies.
The defendants filed a notice of appeal to the Arkansas Supreme
Court on March 23, 2023.
That appeal remains pending.
Expedia is an American travel technology company that owns and
operates travel fare aggregators and travel metasearch engines.
FALLON AMBULANCE: Jacobson Files Suit in D. Massachusetts
---------------------------------------------------------
A class action lawsuit has been filed against Fallon Ambulance
Service, et al. The case is styled as Michael Jacobson, on behalf
himself and all others similarly situated v. Fallon Ambulance
Service, Transformative Healthcare, LLC, Coastal Medical
Transportation Systems LLC, Case No. 1:24-cv-10269-JEK (D. Mass.,
Jan. 31, 2024).
The nature of suit is stated as Other P.I. for Property Damage.
Fallon Ambulance Service is a hospital & health care company that
offers ambulance services munity.[BN]
The Plaintiff is represented by:
Elizabeth A. Ryan, Esq.
BAILEY & GLASSER LLP
176 Federal Street, 5th Floor
Boston, MA 02110
Phone: (617) 439-6730
Fax: (617) 951-3954
Email: eryan@baileyglasser.com
FESTIVAL FUN: McGivan Sues Over Deceptive Ticket Processing Fees
----------------------------------------------------------------
Celia McGivan, individually and on behalf of all others similarly
situated v. FESTIVAL FUN PARKS LLC d/b/a SPLISH SPLASH, Case No.
703318/2024 (N.Y. Sup., Queens Cty., February 2, 2024) accuses
Defendant of breaching the New York Arts & Cultural Affairs Law.
The Plaintiff brings this class action over Defendant's failure to
properly disclose the total cost of tickets available for purchase
via its website. The Defendant charges an additional $4.00
"Processing Fee" for each ticket purchased through its website but
this is only disclosed after the ticket is selected for purchase.
This leads to an increase in the price of the ticket during the
purchase process, which is in violation of the New York Arts &
Cultural Affairs Law.
The Plaintiff bought Splish Splash tickets on Defendant's website
and was forced to pay the processing fee which was not initially
included in the ticket listing prior to the ticket being selected
for purchase. Plaintiff demands actual and/or statutory damages,
attorneys' costs and fees, and injunctive relief over Defendant’s
alleged violation.
Headquartered in Newport Beach, CA, Festival Fun Parks LLC operates
theme parks across the United States, including the Splish Splash
water park in Suffolk County, New York. [BN]
The Plaintiff is represented by:
Rachel Edelsberg, Esq.
DAPEER LAW, P.A.
3331 Sunset Avenue
Ocean, NJ 07712
Telephone: (917) 456-9603
E-mail: rachel@dapeer.com
FIFTH WALL: Tricks Stockholders to OK Merger, Jandreau Suit Claims
------------------------------------------------------------------
TERRY JANDREAU, on behalf of himself and all others similarly
situated, Plaintiff v. BRENDAN WALLACE, ANDRIY MYKHAYLOVSKYY, ALANA
BEARD, VICTOR COLEMAN, ANGELA HUANG, WISDOM LU, FIFTH WALL
ACQUISITION SPONSOR LLC, and FIFTH WALL ASSET MANAGEMENT LLC,
Defendants, Case No. 2024-0119-MTZ (Del. Ch., February 9, 2024) is
a class action against the Defendant for breach of fiduciary duty,
aiding and abetting, and unjust enrichment claims.
The Plaintiff brings a verified stockholder class action complaint
against the Defendants in connection with Fifth Wall's August 24,
2021 merger with legacy SmartRent.com, Inc. The Defendants had
caused the Proxy and other Securities and Exchange Commission
filings to materially mislead the company's stockholders on key
topics, thereby deceiving them out of exercising their redemption
rights and voting against the merger. As a result of the
Defendants' misconduct, the Plaintiff and the Class were harmed by
these breaches of fiduciary duty, including by failing to redeem
their shares prior to the redemption date, says the suit.
Fifth Wall Acquisition Sponsor LLC is a special purpose acquisition
company in California.
Fifth Wall Asset Management LLC is an investment firm in
California. [BN]
The Plaintiff is represented by:
Christine M. Mackintosh, Esq.
Kelly L. Tucker, Esq.
GRANT & EISENHOFER P.A.
123 Justison Street
Wilmington, DE 19801
Telephone: (302) 622-7000
Facsimile: (302) 622-7100
- and -
David Wissbroecker, Esq.
GRANT & EISENHOFER P.A.
2325 3rd Street, Suite 329
San Francisco, CA 94107
Telephone: (302) 622-7000
Facsimile: (302) 622-7100
- and -
Maxwell R. Huffman, Esq.
SCOTT+SCOTT ATTORNEYS AT LAW LLP
600 W. Broadway, Suite 3300
San Diego, CA 92101
Telephone: (619) 233-4565
- and -
Justin O. Reliford, Esq.
SCOTT+SCOTT ATTORNEYS AT LAW LLP
The Helmsley Building
230 Park Avenue, 17th Floor
New York, NY 10169
Telephone: (212) 223-6444
FILM FORUM: Kovacs Sues Over Improper Tickets' Fee Disclosure
-------------------------------------------------------------
NATALIE KOVACS, individually and on behalf of all others similarly
situated, Plaintiff v. FILM FORUM, INC., Defendant, Case No.
650686/2024 (N.Y. Sup., New York Cty., February 8, 2024) arises
from the Defendant's failure to properly disclose the total cost
for the purchase of tickets in violation of the New York law.
According to the complaint, the Defendant has violated the New York
Arts and Cultural Affairs Law by failing to disclose a per-ticket
$1.50 "Handling Fee" which increases the total cost of the ticket
during the purchase process but is only disclosed after the ticket
is selected for purchase. The Handling Fee is added to the total
cost of the ticket price regardless of the delivery method of the
ticket. The Plaintiff therefore demands actual and/or statutory
damages, reasonable attorneys' costs and fees, and injunctive
relief under New York Arts and Cultural Affairs Law.
Headquartered in New York, Film Forum, Inc. operates as a nonprofit
movie theater. It maintains the website, https://filmforum.org/.
[BN]
The Plaintiff is represented by:
Rachel Edelsberg, Esq.
DAPEER LAW, P.A.
3331 Sunset Avenue
Ocean, NJ 07712
Telephone: (917) 456-9603
E-mail: rachel@dapeer.com
FLORIDA AGENCY: Chianne Class Cert Bid Tossed as Moot
-----------------------------------------------------
In the class action lawsuit captioned as CHIANNE D.; C.D., by and
through her mother and next friend, Chianne D.; A.V., by and
through her mother and next friend, Jennifer V.; KIMBER TAYLOR; and
K.H., by and through his mother and next friend, Kimber Taylor, v.
JASON WEIDA, in his official capacity as Secretary for the FLORIDA
AGENCY FOR HEALTH CARE ADMINISTRATION, and SHEVAUN HARRIS, in her
official capacity as Secretary for the FLORIDA DEPARTMENT OF
CHILDREN AND FAMILIES, Case No. 3:23-cv-00985-MMH-LLL (M.D. Fla.),
the Hon. Judge Marcia Morales Howard entered an order denying
without prejudice as moot the Plaintiffs' motion for class
certification and the Plaintiffs' motion for a Classwide
Preliminary Injunction.
-- The Plaintiffs shall have up to and including Feb. 20, 2024,
to
file an amended motion for class certification.
The Plaintiffs filed a First Amended Complaint on Jan. 18, 2024,
which rendered moot the parties' previous pleadings.
However, the Amended Complaint adds new the Plaintiffs to this case
which significantly impacts the standing analysis, a central issue
with regard to both the Class Motion and the Injunction
Motion.
Florida Agency is a government organization that focuses on the
administration of the hospital & health care.
A copy of the Court's order dated Jan. 23, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=fH2nrL at no extra
charge.[CC]
FORD MOTOR: Fails to Pay Proper Overtime Wages, Hood Suit Claims
----------------------------------------------------------------
SAMUEL HOOD, JR., on behalf of himself and others similarly
situated, Plaintiff, v. FORD MOTOR COMPANY, Defendant, Case No.
1:24-cv-00244-DAP (N.D. Ohio, February 8, 2024) seeks relief from
the Defendant's failure to pay Plaintiff and other employees
overtime wages under the Fair Labor Standards Act of 1938.
The Plaintiff was employed by Defendant for various lengths of time
over the past several decades, most recently from 2015 to November
2022. During his employment, Plaintiff worked 40 or more hours in
one or more workweeks. However, he was subjected to Defendant's pay
practice and/or policy of failing to pay proper compensation for
all hours worked by similarly situated process coaches, says the
Plaintiff.
Ford Motor Company is engaged in the development, production, and
sale of consumer and commercial vehicles throughout the United
States and the world. [BN]
The Plaintiff is represented by:
Matthew J.P. Coffman, Esq.
Adam C. Gedling, Esq.
Kelsie N. Hendren, Esq.
Tristan T. Akers, Esq.
COFFMAN LEGAL, LLC
1550 Old Henderson Rd. Suite #126
Columbus, OH 43220
Telephone: (614) 949-1181
Facsimile: (614) 386-9964
E-mail: mcoffman@mcoffmanlegal.com
agedling@mcoffmanlegal.com
khendren@mcoffmanlegal.com
takers@mcoffmanlegal.com
FOULGER-PRATT CONSTRUCTION: Ferrera Seeks to Recover Unpaid Wages
-----------------------------------------------------------------
RAMON ANTONIO RIVAS FERRERA, JOSE FREDYS SANCHEZ AMAYA, GERMAN
ALFARO, and YERIS MOISES RODRIGUEZ MACHADO, individually and on
behalf of all others similarly situated, Plaintiffs v.
FOULGER-PRATT CONSTRUCTION, INC. and CHRISTIAN SIDING, LLC,
Defendants, Case No. 1:24-cv-00262 (D.D.C., Jan. 29, 2024) seeks to
recover Plaintiffs' and other similarly-situated employees' unpaid
wages and overtime compensation, damages, declaratory and
injunctive relief, pre- and post-judgment interest, and attorneys'
fees and costs pursuant to the Fair Labor Standards Act, the DC
Minimum Wage Revision Act, the DC Wage Payment and Collection Law,
and the DC Workplace Fraud Act.
The Plaintiffs are construction workers who were, and are building
an affordable housing development known as "Paxton," located in
Washington, DC. They assert that the Defendants they worked for
cheated them out of the wages they were due under federal and DC
law.
Foulger-Pratt Construction, Inc. provides construction services.
The Company offers designing, building projects, general
contracting, construction management, roofing, maintenance, and
project development services.[BN]
The Plaintiffs are represented by:
Mark Hanna, Esq.
Arlus Stephens, Esq.
Nicole Rubin, Esq.
MURPHY ANDERSON PLLC
1401 K St. NW, Suite 300
Washington, DC 20005
Telephone: (202) 223-2620
E-mail: mhanna@murphypllc.com
astephens@murphypllc.com
nrubin@murphypllc.com
FRED HUTCHINSON: Hunter Sues Over Failure to Safeguard PII & PHI
----------------------------------------------------------------
Jonathan Hunter, individually and on behalf of all others similarly
situated v. FRED HUTCHINSON CANCER CENTER, a Washington Nonprofit
Corporation, Case No. 2:23-cv-01988-KKE (W.D. Wash., Dec. 26,
2023), is brought seeking relief for the consequences of Fred
Hutch’s failure to reasonably safeguard Plaintiff’s and Class
members’ Private Information; its failure to reasonably provide
timely notification that Plaintiff’s and Class members’ Private
Information had been compromised by an unauthorized third party;
and for intentionally and unconscionably deceiving Plaintiff and
Class members concerning the status, safety, and protection of
their Private Information.
Fred Hutch collects, maintains, and stores highly sensitive
personal and medical information belonging to its patients,
including, but not limited to: first and last names, addresses,
Social Security numbers, dates of birth (collectively,
“personally identifying information” or “PII”), health
insurance information, information concerning patients’ medical
history, mental or physical conditions, and medical diagnosis and
treatment (collectively, “private health information” or
“PHI”) (PII and PHI collectively are “Private
Information”).
On November 19, 2023, Fred Hutch detected an incident in which
unauthorized cybercriminals accessed information on its clinical
network (the “Data Breach”). Upon information and belief, the
cybercriminals accessed and stole Private Information belonging to
Plaintiff and Class members. Fred Hutch asserts that when it
discovered the unauthorized access, it “immediately notified
federal law enforcement and engaged a leading forensic security
firm to investigate and contain the incident,” and it also took
its “clinical network offline and implemented additional
information technology security protocols.”
On December 6, 2023, Fred Hutch sent an email to all current and
former patients notifying them of the Data Breach and instructing
all patients to “remain vigilant to protect against potential
fraud and/or identity theft by, among other things, reviewing your
account statements and monitoring credit reports closed.” As Fred
Hutch stored and handled such highly-sensitive Private Information,
it had a duty and obligation to safeguard this information and
prevent unauthorized third parties from accessing this data.
Ultimately, Fred Hutch failed to fulfill these obligations as
unauthorized cybercriminals breached Fred Hutch’s information
systems and databases, and upon information and belief, stole vast
quantities of Private Information belonging Plaintiff and Class
members. This breach--and the successful compromise of Private
Information--were direct, proximate, and foreseeable results of
multiple failings on the part of Fred Hutch, says the complaint.
The Plaintiff is a recent patient of the Fred Hutch Cancer
Center/University of Washington Men’s Health.
Fred Hutch is a cancer research institute based in Seattle,
Washington, and is a preeminent leader in cancer care as well as
cancer and infectious disease research.[BN]
The Plaintiff is represented by:
Kim D. Stephens, Esq.
Cecily C. Jordan, Esq.
TOUSLEY BRAIN STEPHENS PLLC
1200 Fifth Avenue, Suite 1700
Seattle, WA 98101
Phone: 206-682-5600
Facsimile: 206-682-2992
Email: kstephens@tousley.com
cjordan@tousley.com
- and -
James J. Pizzirusso, Esq.
HAUSFELD LLP
888 16th Street N.W., Suite 300
Washington, D.C. 20006
Phone: (202) 540-7200
Email: jpizzirusso@hausfeld.com
- and -
Steven M. Nathan, Esq.
HAUSFELD LLP
33 Whitehall Street
Fourteenth Floor
New York, NY 10004
Phone: (646) 357-1100
Email: snathan@hausfeld.com
GEICO: Plaintiffs Seek Class Cert. Bid Approval
-----------------------------------------------
In the class action lawsuit captioned as MAO-MSO RECOVERY II, LLC,
SERIES PMPI, et al., v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, et
al., Case No. 8:17-cv-00964-TDC (D. Md.), the Plaintiffs request
that the Court sealing their motion for class certification and
Incorporated Memorandum of Law.
On March 19, 2018, the Court entered a Protective Order regarding
the confidentiality of discovery material. The Protective Order
states that any memorandum disclosing materials subject to the
Protective Order shall be filed contemporaneously under seal,
pursuant to L.R. 104.13, governed by L.R. 105.11, requesting that
such documents be filed under seal.
The Plaintiffs' Class Certification Motion relies on confidential
business information including the Defendants' training manuals and
job aids, as well as deposition testimony designated confidential
due to the discussion of Defendants' business processes.
11. Finally, the information underlying the Defendants' and
Plaintiffs' claims data pertains to confidential private health
information of Medicare beneficiaries which is protected under
HIPAA.
The Class Certification Motion incorporates claims data that should
be protected. Such confidential health information is expressly
protected under the governing Protective Orders.
GEICO is a private American auto insurance company with
headquarters in Chevy Chase, Maryland.
A copy of the Plaintiffs' motion dated Jan. 22, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=xmldZf at no extra
charge.[CC]
The Plaintiffs are represented by:
Erimar von der Osten, Esq.
Andres Rivero, Esq.
RIVERO MESTRE LLP
2525 Ponce de Leon Blvd., Suite
1000 Miami, FL 33134
Telephone: (305) 445-2500
E-mail: evonderosten@riveromestre.com
arivero@riveromestre.com
- and -
Thomas A. Pacheco, Esq.
Karl Amelchenko, Esq.
MILBERG COLEMAN BRYSON
PHILLIPS GROSSMAN PLLC
900 West Morgan Street
Raleigh, NC 27603
Telephone: (919) 600-5000
The Defendants are represented by:
Laura A. Cellucci, Esq.
Joseph L. Beavers, Esq.
Michael L. Haslup, Esq.
Alexander P. Creticos, Esq.
MILES & STOCKBRIDGE, P.C.,
100 Light Street
Baltimore, MD 2120
Telephone: (410) 727-6464
E-mail: lcellucci@milesstockbridge.com
jbeavers@milesstockbridge.com
mhaslup@milesstockbridge.com
acreticos@milesstockbridge.com
GEICO: Plaintiffs Seek to File Class Cert Bid Under Seal
--------------------------------------------------------
In the class action lawsuit captioned as MAO-MSO RECOVERY II, LLC,
SERIES PMPI, et al., v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, et
al., Case No. 8:17-cv-00711-TDC (D. Md.), the Plaintiffs request
that the Court grant motion to file under seal Plaintiffs' Motion
for Class Certification and Incorporated Memorandum of Law.
On March 19, 2018, the Court entered a Protective Order regarding
the confidentiality of discovery material. The Protective Order
states that any memorandum disclosing materials subject to the
Protective Order shall be filed contemporaneously under seal,
pursuant to L.R. 104.13, governed by L.R. 105.11, requesting that
such documents be filed under seal.
The Plaintiffs' Class Certification Motion relies on confidential
business information including Defendants' training manuals and job
aids, as well as deposition testimony designated confidential due
to the discussion of Defendants' business processes.
Finally, the information underlying the Defendants' and Plaintiffs'
claims data pertains to confidential private health information of
Medicare beneficiaries which is protected under HIPAA.
GEICO is a private American auto insurance company with
headquarters in Chevy Chase, Maryland.
A copy of the Plaintiffs' motion dated Jan. 22, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=HP5X2Y at no extra
charge.[CC]
The Plaintiffs are represented by:
Erimar von der Osten, Esq.
Andres Rivero, Esq.
RIVERO MESTRE LLP
2525 Ponce de Leon Blvd., Suite
1000 Miami, FL 33134
Telephone: (305) 445-2500
E-mail: evonderosten@riveromestre.com
arivero@riveromestre.com
- and -
Thomas A. Pacheco, Esq.
Karl Amelchenko, Esq.
MILBERG COLEMAN BRYSON
PHILLIPS GROSSMAN PLLC
900 West Morgan Street
Raleigh, NC 27603
Telephone: (919) 600-5000
The Defendants are represented by:
Laura A. Cellucci, Esq.
Joseph L. Beavers, Esq.
Michael L. Haslup, Esq.
Alexander P. Creticos, Esq.
MILES & STOCKBRIDGE, P.C.,
100 Light Street
Baltimore, MD 2120
Telephone: (410) 727-6464
E-mail: lcellucci@milesstockbridge.com
jbeavers@milesstockbridge.com
mhaslup@milesstockbridge.com
acreticos@milesstockbridge.com
GENERAL PARTS: Gilyard-Walker Labor Suit Removed to W.D. Missouri
-----------------------------------------------------------------
The case styled SHEILA GILYARD-WALKER, individually and on behalf
of all others similarly situated v. GENERAL PARTS INC. d/b/a
ADVANCE AUTO PARTS, et al., Case No. 2316-CV05727, was removed from
the Circuit Court of Jackson County, Missouri, to the U.S. District
Court for the Western District of Missouri on February 8, 2024.
The Clerk of Court for the Western District of Missouri assigned
Case No. 4:24-cv-00095-FJG to the proceeding.
The case alleges unlawful pay inequality, unlawful sex and/or race
discrimination, and an individual claim of constructive discharge
in violation of the Missouri Human Rights Act.
General Parts Inc., doing business as Advance Auto Parts, is a
retailer of replacement parts for automobiles and other industrial
vehicles based in Bloomington, Minnesota. [BN]
The Defendant is represented by:
Kyle B. Russell, Esq.
Kelly M. Sabates, Esq.
JACKSON LEWIS P.C.
7101 College Blvd, Suite 1200
Overland Park, KS 66210
Telephone: (913) 981-1018
Facsimile: (913) 981-1019
E-mail: Kyle.Russell@jacksonlewis.com
Kelly.Sabates@jacksonlewis.com
GOOGLE INC: Court Tosses Bid to Compel Arbitration in Class Suit
----------------------------------------------------------------
In the class action lawsuit captioned re Google Assistant Privacy
Litigation, Case No. 5:19-cv-04286-BLF (N.D. Cal.), the Hon. Judge
Beth Labson Freeman entered an order denying the motion to compel
arbitration.
Considering the totality of the circumstances, the Court finds that
Google acted inconsistently with its right to compel arbitration
under the Google Device AA and/or the Sales Terms.
The Court concludes that the Plaintiffs have met their burden to
establish that Google waived its right to compel arbitration in
this case.
The Court also finds that the Plaintiffs have established
Google’s knowledge of an existing right to compel arbitration
against putative class members.
This consumer class action comprises three cases that were
consolidated by the Court. The Plaintiffs assert claims against
Google arising from operation of Google Assistant, a
voice-activated virtual assistant developed for use with Google
Home, Android smart phones, and other devices. Google Assistant can
answer spoken questions and be directed to perform a variety of
tasks, including setting reminders, making telephone calls, looking
up the weather, playing music, and getting driving directions.
The Plaintiffs allege that Google Assistant sometimes causes audio
to be recorded and transmitted to Google even when the user has not
uttered hot words or manually activated Google Assistant. This
might happen if words similar to hot words are spoken near the
device. As with audio recordings transmitted after intentional
activation of Google Assistant, Google utilizes audio recordings
transmitted after unintentional activation to improve functionality
and to target personalized advertising. According to Plaintiffs,
Google's utilization of audio recordings created when the users
have not uttered hot words or manually activated Google Assistant
violates the users' rights under federal and state law privacy
statutes, the California constitution, and California common law.
Google is an American multinational technology company focusing on
artificial intelligence, online advertising, search engine
technology, cloud computing, computer software, quantum computing,
e-commerce, and consumer electronics.
A copy of the Court's order dated Jan. 23, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=KbC9ss at no extra
charge.[CC]
GOT MOJO RVC: Martin Files ADA Suit in E.D. New York
----------------------------------------------------
A class action lawsuit has been filed against Got Mojo RVC, LLC.
The case is styled as Damian Martin, on behalf of himself and all
others similarly situated v. Got Mojo RVC, LLC, Case No.
1:24-cv-00691 (E.D.N.Y., Jan. 31, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Got Mojo RVC, LLC -- https://www.mojorvc.com/ -- is a Latin
American restaurant serving up tacos, ceviche, empanadas, delicious
cocktails & more.[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
GREAT AMERICAN: Fact Discovery in Schuchmann Suit Due Sept. 30
--------------------------------------------------------------
In the class action lawsuit captioned as WENDY SCHUCHMANN on behalf
of herself and others similarly situated, v. GREAT AMERICAN POWER,
LLC, Case No. 3:23-cv-01604-MEM (M.D. Pa.), the Hon. Judge Malachy
E. Mannion entered a case management conference order:
1. The final date for the joining of March 15, 2024
additional parties shall be:
2. Amendment of Pleadings: March 15, 2024
3. Fact Discovery: Sept. 30, 2024
4. Expert Reports: May 31, 2024’
5. Dispositive Motions: Oct. 30, 2024
6. Expert Discovery: Oct. 30, 2024
7. Class Certification: Nov. 15, 2024
Great American is an Energy Supply company.
A copy of the Court's order dated Jan. 17, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=S5IzLW at no extra
charge.[CC]
HANCOCK COUNTY, IL: Court Directs Discovery Plan Filing in Baxter
-----------------------------------------------------------------
In the class action lawsuit captioned as Baxter v. Hancock County
Sheriff's Department et al., Case No. 4:24-cv-04010-SLD-JEH (C.D.
Ill.), the Hon. Judge Jonathan E. Hawley entered a standing order
as follows:
-- Rule 16 scheduling conference
The Court will set a Rule 16 scheduling conference
approximately
30 days after the answer or other responsive pleading is
filed.
The conference will generally be conducted by telephone.
-- Discovery plan
The discovery plan shall be filed with the Court at least
three
calendar days before the Rule 16 scheduling conference.
-- Waiver of the Rule 16 scheduling conference
If the parties agree on all matters contained in the
discovery
plan, then the parties may waive the Rule 16 scheduling
conference. To do so, the parties shall indicate in the
discovery that the parties agree upon all maters contained
within the discovery plan, and they request that the Rule 16
scheduling conference be cancelled.
-- Failure of counsel to attend a scheduled telephone hearing
For the convenience of counsel, the Court conducts most
hearings
by telephone when possible. Counsel's failure to appear for a
telephone hearing will be treated as a failure of counsel to
appear for an in-person hearing.
-- Discovery disputes brought to the Court's attention after the
discovery deadline has already passed
The parties may not raise a discovery dispute with the Court
after the relevant discovery deadline has passed; all
discovery
disputes must be brought to the Court's attention before the
relevant discovery deadline passes. Any discovery disputes
raised with the Court after the expiration of the relevant
discovery deadline shall be deemed waived by the Court, even
if
the parties agreed to conduct discovery after the relevant
discovery deadline has passed. If the parties agree to
conduct
discovery after the expiration of a deadline set by the
Court,
they must still file a motion requesting that the Court move
that deadline as agreed by the parties in order to avoid any
subsequent discovery disputes being deemed waived.
-- Settlement conferences and mediation
The parties are encouraged to seek a settlement conference or
mediation with a magistrate judge. Where parties request a
settlement conference or mediation in a case referred to
Judge
Hawley, Judge Hawley will conduct said conference or
mediation.
A copy of the Court's order dated Jan. 23, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=VQGFYP at no extra
charge.[CC]
HEALTHY SPIRIT: Slate Seeks Leave to Conduct Class Cert.
--------------------------------------------------------
In the class action lawsuit captioned as JOHN SLATE, on behalf of
himself and others similarly situated, v. HEALTHY SPIRIT, LLC,
d/b/a EASYREST ADJUSTABLE SLEEP SYSTEMS, Case No. 1:23-cv-03034-MJM
(D. Md.), the Plaintiff asks the Court to enter an order granting
his motion for leave to conduct class certification and damages
related discovery against the Defendant for its violations of the
Telephone Consumer Protection Act ("TCPA").
A copy of the Plaintiff's motion dated Jan. 23, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=yhJwKq at no extra
charge.[CC]
The Plaintiff is represented by:
Max S. Morgan, Esq.
THE WEITZ FIRM, LLC
1515 Market Street, #1100
Philadelphia, PA 19102
Telephone: (267) 587-6240
Facsimile: (215) 689-0875
E-mail: max.morgan@theweitzfirm.com
- and -
John T. McGowan, Esq.
KINNER & McGOWAN PLLC
413 East Capitol Street SE, First Floor
Washingotn, D.C. 20003
Telephone: (202) 846-7148
E-mail: jmcgowan@kinnermcgowan.com
HERC RENTALS: David Employment Suit Removed to W.D. Washington
--------------------------------------------------------------
The case styled JEREMY DAVID, individually and on behalf of all
others similarly situated v. HERC RENTALS INC., HERC RENTALS
EMPLOYEE SERVICES LLC, and DOES 1-20, Case No. 24-2-00173-5 SEA,
was removed from the King County Superior Court for the State of
Washington to the U.S. District Court for the Western District of
Washington on February 8, 2024.
The Clerk of Court for the Western District of Washington assigned
Case No. 2:24-cv-00175 to the proceeding.
The nature of the suit is stated as 442 Civil Rights - Employment.
HERC Rentals Inc. is an equipment and tools rental company based in
Florida.
HERC Rentals Employee Services LLC is an equipment and tools rental
company based in Florida. [BN]
The Defendants are represented by:
Adam T. Pankratz, Esq.
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
1201 Third Avenue, Suite 5150
Seattle, WA 98101
Telephone: (206) 693-7057
Facsimile: (206) 693-7058
E-mail: adam.pankratz@ogletree.com
- and -
Mathew A. Parker, Esq.
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
The KeyBank Building
88 East Broad Street, Suite 2025
Columbus, OH 43215
Telephone: (614) 494-0420
Facsimile: (614) 633-1455
E-mail: mathew.parker@ogletree.com
HIGHTECHLENDING INC: Class Cert Bid in Charman Continued to June 28
-------------------------------------------------------------------
In the class action lawsuit captioned as THANE CHARMAN, an
individual and on behalf of all others similarly situated, v.
HIGHTECHLENDING INC, d/b/a AMERICAN SENIOR, a business entity and
JOHN DOE an unknown business entity, Case No. 3:23-cv-01235-AJB-KSC
(S.D. Cal.), the Hon. Judge Karen Crawford entered an order
granting joint motion to continue deadlines in scheduling order
regulating class certification, discovery, and other pre-trial
proceedings.
Activity Current Date New Date
Last Day to Complete All Feb. 23, 2024 May 23,
2024
Class Discovery
Last Day to File Motion Mar. 29, 2024 June 28,
2024
for Class Certification
Status Conference Jun. 28, 2024 Sept. 27,
2024
9:30 a.m.
HighTechLending is a mortgage bank and direct lender in
Califiornia.
A copy of the Court's order dated Jan. 22, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=v0mXT5 at no extra
charge.[CC]
HOMEWORKS ENERGY: Court Tosses Giguere Bid to Certify Class
------------------------------------------------------------
In the class action lawsuit captioned as Giguere v. Homeworks
Energy, Inc. et al., Case No. 3:21-cv-30015 (D. Mass., Filed Feb.
5, 2021), the Hon. Judge Mark G. Mastroianni entered an order
denying motion to certify class without prejudice.
The court finds that the proposed class definition is overbroad. As
discussed at the hearing, the Plaintiff's counsel conceded that a
more limited class definition could be substituted for the class
definition proposed in Plaintiff's motion:
"All current and former Crew Leads, Tech I, Tech IIs, and
employees
of any other position who were subject to Defendants'
'disincentive' deduction policies and who were employed by
HomeWorks in Massachusetts from February 05, 2021 through the
date
of final judgment."
In the court's view, rather than include all employees who were
simply subject to the Defendant's disincentive deduction policy,
the class definition should only include those employees who were
actually negatively affected by the disincentive deductions by
reducing the pay the employee would have otherwise received.
By including a potentially large number of uninjured class members
within the definition of the class, as Plaintiff proposes, class
notice and an opportunity to opt-out would have to be sent to many
employees who will receive nothing and could be removed from the
class definition at the front end.
Given that a change in the class definition will necessarily change
the analysis of the Rule 23 requirements (including numerosity and
ascertainability), the court concludes it is appropriate to deny
Plaintiff's motion for class certification without prejudice to a
renewed motion. In addition, as Defendant's counsel argued at the
hearing, Defendant should have a full opportunity to challenge the
methodology and opinions of Plaintiff's expert as to the question
of ascertainability, and Plaintiff's counsel offered to make the
expert available for additional discovery and/or consultation with
Defendant's expert.
In light of this ruling, the parties shall confer about the
possible need for more discovery as to the expert/ascertainability
issue and any other issues that may require court resolution and
file a joint status report no later than March 6, 2024.
The joint status report shall apprise the court of the need for any
additional discovery as to class certification, whether the parties
require judicial resolution of any issues in that regard, and a
proposed briefing schedule for a renewed motion for class
certification.
The suit alleges violation of the Fair Labor Standards Act.
HomeWorks Energy is an environmental services company.[CC]
HONEYGROW LLC: Colak Files ADA Suit in E.D. New York
----------------------------------------------------
A class action lawsuit has been filed against HoneyGrow, LLC. The
case is styled as Ali Colak, on behalf of himself and all others
similarly situated v. HoneyGrow, LLC, Case No. 2:24-cv-00696
(E.D.N.Y., Jan. 31, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Honeygrow, LLC -- https://www.honeygrow.com/ -- owns and operates
restaurants. The Company offers customized stir-frys, salads,
honeybars, and cold pressed juices.[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
ILLINOIS: Class Discovery Cutoff in Kainz Suit Extended to March 30
-------------------------------------------------------------------
In the class action lawsuit captioned as HEATHER KAINZ, et al., on
Behalf of Themselves and a Class of Similarly Situated Persons, v.
ILLINOIS DEPARTMENT OF CORRECTIONS, et al., Case No.
1:21-cv-01250-JBM-JEH (C.D. Ill.), the Hon. Judge Jonathan E.
Hawley entered an order extending Discovery Cutoff Date as
follows:
1. Class discovery cutoff is extended to: March 30, 2024
2. Expert discovery relevant to class April 30, 2024
certification is to be completed by:
All other previously set deadlines and hearings are vacated and
will be reset upon disposition of the motion for class
certification.
Illinois Department of Corrections is the code department of the
Illinois state government that operates the adult state prison
system.
A copy of the Court's order dated Jan. 22, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=nvav6I at no extra
charge.[CC]
INCODE TECHNOLOGIES: Aspel Suit Removed to N.D. Illinois
--------------------------------------------------------
The case captioned as Mathieu Aspel, individually and on behalf of
all others similarly situated individuals v. Incode Technologies,
Inc., Case No. 2023LA59 was transferred from the Circuit Court of
Grundy County, Illinois, to the U.S. District Court for the
Northern District of Illinois on Dec. 27, 2023.
The District Court Clerk assigned Case No. 1:23-cv-17093 to the
proceeding.
The nature of suit is stated as Other P.I. for Personal Injury.
Incode -- https://incode.com/ -- offers the world's most advanced
identity verification & authentication system.[BN]
The Plaintiff is represented by:
Matthew Thomas Peterson, Esq.
230 E. Ohio St., Suite 410
Chicago, IL 60611
Phone: (815) 999-9130
Fax: (352) 504-3301
Email: mtp@lawsforconsumers.com
The Defendant is represented by:
Amy Lynn Lenz, Esq.
Bonnie Keane DelGobbo, Esq.
BAKER AND HOSTETLER LLP
1 N Upper Wacker Dr., Suite 4500
Chicago, IL 60606
Phone: (602) 515-8702
Email: alenz@bakerlaw.com
bdelgobbo@bakerlaw.com
- and -
Joel C. Griswold, Esq.
BAKER & HOSTETLER, LLP
200 S. Orange Avenue, Suite 2300
Orlando, FL 32801
Phone: (407) 649-4088
Email: jcgriswold@bakerlaw.com
INDIAN HILL: Parties Seek Extension of Class Cert. Deadlines
------------------------------------------------------------
In the class action lawsuit captioned as R.L.K., by her next
friends, individually and on behalf of all others similarly
situated, v. INDIAN HILL EXEMPTED VILLAGE SCHOOL DISTRICT, Case No.
1:23-cv-00171-JPH (S.D. Ohio), the Parties ask the Court under
Civil Rule 16 to enter an Order modifying the class discovery and
class certification deadlines stated in the Court's Aug. 8, 2023,
Scheduling Order.
The Plaintiff tendered her First Set of Discovery Requests on
Defendant on Dec. 8, 2023. By agreement, the parties extended
Defendant's deadline to respond to Plaintiff's First Set of
Discovery requests to Jan. 22, 2024, in good faith anticipation
that the Defendant would be able to respond in full by that date.
Indian Hill is a public school district in Ohio.
A copy of the Parties' motion dated Jan. 23, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=IeF3XX at no extra
charge.[CC]
The Plaintiff is represented by:
Justin Whittaker, Esq.
WHITTAKER LAW, LLC
2055 Reading Road, Suite 260
Cincinnati, OH 45202
Telephone: (513) 259-3758
Facsimile: (513) 436-0689
E-mail: Justin@WhittakerLawFirm.com
The Defendant is represented by:
Ryan M. LaFlamme, Esq.
Jeremy J. Neff, Esq.
ENNIS BRITTON CO. L.P.A.
1714 West Galbraith Road
Cincinnati, OH 45239
Telephone: (513) 421-2540
E-mail: RLaFlamme@EnnisBritton.com
JNeff@EnnisBritton.com
INFINITY MANAGEMENT: Craft Files Suit in D. Montana
---------------------------------------------------
A class action lawsuit has been filed against Infinity Management
and Investments LLC, et al. The case is styled as Shannon Craft,
individually and on behalf of others similarly situated v. Infinity
Management and Investments LLC, Whitefish Investment Group LP, Does
1-74, Case No. 9:24-cv-00020-DLC (D. Mont., Jan. 31, 2024).
The nature of suit is stated as Other Fraud for Injunctive &
Declaratory Relief.
Infinity Property Management -- https://imiproperties.com/ --
specializes in Rural Development 515, Home & Section 8, and LIHTC
properties with over 60 properties located in Montana, Washington,
Idaho, North Dakota, California, and Wyoming.[BN]
The Plaintiff is represented by:
Amanda Beckers Sowden, Esq.
GANNETT SOWDEN LAW, PLLC
3936 Avenue B, Suite D
Billings, MT 59102
Phone: (406) 294-8488
Email: amanda@hgvlawfirm.com
- and -
F. Peter Landsiedel
Paul M Leisher
LEISHER & LANDSIEDEL P.C.
PO Box 18071
Missoula, MT 59808
Phone: (406) 220-6320
Email: peter@landl.law
paul@landl.law
- and -
Timothy B. Strauch, Esq.
RESOLUTE LAW PLLC
257 West Front Street, Suite A
Missoula, MT 59802
Phone: (406) 532-2600
Fax: (406) 542-3332
Email: tim@mtresolutelaw.com
- and -
Ward E. Taleff, Esq.
TALEFF LAW OFFICE
P O Box 609
Great Falls, MT 59403
Phone: (406) 761-9400
Fax: 761-9405
Email: mick@mtresolutelaw.com
INFUSION4HEALTH INC.: Fails to Pay OT Wages, Hampton Suit Alleges
-----------------------------------------------------------------
MINDI HAMPTON, an individual; on behalf of herself and all others
similarly situated and the general public v. INFUSION4HEALTH, INC.,
a California Corporation; and DOES 1 to 100, inclusive, Case No.
24STCV02692 (Cal. Super., Jan. 2, 2024) alleges that the
Defendants' hourly employees failed to receive overtime
compensation and/or the proper overtime premium as part of the
Defendants' ongoing unfair business practices in violation of the
California Labor Code and the California Business and Professions
Code.
According to the complaint, the hourly rate which the Defendants
use to calculate the overtime and double time premiums is an
artifice, subterfuge, and sham in that the regular rate is not
based on all remuneration earned. The Plaintiff and the class
members allege and will prove that they are entitled to payment
based on the proper and legal regular rate which will include all
damages that flow from this calculation. The Defendants
consistently administered a corporate policy regarding both
staffing levels, duties, and responsibilities of the Defendants'
employees, which required that the entirety of the employees work
overtime without proper premium overtime pay and/or the regular
rate of pay. This corporate policy and pattern of conduct is
accomplished with the advance knowledge and designed intent to
avoid paying premium overtime, the suit says.
Furthermore, the Defendants have failed to properly include items
of remuneration when determining the employees' regular rate,
including the failure to include performance and other
non-discretionary bonuses paid to all eligible employees, including
for sick time and overtime. Additionally, the Defendants also
failed to provide all employees all wages at the time of their
separation in violation of Labor Code section 200, et. seq., the
suit further asserts.
Plaintiff Mindi Hampton worked as a non-exempt hourly employee for
the Defendants between 2021 and 2023.
Infusion4health offers infusion therapy services at locations in
Los Angeles and elsewhere throughout California.[BN]
The Plaintiff is represented by:
Aaron A. Bartz, Esq.
BARTZ LAW GROUP, APC
5151 California Ave., Suite 100
Irvine, CA 92617
Telephone: (949) 504-4413
Facsimile: (949) 656-7760
E-mail: aaron@bartzlawgroup.com
- and -
Walter L. Haines, Esq.
UNITED EMPLOYEES LAW GROUP, PC
8605 Santa Monica Blvd.
West Hollywood, CA 90069
Telephone: (562) 256-1047
Facsimile: (562) 256-1006
E-mail: walter@uelglaw.com
INPHONEX.COM LLC: Faces Cardon Suit Over Illegal Collection Letter
------------------------------------------------------------------
ANTONIO CARDONA, individually and on behalf of all those similarly
situated v. INPHONEX.COM LLC D/B/A RINGBYNAME.COM, Case No.
188927081 (Fla. Cir., Jan. 2, 2024) sues the Defendant for
violating the Florida Consumer Collection Practices Act.
On December 20, 2023, the Defendant sent an electronic mail
communication to the Plaintiff in connection with the collection of
the Consumer Debt. The Communication was sent from
noreply@ringbyname.com and delivered to the Plaintiff's e-mail
address. The Communication advised: "you have an outstanding
balance in your account of $44.79. To avoid any service
interruption please pay us what you owe us without delay." The
Communication was sent by the Defendant to Plaintiff at 4:52 AM in
the Plaintiff's time zone and was received by the Plaintiff at 4:52
AM in the Plaintiff's time zone, the suit alleges. The Defendant
did not have the consent of the Plaintiff to communicate with the
Plaintiff between the hours of 9:00 PM and 8:00 AM, the suit
asserts.
The Plaintiff is a citizen of the State of Florida, residing in
Miami-Dade County, Florida.
InPhonex is a VoIP Service Provider offering free phone calls, Pay
as you go calling and Unlimited Monthly Plans.[BN]
The Plaintiff is represented by:
Jibrael S. Hindi, Esq.
Jennifer G. Simil, Esq.
Zane C. Hedaya, Esq.
THE LAW OFFICES OF JIBRAEL S. HINDI
110 SE 6th Street, Suite 1744
Fort Lauderdale, FL 33301
Telephone: (954) 907-1136
E-mail: jibrael@jibraellaw.com
jen@jibraellaw.com
zane@jibraellaw.com
INSPIRE MEDICAL: Continues to Defend HFPF Suit in Minnesota
-----------------------------------------------------------
Inspire Medical Systems Inc. disclosed in its Form 10-K Report for
the annual period ending December 31, 2023 filed with the
Securities and Exchange Commission on February 9, 2024, that the
Company continues to defend itself from Hollywood Firefighters'
Pension Fund class suit in the United States District Court for the
District of Minnesota.
On December 22, 2023, plaintiff City of Hollywood Firefighters'
Pension Fund, on behalf of itself and similarly situated investors,
filed a putative class action lawsuit in the United States District
Court for the District of Minnesota against the Company and certain
of its executive officers, captioned City of Hollywood
Firefighters' Pension Fund v. Inspire Medical Systems, Inc., et.
al., 0:23-cv-03884 (D. Minn).
The complaint generally alleges violations of Sections 10(b) and
20(a) of the Securities Exchange Act of 1934, as amended (the
"Exchange Act") and Rule 10b-5 promulgated thereunder, by making
allegedly materially false and misleading statements between May 3,
2023 and November 7, 2023 regarding the effectiveness of the
Company's Acceleration Program, a program designed to facilitate
customers' receiving prior authorizations from doctors with the
goal of increasing demand for the Company's Inspire therapy.
The Complaint alleges that when subsequent disclosures were made
regarding issues with the Acceleration Program and the Company
announced its third quarter 2023 financial results, the Company's
stock price fell, causing significant losses and damages.
The plaintiffs are seeking, among other things, unquantified
compensatory damages, attorneys' fees and costs.
The defendants believe the allegations are without merit and intend
to vigorously defend against these claims.
INSPIRE MEDICAL SYSTEMS, INC. operates as a medical technology
company. The Company develops implantable neurostimulation systems
to treat obstructive sleep apnea. [BN]
INTEGRIS HEALTH: White Files Suit in Okla. Dist. Ct.
----------------------------------------------------
A class action lawsuit has been filed against Integris Health, Inc.
The case is styled as Sean White, individually and on behalf of all
others similarly situated v Integris Health, Inc., Case No.
CJ-2024-654 (Okla. Dist. Ct., Oklahoma Cty., Jan. 31, 2024).
The case type is stated as "Civil relief more than $10,000:
NEGLIGENCE GENERAL."
Integris Health -- https://integrisok.com/ -- is an American 501
not-for-profit organization which manages health care facilities in
the state of Oklahoma.[BN]
INTEGRIS HEALTH: Yambao Files Suit in Okla. Dist. Ct.
-----------------------------------------------------
A class action lawsuit has been filed against Integris Health, Inc.
The case is styled as Jacqueline Yambao, individually and on behalf
of all others similarly situated v Integris Health, Inc., Case No.
CJ-2024-666 (Okla. Dist. Ct., Oklahoma Cty., Jan. 31, 2024).
The case type is stated as "Civil relief more than $10,000:
NEGLIGENCE GENERAL."
Integris Health -- https://integrisok.com/ -- is an American 501
not-for-profit organization which manages health care facilities in
the state of Oklahoma.[BN]
INTEL CORP: Faces Multiple Actions Over Data Breach Incidents
-------------------------------------------------------------
Intel Corporation disclosed in its Form 10-K report for the fiscal
year ended December 30, 2023, filed with the Securities and
Exchange Commission on January 23, 2024, that as of January 24,
2024, consumer class action lawsuits against the company were
pending in the US, Canada, and Argentina.
The plaintiffs, who purport to represent various classes of
purchasers of the company products, generally claim to have been
harmed by our actions and/or omissions in connection with
"Spectre," "Meltdown," and other variants of this class of security
vulnerabilities that have been identified since 2018, and assert a
variety of common law and statutory claims seeking monetary damages
and equitable relief.
In the US, class action suits filed in various jurisdictions were
consolidated for all pretrial proceedings in the US District Court
for the District of Oregon, which entered final judgment in favor
of Intel in July 2022 based on plaintiffs’ failure to plead a
viable claim. Plaintiffs appealed, and in November 2023 the Ninth
Circuit Court of Appeals affirmed the district court’s judgment.
In Canada, an initial status conference has not yet been scheduled
in one case relating to Spectre and Meltdown pending in the
Superior Court of Justice of Ontario, and a stay of a second case
pending in the Superior Court of Justice of Quebec is in effect.
In Argentina, Intel Argentina was served with, and responded to, a
class action complaint relating to Spectre and Meltdown in June
2022. The Argentinian court dismissed plaintiffs' claims for lack
of standing in May 2023, and plaintiffs have appealed.
In November 2023, new plaintiffs filed a consumer class action
complaint in the US District Court for the Northern District of
California with respect to a further vulnerability variant
disclosed in August 2023 and commonly referred to as "Downfall."
The company moved to dismiss that complaint in January 2024.
Intel is a semiconductor company based in Sta. Clara, California.
INTER_IAM INC: Gjocaj Sues Over Unlawful Convenience Fees
---------------------------------------------------------
ALLMIRA GJOCAJ, individually and on behalf of all others similarly
situated, Plaintiff v. INTER_IAM, INC. d/b/a INTER_INTERMERSIVE ART
MUSEUM, Defendant, Case No. 1:24-cv-01002-ALC (S.D.N.Y., February
9, 2024) alleges that the Defendant violated the New York Arts &
Cultural Affairs Law by failing to disclose the total cost of its
tickets, including the convenience fee, at the beginning of the
purchase process.
On August 23, 2023, Plaintiff purchased tickets on Defendant's
website and was forced to pay Defendant's convenience fee. The
Plaintiff seeks to enjoin the unlawful acts and practices to
recover her statutory damages or actual damages and reasonable
attorneys' fees.
Based in New York, NY, Inter_IAM, Inc. is a Delaware corporation
that owns and operates the Inter_Intermersive Art Museum. [BN]
The Plaintiff is represented by:
Philip L. Fraietta, Esq.
BURSOR & FISHER, P.A.
1330 Avenue of the Americas, 32nd Floor
New York, NY 10019
Telephone: (646) 837-7150
Facsimile: (212) 989-9163
E-mail: pfraietta@bursor.com
- and -
Stefan Bogdanovich, Esq.
Emily A. Horne, Esq.
BURSOR & FISHER, P.A.
1990 North California Blvd., Suite 940
Walnut Creek, CA 94596
Telephone: (925) 300-4455
Facsimile: (925) 407-2700
E-mail: sbogdanovich@bursor.com
JOHN HANCOCK: Linhart Can File Class Certification Bid Under Seal
-----------------------------------------------------------------
In the class action lawsuit captioned as BARBARA LINHART, on behalf
of herself and others similarly situated, v. JOHN HANCOCK LIFE
INSURANCE COMPANY (U.S.A.) and DOES 1 to 50, inclusive, Case No.
5:21-cv-01640-JWH-kk (C.D. Cal.), the Hon. Judge John W. Holcomb
entered an order granting the Plaintiff's application to file under
seal the Plaintiff's motion for class certification and certain
supporting documents.
-- The following unredacted documents shall be filed under seal
pursuant to L.R. 79-5:
a. The Plaintiff's Memorandum of Points and Authorities in
Support
of the Plaintiff's Motion for Class Certification and
Appointment of Class Representative and Class Counsel; and
b. Exhibits 4, 5, 9, and 10 to the Declaration of Christopher
R.
Pitoun in Support of Plaintiff's Motion for Class
Certification
And Appointment of Class Representative and Class Counsel.
John Hancock provides insurance products and financial services.
A copy of the Court's order dated Jan. 22, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=2Jb3Y3 at no extra
charge.[CC]
JOHN LOPEZ: Dudley Bid for Joinder & Class Certification Nixed
--------------------------------------------------------------
In the class action lawsuit captioned as ANTONIO DUDLEY, CARL
JONES; CHRISTIAN OJEDA, DANIEL HUFITMAN, ERNEST BROWN, CERARD
BUENTELLO, PAUL BENNETT, PAUL ANTHONY OJEDA, RICKY HARRELL, v. JOHN
LOPEZ, el al., Case No. 5:23-cv-00291-C (N.D. Tex.), the Hon. Judge
Sam R. Cummings entered an order as follows:
(l) The Plaintiffs' requests for joinder and class
certification,
to the extent that they assert them here, are denied.
(2) The complaint of Antonio Dudley will continue in this Civil
Action No. 5:23-CV00291-C. All other named plaintiffs shall
be
terminated as parties to this action without prejudice to
their
rights to file their own individual complaints ifthey
desire.
(3) In light of the Court's ruling, Paul Bennett's motion to be
removed as named party to this case is dismissed as
unnecessary.
The Plaintiff Dudley is a state prisoner incarcerated in the TDCJ
Montford Unit. He signed and filed a purported class action on
behalf of eight other inmates that, like him, are "dialysis
patients." Dudley complains that TDCJ employees are discriminating
against him and his fellow inmates because of their condition, in
violation of the American with Disabilities Act.
A copy of the Court's order dated Jan. 22, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=1HrzvP at no extra
charge.[CC]
KAMBRIAN CORPORATION: Faces Spencer Wage-and-Hour Suit in Cal.
--------------------------------------------------------------
THERESA SPENCER, individually and on behalf of all others similarly
situated, Plaintiff v. KAMBRIAN CORPORATION, HENRY HSIEH, CATHY
HSIEH, and DOES 1 through 50, inclusive, Defendants, Case No.
24STCV03246 (Cal. Super., Los Angeles Cty., February 7, 2024) is a
class action against the Defendants for violations of California
Labor Code and California's Business and Professions Code including
failure to pay overtime wages, failure to provide accurate itemized
wage statements, failure to comply with inspection request, failure
to maintain records, failure to provide meal periods, failure to
provide rest breaks, failure to reimburse necessary business
expenses, retaliation, discrimination, harassment, failure to
prevent discrimination and harassment, and unfair business
practices.
The Plaintiff was employed by Defendant Kambrian Corporation as a
services operations associate on December 18, 2019. She was
promoted to a senior service operations manager in October 2021.
Kambrian Corporation is a software company in West Covina,
California. [BN]
The Plaintiff is represented by:
David V. Jafari, Esq.
Saul Acherman, Esq.
Eli Hamblet, Esq.
JAFARI LAW GROUP, INC.
2020 Main Street, Suite 350
Irvine, CA 92614
Telephone: (949) 362-0100
E-mail: djafari@jafarilawgroup.com
sacherman@jafarilawgroup.com
ehamblet@jafarilawgroup.com
KANSAS DAIRY: Fails to Provide WARN Notice, Gonzales Suit Claims
----------------------------------------------------------------
TABITHA GONZALES, on behalf of herself and those similarly
situated, Plaintiff v. KANSAS DAIRY INGREDIENTS, LLC, Defendant,
Case No. 2:24-cv-02049-JWB-GEB (D. Kan., February 9, 2024) arises
from the Defendant's failure to provide its affected employees who
were temporarily or permanently terminated on or around January 19,
2024, with Worker Adjustment and Retraining Notification Act's
Notices and other benefits.
Plaintiff Tabitha Gonzales was employed by Defendant at its
Hugoton, Kansas facility. She was terminated without cause and did
not receive 60 days' notice of her termination, says the suit.
Headquartered in Overland Park, Johnson County, Kansas, Kansas
Dairy is a world leader in the manufacturing and marketing of
ultra-filtered concentrated milk products. The company is
independent and privately owned and was established in 2012. [BN]
The Plaintiff is represented by:
Richard S. Fisk, Esq.
BEAM-WARD, KRUSE, WILSON & FLETES, LLC
8645 College Boulevard, Suite 250
Overland Park, KS 66210
E-mail: (913) 339-6888
Facsimile: (913) 339-9653
E-mail: rfisk@bkwflaw.com
- and -
J. Gerard Stranch, IV, Esq.
Michael C. Iadevaia, Esq.
STRANCH, JENNINGS, & GARVEY, PLLC
223 Rosa Parks Ave. Suite 200
Nashville, TN 37203
Telephone: (615) 254-8801
Facsimile: (615) 255-5419
E-mail: gstranch@stranchlaw.com
miadevaia@stranchlaw.com
KEENAN AND ASSOCIATES: Reyes Files Fraud Suit in C.D. California
----------------------------------------------------------------
A class action lawsuit has been filed against Keenan and
Associates. The case is captioned as ZED REYES, individually and on
behalf of all others similarly situated v. KEENAN AND ASSOCIATES,
Case No. 8:24-cv-00274-JWH-ADS (C.D. Cal., February 8, 2024).
The nature of the suit is stated as 370 Other Fraud.
Keenan and Associates is a privately held insurance consulting and
brokerage firm, headquartered in Torrance, California. [BN]
The Plaintiff is represented by:
Adrian Robert Bacon, Esq.
LAW OFFICES OF TODD FRIEDMAN PC
21031 Ventura Boulevard Suite 340
Woodland Hills, CA 91364
Telephone: (323) 306-4234
Facsimile: (866) 633-0228
E-mail: abacon@toddflaw.com
KEENAN AND ASSOCIATES: Ruma Files Personal Injury Suit in C.D. Cal.
-------------------------------------------------------------------
A class action lawsuit has been filed against Keenan and
Associates. The case is captioned as ROBERT RUMA, individually and
on behalf of all others similarly situated, v. KEENAN AND
ASSOCIATES, Case No. 2:24-cv-01070 (C.D. Cal., February 8, 2024).
The nature of the suit is stated as 360 Torts - Personal Injury -
Other Personal Injury.
Keenan and Associates is a privately held insurance consulting and
brokerage firm, headquartered in Torrance, California. [BN]
The Plaintiff is represented by:
Daniel Z. Srourian, Esq.
SROURIAN LAW FIRM
3435 Wilshire Boulevard, Suite 1710
Los Angeles, CA 90010
Telephone: (213) 474-3800
Facsimile: (213) 471-4160
E-mail: daniel@slfla.com
KETCHUM INC: Karnas Sues Over Mass Solicitation of Investments
--------------------------------------------------------------
Dominik Karnas, et al., on behalf of themselves and all others
similarly situated, Plaintiff v. Ketchum, Inc., Defendant, Case No.
1:24-cv-20534-DPG (S.D. Fla., February 9, 2024) arises from the
Defendant's deceptive and unlawful promotions of Voyager's platform
and its investment products that violated the state and federal
securities laws.
The Defendant was engaged in the mass solicitation of investments
in unregistered securities on behalf of Voyager. With the help of
Defendant and the celebrity promoters to operate the marketing end
of their scheme, including Cuban and the Mavericks, they targeted
retail investors in Florida and across the country, many with
admittedly very limited experience with cryptocurrency.
Headquartered in New York, NY, Ketchum Inc. operates as a
full-service communications consultancy that creates influential
communications campaigns and provides marketing, branding, and
corporate communications services to companies around the world,
including in Florida. [BN]
The Plaintiff is represented by:
Adam M. Moskowitz, Esq.
Joseph M. Kaye, Esq.
Barbara C. Lewis, Esq.
John E. Rodstrom, Esq.
THE MOSKOWITZ LAW FIRM, PLLC
2 Alhambra Plaza, Suite 601
Coral Gables, FL 33134
Telephone: (305) 740-1423
E-mail: adam@moskowitz-law.com
joseph@moskowitz-law.com
barbara@moskowitz-law.com
john@moskowitz-law.com
- and -
Kerry J. Miller, Esq.
FISHMAN HAYGOOD L.L.P.
201 St. Charles Avenue, 46th Floor
New Orleans, LA 70170-4600
Telephone: (504) 586-5252
Facsimile: (504) 586-5250
E-mail: kmiller@fishmanhaygood.com
mwells@fishmanhaygood.com
hpaschal@fishmanhaygood.com
- and -
Stephen Neal Zack, Esq.
Tyler Ulrich, Esq.
BOIES SCHILLER FLEXNER LLP
100 SE 2nd St., Suite 2800
Miami, FL 33131
Telephone: (305) 539-8400
Facsimile: (305) 539-1307
E-mail: szack@bsfllp.com
tulrich@bsfllp.com
- and -
Reed D. Forbush, Esq.
BOIES SCHILLER FLEXNER LLP
44 Montgomery Street 41st Floor
San Francisco, CA 94104
Telephone: (415) 293 6800
E-mail: rforbush@bsfllp.com
- and -
Jose Ferrer, Esq.
Desiree Fernandez, Esq.
MARK MIGDAL HAYDEN LLP
80 SW 8th Street, Suite 1999
Miami, FL 33130
Telephone: (305) 374-0440
E-mail: jose@markmigdal.com
desiree@markmigdal.com
KSL CAPITAL: Misleads Stockholders to Approve Merger, McFee Alleges
-------------------------------------------------------------------
DOMINIC MCFEE, on behalf of himself and all others similarly
situated, Plaintiff v. ERIC AFFELDT, MARTIN J. NEWBURGER, RAFAEL
PASTOR, EDWARD PHILIP, BRIAN WITHEROW, and KSL CAPITAL PARTNERS
MANAGEMENT V, LLC, Defendants, Case No. 2024-0112-SG (Del. Ch.,
February 8, 2024) is a class action against the Defendant for
breach of fiduciary duty, aiding and abetting, and unjust
enrichment claims.
The Plaintiff brings a verified stockholder class action complaint
against the Defendants in connection with a merger agreement that
was completed on April 6, 2021, which took BLADE Urban Air
Mobility, Inc. (Legacy BLDE), public. The Defendants had caused the
Proxy and other Securities and Exchange Commission (SEC) filings to
materially mislead the company's stockholders on key topics,
thereby deceiving them out of exercising their redemption rights
and voting against the merger. The trading price of BLDE common
stock is a fraction of its redemption value, thereby confirming
that the merger was neither entirely fair nor anywhere close to it.
As a result of the Defendants' misconduct, the Plaintiff and the
Class were harmed by these breaches of fiduciary duty, including by
failing to redeem their shares prior to the redemption date, says
the suit.
KSL Capital Partners Management V, LLC is a private equity firm
with offices in the U.S. [BN]
The Plaintiff is represented by:
Stephen E. Jenkins, Esq.
Richard D. Heins, Esq.
Tiffany Geyer Lydon, Esq.
ASHBY & GEDDES, P.A.
500 Delaware Avenue, 8th Floor
P.O. Box 1150
Wilmington, DE 19899
Telephone: (302) 654-1888
- and -
Donald J. Enright, Esq.
Brian D. Stewart, Esq.
LEVI & KORSINSKY, LLP
1101 Vermont Ave., Suite 700
Washington, DC 20005
Telephone: (202) 524-4290
KYLE WILKINS: Krenzer Suit Seeks to Certify Class of New Yorkers
----------------------------------------------------------------
In the class action lawsuit captioned as Krenzer v. Kyle Wilkins,
et al., Case No. 6:24-cv-06007-CJS (W.D.N.Y.), the Plaintiff asks
the Court to enter an order certifying a class of:
"The Red Right hand Rifle Syndicate Workers Assembly (RRHRS, 4
individuals), the Conquest of Lead Ammo Konsumers Assembly
(CLAKA
215 individuals), Mr & Mrs John and Jane Doe and all Past and
Prospective Ingterstate Commerce Clients who have been harassed,
inconvenienced, had orders seized, and has their First and
Second
Amendment rights meaningfully restricted and damaged by the
Defendants' conspiracy (51+ individuals), and all New Yorkers
damaged in their 2A rights by unconstitutional NYSDoMH reporting
policy."
A copy of the Plaintiff's motion dated Jan. 23, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=7ETPvW at no extra
charge.[CC]
L & B GARDENS INC: Martinez Files ADA Suit in E.D. New York
-----------------------------------------------------------
A class action lawsuit has been filed against L & B Gardens, Inc.
The case is styled as Silvia Martinez, on behalf of herself and all
others similarly situated v. L & B Gardens, Inc., Case No.
1:24-cv-00709-PK (E.D.N.Y., Jan. 31, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
L&B Spumoni Gardens -- https://spumonigardens.com/ -- is an
Italian-American pizzeria-restaurant in the Gravesend neighborhood
of Brooklyn in New York Cityh.[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
LA CASA: Fails to Pay Proper Overtime Wages, Collazo Suit Alleges
-----------------------------------------------------------------
ANDREW COLLAZO, on behalf of himself and others similarly situated,
Plaintiff v. LA CASA OPERATIONS LLC, a Florida Limited Liability
Company, Defendant, Case No. 6:24-cv-00313 (M.D. Fla., February 12,
2024) alleges violations of the overtime provisions of the Fair
Labor Standards Act.
Plaintiff Collazo was employed as an hourly wage cook by La Casa
for its assisted living facility. From on or about November 30,
2023 until February 7, 2024, Plaintiff worked more than 40 hours
per week during nearly every week of his employment, without being
paid the federally mandated wage for overtime, says the suit.
La Casa Operations LLC operates an assisted living facility in
Merritt Island, FL. [BN]
The Plaintiff is represented by:
Robert S. Norell, Esq.
ROBERT S. NORELL, P.A.
300 N.W. 70th Avenue Suite 305
Plantation, FL 33317
Telephone: (954) 617-6017
Facsimile: (954) 617-6018
E-mail: rob@floridawagelaw.com
LACUNA AUTISM: Garcia Seeks Proper Payment of Overtime Premiums
---------------------------------------------------------------
JULIA GARCIA, on behalf of herself and all others similarly
situated, Plaintiff v. LACUNA AUTISM SERVICES, LLC, Defendant, Case
No. 5:24-cv-00141 (W.D. Tex., February 12, 2024) seeks to recover
overtime compensation, liquidated damages, attorney's fees,
litigation costs, costs of court, and pre-judgment and
post-judgment interest under the provisions of the Fair Labor
Standards Act.
Defendant Lacuna hired Plaintiff Garcia as a registered behavior
technician and regularly required her to complete notes for each
daily session she conducts so that Lacuna can bill insurance and
receive payment for these sessions. As a result, Plaintiff and most
RBTs work on their notes at home. Even though Lacuna knows RBTs
work on their notes at home, Lacuna does not pay RBTs for any time
spent working on their notes at home. Moreover, Lacuna willfully
committed violations of the FLSA by failing to pay overtime
premiums to its non-exempt RBTs for hours worked in excess of 40
hours per workweek, says the suit.
Lacuna Autism Services is a foreign limited liability company
organized in Colorado that operates out of a number of states,
including Colorado, Texas, Nevada and Tennessee. The company
provides assessment services and develops treatment programs
designed to aid in the therapy of children with autism. [BN]
The Plaintiff is represented by:
Douglas B. Welmaker, Esq.
WELMAKER LAW, PLLC
409 N. Fredonia, Suite 118
Longview, TX 75601
Telephone: (512) 799-2048
E-mail: doug@welmakerlaw.com
LINKEDIN CORP: Jackson Sues Over Invasion of Privacy
----------------------------------------------------
JACQUELINE JACKSON, individually and on behalf of all others
similarly situated, Plaintiff v. LINKEDIN CORPORATION, Defendant,
Case No. 5:24-cv-00812 (N.D. Cal., February 9, 2024) arises from
the Defendant's actions and activities that allegedly violated
Driver's Privacy Protection Act and the California Invasion of
Privacy Act.
In January 2024, Plaintiff first discovered that LinkedIn secretly
used the LinkedIn Pixel to obtain personal information from her
motor vehicle record, learn the contents of her communications with
the California Department of Motor Vehicles, and use the personal
information and data it obtained from her motor vehicle driving
record and communications with the DMV. This information was
obtained by the DMV after Plaintiff provided it to the DMV in
connection with her disability placard application and renewal.
Allegedly, LinkedIn Pixel has allowed LinkedIn to secretly amass
massive amounts of personal information and data about Plaintiff
and Class Members and then use that information and data to
generate substantial revenue from advertising and marketing
services, says the suit.
Headquartered in Sunnyvale, CA, LinkedIn Corporation markets itself
as the world's largest professional network on the internet. [BN]
The Plaintiff is represented by:
Roland Tellis, Esq.
Sterling L. Cluff, Esq.
Michael J. Pacelli, Esq.
BARON & BUDD, P.C.
15910 Ventura Blvd., Suite 1600
Encino, CA 91436
Telephone: (818) 839-2333
E-mail: rtellis@baronbudd.com
scluff@baronbudd.com
mpacelli@baronbudd.com
- and -
Don Bivens, Esq.
DON BIVENS PLLC
15169 N. Scottsdale Road, Suite 205
Scottsdale, AZ 85254
Telephone: (602) 708-1450
E-mail: don@donbivens.com
LIONUDADAKIS FIREWOOD: Araiza Files Class Suit in Cal. State Court
------------------------------------------------------------------
A class action lawsuit has been filed against Lionudadakis
Firewood. The case is captioned as ISRAEL HERNANDEZ ARAIZA,
individually and on behalf of all others similarly situated, v.
LIONUDADAKIS FIREWOOD, Case No. STK-CV-UOE-2024-0001540 (Cal.
Super., San Joaquin Cty., February 8, 2024).
A case management conference is set for August 29, 2024, before
Judge George J. Abdallah.
Lionudadakis Firewood is an agricultural service provider in
Escalon, California. [BN]
The Plaintiff is represented by:
Hengameh Safaei, Esq.
NORTH LAW PC
12100 Wilshire Boulevard, 8th Floor
Los Angeles, CA 90025
Telephone: (213) 868-3232
E-mail: safaei@northlegalpc.com
MACALESTER COLLEGE: General Pretrial Management Entered in Senior
-----------------------------------------------------------------
In the class action lawsuit captioned as MILAGROS SENIOR, v.
MACALESTER COLLEGE, Case No. 1:24-cv-00253-JHR-BCM (S.D.N.Y.), the
Hon. Judge Barbara Moses entered an order regarding general
pretrial management as follows:
-- All pretrial motions and applications, including those related
to
scheduling and discovery (but excluding motions to dismiss or
for
judgment on the pleadings, for injunctive relief, for summary
judgment, or for class certification under Fed. R. Civ. P. 23)
be made to Judge Moses and in compliance with this Court's
Individual Practices in Civil Cases, available on the Court's
website at https://nysd.uscourts.gov/hon-barbara-moses.
-- Once a discovery schedule has been issued, all discovery must
be
initiated in time to be concluded by the close of discovery set
by
the Court.
-- Discovery applications, including letter-motions requesting
discovery conferences, must be made promptly after the need for
such an application arises and must comply with Local Civil
Rule
37.2 and section 2(b) of Judge Moses's Individual Practices.
-- For motions other than discovery motions, pre-motion
conferences
are not required, but may be requested where counsel believe
that
an informal conference with the Court may obviate the need for
a
motion or narrow the issues.
-- Requests to adjourn a court conference or other court
proceeding
(including a telephonic court conference) or to extend a
deadline
must be made in writing and in compliance with section 2(a) of
Judge Moses's Individual Practices.
-- Counsel for the plaintiff must serve a copy of this Order on
any
defendant previously served with the summons and complaint,
must
serve this Order along with the summons and complaint on all
defendants served hereafter, and must file proof of such
service
with the Court.
Macalester College is a private liberal arts college in Saint Paul,
Minnesota.
A copy of the Court's order dated Jan. 18, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=m6Kae2 at no extra
charge.[CC]
MACRO DIGITAL: Fails to Pay Minimum & OT Wages Under FLSA
---------------------------------------------------------
PAUL STAVOLA, individually and on behalf of those individuals
similarly situated v. MACRO DIGITAL TECHNOLOGY CORP., and PETER
KACZENSKI, Case No. 2:24-cv-00026 (E.D.N.Y., Jan. 2, 2024) sues the
Defendant for failing to pay minimum and overtime wages under the
Fair Labor Standards Act.
The suit claims that the Plaintiff was paid at an hourly rate of 30
dollars and zero cents per hour regardless of the work. The
Defendants only paid the Plaintiff his regular rate of pay for
hours that he worked each workweek. The Plaintiff regularly worked
on Public Works Projects, including Suffolk County Police
Departments, sewer districts, sewer plants, and public airports.
The Defendants failed to pay the Plaintiff the proper prevailing
wage rates for work he performed on Public Work Projects; failed to
pay the Plaintiff the proper supplemental benefits rate for work he
performed on Public Work Projects; and failed to pay the Plaintiff
time and one half his prevailing rates of pay when he worked more
than 40 hours per week on any of the Public Works Projects, the
suit asserts.
The Plaintiff, as class representative, also brings this action on
behalf of himself and of those similarly situated and former
employees of the Defendants in New York pursuant to the Federal
Rules of Civil Procedure 23 (Rule 23) to recover the wages the
Defendants failed to pay them in violation of the New York Labor
Law, along with supporting New York State Department of Labor
Regulations, and the New York State common law.
The Plaintiff was hired by the Defendants on 20003. For the period
relevant to this action, starting on January 20148 to November
2022, the Plaintiff was employed as a technician working for the
benefit of the Defendants.
Macro is a technology and security integrator that specializes in
LAN and WAN based security products.[BN]
The Plaintiff is represented by:
Saul D. Zabell, Esq.
ZABELL & COLLOTTA, P.C.
1 Corporate Drive, Suite 103
Bohemia, NY 11716
Telephone: (631) 589-7242
Facsimile: (631) 563-7475
E-mail: szabell@laborlawsny.com
MAGNOLIA BANK: Bid to Dismiss Jewell Class Action Denied
--------------------------------------------------------
In the class action lawsuit captioned as TONIA JEWELL, ET AL. v.
MAGNOLIA BANK, INC., Case No. 3:23-cv-00078-RGJ-RSE (W.D. Ky.), the
Hon. Judge Rebecca Grady Jennings entered an order that:
(1) Magnolia's motion to dismiss is denied:
-- Magnolia's Motion to Dismiss as to Jewell's claim for
direct
liability is denied.
-- To the extent that Jewell's claims for vicarious
liability
rely on a theory of implied actual authority or
ratification, Magnolia's Motion to Dismiss is denied.
-- To the extent that Jewell's vicarious liability claim
relies
on a theory of apparent authority, Magnolia's Motion to
Dismiss is denied.
(2) Magnolia's Motion to Strike Class Allegations is denied.
(3) Magnolia's first Motion to Dismiss and first Motion to
Strike
Class Allegations are denied as moot.
(4) The Court will refer the case for Rule 16 conference with
the
Magistrate Judge by separate order.
Magnolia argues that Jewell does not meet the class definition
because Jewell "did not answer the call" from Magnolia Bank and so
she cannot assert they were telemarketing calls," and maintains
that Magnolia cannot be held vicariously liable for the calls
Rasani made.
The Amended Complaint alleges that Jewell and a proposed class of
similarly situated Plaintiffs are registered on the national
do-not-call registry but received telemarketing calls from Magnolia
or a third-party telemarketing agency, Rasani, on behalf of
Magnolia.
A proposed class definition may be overly broad if "it would
include members who have not suffered harm at the hands of the
Defendant and are not at risk to suffer such harm. "
Jewell defines the proposed class as:
"All persons in the United States whose numbers are listed on
the
national do-notcall registry, and received two or more
telemarketing calls within any 12-month period from Defendant or
its agents to their residential telephone number 31 or more days
after the telephone number was listed on the national
do-not-call
registry at any time in the period that begins four years before
the filing of the complaint in this action to the date that
class
notice is disseminated (the "Class Period").
Magnolia was founded in 1919 and offers both purchase and refinance
home loans.
A copy of the Court's order dated Jan. 18, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=ByXm3p at no extra
charge.[CC]
MARINE LAYER INC: Redick Files ADA Suit in C.D. California
----------------------------------------------------------
A class action lawsuit has been filed against Marine Layer Inc. The
case is styled as Crystal Redick, individually and on behalf of all
others similarly situated v. Marine Layer Inc., Case No.
2:23-cv-10777-JFW-BFM (C.D. Cal., Dec. 26, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Marine Layer Inc. -- https://www.marinelayer.com/ -- is a
manufacturer of casual apparel intended to redefine soft
clothes.[BN]
The Plaintiff is represented by:
Robert Sibilia, Esq.
OCEANSIDE LAW CENTER
28202 Cabot Road Suite 300
Laguna Niguel, CA 92677
Phone: (760) 666-1151
Fax: (818) 698-0300
Email: robert@oceansidelawcenter.com
MARINHEALTH MED: Negligence Claims Dismissed with Leave to Amend
----------------------------------------------------------------
In the class action lawsuit captioned as C. M., v. MARINHEALTH
MEDICAL GROUP, INC., Case No. 3:23-cv-04179-WHO (N.D. Cal.), the
Hon. Judge William H. Orrick entered an order that:
-- The negligence claims is dismissed with leave to amend. The
remainder of the motion to dismiss is denied.
-- The Plaintiff shall file his Amended Complaint within 20 days
of
the date of this Order.
The Plaintiff C.M. sues MarinHealth Medical for a number of privacy
right claims. The Plaintiff alleges that MarinHealth failed "to
implement adequate and reasonable measures to ensure that the
"personally identifiable information ('PII') and protected health
information ('PHI') was protected and instead allowed "unauthorized
third parties, including Meta Platforms to intercept" information
regarding users' use of defendants' websites to seek healthcare
related services through implementation of Meta's "Pixel"
technology.
MarinHealth moves to dismiss four of the nine causes of action
alleged, seeking dismissal of the claims for: (1) negligence; (2)
breach of implied contract; (3) larceny, Cal. Penal Code section
496(a)&(c); and (4) unjust enrichment.
MarinHealth is a healthcare system serving Marin County and the
surrounding areas.
A copy of the Court's order dated Jan. 19, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=CYJLh0 at no extra
charge.[CC]
MARRIOTT INT'L: Parties Seek to Vacate Portions of March 30 Order
-----------------------------------------------------------------
In the class action lawsuit captioned as TODD HALL and GEORGE
ABDELSAYED, individually, and on behalf of all others similarly
situated, v. MARRIOTT INTERNATIONAL, INC., Case No.
3:19-cv-01715-JO-AHG (S.D. Cal.), the parties file a joint motion
to vacate the portions of the Court's March 30, 2023 Order
certifying an Issues-only class, and to dismiss the action with
prejudice.
On March 30, 2023, the Court issued an Order Granting in Part and
Denying in Part the Parties' Motions for Summary Judgment and
Granting in Part and Denying in Part Plaintiffs' Motion to Certify
the Class.
In the Order, the Court denied Plaintiffs' request to certify the
proposed classes under FRCP 23(b)(2) and (b)(3), but certified an
"issues class" pursuant to FRCP 23(c)(4). Id. at 41-42.
On Nov. 14, 2023, the parties participated in a nearly all-day
mediation before the Hon. Peter D. Lichtman (Ret.) in Los Angeles,
California in connection with this case and related case number
3:23-cv-01764-JO-AHG previously served as head of the Los Angeles
County Superior Court’s Mandatory Settlement Program.
Marriott is an American multinational company that operates,
franchises, and licenses lodging including hotel, residential and
timeshare properties
A copy of the Parties' dated Jan. 19, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=MHXI5v at no extra
charge.[CC]
The Plaintiffs are represented by:
Ronald A. Marron, Esq.
Lilach Halperin, Esq.
LAW OFFICES OF RONALD A. MARRON
651 Arroyo Drive
San Diego, CA 92103
Telephone: (619) 696-9006
Facsimile: (619) 564-6665
E-mail: ron@consumersadvocates.com
lilach@consumersadvocates.com
- and -
L. Timothy Fisher, Esq.
BURSOR & FISHER, P.A.
1990 North California Blvd., Suite 940
Walnut Creek, CA 94596
Telephone: (925) 300-4455
Facsimile: (925) 407-2700
E-mail: ltfisher@bursor.com
- and -
Robert L. Teel, Esq.
LAW OFFICE OF ROBERT L. TEEL
1425 Broadway, Mail Code: 20-6690
Seattle, WA 98122
Telephone: (866) 833-5529
Facsimile: (855) 609-6911
E-mail: lawoffice@rlteel.com
The Defendant is represented by:
Brett N. Taylor, Esq.
Paul K. Leary, Jr., Esq.
Chad E. Kurtz, Esq.
COZEN O'CONNOR
601 S. Figueroa Street, Suite 3700
Los Angeles, CA 90017
Telephone: (213) 892-7925
Facsimile: (213) 892-7999
E-mail: btaylor@cozen.com
pleary@cozen.com
ckurtz@cozen.com
MARS PETCARE: Moore Suit Seeks to Seal Class Cert Documents
-----------------------------------------------------------
In the class action lawsuit captioned as TAMARA MOORE, GRETA L.
ERVIN, RAFF ARANDO, NICHOLS SMITH, RENEE EDGREN, and CYNTHIA WELTON
on behalf of themselves and all others similarly situated, v. MARS
PETCARE US, INC.; ROYAL CANIN U.S.A., INC.; and HILL'S PET
NUTRITION, INC., Case No. 3:16-cv-07001-MMC (N.D. Cal.), the
Plaintiffs file an administrative motion to consider whether
another party's material should be sealed re: plaintiffs'
supplemental memorandum of points and authorities in support of its
motion for class certification against
the Mars Petcare.
The portions of the documents sought to be sealed are:
Document Portions to Be Filed Under
Seal
PLAINTIFFS' SUPPLEMENTAL Pg. 2, lines 3-4, 19-20, 22-24
MEMORANDUM OF POINTS Pg. 3: lines 1, 13-14, 20–23
AND AUTHORITIES IN Pg. 4: lines 1-2, 16–19,
17–18, 19,
SUPPORT OF ITS MOTION FOR Pg. 5, lines 25-26
CLASS CERTIFICATION Pg. 9, line 27
AGAINST DEFENDANT MARS Pg. 10, lines 1-2, 5-10, 20-28
PETCARE US, INC. Pg. 11, lines 6-10, 12-21, 23-24
Pg. 12, lines 13–146, 18-21,
23-25
Pg. 13, line 1
Pg. 14, lines 6-9
Mars Petcare offers pet health care and food products.
A copy of the Plaintiffs' motion dated Jan. 17, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=RcHdfh at no extra
charge.[CC]
The Plaintiffs are represented by:
Michael A. Kelly, Esq.
Matthew D. Davis, Esq.
WALKUP, MELODIA, KELLY
& SCHOENBERGER
650 California Street, 26th Floor
San Francisco, CA 94108-2615
Telephone: (415) 981-7210
Facsimile: (415) 391-6965
E-mail: mkelly@walkuplawoffice.com
mdavis@walkuplawoffice.com
- and -
Michael L. McGlamry, Esq.
Kimberly J. Johnson, Esq.
Caroline G. McGlamry, Esq.
POPE MCGLAMRY, P.C.
3391 Peachtree Road, NE, Suite 300
Atlanta, GA 30326
Telephone: (404) 523-7706
Facsimile: (404) 524-1648
E-mail: mmcglamry@pmkm.com
kimjohnson@pmkm.com
carolinemcglamry@pmkm.com
- and -
Lynwood P. Evans, Esq.
Edward J. Coyne III, Esq.
Luke C. Tompkins, Esq.
WARD AND SMITH, P.A.
127 Racine Drive
Wilmington, NC 28403
Telephone: (910) 794-4800
Facsimile: (910) 794-4877
E-mail: lpe@wardandsmith.com
ejcoyne@wardandsmith.com
LCTompkins@wardandsmith.com
- and -
Daniel Shulman, Esq.
SHULMAN & BUSKE PLLC
126 North Third Street, Suite 401
Minneapolis, MN 55401
Telephone: (612) 870-7410
Facsimile: (612) 870-7462
E-mail: dan@shulmanbuske.com
- and -
Ellen M. Carey, Esq.
FORDE & O'MEARA LLP
191 North Wacker Drive, 31st Floor
Chicago, IL 60606
Telephone: (312) 641-1441
E-mail: ecarey@fordellp.com
The Defendants are represented by:
Michael Fredrick Tubach, Esq.
Hannah Y. Chanoine, Esq.
Gerard Savaresse, Esq.
Jeffrey A. N. Kopczynski, Esq.
Anna Schneider, Esq.
Richard B. Goetz, Esq.
Justine M. Daniels, Esq.
Jason Zarrow, Esq.
Amy Laurendeau, Esq.
O'MELVENY & MYERS LLP
Two Embarcadero Center, 28th Floor
San Francisco, CA 94111-3305
Direct: (415) 984-8876
Office: (415) 984-8700
Facsimile: (415) 984-8701
E-mail: mtubach@omm.com
hchanoine@omm.com
gsavaresse@omm.com
jkopczski@omm.com
aschneider@omm.com
rgoetz@omm.com
jdaniels@omm.com
alaurendeau@omm.com
jzarrow@omm.com
- and -
Jeffrey E. Faucette, Esq.
SKAGGS FAUCETTE LLP
Four Embarcadero Center, Suite 500
San Francisco, CA 94111
Office: (415) 295-1197
Facsimile: (415) 433-5994
E-mail: jeff@skaggsfaucette.com
- and -
Stephen D. Raber, Esq.
Joseph Bushur, Esq.
Campbell Curry-Ledbetter, Esq.
WILLIAMS & CONNOLLY LLP
725 Twelfth Street, N.W.
Washington, DC 20005
Office: (202) 434-5000
Facsimile: (2020 434-5029
E-mail: sraber@wc.com
jbusher@wc.com
ccurry-ledbetter@wc.com
MARS WRIGLEY: Pistorio Sues Over Mislabeled Pretzel Tube Snacks
---------------------------------------------------------------
EDWARD PISTORIO, individually and on behalf of all others similarly
situated, Plaintiff v. MARS WRIGLEY CONFECTIONERY US LLC,
Defendant, Case No. 2:24-cv-00090-SPC-NPM (M.D. Fla., Jan. 29,
2024) arises from the Defendant's unlawful marketing of its Cheddar
Cheese Stuffed Snacks, pretzel tubes described as having a "Filling
made with REAL CHEESE," in violation of the Florida Deceptive and
Unfair Trade Practices Act.
According to the complaint, the labeling of the product violated
FDUTPA because the representations that it contained a "Filling
Made With Real Cheese" above a block of freshly shredded cheddar
cheese, when it contained mainly synthetic and highly processed
ingredients and by-products, like palm oil and dairy product solids
and the unknown ingredient of "bakers' cheese," causes the product
to be "misbranded" because the labeling is false or misleading.
The Plaintiff, on behalf of similarly situated consumers, seeks to
recover for economic injury and/or loss he sustained based on the
misleading labeling and packaging of the product, a deceptive
practice under FDUTPA, by paying more for it than he otherwise
would have.
Mars Wrigley Confectionery manufactures chocolate, chewing gum,
mints and fruity confections.[BN]
The Plaintiff is represented by:
William Wright, Esq.
THE WRIGHT LAW OFFICE P.A.
515 N Flagler Dr Ste P300
West Palm Beach, FL 33401
Telephone: (561) 514-0904
E-mail: willwright@wrightlawoffice.com
MARTINEZ REFINING: Class Cert Filing in Piscitelli Due Dec. 20
--------------------------------------------------------------
In the class action lawsuit captioned as JOSEPH PISCITELLI, et al.,
v. MARTINEZ REFINING COMPANY LLC, Case No. 4:23-cv-04184-HSG (N.D.
Cal.), the Hon. Judge Haywood S. Gilliam, Jr. entered a scheduling
order as follows:
-- Amendment of Pleadings/Joinder: March 1, 2024
-- Close of Fact Discovery: Aug. 2, 2024
-- Exchange of Opening Expert Reports: Sept. 6, 2024
-- Exchange of Rebuttal Expert Reports: Oct. 4, 2024
-- Close of Expert Discovery: Nov. 15, 2024
-- Class Certification Filing Deadline: Dec. 20, 2024
-- Class Certification Opposition Deadline: Feb. 14, 2025
-- Class Certification Reply Deadline: March 7, 2025
-- Class Certification Hearing Deadline: April 10, 2025
Martinez refines gasoline, diesel, and jet fuel.
A copy of the Court's order dated Jan. 17, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=vBinF3 at no extra
charge.[CC]
MC CONCRETE: Martinez Sues Over Failure to Pay Overtime Wages
-------------------------------------------------------------
Jose Martinez, individually and on behalf of others similarly
situated, Plaintiff v. MC Concrete Works Texas, Corp., MC Concrete
Works LLC, and Martin Chalico, Defendants, Case No. 4:24-cv-00332
(S.D. Tex., Jan. 29, 2024) is a class action against the Defendants
to recover unpaid overtime that is required by the Fair Labor
Standards Act.
According to the complaint, the Defendants have a business plan
that includes paying non-exempt hourly employees the same hourly
rate for all hours worked, even those hours over 40 per workweek.
The Defendants' failure to pay the overtime premium required by law
allows them to gain an unfair advantage over competitors who follow
the law in their employment practices, says the suit.
Plaintiff Martinez has worked for Defendants as a
concrete/construction worker and helper from November of 2022 until
the present.
MC Concrete Works Texas, Corp. is a concrete contractor based in
Texas.[BN]
The Plaintiff is represented by:
Josef F. Buenker, Esq.
THE BUENKER LAW FIRM
P.O. Box 10099
Houston, TX 77206
Telephone: (713) 868-3388
Facsimile: (713) 683-9940
E-mail: jbuenker@buenkerlaw.com
MCCALLA RAYMER LEIBERT: Feldman Files FDCPA Suit in S.D. New York
-----------------------------------------------------------------
A class action lawsuit has been filed against McCalla Raymer
Leibert Pierce LLC. The case is styled as Mordechai Feldman,
individually and on behalf of all others similarly situated v.
McCalla Raymer Leibert Pierce LLC, Case No. 7:23-cv-11162-PMH
(S.D.N.Y., Dec. 22, 2023).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
McCalla Raymer Leibert Pierce, LLC -- https://mccalla.com/ -- is a
law firm in Iselin, New
Jersey.[BN]
The Plaintiff is represented by:
Rami Salim, Esq.
STEIN SAKS PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: rsalim@steinsakslegal.com
MDL 2903: Class Cert Hearing Set for Feb. 23 in Sleeper Suit
------------------------------------------------------------
In class action lawsuit re: Fisher-Price Rock 'n Play Sleeper
Marketing, Sales Practices, and Products Liability Litigation, Case
No. 1:19-md-02903 (W.D.N.Y., Filed Aug. 12, 2019), the Hon. Judge
Geoffrey Crawford entered an order scheduling hearing on motion to
certify class and initial pretrial conference for Feb. 23, 2024.
The hearing is to be held at United States District Court, Federal
Building, 11 Elmwood Avenue, Burlington, Vermont.
The "Rock 'n Play Sleeper" is an inclined infant "sleeper" that the
Defendants, until they were forced to recall it on April 12, 2019,
marketed and sold for ten years as suitable for safe infant sleep,
including prolonged and overnight sleep.
The Plaintiff contends that Defendants' marketing of this product
as safe for infant sleep, including prolonged and overnight sleep,
was intentional and overt. Not only is "Sleeper" in the name of the
product, but the boxes in which the Rock 'n Play Sleepers were
sold, and other materials used to promote them, prominently
exclaim, "Baby can sleep at a comfortable incline all night long!"
and make similar statements about its fitness for nighttime sleep.
The Rock 'n Play Sleeper is inherently unsafe as a sleeper and
unfit for its intended use. It poses a number of serious safety
risks that led to many documented infant deaths and injuries, the
Plaintiff adds.
The suit alleges violation of the Magnuson-Moss Warranty Act
involving torts -- personal injury -- product liability.
Fisher-Price is an American company that produces educational toys
for infants, toddlers and preschoolers.[CC]
MERCEDES BENZ: Monilaw Sues Over Vehicles' Veneer Wood Trim Defect
------------------------------------------------------------------
JENNIFER MONILAW and SHANNYN BURZESE, on behalf of themselves and
all others similarly situated, Plaintiffs v. MERCEDES BENZ GROUP AG
(f.k.a. DAIMLER AG) and MERCEDES BENZ USA, LLC, Defendants, Case
No. 1:24-cv-00608-TWT (N.D. Ga., February 9, 2024) is a class
action against the Defendants for breach of implied warranty,
equitable and injunctive relief, violation of the Magnuson-Moss
Warranty Act, unjust enrichment, fraud and suppression claim, and
violations of several consumer protection and unfair trade business
laws.
The case arises from the Defendants' design, manufacturing,
development, and marketing of Mercedes vehicles equipped with
defective Veneer Wood Trim. According to the complaint, the
affected vehicles have a latent defect that causes the Veneer Wood
Trim to crack. Mercedes knew or should have known, prior to the
Plaintiffs' purchases that the Veneer Wood Trim itself was
defective and would lead to the problems the Plaintiffs and Class
members are experiencing. The Defendants breached their implied
warranties by continuing to sell the defective vehicles and
refusing to remedy the issues; instead, Mercedes actively concealed
the defects from the Plaintiffs and Class members, the suit
asserts.
Mercedes Benz Group AG, formerly known as Daimler AG, is an
automobile company, with its principal place of business in
Stuttgart, Germany.
Mercedes Benz USA, LLC is a wholly owned subsidiary of Mercedes
Benz Group AG, with its principal place of business in Atlanta,
Georgia. [BN]
The Plaintiffs are represented by:
Taylor C. Bartlett, Esq.
HENINGER GARRISON DAVIS, LLC
2224 1st Avenue North
Birmingham, AL 35203
Telephone: (205) 326-3336
Facsimile: (205) 326-3332
E-mail: taylor@hgdlawfirm.com
- and -
Keith T. Vernon, Esq.
TIMONEY KNOX, LLP
1717 K. Street NW, Suite 900
Washington, DC 20006
Telephone: (202) 349-9864
Facsimile: (215) 540-2643
E-mail: kvernon@timoneyknox.com
- and -
Andrew W. Knox, Esq.
TIMONEY KNOX, LLP
400 Maryland Drive
Fort Washington, PA 19034
Telephone: (215) 646-6000
Facsimile: (215) 540-2643
E-mail: aknox@timoneyknox.com
- and -
Andrea R. Gold, Esq.
Allison Parr, Esq.
TYCKO & ZAVAREEI LLP
2000 Pennsylvania Avenue, NW, Suite 1010
Washington, DC 20006
Telephone: (202) 973-0900
Facsimile: (202) 973-0950
E-mail: agold@tzlegal.com
aparr@tzlegal.com
- and -
Troy M. Frederick, Esq.
Beth A. Frederick, Esq.
FREDERICK LAW GROUP PLLC
836 Philadelphia Street
Indiana, PA 15701
Telephone: (724) 801-8555
Facsimile: (724) 801-8358
E-mail: TMF@FrederickLG.com
BAF@FrederickLG.com
MERCEDES-BENZ USA: Hamm Suit Seeks to Certify Vehicle Owner Class
-----------------------------------------------------------------
In the class action lawsuit captioned as TERRY HAMM AND STEVEN
CHAN, On Behalf Of Themselves And All Others Similarly Situated, v.
MERCEDES-BENZ USA, LLC, Case No. 5:16-cv-03370-EJD (N.D. Cal.), the
Plaintiffs move the Court under Federal Rule of Civil Procedure 23
for class certification:
"All California owners and lessees of Mercedes-Benz vehicles
equipped with the 722.9 7G Tronic transmission who have not
received any free repairs to or free replacement of their 722.9
transmission by Defendant Mercedes-Benz USA, LLC ("MBUSA") or
its
agents."
Excluded from this Class definition are all employees, officers,
or
agents of MBUSA.
Also excluded from this Class definition are all judicial
officers
assigned to this case as well as their staff and immediate
families.
Mercedes-Benz is the distributor for Mercedes-Benz passenger cars
in the United States.
A copy of the Plaintiff's motion dated Jan. 22, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=t62DD1 at no extra
charge.[CC]
The Plaintiffs are represented by:
Roy A. Katriel, Esq.
THE KATRIEL LAW FIRM, P.C.
2262 Carmel Valley Rd., Suite 201
Del Mar, CA 92014
Telephone: (619) 363-3333
E-mail: rak@katriellaw.com
- and -
Gary S. Graifman, Esq.
KANTROWITZ GOLDHAMMER & GRAIFMAN, P.C.
747 Chestnut Ridge Road
Chestnut Ridge, NY 10977
Telephone: (845) 356-2570
E-mail: ggraifman@kgglaw.com
MERCEDES-BENZ: Bid for Leave to File 2nd Amended Complaint Tossed
-----------------------------------------------------------------
In the class action lawsuit captioned as HAGOP HADJIAN, v.
MERCEDES-BENZ USA, LLC, a New Jersey corporation, Case No.
1:21-cv-00469-ELR (N.D. Ga.), the Hon. Judge Eleanor L. Ross
entered an order denying the Plaintiff's "Motion for Leave to File
Second Amended Complaint."
Accordingly, pursuant to the Court's May 9, 2023 Order, the Court
lifts the previously imposed stay of all deadlines.
Because the Court entered that stay eight days before the
Plaintiff's deadline to file his class certification motion and any
associated expert reports, the Court directs the Plaintiff to make
these filings within eight days of this order.
In the instant putative consumer class action, the Plaintiff brings
claims on behalf of himself individually, and a potential class of
all persons in California, Florida, and the United States stemming
from an alleged defect in the front bumper cover and air inlets of
a class of Defendant Mercedes-Benz USA, LLC's vehicles.
According to the Plaintiff, the Class Vehicles "are defective in
that their front bumper covers and air inlets allow rocks, pebbles
and/or other road debris to enter and damage the Class Vehicles’
aluminum radiators, causing cooling system leaks, insufficient
coolant system pressure, and overheating, which causes head warping
and ultimately catastrophic engine failure (the 'Inlet Defect')."
Mercedes-Benz is the distributor for Mercedes-Benz passenger cars.
A copy of the Court's order dated Jan. 18, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=Rsmd1R at no extra
charge.[CC]
MICHAEL ISABELLA: Delcid Labor Suit Seeks $68K Default Judgment
---------------------------------------------------------------
In the class action lawsuit captioned as Delcid, et al., v.
Isabella, et al., Case No. 8:20-cv-03167-MJM (D. Md.), the
Plaintiffs ask the Court to enter an order of default judgment
against Isabella in amount of $68,846.64 and grant any other relief
the Court deems just and proper.
The Plaintiffs includes Lucas Delcid, Danielle Harris, and Milena
Radulovic. The Plaintiffs allege that Defendants violated Fair
Labor Standards Act ("FLSA") Minimum Wage Act ("DCMWA"), and Wage
Payment and Collection Law.
The Plaintiffs worked at Requin, a Washington, D.C. restaurant
owned by Defendant Michael Isabella, before the restaurant
permanently closed its doors on Dec. 22, 2018 with no notice to its
employees.
The Defendant Isabella was sole owner, President, and the Chief
Executive Officer of Requin. Requin declared bankruptcy.
The Plaintiff Harris, who ended her employment with Requin prior to
its closure, was not properly compensated by Requin at one and
one-half the regular rate of pay for all overtime hours worked
within a workweek.
A copy of the Plaintiffs' motion dated Jan. 23, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=JAmNq4 at no extra
charge.[CC]
The Plaintiffs are represented by:
Kail J. Jethmalani, Esq.
AXINN, VELTROP & HARKRIDER, LLP
114 West 47th Street
New York, NY 10036
Telephone: (202) 261-5649
Facsimile: (212) 728-2201
E-mail: kjethmalani@axinn.com
- and -
Lindsey Strang Aberg, Esq.
AXINN, VELTROP & HARKRIDER LLP
1901 L Street NW
Washington, DC 20036
Telephone: (202) 469-3550
E-mail: lstrang@axinn.com
- and -
Dennis Corkery, Esq.
WASHINGTON LAWYERS' COMMITTEE FOR
CIVIL RIGHTS AND URBAN AFFAIRS
700 14th Street NW, Suite 400
Washington, DC 20005
Telephone: (202) 319-1000
Facsimile: (202) 319-1010
E-mail: Dennis_Corkery@washlaw.org
MILTON ADAIR: Court Narrows Claims in Justin Suit
-------------------------------------------------
In the class action lawsuit captioned as DAUDI JUSTIN, and all
others similarly situated, and THE COMMUNITY SERVICE SOCIETY OF NEW
YORK, v. MILTON ADAIR TINGLING, in his official capacity as County
Clerk of New York County and Commissioner of Jurors, Case No.
1:22-cv-10370-NRB (S.D.N.Y.), the Hon. Judge Naomi Reice Buchwald
entered an order concluding that the Plaintiffs lack standing to
pursue their Sixth Amendment claim and thus grants defendant's
motion in that respect.
However, the Court finds that Justin has standing to pursue his
Fourteenth Amendment claim, which obviates the need for CSS to
independently demonstrate standing for the same claim. As such, the
Court denies defendant's motion as to plaintiffs' Fourteenth
Amendment claim, but grants defendant's request for leave to file a
motion to dismiss that claim under Federal Rule of Civil Procedure
12(b)(6).
The Defendant's motion shall be filed no more than thirty days from
the issuance of this order; plaintiffs' opposition shall be filed
no more than 30 days thereafter; and defendant's reply, if any,
shall be filed no more than 14 days after the Plaintiffs'
opposition.
The Plaintiffs bring this putative class action claiming that
Section 510(3) of New York's Judiciary Law, which disqualifies
convicted felons from serving on juries, is unconstitutional only
as applied in New York County under both the Sixth and Fourteenth
Amendments.
Justin is a Black man who resides in Manhattan and works as a
public defender in Harlem.
A copy of the Court's memorandum and order dated Jan. 23, 2024 is
available from PacerMonitor.com at https://urlcurt.com/u?l=UpY6kJ
at no extra charge.[CC]
MLB ADVANCED: Wong Sues Over Web Users' Disclosed Info to Facebook
------------------------------------------------------------------
ERIC WONG, TERI SMITH, CHRISTOPHER FLETCHER, JAMES SHANNON, KEVIN
ADLER, SAM FLEISCHER, ANTHONY BOBECK, SAM ABBASSI, and ARCHIE
SANTOS DIAZ, individually and on behalf of all others similarly
situated, Plaintiffs v. MLB ADVANCED MEDIA, L.P. and DOES 1 through
50, inclusive, Defendants, Case No. 3:24-cv-00779 (N.D. Cal.,
January 8, 2024) is a class action against the Defendants for
violation of the Video Privacy Protection Act, California Civil
Code Section 1799.3, the California Invasion of Privacy Act, and
the California Unfair Competition Law.
According to the complaint, Defendant MLB has disclosed the
personally identifiable information (PII) of the visitors of its
website, MLB.com, to Meta Platforms, Inc. (Facebook) without
consent. The Defendant's website uses a computer code analytics
tool called the Meta Pixel, which was installed and implemented at
the discretion of the Defendant. The Pixel collects visitor
information and transmits it back to Meta. As a result, the
Defendant violated the Plaintiff's and the Class members'
statutorily protected privacy rights, says the suit.
MLB Advanced Media, L.P. is an internet company, with a principal
place of business at 1271 Avenue of the Americas, New York, New
York. [BN]
The Plaintiffs are represented by:
Caleb Marker, Esq.
ZIMMERMAN REED LLP
6420 Wilshire Blvd., Suite 1080
Los Angeles, CA 90048
Telephone: (877) 500-8780
Facsimile: (877) 500-8781
E-mail: caleb.marker@zimmreed.com
- and -
Jeffrey Harrington, Esq.
1100 IDS Center, 80 South 8th Street
Minneapolis, MN 55402
Telephone: (612) 341-0400
E-mail: jeffrey.harrington@zimmreed.com
- and -
Molly Billion, Esq.
1100 IDS Center, 80 South 8th Street
Minneapolis, MN 55402
Telephone: (612) 341-0400
E-mail: molly.billion@zimmreed.com
MONDELEZ INT'L: Class Cert Bid in Wallenstein Modified to 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, MONDELĒZ
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 Hon. Judge Vince Chhabria entered an order modifying the
Stipulated Scheduling Order as follows:
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,
10:00 a.m. in
person
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 International is an American multinational confectionery,
food, holding, beverage and snack food company.
A copy of the Court's order dated Jan. 22, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=TvOS3X at no extra
charge.[CC]
The Plaintiff is 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
MOTION CONTROL: Collins Files Suit in Cal. Super. Ct.
-----------------------------------------------------
A class action lawsuit has been filed against Motion Control
Engineering, Inc., et al. The case is styled as Crystal Collins,
and on behalf of others similarly situated v. Motion Control
Engineering, Inc., et al., Case No. 23CV013907 (Cal. Super. Ct.,
Sacramento Cty., Dec. 20, 2023).
Motion Control Engineering (MCE) is an American company that
manufactures elevators, elevator or escalator controllers, and
elevator parts.[BN]
MOUNTAIN LAUREL: Testimonies of Merritt, et al., Excluded in Part
-----------------------------------------------------------------
In the class action lawsuit captioned as TAYLOR COSTELLO, v.
MOUNTAIN LAUREL ASSURANCE COMPANY, Case No. 2:22-cv-00035-TAV-CRW
(E.D. Tenn.), the Hon. Judge Cynthia Richardson Wyrick entered an
order granting in part and denying in part the Defendant's motion
to exclude the reports and testimony of Jason Merritt, Kirk Felix,
and Jeffrey Martin.
While the Court's ruling as to Document 135 addresses the Daubert
motions previously filed in this matter, for clarity of the record,
the Clerk's Office shall document the following rulings as to those
previously filed motions:
-- Defendant's initial Motion to Exclude the Report and
Testimony
of Jeffrey Martin is denied without prejudice as premature;
-- Defendant's initial Motion to Exclude the Report and
Testimony
of Kirk Felix is granted in part and denied in part; and
-- Defendant's initial Motion to Exclude the Report and
Testimony
of Jason Merritt is denied.
-- Additionally, the Court recommends that the Plaintiff's
Motion
for Class Certification be granted.
Accordingly, the Court finds that this factor likewise weighs in
favor of certification.
Given the above, and after conducting a rigorous analysis, the
Court finds that Plaintiff has satisfied all requirements set forth
in Rule 23 necessary to justify certifying a class in this matter.
On March 25, 2021, the Plaintiff Costello was involved in a car
accident in which her vehicle was damaged. At the time of the
accident, Plaintiff's vehicle was insured under a policy issued by
Defendant Mountain Laurel Assurance Company.
The Plaintiff defines the proposed class as:
"All persons who made a first-party claim on a policy of
insurance
issued by Mountain Laurel Assurance Company to a Tennessee
resident
who, from April 7, 2016, through the date an order granting
class
certification is entered, received compensation for the total
loss
of a covered vehicle, where that compensation was based on an
Instant Report prepared by Mitchell (i.e. Report code = "COMP")
and
the actual cash value was decreased based upon Projected Sold
Adjustments to the comparable vehicles used to determine actual
cash value."
Mountain Laurel provides property and casualty insurance.
A copy of the Court's order dated Jan. 22, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=e0cbhH at no extra
charge.[CC]
MSI HEALTH SOLUTION: Nevels Files Suit in Cal. Super. Ct.
---------------------------------------------------------
A class action lawsuit has been filed against MSI Health Solution,
LLC, et al. The case is styled as Richard Nevels, an individual on
behalf of himself and all others similarly situated v. MSI Health
Solution, LLC, Super Care, Inc., Case No. 24STCV02453 (Cal. Super.
Ct., Los Angeles Cty., Jan. 30, 2024).
The case type is stated as "Other Employment Complaint Case
(General Jurisdiction)."
MSI Health Solutions -- https://msihealthsolutions.com/ -- is
offering medical devices delivery solutions to patients, pharmacies
& laboratories.[BN]
The Plaintiff is represented by:
George S. Azadian, Esq.
AZADIAN LAW GROUP, PC
707 Foothill Blvd., Ste. 200
La Canada Flt, CA 91011-3456
Phone: 626-449-4944
Fax: 626-628-1722
Email: george@azadianlawgroup.com
MYMOON CORP: Martin Files ADA Suit in E.D. New York
---------------------------------------------------
A class action lawsuit has been filed against MyMoon Corp. The case
is styled as Damian Martin, on behalf of himself and all others
similarly situated v. MyMoon Corp., Case No. 1:24-cv-00688
(E.D.N.Y., Jan. 31, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
MyMoon -- https://www.mymoonnyc.com/ -- is a restaurant & bar
moonlit garden oasis in the heart of Williamsburg.[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
NATIONAL ASSOCIATION: Jensen Sues Over Anticompetitive Practices
----------------------------------------------------------------
DALTON K. JENSEN, on behalf of himself and all others similarly
situated, Plaintiff v. THE NATIONAL ASSOCIATION OF REALTORS;
ANYWHERE REAL ESTATE INC.; HOMESERVICES OF AMERICA, INC.; HSF
AFFILIATES, LLC; BHH AFFILIATES, LLC; RE/MAX LLC; KELLER WILLIAMS
L.L.C.; KELLER WILLIAMS OF SALT LAKE; KW ST. GEORGE KELLER WILLIAMS
REALTY; KW WESTFIELD; EQUITY REAL ESTATE; CENTURY 21 EVEREST;
REALTYPATH, LLC; and WINDEMERE REAL ESTATE SVCS. CO., Defendants,
Case No. 2:24-cv-00109 (D. Utah, February 19, 2024) seeks treble
damages under federal antitrust law, treble damages under the Utah
Antitrust Act, injunctive relief, and the costs of this lawsuit,
including reasonable attorneys' fees, and demand a trial by jury.
The Plaintiffs, home sellers who listed their homes on one of four
Multiple Listing Services, bring this action against Defendants for
agreeing, combining, and conspiring to impose and enforce an
anticompetitive restraint that requires home sellers to pay the
broker representing the buyer of their homes, and to pay an
inflated amount, in violation of federal antitrust law and in
violation of Utah law.
Headquartered in Chicago, IL, National Association of Realtors is a
lobbying group that advocates for the interests of real estate
brokers, has over 1.2 million individual members. The organization
oversees fifty-four state and territorial realtor associations and
over 1,200 local realtor associations, including the Utah
Association of Realtors. [BN]
The Plaintiff is represented by:
Karra J. Porter, Esq.
Stephen D. Kelson, Esq.
CHRISTENSEN & JENSEN, P.C.
257 East 200 South, Suite 1100
Salt Lake City, UT 84111
Telephone: (801) 323-5000
Facsimile: (801) 355-3472
E-mail: Karra.Porter@chrisjen.com
Steve.Kelson@chrisjen.com
- and -
Robert E. Udall, Esq.
Joshua J. Harward, Esq.
THE LAW OFFICE OF BOBBY UDALL, PLLC
76 East 6790 South
Midvale, UT 84047
Telephone: (801) 980-7777
Fax: (801) 981-4679
E-mail: Bobby@bobbyudall.com
Josh@bobbyudall.com
NATIONAL BOARD: Giri Alleges Discrimination Against Nepali Doctors
------------------------------------------------------------------
DR. LATIKA GIRI, on behalf of herself and all others similarly
situated, Plaintiff v. THE NATIONAL BOARD OF MEDICAL EXAMINERS, c/o
CT Corporation System, 1015 15th Street NW, Suite 1000, Washington,
DC 20005, Defendants, Case No. 1:24-cv-00410 (D.D.C., February 12,
2024) alleges that the Defendant violated Title VII of the Civil
Rights Act of 1964 and Section 1981 of the Civil Rights Act of
1866.
The Plaintiff, Dr. Latika Giri, is a Nepali doctor who studied hard
and honestly for the U.S. Medical Licensing Exam and did well. She
verifies in this complaint under penalty of perjury that she did
not cheat on the exam or have unauthorized access to exam
questions. Still, the National Board of Medical Examiners (NBME)
immediately invalidated her scores on the explicit basis that she
is "associated with Nepal," Dr. Giri brings this class action on
her own behalf and on behalf of all Nepali doctors affected by
NBME's explicit discrimination, seeking damages for the harm
already caused and an immediate and permanent injunction preventing
further discriminatory treatment.
NBME in a corporation formed under the laws of the District of
Columbia. It administers the USMLE. [BN]
The Plaintiff is represented by:
Charles Gerstein, Esq.
Emily Gerrick, Esq.
GERSTEIN HARROW LLP
1001 G Street NW, Suite 400E
Washington, DC 20001
Telephone: (202) 670-4809
E-mail: charlie@gerstein-harrow.com
- and -
Jason Harrow, Esq.
GERSTEIN HARROW LLP
12100 Wilshire Blvd Ste. 800
Los Angeles, CA 90025
Telephone: (323) 744-5293
E-mail: jason@gerstein-harrow.com
- and -
James Crooks, Esq.
Kritika Debs, Esq.
FAIRMARK PARTNERS LLP
1001 G Street NW, Suite 400E
Washington, DC 20001
Telephone: (619) 547-4182
E-mail: jamie@fairmarklaw.com
NATPETS LLC: Beauchamp Files Civil Rights Suit in S.D.N.Y.
----------------------------------------------------------
A class action lawsuit has been filed against Natpets, LLC. The
case is captioned as KEVIN BEAUCHAMP, individually and on behalf of
all others similarly situated, v. NATPETS, LLC, Case No.
1:24-cv-00981 (S.D.N.Y., February 9, 2024).
The suit is brought over alleged violation of the Americans with
Disabilities Act.
Natpets, LLC is a pet care products company in New York. [BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
14749 71st Ave.
Flushing, NY 11367
Telephone: (917) 915-7415
E-mail: mars@khaimovlaw.com
NESTLE HEALTH: Fasce Sues Over Deceptive Marketing of Fish Oil
--------------------------------------------------------------
ANTHONY FASCE, individually and on behalf of all others similarly
situated, Plaintiff v. NESTLE HEALTH SCIENCE U.S., LLC (D/B/A
NATURE'S BOUNTY), Defendant, Case No. 7:24-cv-01009 (S.D.N.Y.,
February 9, 2024) asserts claims for breach of express warranty,
breach of implied warranties, quasi-contract, negligent
misrepresentation, intentional misrepresentation, and for
violations of the Magnuson-Moss Warranty Act, the New York General
Business Law, and several state consumer protection laws arising
from the Defendant's false and misleading claims that its fish oil
supplements supports cardiovascular health.
According to the complaint, fish oil makers, including the
Defendant, continue to market these supplements as helping
cardiovascular health. Each bottle of Defendant's fish oil
supplements is prominently labeled "Heart Health," and makes
claims about supporting heart health. However, multiple randomized
trials pitting fish oil against placebos show no evidence of
heart-related benefits from fish oil supplements, says the suit.
Headquartered in Hoboken, NJ, Nestle Health Science U.S., LLC
makes, sells, and markets Nature's Bounty brand fish oil
supplements. [BN]
The Plaintiff is represented by:
Christin Cho, Esq.
Simon Franzini, Esq.
DOVEL & LUNER, LLP
201 Santa Monica Blvd., Suite 600
Santa Monica, CA 90401
Telephone: (310) 656-7066
Facsimile: (310) 656-7069
E-mail: christin@dovel.com
simon@dovel.com
- and -
Alan M. Feldman, Esq.
Zachary Arbitman, Esq.
Samuel Mukiibi, Esq.
FELDMAN SHEPHERD WOHLGELERNTER TANNER WEINSTOCK & DODIG,
LLP
1845 Walnut Street, 21st Floor
Philadelphia, PA 19103
Telephone: (215) 567-8300
Facsimile: (215) 567-8333
NESTLE USA: Falcone Bid to File Docs Under Seal Tossed
------------------------------------------------------
In the class action lawsuit captioned as MARIE FALCONE, v. NESTLE
USA, INC., Case No. 3:19-cv-00723-L-DEB (S.D. Cal.), the Hon. Judge
M. James Lorenz entered an order denying the Plaintiff's
application for leave to file documents under seal.
The Court will not consider any exhibits or redacted corresponding
portions of her memorandum of points and authorities, unless
publicly filed or sealed pursuant to an order of this Court. The
Plaintiff may refile the application supported by a particularized
showing of compelling reasons.
Sealing court records implicates the "general right to inspect and
copy public records and documents, including judicial records and
documents."
Nestle produces and distributes nutritious food and beverage
products.
A copy of the Court's order dated Jan. 22, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=UyhU66 at no extra
charge.[CC]
NEVADA: McGuire Suit Seeks to Certify Class of Inmates
------------------------------------------------------
In the class action lawsuit captioned as Robert McGuire, v. Nevada
Department of Corrections, et al., Case No. 3:23-cv-00165-ART-CLB
(D. Nev.), the Plaintiff asks the Court to enter an order
certifying a class of inmates.
Department of Corrections is responsible for managing prisoners in
the state of Nevada.
A copy of the Plaintiff's motion dated Jan. 23, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=e7qKKq at no extra
charge.[CC]
NEW YORK LIFE: Krohnengold Class Cert Bid Tossed w/o Prejudice
--------------------------------------------------------------
In the class action lawsuit captioned as STUART KROHNENGOLD, et
al., v. NEW YORK LIFE INSURANCE COMPANY et al., Case No.
1:21-cv-01778-JMF (S.D.N.Y.), the Hon. Judge Jesse M. Furman
entered an order denying without prejudice the pending motion for
class certification to reinstatement in the event that the
settlement is not consummated or approved.
No later than Feb. 26, 2024, the parties shall file a motion for
class certification and preliminary approval of the class-wide
settlement.
The motion papers shall include a copy of the parties' proposed
settlement as well as a proposed schedule for notice to the class
members, for class members to opt-out, for preliminary approval of
the settlement, and for a fairness hearing, as well as a proposal
for the manner in which class members will be notified.
New York Life provides life insurance, wealth management, estate
and retirement planning, and investment services.
A copy of the Court's order dated Jan. 22, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=xmoNbU at no extra
charge.[CC]
NEW YORK LIFE: Linhart Seeks to File Class Cert Bid Under Seal
--------------------------------------------------------------
In the class action lawsuit captioned as BARBARA LINHART, on behalf
of herself and others similarly situated, v. NEW YORK LIFE
INSURANCE AND ANNUITY CORPORATION, and DOES 1 TO 50, inclusive,
Case No. 5:21-cv-01640-JWH-kk (C.D. Cal.), the Plaintiff file an
application to file under seal the Plaintiff's motion for class
certification and certain supporting documents.
On Jan. 18, 2024, the Defendant informed Plaintiff that it intends
to stand on some of its confidentiality designations for these
documents while agreeing to waive others. The Plaintiff applies for
an order regarding the sealing of these documents to comply with
the provisions set forth in the Protective Order.
New York Life provides annuity services.
A copy of the Plaintiff's motion dated Jan. 19, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=HCuF6a at no extra
charge.[CC]
The Plaintiff is represented by:
Christopher R. Pitoun, Esq.
Abigail D. Pershing, Esq.
HAGENS BERMAN SOBOL
SHAPIRO LLP
301 North Lake Avenue, Suite 920
Pasadena, CA 91101
Telephone: (213) 330-7150
E-mail: christopherp@hbsslaw.com
abigailp@hbsslaw.com
- and -
Joseph M. Vanek, Esq.
Mitchell H. Macknin, Esq.
Daniel A. Schmikler, Esq.
John P. Bjork, Esq.
Martin V. Sinclair, Esq.
SPERLING & SLATER, LLC
55 W. Monroe Street, Suite 3200
Chicago, IL 60603
Telephone: (312) 641-3200
E-mail: jvanek@sperling-law.com
mhmacknin@sperling-law.com
dschmikler@sperling-law.com
jbjork@sperling-law.com
mvs@sperling-law.com
- and -
David S. Klevatt, Esq.
KLEVATT & ASSOCIATES, LLC
77 West Wacker Drive, Suite 4500
Chicago, IL 60601-1604
Telephone: (312) 782-9090
E-mail: dklevatt@insurancelawyer.com
NEW YORK LIFE: Linhart Suit Seeks to Certify Putative Class
-----------------------------------------------------------
In the class action lawsuit captioned as BARBARA LINHART, on behalf
of herself and others similarly situated, v. NEW YORK LIFE
INSURANCE AND ANNUITY CORPORATION and DOES 1 to 50, inclusive, Case
No. 5:21-cv-01640-JWH-kk (C.D. Cal.), the Plaintiff asks the Court
to enter an order:
a) Certifying the putative class in this litigation;
b) Appointing her as class representative; and
c) Appointing Joseph M. Vanek of Sperling & Slater, LLC,
Christopher R. Pitoun of Hagens Berman Sobol Shapiro LLP,
and
David S. Klevatt of Klevatt & Associates, LLC as lead class
counsel.
The proposed class contains hundreds of putative class members all
with virtually identical claims, including Plaintiff, who is both
typical and an adequate representative of their interests.
New York Life provides annuity services.
A copy of the Plaintiff's motion dated Jan. 19, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=cmuil6 at no extra
charge.[CC]
The Plaintiff is represented by:
Christopher R. Pitoun, Esq.
Abigail D. Pershing, Esq.
HAGENS BERMAN SOBOL
SHAPIRO LLP
301 North Lake Avenue, Suite 920
Pasadena, CA 91101
Telephone: (213) 330-7150
E-mail: christopherp@hbsslaw.com
abigailp@hbsslaw.com
- and -
Joseph M. Vanek, Esq.
Mitchell H. Macknin, Esq.
Daniel A. Schmikler, Esq.
John P. Bjork, Esq.
Martin V. Sinclair, Esq.
SPERLING & SLATER, LLC
55 W. Monroe Street, Suite 3200
Chicago, IL 60603
Telephone: (312) 641-3200
E-mail: jvanek@sperling-law.com
mhmacknin@sperling-law.com
dschmikler@sperling-law.com
jbjork@sperling-law.com
mvs@sperling-law.com
- and -
David S. Klevatt, Esq.
KLEVATT & ASSOCIATES, LLC
77 West Wacker Drive, Suite 4500
Chicago, IL 60601-1604
Telephone: (312) 782-9090
E-mail: dklevatt@insurancelawyer.com
NEW YORK, NY: Fact Discovery in United Probation Due April 30
-------------------------------------------------------------
In the class action lawsuit captioned as UNITED PROBATION OFFICERS
ASSOCIATION et al., v. CITY OF NEW YORK et al., Case No.
1:21-cv-00218-RA-GWG (S.D.N.Y.), the Hon. Judge Gabriel W.
Gorenstein entered a scheduling order pursuant to Rule 16 of the
Federal Rules of
Civil:
1. All non-expert fact discovery for the class April 30,
2024
certification phase of litigation shall
be completed no later than:
2. The following interim deadlines may be extended by written
consent of all parties without application to the Court,
provided all non-expert fact discovery for the class
certification phase of this litigation is completed by the
date
set forth in paragraph 1 above:
a. Requests for production served on July 21, 2023 by
Defendant
and July 18, 2023 by Plaintiffs shall be responded to no
later than January 31, 2024.
b. Document production to be completed no later than March
31,
2024.
c. Depositions to be completed no later than April 30, 2024.
3. All expert discovery necessary for class certification shall
be
completed as follows:
a. Report(s) of Plaintiffs' Expert(s) for class
certification
discovery shall be produced on or before May 31, 2024.
b. Report(s) of Defendant's Expert(s) shall be produced on
or
before July 1, 2024.
c. Depositions of Experts for certification discovery shall
be
completed on or before July 19, 2024.
4. Any motion for class certification is Sept. 25,
2024
returnable before Judge Abrams, shall comply
with her Individual Practices, and shall be
filed by:
New York City comprises 5 boroughs sitting where the Hudson River
meets the Atlantic Ocean.
A copy of the Court's order dated Jan. 17, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=EQGIHe at no extra
charge.[CC]
NEW YORK: Court Decertifies Class in Betances
---------------------------------------------
In the class action lawsuit captioned as PAUL BETANCES, et al.,
individually and on behalf of others similarly situated, v. BRIAN
FISCHER, in his capacity as Commissioner of the New York State
Department of Correctional Services (DOCS), and in his individual
capacity, et al. Case No. 1:11-cv-03200-RWL (S.D.N.Y.), the Hon.
Judge Robert W. Lehrburger entered an order as follows:
(1) The parties' motions for partial summary judgment are
granted
in part and denied in part;
(2) The Court vacates its prior holding with respect to Nunc
Pro
Tunc Plaintiffs; and
(3) The class is decertified.
For more than a decade, Paul Betances, Lloyd A. Barnes, and Gabriel
Velez -- individually and on behalf of others similarly situated --
have prosecuted this class action against Brian Fischer, Anthony J.
Annucci, and Terrence Tracy for violating their due process rights.
The Plaintiffs seek redress for Defendants' wrongful enforcement of
unlawfully imposed terms of postrelease supervision ("PRS").
The Defendants already have been found personally liable, a
decision affirmed by the Second Circuit Court of Appeals. Most
recently, the case was poised for trial to determine
loss-of-liberty damages on a class-wide basis.
The Plaintiffs commenced this action on May 11, 2011, alleging that
administrative imposition of PRS, and enforcement of that PRS,
violated their constitutional rights under the Fourth and
Fourteenth Amendments.
The Plaintiffs seek damages for the time they were wrongfully
subject to the restrictions of PRS and incarcerated based on PRS
violations, including the commission of new crimes.
The Plaintiffs were convicted of violent felonies and sentenced by
New York State courts.
A copy of the Court's order dated Jan. 17, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=gkvlQ1 at no extra
charge.[CC]
NUCOR BUILDINGS: Dhanota Labor Code Suit Removed to E.D. Cal.
-------------------------------------------------------------
The case styled RITA DHANOTA, individually and on behalf of all
others similarly situated v. NUCOR BUILDINGS GROUP WEST LLC,
AMERICAN BUILDINGS COMPANY, and DOES 1 through 50, inclusive, Case
No. CV-24-000143, was removed from the Superior Court of the State
of California for the County of Stanislaus to the U.S. District
Court for the Eastern District of California on February 7, 2024.
The Clerk of Court for the Eastern District of California assigned
Case No. 1:24-at-00130 to the proceeding.
The case arises from the Defendants' violations of California Labor
Code including failure to pay minimum wages, failure to pay wages
and overtime, failure to provide meal periods, failure to provide
rest breaks, failure to provide one day's rest from seven, and
failure to reimburse necessary business expenses.
Nucor Buildings Group West LLC is a steel and steel products
company, doing business in California.
American Buildings Company is a manufacturer of custom engineered
steel building systems, doing business in California. [BN]
The Defendants are represented by:
Andrew Weissler, Esq.
HUSCH BLACKWELL LLP
8001 Forsyth Boulevard, Ste 1500
St. Louis, MO 63105
Telephone: (314) 480-1926
Facsimile: (314) 480-1505
E-mail: AJ.Weissler@huschblackwell.com
OAK RIDGE: Hoipkemier Fraud Class Suit Removed to N.D. Georgia
--------------------------------------------------------------
The case styled ADAM HOIPKEMIER and KEVIN EPPS, individually and on
behalf of all others similarly situated v. DUANE MILLER, ERIC
MACLEOD, OAK RIDGE PROJECT MANAGEMENT, LLC, and MONTEAGELE-OAK
RIDGE FUND, LLC, Case No. 24CV000341, was removed from the Superior
Court of the State of Georgia, County of Fulton, to the U.S.
District Court for the Northern District of Georgia on February 8,
2024.
The Clerk of Court for the Northern District of Georgia assigned
Case No. 1:24-cv-00600-TWT to the proceeding.
The case arises from the Defendants' failure to obtain a qualified
appraisal under the Internal Revenue Service regulations and
guidance and their predicate acts of mail fraud, wire fraud, and
securities fraud. The Plaintiffs' complaint alleges several causes
of action, including, Count I: fraud; Count II: violation of
Georgia RICO Act; Count III: civil conspiracy; Count IV: breach of
fiduciary duty against Duane Miller (derivate claim on behalf of
Monteagle Oak-Ridge Fund, LLC (in the alternative to counts one
through three); Count V: appointment of receiver; and Count VI:
attorneys' fees.
Oak Ridge Project Management, LLC is limited liability company
doing business in Georgia.
Monteagele-Oak Ridge Fund, LLC is limited liability company doing
business in Georgia. [BN]
The Defendant is represented by:
David H. Bouchard, Esq.
FINCH MCCRANIE LLP
229 Peachtree St. NE, Suite 2500
Atlanta, GA 30303
Telephone: (404) 658-9070
E-mail: david@finchmccranie.com
- and -
S. Todd Hamby, Esq.
Jarred W. Boyer, Esq.
CARMODY MACDONALD P.C.
120 South Central Avenue, Suite 1800
St. Louis, MO 63105
Telephone: (314) 854-8600
Facsimile: (314) 854-8660
E-mail: sth@carmodymacdonald.com
jwb@carmodymacdonald.com
OMNIMAX INTERNATIONAL: Cuevas Labor Suit Removed to C.D. Cal.
-------------------------------------------------------------
The case styled SAVINO CUEVAS, JR., individually and on behalf of
all others similarly situated v. OMNIMAX INTERNATIONAL, LLC and
DOES 1 through 10, inclusive, Case No. CVRI2306814, was removed
from the Superior Court of the State of California in and for the
County of Riverside to the U.S. District Court for the Central
District of California on February 7, 2024.
The Clerk of Court for the Central District of California assigned
Case No. 2:24-cv-01059 to the proceeding.
The case arises from the Defendants' violations of California Labor
Code and California's Business and Professions Code including
failure to pay minimum wages, failure to pay overtime compensation,
failure to provide meal periods, failure to authorize and permit
rest periods, failure to indemnify necessary business expenses,
failure to timely pay final wages at termination, failure to
provide accurate itemized wage statements, and unfair business
practices.
OmniMax International, LLC is a producer of aluminum, steel, copper
and vinyl products, doing business in California. [BN]
The Defendants are represented by:
Andrew Weissler, Esq.
HUSCH BLACKWELL LLP
8001 Forsyth Boulevard, Ste 1500
St. Louis, MO 63105
Telephone: (314) 480-1926
Facsimile: (314) 480-1505
E-mail: AJ.Weissler@huschblackwell.com
- and -
Zain Zubair, Esq.
HUSCH BLACKWELL LLP
355 S. Grand Ave., Ste 2850
Los Angeles, CA 90071
Telephone: (213) 337-6550
E-mail: Zain.Zubair@huschblackwell.com
OPENAI INC: Consents Not to File Bid to Dismiss Alter Suit
----------------------------------------------------------
In the class action lawsuit captioned as JONATHAN ALTER, KAI BIRD,
TAYLOR BRANCH, RICH COHEN, EUGENE LINDEN, DANIEL OKRENT, JULIAN
SANCTON, HAMPTON SIDES, STACY SCHIFF, JAMES SHAPIRO, JIA TOLENTINO,
and SIMON WINCHESTER, on behalf of themselves and all others
similarly situated, V. OPENAI, INC., OPENAI GP, LLC, OPENAI, LLC,
OPENAIOPCOLLC, OPENAIGLOBAL LLC, OAI CORPORATION, LLC, OPEN AI
HOLDINGS, LLC, and MICROSOFT CORPORATION, Case No.
1:23-cv-10211-SHS (S.D.N.Y.), the Hon. Judge Sidney H. Stein
entered an order that:
1. The Defendants consent and stipulate not to seek transfer of
the
above-captioned cases to another district; however, in the
event
additional cases are filed raising similar claims on behalf
of individual plaintiffs or proposed classes that overlap,
either partially or completely, with the classes proposed in
the
operative Complaints, the Defendants reserve the right to
file a
motion under 28 U.S.C. section 1407 seeking coordination or
consolidation before any appropriate district court.
2. The Defendants consent and stipulate not to bring a motion to
dismiss under the first to-file rule.
3. The Defendants consent and stipulate not to seek to dismiss,
under Federal Rule of Civil Procedure 12(b), the Plaintiffs'
currently-pleaded claims.
4. The Parties consent and stipulate to the consolidation of the
Authors Guild et al. v. OpenAI, Inc. et al., Case No.
1:23-cv-
08292-SHS, and Alter v. OpenAI, Inc. et al., Case No. 1
:23-cv-l
0211-SHS pursuant to Federal Rule of Civil Procedure 42 for
pre-
trial purposes.
5. The Parties consent and stipulate that Plaintiffs will file a
consolidated class action complaint no later than Jan. 26,
2024,
and Defendants will respond to Plaintiffs' consolidated class
action complaint no later than Feb. 9, 2024.
6. The Parties consent and stipulate that discovery is ongoing
and
that there are no present restrictions on the scope of class
discovery, notwithstanding that summary judgment will be
briefed
before Plaintiffs' motion for class certification.
7. The Parties stipulate and agree, and upon entry of this
stipulation by the Court, it is hereby ordered, that fact
discovery, expert discovery, and the briefing of any motion
for
summary judgment will be completed on or before February 28,
2025.
8. The Parties will, by Jan. 26, 2024, submit proposed
schedule(s)
for fact discovery, expert discovery, and the briefing of
summary judgment.
9. The Defendants stipulate and agree and hereby expressly waive
whatever protections to which they would otherwise be
entitled
under the "one-way intervention" rule with respect to its
forthcoming summary judgment motions.
OpenAI is a U.S. based artificial intelligence research
organization.
A copy of the Court's order dated Jan. 22, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=JPDTNO at no extra
charge.[CC]
OPENAI INC: Consents Not to File Bid to Dismiss Class Suit
----------------------------------------------------------
In the class action lawsuit captioned as AUTHORS GUILD, DAVID
BALDACCI, MARY BLY, MICHAEL CONNELLY, SYLVIA DAY, JONATHAN FRANZEN,
JOHN GRISHAM, ELIN HILDERBRAND, CHRISTINA BAKER KLINE, MAY A
SHANBHAG LANG, VICTOR LAVALLE, GEORGE R.R. MARTIN, JODI PICOULT,
DOUGLASPRESTON, ROXANA ROBINSON, GEORGE SAUNDERS, SCOTT TUROW, and
RACHEL VAIL, individually and on behalf of others similarly
situated, v. OPENAI INC., OPENAI OPCO LLC, OPENAI GPLLC, OPENAILLC,
OPENAIGLOBAL LLC, OAI CORPORATION LLC, OPEN AI HOLDINGSLLC,
OPENAISTARTUPFUND I LP, OPENAI STARTUP FUND GP I LLC, OPENAI
STARTUP FUND MANAGEMENT LLC, and MICROSOFT CORPORATION, Case No.
1:23-cv-08292-SHS; (S.D.N.Y.), the Hon. Judge Sidney H. Stein
entered an order that:
1. The Defendants consent and stipulate not to seek transfer of
the
above-captioned cases to another district; however, in the
event
additional cases are filed raising similar claims on behalf
of individual plaintiffs or proposed classes that overlap,
either partially or completely, with the classes proposed in
the
operative Complaints, the Defendants reserve the right to
file a
motion under 28 U.S.C. section 1407 seeking coordination or
consolidation before any appropriate district court.
2. The Defendants consent and stipulate not to bring a motion to
dismiss under the first to-file rule.
3. The Defendants consent and stipulate not to seek to dismiss,
under Federal Rule of Civil Procedure 12(b), the Plaintiffs'
currently-pleaded claims.
4. The Parties consent and stipulate to the consolidation of the
Authors Guild et al. v. OpenAI, Inc. et al., Case No.
1:23-cv-
08292-SHS, and Alter v. OpenAI, Inc. et al., Case No. 1
:23-cv-l
0211-SHS pursuant to Federal Rule of Civil Procedure 42 for
pre-
trial purposes.
5. The Parties consent and stipulate that Plaintiffs will file a
consolidated class action complaint no later than Jan. 26,
2024,
and Defendants will respond to Plaintiffs' consolidated class
action complaint no later than Feb. 9, 2024.
6. The Parties consent and stipulate that discovery is ongoing
and
that there are no present restrictions on the scope of class
discovery, notwithstanding that summary judgment will be
briefed
before Plaintiffs' motion for class certification.
7. The Parties stipulate and agree, and upon entry of this
stipulation by the Court, it is hereby ordered, that fact
discovery, expert discovery, and the briefing of any motion
for
summary judgment will be completed on or before February 28,
2025.
8. The Parties will, by Jan. 26, 2024, submit proposed
schedule(s)
for fact discovery, expert discovery, and the briefing of
summary judgment.
9. The Defendants stipulate and agree and hereby expressly waive
whatever protections to which they would otherwise be
entitled
under the "one-way intervention" rule with respect to its
forthcoming summary judgment motions.
OpenAI is a U.S. based artificial intelligence research
organization.
A copy of the Court's order dated Jan. 22, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=Kfyuek at no extra
charge.[CC]
The Plaintiff is represented by:
Rachel Geman, Esq.
Reilly T. Stoler, Esq.
Ian R. Bensberg, Esq.
Wesley Dozier, Esq.
LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
250 Hudson Street, 8th Floor
New York, NY 10013-1413
Telephone: (212)355-9500
E-mail: rgeman@lchb.com
ibensberg@lchb.com
wdozier@lchb.com
- and -
Scott J. Shoulder, Esq.
CeCe M. Cole, Esq.
COW AN DEBAETS ABRAHAMS & SHEPP ARD LLP
41 Madison A venue, 3 8th Floor
New York, NY 10010
Telephone: (212) 974-7474
E-mail: ssholder@cdas.com
ccole@cdas.com
- and -
Justin A. Nelson, Esq.
Alejandra C. Salinas, Esq.
Rohit D. Nath, Esq.
J. Craig Smyser, Esq.
SUSMAN GODFREY L.L.P.
1000 Louisiana Street, Suite 5100
Houston, TX 77002
Telephone: (713) 651-9366
E-mail: jnelson@susmangodfrey.com
asalinas@susmangodfrey.com
rnath@susmangodfrey.com
csmyser@susmangodfrey.com
The Defendant is represented by:
Joseph C. Gratz, Esq.
Tiffany Cheung, Esq.
Joyce C. Li, Esq.
Melody E. Wong, Esq.
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, CA 94105-2482
Telephone: (415) 268-7000
E-mail: JGratz@mofo.com
TCheung@mofo.com
JoyceLi@mofo.com
Melody Wong@mofo.com
- and -
Allyson R. Bennett, Esq.
Rose S. Lee, Esq.
Alexandra M. Ward, Esq.
MORRISON & FOERSTER LLP
707 Wilshire Boulevard
Los Angeles, CA 90017-3543
Telephone: (213) 892-5200
E-mail: ABennett@mofo.com
RoseLee@mofo.com
Alexandra Ward@mofo.com
- and -
Andrew Gass, Esq.
Joseph R. Wetzel, Esq.
Sarang Vijay Damle, Esq.
Allison L. Stillman, Esq.
LATHAM & WATKINS LLP
505 Montgomery Street, Suite 2000
San Francisco, CA 94111
Telephone: (415) 391-0600
E-mail: Andrew.Gass@lw.com
Joe.Wetzel@lw.com
Sy.Damle@lw.com
Alli.Stillman@lw.com
- and -
Annette L. Hurst, Esq.
Christopher Cariello, Esq.
Marc Shapiro, Esq.
ORRICK, HERRINGTON & SUTCLIFFE LLP
405 Howard Street
San Francisco, CA 94111
Telephone: (415) 773-4585
E-mail: Ahurst@orrick.com
Ccariello@orrick.com
Mshapiro@orrick.com
PAYCOM PAYROLL: Faces Trimble Personal Injury Suit in W.D. Okla.
----------------------------------------------------------------
A class action lawsuit has been filed against Paycom Payroll LLC.
The case is captioned as WYTERIA TRIMBLE, et al., individually and
on behalf of all others similarly situated, v. PAYCOM PAYROLL LLC,
Case No. 5:24-cv-00154-D (W.D. Okla., February 8, 2024).
The nature of the suit is stated as 360 Torts - Personal Injury -
Other Personal Injury.
Paycom Payroll LLC is an American online payroll and human resource
software provider based in Oklahoma City, Oklahoma. [BN]
The Plaintiffs are represented by:
Jessica A. Wilkes, Esq.
William B. Federman, Esq.
FEDERMAN & SHERWOOD
10205 N. Pennsylvania Ave.
Oklahoma City, OK 73120
Telephone: (405) 235-1560
Facsimile: (405) 239-2112
E-mail: jaw@federmanlaw.com
PEJ XVI INC: Loeman Sues Over Underpayment of Wages
---------------------------------------------------
DYNASTY T. LOEMAN, on behalf of herself and all others similarly
situated, Plaintiff v. PEJ XVI, INC., Defendant, Case No.
151195/2024 (N.Y. Sup., New York Cty., February 8, 2024) accuses
the Defendant of violating the New York State Labor Law and the New
York Code of Rules and Regulations, the New York Wage Theft
Prevention Act, and the New York City Administrative Code.
The Plaintiff was employed by Defendant as a fast food employee in
New York City from approximately July 2023 through January 2024.
Throughout her entire employment, Plaintiff was subjected to
Defendant's common compensation policies and practices that
resulted to underpayment of wages. Among other things, the
Defendant does not, and did not offer, to, wash, iron, dry clean,
alter, repair, or perform other maintenance necessary for
Plaintiff's required uniform. Thus, the Defendant did not maintain
her required uniform under the meaning of the New York Labor Law,
says the Plaintiff.
Based in New York, PEJ XVI, Inc. operates restaurants that prepare
and offer food and beverage for customer consumption. [BN]
The Plaintiff is represented by:
Mark Gaylord, Esq.
BOUKLAS GAYLORD LLP
357 Veterans Memorial Highway
Commack, NY 11725
Telephone: (516) 742-4949
E-mail: mark@bglawny.com
PETRO-LUD INC: Misclassifies Employees as Contractors, Hunter Says
------------------------------------------------------------------
Cleo Hunter, individually and on behalf of all others similarly
situated, Plaintiff v. Petro-Lud, Inc., Defendant, Case No.
1:24-cv-00181-NODJ-CDB (E.D. Cal., February 8, 2024) accuses the
Defendant of violating the Fair Labor Standards Act, the
Portal-to-Portal Act, the California Unfair Competition Law, the
California Labor Code, and relevant Industrial Welfare Commission
Wage Order.
The Plaintiff began working for Defendant on or about January 15,
2000 and stopped working on or about November 20, 2022. The
Defendant misclassified Plaintiff as an independent contractor to
avoid paying overtime premium wages. Among other things, Defendant
failed to reimburse all business expenses incurred by him for
Defendant's business operations, says the Plaintiff.
Headquartered in Bakersfield, CA, Petro-Lud, Inc. is engaged oil
and gas drilling operations. [BN]
The Plaintiff is represented by:
Melinda Arbuckle, Esq.
WAGE AND HOUR FIRM
3600 Lime Street, Suite 111
Riverside, CA 92501
Telephone: (214) 489-7653
Facsimile: (469) 319-0317
E-mail: marbuckle@wageandhourfirm.com
- and -
Ricardo J. Prieto, Esq.
WAGE AND HOUR FIRM
5050 Quorum Drive, Suite 700
Dallas, TX 75254
Telephone: (214) 489-7653
Facsimile: (469) 319-0317
E-mail: rprieto@wageandhourfirm.com
POLYGLASS USA: Castro Seeks Unpaid Overtime Wages
-------------------------------------------------
Janilka Castro, on behalf of herself and all others similarly
situated v. POLYGLASS USA INC., Case No. 240201368 (Pa. Com. Pl.,
Philadelphia Cty., February 12, 2024) accuses the Defendant of
violating the Pennsylvania Minimum Wage Act.
The Plaintiff was employed by Defendant at its manufacturing plant
in Hazleton, PA. She was paid an hourly wage and was sometimes
credited with working over 40 hours. However, in calculating
overtime pay for Plaintiff and other hourly employees, Defendant
used regular rates that failed to include various extra and
non-discretionary payments, such as bilingual pay bonuses, KPI
bonuses, and sign-on bonuses paid after completion of a
probationary period of employment. The Defendant’s actions are in
violation of the PMWA, Plaintiff alleges.
Polyglass USA, Inc. is a manufacturer of roofing and waterproofing
products with offices at 1111 West Newport Center Drive, Deerfield
Beach, FL 33442.[BN]
The Plaintiff is represented by:
Peter Winebrake, Esq.
Mark J. Gottesfield, Esq.
WINEBRAKE & SANTILLO, LLC
715 Twining Road, Suite 211
Dresher, PA 19025
Telephone: (215) 884-2491
PORTFOLIO RECOVERY: Class Cert. Filing in Pearson Due August 20
---------------------------------------------------------------
In the class action lawsuit captioned as LINEA PEARSON, v.
PORTFOLIO RECOVERY ASSOCIATES, LLC, Case No. 2:23-cv-04337-WB (E.D.
Pa.), the Hon. Judge Wendy Beetlestone entered a scheduling order
as follows:
1. Joinder of Parties due: April 19, 2024
2. Amendment of Pleadings due: April 19, 2024
3. Deadline to Complete Discovery July 6, 2024
(including expert discovery):
4. Deadline for Dispositive Motions: Aug. 20, 2024
5. Deadline for Class Certification August 20, 2024
Motions:
Portfolio specializes in working with people in debt repayment.
A copy of the Court's order dated Jan. 22, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=CSauuX at no extra
charge.[CC]
POSITIVE PIZZA: Costilla Files Civil Suit in Cal. State Court
-------------------------------------------------------------
A class action lawsuit has been filed against Positive Pizza
People, Inc. The case is captioned as DARELL COSTILLA, individually
and on behalf of all others similarly situated, v. POSITIVE PIZZA
PEOPLE, INC., Case No. STK-CV-UOE-2024-0001569 (Cal. Super., San
Joaquin Cty., February 8, 2024).
A case management conference is set for August 9, 2024, before
Judge Jayne Lee.
Positive Pizza People, Inc. is a company doing business in
California. [BN]
PREMIUM MORTGAGE: Hyde Sues Over Privacy Data Breach
----------------------------------------------------
TONI HYDE, on behalf of herself and all others similarly situated,
Plaintiff v. PREMIUM MORTGAGE CORPORATION, Defendant, Case No.
6:24-cv-06095 (W.D.N.Y., February 9, 2024) is a class action
brought by the Plaintiff arising from the Defendant's failure to
properly secure and safeguard personal identifiable information of
its customers and asserting claims for negligence, breach of
implied contract, unjust enrichment, and for violations of the New
York Deceptive Trade Practices Act, the Federal Trade Commission
Act, and the Gramm-Leach-Bliley Act.
The Plaintiff's and Class Members' sensitive personal information
was compromised and unlawfully accessed due to the data breach. On
or about January 10, 2024, Defendant began sending Plaintiff and
other data breach victims a Notice of Security Incident letter.
However, omitted from the Notice Letter were the details of the
root cause of the data breach, the vulnerabilities exploited, and
the remedial measures undertaken to ensure such a breach does not
occur again, says the Plaintiff.
Headquartered in Rochester, NY, Premium Mortgage Corporation
provides residential mortgages to its customers and operates 12
offices and are licensed in New York, Florida, Vermont,
Massachusetts, Connecticut, Pennsylvania, Ohio, Texas, and
Nebraska. [BN]
The Plaintiff is represented by:
Randi Kassan, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
100 Garden City Plaza
Garden City, NY 11530
Telephone: (212) 594-5300
E-mail: rkassan@milberg.com
- and -
David K. Lietz, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
5335 Wisconsin Avenue NW
Washington, D.C. 20015-2052
Telephone: (866) 252-0878
Facsimile: (202) 686-2877
E-mail: dlietz@milberg.com
PRIME HEALTHCARE: R. S. Files Personal Injury Claims in C.D. Cal.
-----------------------------------------------------------------
A class action lawsuit has been filed against Prime Healthcare
Services, Inc. The case is captioned as R. S., individually and on
behalf of all others similarly situated v. PRIME HEALTHCARE
SERVICES, INC., Case No. 5:24-cv-00330-ODW-SP (C.D. Cal., February
8, 2024).
The nature of the suit is stated as 360 Torts - Personal Injury -
Other Personal Injury.
Prime Healthcare Services, Inc. is a healthcare provider,
headquartered in Ontario, California. [BN]
The Plaintiff is represented by:
Daniel Z. Srourian, Esq.
SROURIAN LAW FIRM
3435 Wilshire Boulevard, Suite 1710
Los Angeles, CA 90010
Telephone: (213) 474-3800
Facsimile: (213) 471-4160
E-mail: daniel@slfla.com
- and -
John R. Parker, Jr., Esq.
ALMEIDA LAW GROUP LLC
3550 Watt Avenue, Suite 140
Sacramento, CA 95821
Telephone: (916) 616-2936
E-mail: jrparker@almeidalawgroup.com
- and -
Matthew John Langley, Esq.
ALMEIDA LAW GROUP LLC
849 West Webster Avenue
Chicago, IL 60614
Telephone: (773) 554-9354
E-mail: matt@almeidalawgroup.com
PROCTER & GAMBLE: McWhorter Sues Over Mislabeled Hair Products
--------------------------------------------------------------
LORAINE MCWHORTER and SAMEER SHARMA, individually and on behalf of
all others similarly situated, Plaintiffs v. THE PROCTER & GAMBLE
COMPANY, Defendant, Case No. 3:24-cv-00806-AGT (N.D. Cal., February
9, 2024) is a class action against the Defendant for fraud, deceit
and/or misrepresentation, violation of the Consumer Legal Remedies
Act, false advertising, negligent misrepresentation, and unfair,
unlawful, and deceptive trade practices.
The case arises from the Defendant's false, deceptive, and
misleading advertising, labeling, and marketing of Herbal Essences
and Pantene shampoos and conditioners. The Defendant claims that
the products comprised of specific proportions of natural-origin
ingredients or naturally-derived ingredients. In truth, once water
is excluded, over 90 percent of the ingredients in the products are
not natural and do not originate in nature; rather, they are of
industrial-origin. Even with water included, the products do not
contain the advertised number or mass of natural ingredients. As a
result of the Defendant's fraud and misrepresentations, the
Plaintiffs and similarly situated consumers have suffered damages,
says the suit.
The Procter & Gamble Company is an American multinational consumer
goods corporation, with its principal place of business in
Cincinnati, Ohio. [BN]
The Plaintiffs are represented by:
Seth A. Safier, Esq.
Anthony J. Patek, Esq.
GUTRIDE SAFIER LLP
100 Pine Street, Suite 1250
San Francisco, CA 94111
Telephone: (415) 639-9090
Facsimile: (415) 449-6469
E-mail: seth@gutridesafier.com
anthony@gutridesafier.com
PROTER & GAMBLE: Fails to Pay Proper Wages, George Suit Says
------------------------------------------------------------
AMANDA GEORGE, on behalf of herself and all others similarly
situated, Plaintiff v. THE PROCTER & GAMBLE PAPER PRODUCTS COMPANY,
Defendant, Case No. 1:24-cv-00063-DRC (S.D. Ohio, February 12,
2024) seeks to remedy violations of the Fair Labor Standards Act
and the Pennsylvania Minimum Wage Act.
From approximately May 2, 2022 through July 31, 2023, the Plaintiff
was employed by Defendant as a technician at Defendant's Meshopton,
Pennsylvania plant. The Plaintiff and other similarly situated
manufacturing employees regularly worked more than 40 hours per
week. However, they were only paid for work performed between their
scheduled start and stop times, regardless of when they clocked
out, and were not paid for work performed before and after their
scheduled start and stop times, including: (a) changing into and
out of my personal protective equipment, including but limited to a
shirt, pants, gloves, boots, and/or safety glasses; (b) attending
meetings and speaking to employees on the previous shift to obtain
information about manufacturing issues that occurred on the
previous shift, manufacturing issues that may arise during their
shifts, and work that needed to be completed; (c) speaking to
employees on subsequent shifts to discuss manufacturing issues; and
(d) walking to and from their assigned area of the manufacturing
floor, says the suit.
Headquartered in Ohio, The Procter & Gamble Paper Products Company
manufactures consumer goods and operates manufacturing plants at
various locations in the United States. [BN]
The Plaintiff is represented by:
Matthew S. Grimsley, Esq.
Anthony J. Lazzaro, Esq.
Lori M. Griffin, Esq.
THE LAZZARO LAW FIRM, LLC
The Heritage Building, Suite 250
34555 Chagrin Boulevard
Moreland Hills, OH 44022
Telephone: (216) 696-5000
Facsimile: (216) 696-7005
E-mail: matthew@lazzarolawfirm.com
anthony@lazzarolawfirm.com
lori@lazzarolawfirm.com
QUALITY FURNITURE: Gaballa Files Civil Suit in Cal. State Court
---------------------------------------------------------------
A class action lawsuit has been filed against Quality Furniture &
Mattress Inc., et al. The case is captioned as MOHAMED GABALLA, et
al., on behalf of themselves and all others similarly situated, v.
QUALITY FURNITURE & MATTRESS INC., et al., Case No. BCV-24-100461
(Cal. Super., Kern Cty., February 9, 2024).
A case management conference is set for August 7, 2024, before
Judge Gregory Pulskamp.
Quality Furniture & Mattress Inc. is a furniture company doing
business in California. [BN]
The Plaintiff is represented by:
Eric B. Kingsley, Esq.
KINGSLEY & KINGSLEY
16133 Ventura Boulevard, Suite 1200
Encino, CA 91436
Telephone: (818) 452-0948
QUIKCRETE CALIFORNIA: Garcia Alleges Labor Law Breaches
-------------------------------------------------------
SERGIO OLIVARES GARCIA, an individual, on behalf of himself, all
aggrieved employees, and the State of California as a Private
Attorneys General, Plaintiff v. QUIKRETE CALIFORNIA, LLC, a
California limited liability company, and DOES 1-50, inclusive,
Defendant, Case No. 24STCV03376 (Cal. Super., Los Angeles Cty.,
February 8, 2024) arises from the Defendant's erroneous, willful
and intentional employment practices and policies that violated the
California Labor Code.
According to the complaint, the Defendant has had a consistent
policy and/or practice of: (1) failing to comply with California
Law concerning payment of lawful wage for all hours worked,
including overtime hours worked; (2) failing to pay minimum wage;
(3) failing to pay wages due upon termination; (4) failing to
provide meal breaks; (5) failing to provide rest breaks, potable
water and adequate restroom facilities; (6) failing to provide safe
working conditions; (7) failing to provide place of employment that
is safe and healthful; (8) failing to provide suitable seating; (9)
failing to reimburse for required business expenses; (10) failing
to provide accurate itemized wage statements.
Quikrete California LLC is a manufacturer of packaged concrete in
California. [BN]
The Plaintiff is represented by:
Nazo Koulloukian, Esq.
Hilary Silvia, Esq.
KOUL LAW FIRM
3435 Wilshire Blvd., Suite 1710
Los Angeles, CA 90010
Telephone: (213) 761-5484
Facsimile: (818) 561-3938
E-mail: nazo@koullaw.com
hilary@koullaw
QUOTIENT TECHNOLOGY: Misleads Stockholders to OK Merger, Boal Says
------------------------------------------------------------------
STEVEN BOAL, SCOTT RASKIN, THE SPIEKER LIVING TRUST, SPIEKER 2010
IRREVOCABLE CHILDREN'S TRUST, SPK INVESTORS LLC, and SPK APARTMENT
INVESTORS II LLC, on behalf of themselves all other similarly
situated former stockholders of QUOTIENT TECHNOLOGY INC.,
Plaintiffs v. MATTHEW KREPSIK, Defendant, Case No. 2024-0104-SG
(Del. Ch., February 7, 2024) is a class action against the
Defendant for breach of fiduciary duties.
The Plaintiffs bring a verified stockholder class action complaint
against the Defendant for breach of his fiduciary duties as an
officer and director of Quotient Technology, Inc. in connection
with the September 2023 sale of Quotient to a subsidiary of CB
Neptune Holdings, LLC. Mr. Krepsik concealed information to the
board to allow the merger including that one potential strategic
acquiror could get to a $6 deal in the near term, that he would
become chief executive officer of the post-merger company if a deal
went through, and he instituted an unprecedented pause on the
announcement of new products and partnerships. As a result of Mr.
Krepsik's concealments, the board then proceeded to issue a
materially deficient Proxy Statement to stockholders. On the basis
of that materially deficient Proxy Statement, Quotient stockholders
voted in favor of the merger, says the suit.
SPK Investors LLC is an investment company.
SPK Apartment Investors II LLC is an investment company.
Quotient Technology Inc. is an advertising technology company
headquartered in Salt Lake City, Utah. [BN]
The Plaintiffs are represented by:
Thomas Curry, Esq.
SAXENA WHITE P.A.
824 N. Market Street, Suite 1003
Wilmington, DE 19801
Telephone: (302) 485-0483
E-mail: tcurry@saxenawhite.com
- and -
David J. Schwartz, Esq.
David L. Wales, Esq.
SAXENA WHITE P.A.
10 Bank Street, 8th Floor
White Plains, NY 10606
Telephone: (914) 437-8551
- and -
Adam D. Warden, Esq.
SAXENA WHITE P.A.
7777 Glades Road, Suite 300
Boca Raton, FL 33434
Telephone: (561) 394-3399
RAY JONES: Must File Decertification Bid by April 1
----------------------------------------------------
In the class action lawsuit captioned as SAMUEL BACK, on Behalf of
Himself and All Others Similarly Situated, v. RAY JONES TRUCKING,
INC., TERESA JONES, GRANT JONES and STEVEN JONES, Case No.
4:22-cv-00005-GNS-HBB (W.D. Ky.), the Hon. Judge H. Brent
Brennenstuhl entered an order that:
1) The discovery deadline is governed by the Court's previous
Amended Scheduling Order and the Court's Order filed Jan. 4,
2024.
2) No later than April 1, 2024, counsel for the Defendants shall
file any motion for "de-certification" of this action under
the
Fair Labor Standards Act (FLSA).
3) No later than April 1, 2024, counsel for the Plaintiff shall
file any motion for class certification under Rule 23 with
respect to Plaintiff's claims under state law.
4) By May 30, 2024, counsel for the parties shall file all
dispositive motions and motions related to the admissibility
of
expert testimony pursuant to Federal Rule of Evidence 702
(Daubert motions), provided, however, that if Plaintiff files
a
motion for class certification under Rule 23 with respect to
Plaintiff's claims under state law, such motions shall not be
due until the date 30 days after the Court rules on
Plaintiff’s
motion for class certification under Rule 23 with respect to
Plaintiff's claims under state law.
A copy of the Court's order dated Jan. 23, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=1vSr9Y at no extra
charge.[CC]
The Plaintiff is represented by:
Mark N. Foster, Esq.
FOSTER LAW OFFICES, PLLC
Madisonville, KY 42431
Telephone: (270) 213-1303
E-mail: MFoster@MarkNFoster.com
The Defendants are represented by:
Cynthia L. Effinger, Esq.
MCBRAYER PLLC
500 West Jefferson Street, Suite 2400
Louisville, KY 40202
Telephone: (502) 327-5400
E-mail: ceffinger@mcbrayerfirm.com
ROLLER RABBIT: Violates Disabled's Civil Rights, Calcano Claims
---------------------------------------------------------------
A class action lawsuit has been filed against Roller Rabbit LLC.
The case is captioned as MARCOS CALCANO, individually and on behalf
of all others similarly situated, v. ROLLER RABBIT LLC, Case No.
1:24-cv-00969-JPO (S.D.N.Y., February 9, 2024).
The suit is brought over alleged violation of the Americans with
Disabilities Act.
Roller Rabbit LLC is a clothing and accessories company in New
York. [BN]
The Plaintiff is represented by:
Jeffrey Michael Gottlieb, Esq.
Dana Lauren Gottlieb, Esq.
GOTTLIEB & ASSOCIATES
150 E. 18 St., Suite PHR
New York, NY 10003
Telephone: (212) 228-9795
(917) 796-7437
Facsimile: (212) 982-6284
E-mail: nyjg@aol.com
danalgottlieb@aol.com
RUBIN-LOBO LLC: Erkan Sues Over Disabled Rights' Violations in N.Y.
-------------------------------------------------------------------
A class action lawsuit has been filed against Rubin-Lobo, LLC. The
case is captioned as NIHAL ERKAN, individually and on behalf of all
others similarly situated, v. RUBIN-LOBO, LLC, Case No.
1:24-cv-01041 (E.D.N.Y., February 9, 2024).
The suit is brought over alleged violation of the Americans with
Disabilities Act.
Rubin-Lobo, LLC is limited liability company doing business in New
York. [BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
14749 71st Ave.
Flushing, NY 11367
Telephone: (917) 915-7415
E-mail: mars@khaimovlaw.com
SCHNADER HARRISON: Bennett Sues Over Breach of Fiduciary Duties
---------------------------------------------------------------
JO BENNETT, individually and on behalf of all others similarly
situated, Plaintiff v. SCHNADER HARRISON SEGAL & LEWIS, LLP, BARRY
S. ALEXANDER, SAMANTHA J. BANKS, RICHARD A. BARKASY, ROBERTA
BARSOTTI, KEVIN BLANTON, MELISSA SUE BLANTON, NADINE DOOLITTLE,
ALLISON FIHMA DRACHMAN, STEPHEN DYE, STEPHEN FOGDALL, MEGAN E.
HARMON, THEODORE HECHT, ANNE KANE, NICHOLAS J. LEPORE III, THERESA
E. LOSCALZO, BRUCE P. MERENSTEIN, CYNTHIA A. MURRAY, KENNETH R.
PUHALA, IRA NEIL RICHARDS, LISA JOAN RODRIGUEZ JACOBS, ROY S. ROSS,
CARL J. SCHAERF, H. LEE SCHWARTZBERG, STEPHEN J. SHAPIRO, EDWARD J.
SHOLINSKY, JAMES D. SHUPE, SAMUEL W. SILVER, JONATHAN B. SKOWRON,
DAVID SMITH, BRUCE M. STRIKOWSKY, MATTHEW S. TAMASCO, KEITH E.
WHITSON, MICHAEL J. WIETRZYCHOWSKI, ROBERT J. WILLIAMS, Defendants,
and SCHNADER HARRISON SEGAL & LEWIS LLP RETIREMENT AND SAVINGS
PLAN, Nominal Defendant, Case No. 2:24-cv-00592 (E.D. Pa., February
7, 2024) is a class action against the Defendants for violations of
the Employee Retirement Income Security Act of 1974 including
breach of fiduciary duty, engaging in prohibited transactions, and
co-fiduciary liability.
According to the complaint, the Defendants, the equity partners who
served as fiduciaries of the Schnader Harrison Segal & Lewis LLP
Retirement and Savings Plan, breached their fiduciary duties and
engaged in prohibited transactions by requiring non-equity partners
and counsel to defer a portion of their non-equity partner
compensation instead of requiring Schnader to make employer
contributions to the Plan (as required by the terms of the Plan),
and by failing to remit those employee contributions to the Plan
for up to approximately 18 months at a time, by using those
deferred employee contributions to fund the Schnader's operations.
As a result of the Defendants' unlawful conduct, the Plaintiff and
the Class have been harmed (a) with respect to contributions before
2022, by losing the opportunity to earn investment income or
interest on the funds that were not timely remitted to the Plan and
(b) with respect to contributions on and after 2022, by being
completely deprived of the amounts withheld for deferred
compensation, as those amounts have still not been paid to the
Plan.
Schnader Harrison Segal & Lewis, LLP is a law firm based in
Philadelphia, Pennsylvania. [BN]
The Plaintiff is represented by:
Adam Harrison Garner, Esq.
Melanie J. Garner, Esq.
THE GARNER FIRM, LTD.
1617 John F. Kennedy Blvd., Suite 550
Philadelphia, PA 19103
Telephone: (215) 645-5955
Facsimile: (215) 645-5960
E-mail: adam@garnerltd.com
melanie@garnerltd.com
- and -
R. Joseph Barton, Esq.
BARTON & DOWNES LLP
1633 Connecticut Ave, Suite 200
Washington, DC 20009
Telephone: (202) 734-7046
E-mail: jbarton@bartondownes.com
SELENE FINANCE: Fritz Files Real Property Suit in Mass. State Court
-------------------------------------------------------------------
A class action lawsuit has been filed against Selene Finance LP, et
al. The case is captioned as CHRISTINE T. FRITZ, et al., on behalf
of themselves and all others similarly situated, v. SELENE FINANCE
LP, et al., Case No. 2477CV00133 (Mass. Super., Essex Cty.,
February 9, 2024).
The case type is stated as real property.
Selene Finance LP is a finance service company based in Dallas,
Texas. [BN]
The Plaintiffs are represented by:
Todd Dion, Esq.
LAW OFFICES OF TODD S. DION
15 Cottage Ave., Ste. 202
Quincy, MA 02169
SLEDGE INC: Faces Larsen Suit Over Labor Law Violations
-------------------------------------------------------
ANDREW LARSEN, on behalf of himself and all other similarly
situated individuals, Plaintiff v. SLEDGE, INC. d/b/a 9:30 CLUB,
IT'S MY PARTY, INC., Defendants, Case No. 1:24-cv-00388 (D.D.C.,
February 8, 2024) seeks to recover damages under the Federal Fair
Labor Standards Act of 1938, the District of Columbia Minimum Wage
Act Revision Act of 1992, and the District of Columbia Wage Payment
and Collection Law.
The Plaintiff began working for Defendants as a bartender on
approximately October 11, 2022. He is currently employed in that
same role. Among other things, Defendants violated "tip credit"
requirements by failing to provide him and other bartenders with
the statutory notice required by the DCMWA and the FLSA, the
Plaintiff says.
Headquartered in the District of Columbia, Sledge, Inc. operates
concert venues and theaters throughout Washington, D.C. and the
surrounding areas. The company is owned and operated by It’s My
Party, Inc. [BN]
The Plaintiff is represented by:
Michael K. Amster, Esq.
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: mamster@zagfirm.com
ggreenberg@zagfirm.com
- and -
Anthony G. Bizien, Esq.
ZIPIN, AMSTER & GREENBERG, LLC
45 Essex Street, Suite 3 West
Hackensack, NJ 07601
Telephone: (551) 244-1257
Facsimile: (240) 839-9142
E-mail: abizien@zagfirm.com
SOS LIMITED: Settles Securities Suit Out-of-Court
-------------------------------------------------
SOS Limited disclosed in its Form F-1 Report filed with the
Securities and Exchange Commission on January 23, 2024, that the
New Jersey District Court approved a settlement outside the court
system on May 20, 2022 and on August 2 2022. The company paid $5
million to the plaintiffs via an escrow account, releasing the
company to the same class action now and possible future
allegation.
On March 30, 2021, a purported shareholder Kimberly Beltran filed a
securities class action complaint in the United States District
Court District of New Jersey against the company, Yandai Wang and
Eric H. Yan, the Chief Executive Officer of the company and
President of the company's operating subsidiary, respectively. The
action, "Kimberly Beltran v. SOS Limited, et al.," Case No.
1:21-cv-07454, is filed on behalf of a putative class consisting of
all persons and entities other than the company that purchased or
otherwise acquired SOS American depository shares (ADS) between
July 22, 2020 and February 25, 2021, both dates inclusive, seeking
to recover damages allegedly caused by company's violations of the
federal securities laws against the company and certain of its top
officials.
The complaint was filed in this action on March 30, 2021 and the
action has not advanced beyond that stage. On November 2, 2021, the
court signed as an order a stipulation entered into between the
various plaintiffs' counsels appointing a co-lead plaintiffs'
counsel. The parties have agreed to, and the court has approved of,
a Scheduling Order which provides that Plaintiffs shall file an
amended complaint on or before May 13, 2022 and the company shall
answer or otherwise respond to the Amended Complaint on or before
July 1, 2022. In the interim, Plaintiffs and the company were
engaged in settlement discussions.
On April 28, 2022, the plaintiffs and the company agreed to a
settlement in principle that contemplates a $5 million settlement
payment covering all administration costs and plaintiffs' legal
fees. The plaintiffs and the company plan to enter into a full
settlement agreement within forty-five days.
SOS is engaged in providing big data-driven marketing solutions,
blockchain and cryptocurrency operations, and commodity trading.
Our marketing solutions and commodity trading services are
primarily delivered through our subsidiaries in China, while our
cryptocurrency mining and hosting operations are managed by our
subsidiaries in the U.S.
SPORTSMAN'S WAREHOUSE: Faces Kogut Securities Suit in Delaware
---------------------------------------------------------------
Sportsman's Warehouse Holdings, Inc. disclosed in its Form 8-K
report filed with the Securities and Exchange Commission on January
24, that on January 22, 2024, Jon Kogut filed a putative class
action lawsuit captioned "Kogut v. Bejar, et al.," (C.A. No.
2024-0055-MTZ) against the company and the members of its Board of
Directors in the Delaware Court of Chancery. It asserts claims on
behalf of a putative class comprised of all stockholders other than
defendants and any current directors or officers of the company.
In his complaint, Mr. Kogut contends that certain provisions in the
company's advance notice bylaws are invalid and void and that the
members of the Board have breached their fiduciary duty of loyalty
by adopting and maintaining the Challenged Provisions.
In addition to seeking declaratory, equitable, and injunctive
relief, Mr. Kogut seeks an award of attorneys' fees and other costs
and expenses on behalf of the putative class.
Sportsman's Warehouse is an outdoor sporting goods retailer which
operates in 29 states across the United States with headquarters in
West Jordan, Utah.
STALLION EXPRESS: McCatty Sues Over Couriers' Unpaid Wages
----------------------------------------------------------
MAXWELL McCATTY, individually and on behalf of all others similarly
situated, Plaintiff v. STALLION EXPRESS, LLC and PHARMSCRIPT, LLC
d/b/a PHARMSCRIPT of MA and others, Defendants, Case No.
1:24-cv-10224 (D. Mass., Jan. 29, 2024) is an action for
independent contractor misclassification and related wage and hour
claims brought by the Plaintiff, on behalf of himself and all
others similarly situated, pursuant to the Fair Labor Standards
Act, the Massachusetts Independent Contractor Statute, the
Massachusetts Minimum Wage Act, the Massachusetts Overtime Law, and
the Massachusetts Wage Act.
The complaint arises from Defendants' knowing and willful failure
to properly pay minimum wage and time-and-a-half for hours worked
more than 40 in a workweek to the Plaintiff and Collective Class.
Plaintiff McCatty is a citizen of Massachusetts. He worked for the
Defendants as a courier from at least three years preceding the
filing of this Complaint until approximately August 2022.
The Defendants' businesses include the delivery of pharmaceutical
and medical products to customers.[BN]
The Plaintiff is represented by:
Adam J. Shafran, Esq.
RUDOLPH FRIEDMANN LLP
92 State Street
Boston, MA 02109
Telephone: (617) 723-7700
Facsimile: (617) 227-0313
STOP & SHOP: Durantas Files ADA Class Suit in E.D.N.Y.
------------------------------------------------------
A class action lawsuit has been filed against The Stop & Shop
Supermarket Company, LLC. The case is captioned as HAKAN DURANTAS,
individually and on behalf of all others similarly situated, v. THE
STOP & SHOP SUPERMARKET COMPANY, LLC, Case No. 1:24-cv-01038
(E.D.N.Y., February 9, 2024).
The suit is brought over alleged violation of the Americans with
Disabilities Act.
The Stop & Shop Supermarket Company, LLC is a supermarket company,
headquartered in Quincy, Massachusetts. [BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
14749 71st Ave.
Flushing, NY 11367
Telephone: (917) 915-7415
E-mail: mars@khaimovlaw.com
TESLA INC: Corona Class Suit Removed to N.D. California
-------------------------------------------------------
The case styled ALEJANDRO CORONA, ANITA JACKSON NEWMAN, and
CABANILLAS & ASSOCIATES, PC, on behalf of themselves and all others
similarly situated v. TESLA, INC., DOES 1 to 10, inclusive, Case
No. 24CV062515, was removed from the Superior Court of the State of
California, County of Alameda, to the U.S. District Court for the
Northern District of California on February 9, 2024.
The Clerk of Court for the Northern District of California assigned
Case No. 4:24-cv-00796-DMR to the proceeding.
The case arises from Tesla's alleged violations of California
Unfair Competition Law, California Business and Professions Code,
and New York's General Business Law.
Cabanillas & Associates, PC is a law firm in New York.
Tesla, Inc. is an American multinational automotive and clean
energy company, headquartered in Austin, Texas. [BN]
The Defendant is represented by:
David L. Schrader, Esq.
MORGAN, LEWIS & BOCKIUS LLP
300 South Grand Avenue, Twenty-Second Floor
Los Angeles, CA 90071
Telephone: (213) 612-2500
Facsimile: (213) 612-2501
E-mail: david.schrader@morganlewis.com
- and -
Mark A. Feller, Esq.
One Market, Spear Street Tower
San Francisco, CA 94105
Telephone: (415) 442-1000
Facsimile: (415) 442-1001
E-mail: mark.feller@morganlewis.com
- and -
Brian M. Ercole, Esq.
Matthew Papkin, Esq.
600 Brickell Ave, Suite 1600
Miami, FL 33131
Telephone: (305) 415-3000
Facsimile: (305) 415-3001
E-mail: brian.ercole@morganlewis.com
matthew.papkin@morganlewis.com
TESLA INC: Plaintiff Appeals Court Ruling on Securities Suit
------------------------------------------------------------
Tesla Inc. disclosed in its Form 10-Q report for the quarterly
period ended November 26, 2023, filed with the Securities and
Exchange Commission on December 19, 2023, that on July 14, 2023,
plaintiffs filed a notice of appeal at the United States District
Court for the Northern District of California when it entered a
judgment in favor of defendants on July 11, 2023 where plaintiffs
filed a motion for judgment as a matter of law and a motion for new
trial.
Trial started on January 17, 2023, and on February 3, 2023, a jury
rendered a verdict in favor of the defendants on all counts.
Between August 10, 2018 and September 6, 2018, nine purported
stockholder class actions were filed against Tesla and Elon Musk in
connection with Mr. Musk's August 7, 2018 Twitter post that he was
considering taking Tesla private.
On January 16, 2019, Plaintiffs filed their consolidated complaint
in the United States District Court for the Northern District of
California and added as defendants the members of Tesla's board of
directors. The consolidated complaint asserts claims for violations
of the federal securities laws and seeks unspecified damages and
other relief. The parties stipulated to certification of a class of
stockholders, which the court granted on November 25, 2020.
Tesla is an electric car manufacturer based in Palo Alto,
California.
TL CANNON: Filing for Class Cert. Bid Due Feb. 23
-------------------------------------------------
In the class action lawsuit captioned as Dees, et al., v. T.L.
Cannon Corp., et al., Case No. 5:20-cv-01537 (N.D.N.Y., Filed Dec.
10, 2020), the Hon. Judge Brenda K. Sannes entered a scheduling
order as follows:
-- Deadline for Plaintiffs to file class Feb. 23, 2024
certification motion by:
-- Deadline for Defendants to file March 27, 2024
opposition to class certification
and/or any cross-motion for summary
judgment by:
-- Deadline for Plaintiffs to file reply April 17, 2024
in support of class certification motion,
and opposition to any cross-motion for
summary judgment by:
The suit alleges violation of the Fair Labor Standards Act
(FLSA).[CC]
TREBBIANNO LLC: Demaio Sues Over Caller ID Rules Violations
-----------------------------------------------------------
DESIREE DEMAIO, individually and on behalf of all others similarly
situated, Plaintiff v. TREBBIANNO, LLC, Defendant, Case No.
CACE-24-001802 (Fla. Cir., 17th Judicial, Broward Cty., February 8,
2024) seeks for injunctive and declaratory relief, and damages for
violations of the Caller ID Rules of the Florida Telephone
Solicitation Act.
Allegedly, the Defendant made text message sales calls that
promoted Botkier 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.
Trebbianno LLC is a foreign limited liability company that sells
various goods to persons throughout the United States through its
online store. [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
TRI COUNTIES: Sockol Suit Seeks Unpaid Wages for Bank Employees
---------------------------------------------------------------
SEAN SOCKOL, individually and on behalf of all others similarly
situated, Plaintiff v. TRI COUNTIES BANK and DOES 1-20, inclusive,
Defendants, Case No. 24STCV03486 (Cal. Super., Los Angeles Cty.,
February 9, 2024) is a class action against the Defendants for
violations of the Private Attorneys General Act of 2004 including
failure to accurately pay overtime wages, failure to pay minimum
wages, failure to provide meal periods or compensate in lieu
thereof, failure to authorize and permit rest breaks or compensate
in lieu thereof, failure to pay all wages earned and owed upon
separation from employment, failure to provide accurate itemized
wage statements, failure to maintain accurate and complete records,
and failure to indemnify for necessary business expenses.
The Plaintiff worked for the Defendants as a senior business
banker.
Tri Counties Bank is a financial institution headquartered in
Chico, California. [BN]
The Plaintiff is represented by:
Ronald W. Makarem, Esq.
Aidan McGlaze, Esq.
MAKAREM & ASSOCIATES APLC
11601 Wilshire Boulevard, Suite 2440
Los Angeles, CA 90025
Telephone: (310) 312-0299
Facsimile: (310) 312-0296
TRI-SUPPLY CO: Tempel Sues Over Unpaid Minimum Wages, Retaliation
-----------------------------------------------------------------
JOHN TEMPEL and other similarly situated persons, Plaintiff v.
TRI-SUPPLY CO. and KEVIN JOHN KRATZ, individually, Defendants, Case
No. 3:24-cv-50048 (N.D. Ill., Jan. 29, 2024) arises under the Fair
Labor Standards Act and Illinois Minimum Wage Law for Defendants'
failure to pay minimum wage for all hours worked to Plaintiff and
other similarly situated persons, and for Defendant retaliating
against Plaintiff after he engaged in FLSA protected activity.
The Plaintiff was employed by Defendants as an accountant, a
non-exempt employee, from June 6, 2023 until his unlawful
termination on June 22, 2023.
Tri-Supply Co. is a distribution service provider in Loves Park,
Illinois.[BN]
The Plaintiff is represented by:
Nathan C. Volheim, Esq.
SULAIMAN LAW GROUP LTD.
2500 S. Highland Avenue, Suite 200
Lombard, IL 60148
Telephone: (630) 568-3056
Facsimile: (630) 575-8188
E-mail: nvolheim@sulaimanlaw.com
- and -
Sophia K. Steere, Esq.
SULAIMAN LAW GROUP LTD.
2500 S. Highland Avenue, Suite 200
Lombard, IL 60148
Telephone: (331) 307-7634
Facsimile: (630) 575-8188
E-mail: ssteere@sulaimanlaw.com
TWENTY-TWO DESSERTS: Erkan Sues Over ADA Violations in E.D.N.Y.
---------------------------------------------------------------
A class action lawsuit has been filed against Twenty-Two Desserts,
Inc. The case is captioned as NIHAL ERKAN, individually and on
behalf of all others similarly situated, v. TWENTY-TWO DESSERTS,
INC., Case No. 1:24-cv-01044 (E.D.N.Y., February 9, 2024).
The suit is brought over alleged violation of the Americans with
Disabilities Act.
Twenty-Two Desserts, Inc. is an ice cream company doing business in
New York. [BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
14749 71st Ave.
Flushing, NY 11367
Telephone: (917) 915-7415
E-mail: mars@khaimovlaw.com
UGALLERY LLC: Tarr Sues Over Violations of ADA in S.D.N.Y.
----------------------------------------------------------
A class action lawsuit has been filed against UGallery, LLC. The
case is captioned as ELLEN ELIZABETH TARR, individually and on
behalf of all others similarly situated, v. UGALLERY, LLC, Case No.
1:24-cv-00979-GHW (S.D.N.Y., February 9, 2024).
The suit is brought over alleged violation of the Americans with
Disabilities Act.
UGallery, LLC is an online art gallery company in New York. [BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
14749 71st Ave.
Flushing, NY 11367
Telephone: (917) 915-7415
E-mail: mars@khaimovlaw.com
UNION PACIFIC: Continues to Defend Illinois BIPA Suit
-----------------------------------------------------
Union Pacific Corp. disclosed in its Form 10-K Report for the
annual period ending December 31, 2023 filed with the Securities
and Exchange Commission on February 9, 2024, that the Company
continues to defend itself from the Illinois Biometric Information
Privacy Act class suit.
In December 2019, the Company received a putative class action
complaint under the Illinois Biometric Information Privacy Act,
alleging violation due to the use of a finger scan system developed
and managed by third parties.
Union Pacific and the plaintiff are currently in the discovery
phase. While it believed that it has strong defenses to the claims
made in the complaint and will vigorously defend ourselves, there
is no assurance regarding the ultimate outcome. Therefore, the
outcome of this litigation is inherently uncertain, and it cannot
reasonably estimate any loss or range of loss that may arise from
this matter.
Union Pacific is a freight-hauling railroad that operates 8,300
locomotives over 32,200 miles routes in 23 U.S. states west of
Chicago and New Orleans.
UNIVERSITY OF WASHINGTON: Poe Files Civil Rights Suit in W.D. Wash.
-------------------------------------------------------------------
A class action lawsuit has been filed against University of
Washington, et al. The case is captioned as P. POE 5, et al.,
individually and on behalf of all others similarly situated, v.
UNIVERSITY OF WASHINGTON, et al., Case No. 2:24-cv-00170-JHC (W.D.
Wash., February 8, 2024).
The nature of the suit is stated as 440 Civil Rights - Other Civil
Rights.
University of Washington is a public university in Washington.
[BN]
The Plaintiffs are represented by:
Darwin P. Roberts, Esq.
GOLDFARB & HUCK ROTH RIOJAS, PLLC
925 Fourth Avenue, Ste. 3950
Seattle, WA 98104
Telephone: (206) 452-0260
Facsimile: (206) 397-3062
E-mail: roberts@goldfarb-huck.com
VISA INC: Faces Mirage Antitrust Suit in Illinois Court
-------------------------------------------------------
VISA Inc. disclosed in its Form 10-Q report for the quarterly
period ended December 31, 2023, filed with the Securities and
Exchange Commission on January 23, 2024, that on December 14, 2023,
a putative class action was filed in the U.S. District Court for
the Southern District of Illinois by "Mirage Wine + Spirit’s
Inc." against Apple Inc., Visa Inc. and Mastercard Incorporated on
behalf of certain merchants in the United States that accepted
Apple Pay as a method of payment at the physical point-of-sale from
December 14, 2019.
Plaintiff alleges a conspiracy under which Apple agreed not to
enter a purported market for point-of-sale payment card networks
services and seeks damages, injunctive relief and attorneys' fees
based on alleged violations of section 1 of the Sherman Act. On
January 5, 2024, Visa requested transfer of the action to the U.S.
District Court for the Eastern District of New York for coordinated
or consolidated pretrial proceedings with the Interchange
Multidistrict Litigation.
Visa Inc., together with its subsidiaries, is a global payments
technology company that facilitates global commerce and money
movement across more than 200 countries and territories.
VISA INC: Partial Summary Judgment Sought in Ohio Action
---------------------------------------------------------
VISA Inc. disclosed in its Form 10-Q report for the quarterly
period ended December 31, 2023, filed with the Securities and
Exchange Commission on January 23, 2024, that on January 8, 2024,
defendants' motions for summary judgment under the case captioned
"Ohio v. American Express" were granted in part and denied in part.
On December 4, 2023, plaintiffs Hayley Lanning and Camp Grounds
Coffee, served a motion for partial summary judgment.
On January 8, 2024, defendants' motions for summary judgment under
"Ohio v. American Express" were granted in part and denied in part
with regards to an Interchange Multidistrict Litigation (MDL) where
VISA was a named respondent.
Visa Inc., together with its subsidiaries, is a global payments
technology company that facilitates global commerce and money
movement across more than 200 countries and territories.
VISA INC: Settles Interchange MDL with Merchants
------------------------------------------------
VISA Inc. disclosed in its Form 10-Q report for the quarterly
period ended December 31, 2023, filed with the Securities and
Exchange Commission on January 23, 2024, that Visa has reached
settlements with a number of merchants representing approximately
73% of the Visa-branded payment card sales volume of merchants who
opted out of an Interchange Multidistrict Litigation (MDL) with a
class of plaintiffs who sought damages.
On November 1, 2023, defendants served a motion to enforce the
agreement, or in the alternative for summary judgment, regarding
claims in the actions brought by certain plaintiffs in their
capacity as payment facilitators. On December 4, 2023, plaintiffs
in certain of the individual merchant actions served a motion for
partial summary judgment or a joinder in partial summary judgment
motions.
Visa Inc., together with its subsidiaries, is a global payments
technology company that facilitates global commerce and money
movement across more than 200 countries and territories.
WALMART INC: Sullivan CLRA Suit Removed to C.D. California
----------------------------------------------------------
The case styled PAMELA SULLIVAN, JAVAL ASHLEY and HILARIO GARCIA,
individually and on behalf of all others similarly situated v.
WALMART, INC., dba SPARK, and DOES 1 THROUGH 5, inclusive, Case No.
23STCV29220, was removed from the Superior Court of the State of
California, County of Los Angeles, to the U.S. District Court for
the Central District of California on February 8, 2024.
The Clerk of Court for the Central District of California assigned
Case No. 2:24-cv-01111 to the proceeding.
This case is brought as a putative class action for damages based
on breach of contract, and as a representative action on behalf of
the Plaintiffs for injunctive relief, fees, costs, and/or other
equitable relief under the California Consumer Legal Remedies Act
and the California Business and Professions Code Sections 17500,
17509, and 17200-208 against Walmart.
Walmart, Inc., doing business as Spark, is a multinational retailer
corporation headquartered in Bentonville, Arkansas. [BN]
The Defendant is represented by:
Scott Voelz, Esq.
Paul A. Holton, Esq.
Allison N. Bader, Esq.
Jamie Butts, Esq.
O'MELVENY & MYERS LLP
400 South Hope Street
18th Floor
Los Angeles, CA 90071
Telephone: (213) 430-6000
Facsimile: (213) 430-6407
E-mail: svoelz@omm.com
pholton@omm.com
abader@omm.com
jbutts@omm.com
WHIRLPOOL CORP: Costa et al. Sue Over Defective Refrigerators' Sale
-------------------------------------------------------------------
STACY COSTA, NATHANIEL GUERRERO, and MISSY ROBINSON, individually
and on behalf of all others similarly situated, Plaintiffs v.
WHIRLPOOL CORPORATION, Defendant, Case No. 1:24-cv-00188-MN (D.
Del., February 12, 2024) arises from the Defendant's deceptive
marketing and sale of certain refrigerators with defective wiring.
Plaintiffs Costa et al. bring this class action against Whirlpool
on behalf of themselves and all other similarly situated consumers
who purchased certain French-door style, or side-by-side,
Whirlpool-, Maytag-, KitchenAid-, and Kenmore-branded
refrigerator-freezer combinations manufactured by Whirlpool. The
said refrigerators contain defective wires, which run through the
freezer door and control basic, advertised functions including the
ice maker and dispenser, the water dispenser, and the control panel
on the doors. Moreover, the broken and frayed wires create a safety
hazard due to the presence of exposed, live wires. However,
Whirlpool has continued to sell these defective refrigerators to
the public without disclosing the defect, which manifests after
just a few years under ordinary use as a result of simply opening
and closing the refrigerator doors, says the suit.
Headquartered in Benton Harbor, MI, Whirlpool Corporation is a
global designer, manufacturer, retailer, and marketer of home
appliance products from laundry machines to cooking appliances.
Whirlpool sells its products in all 50 states. [BN]
The Plaintiffs are represented by:
Scott M. Tucker, Esq.
CHIMICLES SCHWARTZ KRINER & DONALDSON-SMITH LLP
2711 Centerville Rd., Suite 201
Wilmington, DE 19808
Telephone: (302) 656-2500
E-mail: smt@chimicles.com
- and -
Timothy N. Mathews, Esq.
Zachary P. Beatty, Esq.
Marissa N. Pembroke, Esq.
CHIMICLES SCHWARTZ KRINER & DONALDSON-SMITH LLP
361 West Lancaster Avenue
Haverford, PA 19041
Telephone: (610) 642-8500
Facsimile: (610) 649-3633
E-mail: tnm@chimicles.com
zpb@chimicles.com
mnp@chimicles.com
WILSHIRE REAL: Connor Sues Over Unwanted Marketing Calls in S.C.
----------------------------------------------------------------
A class action lawsuit has been filed against Wilshire Real Estate
Services, LLC. The case is captioned as JAY CONNOR, individually
and on behalf of all others similarly situated v. WILSHIRE REAL
ESTATE SERVICES, LLC, Case No. 2:24-cv-00645-RMG (D.S.C., February
8, 2024).
The case arises from the Defendant's violation of the Telephone
Consumer Protection Act.
Wilshire Real Estate Services, LLC is a real estate investment
company based in Ohio. [BN]
The Plaintiff is represented by:
Dave Maxfield, Esq.
DAVE MAXFIELD, ATTORNEY, LLC
P.O. Box 11865
Columbia, SC 29211
Telephone: (803) 509-6800
Facsimile: (855) 299-1656
E-mail: dave@consumerlawsc.com
WISE FOODS: Restrepo Sues Over Mislabeled Popcorn Product
---------------------------------------------------------
JUAN RESTREPO, individually and on behalf of all others similarly
situated, Plaintiff v. WISE FOODS INC., Defendant, Case No.
1:24-cv-20347 (S.D. Fla., Jan. 29, 2024) arises from the
Defendant's alleged deceptive labels of its "Butter Popcorn," in
packaging of various shades of yellow, described as "air popped,"
"gluten free" and "whole grain," with images of popped kernels, in
violation of the Florida Deceptive and Unfair Trade Practices Act.
According to the complaint, the labeling of the product violated
FDUTPA because the representations and omissions of "Butter
Popcorn" with emphasis on the healthy ingredients of "whole
grains," when it lacked butter and got its artificial butter taste
from artificial flavoring, was unfair and deceptive to consumers
and was contrary to the Food Safety Act, which adopted the Federal
Food, Drug and Cosmetic Act and accompanying regulations.
The Plaintiff paid more for the product and would not have paid as
much if he knew that it lacked butter, at least in a form he and
reasonable consumers would expect, and substituted artificial
flavoring, says the suit.
Wise Foods Inc. is a manufacturer and provider of potato chips and
salty snack foods.[BN]
The Plaintiff is represented by:
William Wright, Esq.
THE WRIGHT LAW OFFICE P.A.
515 N Flagler Dr Ste P300
West Palm Beach, FL 33401
Telephone: (561) 514-0904
E-mail: willwright@wrightlawoffice.com
YAMBO INC: Moreira Suit Seeks Unpaid Overtime for Restaurant Staff
------------------------------------------------------------------
GLORIA MOREIRA, LESBIA DEL ROSARIO BONILLA PRAVIA, LESBIA URANIA
CARABACA CHAVEZ, individually and on behalf of all others similarly
situated, Plaintiffs v. YAMBO, INC., ARMANDO PEREZ, SR., and REYMAR
A. PEREZ, Defendants, Case No. 1:24-cv-20513 (S.D. Fla., February
9, 2024) is a class action against the Defendants for failure to
pay overtime wages in violation of the Fair Labor Standards Act.
The Plaintiffs worked for the Defendant as waitresses and/or
cashiers at any time between 2001 and 2024.
Yambo, Inc. is a restaurant owner and operator in Florida. [BN]
The Plaintiffs are represented by:
Isaac Mamane, Esq.
MAMANE LAW LLC
10800 Biscayne Blvd., Suite 350A
Miami, FL 33161
Telephone: (305) 773-6661
E-mail: mamane@gmail.com
YARDI SYSTEMS: Mach and Stephney Sue Over Inflated Rental Prices
----------------------------------------------------------------
VICTOR MACH and CHELESEA STEPHNEY, individually and on behalf of
all others similarly situated, Plaintiffs v. YARDI SYSTEMS, INC.,
LEFEVER MATTSON PROPERTY MANAGEMENT, LEGACY PARTNERS, INC. MANCO
ABBOTT, INC., BALACIANO GROUP f/k/a CALIFORNIA HOME BUILDERS AND
DEELS PROPERTIES, and DOES 1 through 50, inclusive, Defendants,
Case No. 24CV063117 (Cal. Sup., Alameda Cty., February 8, 2024)
arises from the unlawful scheme implemented by California
multifamily residential property owners, owner-operators, and
property managers to artificially inflate the rental prices of
multifamily residential units above competitive levels, and to
reduce the occupancy of such units below competitive levels through
their usage of a centralized pricing software algorithm called
"RENTmaximizer," created by Defendant Yardi Systems, Inc.
The Defendants' cartel has stifled competition in the California
multifamily residential rental market and continues to exacerbate
the affordable housing crisis in this state. The cartel Plaintiffs
challenge is unlawful under the Cartwright Act and Unfair
Competition Law. The Plaintiffs bring this action to recover their
damages, trebled, as well as private and public injunctive and
other appropriate relief.
Headquartered in Santa Barbara, Yardi is a leading provider
ofsoftware solutions for the real estate industry, with software
services that include property management, accounting, marketing,
leasing, and market and business intelligence. [BN]
The Plaintiffs are represented by:
Adam J. Zapala, Esq.
Elizabeth T. Castillo, Esq.
James G. Dallal, Esq.
COTCHETT, PITRE & MCARTHY, LLP
840 Malcolm Road
Burlingame, CA 94010
Telephone: (650) 697-6000
E-mail: azapala@cpmlegal.com
ecastillo@cpmlegal.com
jdallal@cpmlegal.com
- and -
Karin B. Swope, Esq.
COTCHETT, PITRE & MCARTHY, LLP
999 N. Northlake Way, Suite 215
Seattle, WA 98103
Telephone: (206) 802-1272
E-mail: kswope@cpmlegal.com
- and -
Alexander E. Barnett, Esq.
COTCHETT, PITRE & MCARTHY, LLP
40 Worth Street, Suite 602
New York, NY 10013
Telephone: (212) 201-6820
E-mail: abamett@cpmlegal.com
- and -
Daniel E. Gustafson, Esq.
Daniel C. Hedlund, Esq.
Daniel J. Nordin, Esq.
Shashi K. Gowda, Esq.
GUSTAFSON GLUEK PLLC
Canadian Pacific Plaza
120 South Sixth Street, Suite 2600
Minneapolis, MN 55402
Telephone: (612) 333-8844
E-mail: dgustafson@gustafsongluek.com
dhedlund@gustafsongluek.com
dnordin@gustafsongluek.com
sgowda@gustafsongluek.com
- and -
Dennis Stewart, Esq.
GUSTAFSON GLUEK PLLC
600 W Broadway, Suite 3300
San Diego, CA 92101
Telephone: (619) 595-3299
E-mail: dstewart@gustafsongluek.com
- and -
Kenneth A. Wexler, Esq.
Melinda J. Morales, Esq.
Margaret Shadid, Esq.
WEXLER BOLEY & ELGERSMA LLP
311 S. Wacker Drive, Ste. 5450
Chicago, IL 60606
Telephone: (312) 346-2222
E-mail: kaw@wbe-llp.com
mjm@wbe-llp.com
ms@wbe-llp.com
- and -
Kevin S. Landau, Esq.
Brett Cebulash, Esq.
Gwendolyn Nelson, Esq.
TAUS, CEBULASH & LANDAU, LLP
123 William Street, Suite 1900A
New York, NYork 10038
Telephone: (212) 931-0704
E-mail: klandau@tcllaw.com
bcebulash@tcllaw.com
YODLEE INC: Clark Seeks Production of Documents
------------------------------------------------
In the class action lawsuit captioned as Clark, v. Yodlee, Inc. et
al., Case No. 3:20-cv-05991-SK (N.D. Cal.), the Parties submit a
joint letter to the Court concerning the Plaintiffs' Request for
Production No. 11 (Set Two) (RFP 11).
-- Plaintiffs' Requests for Production of Documents
-- Yodlee's Responses to Plaintiffs' Requests for Production of
Documents, Set Two.
The parties met and conferred on this issue telephonically on
January 16, 2024. The parties have complied with Section 9 of the
Northern District’s Guidelines for Professional Conduct. The
parties request oral argument on this joint letter.
Yodlee is a web application software company that provides
consumer-permissioned data aggregation – consolidating
information from multiple accounts, e.g. credit cards, bank,
investment etc., on one screen.
A copy of the Parties' motion dated Jan. 23, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=PJBqFm at no extra
charge.[CC]
The Plaintiff is represented by:
Ben Steinberg, Esq.
Kellie Lerner, Esq.
Laura Song, Esq.
Li Zhu, Esq.
ROBINS KAPLAN LLP
1325 Avenue of the Americas, Suite 2601
New York, NY 10019
Telephone: (212) 980-7400
E-mail: bsteinberg@robinskaplan.com
klerner@robinskaplan.com
lsong@robinskapan.com
lzhu@robinskaplan.com
- and -
Christian Levis, Esq.
Amanda Fiorilla, Esq.
Rachel Kesten, Esq.
Anthony M. Christina
LOWEY DANNENBERG P.C.
44 South Broadway, Suite 1100
White Plains, NY 10601
Telephone: (914) 997-0500
E-mail: clevis@lowey.com
afiorilla@lowey.com
rkesten@lowey.com
achristina@lowey.com
The Defendants are represented by:
Megan Rodgers, Esq.
Ziwei Song, Esq.
Daniel Rios, Esq.
Eric Bosset, Esq.
Tara Summerville, Esq.
Andrew Leff, Esq.
COVINGTON & BURLING LLP
3000 El Camino Real
5 Palo Alto Square, 10th Floor
Palo Alto, CA 94306-2112
Telephone: (650) 632-4700
E-mail: mrodgers@cov.com
ksong@cov.com
drios@cov.com
ebosset@cov.com
tsummerville@cov.com
aleff@cov.com
ZEUS NETWORKS: Tejon Sues Over Unwanted Disclosure of Video Info
----------------------------------------------------------------
ROGER TEJON, individually and on behalf of all others similarly
situated, Plaintiff v. ZEUS NETWORKS, LLC, Defendant, Case No.
1:24-cv-20498-PCH (S.D. Fla., February 8, 2024) is a class action
against the Defendant for violation of the Video Privacy Protection
Act.
According to the complaint, the Defendant has disclosed to Meta
Platforms, Inc. (Facebook) information regarding the video viewing
habits of the visitors to its website, www.thezeusnetwork.com,
without consent. The Defendant embedded within its website a "Meta
Pixel" that was provided to it by Facebook. That pixel tracked the
Plaintiff's and the Class members' video viewing history while on
the Defendant's website and reported their viewing history to
Facebook along with their unique Facebook Identification numbers.
As a result, the Defendant violated the Plaintiff's and the Class
members' statutorily protected privacy rights, the suit alleges.
Zeus Networks, LLC is a video tape service provider, with its
principal place of business in California. [BN]
The Plaintiff is represented by:
Jibrael S. Hindi, Esq.
LAW OFFICES OF JIBRAEL S. HINDI
110 SE 6th Street, Suite 1744
Ft. Lauderdale, FL 33301
- and -
Manuel Hiraldo, Esq.
HIRALDO P.A.
401 E. Las Olas Blvd., Suite 1400
Fort Lauderdale, FL 33301
Telephone: (305) 336-7466
E-mail: mhiraldo@hiraldolaw.com
- and -
Michael Eisenband, Esq.
EISENBAND LAW. P.A.
515 E. las Olas Blvd., Ste. 120
Fort Lauderdale, FL 33301
Telephone: (954) 533-4092
E-mail: MEisenband@Eisenbandlaw.com
*********
S U B S C R I P T I O N I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania,
USA, and Beard Group, Inc., Washington, D.C., USA. Rousel Elaine T.
Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L.
Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors.
Copyright 2024. All rights reserved. ISSN 1525-2272.
This material is copyrighted and any commercial use, resale or
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Information contained herein is obtained from sources believed to
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