/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/240228.mbx C L A S S A C T I O N R E P O R T E R Wednesday, February 28, 2024, Vol. 26, No. 43 Headlines 10 STARS: Kuffel Sues Over Unlawful Debt Collection Practices 32 BUNGA: Fails to Pay Proper Wages, Choi et al. Allege ADVANCED COLLECTION: Filing for Class Cert Bid Due August 30 AETNA LIFE: Howard Seeks to Certify Rule 23 Class AETNA LIFE: Howard Suit Seeks to Seal Class Cert Exhibits AKIMA GLOBAL: Class Cert Bid Filing in Yeend Suit Due April 5 ALARIS HEALTH: Deviates From Standards of Care, Molina Suit Alleges AMERICAN CRAFTS: Fagnani Files ADA Suit in S.D. New York AMPLITUDE INC: Breaches Federal Securities Laws, Fagan Alleges APPLE VIR: Fails to Pay Proper Wages, Medina-Sanchez Claims ATLANTIC RECOVERY: Faces Spira Class Action Suit in S.D. New York BAYER CORPORATION: Dawson Suit Transferred to E.D. New York BEAUTY TREND: Faces Brown ADA Class Suit Over Store Barriers BG RETAIL: Faces Ponce Class Action Lawsuit in Cal. Sup. Ct. BLUECORE COMPLETIONS: Cates Sues Over WARN Act Violations BOARDWALK PIPELINE: Continues to Defend Securities Suit in Delaware BOEING CO: Berry Sues Over 737-MAX 9 Aircraft's Defective Doors BOEING COMPANY: Faces Securities Fraud Suit Over 737 MAX Airplanes BOHO BEACH HUT: Competello Files ADA Suit in S.D. New York BOZZUTO MANAGEMENT: Hettinger Seeks More Time for Class Cert Filing BRANDT BROTHER: Adams Sues Over Labor Code Breaches BRIGHTVIEW BEHAVIORAL: Fails to Pay Technicians' Minimum & OT Wages CALAMIGOS RANCH: Balli Sues Over Unfair Labor Practices CATHAY PACIFIC: Summary Judgment Hearing Set for July 11 CITIC CAPITAL HOLDINGS: Tang Suit Transferred to D. Delaware CITY STORAGE SYSTEMS: Klarfield Files Suit in Cal. Super. Ct. COASTAL MEDICAL: Fails to Secure Patients' Info, Sharpe Alleges COMCAST CABLE: Durham Files Suit in E.D. Pennsylvania COMCAST CABLE: Zagacki Files Suit in E.D. Pennsylvania CONNECTICUT: Court Enters Order on Bid for Prelim. Injunction CONTINENTAL AG: Tire Companies Face Edwards Antitrust Suit CONTINENTAL AG: Torres Alleges Price Fixing Conspiracy on Tires CONTINENTAL AKTIENGESELLSCHAFT: Sampayan Alleges Tire Price-Fixing DANONE US LLC: Fahey Files Suit in S.D. Florida DEERE CREDIT: Cornelius Files TCPA Suit in S.D. Georgia DELUCA'S ITALIAN: Diaz Sues Over Failure to Pay Proper Wages DES MOINES ORTHOPAEDIC: Hart Files Suit in S.D. Iowa DIGNITY HEALTH: Class Cert Bid Filing Due April 30, 2026 DMC STAFF: Faces Correra Suit in Calif. Over Labor Law Violations DOLLARAMA INC: Agrees to Settle Pricing Class Suit With Gift Card EIGHT ELEVEN: Doran-Smith Sues Over Unlawful Labor Practices ELECTROSTIM MEDICA: Faces Hair Class Action Suit in M.D. Florida EMMANUEL COLLEGE: Viviano Sues Over Unprotected Private Information EMPRESS AMBULANCE: Settles Cybersecurity Class Suit for $1.05-M ESTEE LAUDER: Faces Securities Suit Over SEC Disclosures EUROPEAN AMERICAN: Vasquez Sues Over Unlawful Pay Practices EVERGREEN PACKAGING: Cabe et al. Sue Over Unpaid Overtime Wages EVIG LLC: Spivey Sues Over Mislabeled Dietary Supplements FILM AT LINCOLN: Patino Sues Over Unlawful Ticket Fees FRED LOYA INSURANCE: Ochoa Suit Removed to E.D. California FREDERICKSBURG FOOT: Faces Freeman Suit Over Breach of Contract FRESH AMERICAN: Villaverde Sues Over Caller ID Rules Violations FS SAN FRANCISCO: Thapa Files Suit in Cal. Super. Ct. FUJIFILM NORTH: Court Summarily Dismissed X-Pro3 Class Suit GENERAL ELECTRIC: Securities Suits Over Stock Purchase Ongoing GEROGIA: Taylor Seeks to Certify Parole-Eligible Inmate Class GIUMARRA VINEYARDS: Herrera Files Suit in Cal. Super. Ct. GOTHIC GROUNDS: Diaz Sues Over Wage and Hour Law Violations HANOVER INSURANCE: Lancaster Sues Over Unlawful Debt Collection HEALTHEC LLC: Faces Black Class Action Lawsuit in D. New Jersey HOME DEPOT: Barulich Seeks Damages for Alleged CIPA Violations HOME DEPOT: Khosrovian Suit Removed From Sup. Ct. to C.D. Cal. HONEYWELL INT'L: Seeks More Time to Respond to Class Cert Bid HSBC BANK: Conditional Certification of FLSA Claims Partly OK'd INMODE LTD: Faces Cement Masons Securities Fraud Suit INNOVAGE HOLDING: Court Narrows Claims in Securities Class Suit INQUISITHEALTH INC: McIntosh Files Labor Class Action INTEGRIS HEALTH: Carpenter Files Suit in Okla. Dist. Ct. JOHNSON CONTROLS: Fails to Pay Backlogged Commissions, Novin Claims KARP SCARSDALE: Foreste Seeks Unpaid Wages for Labor Law Breaches KAY IVEY: Prelim. Injunction Hearing Reset to March 15 KEENAN & ASSOCIATES: Sargent Sues Over Unprotected Personal Info KEENAN PRODUCTION: Rutledge Files Suit in C.D. California KETTLE & FIRE: Karim Files ADA Suit in S.D. New York KIDDER MATHEWS: Tehrani Sues Over Unlawful Pre-Recorded Calls KNIGHT BARRY: Raner Sues Over Alleged Data Breach LANGETWINS WINE: Razo Files Suit in Cal. Super. Ct. LESLIE'S INC: Faces WPBPPF Securities Suit Over SEC Disclosures LIFESTANCE HEALTH: Faces Cardona Class Suit Over Collection Letter LOAN DEPOT: Lako Files Suit in C.D. California LUV N' CARE: Richards Suit Removed to C.D. California MANCHESTER DAIRY: Faces Araujo Wage-and-Hour Suit in S.D.N.Y. MCDONALD'S USA.: Faber, Mays Seek Remedy for PUMP Act Breaches MEANINGFUL BEAUTY: Competello Files ADA Suit in S.D. New York MICRON TECHNOLOGY: Class Certification Order Entered in Valenzuela MOLECULAR PARTNERS: Court Dismisses Securities Class Action MONDELEZ GLOBAL: Fischetti Sues Over Misleading Product Labeling MONDELEZ INTERNATIONAL: Van Meter Balks at Deceptive Product Labels MORGAN TRUCK: Sigala Suit Removed to C.D. California NANO HEARING TECH: Brown Files TCPA Suit in S.D. California NATIONSTAR MORTGAGE: Faces Hart Class Action Lawsuit in N.D. Texas NAVVIS & COMPANY: Bogart and Schaus Sue Over Privacy Data Breach NAVVIS & COMPANY: Fails to Safeguard Health Info, Lilly Alleges NEW ENGLAND PATRIOTS: Serra Sues Over VPPA Violations NEW YORK DOCTORS: Delacruz Files ADA Suit in S.D. New York NEW YORK, NY: Sued Over Child Welfare Agency's Invasive Searches NISSAN NORTH: Faces McAtee Class Action Lawsuit in California NOBLE KNIGHT: Karim Files ADA Suit in S.D. New York NONNI'S FOODS: Filing for Class Cert Bid Extended to March 4 NORTH KANSAS CITY HOSPITAL: Jackson Suit Removed to W.D. Missouri NORTHERN DYNASTY: Settlement in Darish Suit Gets Final Nod NOVA SOUTHEASTERN: May 31 Class Cert Bid Filing Extension Sought OBS ENGINEERING: Smith Files Suit in Cal. Super. Ct. OSI STAFFING: Fails to Pay Executive Assistant's Minimum & OT Wages OTIS WORLDWIDE: Court Dismisses Darnis Class Suit OXY USA INC: Cherry Rider Family Files Suit in D. Kansas P.K. KINDER CO: Fagnani Files ADA Suit in S.D. New York PACIFIC COAST SIGHTSEEING: Woods Files Suit in Cal. Super. Ct. PACIFIC MARKET: Defends Class Suit Over Deceptive Advertising PB2 FOODS INC: Fagnani Files ADA Suit in S.D. New York PERMIAN RESOURCES: MacDowell & MacDowell Sue Over Oil Price Fixing PLANET HOME LENDING: Ekola Files Suit in D. Connecticut PLANET HOME LENDING: Mazzo Files Suit in D. Connecticut POSTMEDS INC: Faces Byrd Class Action Lawsuit in N.D. California PREFERRED RISK INSURANCE: Welch Files TCPA Suit in M.D. Florida PROGRESS SOFTWARE: Faces Roberts Class Action Suit in N.D. Illinois PROGRESSIVE DIRECT: Must Oppose Class Cert Bid by April 12 PROVIDENCE HEALTH: Sivakumar Sues Over Staff, Nurses' Unpaid Wages RACHAS INC: Frodsham Files Suit in S.D. California REGENCY INTEGRATED: Smith Sues Over Unpaid Overtime Compensation ROWDY BEVERAGE: Palacios Files Suit in S.D. California SAKARA LIFE INC: Karim Files ADA Suit in S.D. New York SARA CODY: Court Grants in Part UNIFYSCC's Class Cert Bid SAVINGS BANK MUTUAL: Abboud Files TCPA Suit in S.D. Texas SKINNY FLAV: Fagnani Files ADA Suit in S.D. New York SOUTHWEST AIRLINES: Court Stays USERRA Suit SPECIALIZED LOAN: Donabedian Sues Over Illegal Debt Collection SPECIALIZED LOAN: Faces Mills Class Action Lawsuit in E.D. Virginia SPHERE ENTERTAINMENT: Settlement Deal in Securities Suit OK'd SPLITS:59 LLC: Karim Files ADA Suit in S.D. New York SPORTS WORLD 165: Durantas Files ADA Suit in E.D. New York SPRING INSURANCE: James Files Suit in W.D. Missouri ST. LUKE'S: Jennings Seeks Class Settlement Initial Approval STANDARD HEALTH: Bauman Files TCPA Suit in S.D. Florida STATE FARM: Appeals Denied Motion to Dismiss Brown Suit to 8th Cir. STRATEGIC PROPERTIES: Atlantic Casualty Files Suit in W.D. Missouri SUIT SUPPLY: Georges Sues Over Deceptive Marketing of Apparel SUPER STORE INDUSTRIES: Barksdale Files Suit in Cal. Super. Ct. SUPERIOR POOL: Hester Seeks Unpaid Wages Under Labor Code SUTTER HEALTH: Court Certifies Class of Savings Plan Beneficiaries TMG KREATIONS: Slade Sues Over Blind-Inaccessible Website TOYOTA MOTOR SALES: Solis Sues Over False and Misleading Statements TOYOTA MOTOR: Hughes Sues Over Sale of Defective RAV4 Vehicles TRADITIONS HEALTH: Appeals Remand Ruling in Arnett Labor Suit TWOMAGNETS INC: Misclassifies Nursing Assistants, Estrada Says TYSON FOODS: Gets Favorable Verdict in Antitrust Class Suit UNITED BEHAVIORAL: Class Cert Bid Hearing in Jones Set for March 15 UPSTART HOLDINGS: Crain Files Bid for Class Certification US MED-EQUIP: Court Approves PAGA Settlement in Ambrose Suit UTILIQUEST LLC: Dacosta Suit Removed to C.D. California VALLEY FOOD VENTURES: Senior Files ADA Suit in S.D. New York VENERUSO CURTO: Faces Pollack Class Action Lawsuit in S.D. New York VEORIDE INC: Fails to Pay Technicians' OT Wages, Solis Suit Alleges VISA USA: Schuman Sues Over Defective Visa Vanilla Card Packaging WEXFORD HEALTH: Court Tosses Allen Bid for Class Certification WOLVERINE WORLD: Palacios Suit Removed from Sup. Ct. to C.D. Cal. WONDERFUL COMPANY: Daly Suit Removed to N.D. Illinois WYOMING MALL: Faces Rolon Suit Over Bartenders' Unpaid Wages ********* 10 STARS: Kuffel Sues Over Unlawful Debt Collection Practices ------------------------------------------------------------- Christen Kuffel, individually and on behalf of all those similarly situated v. 10 STARS PROPERTY MANAGEMENT LLC, Case No. 24-000732-CI (Fla. Cir., 6th Judicial, Pinellas Cty., Feb. 14, 2024) seeks statutory damages over Defendant's alleged violation of the Florida Consumer Collection Practices Act. The Plaintiff is a resident of Florida with a financial obligation (consumer debt) to Defendant. On December 29, 2023, Defendant sent an electronic mail communication to Plaintiff regarding the collection of the consumer debt. The communication was sent by Defendant and received by Plaintiff at 4:05 AM in Plaintiff's time zone without Plaintiff's prior consent. Under the FCCPA, creditors are prohibited from communicating with a debtor on the collection of consumer debts between the hours of 9:00 PM and 8:00 AM in the debtor's time zone without the prior consent of the debtor. Defendant's actions violated the FCCPA, the Plaintiff alleges. Located in Pinellas Park, FL, 10 Stars Property Management is a company that offers full-service property management solutions for residential, commercial, and vacation rental properties. [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 32 BUNGA: Fails to Pay Proper Wages, Choi et al. Allege ------------------------------------------------------- JAEKOON CHOI, MIN SEOK PARK, and ROBERT LIM, on behalf of themselves and all others similarly situated v. 32 BUNGA INC. d/b/a JONGRO BBQ, 32 BUNGA 2 INC. d/b/a JONGRO GOPCHANG, and KYUNG RIM CHOI, Case No. 1:24-cv-01067 (S.D.N.Y., February 14, 2024) accuses the Defendants of violating the Fair Labor Standards Act and the New York Labor Law. The Plaintiffs worked as servers at Jongro BBQ and Jongro Gopchang in Manhattan's Koreatown. Throughout their employment, Plaintiffs and class members were not paid at the appropriate minimum and overtime wage rates for all hours worked as Defendants failed to fully comply with the strict tip requirements of the FLSA. Additionally, Defendants failed to pay Plaintiffs and class members spread-of-hours pay and they were also not provided with accurate wage statements at the end of every pay period, in violation of the NYLL, says the suit. The Plaintiffs claim that Defendants intentionally manipulated their weekly hour totals and created an unlawful tip pool by allowing Jongro managers to receive a share of the waitstaff's tips. 32 Bunga Inc. is a New York corporation that owns and operates the Jongro BBQ Korean restaurant which is located at 22 West 32nd Street, 2nd Floor, New York, NY 10001. [BN] The Plaintiffs are represented by: Louis Pechman, Esq. Gianfranco Cuadra, Esq. Christian Mercado, Esq. PECHMAN LAW GROUP PLLC 488 Madison Avenue - 17th Floor New York, NY 10022 Telephone: (212) 583-9500 E-mail: pechman@pechmanlaw.com cuadra@pechmanlaw.com mercado@pechmanlaw.com ADVANCED COLLECTION: Filing for Class Cert Bid Due August 30 ------------------------------------------------------------ In the class action lawsuit captioned as PAULA BURSE, on behalf of herself and all others similarly situated, v. ADVANCED COLLECTION BUREAU, INC., Case No. 3:23-cv-01321-MMH-PDB (M.D. Fla.), the Hon. Judge Marcia Morales Howard entered a case management and scheduling order: Deadline for providing mandatory initial Jan. 29, 2024 disclosures. Deadline for moving to join a party or amend March 5, 2024 the pleadings. Deadline for disclosing expert reports. Plaintiff: April 15, 2024 Defendant: May 15, 2024 Rebuttal: May 30, 2024 Deadline for completing discovery and filing July 10, 2024 motions to compel. Deadline for moving for class certification. Aug. 30, 2024 Deadline for filing dispositive and Daubert Sept. 20, 2024 motions (responses due 21 days after service). Trial Term Begins Mar. 3, 2025 dvanced Collection Bureau is a collection agency. A copy of the Court's order dated Jan. 26, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=I3vkr2 at no extra charge.[CC] AETNA LIFE: Howard Seeks to Certify Rule 23 Class ------------------------------------------------- In the class action lawsuit captioned as ANDREW HOWARD, on behalf of himself and all others similarly situated, v. AETNA LIFE INSURANCE COMPANY, Case No. 2:22-cv-01505-CJC-MRW (C.D. Cal.), the Plaintiff will move the Court on Feb. 26 to enter an order, pursuant to Rules 23(a), (b)(1) and (b)(2) of the Federal Rules of Civil Procedure, certifying the following Class: "All persons covered under Aetna Plans, governed by ERISA, self- funded or fully insured, whose requests for lumbar artificial disc replacement surgery were denied at any time from March 4, 2019 to Feb. 8, 2023, on the ground that lumbar artificial disc replacement surgery is experimental or investigational, and whose denials will be subject to de novo review by the district court." Aetna offers a broad range of traditional and consumer-directed health insurance products and related services. A copy of the Plaintiff's motion dated Jan. 29, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=CVbdYT at no extra charge.[CC] The Plaintiff is represented by: Robert S. Gianelli, Esq. Joshua S. Davis, Esq. Adrian J. Barrio, Esq. GIANELLI & MORRIS 550 South Hope Street, Suite 1645 Los Angeles, CA 90071 Telephone: (213) 489-1600 Facsimile: (213) 489-1611 E-mail: rob.gianelli@gmlawyers.com joshua.davis@gmlawyers.com adrian.barrio@gmlawyers.com AETNA LIFE: Howard Suit Seeks to Seal Class Cert Exhibits --------------------------------------------------------- In the class action lawsuit captioned as ANDREW HOWARD, on behalf of himself and all others similarly situated, v. AETNA LIFE INSURANCE COMPANY, Case No. 2:22-cv-01505-CJC-MRW (C.D. Cal.), the Plaintiff submit an unopposed application to seal his exhibits 2-10, 29, 33, 35, 36, 40, 41, 43, and 44-46 filed in Support of his renewed motion to certify class action. The Plaintiffs do not oppose the sealing of the designated documents. This Application to Seal is based on this application, the Court's prior sealing order in this action, the declaration of Adrian J. Barrio and this Court's Protective Order in this matter and in Hendricks, and the proposed order submitted with this application. Aetna offers a broad range of traditional and consumer-directed health insurance products and related services. A copy of the Plaintiff's motion dated Jan. 29, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=Ki0myJ at no extra charge.[CC] The Plaintiff is represented by: Robert S. Gianelli, Esq. Joshua S. Davis, Esq. Adrian J. Barrio, Esq. GIANELLI & MORRIS 550 South Hope Street, Suite 1645 Los Angeles, CA 90071 Telephone: (213) 489-1600 Facsimile: (213) 489-1611 E-mail: rob.gianelli@gmlawyers.com joshua.davis@gmlawyers.com adrian.barrio@gmlawyers.com AKIMA GLOBAL: Class Cert Bid Filing in Yeend Suit Due April 5 ------------------------------------------------------------- In the class action lawsuit captioned as Yeend et al v. Akima Global Services, LLC, Case No. 1:20-cv-01281 (N.D.N.Y., Filed Oct. 16, 2020), the Hon. Judge Thomas J. Mcavoy entered an order granting joint letter motion from Jessica Marrero for Akima Global Services, LLC requesting Extension to Expert Discovery and Class Certification Deadlines: -- Rebuttal Expert Disclosure Deadline March 22, 2024 is extended to: -- The Class Certification Motion to be April 5, 2024 filed by: The nature of suit states Labor litigation. Akima delivers protective services and detention management operations for the military, federal buildings, and more.[CC] ALARIS HEALTH: Deviates From Standards of Care, Molina Suit Alleges ------------------------------------------------------------------- ANGELA MOLINA, Individually and as Administrator Ad Prosequendum for the ESTATE OF LUCY TRIAS v. ALARIS HEALTH, LLC, ALARIS HEALTH AT CASTLE HILL, JOHN DOES 1-10 (said names being fictitious and true identities currently unknown), ABC ENTITIES 1-10 (said names being fictitious and true identities currently unknown), Case No. HUD-L-000141-24 (N.J. Super., Jan. 12, 2024) contends that the Defendants deviated from the applicable standards of care in their capacities and were negligent, failed to meet required applicable regulations, and exercised willful and wanton disregard for the safety and well-being of the Plaintiff's decedent, Lucy Trias. The Plaintiff's decedent was under the exclusive care, custody, control, treatment, rehabilitation and management of the Defendants during the time that she was a resident at Castle Hill, beginning June 2020 through the time of her death in January 2022. While a resident at Castle Hill, and under the care of the Defendants, the Plaintiff's decedent began to develop various health-related issues which caused her difficulties both eating and breathing. Despite knowledge of the Plaintiff's decedent's ongoing health-related issues, the Defendants rendered treatment and care to the Plaintiff's decedent, in a wanton, willful, reckless, and/or negligent manner causing her prolonged pain and suffering and disability and culminating in and causing her untimely death, the suit alleges. As a result, the Plaintiff's decedent, Lucy Trias, was subject to the negligence of the Defendants in their failure to provide professional and appropriate nursing and medical care and treatment to her. The Plaintiff's decedent was forced to undergo medical treatment and procedures, incur medical expenses, was subject to disability, pain and suffering, mental anguish, loss of enjoyment of life, all of which culminated in her painful and untimely death, added the suit. Plaintiff Molina is a resident of the State of New Jersey. She is the daughter of the decedent, Lucy Trias. The decedent, Lucy Trias, died on January 13, 2022. Alaris Health is a licensed nursing home and long-term care facility.[BN] The Plaintiff is represented by: Anthony J. Fredella, Esq. TRIF & MODUGNO LLC 89 Headquarters Plaza North Towers, Suite 1201 Morristown, NJ 07960 Telephone: (973) 547-3611 Facsimile: (973) 554-1220 AMERICAN CRAFTS: Fagnani Files ADA Suit in S.D. New York -------------------------------------------------------- A class action lawsuit has been filed against American Crafts, L.C. The case is styled as Mykayla Fagnani, on behalf of herself and all other persons similarly situated v. American Crafts, L.C., Case No. 1:24-cv-01097-JPC (S.D.N.Y., Feb. 14, 2024). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. American Crafts, L.C. -- https://americancrafts.com/ -- doing business as Crate Paper, manufactures pen, gel and markers. The Company provides tools and accessories, cards and envelopes, albums, ribbon, stickers, cutup trimmer, adhesives, gifts, and papers.[BN] The Plaintiff is represented by: Jeffrey Michael Gottlieb, Esq. Michael A. LaBollita, Esq. GOTTLIEB & ASSOCIATES 150 E. 18 St., Suite PHR New York, NY 10003 Phone: (212) 228-9795 Email: nyjg@aol.com michael@gottlieb.legal AMPLITUDE INC: Breaches Federal Securities Laws, Fagan Alleges -------------------------------------------------------------- DANIEL FAGAN, individually and on behalf of all others similarly situated v. AMPLITUDE, INC., SPENSER SKATES, and HOANG VUONG, Case No. 3:24-cv-00898 (N.D. Cal., February 14, 2024) accuses the Defendants of violating the Securities Exchange Act of 1934. The Plaintiff brings this securities class action on behalf of all persons who purchased or otherwise acquired Amplitude stock between September 21, 2021 and February 16, 2022, inclusive (Class Period). Plaintiff alleges that Defendant Amplitude made materially false and misleading statements and omissions during the Class Period, which caused the price of Amplitude stock to soar to nearly $90 per share. The investing public was made to believe that Amplitude was experiencing substantial growth and that the company was a "market leader" in the digital analytics industry. In February 2022, Amplitude's stock price suffered a significant decline after the company admitted that its expansion efforts were slowing. Amplitude's Class A stock currently trades at less than $15, more than 80% below the Class Period peak. Defendants' wrongful acts and omissions resulted in losses and damages for Plaintiff and class members, the suit claims. Headquartered in San Francisco, CA, Amplitude is a technology company that helps businesses analyze data for their digital products and track customer interactions. [BN] The Plaintiff is represented by: Shawn A. Williams, Esq. ROBBINS GELLER RUDMAN & DOWD LLP Post Montgomery Center, One Montgomery Street, Suite 1800 San Francisco, CA 94104 Telephone: (415) 288-4545 Facsimile: (415) 288-4534 - and – Brian E. Cochran, Esq. ROBBINS GELLER RUDMAN & DOWD LLP 655 West Broadway, Suite 1900 San Diego, CA 92101-8498 Telephone: (619) 231-1058 Facsimile: (619) 231-7423 - and - Samuel H. Rudman, Esq. ROBBINS GELLER RUDMAN & DOWD LLP 58 South Service Road, Suite 200 Melville, NY 11747 Telephone: (631) 367-7100 Facsimile: (631) 367-1173 - and – Robert J. Robbins, Esq. ROBBINS GELLER RUDMAN & DOWD LLP 225 NE Mizner Boulevard, Suite 720 Boca Raton, FL 33432 Telephone: (561) 750-3000 Facsimile: (561) 750-3364 - and – Gregory E. Del Gaizo, Esq. ROBBINS LLP 5060 Shoreham Place, Suite 300 San Diego, CA 92122 Telephone: (619) 525-3990 Facsimile: (619) 525-3991 APPLE VIR: Fails to Pay Proper Wages, Medina-Sanchez Claims ----------------------------------------------------------- STACEY MEDINA-SANCHEZ and TAMIKA LYLE, individually on behalf of themselves, and on behalf of all others similarly situated, et al., Plaintiffs v. APPLE VIR LLC, Defendant, Case No. 6:24-cv-00005-NKM (W.D. Va., Jan. 30, 2024) is a class action brought by the Plaintiffs seeking to recover minimum and overtime wages, double and/or triple damages, and attorneys' fees and costs pursuant to the provisions of the Fair Labor Standards Act, the Virginia Wage Payment Act, the Virginia Minimum Wage Act, and the Virginia Overtime Wage Act. The Plaintiffs, and all others similarly situated, are current and/or former employees of Defendant who were working as tipped employees, including as servers and bartenders. The Plaintiffs were tipped employees who, pursuant to Defendant's policies, were not compensated an appropriate overtime wage when performing non-tipped work after exceeding 40 hours in a week, and instead, were compensated approximately at the rate of $7.63 per hour when working overtime hours as a server, regardless of whether the employee was performing tipped or non-tipped work, and were compensated approximately at the rate of $11.10 per hour when working overtime hours as a bartender, regardless of whether the employee was performing tipped or non-tipped work, says the suit. Apple Vir LLC is part of the restaurant franchise for the Applebee's Neighborhood Grill + Bar restaurant chain, which has locations across Virginia, and the United States.[BN] The Plaintiffs are represented by: Brittany M. Haddox, Esq. L. Leigh Rhoads, Esq. STRELKA EMPLOYMENT LAW 4227 Colonial Avenue Roanoke, VA 24018 Telephone: (540) 283-0802 E-mail: brittany@strelkalaw.com leigh@strelkalaw.com - and - Zev H. Antell, Esq. Craig J. Curwood, Esq. BUTLER CURWOOD, PLC 140 Virginia Street, Suite 302 Richmond, VA 23219 Telephone: (804) 648-4848 E-mail: zev@butlercurwood.com craig@butlercurwood.com ATLANTIC RECOVERY: Faces Spira Class Action Suit in S.D. New York ----------------------------------------------------------------- A class action lawsuit has been filed against Atlantic Recovery Solutions, LLC. The case is captioned as Spira v. Atlantic Recovery Solutions, LLC, Case No. 7:24-cv-00260-NSR (S.D.N.Y., Jan. 12, 2024). The suit alleges violation of the Fair Debt Collection Practices Act. The case is assigned to the Hon. Judge Nelson Stephen Roman. Atlantic Recovery is a nationally licensed, insured, bonded debt recovery agency.[BN] Plaintiff Cheryl Spira, individually and on behalf of all others similarly situated, is represented by: Rami Salim, Esq. STEIN SAKS PLLC One University Plaza, Suite 620 Hackensack, NJ 07601 Telephone: (201) 282-6500 E-mail: rsalim@steinsakslegal.com BAYER CORPORATION: Dawson Suit Transferred to E.D. New York ----------------------------------------------------------- The case styled as Daniela Dawson, individually and on behalf of all others similarly situated v. Bayer Corporation, Case No. 2:24-cv-00284 was transferred from the U.S. District Court for the District of New Jersey, to the U.S. District Court for the Eastern District of New York on Feb. 14, 2024. The District Court Clerk assigned Case No. 1:24-cv-01100-BMC to the proceeding. The nature of suit is stated as Fraud or Truth-In-Lending. Bayer AG -- https://www.bayer.com/en/ -- is a German multinational pharmaceutical and biotechnology company and is one of the largest pharmaceutical companies in the world.[BN] The Plaintiff is represented by: Bryan L. Clobes, Esq. CAFFERTY FAUCHER 1717 Arch St., Ste. 3610 Philadelphia, PA 19103 Phone: (215) 864-2800 Fax: (215) 864-2810 Email: bclobes@caffertyfaucher.com BEAUTY TREND: Faces Brown ADA Class Suit Over Store Barriers ------------------------------------------------------------ ALTAUNE BROWN v. BEAUTY TREND GROUP INC. AND LLS REALTY ASSOCIATES, LLC, Case No. 1:24-cv-00249-GHW (S.D.N.Y., Jan. 11, 2024) is a class action alleging that the Defendants discriminated, and continue to discriminate the Plaintiff, and others that are similarly situated, by denying full and equal access to and full and equal enjoyment of goods, services, facilities, privileges, advantages, and/or accommodations at the Defendants' Premises, in violation of the Americans with Disabilities Act, the New York Human Rights Law, and the New York State Human Rights Law. On May 15, 2023, the Plaintiff attempted to enter the Defendants' Premises, which is 0.8 miles from his home, to purchase beauty supplies that his daughter prefers for her. When Mr. Brown arrived at the Premises, he encountered steps at the front, and waived to the employee who did not see him. Mr. Brown then noticed a sign and buzzer to press for assistance, but when he pressed the button, the employee looked at him through the window, and when Mr. Brown pointed to the steps, she simply waved her finger at him signaling no. Mr. Brown pointed at the steps again and the employee waived her finger at his again and shrugged her shoulders. Set on purchasing the products for his daughter, Mr. Brown pressed the buzzer again to get assistance in, but it was ignored. Because of the architectural barriers at the store, such as the steps at the entrance, the Plaintiff was denied full and equal access to, and full and equal enjoyment of, the facilities at the Defendants' Property, the Plaintiff contends. The suit alleges that Defendant has engaged in deplorable and deceitful conduct of appearing to have an accessible ramp, but in fact does not or it does not in fact use it, simply to evade liability. The Defendants' violations impede upon the Plaintiff's, and other similarly situated disabled individuals' right to travel free of discrimination, the suit adds. The Plaintiff lives in the neighborhood with his family and routinely shopping for his family. The Plaintiff continues to be denied access and therefore suffered an injury. Beauty Trend is the lessee and/or operator of the real property, and the owner of the improvements where the Premises is located.[BN] The Plaintiff is represented by: Bradly G. Marks, Esq. THE MARKS LAW FIRM, PC 155 E 55th Street, Suite 4H New York, NY 10022 Telephone:(646) 770-3775 Facsimile: (646) 770- 2639 E-mail: Brad@markslawpc.com BG RETAIL: Faces Ponce Class Action Lawsuit in Cal. Sup. Ct. ------------------------------------------------------------ A class action lawsuit has been filed against BG RETAIL, LLC, A DELAWARE LIMITED LIABILITY COMPANY, et al. The case is captioned as PONCE, et al. vs. BG RETAIL, LLC, A DELAWARE LIMITED LIABILITY COMPANY, et al., Case No. 24CV000555 (Cal. Super., Jan. 12, 2024). The case is assigned to the Hon. Judge Christopher E. Krueger. BG operates Famous Footwear and Naturalizer shoe stores.[BN] BLUECORE COMPLETIONS: Cates Sues Over WARN Act Violations --------------------------------------------------------- Patrick Cates, on behalf of himself and all others similarly situated v. BLUECORE COMPLETIONS, LLC and PINTAIL COMPLETIONS, LLC, Case No. 7:24-cv-00047 (W.D. Tex., Feb. 14, 2024) seeks unpaid wages, benefits, commissions, and other damages under the Worker Adjustment and Retraining Notification Act (the WARN Act). The Plaintiff was employed by Defendants in March 2022. He worked as a field engineer and reported to Defendants' Midland, Texas facility. On or about July 14, 2023, he was informed by the management that his employment with the company would be terminated effective immediately arising from a mass layoff and/or plant closing at the facility. The Plaintiff brings this class action over Defendants' failure to give advanced written notice regarding the mass layoff and/or plant closing at Defendant's Midland, Texas facility. Plaintiff and the class members seek statutory remedies equivalent to sixty days' back pay and benefits, attorney's fees and costs, and other remedies. BlueCore Completions, LLC. was a wireline and valve company that began operating at the Midland, Texas facility in 2017. It was acquired by Pintail in July 2023. [BN] The Plaintiff is represented by: John T. Wilson, Esq. H. Brandon Jones, Esq. BONDS ELLIS EPPICH SCHAFER JONES LLP 420 Throckmorton Street, Suite 1000 Fort Worth, TX 76102 Telephone: (817) 405-6900 Facsimile: (817) 405-6902 E-mail: john.wilson@bondsellis.com Brandon@bondsellis.com BOARDWALK PIPELINE: Continues to Defend Securities Suit in Delaware ------------------------------------------------------------------- Boardwalk Pipeline Partners, LP disclosed in its Form 10-K Report for the fiscal year ended December 31, 2023, filed with the Securities and Exchange Commission on February 6, 2024, that it is currently facing a purported class action in the court of Chancery of the State of Delaware against the company, Boardwalk GP, LP and Boardwalk GP, LLC, regarding the potential exercise by Boardwalk GP of its right to purchase the issued and outstanding common units of the company not already owned by Boardwalk GP or its affiliates. Plaintiffs Tsemach Mishal and Paul Berger initiated this action on May 25, 2018. On June 25, 2018, the plaintiffs and defendants entered into a Stipulation and Agreement of Compromise and Settlement, subject to the approval of the Trial court. Under the terms of the Proposed Settlement, the lawsuit would be dismissed, and related claims against the Defendants would be released by the Plaintiffs, if BPHC, the sole member of the general partner of Boardwalk GP, elected to cause Boardwalk GP to exercise its Purchase Right for a cash purchase price, as determined by the company's Third Amended and Restated Agreement of Limited Partnership, as amended and gave notice of such election as provided in the Limited Partnership Agreement within a period specified by the Proposed Settlement. On June 29, 2018, Boardwalk GP elected to exercise the Purchase Right and gave notice within the period specified by the Proposed Settlement. On July 18, 2018, Boardwalk GP completed the purchase of the company's common units pursuant to the Purchase Right. On September 28, 2018, the Trial court denied the approval of the Proposed Settlement. On February 11, 2019, a substitute verified class action complaint was filed in this proceeding, which, among other things, added Loews as a Defendant. The Defendants filed a motion to dismiss, which was heard by the Trial court in July 2019. In October 2019, the Trial court ruled on the motion and granted a partial dismissal, with certain aspects of the case proceeding to trial. A trial was held the week of February 22, 2021, and post-trial oral arguments were held on July 14, 2021. On November 12, 2021, the Trial court issued a ruling on the case. The Trial court held that Boardwalk GP breached the Limited Partnership Agreement and found that Boardwalk GP is liable to the Plaintiffs for approximately $690.0 million in damages, plus pre-judgment interest (approximately $166.0 million), post-judgment interest, and attorneys' fees. The Trial court's ruling and damages award was against Boardwalk GP, and not the company or its subsidiaries. On January 3, 2022, the Defendants appealed the trial court's ruling to the Supreme Court of the State of Delaware. On January 17, 2022, the Plaintiffs filed a cross-appeal to the Supreme Court contesting the calculation of damages by the Trial court. Oral arguments were held for this case on September 14, 2022 and on December 19, 2022, the Supreme Court reversed the Trial Court's ruling and remanded the case to the Trial Court for further proceedings related to claims not decided by the Trial Court's ruling. Briefing by the parties at the Trial Court on the remanded issues was completed in September 2023. A hearing on the remanded issues is scheduled at the Trial Court in April 2024. Boardwalk Pipeline Partners, LP operate the business through its primary subsidiary Boardwalk Pipelines, LP (Boardwalk Pipelines), and its operating subsidiaries, which consist of integrated pipeline and storage systems for natural gas and natural gas liquids and other hydrocarbons based in Texas. BOEING CO: Berry Sues Over 737-MAX 9 Aircraft's Defective Doors --------------------------------------------------------------- ELENA BERRY, BART BERRY, GWINT L. FISHER, RENEE FISHER, IRIS RUIZ, GARET CUNNINGHAM, and ROSALBA RUIZ, individually and on behalf of all others similarly situated v. THE BOEING COMPANY, a Delaware profit corporation, and DOES 1-327, Case No. 24-2-00824-1 KNT (Wash. Super., Jan. 11, 2024) alleges that Boeing delivered a 737-MAX 9 to Alaska Airlines without properly securing the plug to the airframe, and/or one or more of the bolts and/or seals required by design to secure the door was or were defective in their material and/or form at the time the aircraft was manufactured and delivered to the purchaser. According to the complaint, federally mandated inspections after Jan. 5, 2024 of Boeing 737-MAX 9 aircraft owned and operated by Alaska Airlines and United Airlines, in response to the incident that gives rise to this Complaint, have found numerous loose bolts, which suggest that The Boeing Company has failed to design and/or construct those aircraft safely. On, Jan. 5, 2024, Alaska Airlines Flight 1282, operating a Boeing 737-MAX 9 / B39M aircraft, serial number 67501, registration N704AL departed on a regularly scheduled domestic flight from Portland, Oregon, bound for Ontario, California. As that aircraft was climbing, it lost its left-side door "plug" in flight. The aircraft depressurized, which terrified its passengers, and was forced to return to Portland International Airport to make an emergency landing. Boeing CEO DaveCalhoun calls the defect that led to this lived nightmare "our mistake" and publicly admitted, by his implication, that the plug was not properly secured to the fuselage either during manufacture or otherwise while the aircraft was being built by Boeing, and/or its subcontractor, Spirit AeroSystems. The force of the depressurization ripped the shirt off a boy, and sucked cell phones, other debris, and much of the oxygen out of the aircraft. The entire seatback of 26A as well as the headrests in seats 26A and 26B, next to the blown-out hole in the fuselage, were torn off and expelled into the night. Paneling and window trim in several rows extending from the point of failure was damaged. The shirtless boy leapt over the woman next to him, and escaped toward the front of the plane. At least two others seated near the hole followed and found new seats closer to the front. The event physically injured some passengers and emotionally traumatized most if not all aboard. The violence of the event bruised the bodies of some. The cockpit door blew open and a flight attendant rushed to try to close it. The pressure change made ears bleed and combined with low oxygen, loud wind noise and traumatic stress made heads ache severely. Passengers were shocked, terrorized and confused, thrust into a waking nightmare, hoping they would live long enough to walk the earth again, the suit asserts. Plaintiff Garet Cunningham was a passenger on January 5, 2024, Alaska Airlines Flight 1282, departing Portland, Oregon to Ontario, California. He was in seat 28D. At that time and at the commencement of this action, he was a resident of Corona, California. Plaintiff Rosalba Ruiz was a passenger on January 5, 2024, Alaska Airlines Flight 1282, departing Portland, Oregon to Ontario, California. She was in seat 28E. At that time and at the commencement of this action, she was a resident of Corona, California. The Boeing Company is an American multinational corporation that designs, manufactures, and sells airplanes, rotorcraft, rockets, satellites, telecommunications equipment, and missiles worldwide.[BN] The Plaintiffs are represented by: Daniel R. Laurence, Esq. Furhad Sultani, Esq. STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave W No. 300 Seattle, WA 98119 Telephone: (206) 448-1777 BOEING COMPANY: Faces Securities Fraud Suit Over 737 MAX Airplanes ------------------------------------------------------------------ STATE OF RHODE ISLAND OFFICE OF THE GENERAL TREASURER, ON BEHALF OF THE EMPLOYEES' RETIREMENT SYSTEM OF THE STATE OF RHODE ISLAND, individually and on behalf of all others similarly situated, Plaintiffs v. THE BOEING COMPANY, DAVID L. CALHOUN, DENNIS A. MUILENBURG, BRIAN J. WEST, and GREGORY D. SMITH, Defendants, Case No. 1:24-cv-00151 (E.D. Va., Jan. 30, 2024) is a securities class action brought on behalf of the Plaintiff and all persons or entities that purchased or otherwise acquired Boeing common stock between October 23, 2019 and January 24, 2024, inclusive, against the Defendants for alleged violations of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder. Approximately five years ago, two Boeing 737 MAX 8 planes were involved in fatal crashes caused by malfunctions due to design flaws in the 737 MAX's flight control software. Numerous investigations into the cause of these accidents revealed that software designed by Boeing to help the plane avoid stalls malfunctioned, causing the planes to crash. In the wake of these disasters, Defendants promised that Boeing would be laser-focused on safety and touted the efficacy of its renewed manufacturing, production, and oversight efforts as well as operational changes it had made to assure the adequacy of its quality control standards. The Class Period starts on October 23, 2019, when Defendants boasted that Boeing was "making steady progress," on its "top priority . . . the safe return to service of the 737 MAX." Throughout the Class Period, Defendants made similar statements, consistently assuring investors that Boeing was "laser-focused on . . . safety, quality and transparency." The Defendants also claimed that Boeing did not make "trade-offs," between safety and profit, and that safety has "always been the priority and that will continue to be" at Boeing, says the suit. Unbeknownst to investors, the said statements were false and misleading because Boeing failed to disclose that it had been prioritizing its profits over safety, which led to poor quality control standards in the production of its commercial aircrafts such as the 737 MAX, resulting in a heightened risk of manufacturing flaws which could render the Company's new airplanes unsafe. This very risk had materialized during the Class Period. These alleged false and/or misleading statements caused Boeing stock to trade at artificially inflated prices during the Class Period. As a result of Defendants' wrongful acts and omissions, and the resulting decline in the market value of Boeing's stock, Plaintiff and the Class suffered significant losses and damages under the federal securities laws, the suit asserts. Boeing Company, headquartered in Arlington, Virginia, is one of the largest aerospace companies in the world.[BN] The Plaintiff is represented by: Steven J. Toll, Esq. S. Douglas Bunch, Esq. COHEN MILSTEIN SELLERS & TOLL PLLC 1100 New York Avenue, N.W. Suite 500 Washington, D.C. 20005 Telephone: (202) 408-4600 Facsimile: (202) 408-4699 E-mail: stoll@cohenmilstein.com dbunch@cohenmilstein.com - and - Eric J. Belfi, Esq. Carol C. Villegas, Esq. Francis P. McConville, Esq. LABATON KELLER SUCHAROW LLP 140 Broadway New York, NY 10005 Telephone: (212) 907-0700 Facsimile: (212) 818-0477 E-mail: ebelfi@labaton.com cvillegas@labaton.com fmcconville@labaton.com BOHO BEACH HUT: Competello Files ADA Suit in S.D. New York ---------------------------------------------------------- A class action lawsuit has been filed against Boho Beach Hut. The case is styled as Susan Competello, on behalf of herself and all others similarly situated v. Boho Beach Hut, Case No. 1:24-cv-00807-JGLC (S.D.N.Y., Feb. 2, 2024). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Boho Beach Hut -- https://bohobeachhut.com/ -- offers a large variety of boho apparel and accessories, from bohemian beach clothing to boho dresses.[BN] The Plaintiff is represented by: Jon L. Norinsberg, Esq. JON L. NORINSBERG, ESQ., PLLC 110 East 59th Street, Suite 2300 New York, NY 10022 Phone: (212) 791-5396 Fax: (212) 406-6890 Email: jon@norinsberglaw.com BOZZUTO MANAGEMENT: Hettinger Seeks More Time for Class Cert Filing ------------------------------------------------------------------- In the class action lawsuit captioned as LAURA HETTINGER, on behalf of herself and all others similarly situated, v. BOZZUTO MANAGEMENT CO., Case No. 1:23-cv-03687-JEB (D.D.C.), the Plaintiff asks the Court to enter an order extending the deadline to file her motion for class certification until a time determined by the Court after evaluation of the parties' proposed schedule(s) in their Joint Meet and Confer Report, or at the Initial Scheduling Conference. Bozzuto was founded in 1988. The company's line of business includes renting, buying, selling, and appraising real estate. A copy of the Plaintiff's motion dated Jan. 29, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=6gjFzy at no extra charge.[CC] The Plaintiff is represented by: Jason S. Rathod, Esq. MIGLIACCIO & RATHOD LLP 412 H St. NE, Suite 302 Washington DC 20002 Telephone: (202) 470-3520 Facsimile: (202) 800-2730 E-mail: jrathod@classlawdc.com BRANDT BROTHER: Adams Sues Over Labor Code Breaches --------------------------------------------------- Kevin Adams, on behalf of himself and all others similarly situated, and the general public v. BRANDT BROTHERS, LLC, a California corporation; PROFESSIONAL COURIER & NEWSPAPER DISTRIBUTION, a California corporation; BRANDT BROTHERS ENTERPRISES, INC., a business entity of unknown form; PROFESSIONAL COURIER, INC., a business entity of unknown form; and DOES 1 through 50, inclusive, Case No. 24STCV03818 (Cal. Sup., Los Angeles Cty., Feb. 14, 2024) accuses Defendants of violating the California Labor Code and the California Business and Professions Code. The Plaintiff alleges that Defendants committed multiple violations of the California Labor Code and California Business and Professions Code, including failure to pay Plaintiff and class members overtime wages at the correct rate, failure to pay them double time wages at the correct rate, and failure to pay them overtime and/or double time wages by failing to include all applicable remuneration in calculating the regular rate of pay. Brandt Brothers LLC is a California company that offers trucking, transportation, logistics, dock management, and consulting services. Its corporate office is located at 472 S Teilman Ave., Fresno, CA.[BN] The Plaintiff is represented by: Emil Davtyan, Esq. David Yeremian, Esq. David Keledjian, Esq. Kevin Burns, 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 d.keledjian@d.law k.burns@d.law BRIGHTVIEW BEHAVIORAL: Fails to Pay Technicians' Minimum & OT Wages ------------------------------------------------------------------- MIO TAKAHASHI, individually and on behalf of the putative class v. BRIGHTVIEW BEHAVIORAL HEALTH CENTER, INC., a California corporation; GISELLE MILLARES, an individual; SEAN MASON, an individual; RITA MASON, an individual; and DOES 1- 50, Inclusive, Case No. 24STCV01082 (Cal. Super., Jan. 12, 2024) alleges that the Defendants failed to pay minimum and overtime wages under the California Labor Code. The Plaintiff, aggrieved employees, and members of the Class Members worked in excess of eight hours per day and in excess of forty hours per week, and the Defendant unlawfully failed to pay Plaintiff, aggrieved employees, and Class Members the proper overtime compensation, the suit alleges. Despite being non-exempt hourly employees, the Plaintiff and the Class Members were not afforded legally compliant meal or rest breaks. The Defendants also did not provide premium pay for missed meal and rest breaks. In addition, the Defendant failed to pay the Plaintiff and the Class Members wages for all hours worked, including by requiring the Plaintiff and the Class Members to complete work off the clock and otherwise denying the Plaintiff and the Class Members payment for all hours worked, says the suit. The Plaintiff was employed by the Defendant as a Behavioral Technician from June 5, 2023 through October 2, 2023. Brightview is engaged in providing services to individuals diagnosed with autism spectrum disorders and other related disorders by providing Applied Behavior Analysis (ABA) services.[BN] The Plaintiff is represented by: Danny Yadidsion, Esq. LABOR LAW PC 100 Wilshire Blvd., Suite 700 Santa Monica, CA 90401 Telephone: (310) 494-6082 E-mail: Danny@LaborLawPC.com CALAMIGOS RANCH: Balli Sues Over Unfair Labor Practices ------------------------------------------------------- ABDULLAH TOLGA BALLI, individually and on behalf of all other Aggrieved Employees, Plaintiff v. CALAMIGOS RANCH CORPORATION, a California Corporation; THE GUESTOLOGY GROUP, INC., a California Corporation; and DOES 1 through 50, inclusive, Defendants, Case No. 24BBCV00404 (Cal. Super., Los Angeles Cty., February 15, 2024) seeks to recover civil penalties under the Private Attorneys General Act in connection with the Defendants' violations of the California Labor Code. Plaintiff Balli was hired by Defendants with the job title of Night Auditor on or about April 1, 2022. Due to the company-wide failures of Defendants, Plaintiff and other aggrieved employees were forced to work off-the-clock before and/or after their scheduled work shifts, and/or during rest breaks, and/or during meal breaks. In addition, Defendants failed to pay them minimum wage for this time and/or falsified timekeeping records to hide this fact, says the suit. Calamigos Ranch Corporation is a California Corporation who operates a private 250-acre ranch in Malibu Wine Country as well as an exclusive beachfront Beach Club for its guests. [BN] The Plaintiff is represented by: Haig B. Kazandjian, Esq. Christina N. Mirzaie, Esq. HAIG B. KAZANDJIAN LAWYERS, APC 801 North Brand Boulevard, Suite 970 Glendale, CA 91203 Telephone: (818) 696-2306 Facsimile: (818) 696-2307 E-mail: haig@hbklawyers.com christina@hbklawyers.com CATHAY PACIFIC: Summary Judgment Hearing Set for July 11 -------------------------------------------------------- In the class action lawsuit captioned as Goldthorpe, et al., v. Cathay Pacific Airways Limited, et al., Case No. 3:17-cv-03233 (N.D. Cal., Filed June 5, 2017), the Hon. Judge Vince Chhabria entered an order denying stipulated request to further delay the litigation schedule. -- If the parties wish to submit a revised schedule that pushes back class certification proceedings and expert discovery (and perhaps summary judgment) without affecting trial, they may do so and the court will consider it. -- The summary judgment hearing may not take place any later than July 11. Signed by Judge Vince Chhabria. The nature of suit states Labor Litigation -- Diversity-(Citizenship).[CC] Cathay is Hong Kong's flag carrier, offering passenger and cargo services. CITIC CAPITAL HOLDINGS: Tang Suit Transferred to D. Delaware ------------------------------------------------------------ The case styled as John Yong Tang, Faris Al Kooheji, on behalf of themselves and others similarly situated v. CITIC Capital Holdings Ltd., CITIC Limited, CITIC Capital Partners LLC, ZT Biopharmaceutical LLC, Yichen Zhang, Yong Kai Wong, Hans Allegaert, Kenneth A. Martindale, Tricia K. Tolivar, Cameron Lawrence, Susan M Canning, Alan D. Feldman, Michael F. Hines, Amy B. Lane, Philip E. Mallott, Michele S. Meyer, Robert F. Moran, Evercore Inc., Gregory Berube, ABC Company, John Doe, GNC Holdings, LLC, Case No. 1:23-cv-01195 was transferred from the U.S. District Court for the Southern District of New York, to the U.S. District Court for the District of Delaware on Feb. 14, 2024. The District Court Clerk assigned Case No. 1:24-cv-00198-UNA to the proceeding. The nature of suit is stated as Racketeer/Corrupt Organization for the Racketeering (RICO) Act. CITIC Capital Holdings -- https://www.citiccapital.com/ -- is an alternative investment management and advisory company headquartered in China.[BN] CITY STORAGE SYSTEMS: Klarfield Files Suit in Cal. Super. Ct. ------------------------------------------------------------- A class action lawsuit has been filed against City Storage Systems LLC. The case is styled as Dylan Klarfield, individually and on behalf of all others similarly situated v. City Storage Systems LLC d/b/a CloudKitchens, Case No. CGC24612428 (Cal. Super. Ct., San Francisco Cty., Feb. 14, 2024). The case type is stated as "Business Tort." City Storage Systems LLC doing business as CloudKitchens -- https://cloudkitchens.com/ -- is a ghost kitchen company started by Diego Berdakin and EarthLink founder Sky Dayton in 2015.[BN] The Plaintiff is represented by: L. Timothy Fisher, Esq. BURSOR & FISHER, P.A. 1990 N. California Blvd., Ste. 940 Walnut Creek, CA 94596-3745 Phone: 925-300-4455 Fax: 925-470-2700 COASTAL MEDICAL: Fails to Secure Patients' Info, Sharpe Alleges --------------------------------------------------------------- ROBYN SHARPE, individually and on behalf of all others similarly situated v. COASTAL MEDICAL TRANSPORTATION SYSTEMS LLC d/b/a TRANSFORMATIVE HEALTHCARE, LLC, Case No. 1:24-cv-10115-JEK (D. Mass., Jan. 12, 2024) alleges that the Defendant failed to safeguard, monitor, maintain and protect the highly sensitive Personal Health Information and Personally Identifiable Information. The Defendant determined that the unauthorized third party had accessed its data storage archive as early as February 17, 2023 through April 22, 2023, and obtained files which contained Fallon's patients' and employees' Sensitive Information, including "name, address, Social Security number, medical information, including COVID-19 testing or vaccination information, and information provided to Fallon in connection with employment or application for employment." Although the Defendant discovered the Data Breach on April 21, 2023, it inexplicably waited until December 27, 2023, eight months later, to purportedly begin issuing data breach letters to the patients, employees, and other individuals impacted by the Data Breach, the suit alleges. As a result of the Defendant's lax data security concerning its systems and servers, hundreds of thousands of the Defendant's patients and employees have had sensitive details of their lives and identities accessed, viewed and stolen by malicious cybercriminals. Therefore, the Plaintiff and Class Members have suffered and are at an imminent, immediate, and continuing risk of suffering ascertainable losses in the form of harm from identity theft and other fraudulent misuse of their Sensitive Information, the loss of the benefit of their bargain, out-of-pocket expenses incurred to remedy or mitigate the effects of the Data Breach, and the value of their time reasonably incurred to remedy or mitigate the effects of the Data Breach, the suit asserts. Plaintiff Sharpe is citizen of the State of Massachusetts, residing in Boston, Massachusetts. She received a Data Breach Notice Letter from Fallon on December 27, 2023, informing her that her Sensitive Information was part of the Defendant's Data Breach. Coastal provides non-emergency transportation services for healthcare institutions and patients.[BN] The Plaintiff is represented by: Raymond Dinsmore, Esq. HAYBER, McKENNA & DINSMORE, LLC One Monarch Place, Suite 1340 Springfield MA 01144 Telephone: (413) 785-1400 Facsimile: (860) 218-9555 E-mail: rdinsmore@hayberlawfirm.com - and - Christopher D. Jennings, Esq. Tyler Ewigleben, Esq. Laura Edmondson, Esq. THE JOHNSON FIRM 610 President Clinton Ave., Suite 300 Little Rock, AR 72201 Telephone: (501) 372-1300 E-mail: chris@yourattorney.com tyler@yourattorney.com ledmondson@yourattorney.com - and - Brian C. Gudmundson, Esq. Rachel K. Tack, Esq. ZIMMERMAN REED LLP 1100 IDS Center 80 South 8th Street Minneapolis, MN 55402 Telephone: (612) 341-0400 Facsimile: (612) 341-0844 E-mail: brian.gudmundson@zimmreed.com rachel.tack@zimmreed.com COMCAST CABLE: Durham Files Suit in E.D. Pennsylvania ----------------------------------------------------- A class action lawsuit has been filed against Comcast Cable Communications, LLC. The case is styled as Jessica Durham, individually and on behalf of all others similarly situated v. Comcast Cable Communications, LLC, Case No. 2:24-cv-00639-JMY (E.D. Pa., Feb. 13, 2024). The nature of suit is stated as Other Fraud for Contract Default. Comcast Corporation -- http://corporate.comcast.com/-- incorporated and headquartered in Philadelphia, is the largest American multinational telecommunications and media conglomerate.[BN] The Plaintiff is represented by: Charles E. Schaffer, Esq. LEVIN SEDRAN & BERMAN 510 Walnut Street, Suite 500 Philadelphia, PA 19106 Phone: (215) 592-1500 Fax: (215) 592-4663 Email: cschaffer@lfsblaw.com COMCAST CABLE: Zagacki Files Suit in E.D. Pennsylvania ------------------------------------------------------ A class action lawsuit has been filed against Comcast Cable Communications, LLC, et al. The case is styled as Joseph Zagacki, individually and on behalf of all others similarly situated v. Comcast Cable Communications, LLC d/b/a Xfinity, Citrix Systems, Inc., Citrix Systems, Inc., Case No. 2:24-cv-00507-JMY (E.D. Pa., Feb. 2, 2024). The nature of suit is stated as Other Contract for Breach of Contract. Comcast Corporation -- http://corporate.comcast.com/-- incorporated and headquartered in Philadelphia, is the largest American multinational telecommunications and media conglomerate.[BN] The Plaintiff is represented by: Lee Albert, Esq. GLANCY PRONGAY & MURRAY LLP 230 Park Avenue, Suite 530 New York, NY 10169 Phone: (212) 682-5340 Fax: (212) 884-0988 Email: lalbert@glancylaw.com CONNECTICUT: Court Enters Order on Bid for Prelim. Injunction ------------------------------------------------------------- In the class action lawsuit captioned as Crispin v. State of Connecticut, et al., Case No. 3:23-cv-01636 (D. Conn., Filed Dec. 19, 2023), the Hon. Judge Sarala V. Nagala entered an order on motion for preliminary injunction. -- The Plaintiff has raised retaliation claims in the present lawsuit, which the Court will assess in its Initial Review Order. -- However, even if these claims are later deemed meritorious, preliminary injunctive relief would not be justified at this time due to the failure to demonstrate the risk of irreparable harm. -- Additionally, given that his complaint has not yet undergone initial review, the Court cannot find that he is likely to succeed on the merits, as would be required to grant the requested injunctive relief. The nature of suit states Prisoner Petitions -- Habeas Corpus -- Prison Condition. Connecticut is a U.S. state in southern New England that has a mix of coastal cities and rural areas dotted with small towns.[CC] CONTINENTAL AG: Tire Companies Face Edwards Antitrust Suit ---------------------------------------------------------- MICHELE EDWARDS, individually and on behalf of all others similarly situated v. CONTINENTAL AKTIENGESELLSCHAFT; CONTINENTAL TIRE THE AMERICAS, LLC; COMPAGNIE GÉNÉRALE DES ÉTABLISSEMENTS; 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, Case No. 1:24-cv-01092 (S.D.N.Y., Feb. 14, 2024) seeks damages and injunctive relief against Defendants for alleged violations of the Sherman Act. The Plaintiff brings this action on behalf of himself and other individuals who purchased tires directly from Defendants at supracompetitive prices. Defendants are among the world's largest tire manufacturers, headquartered at major locations, including Europe and the U.S. The Plaintiff accuses Defendants of violating the Sherman Antitrust Act by colluding with one another in fixing the prices of tires, thus artificially restraining competition in the market. This was made possible allegedly through trade association meetings, joint venture arrangements, and collaboration on industry-wide initiatives. The Defendants' unlawful conduct has proximately caused injury, and will continue to cause injury, to her and class members, the Plaintiff claims. Continental AG is a German tire manufacturer with its headquarters located at Vahrenwalder Strasse 9, 30165 Hannover, Germany. [BN] The Plaintiff is represented by: Michelle C. Clerkin, Esq. Jason C. Spiro, Esq. David B. Harrison, Esq. Shomik Ghosh, Esq. SPIRO HARRISON & NELSON 40 Exchange Place, Suite 1404 New York, NY 10005 Telephone: (646) 880-8850 Facsimile: (973) 232-0887 E-mail: mclerkin@shnlegal.com jspiro@shnlegal.com dharrison@shnlegal.com sghosh@shnlegal.com - and – Rachel Dapeer, Esq. DAPEER LAW, P.A. 20900 NE 30th Avenue, #417 Aventura, FL 33180 Telephone: (954) 799-5914 E-mail: Rachel@dapeer.com CONTINENTAL AG: Torres Alleges Price Fixing Conspiracy on Tires --------------------------------------------------------------- MARCO A. TORRES, individually and on behalf of all others similarly situated, Plaintiff v. CONTINENTAL AKTIENGESELLSCHAFT; CONTINENTAL TIRE THE AMERICAS, LLC; COMPAGNIE GENERALE DES ÉTABLISSEMENTS; 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.; DOES 1-100, Defendants, Case No. 1:24-cv-01124 (S.D.N.Y., February 15, 2024) arises from the Defendants' unlawful agreement to fix the prices of new replacement tires for passenger cars, vans, trucks, and buses sold in the United States. The Plaintiff Torres brings this class action under Sections 4 and 16 of the Clayton Act to recover damages suffered by the Class, costs of suit, including attorneys' fees, injunctive relief, and for such other relief as is afforded for injury caused by Defendants' violations of Section 1 of the Sherman Act. According to the complaint, the Defendants effectuated their price fixing conspiracy by, among other means, signaling price increases via public communications and other public statements, coordinated lock-step price increases, and implementing revenue management software to facilitate and exchange pricing information. Headquartered in Hannover, Germany, Continental Aktiengesellschaft (Continental AG) manufactures and distributes a complete premium line of passenger, light truck and commercial tires for original equipment and replacement markets. [BN] The Plaintiff is represented by: Adam J. Pessin, Esq. Roberta D. Liebenberg, Esq. Jeffrey S. Istvan, Esq. FINE, KAPLAN AND BLACK, R.P.C. One South Broad Street, 23rd Floor Philadelphia, PA 19107 Telephone: (215) 567-6565 E-mail: rliebenberg@finekaplan.com jistvan@finekaplan.com apessin@finekaplan.com CONTINENTAL AKTIENGESELLSCHAFT: Sampayan Alleges Tire Price-Fixing ------------------------------------------------------------------ RENA SAMPAYAN, Plaintiff v. CONTINENTAL AKTIENGESELLSCHAFT; CONTINENTAL TIRE THE AMERICAS, LLC; COMPAGNIE GENERALE DES ETABLISSEMENTS; 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-00881 (S.D.N.Y., Feb. 7, 2024) is a class action brought by the Plaintiff, on behalf of herself and all others similarly situated, due to a per se unlawful agreement between Defendants to artificially increase and fix the prices of new replacement tires for passenger cars, vans, trucks and buses sold in the United States in violation of the Sherman Act. According to the complaint, the Defendants' unlawful agreement to fix prices of tires is supported by, among other things: (i) Defendants' sudden and dramatic parallel price increases, which absent a conspiracy to fix prices, ran contrary to their economic interests; (ii) EC dawn raids of Defendants, (iii) the high level of market concentration in the tire market; (iv) significant barriers to entry, (v) lack of economic substitutes for tires, (vi) standardization of tires with a high degree of interchangeability; and (vii) the myriad opportunities that employees of Defendants had to conspire with one another to fix prices of tires, coupled with their motivation to achieve such an unlawful end. The Plaintiff seeks to represent a Class of individuals that purchased tires directly from Defendants at supracompetitive prices to recover treble damages, injunctive relief, and other relief as is appropriate, based on Defendants violation of federal antitrust laws. Plaintiff demands a trial by jury. Continental Aktiengesellschaft is a German company with its headquarters in Hannover, Germany. Continental AG has four group sectors: Automotive, Tires, ContiTech, and Contract Manufacturing.[BN] The Plaintiff is represented by: Gregory B. Linkh, Esq. Lee Albert, Esq. Brian Brooks, Esq. GLANCY PRONGAY & MURRAY LLP 230 Park Avenue, Suite 358 New York, NY 10169 Telephone: (212) 682-5340 Facsimile: (212) 884-0988 E-mail: glinkh@glancylaw.com lalbert@glancylaw.com bbrooks@glancylaw.com DANONE US LLC: Fahey Files Suit in S.D. Florida ----------------------------------------------- A class action lawsuit has been filed against Danone US LLC. The case is styled as Andrea Fahey, individually and on behalf of all others similarly situated v. Danone US LLC, Case No. 2:24-cv-14041-AMC (S.D. Fla., Feb. 13, 2024). The nature of suit is stated as Other Fraud. Danone US LLC -- https://www.danonenorthamerica.com/ -- is one of the largest food and beverage companies in North America.[BN] The Plaintiff is represented by: William Charles Wright, Esq. THE WRIGHT LAW OFFICE, P.A. 515 N. Flagler Drive Suite P-300 West Palm Beach, FL 33401 Phone: (561) 514-0904 Email: willwright@wrightlawoffice.com DEERE CREDIT: Cornelius Files TCPA Suit in S.D. Georgia ------------------------------------------------------- A class action lawsuit has been filed against Deere Credit Services, Inc. The case is styled as Melvin Cornelius, III, on behalf of himself and others similarly situated v. Deere Credit Services, Inc., Case No. 4:24-cv-00025-RSB-CLR (S.D. Ga., Feb. 1, 2024). The lawsuit is brought over alleged violation of the Telephone Consumer Protection Act for Restrictions of Use of Telephone Equipment. Deere Credit Services, Inc. provides financing services. The Company offers forestry, landscaping, construction equipment, and golf financing services.[BN] The Plaintiff is represented by: Steven Howard Koval, Esq. THE KOVAL FIRM, LLC Building 15, Suite 120 3575 Piedmont Rd. Atlanta, GA 30305 Phone: (404) 513-6651 Fax: (404) 549-4654 Email: shkoval@aol.com DELUCA'S ITALIAN: Diaz Sues Over Failure to Pay Proper Wages ------------------------------------------------------------ ABRAHAM GUILLERMO ROMERO DIAZ and ROSA TERESA CANASTUJ, on behalf of themselves and all others similarly situated, Plaintiffs v. DELUCA'S ITALIAN RESTAURANT, INC. d/b/a DELUCA'S ITALIAN RESTAURANT, MASSERIA DELUCA'S, INC. d/b/a DELUCA'S TRATTORIA, and ROBERT DELUCA, Defendants, Case No. 1:24-cv-00961 (E.D.N.Y., Feb. 7, 2024) seeks to recover unpaid minimum and overtime wages, spread-of-hours pay, liquidated damages, statutory damages, pre- and post-judgment interest, and attorneys' fees and costs pursuant to the Fair Labor Standards Act, the New York Labor Law, and the New York Wage Theft Prevention Act. Throughout Plaintiffs' employment at Deluca's Italian Restaurant and Deluca's Trattoria -- Italian restaurants in Staten Island -- Defendants failed to pay Plaintiffs and other hourly-paid workers the statutorily required minimum wage rate, the applicable overtime wage rate for hours worked over 40 per workweek, and spread-of-hours pay when they worked shifts longer than 10 hours. The Defendants also failed to furnish Plaintiffs and hourly-paid workers with statutorily required wage notices and accurate weekly wage statements, says the suit. Plaintiffs Diaz and Canastuj were employed by the Defendants as hourly-paid workers from approximately September 2022 to September 2023 and from approximately April 2022 to September 2023. Deluca's Italian Restaurant, Inc. is a New York corporation that owns and operates Deluca's Italian Restaurant, a restaurant and bar located in New York.[BN] The Plaintiffs are represented by: Louis Pechman, Esq. Gianfranco Cuadra, Esq. Christian Mercado, Esq. PECHMAN LAW GROUP PLLC 488 Madison Avenue, 17th Floor New York, NY 10022 Telephone: (212) 583-9500 E-mail: pechman@pechmanlaw.com cuadra@pechmanlaw.com mercado@pechmanlaw.com DES MOINES ORTHOPAEDIC: Hart Files Suit in S.D. Iowa ---------------------------------------------------- A class action lawsuit has been filed against Des Moines Orthopaedic Surgeons, P.C. The case is styled as Mark Hart, on behalf of himself and all others similarly situated v. Des Moines Orthopaedic Surgeons, P.C., Case No. 4:24-cv-00059-SHL-WPK (S.D. Iowa, Feb. 13, 2024). The nature of suit is stated as Other P.I. for the Federal Trade Commission Act (Unfair or Deceptive Acts). DES Moines Orthopaedic Surgeons, P.C. -- https://dmos.com/ -- operates as an orthopedic center. The Company offers hand and physical therapy, MRI imaging, pediatric, urgent injury clinic, and X-ray services.[BN] The Plaintiff is represented by: Jeffrey C. O'Brien, Esq. CHESTNUT CAMBRONNE PA 100 Washington Avenue South, Suite 1700 Minneapolis, MN 55401 Phone: (612) 336-1298 Fax: (612) 336-2940 Email: jobrien@chestnutcambronne.com DIGNITY HEALTH: Class Cert Bid Filing Due April 30, 2026 -------------------------------------------------------- In the class action lawsuit captioned as MICHELE WALKER, et al., v. DIGNITY HEALTH, a California Corporation d/b/a MERCY MEDICAL CENTER – MERCED, and DOES 1 to 100, Case No. 1:23-cv-00349-BAM (E.D. Cal.), the Hon. Judge Barbara A. McAuliffe entered a preliminary scheduling order setting status conference as follows: A. Consent To Magistrate Judge Pursuant to 28 U.S.C. section 636(c), the parties have consented to conduct all further proceedings in this case, including trial, before the Honorable Barbara A. McAuliffe, United States Magistrate Judge. B. Amendment to the Parties' Pleadings All stipulated amendments or motions to amend shall be filed by July 19, 2024. C. Fed. R. Civ. P. 26(a)(1) Initial Disclosures Initial disclosures shall be completed by Feb. 23, 2024. D. Preliminary Class Certification Dates After discussion with counsel, the Court sets the following dates for class certification only: 1. Class Written Discovery Cutoff: March 30, 2026 2. Class Certification Motion April 30, 2026 Filing Deadline: 3. Class Certification Opposition Aug. 31, 2026 Filing Deadline: 4. Class Certification Reply Dec. 18, 2026 Filing Deadline: Dignity Health was a California-based not-for-profit public-benefit corporation that operated hospitals and ancillary care facilities in three states. A copy of the Court's order dated Jan. 26, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=XnmHOj at no extra charge.[CC] DMC STAFF: Faces Correra Suit in Calif. Over Labor Law Violations ----------------------------------------------------------------- JULIANA CORRERA, an individual, on behalf of herself and on behalf of all persons similarly situated v. DMC STAFF LLC, a California Limited Liability Company; DAVID MARCO COMPANY LLC, a California Limited Liability Company; and DOES 1 through 50, inclusive, Case No. 24STCV03780 (Cal. Sup., Los Angeles Cty., February 14, 2024) accuses the Defendants of committing multiple violations of the California Labor Code. The Plaintiff was employed by Defendant in California from February 2022 to August 2023 as a non-exempt employee paid on an hourly basis. Defendant allegedly implemented a pattern and practice of not paying proper wages to Plaintiff and class members, making unlawful deductions from their compensation, failing to pay sick pay at regular rate, and failing to reimburse Plaintiff and class members for required business expenses incurred by them as a result of discharging their duties on behalf of Defendant. The Plaintiff seeks unpaid wages, compensatory damages, liquidated damages, attorneys' fees and cost, and other relief available under the California Labor Code. A subsidiary of David Marco Company LLC, DMC Staff LLC provides staffing services across events, conferences, and social gatherings. It is headquartered at 1800 N Vine Street, Los Angeles, CA 90028. [BN] The Plaintiff is represented by: Norman B. Blumenthal, Esq. Kyle R. Nordrehaug, Esq. Aparajit Bhowmik, Esq. Nicholas J. De Blouw, Esq. Jeffrey S. Herman, Esq. BLUMENTHAL NORDREHAUG BHOWMIK DE BLOUW LLP 2255 Calle Clara La Jolla, CA 92037 Telephone: (858) 551-1223 Facsimile: (858) 551-1232 E-mail: jeffrey@bamlawca.com DOLLARAMA INC: Agrees to Settle Pricing Class Suit With Gift Card ----------------------------------------------------------------- Rachel Watts, writing for CBC News, reports that Dollarama customers who purchased products subject to an eco fee -- such as batteries, electronics, light bulbs or toys with batteries -- may be eligible to claim a gift card. The Montreal law firm of LPC Avocats Inc., announced Tuesday that the proposed national settlement has been reached in a class-action lawsuit about prices advertised and charged by Dollarama for products subject to an Environmental Handling Fee (EHF). It's subject to court approval in April. The plaintiff in the lawsuit alleged that the Montreal-based retailer did not properly display the price of products subject to EHF and charged a total price or EHF higher than displayed or allowed by law. Richard Powers, an associate professor at the University of Toronto's Rotman School of Management, said the settlement is a "drop in the bucket" for a company like Dollarama. "I'm not sure how strong a case the plaintiffs had, but [Dollarama] clearly wanted to get rid of it just because of the reputational damage that can go along with that," he said. April 5 deadline to claim gift card Under Quebec and consumer protection legislation, merchants have to display the full price of a product -- rather than a fragmented price -- so that consumers know exactly how much they're paying as they approach the cash, according to Joey Zukran, a lawyer at LPC Avocats and the class action counsel. "Just a couple of days after the lawsuit was filed, Dollarama immediately modified its practice nationwide," Zukran told CBC News. Dollarama denies any liability or wrongdoing. A hearing on April 9, 2024 will decide whether to approve the settlement before any compensation is provided to class members. Anyone who purchased a product subject to an EHF from Dollarama in Quebec between Dec. 11, 2019, and July 4, 2023, or elsewhere in Canada between May 29, 2021, to July 4, 2023, could obtain a gift card with a maximum value of $15.00. If a high volume of customers take up the settlement, it could reduce the gift card amount per person -- though some of the claims could be as little as eight cents, Zukran said. The class action also includes Shoppers Drug Mart and its Quebec counterpart Pharmaprix, which have not filed a settlement. To claim a gift card, eligible customers must provide their email address by April 5, 2024. LPC Avocats says no proof of purchase is required. [GN] EIGHT ELEVEN: Doran-Smith Sues Over Unlawful Labor Practices ------------------------------------------------------------ NICOLE DORAN-SMITH and SIMONE BROOKS, individually, and on behalf of other members of the general public and all persons similarly situated; Plaintiffs v. EIGHT ELEVEN GROUP, LLC d/b/a Medasource and DOES 1 through 100, inclusive, Defendants, Case No. 2:24-cv-00813 (C.D. Cal., Jan. 30, 2024) arises from the Defendants' alleged unlawful labor practices in violation of the Fair Labor Standards Act, the California Labor Code, and the California Business and Professions Code. The complaint alleges the Defendants' failure to pay overtime wages, failure to provide meal and rest periods, failure to provide accurate wage statements, failure to timely pay wages, and engagement in unfair competition. Plaintiff Doran-Smith worked for Defendants as a credential trainer providing assistance to Defendants' clients in using healthcare-related software in or around Newport Beach, California during the applicable statute of limitations period. Plaintiff Brooks worked for Defendants as a trainer providing assistance to Defendants' clients in nursing healthcare-related software in or around Newport Beach, California during the applicable statute of limitations period. Eight Eleven Group, LLC, d/b/a Medasource, is an Indiana corporation that provides information technology support services in the healthcare and other industries across the U.S.[BN] The Plaintiffs are represented by: Joshua D. Buck, Esq. Leah L. Jones, Esq. THIERMAN BUCK LLP 325 W. Liberty Street Reno, NV 89501 Telephone: (775) 284-1500 E-mail: josh@thiermanbuck.com leah@thiermanbuck.com - and - Ryan F. Stephan, Esq. Andrew C. Ficzko, Esq. Lauren A. Warwick, Esq. STEPHAN ZOURAS, LLP 222 West Adams Street, Suite 2020 Chicago, IL 60606 Telephone: (312) 233-1550 E-mail: rstephan@stephanzouras.com aficzko@stephanzouras.com lwarwick@stephanzouras.com ELECTROSTIM MEDICA: Faces Hair Class Action Suit in M.D. Florida ---------------------------------------------------------------- A class action lawsuit has been filed against Electrostim Medical Services, Inc. The case is captioned as Hair v. Electrostim Medical Services, Inc., Case No. 6:24-cv-00082-RBD-RMN (M.D. Fla., Jan. 12, 2024). The nature of suit states Diversity-Personal Injury. The case is assigned to the Hon. Judge Roy B. Dalton, Jr. Electrostim offers medical devices.[BN] Plaintiff Kiva J. Hair, individually and on behalf of all others similarly situated, is represented by: Manuel Santiago Hiraldo, Esq. HIRALDO PA Suite 1400, 401 E Las Olas Boulevard Ft. Lauderdale, FL 33301 Telephone: (954) 400-4713 E-mail: mhiraldo@hiraldolaw.com - and - Jibrael S. Hindi, Esq. THE LAW OFFICES OF JIBRAEL S. HINDI Suite 1744, 110 S.E. 6th Street Fort Lauderdale, FL 33301 Telephone: (954) 907-1136 Facsimile: (855) 529-9540 E-mail: jibrael@jibraellaw.com EMMANUEL COLLEGE: Viviano Sues Over Unprotected Private Information ------------------------------------------------------------------- GRACE VIVIANO, individually and on behalf of all others similarly situated, Plaintiff v. EMMANUEL COLLEGE, Defendant, Case No. 1:24-cv-10373-LTS (D. Mass., February 15, 2024) arises from its failure to properly secure and safeguard the personally identifiable information that it collected and maintained as part of its regular business practices, asserting claims for negligence, breach of implied contract, and unjust enrichment in connection with the data breach and cyberattack incident. On or about January 31, 2024, Defendant began sending Plaintiff and other victims of the Data Breach a notice letter informing them that certain files containing personal information were removed from its network by unauthorized third parties on April 27, 2023. However, omitted from the notice letter were the date that Defendant detected the data breach, any explanation as to why Defendant failed to notify Plaintiff and Class members of the data breach for more than nine months after the cyberattack's occurrence, 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 suit. Emmanuel College is a Catholic, coeducational, residential, liberal arts and sciences college situated on 17 acres in the City of Boston's Fenway neighborhood. [BN] The Plaintiff is represented by: Randi Kassan, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 100 Garden City Plaza, Suite 500 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, Suite 440 Washington, D.C. 20015-2052 Telephone: (866) 252-0878 Facsimile: (202) 686-2877 E-mail: dlietz@milberg.com EMPRESS AMBULANCE: Settles Cybersecurity Class Suit for $1.05-M --------------------------------------------------------------- Steve Alder, writing for HIPAA Journal, reports that Empress Ambulance Service, an ambulance company that operates in many regions of New York as Empress EMS, has proposed a $1.05 million settlement to resolve claims it failed to implement appropriate cybersecurity safeguards to protect the sensitive data of patients. Empress EMS suffered a Hive ransomware attack in July 2022, in which files were encrypted and sensitive patient data was stolen. The Hive group published some of the data on its data leak site; however, Empress EMS paid the ransom, and the data was removed from the leak site. The forensic investigation confirmed the protected health information of 318,558 patients was compromised in the attack. Several lawsuits were filed in response to the data breach and a settlement has been proposed to resolve the claims, with no admission of wrongdoing by Empress EMS. Under the terms of the settlement, class members -- individuals who were notified about the data breach by Empress EMS -- are entitled to submit claims for up to $10,000 for reimbursement of documented expenses incurred as a result of the data breach, such as tax and credit expenses, identity theft damages, fraudulent charges, and professional fees. Alternatively, class members may choose to receive a cash payment, which will be paid pro rata after legal fees and claims have been deducted from the settlement fund. Should the claims exceed the total settlement, they will be paid pro rata and no cash payments will be made. The settlement also includes one year of credit monitoring and identity theft protection services, which include a $1 million identity theft insurance policy. The deadline for objection to or exclusion from the settlement is March 8, 2024, valid claims must be submitted by April 8, 2024, and the final approval hearing has been scheduled for April 3, 2024. {GN} ESTEE LAUDER: Faces Securities Suit Over SEC Disclosures -------------------------------------------------------- The Estée Lauder Companies Inc. disclosed in its Form 10-Q for the quarterly period ended December 31, 2023, filed with the Securities and Exchange Commission on February 5, 2024, that on December 7, 2023 the company and its Chief Executive Officer and Chief Financial Officer were named as defendants in a securities class action complaints filed in the United States District Court for the Southern District of New York. The complaint alleges that defendants made materially false and misleading statements during the period August 18, 2022 to May 2, 2023 in press releases, the company's public filings and during conference calls with analysts that artificially inflated the price of the company's stock. It alleges claims under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934. Motions for appointment as lead plaintiff and lead counsel are due on February 5, 2024. The Estée Lauder Companies Inc. is a worldwide manufacturer, marketer and seller of skin care, makeup, fragrance and hair care products. EUROPEAN AMERICAN: Vasquez Sues Over Unlawful Pay Practices ----------------------------------------------------------- ALFREDO VASQUEZ, on behalf of himself, individually, and all other persons similarly situated, Plaintiff v. EUROPEAN AMERICAN WASTE SERVICES INC. and FRANK OZPOLAT, Defendants, Case No. 2:24-cv-01216 (E.D.N.Y., February 15, 2024) seeks to recover unpaid minimum and overtime wages under 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 commenced his employment with Defendants in or about June 2019 as a truck driver helper. Plaintiff held this position until in or around the end of December 2021. Throughout Plaintiff's employment, Defendants frequently failed to compensate Plaintiff at least at the minimum wage for each hour worked, in violation of the NYLL. Among other things, Defendants also failed to pay him at the statutorily required overtime rate of one and one-half times his regular rate of pay, or one and one-half times the minimum wage rate, whichever is greater, for hours worked in excess of 40 hours in violation of the FLSA and NYLL, says the Plaintiff. Plaintiff Vasquez also assert claims for violations of the New York common law with respect to claims for unjust enrichment, quantum meruit, and breach of contract. Headquartered in Ronkonkoma, NY, European American Waste Services Inc. provides garbage collection and removal services. [BN] The Plaintiff is represented by: Matthew J. Farnworth, Esq. Peter A. Romero, Esq. ROMERO LAW GROUP PLLC 490 Wheeler Road, Suite 277 Hauppauge, NY 11788 Telephone: (631) 257-5588 EVERGREEN PACKAGING: Cabe et al. Sue Over Unpaid Overtime Wages --------------------------------------------------------------- JEFFERY CABE, SEAN FREY, ANITA POTEETE, RONDA ROHDE, ROBERT SNELL, JEFFREY MOORE and ELISA TINNELL, each individually and on behalf of all others similarly situated, Plaintiffs v. EVERGREEN PACKAGING LLC, DEFENDANTS and PACTIV EVERGREEN INC, Case No. 1:24-cv-01316 (N.D. Ill., February 15, 2024) seeks a declaratory judgment, monetary damages, liquidated damages, prejudgment interest, and a reasonable attorney's fee and costs as a result of Defendants' policy and practice of failing to pay proper overtime compensation under the Fair Labor Standards Act. One of the Plaintiffs, Jeffery Cabe, was employed by Defendants as an hourly-paid production worker in Defendants' Canton, North Carolina facility from July of 2021 to September of 2023. Allegedly, Defendants rounded hours worked by Plaintiffs and other production workers' hours in Defendants' favor by rounding down in approximately fifteen-minute increments. The Defendants' rounding practice resulted in hours worked by production workers which went unrecorded and uncompensated, say the Plaintiffs. Headquartered in Illinois, Evergreen Packaging LLC is a foreign limited liability company manufactures various beverage packaging, paper, and paperboard products. The company is part of Pactiv Evergreen Inc. [BN] The Plaintiffs are represented by: Josh Sanford, Esq. Sean Short, Esq. SANFORD LAW FIRM, PLLC Kirkpatrick Plaza 10800 Financial Centre Pkwy, Suite 510 Little Rock, AR 72211 Telephone: (501) 221-0088 Facsimile: (888) 787-2040 E-mail: josh@sanfordlawfirm.com sean@sanfordlawfirm.com EVIG LLC: Spivey Sues Over Mislabeled Dietary Supplements --------------------------------------------------------- WILLIAM SPIVEY, on behalf of himself and all others similarly situated, Plaintiff v. Evig LLC dba Balance of Nature and Douglas L. Howard, Defendants, Case No. 1:24-cv-00781 (N.D. Ill., Jan. 30, 2024) is a class action against the Defendants for violation of the Illinois Consumer Fraud Act due to illegal marketing of fruit and vegetable dietary supplement products -- Balance of Nature Fruits and Balance of Nature Vegetables -- under the Balance of Nature brand name. According to the complaint, the banner headline at the top of each label "real nutrition" is, at a minimum, a half-truth calculated to deceive consumers, as the amount of "real nutrition" in a combined daily dose of Balance of Nature Fruits and Veggies is so small as to be trivial and meaningless. The "real nutrition" banner on the front of each label imparts a concrete message to the reasonable consumer -- that by taking Balance of Nature they will obtain meaningful nutrition that will meaningfully supplement whatever shortfalls they may have in their daily intakes of fruits and vegetables. Also, on the back of the labels Defendants tell consumers on the Balance of Nature Fruits consumers are told that each product contains three blends each containing an amorphous combination of fruits or vegetables that Defendants call (1) a maintain blend (2) a fend blend and (3) a refresh blend. But nothing could be further from the truth, says the suit. Plaintiff Spivey subscribed to the purchase of the Balance of Nature products from Defendants online and paid for the products by credit card during a four-month period in the spring of 2021, after having seen Balance of Nature advertised on television and on Defendants' website. Evig LLC is an own-label distributor, sells and promotes products labeled as dietary supplements under the brand name Balance of Nature.[BN] The Plaintiff is represented by: Steven A. Hart, Esq. Stewart M. Weltman, Esq. Sean O'Malley, Esq. HART MCLAUGHLIN & ELDRIDGE One South Dearborn, Suite 1400 Chicago, IL 60603 Telephone: (312) 955-0545 E-mail: shart@hmelegal.com sweltman@hmelegal.com somally@hmelegal.com - and - Charles E. Schaffer, Esq. LEVIN SEDRAN & BERMAN LLP 510 Walnut St., Ste. 500 Philadelphia, PA 19106 Telephone: (215) 592-1500 E-mail: cschaffer@lfsblaw.com - and - Charles LaDuca, Esq. CUNEO GILBERT & LADUCA, LLP 4725 Wisconsin Ave., NW, Ste. 200 Washington, D.C. 20016 Telephone: (202) 789-3960 E-mail: charles@cuneolaw.com - and - Michael McShane, Esq. AUDET & PARTNERS LLP 711 Van Ness Ave., Ste. 500 San Francisco, CA 94102 Telephone: (415) 568-2555 E-mail: mmcshane@audetlaw.com FILM AT LINCOLN: Patino Sues Over Unlawful Ticket Fees ------------------------------------------------------ REGINA PATINO, individually and on behalf of all others similarly situated, Plaintiff v. FILM AT LINCOLN CENTER, INC., Defendant, Case No. 504682/2024 (N.Y. Sup., Kings Cty., February 15, 2024) alleges that Film at Lincoln Center, Inc. violated the New York Arts and Cultural Affairs Law. Between October 1, 2023 and October 7, 2023, the Plaintiff purchased five admission tickets to see various films at Defendant's theatres through Defendant's website, https://www.filmlinc.org/. However, the Defendant failed to disclose the total cost and fees of the ticket listing prior to the ticket being selected for purchase, says the suit. Headquartered in New York, NY, Film at Lincoln Center owns and operates the brick-and-mortar theatres throughout New York. [BN] The Plaintiff is represented by: Philip L. Fraietta, Esq. BURSOR & FISHER, P.A. 1330 Avenue of the Americas 32nd Floor New York, NY 10019 Telephone: (646) 837-7150 Facsimile: (212) 989-9163 E-mail: pfraietta@bursor.com - and - Stefan Bogdanovich, Esq. 1990 North California Blvd., Suite 940 Walnut Creek, CA 94596 Telephone: (925) 300-4455 Facsimile: (925) 407-2700 E-mail: sbogdanovich@bursor.com FRED LOYA INSURANCE: Ochoa Suit Removed to E.D. California ---------------------------------------------------------- The case captioned as Martha Ochoa, individually, and on behalf of other members of the general public similarly situated and on behalf of other aggrieved employees pursuant to the California Private Attorneys General Act v. FRED LOYA INSURANCE AGENCY, INC., a New Mexico corporation; and DOES 1 through 100, inclusive, Case No. 23CV-04437 was removed from the Superior Court of the State of California for the County of Merced, to the U.S. District Court for the Eastern District of California on Feb. 2, 2024, and assigned Case No. 1:24-cv-00151-BAM. In the Complaint, Plaintiff alleges eleven purported causes of action for: failure to pay overtime wages; failure to provide meal periods; failure to provide rest periods; failure to pay minimum wages; failure to timely pay wages upon termination; failure to timely pay wages during employment; failure to provide complete and accurate wage statements; failure to keep complete and accurate payroll records; failure to reimburse necessary business-related expenses and costs; unfair business practices in violation of California Business & Professions Code; and civil penalties under the Private Attorneys General Act, All in Violation of California Labor Code.[BN] The Defendants are represented by: Elizabeth A. Brown, Esq. Mario C. Ortega, Esq. GBG LLP 633 West 5th Street, Suite 1500 Los Angeles, CA 90071 Phone: (213) 358-2810 Facsimile: (213) 995-6382 Email: lisabrown@gbgllp.com marioortega@gbgllp.com FREDERICKSBURG FOOT: Faces Freeman Suit Over Breach of Contract --------------------------------------------------------------- A class action lawsuit has been filed against Fredericksburg Foot & Ankle Center PLC. The case is captioned as Freeman v. Fredericksburg Foot & Ankle Center PLC, Case No. (E.D. Va., Jan. 12, 2024). The nature of suit states Diversity-Breach of Contract. The case is assigned to the Hon. Judge M. Hannah Lauck. Fredericksburg provides advanced clinical and surgical treatment of foot and ankle problems.[BN] Plaintiff Kristen Freeman, on behalf of herself individually and on behalf of all others similarly situated, is represented by: Joseph Michael Langone, Esq. David Hilton Wise, Esq. William Nathaniel Evans, Esq. WISE LAW FIRM, PLC 10640 Page Ave, Suite 320 Fairfax, VA 22030 Telephone: (703) 934-6377 E-mail: jlangone@wiselaw.pro dwise@wiselaw.pro wevans@wiselaw.pro FRESH AMERICAN: Villaverde Sues Over Caller ID Rules Violations --------------------------------------------------------------- Amanda Villaverde, individually and on behalf of all others similarly situated v. FRESH AMERICAN, LLC, Case No. CACE-24-001597 (Fla. 17th Judicial Cir. Ct., Broward Cty., Feb. 5, 2024), is brought for injunctive and declaratory relief, and damages for violations Of the Caller ID Rules Of the Florida Telephone Solicitation Act ("FTSA"). Whenever a person either makes any type of Telephonic Sales Call or causes one to be made, that person must ensure that a telephone number is transmitted with that Telephonic Sales Call to the consumer's Caller ID service that is capable of receiving telephone calls. Whenever Telephonic Sales Call are made without the transmission of a telephone number that is capable of receiving telephone calls, the Caller ID Rules have been violated and the aggrieved party may bring an action for liquidated damages, and injunctive and declaratory relief. In direct contravention of the Caller ID Rules, however, many callers, such as Defendant, make Telephonic Sales Calls a central part of their marketing strategy, and in doing so, intentionally transmit telephone numbers to recipient's Caller ID services that are not capable of receiving telephone calls. As such, Plaintiff, brings this action alleging that Defendant violated the FTSA's Caller ID Rules by transmitting a phone number that was not capable Of receiving phone calls when it made Telephonic Sales Calls by text message ("Text Message Sales Calls"). Specifically, the Defendant made Text Message Sales Calls that promoted Baked by Melissa ("Baked by Melissa Text Message Sales Calls") 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. The Plaintiff, individually and on behalf of a class of persons similarly situated, further seeks injunctive relief to ensure Defendant complies with the Caller ID Rules when it makes Baked by Melissa Text Message Sales Calls, says the complaint. The Plaintiff is the regular user of a cellular telephone number that receives Defendant's telephonic sales calls ("Plaintiffs Cell Phone"), and Plaintiff resides in Broward County, Florida. The Defendant is Foreign Limited Liability Company, which sells various goods to persons throughout the country 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 Phone: (202) 709-5744 Fax: (866) 893-0416 Email: josh@sjlawcollective.com shawn@sjlawcollective.com FS SAN FRANCISCO: Thapa Files Suit in Cal. Super. Ct. ----------------------------------------------------- A class action lawsuit has been filed against FS San Francisco Employment Inc., et al. The case is styled as Raju Thapa, an individual, on behalf of himself and others similarly situated v. Lowe's Home Centers, LLC, Four Seasons Hotels Limited, Four Seasons Resort Club Management, Inc., Case No. CGC24612058 (Cal. Super. Ct., San Francisco Cty., Feb. 1, 2024). The case type is stated as "Other Non-Exempt Complaints." Four Seasons Hotel San Francisco -- https://www.fourseasons.com/sanfrancisco/ -- offers luxury accommodations and more in the heart of the city, just steps from Bay Area attractions, SoMa & Union Square.[BN] The Plaintiff is represented by: Alvin B. Lindsay, Esq. DAVID YEREMIAN & ASSOCIATES, INC. 2540 Foothill Blvd., Ste. 201 La Crescenta, CA 91214-4583 Phone: 818-230-8380 Fax: 818-230-0308 Email: alvin@yeremianlaw.com Website: www.yeremianlaw.com FUJIFILM NORTH: Court Summarily Dismissed X-Pro3 Class Suit ----------------------------------------------------------- Threaded of Digital Photograph Review reports that this came up somewhere else but I thought it might be worth it's own thread - back in November 2022 there was a LOT of coverage of a class action lawsuit filed against Fuji over the X-Pro3 screen cable issue. A number of sites reported this as some kind of hammer blow to Fuji and the XP3 in particular, and it was frequently portrayed as a big legal case likely to involve countless numbers of unhappy XP3 owners. What's not been so widely reported is that the case was summarily dismissed last month - https://cases.justia.com/federal/district-courts/new-york/nysdce/7:2022cv09720/589488/23/0.pdf Honestly this isn't surprising if you actually read the "lawsuit" at the time. There was only ever one individual plaintiff involved, and their claim basically boiled down to a few (and I mean a few) screenshots of complaints on forums, and a claim of false advertising on the basis that Fuji had advertised the camera as durable (specifically referring to the titanium) and yet one of its components had failed. Clearly it's not reasonable to suggest that any device can ever be made so perfectly that no component ever fails, or that an advertising claim about the durability of titanium would also cover internal components, so - case dismissed. There clearly has been a problem with the screen cables on X-Pro3s - whether it's a design flaw, component issue or manufacturing problem nobody outside of Fuji can say, and nor does anyone really know just how many cameras have been affected. Maybe there will be another more successful lawsuit some time. But for the record, this one wasn't it, and as of right now there is no class action pending against Fuji for the X-Pro3. [GN] GENERAL ELECTRIC: Securities Suits Over Stock Purchase Ongoing -------------------------------------------------------------- General Electric Company (GE) disclosed in its Form 8-K for January 8, 2024, filed with the Securities and Exchange Commission on January 12, 2024, that since November 2017, several putative shareholder class actions under the federal securities laws were filed against GE and certain affiliated individuals and consolidated into a single action currently pending in the U.S. District Court for the Southern District of New York (the Hachem case, also referred to as the Sjunde AP-Fonden case). The complaint against defendants GE and current and former GE executive officers alleged violations of Sections 10(b) and 20(a) and Rule 10b-5 of the Securities Exchange Act of 1934 related to insurance reserves and accounting for long-term service agreements and seeks damages on behalf of shareholders who acquired GE stock between February 27, 2013 and January 23, 2018. GE filed a motion to dismiss in December 2019. In January 2021, the court granted the motion to dismiss as to the majority of the claims. Specifically, the court dismissed all claims related to insurance reserves, as well as all claims related to accounting for long-term service agreements, with the exception of certain claims about historic disclosures related to factoring in the Power business that survive as to GE and its former CFO Jeffrey S. Bornstein. All other individual defendants have been dismissed from the case. In April 2022, the court granted the plaintiffs' motion for class certification for shareholders who acquired stock between February 26, 2016 and January 23, 2018. In September 2022, GE filed a motion for summary judgment on the plaintiffs' remaining claims. In September 2023, the court denied GE's motion for summary judgment, except as to claims arising from disclosures made between November 2017 and January 2018. General Electric Company is a high-tech industrial company that today operates worldwide through three segments: Aerospace, Renewable Energy, and Power. Its products include commercial and military aircraft engines and systems; wind and other renewable energy generation equipment and grid solutions; and gas, steam, nuclear and other power generation equipment. GEROGIA: Taylor Seeks to Certify Parole-Eligible Inmate Class ------------------------------------------------------------- In the class action lawsuit captioned as William M. Taylor, and all Georgia State Inmates similarly situated, v. Terry E. Barnard, Chairman, et al., members of the State Board of Pardons and Paroles, Case No. 1:23-cv-04230-TCB (N.D. Ga.), Taylor seeks to certify class action on behalf of all parole-eligible life sentence inmates with 30+ years' time served. Previously the numbered at 918 in Plaintiff's Complaint, the number of such parole-eligible life sentence inmates had increased to 994 on Jan. 1, 2024, the Plaintiff says. State Board of Pardons and Paroles grants paroles, pardons, reprieves, remissions, and commutations. A copy of the Plaintiff's motion dated Jan. 29, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=yp2JVE at no extra charge.[CC] GIUMARRA VINEYARDS: Herrera Files Suit in Cal. Super. Ct. --------------------------------------------------------- A class action lawsuit has been filed against Giumarra Vineyards Corporation, et al. The case is styled as Montero Herrera, on behalf of all others similarly situated v. Giumarra Vineyards Corporation, M. Cisneros Inc., Case No. BCV-24-100483 (Cal. Super. Ct., Kern Cty., Feb. 13, 2024). The case type is stated as "Other Employment - Civil Unlimited." Giumarra Vineyards Corporation -- http://www.giumarravineyards.com/ -- is a family-owned and operated grower, packer and shipper of premium California Table Grapes, headquartered in Bakersfield, California.[BN] The Plaintiffs are represented by: Farrah Mirabel, Esq. LAW OFFICE FARRAH MIRABEL 1070 Stradella Rd, Los Angeles, CA 90077 Phone: 714-972-0707 Fax: 949-417-1796 Email: fmesq@fmirabel.com GOTHIC GROUNDS: Diaz Sues Over Wage and Hour Law Violations ----------------------------------------------------------- NATANAEL DIAZ, individually, and on behalf of other members of the general public similarly situated and on behalf of other aggrieved employees pursuant to the California Private Attorneys General Act v. GOTHIC GROUNDS MANAGEMENT, INC., a California corporation; GOTHIC LANDSCAPING, INC., a California corporation; GOTHIC LANDSCAPE, INC., an unknown business entity; and DOES 1 through 100, inclusive, Case No. 24STCV03829 (Cal. Sup., Los Angeles Cty., February 14, 2024) accuses the Defendants of violating the California Labor Code. The Plaintiff was employed by Defendants as an hourly-paid, non-exempt employee from December 2021 to September 2023 in the state of California, county of Los Angeles. Throughout his employment with Defendant, Plaintiff was not properly compensated for all hours worked, including overtime pay and missed meal periods and/or rest breaks. The Plaintiff claims that Defendants violated the California Labor Code by engaging in a pattern and practice of wage abuse against their hourly-paid or non-exempt employees within the state. Gothic Grounds Management, Inc. offers commercial landscaping services, with offices in California, Nevada, and Arizona. [BN] The Plaintiff is represented by: Arby Aiwazian, Esq. LAWYERS for JUSTICE, PC 410 West Arden Avenue, Suite 203 Glendale, CA 91203 Telephone: (818) 265-1020 Facsimile: (818) 265-1021 E-mail: aa@calljustice.com HANOVER INSURANCE: Lancaster Sues Over Unlawful Debt Collection --------------------------------------------------------------- BRIANNA LANCASTER, individually and on behalf of all those similarly situated v. THE HANOVER INSURANCE GROUP, INC., Defendant, Case No. 24-000772-CI (Fla. Cir., 6th Judicial, Pinellas Cty., February 15, 2024) accuses the Defendant of violating the Florida Consumer Collection Practices Act. On January 19, 2024, Defendant sent an electronic mail communication to Plaintiff in connection with the collection of the consumer debt. However, the communication was sent by Defendant to Plaintiff at 7:29 AM in Plaintiff's time zone, says the suit. Headquartered in Worcester, MA, The Hanover Insurance Group, Inc. provides automobile, home, and business insurance services. [BN] The Plaintiff is represented by: Jibrael S. Hindi, Esq. Jennifer G. Simil, Esq. Zane C. Hedaya, Esq. THE LAW OFFICES OF JIBRAEL S. HINDI 110 SE 6th Street, Suite 1744 Fort Lauderdale, FL 33301 Telephone: (954) 907-1136 E-mail: jibrael@jibraellaw.com jen@jibraellaw.com zane@jibraellaw.com HEALTHEC LLC: Faces Black Class Action Lawsuit in D. New Jersey --------------------------------------------------------------- A class action lawsuit has been filed against HEALTHEC, LLC et al. The case is captioned as BLACK v. HEALTHEC, LLC et al., Case No. 2:24-cv-00232-JKS-ESK (D.N.J., Jan. 12, 2024). The nature of suit states Diversity-Property Damage. The case is assigned to the Hon. Judge Jamel K. Semper. HealthEC operates as a population health management company.[BN] Plaintiff Lawrence Terrell Black, Jr. individually and on behalf of all others similarly situated, is represented by: James E. Cecchi, Esq. CARELLA BYRNE CECCHI BRODY & AGNELLO, P.C. 5 Becker Farm Road Roseland, NJ 07068 Telephone: (973) 994-1700 Facsimile: (973) 994-1744 E-mail: jcecchi@carellabyrne.com HOME DEPOT: Barulich Seeks Damages for Alleged CIPA Violations -------------------------------------------------------------- CHRISTOPHER BARULICH, individually and on behalf of all others similarly situated v. THE HOME DEPOT, INC., a Delaware corporation, and GOOGLE, LLC., a Delaware limited liability company, Case No. 2:24-cv-01253 (C.D. Cal., Feb. 14, 2024) accuses the Defendants of violating the California Invasion of Privacy Act. The Plaintiff brings this action on behalf of himself and other California residents who contacted Home Depot customer service and had their privacy violated when the company allowed Google to record the contents of their calls. Since 2021 or earlier, Defendant Home Depot has been using Google's CCAI technology to monitor and analyze all of its customer service calls. Conversations between the callers and Home Depot customer service agents have been recorded without authorization from the callers, in violation of the CIPA, says the Plaintiff. Home Depot is an American multinational home improvement retail corporation with headquarters in Atlanta, GA. [BN] The Plaintiff is represented by: Nicholas C. Soltman, Esq. KINSELLA HOLLEY ISER KUMP STEINSAPIR LLP 11766 Wilshire Blvd. Suite 750 Los Angeles, CA 90025 Telephone: (310) 566-9800 Facsimile: (310) 566-9886 E-mail: nsoltman@khiks.com - and – Anthony G. Simon, Esq. Jeremiah W. Nixon, Esq. THE SIMON LAW FIRM, P.C. 800 Market Street, Suite 1700 St. Louis, MO 63101 Telephone: (314) 241-2929 Facsimile: (314) 241-2029 E-mail: asimon@simonlawpc.com jnixon@simonlawpc.com HOME DEPOT: Khosrovian Suit Removed From Sup. Ct. to C.D. Cal. -------------------------------------------------------------- A class action lawsuit has been filed against The Home Depot, Inc. et al. The class action lawsuit captioned as Edwin Khosrovian et al., v. The Home Depot, Inc. et al., Case No. 23STCV30007 was removed from the Los Angeles Superior Court to the United States District Court for the Central District of California on Jan. 11, 2024. The California Central District Court Clerk assigned Case No. 2:24-cv-00282-HDV-E to the proceeding. The nature of suit states Contract. The case is assigned to the Hon. Judge Hernan D. Vera. Home Depot is an American multinational home improvement retail corporation that sells tools, construction products, appliances, and services, including fuel and transportation rentals.[BN] The Plaintiffs are represented by: Christopher Eric Stiner, Esq. Deborah Marie D. De Villa, Esq. Robert Ahdoot, Esq. Tina Wolfson, Esq. AHDOOT AND WOLFSON PC 2600 West Olive Avenue Suite 500 Burbank, CA 91505 Telephone: (310) 474-9111 Facsimile: (310) 474-8585 E-mail: cstiner@ahdootwolfson.com ddevilla@ahdootwolfson.com rahdoot@ahdootwolfson.com twolfson@ahdootwolfson.com The Defendants are represented by: Cari K. Dawson, Esq. Jonathan D. Parente, Esq. Kathy J. Huang, Esq. ALSTON AND BIRD LLP 1201 West Peachtree Street, Suite 4900 Atlanta, GA 30309 Telephone: (404) 881-7766 Facsimile: (404) 881-7777 E-mail: cari.dawson@alston.com jonathan.parente@alston.com kathy.huang@alston.com HONEYWELL INT'L: Seeks More Time to Respond to Class Cert Bid ------------------------------------------------------------- In the class action lawsuit captioned as ROGER STEWARD, SAUNDRA STEWARD, CLYDE SCHMIDT, JOAN SCHMIDT, TIM BECK, CHARLOTTE BECK, RANDY LANGFORD, BRENDA LANGFORD, TODD FAULKNER, AND KIM FAULKNER, Illinois residents, on behalf of themselves individually and all others similarly situated, v. HONEYWELL INTERNATIONAL, INC. a Delaware corporation, individually and as successor-in-interest to Allied-Signal, Inc., Case No. 3:18-cv-01124-SMY (S.D. Ill.), Honeywell requests that the Court extend its deadline to file its Class Opposition until April 15, 2024. The Plaintiffs claim that: -- Their expert William Auberle's air modeling demonstrates that "processed uranium particles would have been distributed throughout the Class Area,"; -- Dr. Kaltofen's analysis shows that 95% of samples that show contamination from the Plant fall within the Class Area,"; -- Their expert Dr. Phillip Plato's dose calculations show that "approximately 50% of the soil and dust throughout Metropolis had a dose rate above the 25 mRem limit"; and -- Their remediation expert Dr. Marc Glass will testify that remediation must "be applied commonly to the Class Area." While Honeywell anticipates that it will challenge the reliability of some of the Plaintiffs' class certification experts' opinions in its Class Opposition, the experts' deposition testimony will be crucial to those determinations. The Parties filed a consent motion to amend the scheduling order on November 22, 2023, which proposed a deadline for Honeywell's Class Opposition of April 15, 2024. Honeywell is an American publicly traded, multinational conglomerate corporation. A copy of the Defendant's motion dated Jan. 29, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=7aSyv6 at no extra charge.[CC] The Defendant is represented by: Lauren C. Daniel, Esq. Michael D. Daneker, Esq. ARNOLD & PORTER KAYE SCHOLER LLP 601 Massachusetts Ave, NW Washington, DC 20001 Telephone: (202) 942-5000 E-mail: Lauren.Daniel@arnoldporter.com Michael.Daneker@arnoldporter.com - and - John E. Galvin, Esq. THOMPSON COBURN LLP One US Bank Plaza St. Louis, MO 63101 Telephone: (314) 552-6000 E-mail: jgalvin@thompsoncoburn.com HSBC BANK: Conditional Certification of FLSA Claims Partly OK'd --------------------------------------------------------------- In the class action lawsuit captioned as KELLY NI, JERRY GARCIA, and KEVONI HEYRANIAN, on her own behalf of themselves and on behalf of others similarly situated, v. HSBC BANK USA, N.A., Case No. 1:23-cv-00309-AS-KHP (S.D.N.Y.), the Hon. Judge Katharine H. Parker entered an order granting in part and denying in part Plaintiff's motion for conditional certification of the FLSA claims. The Court conditionally certifies a collective of Personal Bankers for the period January 13, 2020 through February 22, 2022. The parties shall submit a revised proposed notice to the putative collective by no later than Feb. 11, 2024, consistent with the guidance provided in this Opinion and Order. The Plaintiff Kelly Ni, individually and on behalf of others similarly situated, brings this action against HSBC for alleged violations of the Fair Labor Standards Act ("FLSA"), and the New York Labor Law ("NYLL"). The Plaintiff has moved for "conditional certification" of the FLSA claims as a nationwide collective action and for leave to disseminate notice to the putative FLSA collective, pursuant to 29 U.S.C. section. 216(b). She seeks to include Personal Bankers and Tellers in the collective. In connection with the motion, Plaintiff has proposed a form of notice to send to the putative collective and asks the Court to compel Defendant to produce a list of all employees in the collective that includes their names, titles, compensation rates, dates of employment, last known mailing address, email address and telephone numbers. Plaintiff moves for an opt-in period of 90 days and asks that the statute of limitations for the potential opt-in Plaintiffs be equitably tolled as of the date of the filing of the Compliant until the opt-in period to this action expires. The Plaintiff Ni worked for Defendant in New York City as a Personal Banker from on or about October 7, 2019 to March 15, 2021. HSBC provides banking services. A copy of the Court's opinion & order dated Jan. 29, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=YpmHdB at no extra charge.[CC] INMODE LTD: Faces Cement Masons Securities Fraud Suit ----------------------------------------------------- CEMENT MASONS' AND PLASTERERS' LOCAL NO. 502 PENSION FUND, on behalf of itself and all others similarly situated v. INMODE LTD., MOSHE MIZRAHY, YAIR MALCA, SHAKIL LAKHANI, and SPERO THEODOROU, Case No. 2:24-cv-01219 (C.D. Cal., February 14, 2024) is a class action arising from the0 Defendants' alleged violations of the Securities Exchange Act of 1934. The Plaintiff brings this securities fraud class action on behalf of purchasers of InMode common stock between June 4, 2021 and October 12, 2023. Plaintiff claims that Defendants engaged in material misrepresentations and omissions in connection with the price at which InMode sold its devices, as well as InMode's compliance with U.S. Food and Drug Administration regulations. Headquartered in Yokneam, Israel, InMode is a global provider of aesthetic medical devices and technology. [BN] The Plaintiff is represented by: Jonathan D. Uslaner, Esq. BERNSTEIN LITOWITZ BERGER & GROSSMANN LLP 2121 Avenue of the Stars, Suite 2575 Los Angeles, CA 90067 Telephone: (310) 819-3470 E-mail: jonathanu@blbglaw.com - and – Avi Josefson, Esq. Scott R. Foglietta, Esq. BERNSTEIN LITOWITZ BERGER & GROSSMANN LLP 1251 Avenue of the Americas New York, NY 10020 Telephone: (212) 554-1400 Facsimile: (212) 554-1444 E-mail: avi@blbglaw.com scott.foglietta@blbglaw.com INNOVAGE HOLDING: Court Narrows Claims in Securities Class Suit --------------------------------------------------------------- InnovAge Holding Corp. disclosed in its Form 10-Q report the quarterly period ended December 31, 2023, filed with the Securities and Exchange Commission on February 6, 2024, that on December 22, 2023, the District Court for the District of Colorado granted in part and denied in part the motion to dismiss a putative class action complaint filed on behalf of individuals who purchased or acquired shares of the company's common stock during a specified period. On June 28, 2023, upon stipulation of the parties, entered an order staying a litigation pending the resolution of a motion to dismiss in the securities action or upon fifteen days' notice by any party to the litigation. On October 14, 2021, and subsequently amended on June 21, 2022, the company was named as a defendant in said putative class action. Through the complaint, plaintiffs are asserting claims against the company, certain of its officers and directors, Apax Partners, L.P., Welsh, Carson, Anderson & Stowe and the underwriters in the company's IPO, alleging violations of Sections 11, 12(a)(2) and 15 of the Securities Act of 1933 and Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 for making allegedly inaccurate and misleading statements and omissions in connection with the IPO and subsequent earnings calls and public filings, and seeking compensatory damages, among other things. On September 13, 2022, the company and the officer and director defendants and Apax Partners, L.P. and Welsh, Carson, Anderson & Stowe filed a motion to dismiss the amended complaint for failure to state a claim upon which relief can be granted. On April 20, 2022, the Board of Directors of the company received a books and records demand pursuant to Section 220 of the Delaware General Corporation Law, from a purported stockholder of the company, Brian Hall, in connection with the stockholder's investigation of, among other matters, potential breaches of fiduciary duty, mismanagement, self-dealing, corporate waste or other violations of law by the company's Board with respect to these matters. On May 15, 2023, Hall filed a lawsuit in the Delaware Court of Chancery asserting derivative claims for breach of fiduciary duty against certain of the company's current and former officers and directors generally relating to alleged failures by the defendants to take remedial actions to address the matters that resulted in sanctions by CMS at certain of the company's centers, and alleged misstatements in the company's public filings relating to those matters. On September 13, 2022, the company and the officer and director defendants and Apax Partners, L.P. and Welsh, Carson, Anderson & Stowe filed a motion to dismiss the amended complaint for failure to state a claim upon which relief can be granted. InnovAge Holding Corp. and its subsidiaries provides a broad range of medical and ancillary services for seniors in need of care and support to safely live independently in their communities, including in-center services such as primary care, physical therapy, occupational therapy, speech therapy, dental services, mental health and psychiatric services, meals, and activities; transportation to the Program of All-Inclusive Care for the Elderly center and third-party medical appointments; and care management. INQUISITHEALTH INC: McIntosh Files Labor Class Action ----------------------------------------------------- SHARI McINTOSH, KELLIE WALKER, TIFFANY DELOATCH AND ARIEL FLICKER, individually and on behalf of all others similarly situated, Plaintiffs v. INQUISITHEALTH, INC., PYX HEALTH, INC. and DR. ASHWIN PATEL, Defendants, Case No. 2:24-cv-00551 (D.N.J., Jan. 30, 2024) is a collective and class action brought by the Representative Plaintiffs, on their own behalf and on behalf of the proposed collective and classes, due to Defendants' common, unlawful practice of misclassifying non-exempt employees as independent contractors in violation of the Fair Labor Standards Act, the New Jersey Wage and Hour Law, the New Jersey Wage Payment Law, the New Jersey WARN Act, the New York Labor Law, the North Carolina General Statutes, and the Oregon Revised Statutes. According to the complaint, the Defendants' common, unlawful practice of misclassifying non-exempt employees as independent contractors resulted to Plaintiffs not being compensated for all compensable time that they worked, and not being paid for overtime premiums. The Defendants also failed to comply with multiple obligations to their employees that are governed by state laws. In addition, when Defendants terminated the employment of most of the Plaintiffs, on November 30, 2023, or within ninety days of that date, they failed to comply with their obligations to provide the notice and severance under the New Jersey WARN Act. Plaintiff Walker was employed by Defendants from August 2021 until she was involuntarily terminated on December 12, 2023. The Plaintiffs were employed by the Defendants in hourly paid positions, including "Peer Navigator," "Outreach Coordinator," "Operations Coordinator" and positions with similar titles. The Defendants' primary business is to provide "peer mentoring" services to individuals who are experiencing health issues, especially chronic health conditions.[BN] The Plaintiffs are represented by: Nicholas Bittner, Esq. Brendan Sweeney, Esq. Christopher Q. Davis, Esq. THE LAW OFFICE OF CHRISTOPHER Q. DAVIS, PLLC 80 Broad Street, Suite 703 New York, NY 10004 Telephone: (646) 430-7930 INTEGRIS HEALTH: Carpenter Files Suit in Okla. Dist. Ct. -------------------------------------------------------- A class action lawsuit has been filed against Integris Health, Inc. The case is styled as David M. Carpenter, on behalf of himself and on behalf of all others similarly situated v Integris Health, Inc., Case No. CJ-2024-686 (Okla. Dist. Ct., Oklahoma Cty., Feb. 1, 2024). The case type is stated as "Civil relief more than $10,000: CLASS ACTION." Integris Health -- https://integrisok.com/ -- is an American 501 not-for-profit organization which manages health care facilities in the state of Oklahoma.[BN] JOHNSON CONTROLS: Fails to Pay Backlogged Commissions, Novin Claims ------------------------------------------------------------------- DANIEL NOVIN, STEWART SWANDER, TIMOTHY BUTLER, REID BEGNOCHE, DUSTIN BROWN, and JEFFREY ERKER, on behalf of themselves individually and all other similarly situated employees v. JOHNSON CONTROLS, INC., Case No. (E.D. Wis., Jan. 12, 2024) is a class action brought by the Plaintiffs in their individual capacities and on behalf of a class of similarly situated salespersons employed by Johnson Controls in connection with a new incentive plan that robs the Named Plaintiffs and the class of millions of dollars of incentives and commissions that Johnson Controls had previously agreed to pay them for contracts that the Named Plaintiffs procured and closed. In November 2023, Johnson Controls announced that, though it was going to continue servicing the contracts and working on the projects under which billions of dollars in backlogs were due, and though it was planning on accepting payment from its customers for the billions of dollars in backlog that are owed, Johnson Controls was reneging on its promise to pay the Named Plaintiffs (and others similarly-situated) the incentives and commissions that made up the Named Plaintiffs' backlogs. Inexplicably, Johnson Controls removed the grandfathering provision that ensured a basic fairness in the commission structure under which the Named Plaintiffs and Johnson Controls operated. Johnson Controls will assuredly attempt to hold its customers to the project and service agreements that they signed, and the customers will continue to pay Johnson Controls billions of dollars in backlog that Johnson Controls and its shareholders will benefit from. In November 2023, Johnson Controls announced the sales incentive compensation plan for FY24. The FY24 Plan was retroactive to October 1, 2023. However, because of the new FY24 incentive plan, the Named Plaintiffs—the salespersons who procured and closed the contracts at issue, and who earned the incentive or commission attached to those contracts—will see none of their accrued backlog. Their financial futures are now in jeopardy. By eliminating the backlog and wiping out the incentives that the Named Plaintiffs had accrued under past incentive and commission plans, Johnson Controls has acted in bad faith and in violation of the implied covenant of good faith and fair dealing that is binding on both parties to the contract, the Plaintiffs assert. The Named Plaintiffs have, in good faith, performed their obligations under the employment contracts that they have with Johnson Controls. Accordingly, the Named Plaintiffs bring the various claims below—as individuals and on behalf of their fellow salespersons—to recover the millions of dollars of damage to them and their similarly-situated salespersons that Johnson Controls has caused. Plaintiff Daniel Novin is employed as an Account Executive by Johnson Controls, a position he has held since 2011. Johnson Controls is the United States-based subsidiary of Johnson Controls International, Inc.[BN] The Plaintiffs are represented by: Summer H. Murshid, Esq. Larry A. Johnson, Esq. HAWKS QUINDEL S.C. 5150 North Port Washington Road, Suite 243 Milwaukee, WI 53217 Telephone: (414) 271-8650 Facsimile: (414) 207-6079 E-mail: smushid@hq-law.com ljohnson@hq-law.com - and - John J. Ziegelmeyer III, Esq. Brad K. Thoenen, Esq. Kevin A. Todd, Esq. HKM EMPLOYMENT ATTORNEYS LLP 1501 Westport Road Kansas City, MO 64111 Telephone: (816) 875-9339 E-mail: jziegelmeyer@hkm.com bthoenen@hkm.com ktodd@hkm.com KARP SCARSDALE: Foreste Seeks Unpaid Wages for Labor Law Breaches ----------------------------------------------------------------- LILINE FORESTE, on behalf of herself and others similarly situated v. KARP SCARSDALE, LLC d/b/a THE AMBASSADOR OF SCARSDALE, and AMBA SHARMA, Case No. 7:24-cv-01089 (S.D.N.Y., February 14, 2024) seeks unpaid wages and damages for Defendants' alleged violations of the Fair Labor Standards Act and the New York Labor Law. On or about January 6, 2023, Plaintiff was employed by Defendants as a housekeeper at The Ambassador Facility located at 9 Saxton Woods Road, White Plains, NY 106605. Defendants terminated Plaintiff's employment on September 14, 2023. Throughout her employment, the Plaintiff was not paid for all hours worked and was unable to take a free and proper meal break as she was interrupted and requested to work on an as-needed basis. Yet, her work hours were still automatically deducted by thirty minutes by Defendants for the meal breaks. Additionally, Defendants failed to pay Plaintiff and class members overtime wages for hours worked more than 40 hours due to time shaving. According to the suit, such practices are in violation of the FLSA and the NYLL. KARP SCARDALE, LLC owns and operates The Ambassador assisted living facility at 9 Saxon Woods Road, White Plains, NY 10605. [BN] The Plaintiff is represented by: C.K. Lee, Esq. Anne Seelig, Esq. LEE LITIGATION GROUP, PLLC 148 West 24th Street, 8th Floor New York, NY 10011 Telephone: (212) 465-1188 Facsimile: (212) 465-1181 KAY IVEY: Prelim. Injunction Hearing Reset to March 15 ------------------------------------------------------ In the class action lawsuit captioned as Robert Earl Council, et al., v. Kay Ivey, et al., Case No. 2:23-cv-00712 (M.D. Ala., Filed Dec. 12, 2023), the Hon. Judge entered an order extending deadline to file reply as a motion to extend the reply brief deadline for the Plaintiffs motion for preliminary injunction and provisional class certification. -- The reply brief deadline is now: Feb. 7, 2024 -- The court resets the preliminary injunction hearing, which was previously set for Feb. 8, 2024, to March 15, 2024. The nature of suit states Prisoner Civil Rights.[CC] KEENAN & ASSOCIATES: Sargent Sues Over Unprotected Personal Info ---------------------------------------------------------------- MELINDA SARGENT, individually and on behalf of all others similarly situated, Plaintiff v. KEENAN & ASSOCIATES, a California Corporation, Defendant, Case No. 8:24-cv-00260-DDP-ADS (C.D. Cal., Feb. 7, 2024) is a class action against Defendant for its failure to properly secure and safeguard personally identifiable information including, but not limited to, Plaintiff and Class Members' name, date of birth, Social Security numbers, passport numbers, driver's license numbers, health insurance information, and general health information. On August 27, 2023, the Defendant discovered certain disruption occurring on some of its network servers. After an investigation, Defendant determined that unauthorized third-parties were able to access to Defendant's systems between August 21, 2023 and August 27, 2023 and obtained files including Plaintiff and Class Members' private information. According to the complaint, despite its duties to Plaintiff and Class Members, Defendant stored their private information on a database that was negligently and/or recklessly configured. In particular, the private information was maintained on a database that was not password protected and therefore accessible to any member of the public. 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 it collected and maintained, and for failing to provide adequate notice to Plaintiff and other Class Members that their information had been accessed and potentially stolen by criminals and listed for sale on the dark web. Keenan & Associates is an insurance brokerage company that provides insurance-related risk management and claims services throughout California and to clients across the U.S.[BN] The Plaintiff is represented by: Joseph M. Lyon, Esq. THE LYON FIRM 2754 Erie Avenue Cincinnati, OH 45208 Telephone: (513) 381-2333 Facsimile: (513) 766-9011 E-mail: jlyon@thelyonfirm.com KEENAN PRODUCTION: Rutledge Files Suit in C.D. California --------------------------------------------------------- A class action lawsuit has been filed against Keenan Production Solutions, LLC. The case is styled as Matthew Rutledge, individually and on behalf of all others similarly situated v. Keenan Production Solutions, LLC, Case No. 5:24-cv-00263-MCS-DTB (C.D. Cal., Feb. 2, 2024). The nature if suit is stated as Other P.I. for Personal Injury. Keenan -- https://www.keenan.com/ -- provides innovative insurance and financial solutions for schools, public agencies and health care organizations.[BN] The Plaintiff is represented by: Jonathan Shub, Esq. Benjamin F. Johns, Esq. SHUB AND JOHNS LLC Four Tower Bridge 200 Barr Harbor Drive, Suite 400 West Conshohocken, PA 19428 Phone: (610) 477-8380 Email: jshub@shublawyers.com bjohns@shublawyers.com KETTLE & FIRE: Karim Files ADA Suit in S.D. New York ---------------------------------------------------- A class action lawsuit has been filed against Kettle & Fire, Inc. The case is styled as Jessica Karim, on behalf of herself and all others similarly situated v. Kettle & Fire, Inc., Case No. 1:24-cv-01050 (S.D.N.Y., Feb. 13, 2024). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Baths of Distinction Inc. -- https://www.bathsofdistinction.com/ -- designs and manufactures superior quality clawfoot and pedestal bath tubs and accessories for homeowners and industry professionals.[BN] The Plaintiff is represented by: Gabriel Levy, Esq. GABRIEL A. LEVY, P.C. 1129 Northern Blvd., Suite 404 Manhasset, NY 11030 Phone: (516) 287-3458 Email: glevy@glpcfirm.com KIDDER MATHEWS: Tehrani Sues Over Unlawful Pre-Recorded Calls ------------------------------------------------------------- Payam Tehrani, individually and on behalf of all others similarly situated v. KIDDER MATHEWS OF CALIFORNIA, INC., a California corporation, Case No. 3:24-cv-00619 (N.D. Cal., Feb. 2, 2024), is brought against the Defendant to stop the Defendant from violating the Telephone Consumer Protection Act ("TCPA") by placing pre-recorded calls without consent to cellular telephone numbers that are registered on the National Do Not Call Registry ("DNC"). The Defendants' employees place cold calls to generate business for its commercial real estate services. As part of that cold calling, The Defendants' employees leave pre-recorded telemarketing voicemails to consumers. Consumers have reported pre-recorded calls/voicemails they received from Kidder Mathews online from the same phone number (949) 669-2897 that Kidder Mathews used to call the Plaintiff. The Defendant's employees do not obtain the appropriate consent before placing pre-recorded solicitation calls to cell phone numbers like the Plaintiff in this case. In addition, the Defendant's employees place unsolicited calls to consumers like the Plaintiff who registered their phone numbers on the DNC. In response to these calls, the Plaintiff brings this case seeking injunctive relief requiring the Defendant to cease from violating the TCPA, and an award of statutory damages to the members of the Classes and costs, says the complaint. The Plaintiff received an unsolicited call to his cell phone from the Defendant. Kidder Mathews of California, Inc. provides commercial real estate services throughout California.[BN] The Plaintiff is represented by: Rachel E. Kaufman, Esq. KAUFMAN P.A. 237 S Dixie Hwy, 4th Floor Coral Gables, FL 33133 Phone: (305) 469-5881 Email: rachel@kaufmanpa.com KNIGHT BARRY: Raner Sues Over Alleged Data Breach ------------------------------------------------- Brenda Raner, individually, and on behalf of all others similarly situated, Plaintiff v. Knight Barry Title, Inc., a Wisconsin corporation, Defendant, Case No. 2:24-cv-00211-LA (E.D. Wis., February 15, 2024), arises from the Defendant's failure to safeguard the highly sensitive private information of Plaintiff and Class members and to prevent unauthorized third parties from accessing this data and asserts claims for negligence, negligence per se, breach of implied contract, unjust enrichment and invasion of privacy in connection with the data breach. On July 25, 2023, KB experienced a data breach incident in which unauthorized cybercriminals accessed its information systems and databases and stole private information belonging to and Class members. KB discovered this unauthorized access on August 15, 2023. However, KB delayed notifying victims of the breach until February 1, 2024--170 days (nearly 6 months) after KB discovered the data breach, says the suit. Headquartered in Racine, WI, Knight Barry Title, Inc. is a title insurance company that operates 80 locations throughout Wisconsin, Minnesota, Michigan, Florida, and Texas. [BN] The Plaintiff is represented by: Daniel O. Herrera, Esq. Nickolas J. Hagman, Esq. CAFFERTY CLOBES MERIWETHER & SPRENGEL LLP 135 S. LaSalle, Suite 3210 Chicago, IL 60603 Telephone: (312) 782-4880 Facsimile: (312) 782-4485 E-mail: dherrera@caffertyclobes.com nhagman@caffertyclobes.com LANGETWINS WINE: Razo Files Suit in Cal. Super. Ct. --------------------------------------------------- A class action lawsuit has been filed against Langetwins Wine Company, Inc.. The case is styled as Araceli Sagrero Razo, on behalf of herself, all others similarly situated v. Langetwins Wine Company, Inc., Case No. STK-CV-UOE-2024-0001676 (Cal. Super. Ct., San Joaquin Cty., Feb. 13, 2024). The case type is stated as "Unlimited Civil Other Employment." LangeTwins Winery & Vineyards Inc. -- https://langetwins.com/ -- operates as a winery and vineyard. The Company provides services that include vineyard management, whole grape sales, bulk wine services, custom crush and juices, and private label.[BN] The Plaintiff is represented by: Leonard Emma, Esq. EMPLOYMENT LAWYERS 1999 Harrison Street, 18th Floor Oakland, CA 94612 Phone: 415-362-1111 Fax: 415-362-1112 Email: lemma@employment-lawyers.com LESLIE'S INC: Faces WPBPPF Securities Suit Over SEC Disclosures --------------------------------------------------------------- Leslie's, Inc. disclosed in its Form 10-Q for the quarterly period ended December 30, 2023, filed with the Securities and Exchange Commission on February 2, 2024, that On September 8, 2023, a class action complaint for violation of federal securities laws was filed by West Palm Beach Police Pension Fund in the U.S. District Court for the District of Arizona against the company, its Chief Executive Officer and its former Chief Financial Officer. The complaint alleges that the company violated federal securities laws by issuing materially false and misleading statements that failed to disclose adverse facts about our financial guidance, business operations and prospects, and seeks class certification, damages, interest, attorneys' fees, and other relief. Leslie's, Inc. is a direct-to-consumer pool and spa care brand. It markets and sells pool and spa supplies and related products and services, which primarily consist of maintenance items such as chemicals, equipment and parts, and cleaning accessories, as well as safety, recreational, and fitness-related products. LIFESTANCE HEALTH: Faces Cardona Class Suit Over Collection Letter ------------------------------------------------------------------ ANTONIO CARDONA, individually and on behalf of all those similarly situated v. LIFESTANCE HEALTH INC. D/B/A LIFESTANCE HEALTH FLORIDA, Case No. 189709877 (Fla. Cir., Jan. 12, 2024) sues the Defendant for violating the Florida Consumer Collection Practices Act. On December 22, 2023, the Defendant sent an electronic mail communication to the Plaintiff in connection with the collection of the Consumer Debt. The Communication was sent by the Defendant and delivered to the Plaintiff's personal e-mail address. The Communication advised: "your statement is ready to view! Please use the link below to view your statement online. You can also pay your balance in part or in full." The Communication was sent by the Defendant to the Plaintiff at 7:55 A.M. in the Plaintiff's time zone, and was received by the Plaintiff at 7:55 A.M. in the Plaintiff's time zone, the suit says. 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. As such, by and through the Electronic Communication, the Defendant violated section 559.72(17) of the FCCPA, the suit asserts. The Plaintiff seeks to represent: The "FCCPA Class" consists of: [1] all persons with Florida addresses [2] that the Defendant or someone on the Defendant's behalf [3] sent an electronic mail communication to [4] between 9:00 PM and 8:00 AM [5] in connection with the collection of a consumer debt. The Plaintiff is a citizen of the State of Florida, residing in Miami-Dade County, Florida. LifeStance is a national provider of behavioral healthcare services.[BN] The Plaintiff is represented by: Jibrael S. Hindi, Esq. Jennifer G. Simil, Esq. Zane C. Hedaya, Esq. THE LAW OFFICES OF JIBRAEL S. HINDI 110 SE 6th Street, Suite 1744 Fort Lauderdale, FL 33301 Telephone: (954) 907-1136 E-mail: jibrael@jibraellaw.com jen@jibraellaw.com zane@jibraellaw.com LOAN DEPOT: Lako Files Suit in C.D. California ---------------------------------------------- A class action lawsuit has been filed against Loan Depot, LLC, et al. The case is styled as Eljon Lako, individually and on behalf of all others similarly situated v. Loan Depot, LLC, John Does 1-10, Case No. 8:24-cv-00215 (C.D. Cal., Feb. 1, 2024). The nature of suit is stated as Other Contract for Contract Dispute. LoanDepot -- https://www.loandepot.com/ -- sometimes stylized as loanDepot, is an Irvine, California-based nonbank holding company which sells mortgage and non-mortgage lending products.[BN] LUV N' CARE: Richards Suit Removed to C.D. California ----------------------------------------------------- The case captioned as Brooke Richards, individually and on behalf of all others similarly situated v. LUV N' CARE, LTD. and DOES 1 through 10, inclusive, a Georgia Limited Liability Company, Case No. 23STCV30950 was removed from the Superior Court of the County of Los Angeles, California, to the U.S. District Court for the Central District of California on Feb. 2, 2024, and assigned Case No. 2:24-cv-00956. The Complaint seeks to assert claims for false and misleading advertising in violation of Cal. Business and Professions Code, false and misleading advertising in violation of Cal. Business and Professions Code, violation of Cal. Civil Code (Consumers Legal Remedies Act), and unjust enrichment against LNC based on an allegation that LNC sold sippy cup products under the NUBY brand name containing organic fluorine. The Plaintiff further alleges that the presence of organic fluorine implicates health and safety concerns that constitute false and misleading marketing, advertising and promotion. LNC denies that its products contain organic fluorine or any other harmful substance or that any of its actions constitutes false and misleading marketing, advertising or promotion.[BN] The Defendants are represented by: Brandon C. Fernald, Esq. FERNALD & ZAFFOS APC 15910 Ventura Blvd., Suite 1720 Encino, CA 91436 Phone:(323) 410-0300 Facsimile: (323) 410-0330 Email: brandon@fzlaw.com MANCHESTER DAIRY: Faces Araujo Wage-and-Hour Suit in S.D.N.Y. ------------------------------------------------------------- JOSE LUIS RAMIREZ ARAUJO and CRISTOPHER RAMIREZ, individually and on behalf of others similarly situated, Plaintiffs v. MANCHESTER DAIRY FARM CORP. (D/B/A MANCHESTER DAIRY), COUNTRY DELITE CORP. (D/B/A COUNTRY DELIGHT), ESMELIN THOMAS (AKA MEL), and JENNIFER ROMAN, Defendants, Case No. 7:24-cv-00661 (S.D.N.Y., Jan. 30, 2024) is a class action against the Defendants for unpaid minimum and overtime wages pursuant to the Fair Labor Standards Act and the New York Labor Law, and the "spread of hours" and overtime wage orders of the New York Commissioner of Labor, including applicable liquidated damages, interest, attorneys' fees and costs. Plaintiffs Araujo and Ramirez were employed as delivery workers and a salesperson at the Defendants' dairy distributions from approximately June 3, 2022, until July 15, 2023 and from April 2023 until July 20, 2023, respectively. Defendants own, operate, or control dairy distribution companies in New York.[BN] The Plaintiffs are represented by: Catalina Sojo, Esq. CSM LEGAL, P.C. 60 East 42nd Street, Suite 4510 New York, NY 10165 Telephone: (212) 317-1200 Facsimile: (212) 317-1620 MCDONALD'S USA.: Faber, Mays Seek Remedy for PUMP Act Breaches -------------------------------------------------------------- Kathleen R. Faber and Lexis Mays, on behalf of themselves and all others similarly situated v. McDonald’s U.S.A., LLC, MBM Management, Incorporated, Harold T. Clark III, LLC, and ABC Corporations 1–100 d/b/a McDonald's, Case No. 1:24-cv-01246 (N.D. Ill., Feb. 14, 2024) accuses the Defendants of violating the Providing Urgent Maternal Protections for Nursing Mothers Act. The Plaintiffs, both of whom were breastfeeding mothers employed by Defendants, allege that Defendants failed to provide them with a secure, private space and reasonable breaks to pump milk for their infant child, in violation of the PUMP Act. McDonald's U.S.A. is a multinational, multibillion dollar Delaware limited liability company headquartered at 110 North Carpenter Street, Chicago, IL. [BN] The Plaintiff is represented by: Lisa R. Considine, Esq. Oren Faircloth, Esq. SIRI & GLIMSTAD LLP 745 Fifth Avenue, Suite 500 New York, NY 10151 Telephone: (212) 532-1091 E-mail: lconsidine@sirillp.com Ofaircloth@sirillp.com MEANINGFUL BEAUTY: Competello Files ADA Suit in S.D. New York ------------------------------------------------------------- A class action lawsuit has been filed against Meaningful Beauty, LLC. The case is styled as Susan Competello, on behalf of herself and all others similarly situated v. Meaningful Beauty, LLC, Case No. 1:24-cv-00745 (S.D.N.Y., Feb. 1, 2024). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Meaningful Beauty -- https://www.meaningfulbeauty.com/ -- provides anti-aging skincare products designed by American supermodel Cindy Crawford and French skin care expert Jean-Louis Sebagh.[BN] The Plaintiff appears pro se. The Defendant is represented by: Jon L. Norinsberg, Esq. L. NORINSBERG, ESQ., PLLC 110 East 59th Street, Suite 2300 New York, NY 10022 Phone: (212) 791-5396 Fax: (212) 406-6890 Email: jon@norinsberglaw.com MICRON TECHNOLOGY: Class Certification Order Entered in Valenzuela ------------------------------------------------------------------ In the class action lawsuit captioned as SONYA VALENZUELA, v. MICRON TECHNOLOGY, INC., Case No. 2:23-cv-07058-FMO-PVC (C.D. Cal.), the Hon. Judge Fernando M. Olguin entered an order regarding motions for class Certification: 1. Joint Brief: The parties shall work cooperatively to create a single, fully integrated joint brief covering each party's position, in which each issue (or sub-issue) raised by a party is immediately followed by the opposing party's/parties' response. 2. Citation to Evidence: All citation to evidence in the joint brief shall be directly to the exhibit and page number(s) of the evidentiary appendix, or page and line number(s) of a deposition. 3. Schedule for Preparation and Filing of Joint Brief: The briefing schedule for the joint brief shall be as follows: A. Meet and Confer: In order for a motion for class certification to be filed in a timely manner, the meet and confer must take place no later than 35 days before the deadline for class certification motions set forth in the Court's Case Management and Scheduling Order. B. No later than seven days after the meet and confer, the moving party shall personally deliver or e-mail to the opposing party an electronic copy of the moving party's portion of the joint brief, together with the moving party's portion of the evidentiary appendix. C. No later than 14 days after receiving the moving party's papers, the opposing party shall personally deliver or e-mail to the moving party an electronic copy of the integrated motion, which shall include the opposing party's portion of the joint brief, together with the opposing party's portion of the evidentiary appendix. D. No later than two days after receiving the integrated version of the motion and related papers, the moving party shall finalize it for filing. E. Supplemental Memorandum: After the joint brief is filed, each party may file a supplemental memorandum of points and authorities no later than 14 days prior to the hearing date. Micron is an American producer of computer memory and computer data storage including dynamic random-access memory, flash memory, and USB flash drives. A copy of the Court's order dated Jan. 29, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=FLRbDn at no extra charge.[CC] MOLECULAR PARTNERS: Court Dismisses Securities Class Action ----------------------------------------------------------- JDSupra reports that on February 4, 2024, Judge Arun Subramanian of the United States District Court for the Southern District of New York dismissed a proposed securities class action against a biopharmaceutical company (the "Company") alleging violations under Sections 11 and 15 of the Securities Exchange Act of 1934 (the "Exchange Act"). Merritt v. Molecular Partners AG, 22-CV-5925 (AS) (S.D.N.Y. Feb. 4, 2024). Plaintiff alleged that the Company's registration statement misled investors by discussing its partnership with another biopharmaceutical company (the "Partner Company") to develop a cancer treatment without disclosing that a competitor had a similar treatment that was further along in its development. The Court dismissed plaintiff's complaint on grounds that the alleged omission did not render the Company's disclosures misleading. The Company's initial public offering launched in 2021. At the time, the Company was conducting a Phase 1 clinical drug trial for the treatment of certain cancers in partnership with the Partner Company under a licensing agreement (the "Partnership Agreement"). The registration statement disclosed information about the drug trial and the Partnership Agreement. Although the Company disclosed that "[c]ompetition in the oncology space [wa]s intense," plaintiff alleged it did not also disclose (i) that certain of the Company's patents were about to expire, and (ii) that a competitor was further along in its development of a similar drug treatment. According to plaintiff, these two things made the Partnership Agreement less valuable to the Partner Company and thus made it more likely that the Partner Company would terminate the Partnership Agreement. Ultimately, the Partnership Agreement was terminated in April 2022. According to plaintiff, this was followed by a fall in the Company's share price. The Court held that the impending expiration of the Company's patents was repeatedly disclosed in the registration statement. The Court next addressed the Company's argument that information about its competitor's drug trials "didn't require disclosure" because "information on the . . . trials was available at clinicaltrials.gov and in public analyst reports." The Court held that it was "unable to determine" at the motion to dismiss phase "whether information on the . . . trials was ‘widely known' rather than ‘merely available,'" making dismissal on this basis improper. The Court nevertheless held that the lack of a specific disclosure about the competitor drug trial did not render any part of the registration statement misleading. First, the Court addressed plaintiff's claim that the Company made two misleading opinion statements when it stated (i) that its partnership "allow[ed] for a meaningful investigation of combination therapies, given [the Partner Company's] expertise in the field of oncology" and (ii) that the Company's new drug "could be particularly relevant as a combination agent with potential combination studies in collaboration with [the Partner Company]." The Court rejected plaintiff's claims. While the first opinion statement might "imply certain facts about [the Partner Company's] experience in oncology," the Court held that it did "not imply any fact about the risk that the [Partnership Agreement] would one day end." The Court noted that the registration statement warned that the Partnership Agreement could be terminated for any reason. With respect to the second statement, the Court held that the opinions related to the drug's "potential as a combination agent" and "impl[ied] nothing" about the progress of the Company's drug "relative to other candidates." Next, the Court rejected claims that statements about the Partnership Agreement and planned trials were misleading because the registration statement did not warn about the risk of termination because of the competitor's trial. The Court held that the complaint failed "to plausibly allege that the [Partnership Agreement] was in fact in jeopardy at the time the registration statement became effective," whether because of the competitor's trial or otherwise. The Court further noted that the complaint did "not allege that the [Partnership Agreement] was terminated because of the [competitor]'s trials," nor did "timing alone support such an inference." The Court emphasized that "once it allegedly became clear that [the competitor] was ahead, [the Partner Company] did not terminate the [Partnership Agreement] for another year." Moreover, the registration statement disclosed that the Company faced "significant competition," which the Court held sufficiently captured the risks to the Company. Finally, the Court addressed Plaintiff's claim that the Company made two misleading forward-looking statements when it stated that (i) the "ongoing Phase 1 clinical trial" may "inform potential combination studies" to be conducted by the Partner Company "should it demonstrate sustained activity" of an immune response; and (ii) the Company "currently expect[s] to use the net proceeds from this offering" to fund the clinical trial for a second drug. With respect to the first statement, the Court rejected plaintiff's claim because the complaint failed to allege that "sustained activity" of an immune response -- a condition embedded in the statement -- was ever achieved and because "the registration statement [contained] sufficient cautionary language, warning both of competition and the fact that [Partner Company] could terminate the agreement for convenience." With respect to the second statement, plaintiff argued that the statement was misleading because, "with the [Partnership Agreement] in jeopardy, there was a material likelihood that [the Company] would be forced to instead use IPO proceeds for the development of [the first drug]" rather than the second drug referenced in the registration statement. The Court held that this statement was not misleading because the complaint alleged, no facts suggesting "that [the Company] used the IPO proceeds differently from how the registration statement suggest[ed]" and "no facts suggesting that [the Company] knew that it would do so at the time of the registration statement." The Court again noted that the Company disclosed that it faced significant competition, that the Partnership Agreement could be terminated for any reason, and that the Company would have to assume responsibility for developing drug candidates if the Partnership Agreement was terminated. [GN] MONDELEZ GLOBAL: Fischetti Sues Over Misleading Product Labeling ---------------------------------------------------------------- JOSEPH FISCHETTI, individually and on behalf of all others similarly situated v. MONDELĒZ GLOBAL LLC, Case No. 2:24-cv-01135 (E.D.N.Y., February 14, 2024) accuses the Defendant of violating the New York General Business Law. The Plaintiff seeks to represent all persons in New York who purchased Defendant's product, Ritz Bits Cracker Sandwiches, promoted as having a "Filling Made With Real Cheese". The Plaintiff alleges that the labeling of the product was unfair and deceptive as it could lead consumers to believe that the filling consisted predominantly of real cheese when the main ingredient was actually whey, a lesser quality substitute of cheese. Plaintiff paid more for the product and would not have paid as much if Defendant had been transparent enough about it. The Plaintiff claims that he sustained economic injury and/or loss due to the misleading labeling and packaging of the product. Headquartered in Chicago, IL, MONDELĒZ GLOBAL LLC is one of the world's largest snacks companies. [BN] The Plaintiff is represented by: Spencer Sheehan, Esq. SHEEHAN & ASSOCIATES P.C. 60 Cuttermill Rd Ste 412 Great Neck, NY 11021 Telephone: (516) 268-7080 E-mail: spencer@spencersheehan.com MONDELEZ INTERNATIONAL: Van Meter Balks at Deceptive Product Labels ------------------------------------------------------------------- MEGAN WAGGENER VAN METER, individually, and on behalf of all others similarly situated; Plaintiffs v. MONDELEZ INTERNATIONAL, INC.; and DOES 1-10, Defendant, Case No. 4:24-cv-00565 (N.D. Cal., Jan. 30, 2024) is an action brought by the Plaintiff pursuant to the California Civil Code, the California's Business & Professions Code, over unjust enrichment. The complaint seeks damages, restitution and injunctive relief, and any other relief deemed appropriate by the court. Mondelez is one of the world's largest snack food and chocolate companies in the world, bringing in over $31 billion in revenue in 2022. Its most popular products include Oreos, Chips Ahoy!, Clif Bars, and Toblerone. According to the complaint, Mondelez realizes these profits by paying local cocoa farmers as little as $3 per day, forcing those cocoa farmers to use child and child-slave labor. Mondelez knows its practices perpetuate child labor and child slavery, yet it nonetheless slaps phony "seals" on its products claiming its cocoa is "100% sustainable," "certified," or claiming that it "supports" or "helps" farmers when it knows the opposite is true. It is abhorrent to equate slavery and child labor to a "sustainable" practice. Likewise, Mondelez's environmental practices devastate the local environment. Mondelez's supply chain has virtually no environmental standards in place, the suit alleges. The complaint asserts that Defendant's deceptive labeling misleads consumers into believing its products are procured in accordance with environmentally and socially responsible standards, when it knows they are not. The Plaintiff was misled by the affirmative misrepresentations on Mondelez's product packaging concerning the use of fair labor and environmental standards and practices. Had she been aware of the misrepresentations described herein, she would not have purchased Mondelez's products, the Plaintiff adds.[BN] The Plaintiff is represented by: James B. Zouras, Esq. Ryan F. Stephan, Esq. Justin M. Caparco, Esq. Lauren A. Warwick, Esq. STEPHAN ZOURAS, LLP 222 West Adams Street, Suite 2020 Chicago, IL 60606 Telephone: (650) 561-4791 E-mail: jzouras@stephanzouras.com rstephan@stephanzouras.com jcaparco@stephanzouras.com lwarwick@stephanzouras.com MORGAN TRUCK: Sigala Suit Removed to C.D. California ---------------------------------------------------- The case captioned as Jose A. Sigala, on behalf of himself and current and former aggrieved employees v. MORGAN TRUCK BODY, LLC; and DOES 1 to 100, inclusive, Case No. CVRI2306493 was removed from the Superior Court of the State of California in and for the County of Contra Costa, to the U.S. District Court for the Central District of California on Feb. 1, 2024, and assigned Case No. 5:24-cv-00247. The Plaintiff here seeks individual unpaid wages and statutory penalties pursuant to the California Labor Code Private Attorneys' General Act ("PAGA") for alleged violations of 8 separate Labor Code provisions, as well as penalties for alleged violations of the Industrial Welfare Commission wage orders, and penalties under Labor Code.[BN] The Defendants are represented by: Dan M. Forman, Esq. Wanja S. Guy, Esq. CDF LABOR LAW LLP 707 Wilshire Boulevard, Suite 5150 Los Angeles, CA 90017 Phone: (213) 612-6300 Email: dforman@cdflaborlaw.com wguy@cdflaborlaw.com NANO HEARING TECH: Brown Files TCPA Suit in S.D. California ----------------------------------------------------------- A class action lawsuit has been filed against Nano Hearing Tech Opco, LLC. The case is styled as Stephanie Brown, individually and on behalf of others similarly situated v. Nano Hearing Tech Opco, LLC, Case No. 3:24-cv-00221-BTM-JLB (S.D. Cal., Feb. 1, 2024). The lawsuit is brought over alleged violation of the Telephone Consumer Protection Act for Restrictions of Use of Telephone Equipment. Nano Hearing Tech Opco, LLC doing business as Nano Hearing Aids -- https://nanohearingaids.com/ -- is America's #1 choice for affordable direct-to-consumer otc hearing aids.[BN] The Plaintiff is represented by: Aryanna Yvette Young, Esq. Ryan Lee McBride, Esq. KAZEROUNI LAW GROUP APC 2221 Camino Del Rio South, Suite 101 San Diego, CA 92108 Phone: (714) 656-2453 Email: aryanna@kazlg.com ryan@kazlg.com NATIONSTAR MORTGAGE: Faces Hart Class Action Lawsuit in N.D. Texas ------------------------------------------------------------------ A class action lawsuit has been filed against Nationstar Mortgage LLC et al. The case is captioned as Hart v. Nationstar Mortgage LLC et al., Case No. 3:24-cv-00093-N (N.D. Tex., Jan. 12, 2024). The nature of suit states Diversity-Other Contract. The case is assigned to the Hon. Judge David C Godbey. Nationstar offers mortgage services. The Company provides mortgages loan, re-financing, and home equity loans.[BN] Plaintiff Jane Hart, individually and on behalf of all others similarly situated, is represented by: Amanda Brooke Murphy, Esq. MURPHY LAW FIRM 4116 Will Rogers Pkwy, Suite 700 Oklahoma City, OK 73108 Telephone: (405) 389-4989 E-mail: abm@murphylegalfirm.com NAVVIS & COMPANY: Bogart and Schaus Sue Over Privacy Data Breach ---------------------------------------------------------------- KEELEY BOGART and JULIE SCHAUS, on behalf of themselves individually and on behalf of all others similarly situated, Plaintiffs v. NAVVIS & COMPANY, LLC, Defendant, Case No. 3:24-cv-00391-JPG (S.D. Ill., February 15, 2024) arises from the Defendant's failure to implement or maintain adequate data security measures for the private information of Plaintiffs and Class members and asserts claims for negligence, breach of third-party beneficiary contract, invasion of privacy, unjust enrichment, and for violations of the Illinois Consumer Fraud Act. According to the Notice of Security Incident letter that Defendant sent to Plaintiffs and other impacted Class members, on or around July 25, 2023, Navvis identified suspicious activity within its computer network environment. The Defendant's investigation results concluded that between July 12, 2023, and July 25, 2023, an unauthorized actor may had had access to certain systems. Moreover, in breaching its duties to properly safeguard its clients' plan members and patients private information and give plan members timely, adequate notice of the data breach's occurrence, Defendant's conduct amounts to negligence and/or recklessness and violates federal and state statutes, says the suit. Headquartered in St. Louis, MO, Navvis & Company, LLC. is a healthcare company that provides products and services to health plans, health systems, and physician enterprises. [BN] The Plaintiffs are represented by: Gary M. Klinger, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMANP LLC 227 W. Monroe Street, Suite 2100 Chicago, IL 60606 Telephone: (866) 252-0878 E-mail: gklinger@milberg.com NAVVIS & COMPANY: Fails to Safeguard Health Info, Lilly Alleges --------------------------------------------------------------- RICHARD LILLY, individually, and on behalf of all others similarly situated v. NAVVIS & COMPANY, LLC, Case No. 4:24-cv-00063-SEP (E.D. Mo., Jan. 11, 2024) sues the Defendant for its failure to properly secure and safeguard the Representative Plaintiff's and Class Members' protected health information and personally identifiable information stored within the Defendant’s information network. The compromised information includes names, Social Security numbers, dates of birth, health plan information, and medical information. The Representative Plaintiff seeks to hold the Defendant responsible for the harms it caused and will continue to cause the Representative Plaintiff and, at least, 917 other similarly situated persons in the preventable cyberattack purportedly discovered by the Defendant on July 25, 2023. While the Defendant claims to have discovered the breach as early as July 25, 2023, the Defendant did not begin informing victims of the Data Breach until December 2023 and failed to inform victims when or for how long the Data Breach occurred, the suit claims. The Representative Plaintiff further seeks to hold Defendant responsible for not ensuring that the PHI/PII was maintained in a manner consistent with industry, the Health Insurance Portability and Accountability Act of 1996 Privacy Rule, the HIPAA Security Rule and other relevant standards. As a result, the Representative Plaintiff spent time dealing with the consequences of the Data Breach, which included and continues to include, time spent verifying the legitimacy and impact of the Data Breach, exploring credit monitoring and identity theft insurance options, self-monitoring the Representative Plaintiff's accounts and seeking legal counsel regarding the Representative Plaintiff's options for remedying and/or mitigating the effects of the Data Breach. This time has been lost forever and cannot be recaptured, the suit asserts. Further, the Representative Plaintiff suffered lost time, annoyance, interference and inconvenience as a result of the Data Breach and has anxiety and increased concerns for the loss of privacy, as well as anxiety over the impact of cybercriminals accessing, using and selling the Representative Plaintiff's PHI/PII. As required in order to obtain services and/or employment from the Defendant, the Representative Plaintiff provided the Defendant with highly sensitive PHI/PII. The Representative Plaintiff received a letter from the Defendant, dated December 29, 2023, stating the Representative Plaintiff's PHI/PII was involved in the Data Breach. The Defendant is a "population health, value -based care company" that works with health plans and systems to build and operate business models.[BN] The Plaintiff is represented by: Laura Van Note, Esq. COLE & VAN NOTE 555 12th Street, Suite 2100 Oakland, CA 94607 Telephone: (510) 891-9800 Facsimile: (510) 891-7030 E-mail: lvn@colevannote.com NEW ENGLAND PATRIOTS: Serra Sues Over VPPA Violations ----------------------------------------------------- Anthony Serra, on behalf of himself and all others similarly situated v. New England Patriots LLC, Case No. 4:24-cv-40022 (D. Mass., Feb. 1, 2024), is brought against Defendant for violations of the Video Privacy Protection Act ("VPPA") with regards to the Defendants intentional and knowing disclosure of the Plaintiff's data to third parties. The VPPA prohibits "video tape service providers" from "knowingly disclosing, to any person, personally identifiable information concerning any consumer of such provider." The statute accounts for advancements in video-delivery technology by defining a "video tape service provider" broadly to include any business engaged in the "rental, sale, or delivery of prerecorded video cassette tapes or similar audio-visual materials." The Defendant developed, owns, and maintains a mobile application titled "New England Patriots" (the "App"), which delivers to consumers live videos and other content relating to the New England Patriots football team. The Plaintiff downloaded and installed the App to his mobile phone and regularly used it to access video content. Unbeknownst to Plaintiff and Class members, Defendant intentionally and knowingly discloses their data--including which videos they watch, their precise geolocation, and advertising IDs--to third parties, thereby violating the VPPA by disseminating the personally identifiable information of consumers who use the App, says the complaint. The Plaintiff Serra downloaded the App on his mobile phone, did not create an account, and watched multiple videos thereafter. New England Patriots LLC is an American football team headquartered in Foxborough, Massachusetts.[BN] The Plaintiff is represented by: Nathaniel L. Orenstein, Esq. Patrick T. Egan, Esq. Christina L. Gregg, Esq. BERMAN TABACCO One Liberty Square Boston, MA 02109 Phone: (617) 542-8300 Email: norenstein@bermantabacco.com pegan@bermantabacco.com cgregg@bermantabacco.com - and – Daniel E. Gustafson, Esq. Daniel C. Hedlund, Esq. Daniel J. Nordin, Esq. Joseph Nelson, Esq. GUSTAFSON GLUEK PLLC Canadian Pacific Plaza 120 South 6th Street, Suite 2600 Mpls, MN 55402 Phone: (612) 333-8844 Fax: (612) 339-6622 Email: dgustafson@gustafsongluek.com dhedlund@gustafsongluek.com dnordin@gustafsongluek.com jnelson@gustafsongluek.com - and – Kenneth A. Wexler, Esq. Justin N. Boley, Esq. Zoran Tasic, Esq. WEXLER BOLEY & ELGERSMA LLP 311 S. Wacker Drive, Suite 5450, Chicago, IL 60606 Phone: 312-346-2222 Fax: 312-346-0022 Email: kaw@wbe-llp.com jnb@wbe-llp.com zt@wbe-llp.com - and – Kevin Landau, Esq. Brett Cebulash, Esq. Joshua O. Hall, Esq. TAUS, CEBULASH & LANDAU, LLP 123 William Street, Suite 1900A, New York, NY 10038 Phone: 212-931-0704 Email: klandau@tcllaw.com bcebulash@tcllaw.com jhall@tcllaw.com NEW YORK DOCTORS: Delacruz Files ADA Suit in S.D. New York ---------------------------------------------------------- A class action lawsuit has been filed against New York Doctors Urgent Care, PLLC. The case is styled as Emanuel Delacruz, on behalf of himself and all other persons similarly situated v. New York Doctors Urgent Care, PLLC, Case No. 1:24-cv-00809 (S.D.N.Y., Feb. 3, 2024). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. New York Doctors Urgent Care, PLLC -- https://newyorkdoctorsurgentcare.com/ -- is an urgent care center in New York.[BN] The Plaintiff is represented by: Dana Lauren Gottlieb, Esq. GOTTLIEB & ASSOCIATES 150 E. 18 St., Suite PHR New York, NY 10003 Phone: (917) 796-7437 Fax: (212) 982-6284 Email: danalgottlieb@aol.com NEW YORK, NY: Sued Over Child Welfare Agency's Invasive Searches ---------------------------------------------------------------- Spectrum New reports that a new class-action lawsuit is charging that investigators from the City's Administration for Children's Services violated families' rights during searches of their homes. The suit claims the agency's caseworkers lied and withheld information from parents, and threatened to involve police or remove children in order to enter homes without court orders. The plaintiffs also denounce the agency's disproportionate use of the practices on low-income Black and Latino families. The suit requests for money damages and an end to what the plaintiffs consider as unconstitutional practices. Shalonda Curtis-Hackett, one of the named plaintiffs, and David Shalleck-Klein, executive director and founder of Family Justice Law Center, which helps families mistreated by the child welfare system, joined NY1 political anchor Errol Louis on "Inside City Hall" Wednesday to discuss the suit. [GN] NISSAN NORTH: Faces McAtee Class Action Lawsuit in California ------------------------------------------------------------- A class action lawsuit has been filed against NISSAN NORTH AMERICA, INC., A TENNESSEE CORPORATION, et al. The case is captioned as MCATEE, et al. vs. NISSAN NORTH AMERICA, INC., A TENNESSEE CORPORATION, et al., Case No. 24CV000492 (Cal. Super., Jan. 12, 2024). The case is assigned to the Hon. Judge Christopher E. Krueger. Nissan North operates in the automotive industry.[BN] NOBLE KNIGHT: Karim Files ADA Suit in S.D. New York --------------------------------------------------- A class action lawsuit has been filed against Noble Knight Games, Inc. The case is styled as Jessica Karim, on behalf of herself and all others similarly situated v. Noble Knight Games, Inc., Case No. 1:24-cv-01053-JMF-RFT (S.D.N.Y., Feb. 13, 2024). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Noble Knight -- https://www.nobleknight.com/ -- specializes in New, Used, and Out-of-Print Role Playing Games, Board Games, Miniatures, Warhammer, Historicals, and Magic the Gathering.[BN] The Plaintiff is represented by: Gabriel Levy, Esq. GABRIEL A. LEVY, P.C. 1129 Northern Blvd., Suite 404 Manhasset, NY 11030 Phone: (516) 287-3458 Email: glevy@glpcfirm.com NONNI'S FOODS: Filing for Class Cert Bid Extended to March 4 ------------------------------------------------------------ In the class action lawsuit captioned as Bardsley et al., v. Nonni's Foods LLC, Case No. 7:20-cv-02979-NSR-JCM (S.D.N.Y.), the Parties ask the Court to enter an order extending the briefing schedule for the Plaintiff's Motion for class certification and the deadlines for expert disclosures by 30 days: -- The Plaintiff's Motion for Class March 4, 2024 Certification shall be filed no later than: -- The Plaintiff's expert reports shall March 5, 2024 be served no later than: -- The Defendant's Memorandum in April 3, 2024 Opposition to Plaintiff's Motion for Class Certification shall be filed no later than: -- The Defendant's expert reports April 4, 2024 shall be served no later than: Nonni's is the producer, marketer, and distributor of branded premium specialty cookies and baked goods in North America. A copy of the Parties' motion dated Jan. 26, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=OwJXt3 at no extra charge.[CC] The Plaintiffs are represented by: Spencer Sheehan, Esq. SHEEHAN & ASSOCIATES, P.C. 60 Cuttermill Rd Ste 409 Great Neck NY 11021 Telephone: (516) 268-7080 Facsimile: (516) 234-7800 E-mail: spencer@spencersheehan.com NORTH KANSAS CITY HOSPITAL: Jackson Suit Removed to W.D. Missouri ----------------------------------------------------------------- The case captioned as Bessie Jackson, individually and on behalf of all others similarly situated v. Board of Trustees of North Kansas City Hospital, Meritas Health Corporation, Perry Johnson & Associates, Inc., Case No. 24CY-CV00519 was removed from the Circuit Court of Clay County, MO, to the U.S. District Court for the Western District of Missouri on Feb. 13, 2024. The District Court Clerk assigned Case No. 4:24-cv-00109-GAF to the proceeding. The nature of suit is stated as Other P.I. North Kansas City Hospital -- https://www.nkch.org/ -- Hospital in North Kansas City, Missouri.[BN] The Plaintiff is represented by: John S. Steward, Esq. 14824 West Clayton Road, Suite 24 St. Louis, MO 63017 Phone: (314) 504-0979 Fax: (314) 594-5950 Email: js@MoLawGroup.com The Defendants are represented by: Jeremy M. Suhr, Esq. Brandon J.B. Boulware, Esq. BOULWARE LAW LLC 1600 Genessee, Suite 416 Kansas City, MO 64102 Phone: (816) 492-2826 Email: jeremy@boulware-law.com brandon@boulware-law.com - and - Timothy S. Frets, Esq. ROUSE FRETS WHITE GOSS GENTILE RHODES, PC - LEAWOOD 5250 W. 116th Place, Suite 400 Leawood, KS 66211 Phone: (913) 387-1600 Fax: (913) 928-6739 Email: tfrets@rousepc.com NORTHERN DYNASTY: Settlement in Darish Suit Gets Final Nod ---------------------------------------------------------- In the class action lawsuit captioned as Darish v. Northern Dynasty Minerals Ltd. et al., Case No. 1:20-cv-05917-TAM (E.D.N.Y.), the Hon. Judge Taryn A. Merkl entered an order granting the Plaintiffs' motions for final settlement approval and for attorneys' fees, reimbursement of litigation expenses, and award to Plaintiffs. The Plaintiffs seek an award of $20,000 to lead plaintiff Lawrence Kelemen and $5,000 to named plaintiff Charles Hymowitz, totaling $25,000, in connection with their representation of the settlement class. Both of these Plaintiffs submitted declarations detailing their efforts in this action over the past two years. The incentive awards requested in this case are in line with or are more modest than others that have been awarded. Accordingly, the Court grants the application for an incentive award of $20,000 to lead plaintiff Lawrence Kelemen and $5,000 to named plaintiff Charles Hymowitz. This case concerns a consolidated class action brought under the Private Securities Litigation Reform Act on behalf of purchasers of Northern Dynasty publicly traded securities between December 21, 2017, and November 24, 2020. The memorandum of law in support of Plaintiffs' motion for final approval of the proposed class action settlement defined the settlement class as: "all Persons who purchased or otherwise acquired Northern Dynasty securities during the Settlement Class Period, defined as December 21, 2017 through November 24, 2020, both dates inclusive, (i) on any stock exchanges located in the United States, (ii) on any alternative trading systems located in the United States, or (iii) pursuant to other domestic transactions, and who were damaged thereby." Excluded from the Settlement Class are (i) Individual Defendants; (ii) the officers and directors of Northern Dynasty; (iii) members of the Individual Defendants' immediate families and their legal representatives, heirs, successors or assigns; and (iv) any entity in which the Individual Defendants have or had a controlling interest. Northern Dynasty is a mining exploration and development company. A copy of the Court's memorandum and order dated Jan. 26, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=FNiZTJ at no extra charge.[CC] NOVA SOUTHEASTERN: May 31 Class Cert Bid Filing Extension Sought ---------------------------------------------------------------- In the class action lawsuit captioned as DR. TERRY RZEPKOSKI and KRISTEN ASSELTA, ON BEHALF OF THE NOVA UNIVERSITY DEFINED CONTRIBUTION PLAN, INDIVIDUALLY AND AS A REPRESENTATIVE OF A CLASS OF PARTICIPANTS AND BENEFICIARIES, v. NOVA SOUTHEASTERN UNIVERSITY, INC., Case No. 0:22-cv-61147-WPD (S.D. Fla.), the Plaintiffs ask the Court to enter an order permitting them up until and including May 31, 2024, to file their Rule 23 Motion for Class Certification. Nova offers undergraduate, graduate, and professional degree programs. A copy of the Plaintiffs' motion dated Jan. 26, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=loWSpQ at no extra charge.[CC] The Plaintiffs are represented by: Brandon J. Hill, Esq. Luis A. Cabassa, Esq. Amanda E. Heystek, Esq. WENZEL FENTON CABASSA, P.A. 1110 N. Florida Avenue, Suite 300 Tampa, FL 33602 Telephone: (813) 224-0431 Facsimile: (813) 229-8712 E-mail: bhill@wfclaw.com lcabassa@wfclaw.com aheystek@wfclaw.com gdesane@wfclaw.com OBS ENGINEERING: Smith Files Suit in Cal. Super. Ct. ---------------------------------------------------- A class action lawsuit has been filed against OBS Engineering, Inc., et al. The case is styled as Clint Smith, on behalf of all others similarly situated v. OBS Engineering, Inc., Does 1-50, Inclusive, Case No. CGC24612116 (Cal. Super. Ct., San Francisco Cty., Feb. 2, 2024). The case type is stated as "Other Non-Exempt Complaints." OBS Engineering, Inc. -- https://www.obs-engineering.com/ -- is in the Engineering Services business.[BN] The Plaintiff is represented by: Mehrdad Bokhour, Esq. BOKHOUR LAW GROUP, PC 1901 Avenue of the Stars, Ste. 450 Los Angeles, CA 90067-6006 Phone: 310-975-1493 Fax: 310-675-0861 Email: mehrdad@bokhourlaw.com OSI STAFFING: Fails to Pay Executive Assistant's Minimum & OT Wages ------------------------------------------------------------------- ALLISYN NGUYEN, individually and on behalf of all other Aggrieved Employees v. OSI STAFFING, INC, a California Stock Corporation, OSI MANAGEMENT, a California Stock Corporation, and DOES 1 through 50, inclusive, Case No. 24NVVCV00145 (Cal. Super., Jan. 12, 2024) alleges that the Defendants failed to pay the Representative Plaintiff and other Aggrieved Employees all wages due to them, including minimum wages, overtime wages, double time wages, split shift pay and/or reporting time pay. The lawsuit contends that the Defendants failed to provide the Representative Plaintiff and other Aggrieved Employees with the required rest and meal break periods. The Representative Plaintiff and other Aggrieved Employees were routinely required to work through these periods instead, because of understaffing, inadequate coverage, unreasonably high workload and expectations, and/or other actions, inactions, or decisions made by and within the sole control and discretion of the Defendants. The Representative Plaintiff and other Aggrieved Employees worked shifts in excess of five (5) hours without a meal break, and worked shifts of ten (10) hours or more without a second meal break, due to understaffing, inadequate coverage, unreasonably high workload and expectations, and/or other actions, inactions, or decisions made by and within the sole control and discretion of the Defendants, the lawsuit adds. Due to the company-wide failures of the Defendants, the Representative Plaintiff and other Aggrieved Employees were forced to work off-the-clock before and/or after their scheduled work shifts, and/or during rest breaks, and/or during meal breaks. The Defendants failed to pay the Representative Plaintiff and other Aggrieved employees minimum wage for this time and/or falsified timekeeping records to hide this fact, the Plaintiff alleges. The Representative Plaintiff was employed by the Defendants with the job title of Executive Assistant to CEO on July 6, 2023 until November 3, 2023. The Representative Plaintiff and other Aggrieved Employees regularly worked in excess of eight (8), and in excess of 12, hours in a workday and/or 40 hours in a workweek. Osi is a California Stock Corporation who operates as employment staffing agency for staffing and payroll with locations in Southern California including Los Angeles, California.[BN] The Plaintiff is represented by: Haig B. Kazandjian, Esq. Raffi Tapanian, Esq. HAIG B. KAZANDJIAN LAWYERS, APC 801 North Brand Boulevard, Suite 970 Glendale, CA 91203 Telephone: (818) 696-2306 Facsimile: (818) 696-2307 E-mail: haig@hbklawyers.com raffi@hbklawyers.com OTIS WORLDWIDE: Court Dismisses Darnis Class Suit ------------------------------------------------- Otis Worldwide Corporation disclosed in its Form 10-K report for the fiscal year ended December 31, 2022, filed with the Securities and Exchange Commission on February 3, 2023, that on August 24, 2023, the Second Circuit Court of Appeals entered judgment in defendants' favor in a putative class action lawsuit, "Geraud Darnis et al. v. Raytheon Technologies Corporation et al." Plaintiffs initially appealed the decision on October 26, 2022. On August 12, 2020, a putative class action lawsuit, "Geraud Darnis et al. v. Raytheon Technologies Corporation et al.," was filed in the United States District court for the District of Connecticut against Otis, RTX, Carrier Global Corporation, which was also separated from UTC in the separation, each of their directors, and various incentive and deferred compensation plans. In September 13, 2021, plaintiffs filed an amended complaint against the three company defendants only. The named plaintiffs are former employees of UTC and its current and former subsidiaries, including Otis and Carrier. They seek to recover monetary damages, as well as related declaratory and equitable relief, based on claimed decreases in the value of long-term incentive awards and deferred compensation under nonqualified deferred compensation plans allegedly caused by the formula used to calculate the adjustments to such awards and deferred compensation from RTX, Carrier, and Otis following the spin-offs of Carrier and Otis and the subsequent combination of UTC and Raytheon company. In September 30, 2022, in response to motions to dismiss filed by the defendants, the court dismissed the class action in its entirety with prejudice. Otis Worldwide Corporation is an elevator and escalator manufacturing, installation and service company based in Connecticut. OXY USA INC: Cherry Rider Family Files Suit in D. Kansas -------------------------------------------------------- A class action lawsuit has been filed against OXY USA, Inc., et al. The case is styled as Cherry Rider Family Trust trustee; R.W. Lucas, co-trustee of the R.W. Lucas and Cathy Lucas Living Trust; individually and as representative plaintiffs on behalf of persons or concerns similarly situated; v. OXY USA, Inc., Merit Hugoton, L.P., Case No. 6:23-cv-01274-KHV-RES (D. Kan., Dec. 29, 2023). The nature of suit is stated as Other Contract for Breach of Contract. Oxy -- https://www.oxy.com/ -- is an energy company, a chemical manufacturer and a carbon management leader.[BN] The Plaintiff is represented by: Emily K. Arida, Esq. Ryan K. Meyer, Esq. David G. Seely, Esq. FLEESON, GOOING, COULSON & KITCH, LLC - WICHITA 301 North Main, Suite 1900 Wichita, KS 67202 Phone: (316) 267-7361 Fax: (316) 267-1754 Email: earida@fleeson.com rmeyer@fleeson.com dseely@fleeson.com - and – Erick E. Nordling, Esq. KRAMER, NORDLING & NORDLING, LLC 209 East Sixth Street Hugoton, KS 67951 Phone: (620) 544-4333 Fax: (620) 544-2230 Email: erick.nordling@nordlinglaw.com P.K. KINDER CO: Fagnani Files ADA Suit in S.D. New York ------------------------------------------------------- A class action lawsuit has been filed against P.K. Kinder Co. Inc. The case is styled as Mykayla Fagnani, on behalf of herself and all other persons similarly situated v. P.K. Kinder Co. Inc., Case No. 1:24-cv-00749 (S.D.N.Y., Feb. 1, 2024). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. P.K. Kinder Co. Inc. -- https://kinders.com/ -- offers rubs, Seasonings, BBQ Sauces and Marinades handcrafted by people obsessed with quality since 1946.[BN] The Plaintiff is represented by: Michael A. LaBollita, Esq. GOTTLIEB & ASSOCIATES 150 E. 18 St., Suite PHR New York, NY 10003 Phone: (212) 228-9795 Fax: (212) 982-6284 Email: michael@gottlieb.legal PACIFIC COAST SIGHTSEEING: Woods Files Suit in Cal. Super. Ct. -------------------------------------------------------------- A class action lawsuit has been filed against Pacific Coast Sightseeing Tours & Charters, Inc., et al. The case is styled as Tracy Woods, on behalf of a class of others similarly situated v. Pacific Coast Sightseeing Tours & Charters, Inc., Coach USA, Inc., Megabus West, LLC, Case No. BCV-24-100494 (Cal. Super. Ct., Kern Cty., Feb. 13, 2024). The case type is stated as "Other Employment - Civil Unlimited." Pacific Coast Sightseeing Tours & Charters, Inc. -- http://www.coachusa.com/-- offers scheduled bus service, sightseeing and tours and airport shuttle service.[BN] The Plaintiffs are represented by: Morris Nazarian, Esq. LAW OFFICES OF MORRIS NAZARIAN 1875 Century Park E. Ste. 1790 Los Angeles, CA 90067-2537 Phone: 310-284-7333 Fax: 310-284-7332 PACIFIC MARKET: Defends Class Suit Over Deceptive Advertising ------------------------------------------------------------- Amaris Encinas, writing for USA TODAY reports that the parent company behind the viral Stanley cup tumblers has been hit with a number of lawsuits by customers who say the brand failed to disclose that their products contained lead. The proposed class action lawsuits, filed in U.S. District Court in Washington state come weeks after Stanley confirmed that the "sealing material" they use to secure the vacuum insulation at the base of their products contains "some lead." "Rest assured that no lead is present on the surface of any Stanley product that comes into contact with the consumer nor the contents of the product," the company said in a release at the time. Concerns about lead in the cups starting circulating after a number of consumers performed at-home lead tests on their tumblers and posting the results on social media, USA TODAY previously reported. While they have apparently received varying results, there have been no reputable, consistent indications that the cups contain lead in the inner portion that holds liquid. And there have been no known reports of the cups causing any health issues for consumers. Still some customers were not put to ease. Here's what we know about the lawsuits. Customers say the should have been warned The separate suits were brought forth by two women, one from California and one from Nevada, who purchased one or more Stanley tumblers from a big box retail store. The women allege that the company's failure to "warn purchasers of the potential presence of lead" violated their right to make an informed decision about whether to purchase a cup in the first place. Stanley calls claims 'meritless' According to a statement obtained by USA TODAY Tuesday, Stanley will "vigorously defend itself against meritless claims." "As we have shared, there is no lead present on the surface of any Stanley product that comes into contact with the consumer nor the contents of the product," the statement said. What do the lawsuits against Stanley allege? The Nevada litigant accuses the company of "engaging in a campaign of deceiving customers," according to the lawsuit. "Stanley knew or reasonably should have known about this lead issue for years but chose to conceal it from the public presumably to avoid losing sales," the lawsuit states. The California plaintiff says that Stanley has continued to "conceal the known risks and failed to warn of known or scientifically knowable dangers and risks associated with ingesting lead," which is known to be dangerous even in trace amounts, the lawsuit alleges. The average consumer, they argue, would have no reason to suspect that the cup had lead in it, alleging that the only way to confirm the presence of lead was through the individual purchase of scientific tests or reviewing third party scientific testing. According to the lawsuit, the company also failed to consider that the vacuum seal could break and expose the user to lead, continuing to promote the product's use "during strenuous activities that could increase the risk of the cup being dropped and/or damaged." Stanley offers a lifetime warranty to customers in the "rare occurrence the base cap of a product comes off due to ordinary use and exposes this seal," assuring that their products meet all "regulatory requirements." "Stanley tests for and validates compliance on all products through FDA accredited third-party labs that verify our products follow strict guidelines, including but not limited to BPA/BPS, PFOS, and phthalate regulatory requirements," the statement reads. Both women assert that the Stanley tumblers they purchased are "effectively worthless" because they do not perform or possess the basic capabilities advertised, adding that they would have not purchased the tumblers if they had known about the lead. What does the lawsuit against Stanley's parent company seek? The women, who have filed the lawsuits on behalf of all Stanley customers, seek monetary compensation, a corrective advertising campaign, a product recall, and barring the company from selling the cups until lead levels are removed or fully disclosed, according to the lawsuits. They also stated they would consider ordering and use Stanley products in the future if the company "guaranteed they had fixed the latent defect at issue here." Do Stanley cups have lead in them? A drop containing lead is used on the bottom cap to seal the insulated cups, the company confirmed. The bit of lead is enclosed in stainless steel, meaning the lead does not sit on the surface of the tumbler, nor does it come in contact with your drink inside, USA TODAY previously reported. If you turn your insulated Stanley over, you will see a small circular cap on the bottom exterior of the cup. It is beneath this external seal that some lead can be found. Multiple videos testing the cups for lead do swab this bottom portion after removing the cap cover, as opposed to the inside of the cup. [GN] PB2 FOODS INC: Fagnani Files ADA Suit in S.D. New York ------------------------------------------------------ A class action lawsuit has been filed against Pb2 Foods, Inc. The case is styled as Mykayla Fagnani, on behalf of herself and all other persons similarly situated v. Pb2 Foods, Inc., Case No. 1:24-cv-00751 (S.D.N.Y., Feb. 1, 2024). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. PB2 Foods -- https://pb2foods.com/ -- is a food production and distribution company.[BN] The Plaintiff is represented by: Michael A. LaBollita, Esq. GOTTLIEB & ASSOCIATES 150 E. 18 St., Suite PHR New York, NY 10003 Phone: (212) 228-9795 Fax: (212) 982-6284 Email: michael@gottlieb.legal PERMIAN RESOURCES: MacDowell & MacDowell Sue Over Oil Price Fixing ------------------------------------------------------------------ BARBARA AND PHILLIP MACDOWELL, individually and on behalf of all others similarly situated, Plaintiffs v. PERMIAN RESOURCES CORP. f/k/a CENTENNIAL RESOURCE DEVELOPMENT, INC.; CHESAPEAKE ENERGY CORPORATION; CONTINENTAL RESOURCES INC.; DIAMONDBACK ENERGY, INC.; EOG RESOURCES, INC.; HESS CORPORATION; OCCIDENTAL PETROLEUM CORPORATION; and PIONEER NATURAL RESOURCES COMPANY, Defendants, Case No. 2:24-cv-00325 (D. Nev., February 15, 2024) seeks to recover treble damages, injunctive relief, and/or other relief as appropriate, based on violations of the Sherman Act and numerous state antitrust, unfair competition, and consumer protection laws. The class action arises from Defendants' conspiracy to coordinate, and ultimately constrain, shale oil production in the United States, which has had the purpose and effect of fixing, raising, and maintaining the price of crude oil, and as a result, the price of heating oil in and throughout the United States. Headquartered in Midland, TX, Permian Resources Corporation, known as Centennial Resource Development, is an oil and gas production company that acquires and processes shale oil largely in Texas and New Mexico. Its common stock is listed and traded on the New York Stock Exchange under the trading symbol PR. [BN] The Plaintiffs are represented by: Matthew T. Dushoff, Esq. William A. Gonzales, Esq. SALTZMAN MUGAN DUSHOFF 1835 Village Center Circle Las Vegas, NV 89134 Telephone: (702) 405-8500 Facsimile: (702) 405-8501 E-mail: mdushoff@nvbusinesslaw.com wgonzales@nvbusinesslaw.com - and - William G. Caldes, Esq. Jeffrey L. Spector, Esq. Diana J. Zinser, Esq. SPECTOR ROSEMAN & KODROFF, P.C. 2001 Market Street, Suite 3420 Philadelphia, PA 19103 Telephone: (215) 496-0300 Facsimile: (215) 496-6611 PLANET HOME LENDING: Ekola Files Suit in D. Connecticut ------------------------------------------------------- A class action lawsuit has been filed against Planet Home Lending, LLC. The case is styled as Bill Ekola, on behalf of himself and all others similarly situated v. Planet Home Lending, LLC, Case No. 3:24-cv-00145 (D. Conn., Feb. 5, 2024). The nature of suit is stated as Other Personal Property for Property Damage. Planet Home Lending -- https://planethomelending.com/ -- is a privately held national residential mortgage lender with multiple business channels uniquely positioned to provide competitive products and services..[BN] The Plaintiff is represented by: Oren Faircloth, Esq. SIRI & GLIMSTAD LLP 745 Fifth Avenue, Suite 500 New York, NY 10151 Phone: (212) 532-1091 Email: ofaircloth@sirillp.com PLANET HOME LENDING: Mazzo Files Suit in D. Connecticut ------------------------------------------------------- A class action lawsuit has been filed against Planet Home Lending, LLC. The case is styled as Jaime Mazzo, individually and on behalf of all others similarly situated v. Planet Home Lending, LLC, Case No. 3:24-cv-00130 (D. Conn., Feb. 1, 2024). The nature of suit is stated as Other Personal Property for Breach of Contract. Planet Home Lending -- https://planethomelending.com/ -- aims to make sure customers get the right home loan for their financial goals.[BN] The Plaintiff is represented by: Robert A. Izard, Jr., Esq. IZARD, KINDALL & RAABE, LLP-CT 29 South Main St., Suite 305 West Hartford, CT 06107 Phone: (860) 493-6295 Fax: (860) 493-6290 Email: rizard@ikrlaw.com POSTMEDS INC: Faces Byrd Class Action Lawsuit in N.D. California ---------------------------------------------------------------- A class action lawsuit has been filed against Byrd et al. v. PostMeds, Inc. The case is captioned as Byrd et al v. PostMeds, Inc., Case No. 4:24-cv-00222-HSG (N.D. Cal., Jan. 11, 2024). The case is assigned to the Hon. Judge Haywood S Gilliam, Jr. The nature of suit states Diversity-Personal Injury. PostMeds provides online pharmacy delivery services.[BN] The Plaintiffs are represented by: Amber Love Schubert, Esq. Robert C. Schubert, Esq. Dustin Lamm Schubert SCHUBERT JONCKHEER & KOLBE LLP 2001 Union St Ste 200 San Francisco, CA 94123 Telephone: (415) 788-4220 Facsimile: (415) 788-0161 E-mail: aschubert@sjk.law rschubert@sjk.law dschubert@sjk.law PREFERRED RISK INSURANCE: Welch Files TCPA Suit in M.D. Florida --------------------------------------------------------------- A class action lawsuit has been filed against Preferred Risk Insurance Agency, Inc. The case is styled as Michael Welch, Joseph Allen Davis, individually and on behalf of others similarly situated v. Preferred Risk Insurance Agency, Inc. d/b/a ACA Marketplace Enrollment Solutions, Case No. 6:24-cv-00260 (M.D. Fla., Feb. 5, 2024). The lawsuit is brought over alleged violation of the Telephone Consumer Protection Act for Restrictions of Use of Telephone Equipment. Preferred Risk Insurance Agency, Inc. doing business as ACA Marketplace Enrollment Solutions -- http://www.acaenroll.com/-- is a national enrollment firm specializing in both the Affordable Care Act and the senior product market.[BN] The Plaintiffs are represented by: Ryan Lee McBride, Esq. KAZEROUNI LAW GROUP APC 2221 Camino Del Rio S., Suite 101 San Diego, CA 92108 Phone: (800) 400-6808 Email: ryan@kazlg.com PROGRESS SOFTWARE: Faces Roberts Class Action Suit in N.D. Illinois ------------------------------------------------------------------- A class action lawsuit has been filed against Roberts v. Progress Software Corporation et al. The case is captioned as Roberts v. Progress Software Corporation et al., Case No. 1:24-cv-00346 (N.D. Ill., Jan. 12, 2024). The nature of suit states Diversity-Personal Injury. The case is assigned to the Hon. Judge Manish S. Shah. Progress is an American public company that produces software for creating and deploying business applications.[BN] Plaintiff Diamond Roberts, individually and on behalf of all others similarly situated, is represented by: Whitney Kendall Siehl, Esq. HAGENS BERMAN SOBOL SHAPIRO LLP 455 N. Cityfront Plaza Drive, Suite 2410 Chicago, IL 60611 Telephone: (708) 628-4949 E-mail: WhitneyS@hbsslaw.com PROGRESSIVE DIRECT: Must Oppose Class Cert Bid by April 12 ---------------------------------------------------------- In the class action lawsuit captioned as Martorana v. Progressive Direct Insurance Company, Case No. 1:22-cv-10613 (D. Mass., Filed April 25, 2022), the Hon. Judge Denise J. Casper entered an order granting motion for Modification of Schedule. -- The Plaintiff's experts disclosures due by: Feb. 9, 2024 -- Plaintiff's Class Certification Motion due: Feb. 9, 2024 -- The Defendant's expert disclosures due by: April 12, 2024 -- The Defendant's opposition to Motion for April 12, 2024 Class Certification due by: -- The Plaintiffs reply due by: May 10, 2024 -- Completion of Expert Discovery due by: May 10, 2024 The nature of suit states Diversity-Contract Default. Progressive Direct operates as an insurance company. Progressive underwrites auto, fire, marine, and casualty insurance.[CC] PROVIDENCE HEALTH: Sivakumar Sues Over Staff, Nurses' Unpaid Wages ------------------------------------------------------------------ VIJAYABARATHY SIVAKUMAR, individually and on behalf of all others similarly situated, Plaintiff v. PROVIDENCE HEALTH & SERVICES, a Washington nonprofit corporation; PROVIDENCE HEALTH SYSTEM-SOUTHERN CALIFORNIA, a California corporation; and DOES 1 through 10, inclusive, Defendants, Case No. 24STCV03279 (Cal. Super., Los Angeles Cty., Feb. 7, 2024) arises from the Defendants' alleged unlawful labor practices in violation of the California Labor Code. This is a law enforcement and representative action arising out of Defendants' failure to pay their staff and nurses all the wages they are owed, failure to compensate them for double time, failure to provide them with meal and rest periods in compliance with the applicable Wage Order, and failure to properly pay meal and rest period premiums to all of their non-exempt employees. The Defendants have engaged in a common scheme of routinely requiring and/or suffering and permitting their nurses to work in excess of 12 hours per day without compensating them at the statutorily-mandated double-time rate; have failed to provide them with meal periods in compliance with the applicable Wage Order; and have failed to authorize and permit them rest periods in compliance with the applicable Wage Order, says the suit. The Plaintiff worked for Defendants at Little Company of Mary Medical Center San Pedro in Los Angeles County, California, as a nurse at from approximately 2016 through June 2023. Providence Health & Services is a Washington nonprofit corporation and has been engaged in the business of health care and hospital services in the State of California and operates hospitals and medical centers.[BN] The Plaintiff is represented by: Marcus J. Bradley, Esq. Kiley L. Grombacher, Esq. Emilie MacLean, Esq. BRADLEY/GROMBACHER, LLP 31365 Oak Crest Drive, Suite 240 Westlake Village, CA 91361 Telephone: (805) 270-7100 Facsimile: (805) 270-7589 E-mail: mbradley@bradleygrombacher.com kgrombacher@bradleygrombacher.com emaclean@bradleygrombacher.com RACHAS INC: Frodsham Files Suit in S.D. California -------------------------------------------------- A class action lawsuit has been filed against Rachas, Inc. The case is styled as Natalie Frodsham, on behalf of herself and all others similarly situated v. Rachas, Inc. doing business as: Chuze Fitness, Case No. 3:24-cv-00222-WQH-VET (S.D. Cal., Feb. 1, 2024). The nature of suit is stated as Other Personal Property for Breach of Warranty. Rachas, Inc. doing business as Chuze Fitness -- https://chuzefitness.com/ -- is a local gym featuring low prices and state of the art facilities & equipment.[BN] The Plaintiff is represented by: Andrew Gerald Gunem, Esq. 613 Williamson Street, Suite 201 Madison, WI 53703 Phone: (608) 237-1775 Email: andrewg@turkestrauss.com REGENCY INTEGRATED: Smith Sues Over Unpaid Overtime Compensation ---------------------------------------------------------------- Shanna Smith, on behalf of herself and on behalf of all others similarly situated v. REGENCY INTEGRATED HEALTH SERVICES, LLC and REGENCY HIS CLINICAL CONSULTING, LLC, Case No. 4:24-cv-00390 (S.D. Tex., Feb. 1, 2024), is brought under the Fair Labor Standards Act ("FLSA") to recover unpaid overtime compensation owed to her individually and on behalf of all current and former healthcare workers and other workers paid on an hourly basis without overtime who performed work for Defendants during the three-year period before the filing of this Complaint up to the date the Court authorizes notice. The Defendants required the Plaintiff to work more than 40 hours a week as a nurse. The Defendants failed to pay Plaintiff and other similarly situated employees for all the overtime hours they work during a week. The Defendants' conduct violates the FLSA, which mandates that non-exempt employees, such as Plaintiff and other similarly situated employees, be compensated at one and one-half times their regular rate for each hour worked over forty hours per week, says the complaint. The Plaintiff has worked for Defendants at their Memorial City location located at 1341 Blalock Road, Houston, Texas. The Defendants operate 60 nursing and rehabilitation centers across the state of Texas.[BN] The Plaintiff is represented by: Beatriz-Sosa Morris, Esq. SOSA-MORRIS NEUMAN, PLLC 5612 Chaucer Drive Houston, TX 77005 Phone: (281) 885-8844 Facsimile: (281) 885-8813 Email: BSosaMorris@smnlawfirm.com ROWDY BEVERAGE: Palacios Files Suit in S.D. California ------------------------------------------------------ A class action lawsuit has been filed against Rowdy Beverage, Inc. The case is styled as Mario Palacios, individually and on behalf of all those similarly situated v. Rowdy Beverage, Inc., Case No. 3:24-cv-00288-MMA-KSC (S.D. Cal., Feb. 13, 2024). The nature of suit is stated as Contract Product Liability. Rowdy Beverage, Inc. -- https://rowdyenergy.com/ -- offers energy drinks that provide a blend of natural caffeine, electrolytes, and cognitive nootropics.[BN] The Plaintiff is represented by: Charles C. Weller, Esq. 11412 Corley Court San Diego, CA 92126 Phone: (858) 414-7465 Fax: (858) 300-5137 Email: legal@cweller.com SAKARA LIFE INC: Karim Files ADA Suit in S.D. New York ------------------------------------------------------ A class action lawsuit has been filed against Sakara Life, Inc. The case is styled as Jessica Karim, on behalf of herself and all others similarly situated v. Sakara Life, Inc., Case No. 1:24-cv-01054 (S.D.N.Y., Feb. 13, 2024). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Sakara Life -- https://www.sakara.com/ -- is an organic meal delivery and healthy living company.[BN] The Plaintiff is represented by: Gabriel Levy, Esq. GABRIEL A. LEVY, P.C. 1129 Northern Blvd., Suite 404 Manhasset, NY 11030 Phone: (516) 287-3458 Email: glevy@glpcfirm.com SARA CODY: Court Grants in Part UNIFYSCC's Class Cert Bid --------------------------------------------------------- In the class action lawsuit captioned as UNIFYSCC, et al., v. SARA H. CODY, et al., Case No. 5:22-cv-01019-BLF (N.D. Cal.), the Hon. Judge Beth Labson Freeman entered an order granting in part and denying in part class certification. The Court certifies the following class: "All individuals who: 1) work or worked for the County and/or were subject to its vaccine policies and orders, including the Risk Tier System; 2) were forced by the County to choose between taking the vaccine to maintain their jobs and/or their employment-related benefits or being placed on unpaid leave; 3) were classified as working in high risk jobs pursuant to the County's Risk Tier System; and 4) received a religious exemption from the County between Aug. 5, 2021 and Sept. 27, 2022. The Court also entered an order: -- Appointing Plaintiffs UnifySCC, Tom Davis, Maria Ramirez, and Elizabeth Baluyut as class representatives. -- Appointing Advocates for Faith & Freedom and Wolf Haldenstein Adler Freemen & Herz LLP as class counsel. -- Directing Lead Plaintiffs to file a proposed notice plan by Feb. 14, 2024. Beginning in March 2020, COVID-19 began to spread rapidly throughout the United States. COVID-19 proved to be highly contagious and deadly, claiming the lives of over 1 million Americans in just over two years. A copy of the Court's order dated Jan. 29, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=5GNToc at no extra charge.[CC] SAVINGS BANK MUTUAL: Abboud Files TCPA Suit in S.D. Texas --------------------------------------------------------- A class action lawsuit has been filed against The Savings Bank Mutual Life Insurance Company of Massachusetts. The case is styled as Monica Abboud, individually and on behalf of all others similarly situated v. The Savings Bank Mutual Life Insurance Company of Massachusetts, Case No. 4:24-cv-00517 (S.D. Tex., Feb. 13, 2024). The lawsuit is brought over alleged violation of the Telephone Consumer Protection Act for Restrictions of Use of Telephone Equipment. The Savings Bank Life Insurance Company of Massachusetts -- https://www.sbli.com/ -- operates as an insurance firm. The Company offers term, whole, and children life insurance solutions, as well as provides annuities and elder care insurance products.[BN] The Plaintiffs are represented by: Amy Lynn Bennecoff Ginsburg, Esq. GINSBURG LAW GROUP, P.C. 1012 N. Bethlehem Pike, Suite 103, Box 9 Ambler, PA 19002 Phone: (855) 978-6564 Fax: (855) 777-0043 Email: Efilings@ginsburglawgroup.com SKINNY FLAV: Fagnani Files ADA Suit in S.D. New York ---------------------------------------------------- A class action lawsuit has been filed against Skinny Flav, Inc. The case is styled as Mykayla Fagnani, on behalf of herself and all other persons similarly situated v. Skinny Flav, Inc., Case No. 1:24-cv-00752-AT (S.D.N.Y., Feb. 1, 2024). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Skinny Flav Inc. is committed to maintaining the superior quality and integrity of its products sold under the Sauce Bae brand.[BN] The Plaintiff is represented by: Jeffrey Michael Gottlieb, Esq. Michael A. LaBollita, Esq. GOTTLIEB & ASSOCIATES 150 E. 18 St., Suite PHR New York, NY 10003 Phone: (212) 228-9795 Fax: (212) 982-6284 Email: nyjg@aol.com michael@gottlieb.legal SOUTHWEST AIRLINES: Court Stays USERRA Suit -------------------------------------------- Southwest Airlines Co. disclosed in its Form 10-K report for the fiscal year ended December 31, 2023, filed with the Securities and Exchange Commission on February 6, 2024, that the United States District Court for the Northern District of California stayed a January 7, 2019 complaint alleging a violation of the federal Uniformed Services Employment and Reemployment Rights Act (USERRA) and seeking a certification as a class action was filed against the company in said court. The complaint alleges that the company violates section 4316(b) of USERRA because it does not provide paid "short-term" military leave (i.e., a military leave of 14 days or fewer) but does provide paid jury duty leave, bereavement leave, and sick leave, which the plaintiff alleges are "comparable" forms of leave under USERRA and its implementing regulations. The complaint seeks declaratory and injunctive relief, damages, liquidated damages, interest, and attorneys' fees, expert fees, and litigation costs. On February 3, 2021, the court granted the plaintiff's motion for class certification and issued an order certifying a class comprised of current or former employees who, during their employment with the company at any time from October 10, 2004, through the date of judgment in this action, have taken short-term military leave and were subject to a collective bargaining agreement, except for employees subject to the Transport Workers Union Local 550 agreement covering meteorologists. On January 11, 2022, the court granted the parties' stipulated request to vacate the trial date as the Department of Defense had not yet produced the class members' military pay and service records pursuant to the company's third-party subpoena. On August 18, 2022, the court entered an order that effectively stayed the action, except for attention to the third-party subpoena. Southwest Airlines Co. operates a major passenger airline that provides scheduled air transportation in the United States and near-international markets. It serves 121 destinations in 42 states, the District of Columbia, the Commonwealth of Puerto Rico, and ten near-international countries: Mexico, Jamaica, The Bahamas, Aruba, Dominican Republic, Costa Rica, Belize, Cuba, the Cayman Islands, and Turks and Caicos. SPECIALIZED LOAN: Donabedian Sues Over Illegal Debt Collection -------------------------------------------------------------- CHRISTOPHER J. DONABEDIAN, individually and as representative of the classes v. SPECIALIZED LOAN SERVICING, LLC (SLS) and FIRSTKEY MASTER FUNDING 2021-A COLLATERAL TRUST, U.S. BANK TRUST NATIONAL ASSOCIATIONAS COLLATERAL TRUST TRUSTEE, Case No. 8:24-cv-00319 (C.D. Cal., February 14, 2024) accuses the Defendants of violating the Fair Debt Collection Practices Act, the Rosenthal Debt Collections Practices Act, the California Civil Code, and the California Unfair Competition Law. This case stems from alleged attempts by Defendants to collect "zombie second mortgages" concerning a Home Equity Line of Credit (HELOC) obtained by Plaintiff in 2006 before the 2007-08 mortgage crisis. After obtaining a loan modification via the Home Affordable Modification Program (HAMP) in 2010, Plaintiff believed that his HELOC was charged off and would no longer incur interest or late fees. That belief was further established as Plaintiff had no longer received statements on his HELOC for more than a decade. However, in February 2022, SLS notified Plaintiff that he missed a HELOC payment in November 2008 and the payments due each month thereafter. He was warned that the arrears must be settled or the HELOC would result in default and foreclosure. This suit alleges that Defendants' collection attempts violate federal law, as Plaintiff was not provided with periodic statements indicating the outstanding balance for the HELOC. The Defendants engaged in deceptive practices, resulting in significant financial and emotional harm to Plaintiff, says the suit. SLS is a mortgage subservicer in the US, serving clients in multiple states, including California. It is headquartered in Colorado. [BN] The Plaintiff is represented by: Sophia M. Rios, Esq. BERGER MONTAGUE PC 401 B Street, Suite 2000 San Diego, CA 92101 Telephone: (619) 489-0300 Facsimile: (215) 875-4604 E-mail: srios@bm.net - and – Zachary M. Vaughan, Esq. BERGER MONTAGUE PC 2001 Pennsylvania Ave NW, Suite 300 Washington, DC 20006 Telephone: (202) 559-9740 E-mail: zvaughan@bm.net - and – Kristi C. Kelly, Esq. Casey S. Nash, Esq. KELLY GUZZO PLC 3925 Chain Bridge Rd, Suite 202 Fairfax, VA 22030 Telephone: (703) 424-7570 E-mail: kkelly@kellyguzzo.com casey@kellyguzzo.com SPECIALIZED LOAN: Faces Mills Class Action Lawsuit in E.D. Virginia ------------------------------------------------------------------- A class action lawsuit has been filed against Specialized Loan Servicing, LLC. The case is captioned as Mills v. Specialized Loan Servicing, LLC, Case No. 1:24-cv-00063-MSN-WEF (E.D. Va., Jan. 12, 2024). The suit alleges violation of the Fair Debt Collection Practices Act. The case is assigned to the Hon. Judge Michael S. Nachmanoff. Specialized Loan operates as a financial company. The Company offers residential mortgages, as well as provides loan modification.[BN] Plaintiff Larry Mills, on behalf of himself and all similarly situated consumers, is represented by: Andrew Joseph Guzzo, Esq. Casey Shannon Nash, Esq. James Patrick McNichol, Esq. Matthew G Rosendahl, Esq. Kristi Cahoon Kelly, Esq. KELLY GUZZO PLC 3925 Chain Bridge Road, Suite 202 Fairfax, VA 22030 Telephone: (703) 424-7576 Facsimile: (703) 591-0167 E-mail: aguzzo@kellyguzzo.com casey@kellyguzzo.com pat@kellyguzzo.com matt@kellyguzzo.com kkelly@kellyguzzo.com SPHERE ENTERTAINMENT: Settlement Deal in Securities Suit OK'd ------------------------------------------------------------- Sphere Entertainment Co. disclosed in its Form 10-Q filed with the Securities and Exchange Commission on February 5, 2024, that a settlement agreement was approved by the Court of Chancery of the State of Delaware on August 14, 2023, which constituted the final judgment in the action "In re MSG Networks Inc. Stockholder Class Action Litigation," C.A. No. 2021-0575-KSJM. On September 27, 2021, said court entered an order consolidating four complaints filed by purported former stockholders of MSG Networks Inc. The consolidated plaintiffs filed their Verified Consolidated Stockholder Class Action Complaint on October 29, 2021. The complaint asserted claims on behalf of a putative class of former MSG Networks Inc. stockholders against each member of the board of directors of MSG Networks Inc. and the controlling stockholders prior to the merger between a subsidiary of the Company and MSG Networks Inc. Plaintiffs alleged that the MSG Networks Inc. board of directors and controlling stockholders breached their fiduciary duties in negotiating and approving the merger. The company was not named as a defendant but was subpoenaed to produce documents and testimony related to the merger. Plaintiffs sought, among other relief, monetary damages for the putative class and plaintiffs' attorneys' fees. Pursuant to the indemnity rights in its bylaws and Delaware law, the company advanced the costs incurred by defendants in this action, and defendants asserted indemnification rights in respect of any adverse judgment or settlement of the action. On April 6, 2023, the parties to the litigation reached an agreement in principle to settle without admitting liability, on the terms and conditions set forth in a binding term sheet, which was incorporated into a long-form settlement agreement that was filed with the Court on May 18, 2023. Settlement agreement provided for, among other things, the final dismissal in exchange for a settlement payment to the plaintiffs and the class of $48,500, of which $28,000 has been paid as of December 31, 2023, with approximately $20,500 accrued for in Accounts payable, accrued and other current liabilities. The agreement was approved by the Court on August 14, 2023, which constituted the final judgment in the action. Sphere Entertainment Co. is a premier live entertainment and media company comprised of two reportable segments, Sphere and MSG Networks. Sphere is a next-generation entertainment medium, and MSG Networks operates two regional sports and entertainment networks, as well as a direct-to-consumer and authenticated streaming product. SPLITS:59 LLC: Karim Files ADA Suit in S.D. New York ---------------------------------------------------- A class action lawsuit has been filed against Splits:59, LLC. The case is styled as Jessica Karim, on behalf of herself and all others similarly situated v. Splits:59, LLC, Case No. 1:24-cv-00829 (S.D.N.Y., Feb. 5, 2024). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Splits59 -- https://www.splits59.com/ -- is a women's activewear company.[BN] The Plaintiff is represented by: Gabriel Levy, Esq. GABRIEL A. LEVY, P.C. 1129 Northern Blvd., Suite 404 Manhasset, NY 11030 Phone: (516) 287-3458 Email: glevy@glpcfirm.com SPORTS WORLD 165: Durantas Files ADA Suit in E.D. New York ---------------------------------------------------------- A class action lawsuit has been filed against Sports World 165, Inc. The case is styled as Hakan Durantas, on behalf of himself and all others similarly situated v. Sports World 165, Inc., Case No. 1:24-cv-00792 (E.D.N.Y., Feb. 2, 2024). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Sports World 165, Inc. -- https://sportsworld165.com/ -- is USA and New York's Finest for Authentic Sportswear offering a wide-ranging selection includes top-tier gear from NFL, MLB, NBA.[BN] The Plaintiff is represented by: Mars Khaimov, Esq. 14749 71st Ave. Flushing, NY 11367 Phone: (917) 915-7415 Email: mars@khaimovlaw.com SPRING INSURANCE: James Files Suit in W.D. Missouri --------------------------------------------------- A class action lawsuit has been filed against Spring Insurance Solutions, LLC. The case is styled as Anthony James, individually and on behalf of all others similarly situated v. Spring Insurance Solutions, LLC doing business as: United Medicare Advisors, Case No. 4:24-cv-00083-RK (W.D. Mo., Feb. 2, 2024). The nature if suit is stated as Other Contract for Breach of Contract. Spring Insurance Solutions, LLC doing business as United Medicare Advisors (UMA) -- https://unitedmedicareadvisors.com/ -- is a leading independent Medicare Supplement Insurance agency.[BN] The Plaintiff is represented by: John F Garvey, Jr., Esq. STRANCH, JENNINGS & GARVEY, PLLC 701 Market Street, Suite 1510 St. Louis, MO 63101 Phone: (314) 374-6306 Email: jgarvey@stranchlaw.com ST. LUKE'S: Jennings Seeks Class Settlement Initial Approval ------------------------------------------------------------ In the class action lawsuit captioned as JESSICA JENNINGS, on behalf of herself and all others similarly situated, v. ST. LUKE'S HEALTH NETWORK, INC. t/d/b/a ST. LUKE'S HOSPITAL, ST. LUKE'S HOSPITAL OF BETHLEHEM, PENNSYLVANIA and ST. LUKE'S UNIVERSITY HEALTH NETWORK, Case No. 5:23-cv-01229-JFL (E.D. Pa.), the Plaintiff asks the Court to enter an order granting her unopposed motion for preliminary approval of class action settlement: Under the relevant factors outlined in Girsh and Rule 23(e)(2), the terms of the Confidential Settlement Agreement and Release are fair, adequate, and reasonable for the following reasons: a. Class Counsel and Named Plaintiff have secured monetary relief for the proposed Settlement Class in the amount of $560,000.00, which is equal to 144% of the proposed Class’s estimated monetary damages, i.e., the $388,335.00 in premium surcharges collected from Named Plaintiff and the Settlement Class Members between Jan. 1, 2022 and Dec. 31, 2023. b. The Plaintiff will also request a Service Award in the amount of $1,665.00. Such an award is reasonable and falls within the range of service awards approved by courts in employment class and collective actions. On March 30, 2022, as required under Title VII of the Civil Rights Act of 1964 and the Pennsylvania Human Relations Act, the Plaintiff filed a Charge of Discrimination against Defendant, on behalf of herself and all others similarly situated, with the U.S. Equal Employment Opportunity Commission (EEOC), which she dual-filed with the Pennsylvania Human Relations Commission. St. Luke's offers primary care, pediatrics, surgery, rehabilitation, pain management, behavioral health, cardiovascular medicine, transplant, and digestive health services. A copy of the Plaintiff's motion dated Jan. 29, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=NoPV5z at no extra charge.[CC] The Plaintiff is represented by: William P. Mansour, Esq. MANSOUR LAW, LLC 961 Marcon Blvd., Suite 425 Allentown, PA 18109 Telephone: (610) 321-3536 Facsimile: (610) 798-1345 E-mail: wpm@themansourfirm.com STANDARD HEALTH: Bauman Files TCPA Suit in S.D. Florida ------------------------------------------------------- A class action lawsuit has been filed against Standard Health Insurance, LLC. The case is styled as Darlene Bauman, individually and on behalf of others similarly situated v. Standard Health Insurance, LLC, Case No. 1:24-cv-20444-XXXX (S.D. Fla., Feb. 2, 2024). The lawsuit is brought over alleged violation of the Telephone Consumer Protection Act for Restrictions of Use of Telephone Equipment. Standard Health -- https://www.standard.com/ -- is fast-growing insurance agency that focus on empowering people to make the best decision about their health, life & supplementary insurance products.[BN] The Plaintiffs are represented by: Ryan L. McBride, Esq. KAZEROUNI LAW GROUP, APC 301 E. Bethany Home Road, Ste. C-195 Phoenix, AZ 85012 Phone: (800) 400-6808 Email: ryan@kazlg.com STATE FARM: Appeals Denied Motion to Dismiss Brown Suit to 8th Cir. ------------------------------------------------------------------- STATE FARM FIRE AND CASUALTY CO. is taking an appeal from a court order denying its motions in the lawsuit entitled Richard Brown, individually and on behalf of all others similarly situated, Plaintiffs, v. State Farm Fire and Casualty Co., Defendant, Case No. 2:23-cv-04002-MDH, in the U.S. District Court for the Western District of Missouri. As previously reported in the Class Action Reporter, the lawsuit, which was removed from the Circuit Court of Cole County, Missouri, to the U.S. District Court for the Western District of Missouri, is brought against the Defendant for breach of its insurance policy by miscalculating his actual cash value (ACV) benefits owed under the policy. On Jan. 11, 2023, the Defendant filed a motion to dismiss the Plaintiff's first amended complaint, a motion to strike class allegations, and a motion to change venue to the U.S. District Court for the Eastern District of Missouri. On Aug. 29, 2023, Judge M. Douglas Harpool denied the Defendant's motions to dismiss, to strike the class-action allegations, and to transfer this case to the Eastern District of Missouri. The Defendant's motion to stay discovery pending a ruling on the motion to dismiss was denied as moot. The appellate case is captioned Richard Brown v. State Farm Fire and Casualty Co., Case No. 24-8002, in the United States Court of Appeals for the Eighth Circuit, filed on February 12, 2024. [BN] Plaintiff-Respondent RICHARD BROWN, on behalf of himself and all others similarly situated, is represented by: David T. Butsch, Esq. Christopher E. Roberts, Esq. BUTSCH & ROBERTS Suite 1300 7777 Bonhomme Avenue Clayton, MO 63105 Telephone: (314) 863-5700 - and - James B. McWherter, Esq. MCWHERTER AND SCOTT Suite 230 341 Cool Springs Boulevard Franklin, TN 37067 - and - Erik D. Peterson, Esq. ERIK PETERSON LAW OFFICES Suite 300 110 West Vine Street Lexington, KY 40507 Telephone: (800) 614-1957 - and - Thomas Joseph Snodgrass, Esq. SNODGRASS LAW, LLC Suite 800 100 S. Fifth Street Minneapolis, MN 55402 Telephone: (612) 339-1421 - and - Douglas J. Winters, Esq. WINTERS LAW GROUP, LLC Suite 1100 190 Carondelet Plaza Saint Louis, MO 63105 Telephone: (314) 499-5200 Defendant-Petitioner STATE FARM FIRE & CASUALTY COMPANY is represented by: Lauren C. Abendshien, Esq. Joseph A. Cancila, Jr., Esq. Jacob L. Kahn, Esq. RILEY & SAFER Three First National Plaza, Suite 2900 70 W. Madison Street Chicago, IL 60602 Telephone: (312) 479-3181 (312) 471-8750 (312) 471-8760 - and - James F. Bennett, Esq. Robert F. Epperson, Jr., Esq. James Russell Jackson, Esq. Michael J. Kuhn, Esq. DOWD & BENNETT Suite 1900 7676 Forsyth Boulevard Saint Louis, MO 63105 Telephone: (314) 889-7300 STRATEGIC PROPERTIES: Atlantic Casualty Files Suit in W.D. Missouri ------------------------------------------------------------------- A class action lawsuit has been filed against Strategic Properties, LLC. The case is styled as Atlantic Casualty Insurance Company v. Strategic Properties, LLC, Nephrite Fund I, LLC, Jesse Davila, Elena Puga, on behalf of themselves and all others similarly situated; Nicole Edwards, on behalf of themselves and all others similarly situated, Case No. 4:24-cv-00088-HFS (W.D. Mo., Feb. 5, 2024). The nature of suit is stated as Insurance for Declaratory Judgement. Strategic Properties, LLC -- https://www.strategicproperties.com/ -- is a property management company in Miami, Florida.[BN] The Plaintiff is represented by: Stephen James Moore, Esq. Jennifer L Woulfe, Esq. GALLOWAY, JOHNSON, TOMPKINS, BURR & SMIT 222 S. Central Avenue, Suite 1110 Saint Louis, MO 63105 Phone: (314) 725-0525 Fax: (314) 725-7150 Email: smoore@gallowaylawfirm.com jwoulfe@gallowaylawfirm.com SUIT SUPPLY: Georges Sues Over Deceptive Marketing of Apparel ------------------------------------------------------------- CLINT GEORGES, individually on behalf of himself and all others similarly situated, Plaintiff v. SUIT SUPPLY B.V., and SUIT SUPPLY (U.S.A.) INC., Defendants, Case No. 602837/2024 (N.Y. Sup., Nassau Cty., February 15, 2024) asserts claims against the Defendant for, among other things, negligent misrepresentation, unjust enrichment and for violations of New York's Warranty Act and New York's General Business Law due to Defendants' misleading and deceptive representation of its apparel to consumers. Plaintiff Georges shopped for and attempted to purchase a rare custom suit for a substantial premium over off-the-rack suits and jackets. After receiving an email confirmation stating that Defendant makes "Custom Made" apparel, Plaintiff received a regular off-the-rack suit and waistcoat, says the suit. Headquartered in Amsterdam, Suit Supply procures, advertises, markets, and sells apparel from many locations in New York and around the United States. The company also maintains a New York office. [BN] The Plaintiff is represented by: Jeffrey K. Brown, Esq. Michael A. Tompkins, Esq. LEEDS BROWN LAW, P.C. 1 Old Country Road, Suite 347 Carle Place, NY 11514 Telephone: (516) 873-9550 E-mail: jbrown@leedsbrownlaw.com mtompkins@leedsbrownlaw.com SUPER STORE INDUSTRIES: Barksdale Files Suit in Cal. Super. Ct. --------------------------------------------------------------- A class action lawsuit has been filed against Super Store Industries. The case is styled as Josh Barksdale, on behalf of himself and all others similarly situated v. Super Store Industries, Case No. STK-CV-UOE-2024-0001669 (Cal. Super. Ct., San Joaquin Cty., Feb. 13, 2024). The case type is stated as "Unlimited Civil Other Employment." Super Store Industries -- https://www.ssica.com/ -- is a wholesale grocery distributor and full service supply chain partner for efficient warehousing and distribution.[BN] The Plaintiff is represented by: Marcus J. Bradley, Esq. BRADLEY/GROMBACHER LLP 31365 Oak Crest Dr., Ste. 240 Westlake Village, CA 91361 Phone: 805-270-7100 Fax: 805-270-7589 Email: mbradley@bradleygrombacher.com SUPERIOR POOL: Hester Seeks Unpaid Wages Under Labor Code --------------------------------------------------------- HRISTINE HESTER, as an individual and on behalf of all others similarly situated v. SUPERIOR POOL PRODUCTS LLC, a (2) Delaware limited liability company; POOL CORPORATION, a Delaware corporation; SCP DISTRIBUTORS LLC, a Delaware limited liability company; and DOES 1 through 100, Case No. 24STCV03826 (Cal. Sup., Los Angeles Cty., February 14, 2024) accuses the Defendants of multiple violations of the California Labor Code. The Plaintiff was employed by Defendants in the non-exempt position of "Senior Regional AR Manager" from approximately 2000 until approximately May 22, 2023. Throughout her employment, Defendants failed to properly compensate Plaintiff for all hours actually worked as Defendants implemented a timekeeping system that resulted in time-shaving or rounding of hours worked. The Defendants also failed to fully comply with meal period and rest period requirements for its non-exempt employees. The Defendants are accused of other Labor Code violations, including failing to provide wage statements and failing to timely pay Plaintiff and class members all final wages due to them upon their separation from employment. Headquartered in Anaheim, CA, Superior Pool Products sells pool construction materials and pool products. [BN] The Plaintiff is represented by: Paul K. Haines, Esq. Sean M. Blakely, Esq. Joel M. Gordon, Esq. HAINES LAW GROUP, APC 2155 Campus Drive, Suite 180 El Segundo, CA 90245 Telephone: (424) 292-2350 Facsimile: (424) 292-2355 E-mail: phaines@haineslawgroup.com sblakely@haineslawgroup.com jgordon@haineslawgroup.com SUTTER HEALTH: Court Certifies Class of Savings Plan Beneficiaries ------------------------------------------------------------------ In the class action lawsuit captioned as Sargony, et al. v. Sutter Health, et al. (Sutter Health ERISA Litigation), Case No. 1:20-cv-01007-JLT-BAM (E.D. Cal.), the Court entered an order granting stipulation regarding class certification that: 1. The following class shall be certified to pursue the claims set forth in the Complaint: "All participants and beneficiaries in the Sutter Health 403(b) Savings Plan at any time on or after July 21, 2014, to the Present." 2. The Plaintiffs may be appointed as Class representatives. 3. Miller Shah LLP and Capozzi Adler, P.C. may be appointed as Class counsel. Sutter is a not-for-profit integrated health delivery system. A copy of the Court's order dated Jan. 26, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=mfsExf at no extra charge.[CC] The Plaintiffs are represented by: James C. Shah, Esq. Ronald S. Kravitz, Esq. James E. Miller, Esq. Laurie Rubinow, Esq. Alec J. Berin, Esq. MILLER SHAH LLP 456 Montgomery Street, Suite 1900 San Francisco, CA 94104 Telephone: (866) 540-5505 Facsimile: (866) 3007367 E-mail: jcshah@millershah.com rskravitz@millershah.com jemiller@millershah.com lrubinow@millershah.com mpols@millershah.com ajberin@millershah.com - and - Donald R. Reavey, Esq. Mark K. Gyandoh, Esq. CAPOZZI ADLER, P.C. 2933 North Front Street Harrisburg, PA 17110 Telephone: (717) 233-4101 Facsimile: (717) 233-4103 E-mail: donr@capozziadler.com markg@capozziadler.com - and - Daniel L. Germain, Esq. ROSMAN & GERMAIN LLP 16311 Ventura Blvd, Suite1200 Encino, CA 91436-2152 Telephone: (818) 788-0877 Facsimile: (818) 788-0885 E-mail: Germain@lalawyer.com The Defendant is represented by: Donald Patrick Sullivan, Esq. JACKSON LEWIS P.C. 50 California Street, 9th Floor San Francisco, CA 94111-4615 Telephone: (415) 394-9400 Facsimile: (415) 394-9401 E-mail: Donald.Sullivan@jacksonlewis.com Howard Shapiro, Esq. Stacey C.S. Cerrone, Esq. Lindsey H. Chopin, Esq. JACKSON LEWIS P.C. 601 Poydras Street, Suite 1400 New Orleans, LA 70130 Telephone: (504) 208-1755 Facsimile: (504) 208-1759 E-mail: Howard.Shapiro@jacksonlewis.com Stacey.Cerrone@jacksonlewis.com Lindsey.Chopin@jacksonlewis.com TMG KREATIONS: Slade Sues Over Blind-Inaccessible Website --------------------------------------------------------- Linda Slade, Individually and as the representative of a class of similarly situated persons v. TMG KREATIONS, LLC d/b/a Kashwere, Case No. 1:24-cv-00756 (S.D.N.Y., Feb. 2, 2024), is brought against the Defendant for their failure to design, construct, maintain, and operate their website to be fully accessible to and independently usable by Plaintiff and other blind or visually-impaired persons. The Defendant is denying blind and visually-impaired persons throughout the United States with equal access to the goods and services TMG Kreations provides to their non-disabled customers through www.kashwere.com (hereinafter "kashwere.com" or "the website"). Defendant's denial of full and equal access to its website, and therefore denial of its products and services offered, and in conjunction with its physical locations, is a violation of Plaintiff's rights under the Americans with Disabilities Act (the "ADA"), says the complaint. The Plaintiff is a visually-impaired and legally blind person who requires screen Reading software to read website content using his computer. TMG Kreations provides to the public a website known as kashwere.com which provides consumers with access to an array of goods and services, including, the ability to view the wide range of cashmere like products including throws, blankets, robes, apparel, and accessories offering the elegance of cashmere with the convenience of easy, unfussy care that can be purchased with the click of a mouse, and learn about promotions, among other features.[BN] The Plaintiff is represented by: Dan Shaked, Esq. SHAKED LAW GROUP, P.C. 14 Harwood Court, Suite 415 Scarsdale, NY 10583 Phone: (917) 373-9128 Email: ShakedLawGroup@gmail.com TOYOTA MOTOR SALES: Solis Sues Over False and Misleading Statements ------------------------------------------------------------------- Teresa Solis, an individual, on behalf of herself and all others similarly situated v. TOYOTA MOTOR SALES, U.S.A., INC., a California corporation; TOYOTA MOTOR CREDIT CORPORATION, a California corporation; and DOES 1 through 100, inclusive, Case No. 2:24-cv-00980 (C.D. Cal., Feb. 5, 2024), is brought for the benefit and protection of Plaintiff and all other similarly situated consumers against Toyota, which sold purchasers of Toyota vehicles prepaid ToyotaCare Plus maintenance plans for varying years and mileages ("Maintenance Plan") which contains false, fraudulent, and misleading statements. Toyota claims this Maintenance Plan is meant to cover scheduled services that are ordinarily paid for by Toyota consumers at specific mileage intervals. Thus, as an example, rather than pay for maintenance every 5,000 miles, consumers can pay upfront for a Maintenance Plan that is meant to cover all scheduled maintenance on their Toyota vehicles for five years and/or up to 55,000 miles. Toyota advertises, promotes, markets, and sells ToyotaCare Plus maintenance plans, including the Maintenance Plan, for their automobiles to consumers across the United States under the false premise that the Maintenance Plan is a superior value and lower-cost alternative to paying for each scheduled service individually at the time of service. The Maintenance Plan can cost upwards of $1,000. By making false, fraudulent, and misleading statements to consumers, Defendants made substantial profits and deceived thousands of consumers, including Plaintiff, who purchased the Maintenance Plan under the false belief that it was a good value and would save them money. Consumers have been misled, induced, and defrauded into spending money and thus harmed by Defendants' fraudulent misrepresentations and false advertising, says the complaint. The Plaintiff was deceived by the fraudulent and misleading representations of Defendants, which were a material factor in her decision to purchase the Maintenance Plan from Defendants. Toyota Motor Sales is one of the largest automobile manufacturers in the world and sells its vehicles and associated services to consumers across the United States – including California.[BN] The Plaintiff is represented by: John Ternieden, Esq. Christopher R. Rodriguez, Esq. Andrew D. Bluth, Esq. Trent Nelson, Esq. SINGLETON SCHREIBER, LLP 1414 K Street, Suite 470 Sacramento, CA 95814 Phone: (916) 248-8478 Email: jternieden@singletonschreiber.com crodriguez@singletonschreiber.com abluth@singletonschreiber.com tnelson@singletonschreiber.com TOYOTA MOTOR: Hughes Sues Over Sale of Defective RAV4 Vehicles -------------------------------------------------------------- ZACH HUGHES, individually and on behalf of all others similarly situated, Plaintiff v. TOYOTA MOTOR SALES, U.S.A., INC., TOYOTA MOTOR CORPORATION, and TOYOTA MOTOR NORTH AMERICA, INC., Defendants, Case No. 5:24-cv-00912 (N.D. Cal., February 15, 2024) arises from the Defendants' unfair, deceptive trade practices, common law fraudulent concealment, and unjust enrichment in connection with a latent defect found in model year 2014-2021 Toyota RAV4 vehicles. The Plaintiff alleges that the Defendants failed to disclose to Plaintiff and Class Members that the Class Vehicles contain defectively designed and/or manufactured hinges that cause the power liftgate to prematurely fail. In addition, Defendants have also refused to take any action to correct this concealed defect when it manifests in the Class Vehicles outside of the warranty period. Because the Defect can manifest shortly outside of the warranty period for the Class Vehicles -- and given Defendants' knowledge of the Defect--Defendants' attempt to limit the warranty is unconscionable and unenforceable, says the suit. Headquartered in Plano, TX, Toyota Motor Sales, U.S.A., Inc is engaged in automobile design, manufacturing, distribution, and/or service. The company designs, develops, manufactures, distributes, markets, sells, leases, warrants, services, and repairs passenger vehicles, including Toyota RAV4 vehicles [BN] The Plaintiff is represented by: Alison M. Bernal, Esq. NYE, STIRLING, HALE, MILLER & SWEET 33 West Mission Street, Suite 201 Santa Barbara, CA 93101 Telephone: (805) 963-2345 Facsimile: (805) 284-9590 E-mail: alison@nshmlaw.com - and - Matthew D. Schelkopf, Esq. Joseph B. Kenney, Esq. SAUDER SCHELKOPF 1109 Lancaster Avenue Berwyn, PA 19312 Telephone: (610) 200-0581 Facsimile: (610) 421-1326 E-mail: mds@sstriallawyers.com jbk@sstriallawyers.com TRADITIONS HEALTH: Appeals Remand Ruling in Arnett Labor Suit ------------------------------------------------------------- Traditions Health LLC filed an appeal from the District Court's Order dated January 24, 2024 entered in the lawsuit entitled Rebecca Arnett, an individual and on behalf of all others similarly situated v. TRADITIONS HEALTH LLC, a Delaware limited liability company; MARY BRACKETT, an individual; and DOES 1 through 100, inclusive, Case No. 5:23-cv-02324, in the United States District Court for the Central District of California. The case was removed from the Superior Court of the State of California for the County of Riverside to the Central District of California on Nov. 13, 2023. In this action, Plaintiff's Complaint asserts ten causes of action for "failure to pay overtime wages"; "failure to pay minimum wages"; "failure to provide meal periods"; "failure to provide rest periods"; "waiting time penalties"; "wage statement violations"; "failure to timely pay wages"; "failure to indemnify"; and "unfair competition". On December 14, 2023, the Plaintiff filed a motion to remand the case to Riverside Superior Court. On January 24, 2024, Judge Jesus G. Bernal entered an Order (1) GRANTING Plaintiff's Motion to Remand; and (2) REMANDING Case to Riverside County Superior Court; and (3) VACATING the January 29, 2024 Hearing. The appellate case is captioned as Arnett v. Traditions Health LLC, Case No. 24-636, in the United States Court of Appeals for the Ninth Circuit, filed on February 6, 2024.[BN] TWOMAGNETS INC: Misclassifies Nursing Assistants, Estrada Says -------------------------------------------------------------- TINA ESTRADA, individually and on behalf of all others similarly situated, Plaintiff v. TWOMAGNETS, INC D/B/A CLIPBOARD HEALTH, Defendant, Case No. 5:24-cv-00194 (C.D. Cal., Jan. 30, 2024) is a class and collective action lawsuit against the Defendant to challenge, among other things, its policy and practice of unlawfully misclassifying its non-exempt hourly certified nursing assistants as independent contractors exempt from the provisions of the Fair Labor Standards Act and the Oregon Labor Code. According to the complaint, Clipboard (1) fails to compensate for all hours worked pursuant to the federal and state laws; and (2) fails to pay for waiting time penalties pursuant to the Oregon law as a result of its unlawful misclassification policy and practice. In addition, Clipboard fails to maintain records showing all hours worked by Plaintiff and putative Class and Collective members. The Plaintiff and putative Class and Collective members do not receive accurate, itemized wage statements reflecting the hours they work and the amount of wages they are entitled to and for which they should be compensated. Nor are Plaintiff and putative Class and Collective members paid all amounts owed following voluntary or involuntary termination of employment, says the suit. Plaintiff Estrada and the members of the proposed Classes and Collective are current and former certified nursing assistants employed by Clipboard. Twomagnets, Inc. is a healthcare staffing agency that places healthcare professionals at medical facilities across the U.S.[BN] The Plaintiff is represented by: Carolyn Hunt Cottrell, Esq. Robert E. Morelli, Esq. SCHNEIDER WALLACE COTTRELL KONECKY LLP 2000 Powell Street, Suite 1400 Emeryville, CA 94608 Telephone: (415) 421-7100 Facsimile: (415) 421-7105 E-mail: ccottrell@schneiderwallace.com rmorelli@schneiderwallace.com TYSON FOODS: Gets Favorable Verdict in Antitrust Class Suit ----------------------------------------------------------- Tyson Foods, Inc. disclosed in its Form 10-Q report for the quarterly period ended September 30, 2023, filed with the Securities and Exchange Commission on November 7, 2023, that on September 12, 2023, the first trial which involves claims brought by direct purchasers of broiler chicken began and concluded with a jury verdict in favor of the defendant on October 25, 2023. The company did not participate in the first trial as it had settled all of its claims with the plaintiffs in the first trial. Beginning in September 2016, a consolidated putative federal class action lawsuit styled "In re Broiler Chicken Antitrust Litigation" was filed in the United States District Court for the Northern District of Illinois against the company and certain of its poultry subsidiaries, as well as several other poultry processing companies. The operative complaints, which have been amended throughout the litigation, contain allegations that, among other things, assert that beginning in January 2008, the defendants conspired and combined to fix, raise, maintain, and stabilize the price of broiler chickens in violation of United States antitrust laws. The plaintiffs also allege that defendants "manipulated and artificially inflated a widely used Broiler price index, the Georgia Dock." The plaintiffs further allege that the defendants concealed this conduct from the plaintiffs and the members of the putative classes. The plaintiffs seek treble damages, injunctive relief, pre- and post-judgment interest, costs, and attorneys' fees on behalf of the putative classes. In addition, the complaints on behalf of the putative classes of indirect purchasers include causes of action under various state unfair competition laws, consumer protection laws, and unjust enrichment common laws. Since the original filing, certain putative class members have opted out of the matter and are proceeding with individual direct actions making similar claims, and others may do so in the future. Tyson Foods, Inc. and its subsidiaries is one of the world's largest food companies. It operates a fully vertically-integrated chicken production process, integrated operations consisting of breeding stock, contract farmers, feed production, processing, further-processing, marketing and transportation of chicken and related specialty products, including animal and pet food ingredients. UNITED BEHAVIORAL: Class Cert Bid Hearing in Jones Set for March 15 ------------------------------------------------------------------- In the class action lawsuit captioned as MARY JONES, through her agent, on her own behalf and on behalf of all others similarly situated, v. UNITED BEHAVIORAL HEALTH, Case No. 3:19-cv-06999-RS (N.D. Cal.), the Hon. Judge Richard Seeborg entered an order that: 1. UBH's deadline to file a Reply in support of its Motion for Class Decertification and its Opposition to the Plaintiff's Motion to Modify the Class Certification Order is continued to Feb. 9, 2024. 2. The Plaintiff's deadline to file a Reply in support of her Motion to Modify the Class Certification Order is continued to March 15, 2024. 3. The hearing on UBH's Motion for Class Decertification and on Plaintiff’s Motion to Modify the Class Certification Order is continued to April 11, 2024, at 1:30 p.m. United Behavioral provides management services on a contract and fee basis. A copy of the Court's order dated Jan. 26, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=qQ8fXD at no extra charge.[CC] The Plaintiffs are represented by: Caroline E. Reynolds, Esq. D. Brian Hufford, Esq. Jason S. Cowart, Esq. M Moore, Esq. ZUCKERMAN SPAEDER LLP 100 East Pratt Street Suite 2440 Baltimore, MD 21202-1031 Telephone: (410) 332-0444 Facsimile: (410) 659-0436 - and - Meriam Bendat, Esq. PSYCH-APPEAL, INC. 7 West Figueroa Street, Suite 300 Santa Barbara, CA 93101 Telephone: (310) 598-3690 The Defendant is represented by: Jennifer S. Romano, Esq. Andrew Holmer, Esq. CROWELL & MORING LLP 515 South Flower Street, 40th Floor Los Angeles, CA 90071 Telephone: (213) 622-4750 Facsimile: (213) 622-2690 E-mail: JRomano@Crowell.com AHolmer@Crowell.com UPSTART HOLDINGS: Crain Files Bid for Class Certification --------------------------------------------------------- In the class action lawsuit captioned as Crain v. Upstart Holdings, Inc. et al. (UPSTART HOLDINGS, INC. SECURITIES LITIGATION), Case No. 2:22-cv-02935-ALM-EPD (S.D. Ohio), the Plaintiffs ask the Court to enter an order: -- certifying case as a class action pursuant to Rule 23(a) and (b)(3) of the Federal Rules of Civil Procedure, "All persons and entities who purchased or otherwise acquired Upstart common stock or exchange-traded Upstart call options, or who sold exchange-traded Upstart put options, between December 16, 2020, and November 8, 2022, inclusive;". Excluded from the Class are: (i) Defendants; (ii) the officers and directors of Upstart at all relevant times; and (iii) members of their immediate families and their legal representatives, heirs, successors or assigns, and any entity in which Defendants have or had a controlling interest; -- appointing Plaintiffs as Class Representatives, and -- approving their selection of Robbins Geller Rudman & Dowd LLP as Class Counsel. Upstart is a cloud-based artificial intelligence (AI) lending marketplace. A copy of the Plaintiffs' motion dated Jan. 29, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=2QcRtz at no extra charge.[CC] The Plaintiffs are represented by: Joseph F. Murray, Esq. Brian K. Murphy, Esq. MURRAY MURPHY MOUL + BASIL LLP 1114 Dublin Road Columbus, OH 43215 Telephone: (614) 488-0400 Facsimile: (614) 488-0401 E-mail: murray@mmmb.com murphy@mmmb.com - and - Ryan A. Llorens, Esq. T. Alex B. Folkerth, Esq. Nicole Q. Gilliland, Esq. ROBBINS GELLER RUDMAN & DOWD LLP 655 West Broadway, Suite 1900 San Diego, CA 92101 Telephone: (619) 231-1058 Facsimile: (619) 231-7423 E-mail: ryanl@rgrdlaw.com afolkerth@rgrdlaw.com ngilliland@rgrdlaw.com - and - Robert V. Prongay, Esq. Casey E. Sadler, Esq. GLANCY PRONGAY & MURRAY LLP 1925 Century Park East, Suite 2100 Los Angeles, CA 90067 Telephone: (310) 201-9150 Facsimile: (310) 201-9160 E-mail: rprongay@glancylaw.com csadler@glancylaw.com US MED-EQUIP: Court Approves PAGA Settlement in Ambrose Suit ------------------------------------------------------------ In the class action lawsuit captioned as TAYLOR AMBROSE, v. US MED-EQUIP, LLC, Case No. 1:23-cv-00114-SAB (E.D. Cal.), the Hon. Judge Stanley A. Boone entered an order granting the Plaintiff's motion for approval of PAGA Settlement with reduction in Attorneys' fee award and Directing clerk of court to enter judgment and close case. The settlement funds totaling $57,500.00, with a reduction in attorneys' fees, are authorized to be disbursed as follows: a. $14,375.00 as Attorneys' Fees; b. $10,519.50 as Costs to the Plaintiff's Counsel; c. $2,850.00 as Administration Costs; d. $5,000 as an Incentive Payment to Plaintiff; e. $18,566.62 as PAGA Penalties to the Labor and Workforce Development Agency; and f. $6,188.88 as PAGA Penalties to Aggrieved Employees in equal shares. The Court finds the settlement and its terms meets the statutory requirements set forth by PAGA; and are fundamentally fair, reasonable, and adequate in view of PAGA's public policy goals. The Court finds the requested attorneys' fees shall be reduced to 25% of the total settlement fund, or $14,375.00, and that the difference shall be added to the PAGA penalty fund. The Plaintiff Ambrose maintains this representative action against Med-Equip for penalties pursuant to the Private Attorneys General Act of 2004, California Labor Code, alleging violations of Labor Code sections 201, 202, 203, 204, 210, 226, 226.3, 226.7, 227.3, 256, 510, 512, 1174, 1185, 1194, 1194.2, 1197, 1197.1, 1198, 1199, 2802, 2804, California Code of Regulations Title 8 Sections 11050 and 11150, and California Industrial Commission Wage Order 4. US Med-Equip offers medical equipment rentals, hospital equipment rentals, medical equipment sales, biomedical services, and asset management services. A copy of the Court's order dated Jan. 26, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=X4Fcbp at no extra charge.[CC] UTILIQUEST LLC: Dacosta Suit Removed to C.D. California ------------------------------------------------------- The case captioned as Daniel Dacosta, individually and for others similarly situated v. UTILIQUEST, LLC, a Georgia Limited Liability Company, Case No. 23STCV30950 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 Feb. 1, 2024, and assigned Case No. 2:24-cv-00900. The Complaint purports to allege six claims for relief: "Failure to Pay for All Hours Worked;" "Failure to Pay Overtime;" "Failure to Authorize and Permit and/or Make Available Rest Periods;" "Failure to Provide Timely and Accurate Itemized Wage Statements;" "Waiting Time Penalties;" and "Unlawful Business Practices.[BN] The Defendants are represented by: Christopher A. Crosman, Esq. SEYFARTH SHAW LLP 2029 Century Park East, Suite 33500 Los Angeles, CA 90067-3021 Phone: (310) 277-7200 Facsimile: (310) 201-5219 Email: ccrosman@seyfarth.com VALLEY FOOD VENTURES: Senior Files ADA Suit in S.D. New York ------------------------------------------------------------ A class action lawsuit has been filed against Valley Food Ventures, LLC. The case is styled as Frank Senior, on behalf of himself and all other persons similarly situated v. Valley Food Ventures, LLC, Case No. 1:24-cv-01100 (S.D.N.Y., Feb. 14, 2024). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. VALLEY FOOD VENTURES, LLC is a Texas Domestic Limited-Liability Company.[BN] The Plaintiff is represented by: Michael A. LaBollita, Esq. GOTTLIEB & ASSOCIATES 150 E. 18 St., Suite PHR New York, NY 10003 Phone: (212) 228-9795 Email: michael@gottlieb.legal VENERUSO CURTO: Faces Pollack Class Action Lawsuit in S.D. New York ------------------------------------------------------------------- A class action lawsuit has been filed against Veneruso, Curto, Schwartz & Curto, LLP. The case is captioned as Pollack v. Veneruso, Curto, Schwartz & Curto, LLP, Case No. 1:24-cv-00240-ER (S.D.N.Y., Jan. 11, 2024). The suit alleges violation of the Fair Debt Collection Practices Act. The case is assigned to the Hon. Judge Edgardo Ramos. Veneruso is a law firm in Yonkers, NY.[BN] Plaintiff Dean Pollack, individually and on behalf of all others similarly situated, is represented by: Rami Salim, Esq. STEIN SAKS PLLC One University Plaza, Suite 620 Hackensack, NJ 07601 Telephone: (201) 282-6500 E-mail: rsalim@steinsakslegal.com VEORIDE INC: Fails to Pay Technicians' OT Wages, Solis Suit Alleges ------------------------------------------------------------------- FERNANDO GABRIEL SOLIS, individually and on behalf of all others similarly situated v. VEORIDE, INC.; and DOES 1 through 100, Case No. 24SMCV00188 (Cal. Super., Jan. 11, 2024) alleges that the Defendant failed to pay the Plaintiff any overtime premium for hours worked over 8 hours in a day or over 40 hours in a week. On average, Plaintiff worked 10-hour shifts, 4-6 days per week. However, the Plaintiff received his regular hourly rate of $19 for all hours worked, including overtime hours. The Defendant also failed to provide Plaintiff with uninterrupted 10-minute rest breaks for every 4 hours worked or major fraction thereof. The Plaintiff's rest breaks were regularly interrupted by work duties, the lawsuit says. In May 2023, the Plaintiff suffered an on-the-job injury when he was assaulted by an unknown individual while working. The Plaintiff reported the injury to Defendant and filed a workers' compensation claim. The Defendant delayed and underpaid the Plaintiff's workers' compensation benefits, causing the Plaintiff financial hardship, alleges the lawsuit. The Plaintiff was employed by the Defendant as an Overnight Technician from March 2023 through August 24, 2023. VeoRide is a privately-held company that designs and manufactures electric scooters and bikes.[BN] The Plaintiff is represented by: Manny Starr, Esq. Joseph Gross, Esq. FRONTIER LAW CENTER 23901 Calabasas Road, Suite 1084 Calabasas, CA 91302 Telephone: (818) 914-3433 Facsimile: (818) 914-3433 E-mail: manny@frontierlawcenter.com Joseph@frontierlawcenter.com VISA USA: Schuman Sues Over Defective Visa Vanilla Card Packaging ----------------------------------------------------------------- IRA SCHUMAN, individually and on behalf of all others similarly situated, Plaintiff v. VISA U.S.A., INC., INCOMM FINANCIAL SERVICES, INC., and PATHWARD, N.A., Defendants, Case No. 7:24-cv-00666 (S.D.N.Y., Jan. 30, 2024) arises from the Defendants' deceptive marketing and sale of their Visa(R) Vanilla gift cards to consumers in New York State in violation of the New York General Business Law. Visa Vanilla cards are prepaid debit cards that are sold in retail stores throughout New York. Visa Vanilla cards can be used to pay for transactions both online and anywhere where Visa debit and credit cards are accepted. When a consumer purchases a Visa Vanilla card, he or she loads a desired monetary amount, which becomes immediately accessible to anyone in possession of the card's account numbers. Visa Vanilla cards are commonly sold at supermarkets, gas stations, convenience stores and pharmacies such as CVS or Walgreens. Throughout the Class Period, the Defendants manufactured, marketed, sold, licensed, and/or distributed Visa Vanilla cards that Defendants knew, or should have known, were subject to an ongoing scam in which the funds on the gift cards are fraudulently redeemed or "drained" by third parties accessing the cards' account numbers. According to the complaint, the defective design of the packaging in which Defendants' cards are sold enabled the theft of Plaintiff's money. Specifically, the packaging is vulnerable to tampering that can go unnoticed by the reasonable consumer, says the suit. As a result, Defendants have caused Plaintiff and other similarly situated consumers to purchase a product, which is not secure and does not perform as represented. The Plaintiff and other similarly situated consumers have been harmed in the amount they paid for the gift cards and the amounts loaded on to the cards, plus interest, the suit alleges. VISA U.S.A., Inc. is an American multinational payment card services corporation headquartered in San Francisco, California.[BN] The Plaintiff is represented by: Patricia I. Avery, Esq. Philip M. Black, Esq. Timothy D. Brennan, Esq. WOLF POPPER LLP 845 Third Ave. New York, NY 10022 Telephone: (212) 759-4600 E-mail: pavery@wolfpopper.com pblack@wolfpopper.com tbrennan@wolfpopper.com WEXFORD HEALTH: Court Tosses Allen Bid for Class Certification --------------------------------------------------------------- In the class action lawsuit captioned as KEITH ALLEN, M21830, v. ROB JEFFREYS, WEXFORD HEALTH SOURCES, INC., ANTHONY WILLS, DeANNA KINK, ANGELA CRAIN, J. CRANE, ALISA DEARMOND, NICOLE BRAND, M. MOLDENHAUER, N. FLORENCE, N. YOUSUF, CLARA RICHMOND, KELLY PIERCE, NURSE REVA, NURSE SUZIE, Case No. 3:23-cv-03775-DWD (S.D. Ill.), the Hon. Judge David w. Dugan entered an order that: -- Claim 1 of the Complaint survives against the Defendants J. Crane, Alissa Dearmond, N. Florence, N. Yusuf, and M. Moldenhauer, Claim 2 survives against Kelly Pierce, Anthony Wills and Angela Crain, Claim 3 survives against Wexford, and Claim 4 survives against J. Crane, Alissa Dearmond, N. Yusuf, and N. Florence, and Claim 5 survives against Defendants J. Crane, Alissa Dearmond, N. Florence, N. Yusuf, M. Moldenhauer, Anthony Wills, Angela Crain, and Wexford. -- By contrast, Claim 1 is dismissed as insufficient against Nurse Reva, Nurse Suzie and Nicole Brand, Claim 2 is dismissed as insufficient against Clara Richmond, DeAnna Kink, and Rob Jeffreys, and Claim 5 is dismissed as insufficient against Nurse Reva, Nurse Suzie, Nicole Brand, Clara Richmond, DeAnna Kink, and Rob Jeffreys. The Clerk of Court is directed to: -- terminate Defendants Nurse Reva, Nurse Suzie,Nicole Brand, Clara Richmond, DeAnna Kink, and Rob Jeffreys, for failure to state a Claim; -- prepare for Defendants: J. Crane, Alissa Dearmond, N. Florence, N. Yusuf, M. Moldenhauer, Kelly Pierce, Angela Crain, Anthony Wills and Wexford Health Sources, Inc.: (1) Form 5 (Notice of a Lawsuit and Request to Waive Service of a Summons), and (2) Form 6 (Waiver of Service of Summons); -- mail these forms, a copy of the Complaint, and this Memorandum and Order to Defendants' place of employment as identified by Plaintiff. -- enter the standard HIPAA Order in this case because it will involve the exchange of medical records. The Plaintiff's Motion for Counsel is denied without prejudice. The Plaintiff's motion for class certification is also denied. The Plaintiff Keith Allen, an inmate of the Illinois Department of Corrections (IDOC) currently detained at Menard Correctional Center (Menard), brings this civil rights action pursuant to 42 U.S.C. section 1983 for alleged deprivations of his constitutional rights. Wexford is an American healthcare services company. A copy of the Court's memorandum and order dated Jan. 26, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=dlqqMH at no extra charge.[CC] WOLVERINE WORLD: Palacios Suit Removed from Sup. Ct. to C.D. Cal. ----------------------------------------------------------------- The class action lawsuit captioned as MARIELITA PALACIOS, individually and on behalf of all others similarly situated v. WOLVERINE WORLD WIDE, INC., a Delaware company d/b/a/ WWW.ONLINESHOES.COM, Case No. 23STCV29586 (Filed Dec. 4, 2023) was removed from the Superior Court of California, County of Los Angeles, to the United States District Court for the Central District of California on Jan. 11, 2024. The California Central District Court Clerk assigned Case No. 2:24-cv-00288-WLH-SSC to the proceeding. The suit asserts violations of the California Invasion of Privacy Act, California Penal Code Section 638.51. The Complaint purports to bring claims on behalf of Plaintiff and a putative class of "All persons within the state of California who visited Defendants website within the statute of limitations period and whose privacy was violated" by the Defendant's alleged deployment of "pen register and trap and trace software" to "obtain the IP address of each visitor" to the Defendant's website, www.onlineshoes.com. Wolverine manufactures and markets branded footwear and performance leathers.[BN] The Defendant is represented by: Rebekah S. Guyon, Esq. Laura Lacarcel, Esq. GREENBERG TRAURIG, LLP 1840 Century Park East, Suite 1900 Los Angeles, CA 90067 Telephone: (310) 586-7700 Facsimile: (310) 586-7800 E-mail: GuyonR@gtlaw.com laura.lacarcel@gtlaw.com WONDERFUL COMPANY: Daly Suit Removed to N.D. Illinois ----------------------------------------------------- The case captioned as John Daly, individually and on behalf of all others similarly situated v. The Wonderful Company LLC, Case No. 2024CH00349 was removed from the Circuit Court of Cook County, Illinois, to the U.S. District Court for the Northern District of Illinois on Feb. 14, 2024. The District Court Clerk assigned Case No. 1:24-cv-01267 to the proceeding. The nature of suit is stated as Other Fraud. The Wonderful Company LLC -- https://www.wonderful.com/ -- formerly known as Roll Global, is a private corporation based in Los Angeles, California.[BN] The Plaintiff is represented by: David B. Levin, Esq. Steven Gene Perry, Esq. Todd M. Friedman, Esq. LAW OFFICES OF TODD M. FRIEDMAN. P.C. 707 Skokie Blvd., Suite 600 Northbrook, IL 60062 Phone: (224) 218-0882 Email: dlevin@toddflaw.com steven.perry@toddflaw.com tfriedman@toddflaw.com The Defendants are represented by: Elizabeth M. Chiarello, Esq. SIDLEY AUSTIN LLP One S. Dearborn Street Chicago, IL 60603 Phone: (312) 853-7000 Email: echiarello@sidley.com WYOMING MALL: Faces Rolon Suit Over Bartenders' Unpaid Wages ------------------------------------------------------------ FRANCHESCA ROLON, on behalf of herself and all others similarly situated, Plaintiff v. WYOMING MALL HIBACHI RESTAURANT INC., and DOE DEFENDANTS 1-10, Defendants, Case No. 3:24-cv-00232-KM (M.D. Pa., Feb. 7, 2024) arises from the Defendants' unlawful labor practices in violation of the Fair Labor Standards Act, the Pennsylvania Minimum Wage Act, and the Pennsylvania Wage Payment Collection Law. According to the complaint, the Defendants failed to satisfy the notice requirements of the tip credit provisions of FLSA and PMWA. Due to the Defendants' unlawful failure to properly inform tipped employees of its intention to utilize a "tip credit," Defendants have improperly applied a "tip credit" against the wages paid to Plaintiff and current and former tippled employees, thus paying them less than the mandated minimum wage. In addition, Defendants also violated applicable wage laws by enforcing a policy or practice of paying tipped employees only the tip-credit cash wage when (a) those employees were required to perform non-tipped work that was unrelated to their tipped occupation, (b) spent in excess of 20% of their time performing non-tipped work that was related to their tipped occupation, and/or spent more than thirty continuous minutes performing non-tipped work. Further, Defendants also suffered or permitted Plaintiff to work off-the-clock, and thus did not pay her for all hours worked, says the suit. Plaintiff Rolon was employed by the Defendants as a bartender. Wyoming Mall Hibachi Restaurant Inc. owns and operates a restaurant based in Pennsylvania.[BN] The Plaintiff is represented by: Edward J. Ciarimboli, Esq. FELLERMAN & CIARIMBOLI 183 Market Street, Suite 200 Kingston, PA 18704 Telephone: (570) 718-1444 Facsimile: (570) 714-7255 E-mail: ejc@fclawpc.com - and - Gerald D. Wells, III, Esq. Robert J. Gray, Esq. CONNOLLY WELLS & GRAY, LLP 101 Lindenwood Drive, Suite 225 Malvern, PA 19355 Telephone: (610) 822-3700 Facsimile: (610) 822-3800 E-mail: gwells@cwglaw.com rgray@cwglaw.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. 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