/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/240229.mbx C L A S S A C T I O N R E P O R T E R Thursday, February 29, 2024, Vol. 26, No. 44 Headlines 3M COMPANY: Lenburg Sues Over Exposure to Toxic Chemicals & Foams 3M COMPANY: Manser Sues Over Exposure to Toxic Chemicals ABRAHAMSEN GINDIN: Nitzlich Files FDCPA Suit in E.D. New York ADVANTIS GLOBAL: Fails to Secure Employees' Info, Scott Alleges AEGIS THERAPIES: Does not Properly Pay Workers, Lilya Says ALL COFFEE: Ruther Seeks to Recover Unpaid OT Wages Under FLSA ALLATA LLC: Blacknall Sues Over Failure to Pay Overtime Wages ALLIED INTERNATIONAL: Fails to Pay Guards' OT Wages, Singh Alleges ALTIMMUNE INC: Rosen Law Firm Investigates Securities Claims AMYLYX PHARMACEUTICALS: Levi & Korsinsky Announces Class Action AMYLYX PHARMACEUTICALS: Shih Sues Over 31.89% Stock Price Drop ANDOVER PROPERTIES: St. Clair & Hubbard Sue Over Wage Violations ARCHER-DANIELS-MIDLAND: Levi & Korsinsky Announces Class Action ARROWHEAD REGIONAL: Clauson Files Suit in D. Minnesota ARROWHEAD REGIONAL: Horsch Sues Over Cyberattack and Data Breach ASHLYNN MARKETING: J.J. Files Suit in S.D. California ASPEN DENTAL: Faces Suit Over Unlawful Disclosure of Sensitive Info AUSTRALIA: Sued Over Veterans' MATES Medicines Review Program AUTO MAGIC: Perez Sues Over Unlawful Labor Practices BANNER BANK: Settles Labor Class Action for $15 Million BLOOMINGDALE'S LLC: Zamani Labor Code Suit Removed to C.D. Cal. BLUEMERCURY INC: Fails to Pay Timely Wages, Cedeno Alleges CAMBER ENERGY: Faces Rowe Suit Over Breaches of Fiduciary Duties CARGILL INC: BJ's Wholesale Club Suit Transferred to D. Minnesota CARGILL INC: Gordon Food Antitrust Suit Transferred to D. Minn. CARGILL INC: Jetro Holdings Suit Moved From E.D.N.Y. to D. Minn. CARGILL INC: Quality Supply Suit Moved From E.D.N.Y. to D. Minn. CARGILL INC: Target Anti-Trust Suit Moved From E.D.N.Y. to D. Minn. CHEMOURS COMPANY: Rosen Law Investigates Securities Claims COLONIAL FIRST: Slater & Gordon Provides Update on $100M Suit Deal CONCRETE USA: Fails to Pay Proper Wages to Laborers, Bento Alleges CONTINENTAL AG: Faces Wilkerson Over Tire Replacement Overcharges CONTINENTAL AKTIENGESELLSCHAFT: Faces Torres Suit in S.D.N.Y. COOLPORT MANAGEMENT: Johnson Labor Code Suit Removed to N.D. Cal. CVS HEALTH: Druzgalski Sues Over Wrong Vaccine Administration DARTMOUTH COLLEGE: Agrees to Settle Antitrust Suit for $33.75-Mil. DICK'S SPORTING: Levi & Korsinsky Announces Securities Class Suit DIGITAL RECOGNITION: Sued Over License Plate Data Scanning E.I. DU PONT: Barr Sues Over Injury From Contaminated Water in Ohio EMBASSY SUITES: Solorio Wage-and-Hour Suit Removed to N.D. Cal. EQUINOX HOLDINGS: Martinez Sues Over Excessive Membership Fees ESSILORLUXOTTICA SA: Fathmath Sues Over Eyewear Market Monopoly EVOLV TECHNOLOGIES: Rosen Law Firm Investigates Securities Claims FESTIVAL FUN: Rodriguez Sues Over Unlawful Ticket Processing Fees FILISTIN'S POWER: Florez Sues Over Unpaid Wages and Retaliation FITBIT LLC: Website Inaccessible to Blind Users, Espinal Says FLUENCE ENERGY: Rosen Law Firm Investigates Securities Claims FLUENCE ENERGY: Rosen Law Investigates Securities Claims FORSAGE INC: Misclassifies Delivery Drivers, Revels Suit Says FUSION LEARNING: Lobaton Wage-and-Hour Suit Removed to N.D. Cal. HYWIN HOLDINGS: Rosen Law Firm Investigates Securities Claims IHG MANAGEMENT: Martinez Labor Code Suit Removed to S.D. Cal. INNODATA INC: Bids for Lead Plaintiff Deadline Set on April 22 J P FOOD: Rodenas Sues Over Restaurant Staff's Unpaid Overtime JEFFREY E. EPSTEIN: Bensky Sues Over Sex Trafficking Involvement JOHN MUIR: Hogan Wage-and-Hour Suit Removed to N.D. California JOHNSON CITY, TN: Judge Greenlights Class Action v. Police KDI CHEESE: Ramirez Balks at Mass Layoffs Without Prior Notice KIDS2 LLC: Archila Sues Over Sale of Dangerous Baby Bassinets LANE BRYANT: Elder Sues Over Caller ID Rule Violations LI ADVENTURELAND: Fails to Disclose Total Ticket Costs, Bonnot Says LIVE OAK: Fails to Pay Proper OT to Drivers, Coker Alleges LIVEFREE EMERGENCY: Traylor Sues Over Unlawful Telemarketing Calls LOANCARE LLC: Fails to Secure Personal Info, Gharibian Suit Says MARRIOTT INTERNATIONAL: Arnold Labor Suit Removed to W.D. Wash. MAXIMUS PRO SOLUTIONS: Murillo Sues Over Unpaid OT, Retaliation MEDIASTAR LIMITED: Hossain Sues Over Unprotected Personal Info MERCEDES BENZ: Faces Class Action Over Veneer Wood Trim Cracks MICROSOFT CORP: Saeedy Privacy Suit Removed to W.D. Washington MORGAN STANLEY: Doe Criminal History Law Suit Removed to D. Mass. MR. COOPER: Fails to Secure Consumers' Personal Info, Randles Says NATIONAL ASSOCIATION: Sued Over Conspiracy, Inflated Commissions NATIONSTAR MORTGAGE: M. England Sues Over Unprotected Personal Info NAVIENT SOLUTIONS: Settles TCPA Class Action for Nearly $20MM NAVY FEDERAL: NAN Founder Joins Discrimination Class Action Suit NOHO HOSPITALITY: Website Inaccessible to Blind, Hernandez Says NOONANJU INC: Portillo Sues Over Unlawful Labor Practices NOVA SOUTHEASTERN: Class Cert Bid Filing Extended to May 31 OKLAHOMA: Class Action Over v. Mental Health Department Pending OPENROAD LENDING: Briganti-Ortiz Sues Over Impermissible Inquiries ORVEON GLOBAL: Website Inaccessible to Blind Users, Fernandez Says PACIFIC MARKET: Brown Sues Over Stanley Cups' Lead Content PALO ALTO: Bronstein Gewirtz Investigates Securities Claims PERSONA IDENTITIES: Faces Parker Suit Over Collection of Biometrics PICTSWEET COMPANY: Santos Wage-and-Hour Suit Removed to C.D. Cal. PLANET HOME: Cole Sues Over Alleged Privacy Data Breach PLANET HOME: Mathis Sues Over Failure to Secure Private Info PREMIUM ELECTRIC: Faces Burgueno Wage-and-Hour Suit in Cal. Super. PROCTER AND GAMBLE: Hadden Suit Moved From N.D. Fla. to E.D.N.Y. QBE INSURANCE: Court Ordered to Send Corrective Class Action Notice R1 RCM HOLDCO: Crouse Sues Over Failure to Pay Overtime Wages REALPAGE UTILITY: Faces Reid Suit Over Bogus Utility-Based Fees REBECCA ALLEN: Bunting Sues Over Blind-Inaccessible Website RENOVARO BIOSCIENCES: Rosen Law Investigates Securities Claims SALEM COMMUNITY: Stone Class Suit Moved From N.D. Ohio to E.D.N.Y. SALESFORCE.COM INC: Simonelli Sues Over Breach of Fiduciary Duties SELECT ONE: Misclassifies Delivery Drivers, Brown Suit Says SOUTHERN ILLINOIS: Hansen Sues Over Failure to Pay Proper OT SOUTHWEST AIRLINES: Court Dismisses Securities Suit STEELSCAPE WASHINGTON: Jenkins Labor Suit Removed to W.D. Wash. SULLIVAN & CROMWELL: Garrison et al. Allege Civil Conspiracy THOUGHTWORKS HOLDING: Rosen Law Investigates Securities Claims THREE ACES: Criollo Sues Over Unpaid Minimum, Overtime Wages TRAFFIC MANAGEMENT: Carr Sues Over Work Time Rounding Practices UKG INC: Gannozzi Sues Over Failure to Secure Personal Info VALNET INC: Quintiliano Labor Suit Removed to C.D. California WALMART INC: June 5 Settlement Claims Filing Deadline Set WASTE PRO USA: Faces Marin Suit Over Unpaid Overtime Wages ZAFRAN GRILL: Faces Navarro Wage-and-Hour Suit in E.D.N.Y. ZANBOFER INC: Fails to Pay OT Wages Under FLSA, Quintanilla Says ZO SKIN HEALTH: Rhone Files ADA Suit in S.D. New York ********* 3M COMPANY: Lenburg Sues Over Exposure to Toxic Chemicals & Foams ----------------------------------------------------------------- Craig Lenburg, and other similarly situated v. 3M COMPANY (f/k/a Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE-FENWAL, INC.; KIDDE PLC; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.); Case No. 2:24-cv-00288-RMG (D.S.C., Jan. 19, 2024), is brought for damages for personal injury resulting from exposure to aqueous film-forming foams ("AFFF") containing the toxic chemicals collectively known as per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane sulfonic acid ("PFOS") and related chemicals including those that degrade to PFOA and/or PFOS. AFFF is a specialized substance designed to extinguish petroleum-based fires. It has been used for decades by military and civilian firefighters to extinguish fires in training and in response to Class B fires. The Defendants collectively designed, marketed, developed, manufactured, distributed, released, trained users, produced instructional materials, promoted, sold, and/or otherwise released into the stream of commerce AFFF with knowledge that it contained highly toxic and bio persistent PFASs, which would expose end users of the product to the risks associated with PFAS. Further, the Defendants designed, marketed, developed, manufactured, distributed, released, trained users, produced instructional materials, promoted, sold and/or otherwise handled and/or used underlying chemicals and/or products added to AFFF which contained PFAS for use in firefighting. PFAS binds to proteins in the blood of humans exposed to the material and remains and persists over long periods of time. Due to their unique chemical structure, PFAS accumulates in the blood and body of exposed individuals. PFAS are highly toxic and carcinogenic chemicals. Defendants knew, or should have known, that PFAS remain in the human body while presenting significant health risks to humans. The Defendants' PFAS-containing AFFF products were used by the Plaintiff in their intended manner, without significant change in the products' condition. Plaintiff was unaware of the dangerous properties of the Defendants' AFFF products and relied on the Defendants' instructions as to the proper handling of the products. Plaintiff's consumption, inhalation and/or dermal absorption of PFAS from Defendant's AFFF products caused Plaintiff to develop the serious medical conditions and complications alleged herein. Through this action, the Plaintiff seeks to recover compensatory and punitive damages arising out of the permanent and significant damages sustained as a direct result of exposure to the Defendants' AFFF products at various locations during the course of Plaintiff's training and firefighting activities. Plaintiff further seeks injunctive, equitable, and declaratory relief arising from the same, says the complaint. The Plaintiff regularly used, and was thereby directly exposed to, AFFF in training and to extinguish fires during his working career as a state police officer and was diagnosed with testicular cancer, prostate cancer, and thyroid disease as a result of exposure to the Defendants' AFFF products. The Defendants are designers, marketers, developers, manufacturers, distributors, releasers, instructors, promotors and sellers of PFAS containing AFFF products or underlying PFAS containing chemicals used in AFFF production.[BN] The Plaintiff is represented by: James E. Murrill, Jr., Esq. Keith Jackson, Esq. Jeremiah Mosley, Esq. RILEY & JACKSON, P.C. 3530 Independence Dr. Birmingham, AL 35209 Phone: 205-879-5000 Facsimile: 205-879-5901 3M COMPANY: Manser Sues Over Exposure to Toxic Chemicals -------------------------------------------------------- Stanley Manser, as Personal Representative/Administrator/Executor of the Estate of Joseph Emil Manser deceased, on behalf of himself v. 3M COMPANY (f/k/a Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS INC.; ALLSTAR FIRE EQUIPMENT; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BASF CORPORATION; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CB GARMENT, INC.; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DAIKIN AMERICA, INC.; DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; FIRE-DEX, LLC; FIRE SERVICE PLUS, INC.; GLOBE MANUFACTURING COMPANY LLC; HONEYWELL SAFETY PRODUCTS USA, INC.; INNOTEX CORP.; JOHNSON CONTROLS, INC.; KIDDE PLC; L.N. CURTIS & SONS; LION GROUP, INC.; MALLORY SAFETY AND SUPPLY LLC; MILIKEN & COMPANY; MINE SAFETY APPLIANCES CO., LLC; MUNICIPAL EMERGENCY SERVICES, INC.; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; PBI PERFORMANCE PRODUCTS, INC.; PERIMETER SOLUTIONS, LP; RICOCHET MANUFACTURING CO., INC; SAFETY COMPONENTS FABRIC TECHNOLOGIES, INC; SOUTHERN MILLS, INC.; STEDFAST USA, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.); VERIDIAN LIMITED; W.L. GORE & ASSOCIATES INC.; WITMER PUBLIC SAFETY GROUP; Case No. 2:24-cv-00294-RMG (D.S.C., Jan. 19, 2024), is brought for damages for personal injury resulting from exposure to aqueous film-forming foams ("AFFF") containing the toxic chemicals collectively known as per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane sulfonic acid ("PFOS") and related chemicals including those that degrade to PFOA and/or PFOS. AFFF is a specialized substance designed to extinguish petroleum-based fires. It has been used for decades by military and civilian firefighters to extinguish fires in training and in response to Class B fires. TOG is personal protective equipment designed for heat and moisture resistance in order to protect firefighters in hazardous situations. Most turnout gear is made up of a thermal liner, moisture barrier, and an outer layer. The inner layers contain PFAS, and the outer layer is often treated with additional PFAS. The Defendants collectively designed, marketed, developed, manufactured, distributed, released, trained users, produced instructional materials, promoted, sold, and/or otherwise released into the stream of commerce AFFF and or TOG with knowledge that it contained highly toxic and bio persistent PFAS, which would expose end users of the product to the risks associated with PFAS. Further, defendants designed, marketed, developed, manufactured, distributed, released, trained users, produced instructional materials, promoted, sold and/or otherwise handled and/or used underlying chemicals and/or products added to AFFF or TOG which contained PFAS for use in firefighting. PFAS binds to proteins in the blood of humans exposed to it where it remains and persists over extended periods of time. Due to their unique chemical structure, PFAS accumulates in the blood and body of exposed individuals. PFAS are highly toxic and carcinogenic chemicals. Defendants knew, or should have known, that PFAS remains in the human body while contemporaneously presenting significant health risks to humans. The Defendants' PFAS-containing AFFF or TOG products were used by Plaintiff in their intended manner, without significant change in the products' condition. Plaintiff was unaware of the dangerous properties of the Defendants' AFFF or TOG products and relied on the Defendants' instructions as to the proper handling of the products. Plaintiff's consumption, inhalation and/or dermal absorption of PFAS from Defendant's AFFF or TOG products caused Plaintiff to develop the serious medical conditions and complications alleged herein. Through this action, Plaintiff seeks to recover compensatory and punitive damages arising out of the permanent and significant damages sustained as a direct result of exposure to Defendants' AFFF or TOG products at several Fire Departments and or Military bases during Plaintiff's training and firefighting activities. Plaintiff further seeks injunctive, equitable, and declaratory relief arising from the same, says the complaint. The Plaintiff is the duly-appointed personal representative/administrator/executor of the Estate of Joseph Emil Manser who regularly used, and was thereby directly exposed to, AFFF in training and to extinguish fires during his working career as a military and/or civilian firefighter and was diagnosed with pancreatic cancer as a result of exposure to Defendants' AFFF products. Decedent's diagnosis caused and/or contributed to his death. The Defendants are designers, marketers, developers, manufacturers, distributors, releasers, instructors, promotors and sellers of PFAS containing AFFF products or underlying PFAS containing chemicals used in AFFF production.[BN] The Plaintiff is represented by: Gregory A. Cade, Esq. Gary A. Anderson, Esq. Kevin B. McKie, Esq. ENVIRONMENTAL LITIGATION GROUP, P.C. 2160 Highland Avenue South Birmingham, AL 35205 Phone: 205-328-9200 Facsimile: 205-328-9456 ABRAHAMSEN GINDIN: Nitzlich Files FDCPA Suit in E.D. New York ------------------------------------------------------------- A class action lawsuit has been filed against Abrahamsen Gindin, LLC. The case is styled as Shmuel Nitzlich, individually and on behalf of all others similarly situated v. Abrahamsen Gindin, LLC, Case No. 1:24-cv-00338-DLI-RML (E.D.N.Y., Jan. 17, 2024). The lawsuit is brought over alleged violation of the Fair Debt Collection Practices Act. Abrahamsen Gindin LLC -- https://ag-lawllc.com/ -- is a multi-state creditors' rights law firm focused in the area of consumer collections.[BN] The Plaintiff is represented by: Rami Salim, Esq. STEIN SAKS PLLC One University Plaza, Suite 620 Hackensack, NJ 07601 Phone: (201) 282-6500 Email: rsalim@steinsakslegal.com ADVANTIS GLOBAL: Fails to Secure Employees' Info, Scott Alleges --------------------------------------------------------------- KRISTIANNE SCOTT, on behalf of herself individually and on behalf of all others similarly situated v. ADVANTIS GLOBAL, LLC, Case No. 3:24-cv-00795-TSH (N.D. Cal., Feb. 9, 2024) sues the Defendant for failing to safeguard the Plaintiff's and Class Members' sensitive personal information—which they entrusted to the Defendant—due to the recent cyberattack and data breach. The PII compromised in the Data Breach included the Plaintiff's and Class Members' names and Social Security numbers, the suit claims. The Defendant also allegedly failed to provide timely and adequate notice to the Plaintiff and other Class Members that their information had been subject to the unauthorized access by an unknown third party and precisely what specific type of information was accessed. As a result of the Data Breach, the Plaintiff and approximately 5,000 Class Members, suffered invasion of privacy; theft of their PII; lost or diminished value of PII; lost time and opportunity costs associated with attempting to mitigate the actual consequences of the Data Breach; loss of benefit of the bargain; experiencing an increase in spam calls, texts, and/or emails; statutory damages; and nominal damages. Accordingly, the Plaintiff and Class Members have been exposed to a present and continuing risk of fraud and identity theft. The Plaintiff and Class Members must now and in the future closely monitor their financial accounts to guard against identity theft. The Plaintiff Scott is a former employee at Advantis who worked there from 2022 to 2023. As a condition of her employment at Advantis, she was required to supply the Defendant with her PII. Advantis is an IT staffing agency.[BN] The Plaintiff is represented by: John J. Nelson, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, LLC 402 W. Broadway, Suite 1760 San Diego, CA 92101 Telephone: (858) 209-6941 E-mail: jnelson@milberg.com AEGIS THERAPIES: Does not Properly Pay Workers, Lilya Says ---------------------------------------------------------- SHERYL LILYA, individually and on behalf of all others similarly situated, Plaintiff v. AEGIS THERAPIES, INC., Defendant, Case No. 1:24-cv-00125-UNA (D. Del., Jan. 31, 2024) is a class action against the Defendant for willful violations of the federal Fair Labor Standards Act and related Department of Labor regulations on behalf of all similarly situated current and former employees of Defendant who worked anytime in the preceding three years to the present. The complaint alleges that the Plaintiff and the similarly situated collective or class members were not paid time and one half of their regular rate pay for all hours worked in excess of 40 hours per week, nor paid a premium for all overtime hours worked. All members of the putative class were paid on an hourly rate of pay and classified by Defendant as non-exempt employees, says the suit. Plaintiff Lilya was hired by the Defendant in 2000, as a Physical Therapy Assistant and assigned to work at the Defendant's facilities located in Minnesota, including at Moose Lake Village and Augustina among others. Aegis Therapies, Inc. provides rehabilitation and wellness services.[BN] The Plaintiff is represented by: Patrick C. Gallagher, Esq. JACOBS & CRUMPLAR, P.A. 750 Shipyard Drive, Suite 200 Wilmington, DE 19801 Telephone: (302) 656-5445 Facsimile: (302) 656-5875 E-mail: pat@jcdelaw.com - and - Mitchell L. Feldman, Esq. FELDMAN LEGAL GROUP 6916 West Linebaugh Avenue, #101 Tampa, FL 33625 Telephone: (813) 639-9366 Facsimile: (813) 639-9376 E-mail: mfeldman@flandgatrialattorneys.com ALL COFFEE: Ruther Seeks to Recover Unpaid OT Wages Under FLSA -------------------------------------------------------------- ZACHARY RUTHER, on behalf of himself and all others similarly situated v. ALL COFFEE CONCEPTS SALES & SERVICE, LLC, and JOHN HAGGARD, Case No. 2:24-cv-00181-PP (E.D. Wis., Feb. 9, 2024) is a collective and class action brought pursuant to the Fair Labor Standards Act and the Wisconsin's Wage Payment and Collection Laws, seeking to recover unpaid overtime compensation, unpaid straight time (regular) and/or agreed upon wages. The Plaintiff contends that the Defendants operated an unlawful compensation system that deprived and failed to compensate the Plaintiff and all other current and former hourly-paid, non-exempt employees for all hours worked, including at an overtime rate of pay for each hour worked in excess of 40 hours in a workweek, by failing to include all forms of non-discretionary compensation, such as monetary bonuses, incentives, awards, and/or other rewards and payments, in said employees' regular rates of pay for overtime calculation purposes. The Plaintiff also seeks liquidated damages, costs, attorneys' fees, declaratory and/or injunctive relief, and/or any such other relief the Court may deem appropriate, for failing to compensate the Plaintiff for earned and/or accrued compensation during the Plaintiff's employment with the Defendants. Accordingly, the Defendants owe the Plaintiff earned and unpaid wages for work performed during the Plaintiff's employment with the Defendants and during the workweeks that comprised the time period of December 25, 2023, to January 5, 2024, and for which the Plaintiff was not properly and lawfully compensated, in the total amount of $2,934.00, in addition to liquidated damages and attorneys' fees and costs, says the suit. The Plaintiff was employed by the Defendant as an hourly-paid, non-exempt employee in the position of Technician from June 2023 to January 2024. All Coffee provides repair service of commercial coffee and espresso equipment.[BN] The Plaintiff is represented by: James A. Walcheske, Esq. Scott S. Luzi, Esq. David M. Potteiger, Esq. WALCHESKE & LUZI, LLC 235 N. Executive Drive, Suite 240 Brookfield, WI 53005 Telephone: (262) 780-1953 Facsimile: (262) 565-6469 E-mail: jwalcheske@walcheskeluzi.com sluzi@walcheskeluzi.com dpotteiger@walcheskeluzi.com ALLATA LLC: Blacknall Sues Over Failure to Pay Overtime Wages ------------------------------------------------------------- Courtney Blacknall, aka Courtney Bee, individually and on behalf of herself and all others similarly situated, Plaintiff v. Allata, LLC, Matthew Rosen, Phil Leary, Trish Webb, Defendants, Case No. 3:24-cv-00255-E (N.D. Tex., Feb. 1, 2024) is a collective action brought against the Defendants for violations of the Fair Labor Standards Act. The complaint alleges Defendants' failure to pay Plaintiff and the FLSA Collective federally mandated overtime compensation for work performed in excess of 40 hours in a workweek including but not limited to failing to include all forms of compensation in the regular rate including shift differential pay. The Plaintiff, and others similarly situated, have been employed by Defendants, either directly or indirectly at any time from four years prior to the filing of this complaint. As of the date of this complaint, the Plaintiff is still employed at Allata as executive assistant, a salaried, full-time non-exempt position. Allata, LLC, is a tech innovation consulting company.[BN] The Plaintiff is represented by: Jonathan C. Scott, Esq. JONATHAN C. SCOTT, P.C. 2200 Ross Avenue, Suite 4900W Dallas, TX 75201 Telephone: (214) 999-2901 E-mail: jonathan@jcscottpc.com ALLIED INTERNATIONAL: Fails to Pay Guards' OT Wages, Singh Alleges ------------------------------------------------------------------ SUKHPAL SINGH, on behalf of himself and a class of others similarly situated v., ALLIED INTERNATIONAL SECURITY, INC, a California Corporation; SAJID HAMEED, an individual, and DOES 1 THROUGH 50, INCLUSIVE, Case No. 24STCV03405 (Cal. Super., Feb. 9, 2024) alleges that the Defendant denied the Plaintiff proper wages for all hours worked including overtime wages and double time wages by misclassifying the Plaintiff as an independent contractor. The Plaintiff worked a substantial amount of overtime and double time, however, the Plaintiff was not paid one and one-half times his regular rate of pay for all hours worked in excess of eight hours up to and including 12 hours in any workday, and for the first eight hours worked on the seventh consecutive day of work in a workweek, the suit alleges. Furthermore, the Plaintiff was not paid double (2 times) his regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek. The Plaintiff was also required to take on duty meal breaks. Specifically, the Plaintiff was required to remain on the premises and on-duty during his shifts. When the Plaintiff worked in excess of 10 hours, the Plaintiff was not scheduled nor provided a second meal 21 break. The Defendants did not compensate the Plaintiff a meal break premium for the on-duty breaks, late lunch breaks, or the breaks that were not provided to the Plaintiff, the suit adds. The Plaintiff worked for the Defendants as an hourly paid security guard from June 1, 2023 to January 2024. Allied is a Southern California based security guard services company.[BN] The Plaintiff is represented by: Morris Nazarian, Esq. LAW OFFICES OF MORRIS NAZARIAN 1875 Century Park East, Suite 1790 Los Angeles, CA 90067 Telephone: (310) 284-7333 Facsimile: (310) 284-7332 E-mail: monazarian@yahoo.com ALTIMMUNE INC: Rosen Law Firm Investigates Securities Claims ------------------------------------------------------------ WHY: Rosen Law Firm, a global investor rights law firm, on Feb. 25 announced an investigation of potential securities claims on behalf of shareholders of Altimmune, Inc. (NASDAQ: ALT) resulting from allegations that Altimmune may have issued materially misleading business information to the investing public. SO WHAT: If you purchased Altimmune securities you may be entitled to compensation without payment of any out of pocket fees or costs through a contingency fee arrangement. The Rosen Law Firm is preparing a class action seeking recovery of investor losses. WHAT TO DO NEXT: To join the prospective class action, go to https://rosenlegal.com/submit-form/?case_id=22535 or call Phillip Kim, Esq. toll-free at 866-767-3653 or email pkim@rosenlegal.com or cases@rosenlegal.com for information on the class action. WHAT IS THIS ABOUT: On February 13, 2024, market analyst Kerrisdale Capital released a report entitled "Altimmune Inc. (ALT): Fat Chance" (the "Report"). The Report stated, among other things, that "a deeper examination of Altimmune's data reveals a drug [pemvidutide, formerly known as ALT-801] with little chance of competing against either the approved incumbents or the other GLP-1 agonists progressing through clinical trials." The Report also stated that "[b]oth semaglutide and tirzepatide (Ozempic and Mounjaro) have demonstrated superior weight-loss on a comparable basis, with the added benefit of controlling blood-sugar (which pemvidutide does not)." The Report further stated that "it gets worse: pemvidutide's tolerability is atrocious. Despite conducting a trial that offered free and unfettered weight-loss medication amidst the Ozempic social frenzy, a third of pemvidutide trial participants -- and 42% of patients taking the 2.4mg dose -- discontinued treatment." The Report summarily stated that "[t]he odds of this crew getting an edge over Novo Nordisk or Eli Lilly -- with an inferior and intolerable drug -- are slim." On this news, Altimmune's stock price fell $1.94 per share, or 18%, to close at $8.46 per share on February 13, 2024, on unusually heavy trading volume. WHY ROSEN LAW: We encourage investors to select qualified counsel with a track record of success in leadership roles. Often, firms issuing notices do not have comparable experience, resources, or any meaningful peer recognition. Many of these firms do not actually litigate securities class actions. Be wise in selecting counsel. The Rosen Law Firm represents investors throughout the globe, concentrating its practice in securities class actions and shareholder derivative litigation. Rosen Law Firm has achieved the largest ever securities class action settlement against a Chinese Company. Rosen Law Firm was Ranked No. 1 by ISS Securities Class Action Services for number of securities class action settlements in 2017. The firm has been ranked in the top 4 each year since 2013 and has recovered hundreds of millions of dollars for investors. In 2019 alone the firm secured over $438 million for investors. In 2020, founding partner Laurence Rosen was named by law360 as a Titan of Plaintiffs' Bar. Many of the firm's attorneys have been recognized by Lawdragon and Super Lawyers. Attorney Advertising. Prior results do not guarantee a similar outcome. Contact Information: Laurence Rosen, Esq. Phillip Kim, Esq. The Rosen Law Firm, P.A. 275 Madison Avenue, 40th Floor New York, NY 10016 Tel: (212) 686-1060 Toll Free: (866) 767-3653 Fax: (212) 202-3827 lrosen@rosenlegal.com pkim@rosenlegal.com cases@rosenlegal.com www.rosenlegal.com [GN] AMYLYX PHARMACEUTICALS: Levi & Korsinsky Announces Class Action --------------------------------------------------------------- If you suffered a loss on your Amylyx Pharmaceuticals, Inc. (NASDAQ:AMLX) investment and want to learn about a potential recovery under the federal securities laws, follow the link below for more information: https://zlk.com/pslra-1/amylyx-lawsuit-submission-form?prid=68012&wire=1 or contact Joseph E. Levi, Esq. via email at jlevi@levikorsinsky.com or call (212) 363-7500 to speak to our team of experienced shareholder advocates. THE LAWSUIT: A class action securities lawsuit was filed against Amylyx Pharmaceuticals, Inc. that seeks to recover losses of shareholders who were adversely affected by alleged securities fraud between November 11, 2022 and November 8, 2023. CASE DETAILS: The filed complaint alleges that defendants made false statements and/or concealed that: (i) defendants had overstated commercial prospects RELYVRIO, a dual UPRBax apoptosis inhibitor composed of sodium phenylbutyrate and taurursodiol for the treatment of ALS in adults in the U.S.; (ii) patients were discontinuing treatment with RELYVRIO after six months; (iii) the rate at which new patients were starting treatment with RELYVRIO was decreasing; (iv) accordingly, defendants had also overstated RELYVRIO's prescription rate; (v) defendants attempted to hide the foregoing negative trends from investors and the market by blocking analysts from viewing RELYVRIO's prescription data; and (vi) as a result, defendants' public statements were materially false and misleading at all relevant times. WHAT'S NEXT? If you suffered a loss in Amylyx stock during the relevant time frame - even if you still hold your shares - go to https://zlk.com/pslra-1/amylyx-lawsuit-submission-form?prid=68012&wire=1 to learn about your rights to seek a recovery. There is no cost or obligation to participate. WHY LEVI & KORSINSKY: Over the past 20 years, Levi & Korsinsky LLP has established itself as a nationally-recognized securities litigation firm that has secured hundreds of millions of dollars for aggrieved shareholders and built a track record of winning high-stakes cases. The firm has extensive expertise representing investors in complex securities litigation and a team of over 70 employees to serve our clients. For seven years in a row, Levi & Korsinsky has ranked in ISS Securities Class Action Services' Top 50 Report as one of the top securities litigation firms in the United States. Attorney Advertising. Prior results do not guarantee similar outcomes. CONTACT: Levi & Korsinsky, LLP Joseph E. Levi, Esq. Ed Korsinsky, Esq. 33 Whitehall Street, 17th Floor New York, NY 10004 jlevi@levikorsinsky.com Tel: (212) 363-7500 Fax: (212) 363-7171 https://zlk.com/ [GN] AMYLYX PHARMACEUTICALS: Shih Sues Over 31.89% Stock Price Drop -------------------------------------------------------------- OLIVER SHIH, individually and on behalf of all others similarly situated v. AMYLYX PHARMACEUTICALS, INC., JOSHUA B. COHEN, JUSTIN B. KLEE, JAMES M. FRATES, and MARGARET OLINGER, Case No. 1:24-cv-00988 (S.D.N.Y., Feb. 9, 2024) is a federal securities class action on behalf of a class consisting of all persons and entities other than the Defendants that purchased or otherwise acquired Amylyx securities between November 11, 2022 and November 8, 2023, both dates inclusive, seeking to recover damages caused by the Defendants' violations of the federal securities laws and to pursue remedies under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder, against the Company and certain of its top officials. On September 29, 2022, Amylyx announced that it had received FDA approval for AMX0035 for the treatment of ALS in adults in the U.S. under the commercial name RELYVRIO. The Plaintiff alleges that the Defendants made materially false and misleading statements regarding the Company's business, operations, and prospects. Specifically, the Defendants failed to disclose that the Defendants had overstated RELYVRIO's commercial prospects; patients were discontinuing treatment with RELYVRIO after six months; and the rate at which new patients were starting treatment with RELYVRIO was decreasing. On November 9, 2023, Amylyx issued a press release announcing its third quarter 2023 financial results, including Q3 GAAP earnings per share ("EPS") of $0.30, missing consensus estimates by $0.12. Also on November 9, 2023, Investor's Business Daily published an article addressing the Company's disappointing financial results. Following these disclosures and the publication of the IBD Article, Amylyx's stock price fell $5.74 per share, or 31.89%, to close at $12.26 per share on November 9, 2023. As a result of the Defendants' wrongful acts and omissions, and the precipitous decline in the market value of the Company's securities, the Plaintiff and other Class members have suffered significant losses and damages, the lawsuit asserts. The Plaintiff acquired Amylyx securities at artificially inflated prices during the Class Period and was damaged upon the revelation of the alleged corrective disclosures. Amylyx is a commercial-stage biotechnology company that engages in the discovery and development of treatments for amyotrophic lateral sclerosis (“ALS”), also known as Lou Gehrig’s disease, and other neurodegenerative diseases. [BN] The Plaintiff is represented by: Jeremy A. Lieberman, Esq. J. Alexander Hood II, Esq. James M. LoPiano, Esq. POMERANTZ LLP 600 Third Avenue, 20th Floor New York, NY 10016 Telephone: (212) 661-1100 Facsimile: (917) 463-1044 E-mail: jalieberman@pomlaw.com ahood@pomlaw.com jlopiano@pomlaw.com ANDOVER PROPERTIES: St. Clair & Hubbard Sue Over Wage Violations ---------------------------------------------------------------- CODY ST. CLAIR and ANDRE FOSTER-HUBBARD, on behalf of themselves and all others similarly situated, Plaintiffs v. ANDOVER PROPERTIES, LLC, d/b/a STORAGE KING USA, Defendant, Case No. 1:24-cv-01185 (S.D.N.Y., February 16, 2024) accuses the Defendant of violating the Fair Labor Standards Act by depriving Plaintiffs of earned overtime compensation. One of the Plaintiffs, Cody St. Clair was employed by Defendant as a non-exempt, hourly-paid assistant property manager in Denton and Wylie, TX, from approximately June 2021 to September 2021. To accomplish the work assigned by Defendant, St. Clair regularly worked more than 40 hours per work week. However, Defendant failed to pay St. Clair and the other similarly situated hourly-paid managers for all time worked, including overtime hours, in violation of the FLSA. Allegedly, Defendant has a common, uniform, and widespread policy and practice which discouraged Managers from reporting overtime hours, that is, any hours over 40 in an individual work week, says the suit. Andover Properties, LLC is a New York limited liability corporation that owns, operates and manages storage facilities in 18 states across the country. It operates under the Storage King USA brand. [BN] The Plaintiffs are represented by: Michael Palitz, Esq. SHAVITZ LAW GROUP, P.A. 477 Madison Ave., 6th Floor New York, NY, 10022 Telephone: (800) 616-4000 E-mail: mpalitz@shavitzlaw.com - and - Gregg I. Shavitz, Esq. Alan L. Quiles, Esq. SHAVITZ LAW GROUP, P.A. 951Yamato Road, Suite 285 Boca Raton, FL, 33431 E-mail: gshavitz@shavitzlaw.com aquiles@shavitzlaw.com ARCHER-DANIELS-MIDLAND: Levi & Korsinsky Announces Class Action --------------------------------------------------------------- If you suffered a loss on your Archer-Daniels-Midland Company (NYSE:ADM) investment and want to learn about a potential recovery under the federal securities laws, follow the link below for more information: https://zlk.com/pslra-1/archer-daniels-midland-company-lawsuit-submission-form?prid=68042&wire=1 or contact Joseph E. Levi, Esq. via email at jlevi@levikorsinsky.com or call (212) 363-7500 to speak to our team of experienced shareholder advocates. THE LAWSUIT: A class action securities lawsuit was filed against Archer-Daniels-Midland Company that seeks to recover losses of shareholders who were adversely affected by alleged securities fraud between April 30, 2020 and January 22, 2024. CASE DETAILS: According to the filed complaint, defendants made false and/or misleading statements and/or failed to disclose material facts about the performance and prospects of ADM's Nutrition segment and its accounting practices. Specifically, defendants made positive statements about the Nutrition segment as a future profit-driver for the Company, with the ability to capitalize on healthier eating trends and rising consumer demand for natural ingredients and flavoring. Defendants also created the impression that the Nutrition segment's growth would provide more diversification and earnings stability for ADM. WHAT'S NEXT? If you suffered a loss in ADM stock during the relevant time frame -- even if you still hold your shares -- go to https://zlk.com/pslra-1/archer-daniels-midland-company-lawsuit-submission-form?prid=68042&wire=1 to learn about your rights to seek a recovery. There is no cost or obligation to participate. WHY LEVI & KORSINSKY: Over the past 20 years, Levi & Korsinsky LLP has established itself as a nationally-recognized securities litigation firm that has secured hundreds of millions of dollars for aggrieved shareholders and built a track record of winning high-stakes cases. The firm has extensive expertise representing investors in complex securities litigation and a team of over 70 employees to serve our clients. For seven years in a row, Levi & Korsinsky has ranked in ISS Securities Class Action Services' Top 50 Report as one of the top securities litigation firms in the United States. Attorney Advertising. Prior results do not guarantee similar outcomes. CONTACT: Levi & Korsinsky, LLP Joseph E. Levi, Esq. Ed Korsinsky, Esq. 33 Whitehall Street, 17th Floor New York, NY 10004 jlevi@levikorsinsky.com Tel: (212) 363-7500 Fax: (212) 363-7171 https://zlk.com/ [GN] ARROWHEAD REGIONAL: Clauson Files Suit in D. Minnesota ------------------------------------------------------ A class action lawsuit has been filed against Arrowhead Regional Computing Consortium. The case is styled as Donald Clauson, individually and on behalf of all others similarly situated v. Arrowhead Regional Computing Consortium, Case No. 0:24-cv-00131-JMB-LIB (D. Minn., Jan. 17, 2024). The nature of suit is stated as Other P.I. for Personal Injury. Arrowhead Regional Computing Consortium (ARCC) -- https://www.arcc.org/ -- aims to provide services, deliver training, and promote innovation to support our regions school districts.[BN] The Plaintiff is represented by: Amy Celeste Baughman, Esq. Kimberlee Sue Ullner, Esq. SB2, INC 1426 N. 3rd Street, Suite 120 Harrisburg, PA 17110 Phone: (843) 359-1095 Email: abaughman@sb2inc.com kullner@sb2inc.com ARROWHEAD REGIONAL: Horsch Sues Over Cyberattack and Data Breach ---------------------------------------------------------------- Matthew Horsch, individually and on behalf of all others similarly situated v. Arrowhead Regional Computing Consortium, Case No. 0:24-cv-00143-JMB-LIB (D. Minn., Jan. 18, 2024), is brought arising out of the recent targeted cyberattack and data breach on February 6, 2023 ("Data Breach") on Defendant's network that resulted in unauthorized access to individuals' sensitive personal information. As a result of the Data Breach, Plaintiff and approximately 65,010 Class Members1 suffered ascertainable losses in the form of the loss of the benefit of their bargain, out-of-pocket expenses and the value of their time reasonably incurred to remedy or mitigate the effects of the attack. In addition, Plaintiff's and Class Members' sensitive personal information--which was entrusted to Defendant and its officials and agents--was compromised and unlawfully accessed due to the Data Breach. The Defendant's inadequate cybersecurity measures enabled an unauthorized third party to gain access to Defendant's network and obtain Plaintiff's and Class Members' Private Information, including their names, health insurance information, medical information, and Social Security numbers. The Defendant maintained the Private Information in a reckless and negligent manner. In particular, the Private Information was maintained on Defendant's computer system and network in a condition vulnerable to cyberattacks. Upon information and belief, the mechanism of the cyberattack and potential for improper disclosure of Plaintiff's and Class Members' Private Information was a known risk to Defendant, and thus Defendant was on notice that failing to take steps necessary to secure the Private Information from those risks left that property in a dangerous condition. The Plaintiff's and Class Members' identities are now at risk because of Defendant's negligent conduct since the Private Information that Defendant collected and maintained is now in the hands of data thieves, says the complaint. The Plaintiff received a data breach notice letter dated January 11, 2024 informing him that his Private Information, such as his name and Social Security number had been impacted by the Data Breach. ARCC is a Minnesota company that provides payroll services and student information systems to more than 50 school districts in Minnesota.[BN] The Plaintiff is represented by: Nathan D. Prosser, Esq. Lindsey L. Larson, Esq. HELLMUTH & JOHNSON PLLC 8050 West 78th Street Edina, MN 55439 Phone: (952) 746-2124 Email: nprosser@hjlawfirm.com llabellelarson@hjlawfirm.com - and - Gary M. Klinger, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, LLC 227 W. Monroe St., Suite 2100 Chicago, IL 60606 Phone: (866) 252-0878 Email: gklinger@milberg.com ASHLYNN MARKETING: J.J. Files Suit in S.D. California ----------------------------------------------------- A class action lawsuit has been filed against Ashlynn Marketing Group, Inc. The case is styled as J.J., C.D., individually and on behalf of all others similarly situated v. Ashlynn Marketing Group, Inc. doing business as Imperial Smoke, Case No. 3:24-cv-00311-GPC-MSB (S.D. Cal., Feb. 16, 2024). The nature of suit is stated as Other Fraud. Ashlynn Marketing Group, Inc. doing business as Imperial Smoke has been dedicated to the E-Cig industry for more than 5 years.[BN] The Plaintiff is represented by: Christian Schreiber, Esq. Monique Olivier, Esq. OLIVIER & SCHREIBER LLP 475 14th Street, Suite 250 Oakland, CA 94612 Phone: (415) 484-0980 Fax: (415) 658-7758 Email: christian@os-legal.com monique@os-legal.com ASPEN DENTAL: Faces Suit Over Unlawful Disclosure of Sensitive Info ------------------------------------------------------------------- C.C., K.F., C.M., A.O., A.H. and C.A., individually and on behalf of all others similarly situated, Plaintiffs, v. ASPEN DENTAL MANAGEMENT, INC., Defendant, Case No. 1:24-cv-01353 (N.D. Ill., February 16, 2024) arises out of the Defendant's unlawful collection and disclosure of private information and illegal interception of user and patient sensitive communications. The Plaintiffs assert claims for negligence, invasion of privacy, unjust enrichment, breach of implied contract, and for violations of the Electronic Communications Privacy Act, the Illinois Consumer Fraud and Deceptive Business Practices Act, the California Invasion of Privacy Act, the California Confidentiality of Medical Information Act, the Unfair Competition Law, the California Consumers Legal Remedies Act, the Florida Security of Communications Act, the Massachusetts Consumer Protection Act, the Massachusetts Wiretap Act, and the Pennsylvania Wiretapping Act. The users of Aspen's Website understandably thought that they were communicating only with their trusted healthcare provider but, in reality, Aspen installed tracking pixels and other technologies on its Website in order to collect and disclose confidential Private Information to third parties such as Facebook, Google (via Google Tag Manager, Google DoubleClick Ads, and Google Analytics), Bing, Salesforce and other marketing data brokers including AdRoll, Analyze.ly, AppNexus, Invoca, The Trade Desk and Qualtrics, says the suit. Headquartered in Chicago, IL, Aspen Dental Management, Inc. is an American dental support organization that provides business support services to dentists, ranging from practice consulting to total practice management. Its brand--Aspen Dental--has more than 900 locations across 48 states and the Aspen Dental network serves 35,000 patients a day. [BN] The Plaintiffs are represented by: David S. Almeida, Esq. Britany A. Kabakov, Esq. ALMEIDA LAW GROUP LLC 849 W. Webster Avenue Chicago, IL 60614 Telephone: (312) 576-3024 E-mail: david@almeidalawgroup.com britany@almeidalawgroup.com AUSTRALIA: Sued Over Veterans' MATES Medicines Review Program ------------------------------------------------------------- Rachel Fieldhouse, writing for Australian Doctor, reports that a lawyer working on a potential class action against a Department of Veterans' Affairs medicines review program says patients did not realise their health data were being shared with researchers. The Veterans' Medicines Advice and Therapeutic Education Service (Veterans' MATES) was shut down by the Federal Government last week after the department's independent Human Research Ethics Committee withdrew ethics approval. [GN] AUTO MAGIC: Perez Sues Over Unlawful Labor Practices ---------------------------------------------------- JOSE PEREZ, on behalf of himself and other similarly situated employees, Plaintiff v. AUTO MAGIC COLLISION, INC. and STEVEN HAGERMAN, individually, Defendants, Case No. 1:24-cv-00724 (E.D.N.Y., Feb. 1, 2024) arises from the Defendants' violations of the Fair Labor Standards Act, the New York Labor Law, and related provisions from Title 12 of New York Codes, Rules, and Regulations. The complaint alleges the Defendants' failure to pay minimum wages, failure to provide notice at time of hiring, and failure to provide accurate wage statements. In connection therewith, Plaintiff seeks compensatory damages, liquidated damages, pre-judgment and post-judgment interest, and attorneys' fees and costs pursuant to the FLSA and NYLL. The Plaintiff worked from approximately February 17, 2023, until January 23, 2024. He was employed without interruption by Defendants at their Brooklyn, New York facility, where Plaintiff's duties include being a mechanic. Auto Magic Collision, Inc. is an auto body shop.[BN] The Plaintiff is represented by: Lina Stillman, Esq. STILLMAN LEGAL P.C. 42 Broadway, 12th Floor New York, NY 10004 Telephone: (212) 203-2417 BANNER BANK: Settles Labor Class Action for $15 Million ------------------------------------------------------- In a landmark decision, Banner Bank has agreed to a $15 million settlement with 252 mortgage loan officers from Washington, Oregon, California, and Idaho marking the conclusion of a seven-year legal battle over unpaid overtime wages. This settlement, approved by the Honorable Robert S. Lasnik of the U.S. District Court in Seattle, is a significant victory for workers' rights and fair labor practices. Empowering Workers and Setting a New Precedent This victory is more than just financial compensation; it's a beacon of hope for employees everywhere fighting against wage theft. The settlement not only acknowledges the hard work and dedication of the mortgage loan officers but also enforced significant changes in Banner Bank's employment practices, helping to ensure fair compensation for all employees moving forward. As Judge Lasnik stated: "[T]he litigation generated benefits to the class that are not captured in the cash settlement the members will receive. Each class member stands to recover thousands, if not tens of thousands, in unpaid overtime wages, and the litigation prompted 2017 changes in defendant's practices and procedures that improved the chances that class member work would be recorded and compensated." And the District Court also noted: "The representation of the class was dogged, skilled, unwavering, strategic, and thorough throughout seven years of hard-fought litigation." Indeed, the litigation prompted Banner Bank to change its practices and procedures. This outcome not only benefits the plaintiffs financially but also leads to systemic changes within the bank, potentially affecting future employment and payroll practices. The Journey to Justice The road to this settlement was fraught with challenges, including navigating the complexities of class action litigation across multiple states, corporate mergers, and extensive legal hurdles. Despite these obstacles, the determination of the class representatives and the unwavering support of their legal team led to a resolution that not only compensates the affected workers but also institutes critical changes in Banner Bank's operational procedures. A Message Loud and Clear "The settlement sends a powerful message across the banking industry: wage theft will not be tolerated," said Scott Blankenship, lead counsel for the class. "Our fight over the past seven years underscores the importance of protecting workers' rights and ensuring that hardworking Americans are fairly compensated for their labor." According to California Class Representative Michael Manfredi who has worked in the industry for more than two decades, "This is a fantastic result for me and the other class members. But I sincerely hope this sends a message loud and clear. Big banks need to pay employees what they are owed. Sadly, this is the tip of the iceberg. These practices run rampant in the banking industry and the time for change is long overdue." Statistics and reports support the fact that wage theft is widespread and endemic. The Economic Policy Institute reported more than $3 billion in stolen wages were recovered for workers by the U.S. Department of Labor, state departments of labor, and attorneys general, through class and collective actions between 2017 and 2020. In California, more than 19,000 workers filed claims with the state alleging wage theft totaling more than $338 million, according to data from the Labor Commissioner data in 2022. About Banner Bank Banner Bank is publicly traded on NASDAQ as Banner Corp., (banr). It is headquartered in Walla Walla, Washington, and has been in operation since 1890. Following its merger with AmericanWest Bank in 2015, Banner has continued to provide a wide range of banking services, focusing on commercial real estate, construction, residential, agricultural, and consumer loans. Banner Bank's website says it has more than $15 billion in assets and locations in Washington, Oregon, California, and Idaho. About The Blankenship Law Firm The Blankenship Law Firm, PLLC, is a premier law firm based in Seattle, specializing in employment law, healthcare law, and civil rights litigation. With attorneys licensed in Washington, Oregon, and Alaska, the firm has a proven track record of representing employees in complex negotiations and litigation. For more details, visit www.blankenshiplawfirm.com. For more information, contact: Scott C. G. Blankenship The Blankenship Law Firm, PLLC sblankenship@blankenshiplawfirm.com Work (206) 343-2700 www.blankenshiplawfirm.com [GN] BLOOMINGDALE'S LLC: Zamani Labor Code Suit Removed to C.D. Cal. --------------------------------------------------------------- The case styled FARINASP ZAMANI, individually and on behalf of all others similarly situated v. BLOOMINGDALE'S, LLC, MACY'S, INC., and DOES 1 through 50, inclusive, Case No. 24STCV00738, was removed from the Superior Court of California, County of Los Angeles, to the U.S. District Court for the Central District of California on February 16, 2024. The Clerk of Court for the Central District of California assigned Case No. 2:24-cv-01325 to the proceeding. The case arises from the Defendants' alleged violations of the California Labor Code and California's Business and Professions Code including failure to pay minimum wages, failure to pay overtime wages, failure to provide rest periods, failure to provide accurate itemized wage statements, failure to pay all wages due upon separation of employment, and unfair competition. Bloomingdale's, LLC is an American luxury department store chain headquartered in New York, New York. Macy's, Inc. is an American holding company of department stores, headquartered in New York, New York. [BN] The Defendants are represented by: Michael C. Christman, Esq. MACY'S LAW DEPARTMENT 11477 Olde Cabin Road, Suite 400 St. Louis, MO 63141 Telephone: (314) 342-6334 Facsimile: (314) 342-6366 E-mail: michael.christman@macys.com BLUEMERCURY INC: Fails to Pay Timely Wages, Cedeno Alleges ---------------------------------------------------------- MADELEINE CEDENO, individually and on behalf of all others similarly situated, Plaintiff v. BLUEMERCURY, INC., Defendant, Case No. 1:24-cv-01186 (S.D.N.Y., February 16, 2024) arises from the Defendant's failure to pay manual workers with timely wages in violation of the New York Labor Law by paying its manual workers every other week rather than on a weekly basis. From approximately June 2016 to November 2017, the Plaintiff was employed by Defendant as a Sales Associate at a Bluemercury store in New York, New York. More than 25% of Plaintiff's job responsibilities at Bluemercury included manual labor requiring frequent stocking and inventory of the sales floor and back of house, as well as unloading and unpacking shipments and merchandise. Based in Washington, DC, Bluemercury, Inc. is a Delaware corporation that owns and operates a chain of Bluemercury retail stores. [BN] The Plaintiff is represented by: Yitzchak Kopel, Esq. Alec M. Leslie, Esq. BURSOR & FISHER, P.A 1330 Avenue of the Americas New York, NY 10019 Telephone: (646) 837-7150 Facsimile: (212) 989-9163 E-mail: ykopel@bursor.com aleslie@bursor.com CAMBER ENERGY: Faces Rowe Suit Over Breaches of Fiduciary Duties ---------------------------------------------------------------- LAWRENCE ROWE, individually and on behalf of all others similarly situated v. JAMES A. DORIS and CAMBER ENERGY, INC., Case No. 4:24-cv-00489 (S.D. Tex., Feb. 9, 2024) is a class action complaint against James A. Doris for fraudulently and knowingly breaching his fiduciary duties to the Company's unaffiliated stockholders, and against Camber Energy for aiding and abetting the foregoing breaches of fiduciary duty by Doris. The Plaintiff's claims arise in connection with the merger between Viking and Camber. The Defendant Doris -- who was on both sides of the Merger because he was the CEO, President, and a director of both Viking and Camber -- executed a scheme to grant himself a substantial portion of the Company's equity at the expense of all other stockholders, the lawsuit asserts. In particular, the Defendant Doris secured special treatment for his Viking Series C shares by arranging the transaction to convert those shares into newly-issued Camber Series A Convertible Preferred Stock, which possessed orders of magnitude greater economic value. On June 13, 2023, the Defendant Doris and the other members of the Viking Board authorized the filing of a materially incomplete, misleading, and fraudulent joint proxy statement/prospectus with the U.S. Securities and Exchange Commission. On July 20, 2023, at the special meeting of Viking shareholders, approximately 1,137,750,817 votes were cast to approve the Merger. However, of those votes, over a billion were allegedly cast by the Defendant Doris through his preferred shares. On August 1, 2023, the Merger was completed, with Viking becoming a wholly owned subsidiary of Camber. Between April 18, 2023 and August 1, 2023, Camber's stock price declined from $1.62 to $0.89. Since the Merger closed, the price of Camber stock has gone from $0.81 on August 3, 2023 to $0.16 as of February 9, 2024. The trading price of Viking common stock as of July 31, 2023, the day before the Merger was completed, was $0.81. In sum, the Merger allowed Camber to avoid being delisted from the NYSE and capture Viking's business value for itself and other insiders, and allowed Doris to substantially increase his claims upon the combined company's common equity and economic value, all to the detriment of Viking's unaffiliated minority stockholders, who suffered damages by having their Viking stock exchanged for inadequate consideration, says the suit. Plaintiff Lawrence Rowe was the owner of Viking common stock. Camber is a growth-oriented diversified energy company.[BN] The Plaintiff is represented by: Juan E. Monteverde, Esq. MONTEVERDE & ASSOCIATES PC 350 Fifth Avenue, Suite 4740 New York, NY 10118 Telephone: (212) 971-1341 Facsimile: (212) 202-7880 E-mail: jmonteverde@monteverdelaw.com - and - Michael J. Palestina, Esq. Craig J. Geraci, Esq. KAHN SWICK & FOTI, LLC 1100 Poydras Street, Suite 960 New Orleans, LA 70163 Telephone: (504) 455-1400 E-mail: michael.palestina@ksfcounsel.com craig.geraci@ksfcounsel.com CARGILL INC: BJ's Wholesale Club Suit Transferred to D. Minnesota ----------------------------------------------------------------- The case styled BJ'S WHOLESALE CLUB, INC., on behalf of itself and all others similarly situated v. CARGILL, INC., et al., Case No. 1:23-cv-09588, was transferred from the U.S. District Court for the Eastern District of New York to the U.S. District Court for the District of Minnesota on February 16, 2024. The Clerk of Court for the District of Minnesota assigned Case No. 0:24-cv-00421-JRT-JFD to the proceeding. The case arises from the Defendants' alleged engagement in a contract, combination, or conspiracy in restraint of trade or commerce in violation of Section 1 of the Sherman Act. BJ's Wholesale Club, Inc. is an American membership-only warehouse club chain based in Marlborough, Massachusetts. Cargill, Inc. is an American global food corporation based in Minnetonka, Minnesota. [BN] The Plaintiff is represented by: Philip J. Iovieno, Esq. Nicholas A. Gravante, Jr., Esq. Lawrence S. Brandman, Esq. Jack G. Stern, Esq. Mark A. Singer, Esq. Justin V. Arborn, Esq. CADWALADER WICKERSHAM & TAFT LLP 200 Liberty Street New York, NY 10281 Telephone: (212) 504-6000 Facsimile: (212) 504-6666 E-mail: philip.iovieno@cwt.com nicholas.gravante@cwt.com lawrence.brandman@cwt.com jack.stern@cwt.com mark.singer@cwt.com justin.arborn@cwt.com CARGILL INC: Gordon Food Antitrust Suit Transferred to D. Minn. --------------------------------------------------------------- The case styled GORDON FOOD SERVICE, INC., et al., on behalf of themselves and all others similarly situated v. CARGILL, INC., et al., Case No. 1:23-cv-09587, was transferred from the U.S. District Court for the Eastern District of New York to the U.S. District Court for the District of Minnesota on February 16, 2024. The Clerk of Court for the District of Minnesota assigned Case No. 0:24-cv-00420-JRT-JFD to the proceeding. The case arises from the Defendants' alleged engagement in a contract, combination, or conspiracy in restraint of trade or commerce in violation of Section 1 of the Sherman Act. Gordon Food Service, Inc. is a foodservice distributor based in Wyoming, Michigan. Cargill, Inc. is an American global food corporation based in Minnetonka, Minnesota. [BN] The Plaintiff is represented by: Philip J. Iovieno, Esq. Nicholas A. Gravante, Jr., Esq. Lawrence S. Brandman, Esq. Jack G. Stern, Esq. Mark A. Singer, Esq. Justin V. Arborn, Esq. CADWALADER WICKERSHAM & TAFT LLP 200 Liberty Street New York, NY 10281 Telephone: (212) 504-6000 Facsimile: (212) 504-6666 E-mail: philip.iovieno@cwt.com nicholas.gravante@cwt.com lawrence.brandman@cwt.com jack.stern@cwt.com mark.singer@cwt.com justin.arborn@cwt.com CARGILL INC: Jetro Holdings Suit Moved From E.D.N.Y. to D. Minn. ---------------------------------------------------------------- The case styled JETRO HOLDINGS, LLC, on behalf of itself and all others similarly situated v. CARGILL, INC., et al., Case No. 1:23-cv-09582, was transferred from the U.S. District Court for the Eastern District of New York to the U.S. District Court for the District of Minnesota on February 16, 2024. The Clerk of Court for the District of Minnesota assigned Case No. 0:24-cv-00418-JRT-JFD to the proceeding. The case arises from the Defendants' alleged engagement in a contract, combination, or conspiracy in restraint of trade or commerce in violation of Section 1 of the Sherman Act. Jetro Holdings, LLC is a company that operates cash and carry foodservice warehouses, headquartered in New York. Cargill, Inc. is an American global food corporation based in Minnetonka, Minnesota. [BN] The Plaintiff is represented by: Philip J. Iovieno, Esq. Nicholas A. Gravante, Jr., Esq. Lawrence S. Brandman, Esq. Jack G. Stern, Esq. Mark A. Singer, Esq. Justin V. Arborn, Esq. Elizabeth R. Moore, Esq. CADWALADER WICKERSHAM & TAFT LLP 200 Liberty Street New York, NY 10281 Telephone: (212) 504-6000 Facsimile: (212) 504-6666 E-mail: philip.iovieno@cwt.com nicholas.gravante@cwt.com lawrence.brandman@cwt.com jack.stern@cwt.com mark.singer@cwt.com justin.arborn@cwt.com elizabeth.moore@cwt.com CARGILL INC: Quality Supply Suit Moved From E.D.N.Y. to D. Minn. ---------------------------------------------------------------- The case styled QUALITY SUPPLY CHAIN CO-OP, INC., on behalf of itself and all others similarly situated v. CARGILL, INC., et al., Case No. 1:23-cv-09581, was transferred from the U.S. District Court for the Eastern District of New York to the U.S. District Court for the District of Minnesota on February 16, 2024. The Clerk of Court for the District of Minnesota assigned Case No. 0:24-cv-00417-JRT-JFD to the proceeding. The case arises from the Defendants' alleged engagement in a contract, combination, or conspiracy in restraint of trade or commerce in violation of Section 1 of the Sherman Act. Quality Supply Chain Co-Op, Inc. is an American retail corporation that operates a chain of restaurants, headquartered in Ohio. Cargill, Inc. is an American global food corporation based in Minnetonka, Minnesota. [BN] The Plaintiff is represented by: Philip J. Iovieno, Esq. Nicholas A. Gravante, Jr., Esq. Lawrence S. Brandman, Esq. Jack G. Stern, Esq. Mark A. Singer, Esq. Justin V. Arborn, Esq. Elizabeth R. Moore, Esq. CADWALADER WICKERSHAM & TAFT LLP 200 Liberty Street New York, NY 10281 Telephone: (212) 504-6000 Facsimile: (212) 504-6666 E-mail: philip.iovieno@cwt.com nicholas.gravante@cwt.com lawrence.brandman@cwt.com jack.stern@cwt.com mark.singer@cwt.com justin.arborn@cwt.com elizabeth.moore@cwt.com CARGILL INC: Target Anti-Trust Suit Moved From E.D.N.Y. to D. Minn. ------------------------------------------------------------------- The case styled TARGET CORPORATION, on behalf of itself and all others similarly situated v. CARGILL, INC., et al., Case No. 1:23-cv-09586, was transferred from the U.S. District Court for the Eastern District of New York to the U.S. District Court for the District of Minnesota on February 16, 2024. The Clerk of Court for the District of Minnesota assigned Case No. 0:24-cv-00419-JRT-JFD to the proceeding. The case arises from the Defendants' alleged engagement in a contract, combination, or conspiracy in restraint of trade or commerce in violation of Section 1 of the Sherman Act. Target Corporation is an American retail corporation that operates a chain of discount department stores and hypermarkets, headquartered in Minneapolis, Minnesota. Cargill, Inc. is an American global food corporation based in Minnetonka, Minnesota. [BN] The Plaintiff is represented by: Philip J. Iovieno, Esq. CADWALADER WICKERSHAM & TAFT LLP 200 Liberty Street New York, NY 10281 Telephone: (212) 504-6868 E-mail: philip.iovieno@cwt.com CHEMOURS COMPANY: Rosen Law Investigates Securities Claims ---------------------------------------------------------- WHY: Rosen Law Firm, a global investor rights law firm, announced an investigation of potential securities claims on behalf of shareholders of The Chemours Company (NYSE: CC) resulting from allegations that Chemours may have issued materially misleading business information to the investing public. SO WHAT: If you purchased Chemours securities you may be entitled to compensation without payment of any out of pocket fees or costs through a contingency fee arrangement. The Rosen Law Firm is preparing a class action seeking recovery of investor losses. WHAT TO DO NEXT: To join the prospective class action, go to https://rosenlegal.com/submit-form/?case_id=22563 or call Phillip Kim, Esq. toll-free at 866-767-3653 or email pkim@rosenlegal.com or cases@rosenlegal.com for information on the class action. WHAT IS THIS ABOUT: On February 13, 2024, after market hours, Chemours issued a press release announcing it had "postponed the release of its financial results and conference call related to the fourth quarter and full year ended December 31, 2023." Further, Chemours stated that it "is delaying the release of financial results and the conference call because it needs additional time to complete its year-end reporting process. The Company is evaluating its internal control over financial reporting as of December 31, 2023 with respect to maintaining effective controls related to information and communications." On this news, Chemours' stock fell $3.85 per share, or 12.6%, to close at $26.64 per share on February 14, 2024. WHY ROSEN LAW: We encourage investors to select qualified counsel with a track record of success in leadership roles. Often, firms issuing notices do not have comparable experience, resources, or any meaningful peer recognition. Many of these firms do not actually litigate securities class actions. Be wise in selecting counsel. The Rosen Law Firm represents investors throughout the globe, concentrating its practice in securities class actions and shareholder derivative litigation. Rosen Law Firm has achieved the largest ever securities class action settlement against a Chinese Company. Rosen Law Firm was Ranked No. 1 by ISS Securities Class Action Services for number of securities class action settlements in 2017. The firm has been ranked in the top 4 each year since 2013 and has recovered hundreds of millions of dollars for investors. In 2019 alone the firm secured over $438 million for investors. In 2020, founding partner Laurence Rosen was named by law360 as a Titan of Plaintiffs' Bar. Many of the firm's attorneys have been recognized by Lawdragon and Super Lawyers. Attorney Advertising. Prior results do not guarantee a similar outcome. Contact Information: Laurence Rosen, Esq. Phillip Kim, Esq. The Rosen Law Firm, P.A. 275 Madison Avenue, 40th Floor New York, NY 10016 Tel: (212) 686-1060 Toll Free: (866) 767-3653 Fax: (212) 202-3827 lrosen@rosenlegal.com pkim@rosenlegal.com cases@rosenlegal.com www.rosenlegal.com [GN] COLONIAL FIRST: Slater & Gordon Provides Update on $100M Suit Deal ------------------------------------------------------------------ InsuranceNews.com.au reports that Slater & Gordon has provided an update on a $100 million class action settlement with Colonial First State in relation to adviser commissions and fees charged to super members. "The distribution of notices of proposed settlement (court notice) began on February 9 2024, and will continue over the course of multiple days," the law firm says on its website. "The court notices have been sent via email or posted to the addresses on record with Colonial First State." The in-principle settlement was reached last year. Colonial says that in agreeing to resolve the litigation, it "continues to deny the allegations and makes no admissions of liability or wrongdoing". Slater & Gordon says the settlement was negotiated for members of Colonial First State FirstChoice Personal Super, FirstChoice Pension and FirstChoice Employer Super whose accounts were opened before June 11 2013 and who remained members after July 1 2013, and who were charged one or more management (including a component referrable to commissions) or contribution fees. [GN] CONCRETE USA: Fails to Pay Proper Wages to Laborers, Bento Alleges ------------------------------------------------------------------ ANTONIO BENTO, on his own behalf and on behalf of those similarly situated, Plaintiff v. CONCRETE USA, INC., a Florida Profit Corporation and KD CONTRUCTION, LLC., a Florida Limited Liability Company, SUFFOLK CONSTRUCTION COMPANY, INC., a Foreign Profit Corporation, Defendants, Case No. 0:24-cv-60267-XXXX (S.D. Fla., February 16, 2024) alleges violations of the Fair Labor Standards Act, the Miami-Dade County Responsible Wages Ordinance, and the Miami-Dade County Wage Theft Ordinance. From approximately September 2021 through August 1, 2023, KD, Concrete, and Suffolk employed the Plaintiff and the putative class members as general laborers, such as carpenters, sheet metal workers, foremen, and general foremen. Plaintiff Bento worked more than 40 hours per week, with an average of 50 to 60 hours worked per week. However, Defendants failed to pay proper wages to him, says the Plaintiff. Concrete USA, Inc. is a Florida Profit Corporation that operates as a personnel staffing or "temporary labor" construction company that supplies supply general laborers on a temporary/long-term basis to third-party corporate and governmental entity clients. [BN] The Plaintiff is represented by: Noah E. Storch, Esq. RICHARD CELLER LEGAL, P.A. 10368 W. State Road 84, Suite 103 Davie, FL 33324 Telephone: (866) 344-9243 Facsimile: (954) 337-2771 E-mail: noah@floridaovertimelawyer.com CONTINENTAL AG: Faces Wilkerson Over Tire Replacement Overcharges ----------------------------------------------------------------- WILKERSON FARMS ET, LLC, on behalf of itself and all others similarly situated v. CONTINENTAL AKTIENGESELLSCHAFT, et al., Case No. 1:24-cv-00970 (S.D.N.Y., Feb. 9, 2024) contends that the Defendants overcharge on new replacement tires for cars, vans, trucks, and buses purchased other than directly from the Defendants. The Defendants allegedly engaged in a self-concealing conspiracy that did not give rise to facts that would put Plaintiffs or the Class on inquiry notice that there was a conspiracy among the Defendants. Defendants also engaged in acts to conceal their conspiracy including secret communications and meetings. The Plaintiff brings this action under Section 16 of the Clayton Act to secure injunctive relief against the Defendants for violating Section 1 of the Sherman Act. The Plaintiff also brings these state law class claims on behalf of all the classes to recover actual and/or compensatory damages, double and treble damages as permitted, pre- and post-judgment interest, costs, and attorneys' fees for the injury caused by the Defendants' conduct in increasing the price of Tires. As a direct and proximate result of the Defendants' anticompetitive conduct, the Plaintiff and members of the Nationwide Class have been injured in their business or property and will continue to be injured in their business and property by paying more for Tires than they would have paid and will pay in the absence of the conspiracy. The Defendants include 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. Continental manufactures tires, automotive parts, and industrial products.[BN] The Plaintiff is represented by: Blaine Finley, Esq. CUNEO, GILBERT & LADUCA, LLP 4725 Wisconsin Ave., NW, Suite 200 Washington, DC 20016 Telephone: (202) 789-3960 E-mail: bfinley@cuneolaw.com - and - J. Barton Goplerud, Esq. Brian Marty, Esq. SHINDLER, ANDERSON, GOPLERUD & WEESE, P.C. 5015 Grand Ridge Drive, Suite 100 West Des Moines, IA 50265 Telephone: (515) 223-4567 E-mail: goplerud@sagwlaw.com marty@sagwlaw.com - and - Jon A. Tostrud, Esq. Anthony Carter, Esq. TOSTRUD LAW GROUP, P.C. 1925 Century Park East, Suite 2100 Los Angeles, CA 90067 Telephone: (310) 278-2600 E-mail: jtostrud@tostrudlaw.com acarter@tostrudlaw.com CONTINENTAL AKTIENGESELLSCHAFT: Faces Torres Suit in S.D.N.Y. ------------------------------------------------------------- MARCO A. TORRES, individually and on behalf of all others similarly situated, 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.; DOES 1-100, Defendants, Case No. 1:24-cv-01124 (S.D.N.Y., February 15, 2024) is a class action against the Defendants for violation of Section 1 of the Sherman Act. The case 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. According to the complaint, the Defendants contracted, combined and/or conspired to fix, raise, maintain, or stabilize prices for tires sold in the United States. 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. As a result of the Defendants' unlawful agreement, the Plaintiff and the Class paid supra-competitive prices for tires, says the suit. Continental Aktiengesellschaft is a tire manufacturer, with its headquarters in Hannover, Germany. Continental Tire the Americas, LLC is a tire manufacturer headquartered in Fort Mill, South Carolina. Compagnie Generale Des Etablissements is a tire manufacturer headquartered in Clermont-Ferrand, France. Michelin North America, Inc. is a tire manufacturer headquartered in Greenville, South Carolina. Nokian Tyres PLC is a tire manufacturer headquartered in Nokia, Finland. Nokian Tyres Inc. is a fully owned subsidiary of Nokian Tyres U.S. Holdings Inc. Nokian Tyres U.S. Operations LLC is a fully owned subsidiary of Nokian Tyres U.S. Holdings Inc. The Goodyear Tire & Rubber Company is a tire manufacturer headquartered in Ohio. Pirelli & C. S.p.A. is a tire manufacturer in Italy. Pirelli Tire LLC is a tire manufacturer headquartered in Georgia. Bridgestone Corporation is a tire manufacturer headquartered in Japan. Bridgestone Americas, Inc. is a tire manufacturer headquartered in Nashville, Tennessee. [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 - and - Jeffrey B. Gittleman, Esq. Meghan J. Talbot, Esq. Zachary A. Pogust, Esq. POGUST GOODHEAD, LLC 161 Washington Street, Suite 250 Conshohocken, PA 19428 Telephone: (610) 941-4204 E-mail: jgittleman@pogustgoodhead.com mtalbot@pogustgoodhead.com zpogust@pogustgoodhead.com COOLPORT MANAGEMENT: Johnson Labor Code Suit Removed to N.D. Cal. ----------------------------------------------------------------- The case styled TIMOTHY JOHNSON, individually and on behalf of all others similarly situated v. COOLPORT MANAGEMENT LLC, DREISBACH ENTERPRISES, INC., and DOES 1 through 50, inclusive, Case No. C23-02780, was removed from the Superior Court of California, County of Contra Costa, to the U.S. District Court for the Northern District of California on February 16, 2024. The Clerk of Court for the Northern District of California assigned Case No. 4:24-cv-00948-KAW to the proceeding. The case arises from the Defendants' alleged violations of the California Labor Code including failure to pay minimum wages, failure to pay overtime, failure to provide meal breaks, failure to provide rest breaks, failure to provide accurate itemized wage statements, failure to provide sick days, and failure to reimburse business expenses. Coolport Management LLC is a trucking company doing business in California. Dreisbach Enterprises, Inc. is a cold storage facility in Oakland, California. [BN] The Defendants are represented by: Scott P. Jang, Esq. JACKSON LEWIS P.C. 50 California Street, 9th Floor San Francisco, CA 94111 Telephone: (415) 394-9400 Facsimile: (415) 394-9401 E-mail: Scott.Jang@jacksonlewis.com - and - Sean M. Bothamley, Esq. Jimmy Macias, Esq. JACKSON LEWIS P.C. 160 W. Santa Clara St., Suite 400 San Jose, CA 95113 Telephone: (408) 579-0404 Facsimile: (408) 454-0290 E-mail: Sean.Bothamley@jacksonlewis.com Jimmy.Macias@jacksonlewis.com CVS HEALTH: Druzgalski Sues Over Wrong Vaccine Administration ------------------------------------------------------------- CLARA DRUZGALSKI, an individual; on behalf of herself and all others similarly situated, Plaintiff v. CVS HEALTH CORPORATION; and DOES 1 through 10, inclusive, Defendants, Case No. 24STCV04032 (Cal. Super., Los Angeles Cty., February 16, 2024) arises out of Defendants' distribution of the wrong respiratory syncytial virus vaccine and asserts claims for negligence, unfair business practices, and for violations of the Consumer Legal Remedies Act. Allegedly, CVS gave Plaintiff and class members the Arexvy vaccine instead of the Abrysvo vaccine. The Arexvy vaccine is untested for pregnant women and children, and has caused serious injury to class members. Plaintiff, and her child, have suffered damage as the result of Defendant administering an incorrect, and dangerous, vaccine, says the suit. CVS is known throughout the United States as a pharmacy who distributes vaccines and related products, including the RSV vaccine, to customers. [BN] The Plaintiff is represented by: Joshua H. Haffner, Esq. Trevor Weinberg, Esq. HAFFNER LAW PC 15260 Ventura Blvd., Suite 1520 Sherman Oaks, CA 91403 Telephone: (213) 514-5681 Facsimile: (213) 514-5682 E-mail: jhh@haffnerlawyers.com tw@haffnerlawyers.com DARTMOUTH COLLEGE: Agrees to Settle Antitrust Suit for $33.75-Mil. ------------------------------------------------------------------ Competition Policy International reports that Dartmouth College, along with Rice University, Northwestern University, and Vanderbilt University, has agreed to a substantial settlement of $33.75 million in a class-action lawsuit. This lawsuit, initiated by former students, targeted 17 prestigious universities for allegedly conspiring to limit financial aid for students from working- and middle-class families. The settlements from these four universities combined amount to a staggering $166 million. This legal saga began in 2022 when the lawsuit accused the universities, all of which claimed to practice need-blind admissions, of unfairly considering applicants' financial status in admission decisions. Moreover, the lawsuit claimed that these institutions artificially inflated the cost of attendance for financial aid recipients. At the heart of the matter lies the 568 Presidents Group, a consortium of universities granted a federal antitrust exemption. This exemption allowed them to collaborate on financial aid formulas on the condition that they did not factor in a student's ability to pay when deciding on admissions. However, the dissolution of this group followed the filing of the lawsuit, signaling the seismic impact of the legal action. The settlements reached by Dartmouth, Rice, Northwestern, and Vanderbilt, are not isolated incidents. Earlier settlements with six other universities, including the University of Chicago and Ivy League stalwarts like Yale and Columbia, underscore the widespread nature of the allegations. The settlements from these earlier agreements totaled a staggering $284 million. What's particularly noteworthy is the strategy employed by the plaintiffs. The incremental increase in settlement amounts with each successive agreement was designed to exert pressure on the remaining defendants to settle swiftly. This approach seems to be effective, given the substantial sums agreed upon by Dartmouth and its counterparts. However, not all universities implicated in the lawsuit have reached settlements. Notable among the holdouts are esteemed institutions like the California Institute of Technology, Cornell University, and the Massachusetts Institute of Technology, among others. Their decisions to continue litigating may prolong the legal battle and potentially lead to further revelations. In response to the settlements, representatives from Vanderbilt and Northwestern emphasized that their institutions did not admit liability as part of the agreement. Their priority, they asserted, remains on maintaining their academic focus amidst the legal challenges. This unfolding saga has significant implications not only for the universities involved but also for the broader landscape of higher education. It raises questions about fairness, transparency, and the extent of collaboration permitted among institutions in an increasingly competitive academic environment. [GN] DICK'S SPORTING: Levi & Korsinsky Announces Securities Class Suit ----------------------------------------------------------------- If you suffered a loss on your DICK's Sporting Goods (NYSE:DKS) investment and want to learn about a potential recovery under the federal securities laws, follow the link below for more information: https://zlk.com/pslra-1/dicks-sporting-goods-lawsuit-submission-form?prid=67988&wire=1 or contact Joseph E. Levi, Esq. via email at jlevi@levikorsinsky.com or call (212) 363-7500 to speak to our team of experienced shareholder advocates. THE LAWSUIT: A class action securities lawsuit was filed against DICK's Sporting Goods that seeks to recover losses of shareholders who were adversely affected by alleged securities fraud between May 25, 2022 and August 21, 2023. CASE DETAILS: The filed complaint alleges that defendants made false statements and/or concealed that: a) demand for products in Dicks Sporting Good's outdoor segment was slowing faster than defendants represented, resulting in excess inventory; (b) the "structural changes" that defendants repeatedly touted, including differentiated products, improved pricing technology, and more efficient clearance channels, did not allow the Company to manage its excess inventory without hurting the Company's profitability; (c) the need to liquidate excess inventory, including in the outdoor segment, would have a materially negative effect on the Company's profitability; and (d) as a result of (a)-(c) above, defendants' statements about the Company's business condition and prospects were materially false and misleading when made. WHAT'S NEXT? If you suffered a loss in DICK's Sporting Goods stock during the relevant time frame - even if you still hold your shares - go to https://zlk.com/pslra-1/dicks-sporting-goods-lawsuit-submission-form?prid=67988&wire=1 to learn about your rights to seek a recovery. There is no cost or obligation to participate. WHY LEVI & KORSINSKY: Over the past 20 years, Levi & Korsinsky LLP has established itself as a nationally-recognized securities litigation firm that has secured hundreds of millions of dollars for aggrieved shareholders and built a track record of winning high-stakes cases. The firm has extensive expertise representing investors in complex securities litigation and a team of over 70 employees to serve our clients. For seven years in a row, Levi & Korsinsky has ranked in ISS Securities Class Action Services' Top 50 Report as one of the top securities litigation firms in the United States. Attorney Advertising. Prior results do not guarantee similar outcomes. CONTACT: Levi & Korsinsky, LLP Joseph E. Levi, Esq. Ed Korsinsky, Esq. 33 Whitehall Street, 17th Floor New York, NY 10004 jlevi@levikorsinsky.com Tel: (212) 363-7500 Fax: (212) 363-7171 https://zlk.com/ [GN] DIGITAL RECOGNITION: Sued Over License Plate Data Scanning ---------------------------------------------------------- Stephen Council, writing for SFGate, reports that if you drive a car in California, you may be in for a payday thanks to a lawsuit alleging privacy violations by a Texas company. The 2021 lawsuit, given class-action status in September, alleges that Digital Recognition Network is breaking a California law meant to regulate the use of automatic license plate readers. DRN, a Fort Worth-based company, uses plate-scanning cameras to create location data for people's vehicles, then sells that data to marketers, car repossessors and insurers. What's particularly notable about the case is the size of the class. The court has established that if you're a California resident whose license plate data was collected by DRN at least 15 times since June 2017, you're a class member. The plaintiff's legal team estimates that the tally includes about 23 million people, alleging that DRN cameras were mounted to cars on public roads. The case website lets Californians check whether their plates were scanned. Barring a settlement or delay, the trial to decide whether DRN must pay a penalty to those class members will begin on May 17 in San Diego County Superior Court. The case hinges on a law that went into effect in California in 2016, setting up a $2,500 minimum payment for those who successfully sue violators. It mandates that the collection and dissemination of automated license plate scan data be "consistent with respect for individuals' privacy and civil liberties." Eli Wade-Scott, a lawyer for Edelson PC, the firm representing the class members, told SFGATE on Feb. 23 that his team will try to show the jury that DRN's business is a "mass surveillance program." Edelson frequently takes on technology companies over privacy issues. "DRN is capturing a pretty detailed picture of people's lives," Wade-Scott said. "That could be capturing you at home, at work, at your school, your house of worship, at your doctor. And we'll argue to a jury that that does not respect Californians' civil liberties, or their privacy, and that they're harmed by DRN's violations of the statute." DRN denies the allegation that it broke the California law. The case's website, a court-ordered neutral ground for potential class members to read about the litigation, reads, "DRN maintains that neither Plaintiff nor any similarly situated person has suffered any harm." "DRN also maintains that the ALPR statute," the website says, referring to the relevant California law, "does not prohibit the collection or storage of ALPR information and that its ALPR system is secure and has never been breached." The company readily advertises the fact that it scans plates. On its website, DRN even calls itself "the leading expert in license plate recognition technology and analytics." The company's cameras scan 220 million plates a month, the website says, and customers can use plate data to "create comprehensive vehicle stories." The plaintiff's lawyers will try to convince the jury during May's trial that DRN's scans invaded Californians' privacy and that itself is a type of harm, Wade-Scott said. DRN's attorneys for the case did not immediately respond to SFGATE's requests for comment. [GN] E.I. DU PONT: Barr Sues Over Injury From Contaminated Water in Ohio ------------------------------------------------------------------- LARRY BARR and CONNIE BARR, individually and on behalf of all others similarly situated, Plaintiffs v. E.I. DU PONT DE NEMOURS AND COMPANY and THE CHEMOURS COMPANY, Defendants, Case No. 2:24-cv-00649-EAS-EPD (S.D. Ohio, February 15, 2024) is a class action against the Defendants for negligence, concealment, misrepresentation, and fraud, negligent and intentional infliction of emotional distress, punitive damages, and loss of consortium. The case arises from the injury sustained by the Plaintiffs and similarly situated individuals as a result of the Defendants' acts and/or omissions. According to the complaint, the Plaintiffs and the Class consumed contaminated water released by the Defendants. The Plaintiffs and the Class seek redress and damages. E.I. Du Pont De Nemours and Company is a multinational chemical company based in Delaware. The Chemours Company is a multinational chemical company based in Delaware. [BN] The Plaintiffs are represented by: Jon C. Conlin, Esq. F. Jerome Tapley, Esq. Mitchell Theodore, Esq. Brett Thompson, Esq. CORY WATSON, P.C. 2131 Magnolia Ave., Suite 200 Birmingham, AL 35205 Telephone: (205) 328-2200 Facsimile: (205) 324-7896 E-mail: jconlin@corywatson.com jtapley@corywatson.com mtheodore@corywatson.com bthompson@corywatson.com - and - Richard W. Schulte, Esq. WRIGHT & SCHULTE, LLC 865 S. Dixie Dr. Vandalia, OH 45377 Telephone: (937) 435-7500 Facsimile: (937) 435-7511 E-mail: rschulte@yourlegalhelp.com EMBASSY SUITES: Solorio Wage-and-Hour Suit Removed to N.D. Cal. --------------------------------------------------------------- The case styled GILBERT SOLORIO, individually and on behalf of all others similarly situated v. EMBASSY SUITES EMPLOYER LLC and DOES 1 to 50, Case No. 24-CV-00046, was removed from the Superior Court of the State of California, County of Napa, to the U.S. District Court for the Northern District of California on February 15, 2024. The Clerk of Court for the Northern District of California assigned Case No. 3:24-cv-00917 to the proceeding. The case arises from the Defendant's violations of the California Labor Code and California's Unfair Competition Law including failure to pay all minimum wages, failure to pay all overtime wages, failure to provide rest periods and pay missed rest period premiums, failure to provide meal periods and pay missed meal period premiums, failure to maintain accurate employment records, failure to pay wages timely during employment, failure to pay all wages earned and unpaid at separation, failure to indemnify all necessary business expenditures, failure to furnish accurate itemized wage statements, and unfair competition. Embassy Suites Employer LLC is a limited liability company doing business in California. [BN] The Defendant is represented by: Shannon B. Nakabayashi, Esq. Julianna Bramwell, Esq. JACKSON LEWIS P.C. 50 California Street, 9th Floor San Francisco, CA 94111 Telephone: (415) 394-9400 Facsimile: (415) 394-9401 E-mail: Shannon.Nakabayashi@jacksonlewis.com Julianna.Bramwell@jacksonlewis.com EQUINOX HOLDINGS: Martinez Sues Over Excessive Membership Fees -------------------------------------------------------------- RICARDO MARTINEZ, individually and on behalf of all others similarly situated v. EQUINOX HOLDINGS, INC., Case No. 503903/2024 (N.Y. Sup., Feb. 7, 2024) is a class action lawsuit on behalf of members of the Defendant's Health and Fitness Clubs in New York who pay in excess of $3,600 a year to receive the Defendant's services and to use the Defendant's facilities. The Plaintiff contends that the Defendant regularly charges its members, like the Plaintiff and the putative class, more than $3,600 per annum in membership fees, direct violation of New York Gen. Bus Law (NYGBL) section 623(1). Memberships to use the Defendant's Clubs, all of which include unlimited classes and use of the facilities, range in price depending on location access. In New York, many memberships exceed $300 per month. This amounts to New Yorkers paying more than $3,600 a year for their memberships. From August 2019 to August 2020, the Plaintiff was in a 12-month commitment contract that required a first month's payment of $358.06, and $300 a month for the following eleven months. Due to Covid, his membership was paused, and the Plaintiff did not continue to pay membership fees. However, when the Plaintiff's membership resumed, his fees allegedly increased. From August 2021 to August 2022, the Plaintiff paid a total of $3,711.30 per annum in monthly fees. From August 2022 to August 2023, the Plaintiff paid $3,929.26. The Plaintiff's current monthly rate is $346.94, which amounts to $4,163.28 per annum. Plaintiff Martinez is a resident of Brooklyn, New York. In August 2019, the Plaintiff entered into a contract for services with Defendant for membership in its Club and for instruction, training, or assistance in bodybuilding, exercising, and weight reducing. As part of the Plaintiff's membership, he is given unlimited access to fitness classes at the Defendant's Clubs, as well as a complimentary personal training session. Equinox is an international luxury fitness company with Clubs all over the world, including 41 locations in New York.[BN] The Plaintiff is represented by: Philip L. Fraietta, Esq. Caroline C. Donovan, 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 E-mail: cdonovan@bursor.com ESSILORLUXOTTICA SA: Fathmath Sues Over Eyewear Market Monopoly --------------------------------------------------------------- ISHA FATHMATH, on behalf of herself and those similarly situated, Plaintiff v. ESSILORLUXOTTICA S.A., LUXOTTICA GROUP, S.p.A., ESSILOR INTERNATIONAL SAS, GRANDVISION BV, ESSILORLUXOTTICA USA INC., LUXOTTICA U.S. HOLDINGS CORP., LUXOTTICA OF AMERICA, INC., ESSILOR OF AMERICA INC., FRAMES FOR AMERICA, INC., FOR EYES OPTICAL COMPANY, INC., COSTA DEL MAR, INC., OAKLEY, INC., EYEMED VISION CARE, LLC, and VISION SOURCE, LLC, Defendants, Case No. 24-cv-260 (D. Minn., Jan. 31, 2024) arises out of EssilorLuxottica and other Defendants' anticompetitive and unfair business practices in the non-contact-lens consumer eyewear market after it had entered into unlawful agreements to fix the price of consumer eyewear at supra-competitive rates in violation of the Sherman Antitrust Act, the Cartwright Act, and the California Unfair Competition Law. According to the complaint, EssilorLuxottica, the Fashion Houses such as Armani, Prada, Chanel, and Ralph Lauren, and the Competing Eyewear Brands are each horizontal competitors in the eyewear market. Nevertheless, unbeknown to consumers, these parties engage together in anticompetitive and unfair business practices through their unlawful licensing and sales agreements to exercise strategic control over the price and supply of eyewear in the American consumer eyewear market. EssilorLuxottica and the other Defendants engage in price-fixing schemes for their collective financial gain, deceiving consumers into purchasing eyewear products at supra-competitive prices from EssilorLuxottica's Retail Outlets and Third-Party Sellers, says the suit. EssilorLuxottica manufactures eyewear. The Company offers sun glasses, lenses, and other eye care products.[BN] The Plaintiff is represented by: David M. Cialkowski, Esq. Ian F. McFarland, Esq. Zachary J. Freese, Esq. Zimmerman Reed LLP 1100 IDS Center 80 S. 8th St. Minneapolis, MN 55402 Telephone: (612) 341-0400 Facsimile: (612) 341-0844 E-mail: david.cialkowski@zimmreed.com ian.mcfarland@zimmreed.com zachary.freese@zimmreed.com - and - Alec Schultz, Esq. HILGERS GRABEN PLLC 1221 Brickell Avenue, Suite 900 Miami, FL 33131 Telephone: (305) 630-8304 E-mail: aschultz@hilgersgraben.com - and - Michael Merriman, Esq. HILGERS GRABEN PLLC 655 West Broadway, Suite 900 San Diego, CA 92101 Telephone: (619) 369-6232 E-mail: mmerriman@hilgersgraben.com - and - Hadyn Pettersen, Esq. HILGERS GRABEN PLLC 1320 Lincoln Mall, Suite 200 Lincoln, NE 68508 Telephone: (402) 356-5574 E-mail: hpettersen@hilgersgraben.com EVOLV TECHNOLOGIES: Rosen Law Firm Investigates Securities Claims ----------------------------------------------------------------- WHY: Rosen Law Firm, a global investor rights law firm, on Feb. 25 announced an investigation of potential securities claims on behalf of shareholders of Evolv Technologies Holdings, Inc. (NASDAQ: EVLV) resulting from allegations that Evolv may have issued materially misleading business information to the investing public. SO WHAT: If you purchased Evolv securities you may be entitled to compensation without payment of any out of pocket fees or costs through a contingency fee arrangement. The Rosen Law Firm is preparing a class action seeking recovery of investor losses. WHAT TO DO NEXT: To join the prospective class action, go to https://rosenlegal.com/submit-form/?case_id=22743 or call Phillip Kim, Esq. toll-free at 866-767-3653 or email pkim@rosenlegal.com or cases@rosenlegal.com for information on the class action. WHAT IS THIS ABOUT: On October 12, 2023, before market hours, Evolv filed a Current Report on Form 8-K with the Securities and Exchange and Commission ("SEC") announcing "the U.S. Federal Trade Commission [("FTC")] had requested information about certain aspects of its marketing practices[.]" On this news, Evolv's stock price fell $0.58 per share, or 13%, to close at $3.77 per share on October 12, 2023. Then, on February 19, 2024, before market hours, Evolv filed a Current Report on Form 8-K with the SEC announcing "the SEC notified the Company it was initiating an investigation that was described as a confidential "non-public, fact finding inquiry." The Company notes the SEC's explicit guidance that the investigation "should neither be construed as an indication by the Commission or its staff that any violation of law has occurred, nor as a reflection upon any person, entity, or security." The Company is eager to cooperate with the SEC as it is with any regulatory body." On this news, Evolv's stock price fell $0.82 per share, or 15.7%, to close at $4.41 per share on February 20, 2023. WHY ROSEN LAW: We encourage investors to select qualified counsel with a track record of success in leadership roles. Often, firms issuing notices do not have comparable experience, resources, or any meaningful peer recognition. Many of these firms do not actually litigate securities class actions. Be wise in selecting counsel. The Rosen Law Firm represents investors throughout the globe, concentrating its practice in securities class actions and shareholder derivative litigation. Rosen Law Firm has achieved the largest ever securities class action settlement against a Chinese Company. Rosen Law Firm was Ranked No. 1 by ISS Securities Class Action Services for number of securities class action settlements in 2017. The firm has been ranked in the top 4 each year since 2013 and has recovered hundreds of millions of dollars for investors. In 2019 alone the firm secured over $438 million for investors. In 2020, founding partner Laurence Rosen was named by law360 as a Titan of Plaintiffs' Bar. Many of the firm's attorneys have been recognized by Lawdragon and Super Lawyers. Attorney Advertising. Prior results do not guarantee a similar outcome. Contact Information: Laurence Rosen, Esq. Phillip Kim, Esq. The Rosen Law Firm, P.A. 275 Madison Avenue, 40th Floor New York, NY 10016 Tel: (212) 686-1060 Toll Free: (866) 767-3653 Fax: (212) 202-3827 lrosen@rosenlegal.com pkim@rosenlegal.com cases@rosenlegal.com www.rosenlegal.com [GN] FESTIVAL FUN: Rodriguez Sues Over Unlawful Ticket Processing Fees ----------------------------------------------------------------- ADREANA RODRIGUEZ, individually and on behalf of all others similarly situated, Plaintiff v. FESTIVAL FUN PARKS LLC d/b/a PALACE ENTERTAINMENT, Defendant, Case No. 2:24-cv-01245 (E.D.N.Y., February 16, 2024) accuses the Defendant of violating the New York Arts and Cultural Affairs Law. The Plaintiff purchased four admission tickets to Splish Splash on or about June 5, 2023 through Defendant's Website, https://www.splishsplash.com/. However, the Defendant failed to disclose the $4.00 processing fee in the ticket listing prior to the ticket being selected for purchase. As a result, he was forced to pay Defendant's processing fee, says the Plaintiff. Headquartered in Pittsburgh, PA, Festival Fun Parks LLC d/b/a Palace Entertainment is a Delaware limited liability company owns and operates amusement parks throughout the United States, including Splish Splash in Calverton, NY. [BN] The Plaintiff is represented by: Philip L. Fraietta, Esq. BURSOR & FISHER, P.A. 1330 Avenue of the Americas, 32nd Floor New York, NY 10019 Telephone: (646) 837-7150 Facsimile: (212) 989-9163 E-mail: pfraietta@bursor.com - and - Stefan Bogdanovich, Esq. BURSOR & FISHER, P.A. 1990 North California Blvd., Suite 940 Walnut Creek, CA 94596 Telephone: (925) 300-4455 Facsimile: (925) 407-2700 E-mail: sbogdanovich@bursor.com FILISTIN'S POWER: Florez Sues Over Unpaid Wages and Retaliation --------------------------------------------------------------- Fabio A. Florez, and other similarly situated individuals, Plaintiff v. Filistin's Power Instalation LLC and Odelin Filistin, individually, Defendants, Case No. 9:24-cv-80113 (S.D. Fla., Jan. 31, 2024) is an action against the Defendants to recover money damages for unpaid regular and overtime wages and retaliation under the Fair Labor Standards Act. The complaint alleges the Defendants' failure to pay Plaintiff regular wages and overtime hours at the rate of time and one-half his regular rate for every hour that he worked over 40. Plaintiff Florez was employed by the Defendants from approximately May 18, 2023 to July 22, 2023, or 9 weeks, as an electrician, installing electrical systems. Filistin's Power Instalation LLC is an electrical contractor based in Boynton Beach, Florida.[BN] The Plaintiff is represented by: Zandro E. Palma, Esq. ZANDRO E. PALMA, P.A. 9100 S. Dadeland Blvd. Suite 1500 Miami, FL 33156 Telephone: (305) 446-1500 Facsimile: (305) 446-1502 E-mail: zep@thepalmalawgroup.com FITBIT LLC: Website Inaccessible to Blind Users, Espinal Says ------------------------------------------------------------- FRANGIE ESPINAL, on behalf of herself and all other persons similarly situated, Plaintiff v. FITBIT LLC, Defendant, Case No. 1:24-cv-00685 (S.D.N.Y., Jan. 31, 2024) is a civil rights action against the Defendant for its failure to design, construct, maintain, and operate its interactive website, https://www.fitbit.com/global/us/home, to be fully accessible to and independently usable by Plaintiff and other blind or visually-impaired persons in violation of the Americans with Disabilities Act, the New York State Human Rights Law, and the New York City Human Rights Law. During Plaintiff's visits to the Website, the last occurring on July 2, 2023, in an attempt to purchase a versa 4 smartwatch from Defendant and to view the information on the Website, Plaintiff encountered multiple access barriers that denied Plaintiff a shopping experience similar to that of a sighted person and full and equal access to the goods and services offered to the public and made available to the public. The access barriers Plaintiff encountered have caused a denial of Plaintiff's full and equal access in the past, and now deter Plaintiff on a regular basis from accessing the Website, says the suit. The Plaintiff seeks a permanent injunction to cause a change in Defendant's corporate policies, practices, and procedures so that Defendant's Website will become and remain accessible to blind and visually-impaired consumers. Fitbit, Inc. is an American consumer electronics and fitness company.[BN] The Plaintiff is represented by: Dana L. Gottlieb, Esq. Michael A. LaBollita, Esq. Jeffrey M. Gottlieb, Esq. GOTTLIEB & ASSOCIATES PLLC 150 East 18th Street, Suite PHR New York, NY 10003 Telephone: (212) 228-9795 Facsimile: (212) 982-6284 E-mail: Dana@Gottlieb.legal Michael@Gottlieb.legal Jeffrey@Gottlieb.legal FLUENCE ENERGY: Rosen Law Firm Investigates Securities Claims ------------------------------------------------------------- WHY: Rosen Law Firm, a global investor rights law firm, on Feb. 25 announced an investigation of potential securities claims on behalf of shareholders of Fluence Energy, Inc. (NASDAQ: FLNC) resulting from allegations that Fluence Energy may have issued materially misleading business information to the investing public. SO WHAT: If you purchased Fluence Energy securities you may be entitled to compensation without payment of any out of pocket fees or costs through a contingency fee arrangement. The Rosen Law Firm is preparing a class action seeking recovery of investor losses. WHAT TO DO NEXT: To join the prospective class action, go to https://rosenlegal.com/submit-form/?case_id=22722 or call Phillip Kim, Esq. toll-free at 866-767-3653 or email pkim@rosenlegal.com or cases@rosenlegal.com for information on the class action. WHAT IS THIS ABOUT: On February 22, 2024, Blue Orca Research released a report on Fluence Energy, Inc. In this report, in pertinent part, Blue Orca stated it was short Fluence Energy, Inc. "because undisclosed to investors, the U.S. affiliate of its largest shareholder and corporate parent, Siemens, [has filed] a lawsuit accusing Fluence of a laundry list of embarrassing and costly engineering and design failures, false representations, and most notably fraud." On this news, Fluence Energy's stock fell $2.28 per share, or 13%, to close at $14.73 per share on February 22, 2024. WHY ROSEN LAW: We encourage investors to select qualified counsel with a track record of success in leadership roles. Often, firms issuing notices do not have comparable experience, resources, or any meaningful peer recognition. Many of these firms do not actually litigate securities class actions. Be wise in selecting counsel. The Rosen Law Firm represents investors throughout the globe, concentrating its practice in securities class actions and shareholder derivative litigation. Rosen Law Firm has achieved the largest ever securities class action settlement against a Chinese Company. Rosen Law Firm was Ranked No. 1 by ISS Securities Class Action Services for number of securities class action settlements in 2017. The firm has been ranked in the top 4 each year since 2013 and has recovered hundreds of millions of dollars for investors. In 2019 alone the firm secured over $438 million for investors. In 2020, founding partner Laurence Rosen was named by law360 as a Titan of Plaintiffs' Bar. Many of the firm's attorneys have been recognized by Lawdragon and Super Lawyers. Attorney Advertising. Prior results do not guarantee a similar outcome. Contact Information: Laurence Rosen, Esq. Phillip Kim, Esq. The Rosen Law Firm, P.A. 275 Madison Avenue, 40th Floor New York, NY 10016 Tel: (212) 686-1060 Toll Free: (866) 767-3653 Fax: (212) 202-3827 lrosen@rosenlegal.com pkim@rosenlegal.com cases@rosenlegal.com www.rosenlegal.com [GN] FLUENCE ENERGY: Rosen Law Investigates Securities Claims -------------------------------------------------------- WHY: Rosen Law Firm, a global investor rights law firm, announced an investigation of potential securities claims on behalf of shareholders of Fluence Energy, Inc. (NASDAQ: FLNC) resulting from allegations that Fluence Energy may have issued materially misleading business information to the investing public. SO WHAT: If you purchased Fluence Energy securities you may be entitled to compensation without payment of any out of pocket fees or costs through a contingency fee arrangement. The Rosen Law Firm is preparing a class action seeking recovery of investor losses. WHAT TO DO NEXT: To join the prospective class action, go to https://rosenlegal.com/submit-form/?case_id=22722 or call Phillip Kim, Esq. toll-free at 866-767-3653 or email pkim@rosenlegal.com or cases@rosenlegal.com for information on the class action. WHAT IS THIS ABOUT: On February 22, 2024, Blue Orca Research released a report on Fluence Energy, Inc. In this report, in pertinent part, Blue Orca stated it was short Fluence Energy, Inc. "because undisclosed to investors, the U.S. affiliate of its largest shareholder and corporate parent, Siemens, [has filed] a lawsuit accusing Fluence of a laundry list of embarrassing and costly engineering and design failures, false representations, and most notably fraud." On this news, Fluence Energy's stock fell $2.28 per share, or 13%, to close at $14.73 per share on February 22, 2024. WHY ROSEN LAW: We encourage investors to select qualified counsel with a track record of success in leadership roles. Often, firms issuing notices do not have comparable experience, resources, or any meaningful peer recognition. Many of these firms do not actually litigate securities class actions. Be wise in selecting counsel. The Rosen Law Firm represents investors throughout the globe, concentrating its practice in securities class actions and shareholder derivative litigation. Rosen Law Firm has achieved the largest ever securities class action settlement against a Chinese Company. Rosen Law Firm was Ranked No. 1 by ISS Securities Class Action Services for number of securities class action settlements in 2017. The firm has been ranked in the top 4 each year since 2013 and has recovered hundreds of millions of dollars for investors. In 2019 alone the firm secured over $438 million for investors. In 2020, founding partner Laurence Rosen was named by law360 as a Titan of Plaintiffs' Bar. Many of the firm's attorneys have been recognized by Lawdragon and Super Lawyers. Attorney Advertising. Prior results do not guarantee a similar outcome. Contact Information: Laurence Rosen, Esq. Phillip Kim, Esq. The Rosen Law Firm, P.A. 275 Madison Avenue, 40th Floor New York, NY 10016 Tel: (212) 686-1060 Toll Free: (866) 767-3653 Fax: (212) 202-3827 lrosen@rosenlegal.com pkim@rosenlegal.com cases@rosenlegal.com www.rosenlegal.com [GN] FORSAGE INC: Misclassifies Delivery Drivers, Revels Suit Says ------------------------------------------------------------- DIONTE REVELS, CONTRELL SHUMATE, JR., and THOMAS ALVIN GLOVER, individually and on behalf of all others similarly situated, Plaintiffs v. FORSAGE, INC. and VADIM SAUCA, Defendants, Case No. 1:24-cv-00931 (N.D. Ill., Feb. 1, 2024) arises from the Defendants' alleged unlawful labor practices in violation of the Illinois Wage Payment and Collection Act and the Fair Labor Standards Act. This is an action brought on behalf of current and former delivery drivers challenging Defendant Forsage, Inc.'s unlawful practices of misclassifying its drivers as independent contractors and making unlawful deductions from delivery drivers' wages and requiring them to bear expenses which should have been properly borne by Forsage. The Plaintiffs also contend that, as a result of the deductions and expenses he and other drivers were forced to incur, there were weeks in which the delivery drivers' pay fell below minimum wage. The Plaintiffs assert that, although they and other delivery drivers were classified by the Defendants as independent contractors, they were, in fact, employees of Forsage. The Plaintiffs further contend that Defendant Vadim Sauca is individually liable by virtue of his role within Forsage, creating and overseeing Forsage's unlawful classification and compensation practices. Plaintiffs Revels, Shumate, and Glover worked for Forsage in Illinois as truck drivers between July 2023 and December 2023, between January 2023 and June 2023, and between 2020 and 2023, respectively. Forsage, Inc. is a trucking company headquartered in Channahon, Illinois.[BN] The Plaintiffs are represented by: Bradley Manewith, Esq. LICHTEN & LISS-RIORDAN, P.C. 5 Revere Drive, Suite 200 Northbrook, IL 60062 Telephone: (617) 994-5800 Facsimile: (617) 994-5801 E-mail: bmanewith@llrlaw.com - and - Harold Lichten, Esq. Olena Savytska, Esq. LICHTEN & LISS-RIORDAN, P.C. 729 Boylston Street, Ste. 2000 Boston, MA 02116 Telephone: (617) 994-5800 Facsimile: (617) 994-5801 E-mail: hlichten@llrlaw.com osavytska@llrlaw.com FUSION LEARNING: Lobaton Wage-and-Hour Suit Removed to N.D. Cal. ---------------------------------------------------------------- The case styled JASON LOBATON, individually and on behalf of all others similarly situated v. FUSION LEARNING, INC., and DOES 1 through 50, inclusive, Case No. CGC-24-611664, was removed from the Superior Court of the State of California for the County of San Francisco to the U.S. District Court for the Northern District of California on February 16, 2024. The Clerk of Court for the Northern District of California assigned Case No. 3:24-cv-00966 to the proceeding. The case arises from the Defendant's alleged violations of the California Labor Code and California's Business and Professions Code including unpaid minimum wage, unpaid overtime wages, unpaid meal premiums, unpaid rest premiums, untimely payment of final wages, untimely payment of wages, non-compliant wage statements, failure to keep requisite records, unreimbursed business expenses, and unfair business practices. Fusion Learning, Inc. is a learning services company, with its principal place of business in Grand Rapids, Michigan. [BN] The Defendant is represented by: Scott J. Witlin, Esq. Caroline C. Dickey, Esq. Rochelle L. Calderon, Esq. BARNES & THORNBURG LLP 2029 Century Park East, Suite 300 Los Angeles, CA 90067 Telephone: (310) 284-3880 Facsimile: (310) 284-3894 E-mail: scott.witlin@btlaw.com caroline.dickey@btlaw.com rochelle.calderon@btlaw.com HYWIN HOLDINGS: Rosen Law Firm Investigates Securities Claims ------------------------------------------------------------- WHY: Rosen Law Firm, a global investor rights law firm, continues to investigate potential securities claims on behalf of shareholders of Hywin Holdings Ltd. (NASDAQ: HYW) resulting from allegations that Hywin Holdings may have issued materially misleading business information to the investing public. SO WHAT: If you purchased Hywin Holdings securities you may be entitled to compensation without payment of any out of pocket fees or costs through a contingency fee arrangement. The Rosen Law Firm is preparing a class action seeking recovery of investor losses. WHAT TO DO NEXT: To join the prospective class action, go to https://rosenlegal.com/submit-form/?case_id=21975 or call Phillip Kim, Esq. toll-free at 866-767-3653 or email pkim@rosenlegal.com or cases@rosenlegal.com for information on the class action. WHAT IS THIS ABOUT: On December 14, 2023, before the market opened, Hywin Holdings released a press release entitled "Hywin Holdings Reports Redemption Issues Relating to Certain Asset-Backed Products." This press release stated, in pertinent part, that "redemption issues have been reported on certain asset-backed products previously distributed by the Company. The asset managers of these products were unable to reach an agreement with the relevant clients to defer redemption. While the Company acted only as distributor of these asset-backed products, the clients are now demanding repayment from the Company. Any failure to adequately deal with these redemption issues could materially and adversely affect our reputation, client relationship, business, financial condition and prospects. The Company has formed a special investigation committee comprised of members of senior management to oversee an internal investigation." On this news, the price of Hywin American Depositary Receipts ("ADRs") fell by $0.53 per ADR, or 16%, to close at $2.77 per ADR on December 14, 2023. WHY ROSEN LAW: We encourage investors to select qualified counsel with a track record of success in leadership roles. Often, firms issuing notices do not have comparable experience, resources, or any meaningful peer recognition. Many of these firms do not actually litigate securities class actions. Be wise in selecting counsel. The Rosen Law Firm represents investors throughout the globe, concentrating its practice in securities class actions and shareholder derivative litigation. Rosen Law Firm has achieved the largest ever securities class action settlement against a Chinese Company. Rosen Law Firm was Ranked No. 1 by ISS Securities Class Action Services for number of securities class action settlements in 2017. The firm has been ranked in the top 4 each year since 2013 and has recovered hundreds of millions of dollars for investors. In 2019 alone the firm secured over $438 million for investors. In 2020, founding partner Laurence Rosen was named by law360 as a Titan of Plaintiffs' Bar. Many of the firm's attorneys have been recognized by Lawdragon and Super Lawyers. Attorney Advertising. Prior results do not guarantee a similar outcome. Contact Information: Laurence Rosen, Esq. Phillip Kim, Esq. The Rosen Law Firm, P.A. 275 Madison Avenue, 40th Floor New York, NY 10016 Tel: (212) 686-1060 Toll Free: (866) 767-3653 Fax: (212) 202-3827 lrosen@rosenlegal.com pkim@rosenlegal.com cases@rosenlegal.com www.rosenlegal.com [GN] IHG MANAGEMENT: Martinez Labor Code Suit Removed to S.D. Cal. ------------------------------------------------------------- The case styled ROBERT MARTINEZ, individually and on behalf of all others similarly situated v. IHG MANAGEMENT (MARYLAND) LLC, INTER-CONTINENTAL HOTELS CORPORATION, INTERCONTINENTAL HOTELS GROUP RESOURCES, LLC, and DOES 1-100, inclusive, Case No. 37-2023-00056196-CU-OE-CTL, was removed from the Superior Court of the State of California for the County of San Diego to the U.S. District Court for the Southern District of California on February 15, 2024. The Clerk of Court for the Southern District of California assigned Case No. 3:24-cv-00210-L-DEB to the proceeding. The case arises from the Defendants' violations of the California Labor Code and California's Business and Professions Code including unpaid minimum wages, unpaid overtime wages, failure to provide meal periods, failure to provide rest periods, failure to furnish accurate itemized wage records, failure to timely pay all wages due upon separation of employment, failure to reimburse business expenses, and unfair business practices. IHG Management (Maryland) LLC is a hotel and motel operator based in Maryland. Inter-Continental Hotels Corporation is a multinational hospitality company doing business in California. Intercontinental Hotels Group Resources, LLC is a hotel operator doing business in California. [BN] The Defendants are represented by: Eric E. Hill, Esq. Ping Wang, Esq. SEYFARTH SHAW LLP 560 Mission Street, 31st Floor San Francisco, CA 94105 Telephone: (415) 397-2823 Facsimile: (415) 397-8549 E-mail: ehill@seyfarth.com pwang@seyfarth.com - and - Leo Q. Li, Esq. 2029 Century Park East, Suite 3500 Los Angeles, CA 90067 Telephone: (310) 277-7200 Facsimile: (310) 201-5219 E-mail: lli@seyfarth.com INNODATA INC: Bids for Lead Plaintiff Deadline Set on April 22 -------------------------------------------------------------- If you suffered a loss on your Innodata Inc. (NASDAQ:INOD) investment and want to learn about a potential recovery under the federal securities laws, follow the link below for more information: https://zlk.com/pslra-1/innodata-lawsuit-submission-form?prid=68046&wire=1 or contact Joseph E. Levi, Esq. via email at jlevi@levikorsinsky.com or call (212) 363-7500 to speak to our team of experienced shareholder advocates. THE LAWSUIT: A class action securities lawsuit was filed against Innodata Inc. that seeks to recover losses of shareholders who were adversely affected by alleged securities fraud between May 9, 2019 and February 14, 2024. CASE DETAILS: The filed complaint alleges that defendants made false statements and/or concealed that: (1) Innodata did not have a viable AI technology; (2) its Goldengate AI platform, the centerpiece of Innodata's reported AI technology, is a rudimentary software developed by just a handful of employees; (3) it was not going to utilize AI to any significant degree for new Silicon Valley contracts; (4) it was not effectively investing in research and development for AI; and (5) based on the foregoing, defendants lacked a reasonable basis for their positive statements about Innodata's AI business and development and related financial results, growth, and prospects. WHAT'S NEXT? If you suffered a loss in Innodata stock during the relevant time frame - even if you still hold your shares - go to https://zlk.com/pslra-1/innodata-lawsuit-submission-form?prid=68046&wire=1 to learn about your rights to seek a recovery. There is no cost or obligation to participate. WHY LEVI & KORSINSKY: Over the past 20 years, Levi & Korsinsky LLP has established itself as a nationally-recognized securities litigation firm that has secured hundreds of millions of dollars for aggrieved shareholders and built a track record of winning high-stakes cases. The firm has extensive expertise representing investors in complex securities litigation and a team of over 70 employees to serve our clients. For seven years in a row, Levi & Korsinsky has ranked in ISS Securities Class Action Services' Top 50 Report as one of the top securities litigation firms in the United States. Attorney Advertising. Prior results do not guarantee similar outcomes. CONTACT: Levi & Korsinsky, LLP Joseph E. Levi, Esq. Ed Korsinsky, Esq. 33 Whitehall Street, 17th Floor New York, NY 10004 jlevi@levikorsinsky.com Tel: (212) 363-7500 Fax: (212) 363-7171 https://zlk.com/ [GN] J P FOOD: Rodenas Sues Over Restaurant Staff's Unpaid Overtime -------------------------------------------------------------- ANA RODENAS and ARMANDO APARTANDA, individually and on behalf of others similarly situated, Plaintiffs v. J P FOOD GROUP INT CORPORATION (DBA HUMMUS GRILL), JAIMIN PARIKH and NISHIT KAPADIA, Defendants, Case No. 2:24-cv-00664 (D.N.J., Feb. 3, 2024) is a class action brought by Plaintiffs, on behalf of themselves as well as other employees similarly situated, against Defendants for alleged violations of the Fair Labor Standards Act and the New Jersey State Wage and Hour Law, arising from Defendants' various willful and unlawful employment policies, patterns and/or practices. The complaint alleges that Defendants have willfully and intentionally committed widespread violations of the FLSA and NJWHL by engaging in a pattern and practice of failing to pay its employees, including Plaintiffs, overtime compensation for all hours worked over 40 each workweek. Plaintiffs Rodenas and Apartanda were employed as cooks and kitchen assistants for Defendants' restaurant in Jersey City, New Jersey from January 13, 2021 until January 27, 2024 and from April 18, 2022 until January 27, 2024, respectively. J P FOOD GROUP INT CORPORATION is a grill restaurant with principal place of business in Paramus, New Jersey.[BN] The Plaintiffs are represented by: Lina Stillman, Esq. STILLMAN LEGAL, P.C. 42 Broadway, 12th Floor New York, NY 10004 Telephone: (212) 203-2417 JEFFREY E. EPSTEIN: Bensky Sues Over Sex Trafficking Involvement ---------------------------------------------------------------- Danielle Bensky and Jane Doe 3, individually and on behalf of all others similarly situated, Plaintiffs v. Darren K. Indyke and Richard D. Kahn, Defendants, Case No. 1:24-cv-01204 (S.D.N.Y., February 16, 2024) seeks damages and other relief under the Trafficking Victim Protection Act, the common law causes of action, the New York Adult Survivors Act, and the Victims of Gender-Motivated Violence Protection Act. Defendants Darren Indyke and Richard Kahn were billionaire Jeffrey Epstein's personal lawyer and accountant, who personally participated in Epstein's sex-trafficking venture from approximately 1995 onward. After Epstein's death, Indyke and Kahn were executors of Epstein's estate. They also helped structure Epstein's bank accounts and cash withdrawals to give Epstein and his associates access to large amounts of cash in furtherance of sex trafficking. The Defendants are co-executors of the Estate of Jeffrey E.Epstein and Administrator of The 1953 Trust. Indyke was Jeffrey Epstein's advisor and personal lawyer for many years, handling all of his personal affairs and business operations relating to his sex-trafficking operation. Meanwhile, Kahn was Jeffrey Epstein's advisor and personal accountant who handled all of his personal accounting and financial services relating to his sex-trafficking operation. [BN] The Plaintiffs are represented by: David Boies, Esq. BOIES SCHILLER FLEXNER LLP 55 Hudson Yards New York, NY Telephone: (212) 446-2300 Facsimile: (212) 446-2350 E-mail: dboies@bsfllp.com - and - Sigrid McCawley, Esq. BOIES SCHILLER FLEXNER LLP 401 E. Las Olas Blvd. Suite 1200 Fort Lauderdale, FL 33316 Telephone: (954) 356-0011 Facsimile: (954) 356-0022 E-mail: smccawley@bsfllp.com JOHN MUIR: Hogan Wage-and-Hour Suit Removed to N.D. California -------------------------------------------------------------- The case styled RON HOGAN, individually and on behalf of all others similarly situated v. JOHN MUIR HEALTH and DOES 1 through 50, inclusive, Case No. C24-00052, was removed from the Superior Court of California, County of Contra Costa, to the U.S. District Court for the Northern District of California on February 16, 2024. The Clerk of Court for the Northern District of California assigned Case No. 4:24-cv-00953-DMR to the proceeding. The case arises from the Defendant's alleged violations of the California Labor Code and the California's Business and Professions Code. John Muir Health is a hospital network headquartered in Walnut Creek, California. [BN] The Defendant is represented by: An Nguyen Ruda, Esq. Josiah R. Jenkins, Esq. Ramanpreet K. Dheri, Esq. BARTKO LLP One Embarcadero Center, Suite 800 San Francisco, CA 94111 Telephone: (415) 956-1900 Facsimile: (415) 956-1152 E-mail: aruda@bartkolaw.com jjenkins@bartkolaw.com rdheri@bartkolaw.com JOHNSON CITY, TN: Judge Greenlights Class Action v. Police ---------------------------------------------------------- Anita Wadhwani, writing for Chattanooga Times Free Press, reports that a federal judge has greenlit a class action lawsuit against Johnson City and its police force that makes allegations that some police officers took bribes and turned the other way while a serial rapist assaulted scores of women and at least two children. The ruling on Feb. 23 raises the stakes in a police corruption scandal that has roiled the Northeast Tennessee community -- and the city's potential liability should it lose or settle the case. Instead of 10 plaintiffs, identified as "Jane Does" in a lawsuit first filed in June, the ruling now opens the door to potentially hundreds of Johnson City victims who were sexually assaulted over a more than five-year period, from Jan. 1, 2018, to April 25, 2023 -- regardless of who the perpetrator was or whether the assaults were reported to police. [GN] KDI CHEESE: Ramirez Balks at Mass Layoffs Without Prior Notice -------------------------------------------------------------- MOLLY RAMIREZ, on behalf of herself and all others similarly situated, Plaintiff v. KDI CHEESE CO. LLC, Defendant, Case No. 2:24-cv-02041 (D. Kan., Feb. 1, 2024) arises from the Defendant's failure to give Plaintiff and those similarly situated employees 60 days' advance notice of their terminations, as required by the Worker Adjustment and Retraining Notification Act. The Plaintiff was terminated along with an estimated 150 other similarly situated employees as part of, or as the foreseeable result of mass layoffs or plant closings ordered by Defendant beginning January 19, 2024. The Plaintiff seeks to enforce the WARN Act's statutory remedy of 60 days' back pay and benefits for herself and those similarly situated, pursuant to 29 U.S.C. Section 2104, for the Defendant's failure to provide WARN notice prior to their terminations. The Plaintiff was employed by Defendant as a lead operator from October 2015 until January 19, 2024. KDI Cheese Company, LLC manufactures and markets cheese, butter, and ultra-filtered concentrated milk products.[BN] The Plaintiff is represented by: Daniel L. Doyle, Esq. Robert A. Bruce, Esq. DOYLE & BRUCE LLC 748 Ann Avenue Kansas City, KS 66101 Telephone: (913) 543-8558 Facsimile: (913) 543-3888 E-mail: Dan@KCLaw.com Robert@KClaw.com - and - Jack A. Raisner, Esq. Rene S. Roupinian, Esq. RAISNER ROUPINIAN LLP 270 Madison Avenue, Suite 1801 New York, NY 10016 Telephone: (212) 221-1747 Facsimile: (212) 221-1747 E-mail: jar@raisnerroupinian.com rsr@raisnerroupinian.com KIDS2 LLC: Archila Sues Over Sale of Dangerous Baby Bassinets ------------------------------------------------------------- REBECCA ARCHILA, individually and on behalf of all others similarly situated, Plaintiff v. KIDS2, LLC, f/k/a KIDS2, INC., Defendant, Case No. 1:24-cv-00721-AT (N.D. Ga., February 16, 2024) seeks to stop the Defendant's improper sales and marketing of baby bassinets, which are unreasonably dangerous and pose a heightened risk of suffocation--all of which is undisclosed at the point of sale. At issue are Ingenuity-branded baby bassinets, specifically the Ingenuity Dream & Grow Bedside Bassinet, the Ingenuity Dream Hero Starlight 3-in-1 Co-Sleeping Bassinet, and all models and variations within these product lines. The said products employ a "cantilevered" design and lack stability, which can cause babies to roll into the sides of the bassinets, or even onto their stomachs, posing an unreasonable risk of suffocation. The Defendant failed to disclose this material safety information to consumers in the United States, says the suit. Headquartered in Atlanta, GA, Kids2, LLC, f/k/a Kids2, Inc. is a Georgia limited liability company that designs, manufactures, markets, sells, and distributes baby bassinets throughout the United States. [BN] The Plaintiff is represented by: Roy E. Barnes, Esq. J. Cameron Tribble, Esq. THE BARNES LAW GROUP, LLC 31 Atlanta Street Marietta, GA 30060 Telephone: 770-227-6375 Facsimile: 770-227-6373 E-mail: roy@barneslawgroup.com ctribble@barneslawgroup.com - and - Gary M. Klinger, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN 227 W. Monroe Street, Suite 2100 Chicago, IL 60606 Telephone: (866) 252-0878 E-mail: gklinger@milberg.com - and - Alexander E. Wolf, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN 280 South Beverly Drive, Penthouse Beverly Hills, CA 90212 Telephone: (872) 365-7060 E-mail: awolf@milberg.com - and - Kevin Laukaitis, Esq. LAUKAITIS LAW LLC 954 Avenida Ponce De Leon Suite 205, #10518 San Juan, PR 00907 Telephone: (215) 789-4462 E-mail: klaukaitis@laukaitislaw.com LANE BRYANT: Elder Sues Over Caller ID Rule Violations ------------------------------------------------------ MARIAH ELDER, individually and on behalf of all others similarly situated, Plaintiff v. LANE BRYANT BRANDS OPCO, LLC, Defendant, Case No. CACE-24-002268 (Fla. Cir., 17th Judicial, Broward Cty., February 16, 2024) seeks for injunctive and declaratory relief, and damages for violations of the Caller ID Rules of the Florida Telephone Solicitation Act (FTSA). Plaintiff Elder alleges that the Defendant violated the FTSA's Caller ID Rules by transmitting a phone number that was not capable of receiving phone calls and does not connect to either the telephone solicitor or the Defendant when it made telephonic sales calls by text message. Lane Bryant Brands OPCO, LLC. is a Florida limited liability company that sells various goods through its online store. [BN] The Plaintiff is represented by: Joshua A. Glickman, Esq. Shawn A. Heller, Esq. SOCIAL JUSTICE LAW COLLECTIVE, PL 974 Howard Ave. Dunedin, FL 34698 Telephone: (202) 709-5744 Facsimile: (866) 893-0416 E-mail: josh@sjlawcollective.com shawn@sjlawcollective.com LI ADVENTURELAND: Fails to Disclose Total Ticket Costs, Bonnot Says ------------------------------------------------------------------- ELIZABETH BONNOT and KIMBERLY WATSON, individually and on behalf of all others similarly situated v. L.I. ADVENTURELAND, INC., Case No. 602326/2024 (Court, Feb. 7, 2024) alleges that the Defendant has been nickel and diming visitors to its amusement park, Adventureland, on its website in violation of the New York Arts and Cultural Affairs Law. According to the complaint, whenever a visitor selects a park ticket on the website https://adventureland.us/, he or she is quoted a fee-less price, only to be ambushed by a "processing fee" at checkout after clicking through the various screens required to make a purchase. This cheap trick has enabled Defendant to swindle substantial sums of money from its customers. The Defendant violated the New York Arts & Cultural Affairs Law section 25.07(4) by failing to disclose the "total cost of a ticket, inclusive of all ancillary fees that must be paid in order to purchase the ticket" after a ticket is selected, the suit asserts. On May 6, 2023, Plaintiff Bonnot purchased one general admission and two adult admission passes to the Defendant's amusement park on the Defendant's website and was forced to pay the Defendant's "processing fee" in the amount of $7.36. Plaintiff Bonnot was harmed by paying this processing fee, even though the total cost was not disclosed to the Plaintiff at the beginning of the purchase process, and therefore, is unlawful pursuant to New York Arts & Cultural Affairs Law section 25.07(4). On September 2, 2022, Plaintiff Watson purchased three general admission and two adult admission passes to the Defendant's amusement park on the Defendant's website and was forced to pay the Defendant's "processing fee" in the amount of $5.31. Plaintiff Watson was harmed by paying this processing fee, even though the total cost was not disclosed to Plaintiff at the beginning of the purchase process. On behalf of themselves and members of the Nationwide Class and New York Subclass, the Plaintiffs seek to enjoin the unlawful acts and practices described herein, to recover their actual damages, and reasonable attorneys' fees. The Defendant owns and operates the Adventureland amusement park.[BN] The Plaintiffs are represented by: Philip L. Fraietta, Esq. Stefan Bogdanovich, 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 sbogdanovich@bursor.com LIVE OAK: Fails to Pay Proper OT to Drivers, Coker Alleges ---------------------------------------------------------- DONNA COKER, individually and on behalf of all others similarly situated, Plaintiff v. LIVE OAK ENVIRONMENTAL, LLC, Defendant, Case No. 2:24-cv-00068 (E.D. Tex., Feb. 1, 2024) seeks to recover unpaid overtime, liquidated damages, and attorneys' fees and costs pursuant to the provisions of Sections 207 and 216(b) of the Fair Labor Standards Act. According to the complaint, Live Oak knowingly and deliberately failed to compensate Plaintiff and the Putative Collective Members for the proper amount of overtime on a routine and regular basis. Specifically, Live Oak's regular practice -- including during weeks when Plaintiff and the Putative Collective Members worked and recorded hours in excess of 40 (not counting hours worked "off-the-clock") -- was (and is) to deduct a 30-minute meal-period from Plaintiff and the Putative Collective Members' daily time even though they regularly performed compensable work (and continue to perform) "off the clock" through their respective meal-period breaks, says the suit. The Plaintiff and the Putative Collective Members are (or were) non-exempt Drivers employed by Live Oak for the relevant time-periods preceding the filing of this Complaint through the final disposition of this matter. Live Oak is a full-service solid waste company providing waste collection, recycling, and disposal services to a commercial, industrial, and residential customers across the states of Texas and Louisiana.[BN] The Plaintiff is represented by: Clif Alexander, Esq. Austin W. Anderson, Esq. Lauren E. Braddy, Esq. Alan Clifton Gordon, Esq. Carter T. Hastings, Esq. ANDERSON ALEXANDER, PLLC 101 N. Shoreline Blvd. Suite 610 Corpus Christi, TX 78401 Telephone: (361) 452-1279 Facsimile: (361) 452-1284 E-mail: clif@a2xlaw.com austin@a2xlaw.com lauren@a2xlaw.com cgordon@a2xlaw.com carter@a2xlaw.com - and - William S. Hommel, Jr., Esq. HOMMEL LAW FIRM 5620 Old Bullard Road, Suite 115 Tyler, TX 75703 Telephone: (903) 596-7100 Facsimile: (469) 533-1618 E-mail: bhommel@hommelfirm.com LIVEFREE EMERGENCY: Traylor Sues Over Unlawful Telemarketing Calls ------------------------------------------------------------------ GARRETT TRAYLOR, individually, and on behalf of others similarly situated v. LIVEFREE EMERGENCY RESPONSE, INC., Case No. 1:24-cv-10329-IT (D. Mass., Feb. 9, 2024) contends that the Defendant promotes and markets its merchandise, in part, by placing unlawful telemarketing calls, in violation of the Telephone Consumer Protection Act. The suit alleges that the Defendant placed telemarketing calls to the Plaintiff and the putative class members despite placing calls to cell phones and residential wireline phones that utilized a pre-recorded voice, not having received prior express written consent to place such calls; Traylor's and the putative class members phone numbers being registered on the National Do-Not-Call Registry; and Traylor and the putative class members requesting that the Defendant stop calling them. On February 27, 2020, the Defendant placed a call to Traylor's 617 area code phone number. The phone number that appeared on Traylor's phone also had a 617-area code. The Defendant allegedly spoofed the phone number to make the incoming call appear as though it originated from Traylor's same area code. Upon answering the phone, Traylor heard a prerecorded message. On May 8, 2020, Traylor received a similar call on his 617 number. Like the previous call, the phone number that appeared on Traylor's phone also had a 617-area code. Traylor again heard the same prerecorded voice. On April 19, 2022 and April 1, 2023, Traylor requested, in writing, that the Defendant stop calling him. Yet, Traylor received calls on his 781 number on March 27, 2023 and May 15, 2023, the suit claims. The Plaintiff is a resident of Westwood, Massachusetts. The Defendant is in the business of selling mobile medical alert systems.[BN] The Plaintiff is represented by: Craig Thor Kimmel, Esq. Jacob U. Ginsburg, Esq. KIMMEL & SILVERMAN, P.C. 30 East Butler Ave. Ambler, PA 19002 Telephone: (215) 540-8888 x 148 Facsimile: (877) 788-2864 E-maill: kimmel@creditlaw.com jginsburg@creditlaw.com - and - Christopher E. Roberts, Esq. BUTSCH ROBERS & ASSOCIATES LLC 7777 Bonhomme Avenue, Suite 1300 Clayton, MO 63105 Telephone: (314) 863-5700 E-mail: crobers@butschroberts.com LOANCARE LLC: Fails to Secure Personal Info, Gharibian Suit Says ---------------------------------------------------------------- ANDRE GHARIBIAN, individually and on behalf of all others similarly situated, Plaintiff v. LOANCARE, LLC, and FIDELITY NATIONAL FINANCIAL, INC., Defendants, Case No. 3:24-cv-00115 (M.D. Fla., Feb. 1, 2024) is a class action against Defendants for their failure to properly secure and safeguard highly valuable, protected, personally identifiable information including, inter alia, customers' names, addresses, Social Security numbers, and loan numbers; and for their failure to comply with industry standards to protect information systems that contain PII. On November 19, 2023, LoanCare became aware of unauthorized access to parts of its system housed within Fidelity's information technology network. Upon an investigation, Defendants determined that the PII of approximately 1.3 million LoanCare customers had been accessed and exfiltrated by an unauthorized third party. As a direct and proximate result of Defendants' failure to implement and follow basic security procedures, Plaintiff's and Class Members' PII is now in the hands of cybercriminals. The Plaintiff and Class Members are now at a significantly increased and certainly impending risk of fraud, identity theft, and other harms caused by the unauthorized disclosure of their PII -- risks which may last for the rest of their lives, says the suit. LoanCare, LLC is responsible for processing loan payments, handling escrow accounts, and generally managing customers' mortgages. Fidelity is the parent company of LoanCare, which is a sub-servicing and interim sub-servicing provider and a significant player in the mortgage servicing sector.[BN] The Plaintiff is represented by: Jeff Ostrow, Esq. KOPELOWITZ OSTROW P.A. One West Las Olas Boulevard Suite 500 Fort Lauderdale, FL 33301 Telephone: (954) 525-4100 E-mail: ostrow@kolawyers.com - and - Patrick D. Donathen, Esq. LYNCH CARPENTER LLP 1133 Penn Avenue, 5th Floor Pittsburgh, PA 15222 Telephone: (412) 322-9243 E-mail: patrick@lcllp.com MARRIOTT INTERNATIONAL: Arnold Labor Suit Removed to W.D. Wash. --------------------------------------------------------------- The case styled MARDILLO ARNOLD, individually and on behalf of all others similarly situated v. MARRIOTT INTERNATIONAL, INC. and JASON TYLER, Case No. 24-2-00837-3-SEA, was removed from the Superior Court of the State of Washington for the County of King to the U.S. District Court for the Western District of Washington on February 16, 2024. The Clerk of Court for the Western District of Washington assigned Case No. 2:24-cv-00221 to the proceeding. The case arises from the Defendants' alleged violations of the Washington Industrial Welfare Act, the Washington Minimum Wage Act, the Wage Rebate Act, and the Seattle Wage Theft Ordinance including failure to accrue and allow the use of paid sick leave, failure to provide meal periods, failure to provide rest periods, requiring employees to work off-the-clock, failure to reimburse employees for expenses, and willful withholding of wages. Marriott International, Inc. is a hospitality company headquartered in Bethesda, Maryland. [BN] The Defendants are represented by: Damon C. Elder, Esq. Claire M. Lesikar, Esq. MORGAN, LEWIS & BOCKIUS LLP 1301 Second Avenue, Suite 3000 Seattle, WA 98101 Telephone: (206) 274-6400 E-mail: damon.elder@morganlewis.com claire.lesikar@morganlewis.com MAXIMUS PRO SOLUTIONS: Murillo Sues Over Unpaid OT, Retaliation --------------------------------------------------------------- Alden Murillo, Daniel Murillo, and other similarly situated individuals, Plaintiffs v. Maximus Pro Solutions Corp, d/b/a Maximus Pools and William Da Silva, individually, Defendants, Case No. 3:24-cv-00111 (M.D. Fla., Jan. 31, 2024) is an action to recover monetary damages for unpaid overtime compensation and retaliation under the Fair Labor Standards Act. According to the complaint, the Defendants willfully failed to pay Plaintiffs regular wages and overtime hours at the rate of time and one-half their regular rate for every hour that they worked over 40. The Plaintiffs disagreed with the lack of payment for overtime hours, and they complained many times about unpaid overtime hours and the 6% deduction. However, the Defendants just ignored Plaintiffs' complaints which constituted protected activity under 29 U.S.C. 215(a)(3). Moreover, as a direct result of Plaintiffs' complaints, Defendant William Da Silva fired the Plaintiffs on October 23, 2023. The Plaintiffs were employed as non-exempt, full-time employees from April 23, 2023 to October 23, 2023, or 28 weeks. They had duties as pool construction laborers at various job sites. Maximus Pro Solutions Corp, d/b/a Maximus Pools, is a construction company specializing in designing and building pools and spas.[BN] The Plaintiffs are represented by: Zandro E. Palma, Esq. ZANDRO E. PALMA, P.A. 9100 S. Dadeland Blvd. Suite 1500 Miami, FL 33156 Telephone: (305) 446-1500 Facsimile: (305) 446-1502 E-mail: zep@thepalmalawgroup.com MEDIASTAR LIMITED: Hossain Sues Over Unprotected Personal Info -------------------------------------------------------------- MUZAKKIR HOSSAIN, and SHAKHAWAT HASSAN, individually and on behalf of all others similarly situated, Plaintiffs v. MEDIASTAR LIMITED d/b/a CHORKI and TRANSCOM LIMITED, Defendants, Case No. 1:24-cv-01201 (S.D.N.Y., February 16, 2024) alleges that the Defendants violated the Video Privacy Protection Act, which prohibits a video tape provider from unlawfully disclosing the personally identifiable information concerning any consumer of such provider. The Defendants produce a wide variety of pre-recorded videos that are watched by millions of consumers nationwide. These platforms are accessible via browser on Chorki's website, as well as on mobile via the Chorki App on Android and Apple devices. However, Defendants knowingly and intentionally disclose their users' personally identifiable information--including a record of every video viewed by the user--to unrelated third parties. Accordingly, Plaintiffs bring this action for damages and other legal and equitable remedies resulting from Defendant's violations of the VPPA, says the suit. Based in Bangladesh, Chorki is a subscription on-demand video streaming platform focused on providing world-class Bangla language content. The platform monetizes its extensive viewership with subscriptions. [BN] The Plaintiffs are represented by: Yitzhak Kopel, Esq. Max S. Roberts, Esq. Victoria X. Zhou, Esq. BURSOR & FISHER, P.A. 1330 Avenue of the America, 32nd Floor New York, NY 10019 Telephone: (646) 837-7150 Facsimile: (212) 989-9163 E-mail: ykopel@bursor.com mroberts@bursor.com vzhou@bursor.com MERCEDES BENZ: Faces Class Action Over Veneer Wood Trim Cracks -------------------------------------------------------------- David A. Wood, writing for CarComplaints.com, reports that a Mercedes wood trim class action lawsuit alleges the interior veneer wood finish trim cracks from defects. The wood trim class action includes these vehicles if equipped with interior veneer wood trim. 2013-2022 Mercedes-Benz ML-Class 2013-2022 Mercedes-Benz GL-Class 2013-2022 Mercedes-Benz GLE-Class 2013-2022 Mercedes-Benz GLS-Class 2013-2022 Mercedes-Benz GLC-Class 2013-2022 Mercedes-Benz GLK-Class Mercedes allegedly knew or should have known the wood trim cracks but the two owners who filed the lawsuit assert the automaker concealed the alleged defects. Illinois plaintiff Jennifer Monilaw purchased a used 2013 Mercedes GL in July 2019 when the vehicle had 56,000 miles on it. She says she first noticed cracks on the wood trim between October and December 2020. At that time the plaintiff called her Mercedes-Benz dealer about the cracked veneer wood trim and was told replacing the wood trim would be expensive. More than three years later she filed this class action lawsuit. Pennsylvania plaintiff Shannyn Burzese purchased a used 2016 Mercedes GL in August 2021 when it had 35,217 miles on the vehicle. She asserts she first saw veneer wood trim cracks in the winter of 2022. The plaintiff called her Mercedes-Benz dealer to inspect the wood trim "Burzese was informed by the Mercedes-Benz dealership that the Veneer Wood Trim would not be repaired or replaced under a warranty and it would cost over one thousand dollars ($1,000) to replace the Veneer Wood Trim and the replacement of the original interior would substantially depreciate the value of the vehicle." — Mercedes wood trim lawsuit The plaintiff did not have the work performed and she complains the wood trim wasn't repaired or replaced for free in the six-year-old Mercedes vehicle. According to the Mercedes wood trim class action lawsuit, the vehicles "are defective, unfit for the ordinary purposes for which they are intended to be used, and not merchantable." The Mercedes-Benz cracked wood trim class action lawsuit was filed in the U.S. District Court for the Northern District of Georgia (Atlanta Division): Monilaw et al., v. Mercedes Benz Group AG, et al. The plaintiffs are represented by Heninger Garrison Davis, LLC, Timoney Knox, LLP, Tycko & Zavareei LLP, and Frederick Law Group, PLLC. [GN] MICROSOFT CORP: Saeedy Privacy Suit Removed to W.D. Washington -------------------------------------------------------------- The case styled NOAH SAEEDY, VISHAL SHAH, TINA WILKINSON, and M.C., a minor, by and through his natural parent and legal guardian, Moses Chatmann III, individually, and on behalf of all others similarly situated v. MICROSOFT CORPORATION, Case No. 24-2-01791-7-SEA, was removed from the Superior Court of the State of Washington for the County of King to the U.S. District Court for the Western District of Washington on February 16, 2024. The Clerk of Court for the Western District of Washington assigned Case No. 2:24-cv-00219 to the proceeding. The case arises from the Defendant's alleged violations of the Electronic Communications Privacy Act (ECPA) and the Computer Fraud and Abuse Act. Microsoft Corporation is an American multinational technology corporation headquartered in Redmond, Washington. [BN] The Defendant is represented by: Stephen M. Rummage, Esq. Fred B. Burnside, Esq. Jaime Drozd, Esq. Xiang Li, Esq. Caleah Whitten, Esq. DAVIS WRIGHT TREMAINE LLP 920 Fifth Avenue, Suite 3300 Seattle, WA 98104 Telephone: (206) 622-3150 E-mail: steverummage@dwt.com fredburnside@dwt.com jaimedrozd@dwt.com xiangli@dwt.com caleahwhitten@dwt.com - and - James Moon, Esq. 865 South Figueroa Street, Suite 2400 Los Angeles, CA 90017 Telephone: (213) 633-6800 Facsimile: (213) 633-6899 E-mail: jamesmoon@dwt.com MORGAN STANLEY: Doe Criminal History Law Suit Removed to D. Mass. ----------------------------------------------------------------- The case styled JANE DOE, on behalf of herself and all others similarly situated v. MORGAN STANLEY & CO., LLC, Case No. 2384CV02850, was removed from the Commonwealth of Massachusetts Superior Court, Department of the Trial Court, Suffolk County, Massachusetts, to the U.S. District Court for the District of Massachusetts on February 16, 2024. The Clerk of Court for the District of Massachusetts assigned Case No. 1:24-cv-10391 to the proceeding. The case arises from the Defendant's alleged violations of the Massachusetts criminal history law by requesting job applicants to disclose information about protected criminal history, keeping records of such information, and using application forms that request such information. Morgan Stanley & Co., LLC is a capital market company, headquartered in New York, New York. [BN] The Defendant is represented by: Justin F. Keith, Esq. GREENBERG TRAURIG One International Place, Suite 2000 Boston, MA 02110 Telephone: (617) 310-6000 Facsimile: (617) 310-6001 MR. COOPER: Fails to Secure Consumers' Personal Info, Randles Says ------------------------------------------------------------------ ADRIAN SCOTT RANDLES, individually and on behalf of all others similarly situated v. MR. COOPER GROUP, INC., a Delaware corporation, and NATIONSTAR MORTGAGE, LLC, d/b/a MR. COOPER, a Delaware limited liability company, and, Case No. 1:24-at-00124 (E.D. Cal., Feb. 7, 2024) sues the Defendants for violating its duty to implement and maintain reasonable security procedures and practices appropriate to the nature of the personal information in its possession for both the Plaintiff and Class members. Mr. Cooper's investigation revealed that there was "unauthorized access to certain of [its] systems between October 30, 2023 and November 1, 2023." Mr. Cooper admitted that the breach was extensive, resulting in the theft of "sensitive information belonging to nearly 15 million current and former customers and applicants," the suit says. The information stolen from Mr. Cooper's network(s) included nonencrypted and nonredacted personal information, for the Plaintiff Randles and the members of the alleged Class, including social security numbers and bank account numbers. As a result of this data breach, the Plaintiff Randles and the members of the alleged Class face a lifetime risk of identity theft, the lawsuit asserts. This action seeks relief expressly authorized by the California Consumer Privacy Act (CCPA); injunctive relief enjoining the Defendants from continuing to violate the CCPA; an award of statutory damages in an amount not less than one hundred dollars ($100) and not greater than seven hundred and fifty ($750) per Class member for each violation of the CCPA; and any other relief the Court deems proper as a result of the Defendants' CCPA violations. Plaintiff Randles has a mortgage loan that, at some time prior to the data breach, was transferred to and serviced by Mr. Cooper. On December 16, 2023, Randles received a letter from Mr. Cooper notifying him that his personal information was affected by a "data security incident" at Mr. Cooper. The letter informed Mr. Randles that his "name, address, phone number, [and] Social Security number" were included in the files impacted by the breach. Mr. Cooper is a Dallas-based mortgage lending and loan servicing Company.[BN] The Plaintiff is represented by: Rebecca Davis, Esq. LOZEAU DRURY LLP 1939 Harrison Street, Suite 150 Oakland, CA 94612 Telephone: (510) 836-4200 Facsimile: (510) 836-4205 E-mail: rebecca@lozeaudrury.com - and - Patrick H. Peluso, Esq. WOODROW & PELUSO, LLC 3900 East Mexico Avenue, Suite 300 Denver, CO 80210 Telephone: (720) 213-0676 Facsimile: (303) 927-0809 E-mail: ppeluso@woodrowpeluso.com NATIONAL ASSOCIATION: Sued Over Conspiracy, Inflated Commissions ---------------------------------------------------------------- ANGELA BOYKIN, individually and on behalf of all others similarly situated, Plaintiff v. NATIONAL ASSOCIATION OF REALTORS et al., 2:24-cv-00340(D.Nev., February 16, 2024), arises from the Defendants' alleged conspiracy to enforce National Association of Realtors's rules, including the Mandatory Offer of Compensation Rule. Plaintiff asserts claims for violations of the Sherman Act, the Nevada Unfair Trade Practices Act, and the Nevada Deceptive Trade Practices Act. The conspiracy led by Defendants and NAR has had several anticompetitive effects in Nevada, including: inflated costs for home sellers and payment of inflated commissions and price competition restraint. As a result, Plaintiff and Class members have each incurred, on average, thousands of dollars in overcharges and damages due to Defendants' alleged conspiracy, says the suit. Headquartered in Chicago, IL, NAR is a lobbying group that advocates for the interests of real estate brokers. The organization oversees state and territorial realtor associations as well as over 1,200 local realtor associations. [BN] The Plaintiff is represented by: G. Mark Albright, Esq. Daniel R. Ormsby, Esq. ALBRIGHT, STODDARD, WARNICK & ALBRIGHT 801 South Rancho Drive, Suite D-4 Las Vegas, NV 89106 Telephone: (702) 384-7111 Facsimile: (702) 384-0605 E-mail: gma@albrightstoddard.com dormsby@albrightstoddard.com - and - Matthew B. George, Esq. Blair E. Reed, Esq. KAPLAN FOX & KILSHEIMER LLP 1999 Harrison Street, Suite 1560 Oakland, CA 94612 Telephone: 415-772-4700 Facsimile: 415-772-4707 E-mail: ingeorge@kaplanfox.com breed@kaplanfox.com - and - Frederic S. Fox, Esq. Jeffrey P. Campisi, Esq. Matthew P. McCahill, Esq. KAPLAN FOX & KILSHEIMER LLP 800 Third Avenue, 38th Floor New York, NY 10022 Telephone: (212) 687-1980 Facsimile: (212) 687-7714 E-mail: ffox@kaplanfox.com jcampisi@kaplanfox.com mmccahill@kaplanfox.com - and - Julie Pettit, Esq. David B. Urteago, Esq. THE PETTIT LAW FIRM 2101 Cedar Springs, Suite 1540 Dallas, TX 75201 Telephone: (214) 329-0151 Facsimile: (214) 329-4076 E-mail: jpettit@pettitfirm.com durteago @pettitfirm.com - and - Michael K. Hurst, Esq. Chris Schwegmann, Esq. Yaman Desai, Esq. Jessica Cox, Esq. LYNN PINKER HURST & SCHWEGMANN, LLP 2100 Ross Avenue, Suite 2700 Dallas, TX 75201 Telephone: (214) 981-3800 Facsimile: (214) 981-3839 E-mail: mhurst@lynnllp.com cschwegmann@lynnllp.com ydesai@lynnllp.com jcox@lynnllp.com NATIONSTAR MORTGAGE: M. England Sues Over Unprotected Personal Info ------------------------------------------------------------------- MATTHEW ENGLAND, on behalf of himself and all others similarly situated, Plaintiff v. NATIONSTAR MORTGAGE LLC d/b/a MR. COOPER; and MR. COOPER GROUP, INC., Defendants, Case No. 3:24-cv-00247-D (N.D. Tex., Jan. 31, 2024) is a class action against the Defendants for negligence; negligence per se for violation of the Federal Trade Commission Act and the Gramm-Leach-Bliley Act; breach of an implied contract; unjust enrichment; and invasion of privacy, arising from a cyberattack that crippled Defendants' data systems in the fall of 2023. According to the complaint, the Defendants have not provided any additional information regarding the mechanism of the data breach itself -- although ransomware seems likely. Despite the seriousness of the data breach, which impacted millions of its customers' personal identifying information, Defendants chose to only offer two-years of identity theft protection which monitors only a single credit bureau and does not adequately address the harm their customers have and will continue to suffer. The Plaintiff and members of the proposed class are victims of Defendants' negligence and deceptive trade practices. Specifically, Plaintiff and members of the proposed class trusted Defendants with their PII. But Defendants betrayed that trust. The Defendants failed to properly industry standard cybersecurity practices to prevent the data breach, and when the data breach was discovered, the Defendants attempted to downplay the data breach's impact by failing to provide the victims with meaningful notice or assistance, says the suit. Nationstar Mortgage LLC, d/b/a Mr. Cooper, is one of the largest mortgage servicers, and the largest non-bank mortgage servicer, in the United States.[BN] The Plaintiff is represented by: Jay Forester, Esq. D. Matthew Haynie, Esq. FORESTER HAYNIE PLLC 400 N. St. Paul St. #700 Dallas, TX 75201 Telephone: (214) 210-2100 Facsimile: (214) 346-5909 E-mail: jay@foresterhaynie.com matthew@foresterhaynie.com - and - Joe P. Leniski, Jr., Esq. HERZFELD, SUETHOLZ, GASTEL, LENISKI & WALL PLLC 223 Rosa Parks Ave., Suite 300 Nashville, TN 37203 Telephone: (615) 800-6225 Facsimile: (615) 994-8625 E-mail: joey@hsglawgroup.com NAVIENT SOLUTIONS: Settles TCPA Class Action for Nearly $20MM ------------------------------------------------------------- Credit and Collection News reports that Navient Solutions Inc. (formerly known as Sallie Mae Inc.) has reportedly agreed to settle two class action lawsuits alleging it violated the Telephone Consumer Protection Act by continuing to contact phone numbers that were designated as a wrong number. If you received text messages or phone calls from Navient on your cell phone between May 4, 2011 and Jan. 26, 2017 after Navient designated the cell phone number as a wrong number, you may be entitled to payment from the class action settlement. Plaintiff Randy Johnson filed the initial class action lawsuit against Navient, claiming that Navient violated the Telephone Consumer Protection Act by using an automatic telephone dialing system to contact consumers' cell phones, when the person subscribed to the phone number was different than the intended recipient. Johnson asserts that, beginning in about September 2014, he began receiving calls from Navient on his cell phone. He says that each time he answered the call, he was greeted with an artificial or prerecorded voice. The calls were allegedly intended for a different recipient, and Johnson says that he informed Navient that he was not the intended recipient of the calls. According to Johnson's TCPA class action lawsuit, he has never been a customer of Navient and never consented to receive calls on his cell phone from Navient. He asserts that Navient violated the TCPA by contacting his cell phone using an automatic telephone dialing system without obtaining his prior express consent. Shelly Toure and Tony Heard filed a similar TCPA class action lawsuit against Navient. This proposed settlement, if approved, will resolve both of these Navient class action lawsuits. Navient has reportedly agreed to pay nearly $20 million to settle the TCPA class action lawsuit. The Navient class action settlement was preliminarily approved on Jan. 26, 2017. [GN] NAVY FEDERAL: NAN Founder Joins Discrimination Class Action Suit ---------------------------------------------------------------- CUtoday.info reports that more attention was pointed at the alleged mortgage lending bias at Navy Federal Credit Union when the Rev. Al Sharpton, founder and president of the National Action Network (NAN), joined attorney Ben Crump and nine alleged victims during a press conference to announce a class action lawsuit against the world's largest credit union. The press conference was held at National Action Network's House of Justice in Harlem, where plaintiffs alleged they were "victims of practice that knowingly chose to treat clients of color unfairly based on their race or ethnicity," according to AMNY.com. 'Will Do Whatever is Necessary' Sharpton said NAN would stand with Crump and offered "we will do whatever is necessary" to address the harm Navy Federal is accused of causing, including picket lines if requested. "They fought for a country to come home and be discriminated against with something as basic as a mortgage," Sharpton said during the event, referring to the plaintiffs who are or were members of the military. "The outrage that has been done to people that have served and protected this country to be treated in this way." Wide Disparity Alleged As CUToday.info reported earlier, Navy Federal Credit Union had the widest disparity in mortgage approval rates between White and Black borrowers of any major lender, a trend that "reached new heights" in 2023, according to an analysis performed by CNN. According to the report, Navy Federal approved more than 75% of the White borrowers who applied for a new conventional home purchase mortgage in 2022, based on the most recent data available from the Consumer Financial Protection Bureau. But less than 50% of Black borrowers who applied for the same type of loan were approved, CNN reported. Navy FCU has said the data has been taken out of context and is not reflective of its policies. 'Largest of Any Major Lender' During the press conference, Crump cited the data in the CNN analysis. "That's a 29% Black-white approval gap, which is the largest of any of the major lending institutions in America," Crump said, according to AMNY.com. "The complaint shows that Navy Federal must have known of the discrimination problems." During the press conference, the nine plaintiffs recounted their experiences and the "hardships they suffered because of the alleged discrimination -- with a number of them breaking down in tears," according to the report. Among them was Christina Hill, who said she enlisted in the Navy in 1990, started banking with Navy Federal Credit Union since it had branches at her base, and shared that she applied for a loan in 2020 to make improvements to her home but was denied despite meeting all necessary qualifications, AMNY.com reported. 'I Felt Defeated' "I felt defeated. This is the first home I've ever owned. And I wanted to make improvements to leave the home to my family. My pride was shattered in Navy Federal, my bank for over 30 years would not give me a loan. I did not believe that," Hill said as tears flowed during her face, according to the AMNY report. Navy FCU Responds In a statement to AMNY, a spokesperson for Navy Federal Credit Union said that they serve their members fairly, and will respond in court to the accusations made at the press conference. "As a not-for-profit credit union, Navy Federal is committed to serving each and every one of our members fairly, and we work daily to help expand economic opportunity and access to credit for our diverse community of members," the Navy FCU spokesperson said. "Black borrowers make up one in four of our members, and we are proud of the fact Navy Federal ranks first among large lenders in the percentage of mortgage loans made to Black borrowers. We have robust fair lending programs that perform testing and review policies, procedures and lending data, which help expand economic opportunity and access to homeownership. While it is Navy Federal's policy not to comment on pending litigation, we look forward to responding to these claims in our forthcoming filings with the court." As CUToday.info has reported earlier, Navy FCU's CEO recently met with members of Congress over the allegations. An earlier class action lawsuit was also filed. [GN] NOHO HOSPITALITY: Website Inaccessible to Blind, Hernandez Says --------------------------------------------------------------- TIMOTHY HERNANDEZ, on behalf of himself and all others similarly situated, Plaintiffs, v. NOHO HOSPITALITY, LLC, Defendant, Case No. 1:24-cv-00694 (E.D.N.Y., Jan. 31, 2024) is a civil rights action against the Defendant for its failure to design, construct, maintain, and operate its website, www.leuca.com, to be fully accessible to and independently usable by Plaintiff and other blind or visually-impaired persons in violation of the Americans with Disabilities Act and the New York City Human Rights Law. On December 30, 2023 and again on January 21, 2024 Plaintiff visited Defendant's website to review the location and menu information in order to visit the restaurant. Despite his efforts, however, Plaintiff was denied an experience similar to that of a sighted individual due to the website's lack of a variety of features and accommodations, which effectively barred Plaintiff from having an unimpeded browsing experience, says the suit. The Plaintiff seeks a permanent injunction to cause a change in Defendant's corporate policies, practices, and procedures so that Defendant's website will become and remain accessible to blind and visually-impaired consumers. NOHO HOSPITALITY, LLC owns online platform Leuca, a Southern Italian restaurant.[BN] The Plaintiff is represented by: PeterPaul Shaker, Esq. STEIN SAKS, PLLC One University Plaza, Suite 620 Hackensack, NJ 07601 Telephone: (201) 282-6500 ext. 102 Facsimile: (201) 282-6501 E-mail: pshaker@steinsakslegal.com NOONANJU INC: Portillo Sues Over Unlawful Labor Practices --------------------------------------------------------- CESAR PORTILLO, NORMA LORENA SAGASTUME, ROMEO UMANA, and YAKELIN KARINA CARRANZA, individually and on behalf of all others similarly situated, Plaintiffs v. NOONANJU INCORPORATED d/b/a FOOD FOR THOUGHT, ANJU KATHURIA and BOBBY KATHURIA, as individuals, Defendants, Case No. 2:24-cv-00782 (E.D.N.Y., Feb. 2, 2024) seeks to recover damages for egregious violations of the Fair Labor Standards Act and the New York Labor Law arising from the Plaintiffs' employment at Defendants. The Plaintiffs allege the Defendants' failure to pay minimum and overtime wages, failure to provide an additional hour of pay at minimum wage for each day worked for more than 10 hours, failure to pay wages owed on a weekly basis, failure to provide written wage notice, and failure to furnish wage statements. The Plaintiffs were previously employed by the Defendants as restaurant workers while performing manual labor and other miscellaneous duties. Noonanju Incorporated, d/b/a Food For Thought, is a restaurant based in New York.[BN] The Plaintiffs are represented by: Roman Avshalumov, Esq. HELEN F. DALTON & ASSOCIATES, PC 80-02 Kew Gardens Road, Suite 601 Kew Gardens, NY 11415 Telephone: (718) 263-9591 Facsimile: (718) 263-9598 NOVA SOUTHEASTERN: Class Cert Bid Filing Extended to May 31 ----------------------------------------------------------- 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 Hon. Judge William P. Dimitrouleas entered an order denying the Plaintiffs' unopposed motion for extension of time for the Plaintiffs to move for class certification, filed on Jan. 26, 2024. -- The deadline for Plaintiffs to file their May 31, 2024 motion for class certification is extended to: Nova offers undergraduate, graduate, and professional degree programs. A copy of the Court's order dated Jan. 26, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=OXeRM7 at no extra charge.[CC] OKLAHOMA: Class Action Over v. Mental Health Department Pending --------------------------------------------------------------- Stephen Council, writing for Tulsa World, reports that Oklahomans judged incompetent for trial remain in jail up to a year or more because the state does not have the mental health facilities or personnel to provide court-ordered treatment, law enforcement officials and mental health advocates say. It is, one observer said, a "Kafkaesque purgatory" in which mentally ill patients often spend more time behind bars awaiting treatment so the legal proceedings against them can proceed than they would for the underlying crime. "These are the forgotten and most powerless people in our society," Tulsa attorney Paul DeMuro said in an interview late last year. "They are profoundly mentally ill and indigent and incarcerated. The trifecta of powerlessness." In a Feb. 23 email, DeMuro said "the situation has only gotten worse" despite claims to the contrary by the Oklahoma Department of Mental Health and Substance Abuse Services. Lawsuit shines spotlight on growing waitlist Under state and federal law, an incompetency finding stops all proceedings in the person's case until competency is restored. Even if prosecutors want to get them out of jail and into a diversion program, they can't. And defense attorneys -- usually public defenders -- can't plead guilty for incompetent clients even if it would mean less jail time and possibly more immediate treatment. In many cases, that can be accomplished through close supervision, medication and therapy. Theoretically, that could happen in jail, but those with expertise in the matter say it's difficult without proper staffing and facilities -- neither of which most jails have, especially given the recent escalation of mental illness and substance abuse nationwide. A 2022 report by the nonprofit Oklahoma Appleseed sparked a pro bono federal class-action lawsuit filed in the Northern District of Oklahoma last spring. Last month District Judge Gregory Frizzell issued another continuance in the case as attorneys for the plaintiffs and the state work toward a settlement. In the meantime, the Oklahoma Department of Mental Health has changed leadership. The class-action suit, for which DeMuro is an attorney of record, says the Oklahoma Department of Mental Health and Substance Abuse Services' competency restoration therapy waiting list grew from "20 to 40" a few years ago to at least 120 at the start of 2023. Other sources say it was more like 300. Restoration efforts in state jails in dispute The exact number of mentally incompetent inmates needing treatment is disputed. The Oklahoma Department of Mental Health says it is treating 270 jail inmates who are awaiting transport to the Oklahoma Forensic Center, the only state-owned facility for in-patient competency restoration treatment. It says new treatment programs in various jails restored the competency of more than 120 individuals in 2023. In a recent email, an agency spokeswoman said: "The department works diligently with court systems throughout the state to find ways to divert people into treatment, particularly with misdemeanor offenses. Misdemeanor offenses represent a significant portion of the cases ordered for competency restoration. If we can facilitate agreement from the courts to divert app cases into civil treatment, then we could reduce the demand on forensic services and hopefully address the underlying disease so that negative consequences are averted in the future." Critics scoff. "The DMH's repeated assertions in the media that it provides statewide 'in-jail restoration programing' is false," DeMuro said on Feb. 23. "Our team has traveled the state to meet with service providers, law enforcement, jail staff and DMH officials regarding DMH's so-called in-jail restoration program. "The bottom line is that no statewide in-jail restoration program exists, at least none that any reasonable professional would recognize as such." Critics say the programs are a fig leaf to convince judges that the issue is being addressed. According to the Tulsa class-action lawsuit, in February 2023 the Department of Mental Health's then-director of communications told lawyers: "Because (the Department) expanded restoration treatment opportunities over the past several months, I am happy to report that there are currently no individuals waiting for competency treatment." The lawsuit called the assertion "preposterous." Jails become de facto mental health facilities Tulsa County Sheriff Vic Regalado refuses to allow the program in his jail, saying it is at best ineffective. When the Legislature last year approved a bill requiring participation, Gov. Kevin Stitt vetoed it. "These unfortunate people are on a de facto waiting list, languishing in county jails waiting for a forensic bed, while DMH attempts to whitewash their status by falsely claiming they are participating in jail-based restoration programing," DeMuro said on Feb. 23. In a court hearing last month, the director of Oklahoma County's jail program acknowledged that his background is mostly in marriage counseling and that his competency restoration training consisted of a sixhour Zoom course. His job, he said, involves checking on each of about 20 inmates once every week or 10 days and that he usually has to converse with them through a cell door meal slot. One of his patients, he said, had been in the jail more than a year without noticeable improvement. A few weeks later, in a separate case, an Oklahoma County judge found the Department of Mental Health in contempt of court and fined it $500 for failing to carry out an October transport order for a mentally ill man charged with throwing a rock at someone. Almost everyone agrees that jails are not a good place to treat the mentally ill and that the Department of Mental Health needs more mental health professionals and beds to clear the waiting list properly. The Oklahoma Forensic Center in Vinita is adding 80 berths to that end, but many people think facilities should be more easily accessible across the state. Regalado says he's offered to lease the Department of Mental Health two empty pods at the Tulsa County jail for that purpose and hopes an agreement can be reached once the agency's new commissioner settles in this spring. Many observers, though, contend that the Department of Mental Health has not made the best use of available resources or been straightforward in its dealings. Many falling through the gaps despite intervention The Tulsa class-action lawsuit alleges that the Department of Mental Health carries out transportation orders based as much or more on threats of legal action as it does medical considerations. Assistant Public Defender Ryan Sullivan, who represented the defendants in one of the Oklahoma County cases, said much the same thing. "They say the list is based on acuteness, but then when somebody files a showcause petition, suddenly it changes," Sullivan said in an interview. Such seems to have been the case with the Tulsa plaintiffs in the class-action lawsuit. Identified in court documents only as T.W. and B.S., their lawyers say the two were transported to the Oklahoma Forensic Center shortly after the suit was filed last spring. At the time, T.W. had been in the Tulsa County jail for about a year and B.S. had been there for 18 months. T.W. was originally arrested on an obstruction charge for refusing to leave a Tulsa restaurant. B.S. was in jail for kicking a hospital security guard and fighting with paramedics. The Tulsa County jail typically houses around 20 people who have been judged incompetent. They are given prescribed medications, if applicable, but cannot be forced to take them. Many individuals resist, either because they don't recognize their own illness or because of the drugs' side effects. The Department of Mental Health says it has invested in intervention services to keep individuals out of the criminal justice system. These include expanding crisis services statewide and increasing the number of psychiatric hospital beds, specialty court services and "community-based efforts to address the needs of people with heightened risk for frequent engagement with law enforcement." But it isn't enough. For reasons experts struggle to explain, more and more people with mental illness and addiction are finding their way into jail cells. "We, as a society, expect far too much from our criminal justice system," DeMuro said. "The criminal justice system has become the receptacle for all of society's ills. And the criminal justice system is a blunt force instrument. It never was designed to treat all of the woes and illnesses of society. And yet that's what we're relying on it to do." [GN] OPENROAD LENDING: Briganti-Ortiz Sues Over Impermissible Inquiries ------------------------------------------------------------------ STEPHON BRIGANTI-ORTIZ, individually and on behalf of all others similarly situated v. OPENROAD LENDING, LLC; GLOBAL LENDING SERVICES, LLC; STELLANTIS FINANCIAL SERVICES, INC. d/b/a FIRST INVESTORS FINANCIAL SERVICES; REGIONAL ACCEPTANCE CORPORATION; and DOES 1 through 10, inclusive, Case No. 2:24-cv-01123-MCS-JC (C.D. Cal., Feb. 9, 2024) sues the Defendants for systematically violating the rights of consumers by inquiring into their consumer credit reports without a permissible purpose, and without adequately notifying them that they would do so, pursuant to the Fair Credit Reporting Act ("FCRA"). In August of 2023, the Plaintiff contacted Defendant OpenRoad to inquire about refinancing his existing auto loan. The Plaintiff filled out the required application, and was quickly approved. Thereafter, the Plaintiff decided not to accept the loan, and ceased doing any business with the Defendant OpenRoad. Despite this, in October of 2023, the Defendant OpenRoad provided Lender Defendants with the Plaintiff's information and credit application, so that Lender Defendants could evaluate the Plaintiff for an auto loan. Then, on October 22, 2023, the Defendant Global inquired into the Plaintiff's consumer credit reports, and on October 23, 2023, the Defendants FI and RAC inquired into the Plaintiff's consumer credit reports. As a result of the Defendants' unauthorized inquiries into the Plaintiff's consumer credit reports, the Plaintiff's credit score dropped. This negatively reflects upon the Plaintiff, the Plaintiff's credit repayment history, the Plaintiff's financial responsibility as a debtor and the Plaintiff's credit worthiness. Moreover, the Defendants improperly acquired sensitive credit and financial information about Plaintiff without having his authorization or any other permissible purpose. The Plaintiff suffered and continues to suffer injury to the Plaintiff's feelings, personal humiliation, embarrassment, mental anguish and emotional distress, and the Defendants are liable to the Plaintiff for the Plaintiff's actual damages, statutory damages, and costs and attorney's fees, the suit asserts. The Plaintiff is a natural person who resides in the County of Los Angeles, State of California, whose credit report was acquired by the Defendants without a permissible purpose. OpenRoad is a Texas-based company that matches consumers to auto refinance loans through its network of lending partners.[BN] The Plaintiff is represented by: Todd M. Friedman, Esq. Adrian R. Bacon, Esq. Matthew R. Snyder, Esq. LAW OFFICES OF TODD M. FRIEDMAN, P.C. 21031 Ventura Blvd., Suite 340 Woodland Hills, CA 91364 Telephone: (323) 306-4234 Facsimile: (866) 633-0228 E-mail: tfriedman@toddflaw.com abacon@toddflaw.com msnyder@toddflaw.com ORVEON GLOBAL: Website Inaccessible to Blind Users, Fernandez Says ------------------------------------------------------------------ JACQUELINE FERNANDEZ, on behalf of herself and all others similarly situated, Plaintiff v. ORVEON GLOBAL US, LLC, Defendant, Case No. 1:24-cv-01184 (S.D.N.Y., February 16, 2024) arises from the Defendant's failure to design, construct, maintain, and operate its Website to be fully accessible to and independently usable by Plaintiff and other blind or visually-impaired people. Plaintiff Fernandez alleges that the Defendant's denial of full and equal access to its Website constitutes a violation of Plaintiff's rights under the Americans with Disabilities Act. Due to Defendant's failure to build its Website in a manner that is compatible with screen access programs, The Plaintiff was unable to understand and properly interact with the Website, and was thus denied the benefit of purchasing the BAREPRO 24HR Wear Skin-Perfecting Matte Liquid Foundation Mineral SPF 20 that Plaintiff wished to acquire from the Website, says the suit. Headquartered in New York City, Orveon Global US, LLC houses three iconic brands of makeup and skincare products, namely bareMinerals, Laura Mercier, and Buxom. The company operates the Website, www.bareminerals.com. [BN] The Plaintiff is represented by: Mark Rozenberg, Esq. STEIN SAKS, PLLC One University Plaza, Suite 620 Hackensack, NJ 07601 Telephone: (201) 282-6500 Facsimile: (201) 282-6501 E-mail: mrozenberg@steinsakslegal.com PACIFIC MARKET: Brown Sues Over Stanley Cups' Lead Content ---------------------------------------------------------- MACKENZIE BROWN, MEILING ROBINSON, SHEA RITCHIE, and NORA McCARL, individually and on behalf of all others similarly situated, Plaintiffs v. PACIFIC MARKET INTERNATIONAL, LLC, a corporation, and DOES 1 through 100, Defendants, Case No.24STCV02653 (Cal. Super., Los Angeles Cty., Feb. 1, 2024) is a class action against the Defendants for fraud, unjust enrichment, and violation of California's False Advertising Law and Unfair Competition Law. This case arises from PMI Pacific Market's admission in January 2024 that its popular Stanley cups contain lead. PMI had previously failed to disclose that information -- presumably because doing so would have hurt PMI's bottom line. After all, PMI's primary target market is young professional women of childbearing age, such as the four named Plaintiffs bringing this Complaint. PMI spends enormous sums to reach this market by paying influencers to advertise Stanley cups as safe, durable products. But PMI did not disclose its use of lead in manufacturing until January 2024. Rather, it advertises its cups as being "BPA-free" and made of stainless steel while omitting lead, another key ingredient used in its vacuum seal, says the suit. The Plaintiffs request a permanent injunction requiring PMI to disclose any lead or other toxins in its products in California; compensatory damages refunding them for all amounts paid for affected Stanley products; punitive damages for PMI's deliberate concealment of its use of lead and of the possibility that damage to a cup could expose consumers to lead; prejudgment interest; attorney fees and costs; and any other relief allowed by law. Pacific Market International, LLC, a Washington limited liability company, manufactures, markets, and designs food and beverage gear.[BN] The Plaintiffs are represented by: John Mayfield Rushing, Esq. Ryan McCarl, Esq. Davit Avagyan, Esq. Elisabeth Nations, Esq. RUSHING MCCARL LLP 2219 Main St. No. 144 Santa Monica, CA 90405 Telephone: (310) 896-5082 PALO ALTO: Bronstein Gewirtz Investigates Securities Claims ----------------------------------------------------------- Bronstein, Gewirtz & Grossman, LLC is investigating potential claims on behalf of purchasers of Palo Alto Networks, Inc. ("Palo Alto" or "the Company") (NYSE:PANW). Investors who purchased Palo Alto securities are encouraged to obtain additional information and assist the investigation by visiting the firm's site: bgandg.com/PANW. Investigation Details: On February 20, 2024, Palo Alto announced its financial results for the second quarter of fiscal year 2024 and lowered its full-year revenue and billings guidance for the third quarter. Palo Alto projected earnings per share to range from $1.24 to $1.26 and revenue guidance of $1.95 billion to $1.98 billion, falling short of analysts' estimates. On this news, Palo Alto's stock price fell $104.12 per share, or 28.44%, to close at $261.97 per share on February 21, 2024. What's Next? If you are aware of any facts relating to this investigation or purchased Palo Alto securities, you can assist this investigation by visiting the firm's site: bgandg.com/PANW. You can also contact Peretz Bronstein or his law clerk and client relations manager, Yael Nathanson of Bronstein, Gewirtz & Grossman, LLC: 332-239-2660. There is No Cost to You We represent investors in class actions on a contingency fee basis. That means we will ask the court to reimburse us for out-of-pocket expenses and attorneys' fees, usually a percentage of the total recovery, only if we are successful. Why Bronstein, Gewirtz & Grossman: Bronstein, Gewirtz & Grossman, LLC is a nationally recognized firm that represents investors in securities fraud class actions and shareholder derivative suits. Our firm has recovered hundreds of millions of dollars for investors nationwide. Attorney advertising. Prior results do not guarantee similar outcomes. Contact: Bronstein, Gewirtz & Grossman, LLC Peretz Bronstein or Yael Nathanson 332-239-2660 | info@bgandg.com [GN] PERSONA IDENTITIES: Faces Parker Suit Over Collection of Biometrics ------------------------------------------------------------------- TREY PARKER and JESSICA BATISTA, on behalf of themselves and all others similarly situated v. PERSONA IDENTITIES, INC., Case No. 1:24-cv-01103 (N.D. Ill., Feb. 7, 2024) seeks for damages and other legal and equitable remedies resulting from the illegal actions of the Defendant in collecting, capturing, storing, using, otherwise obtaining, possessing, and/or disclosing their and other similarly situated individuals' biometric identifiers and biometric information without obtaining prior consent and release from the Plaintiffs. The Defendant has been collecting, storing, and disseminating Dashers' facial geometry scans since at least August 2023. Unbeknownst to the Plaintiffs and Class Members, the Defendant allegedly disclosed the Plaintiffs' biometrics to various third-party vendors, who provided analysis on Plaintiffs' biometrics, maintained backup copies of the Plaintiffs' biometrics, and service the systems on which the Plaintiffs' biometrics were stored. The Defendant never adequately informed the Plaintiffs or the Class of the foregoing activities, and never obtained the requisite informed written and prior consent from the Plaintiffs or the Class regarding the Defendant's biometric collection and disclosures, the suit says. The Plaintiffs bring this action to prevent Defendant from further violating the privacy rights of Illinois residents and to recover statutory damages for the Defendant's unauthorized collection, storage, use and dissemination of these individuals' biometrics in violation of Biometric Information Privacy Act (BIPA). Plaintiff Trey Parker signed up to be a DoorDash Dasher in or around August 2023. During the sign up process, Mr. Parker was required to upload a photograph of his ID card, as well as a series of selfies requiring him to turn his face at different angles for verification purposes. Mr. Parker uploaded the required photos and, once he was approved, began driving for DoorDash. Plaintiff Jessica Batista signed up to be a DoorDash Dasher in March 2021. In January 2024, Ms. Batista attempted to start a shift on the DoorDash App but was told she was required to upload a photo of her ID card, as well as a series of selfies requiring her to turn her face at different angles for verification purposes. Ms. Batista uploaded the required photos and began her shift. The Defendant markets and sells biometric software that purports to help businesses identify and register consumers, users, or employees.[BN] The Plaintiffs are represented by: Carl V. Malmstrom, Esq. WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLC 111 W. Jackson Blvd., Suite 1700 Chicago, IL 60604 Telephone: (312) 984-0000 Facsimile: (212) 686-0114 E-mail: malmstrom@whafh.com - and - Yitzchak Kopel, Esq. Alec M. Leslie, Esq. Max S. Roberts, Esq. Caroline C. Donovan, Esq. BURSOR & FISHER, P.A. 1330 Avenue of the Americas, 32nd Floor New York, NY 10019 Telephone: (646) 837-7408 Facsimile: (212) 989-9163 E-mail: ykopel@bursor.com aleslie@bursor.com mroberts@bursor.com cdonovan@bursor.com PICTSWEET COMPANY: Santos Wage-and-Hour Suit Removed to C.D. Cal. ----------------------------------------------------------------- The case styled ELEAZAR SANTOS, individually and on behalf of all others similarly situated v. THE PICTSWEET COMPANY, EXPRESS SERVICES, INC. DBA EXPRESS PROFESSIONAL SERVICES, and DOES 1 through 10, inclusive, Case No. 24CV00158, was removed from the Superior Court of the State of California for the County of Santa Barbara to the U.S. District Court for the Central District of California on February 15, 2024. The Clerk of Court for the Central District of California assigned Case No. 2:24-cv-01281 to the proceeding. The case arises from the Defendants' violations of the California Labor Code and California's Business and Professions Code including failure to pay minimum and straight time wages, failure to pay overtime wages, failure to provide meal periods, failure to authorize and permit rest periods, failure to timely pay wages at termination, failure to provide accurate itemized wage statements, failure to indemnify employees for expenditures, failure to produce requested employment records, and unfair business practices. The Pictsweet Company is a family-owned, family-run frozen vegetable business, headquartered in Bells, Tennessee. Express Services, Inc., doing business as Express Professional Services, is an employment agency company, headquartered in Oklahoma City, Oklahoma. [BN] The Defendants are represented by: Allison C. Eckstrom, Esq. Christopher J. Archibald, Esq. Amelia Alvarez, Esq. BRYAN CAVE LEIGHTON PAISNER LLP 1920 Main Street, Suite 1000 Irvine, CA 92614 Telephone: (949) 223-7000 Facsimile: (949) 223-7100 E-mail: allison.eckstrom@bclplaw.com christopher.archibald@bclplaw.com amelia.alvarez@bclplaw.com PLANET HOME: Cole Sues Over Alleged Privacy Data Breach ------------------------------------------------------- ANTONIO COLE, individually and on behalf of all others similarly situated, Plaintiff v. PLANET HOME LENDING, LLC, a company, CITRIX SYSTEMS, INC., a corporation, and Defendants, Case No. 0:24-cv-60269-XXXX (S.D. Fla., February 16, 2024) seeks to address the critical flaw in Defendant Citrix's NetScaler software, known as "Citrix Bleed", which allowed hackers and other bad actors to obtain individuals' personal identifying information for unsavory and illegal purposes, asserting claims for negligence, breach of express contract, breach of implied contract, unjust enrichment, and declaratory judgment. Exploitation of the NetScaler vulnerability resulted in a data security incident that Planet announced on January 25, 2024, wherein--on November 15, 2023—the PII of over 284,974 individuals was exposed to unauthorized third parties. Moreover, Planet materially breached the terms of the implied contracts by failing to maintain the privacy of Plaintiff's and Class Members' PII as evidenced by their late notifications of the data breach. The Defendant also failed to comply with industry standards, standards of conduct embodied in statutes like Section 5 of the Federal Trade Commission Act, says the suit. Headquartered in Meriden, CT, Planet is a mortgage servicer operating in the United States. [BN] The Plaintiff is represented by: Antonio Arzola, Jr., Esq. Francesca Kester Burne, Esq. MORGAN & MORGAN COMPLEX LITIGATION GROUP. 201 N. Franklin Street Tampa, FL 33602 PLANET HOME: Mathis Sues Over Failure to Secure Private Info ------------------------------------------------------------ BRANDON MATHIS, on behalf of himself and all others similarly situated, Plaintiff v. PLANET HOME LENDING, LLC, Defendant, Case No. 3:24-cv-00127 (D. Conn., Jan. 31, 2024) is a class action against the Defendant for its failure to properly secure and safeguard Plaintiff's and other similarly situated customers' name, address, Social Security number, loan number, and financial account number from hackers. On January 25, 2024, PHL filed official notice of a hacking incident with the Office of the Maine Attorney General. The private information compromised in the Data Breach included highly sensitive data that represents a gold mine for data thieves, including but not limited to, customers' Social Security number, loan number, and financial account number that PHL collected and maintained. The potential for improper disclosure and theft of Plaintiff's and Class Members' private information was a known risk to PHL, and thus PHL was on notice that failing to take necessary steps to secure the private information left it vulnerable to an attack. The Plaintiff's and Class Members' identities are now at risk because of PHL's negligent conduct as the private information that PHL collected and maintained is now in the hands of data thieves and other unauthorized third parties, says the suit. Accordingly, Plaintiff, on behalf of himself and the Class, asserts claims for negligence, negligence per se, breach of implied contract, unjust enrichment, and declaratory judgment. Planet Home Lending, LLC, based in Meriden, Connecticut, is a full-service mortgage company that serves hundreds of thousands of customers across the U.S.[BN] The Plaintiff is represented by: Oren Faircloth, Esq. Mason A. Barney, Esq. Tyler J. Bean, Esq. SIRI & GLIMSTAD LLP 745 Fifth Avenue, Suite 500 New York, NY 10151 Telephone: (212) 532-1091 E-mail: ofaircloth@sirillp.com mbarney@sirillp.com tbean@sirillp.com PREMIUM ELECTRIC: Faces Burgueno Wage-and-Hour Suit in Cal. Super. ------------------------------------------------------------------ VANESSA BURGUENO, individually and on behalf of all others similarly situated, Plaintiff v. PREMIUM ELECTRIC SOLUTION, INC., VALENTIN GARCIA, and DOES 1 through 20, inclusive, Defendants, Case No. 24STCV03885 (Cal. Super., Los Angeles Cty., February 15, 2024) is a class action against the Defendants for violations of California Labor Code and California's Business and Professions Code including failure to pay minimum wages, failure to furnish wage and hour statements, failure to maintain payroll records, failure to provide meal and rest period compensation, failure to pay overtime compensation, failure to pay wages in a timely manner, waiting time penalties, unfair competition, retaliation, failure to indemnify/reimburse necessary expenditures incurred during discharge of work duties, wrongful constructive termination, and recovery for civil penalties. The Plaintiff worked for the Defendants as a service manager from September 2019. Premium Electric Solution, Inc. is an electrical company doing business in California. [BN] The Plaintiff is represented by: Jonathan P. LaCour, Esq. Lisa Noveck, Esq. Jameson Evans, Esq. Amanda M. Thompson, Esq. EMPLOYEES FIRST LABOR LAW P.C. 1 S. Fair Oaks Ave., Suite 200 Pasadena, CA 91105 Telephone: (310) 853-3461 Facsimile: (949) 743-5442 Email: jonathanl@pierrelacour.com lisan@pierrelacour.com jamesone@pierrelacour.com amandat@pierrelacour.com PROCTER AND GAMBLE: Hadden Suit Moved From N.D. Fla. to E.D.N.Y. ---------------------------------------------------------------- The case styled HALEY HADDEN, et al., individually and on behalf of all others similarly situated v. THE PROCTER AND GAMBLE COMPANY, et al., Case No. 3:24-cv-00035, was transferred from the U.S. District Court for the Northern District of Florida to the U.S. District Court for the Eastern District of New York on February 15, 2024. The Clerk of Court for the Eastern District of New York assigned Case No. 1:24-cv-01104-BMC to the proceeding. The Plaintiffs seek damages as a result of the Defendants' alleged wrongful conduct in connection with the manufacturing, promoting, marketing, sale, and distribution of certain of their allergy, cold and flu products that contain the ingredient phenylephrine, which they claim is an active decongestant. In reality, the Defendants knew that the oral use of phenylephrine is ineffective. The Procter and Gamble Company is an American multinational consumer goods corporation headquartered in Cincinnati, Ohio. [BN] The Plaintiffs are represented by: Rebecca D. Gilliland, Esq. BEASLEY, ALLEN, CROW, METHVIN, PORTIS & MILES, P.C. 218 Commerce Street P.O. Box 4160 (36103) Ste. Building 272 Montgomery, AL 36104 Telephone: (334) 269-2343 E-mail: rebecca.gilliland@beasleyallen.com QBE INSURANCE: Court Ordered to Send Corrective Class Action Notice ------------------------------------------------------------------- InsuranceNEWs.com.au, reports that QBE has been ordered to send a corrective notice to brokers about a proposed class action, amid concerns it suggested intermediaries did not have to follow a court request to advise clients about registration. The Federal Court last year approved wordings for a notice to be sent out inviting potential business interruption class action participants to register their interest. Some 90,000 notices are being sent relating to class actions filed against Lloyd's and QBE by Gordon Legal, and against IAG's Insurance Australia and Hollard by Slater & Gordon. In the case of brokers, a previously approved covering email says the Federal Court requests that they provide a copy of the notice to clients. But Gordon Legal says it was alerted to a message sent by QBE to its brokers, before the official email, which suggested they did not have to inform clients about registering for the class action. The corrective notice that Justice Michael Lee ordered must be sent by the insurer says: "QBE apologises to you and the representative applicants in the class action for sending that email." It advises that the previous communication be ignored. QBE last week told insuranceNEWS.com.au it issued a "partner newsflash" on February 12 that provided an update on a "registration of interest" process the court has ordered the parties to undertake in the business interruption class action. "The partner newsflash was sent to give brokers advance notice of the court's request so that they were able to make resources and time available to undertake the task," the company said in a statement. "QBE did not tell brokers to ignore the court's request that they assist in relation to the registration of interest process, but QBE has accepted that the February 12 2024 partner newsflash contained information that may have created an incorrect or misleading impression. So, QBE will shortly issue a corrective notice to brokers." [GN] R1 RCM HOLDCO: Crouse Sues Over Failure to Pay Overtime Wages ------------------------------------------------------------- LINDA CROUSE, individually, and on behalf of all others similarly situated, Plaintiff v. R1 RCM HOLDCO, INC., a Delaware Corporation, Defendant, Case No. 2:24-cv-00088 (D. Utah, Feb. 2, 2024) is a collective and class action brought pursuant to 29 U.S.C. Section 216(b) and Fed. R. Civ. P. 23 by Plaintiff, individually and on behalf of all similarly situated persons employed by Defendant, arising from Defendant's willful violations of the Fair Labor Standards Act and common law. According to the complaint, the Defendant failed to compensate CSRs for the time they spend performing activities like turning on and booting up their computers, and logging into all required applications to be prepared to begin working as soon as they were permitted to clock in. Therefore, Defendant failed to compensate CSRs for all overtime hours worked, overtime gap time when associated with unpaid overtime, and regular hours in non-overtime week, says the suit. Plaintiff Crouse worked for the Defendant as an hourly Follow-Up Associate from November 23, 2009 to December 11, 2023. R1 RCM Holdco, Inc. provides technology-enabled revenue cycle management services to hospital and health systems solutions.[BN] The Plaintiff is represented by: April L. Hollingsworth, Esq. HOLLINGSWORTH LAW OFFICE, LLC 1881 South 1100 East Salt Lake City, Utah 84105 Telephone: (801) 415-9909 E-mail: april@aprilhollingsworthlaw.com - and - Matthew L. Turner, Esq. Paulina R. Kennedy, Esq. SOMMERS SCHWARTZ, P.C. One Towne Square, 17th Floor Southfield, MI 48076 Telephone: (248) 355-0300 E-mail: mturner@sommerspc.com pkennedy@sommerspc.com REALPAGE UTILITY: Faces Reid Suit Over Bogus Utility-Based Fees --------------------------------------------------------------- Eleshea Reid, individually, Michael Matthews, individually, and on behalf of all others similarly situated v. RealPage Utility Management, Inc., Stephen Scott Management, Inc., Cedar Pass South, LLC, Bader Management, Inc., YES Energy Management, Inc, Case No. 0:24-cv-00368 (D. Minn., Feb. 7, 2024) is a Rule 23 class action brought against all Defendants for conspiring to charge bogus utility-based fees and other charges when sending monthly billing statements to tenants. According to the complaint, the alleged unlawful conduct has several steps. First, the Defendants make demand for bogus utility-based fees in monthly billing statements under the veil and pretext of consent. Second, the Defendants engage in illegal debt collections, which include freezing a tenant's online rent payment portal until the bogus utility fees are paid. Third, the Defendants file and serve bogus eviction complaints for alleged nonpayment of rent that was entirely caused by the Defendants freezing of the rent portal. Payment of utility fees has nothing to do with payment of rent. Also, nonpayment of utility fees is not a material breach of the lease to justify evictions. The Plaintiffs and the Putative Class are charged about $244 in monthly recurring bogus fees during a one-year tenancy. Other bogus fees include a one-time Administrative Fee of $150 when executing the lease. Bogus fees also are charged for alleged premise clean-up after a tenant vacates and for alleged destruction of equipment and property. For Plaintiffs, these bogus fees totaled $10,751, the suit alleges. The Landlord and Scott Management also discriminated against the Plaintiffs by denying reasonable accommodation for her dog to help Plaintiff Reid cope with her disability. They also filed and served two eviction complaints, in part, for burning incense in violation of her constitutional and statutory rights to practice her religion within the privacy of her home, even though the lease explicitly permits the burning of incense. The eviction complaints are pretextual, retaliatory, an abuse of legal process, and breach of the lease, says the suit. Plaintiffs Reid and Matthews bring individual claims against the Landlord and Scott Management for disability and religious discrimination in violation of Title VIII of the Civil Rights of 1988, as amended by the Fair Housing Amendments Act of 1988, and its Minnesota state counterpart. The Plaintiffs rented a residential townhome at 11352 CedarPointe Drive North, Minnetonka, County of Hennepin, Minnesota 55305 from Landlord and property owner, Defendant Cedar Pass South LLC, through a residential lease agreement executed with Landlord's agent and property manager, Scott Management, on November 2, 2022. RealPage is a third-party provider that provides multi-family management services, including billing and debt collections of rent and utilities, for third-party residential landlords and property management companies in Minnesota, nationally and internationally.[BN] The Plaintiffs are represented by: Earl Singh, Esq. SINGH ADVISORS, LLC 711 Smith Avenue South St. Paul, MN 55107 Telephone: (651) 647-6250 Facsimile: (651) 251-1183 E-mail: earl.singh@singhadvisors.com REBECCA ALLEN: Bunting Sues Over Blind-Inaccessible Website ----------------------------------------------------------- RASHETA BUNTING, on behalf of herself and all other persons similarly situated, Plaintiff v. REBECCA ALLEN, INC., Defendant, Case No. 503395/2024 (N.Y. Sup., Kings Cty., February 2, 2024) is a civil rights action against the Defendant for its failure to design, construct, maintain, and operate its website, www.rebecca-allen.com, to be fully accessible to and independently usable by Plaintiff and other blind or visually-impaired persons in violation of the New York State Human Rights Law, the New York State Civil Rights Law, and the New York City Human Rights Law. The Plaintiff browsed and intended to make an online purchase of the All Weather Boot, Black and the Two Strap, Nude I on rebecca-allen.com. However, unless Defendant remedies the numerous access barriers on its website, Plaintiff will continue to be unable to independently navigate, browse, use, and complete a transaction on rebecca-allen.com. Because Defendant's website, rebecca-allen.com, is not equally accessible to blind and visually-impaired consumers, it violates the NYSHRL, NYSCRL, and NYCHRL. Plaintiff seeks a permanent injunction to cause a change in Rebecca Allen's policies, practices, and procedures so that Defendant's website will become and remain accessible to blind and visually-impaired consumers. This complaint also seeks compensatory damages to compensate Plaintiff for having been subjected to unlawful discrimination. Rebecca Allen, Inc. owns the commercial website that offers products and services for online sale. The online store allows the user to view the many lines and styles of shoes offered for sale, make purchases, and perform a variety of other functions.[BN] The Plaintiff is represented by: Dan Shaked, Esq. SHAKED LAW GROUP, P.C. 14 Harwood Court, Suite 415 Scarsdale, NY 10583 Telephone: (917) 373-9128 E-mail: ShakedLawGroup@Gmail.com RENOVARO BIOSCIENCES: Rosen Law Investigates Securities Claims -------------------------------------------------------------- WHY: Rosen Law Firm, a global investor rights law firm, continues to investigate potential securities claims on behalf of shareholders of Renovaro Biosciences Inc. (NASDAQ: RENB) resulting from allegations that Renovaro may have issued materially misleading business information to the investing public. SO WHAT: If you purchased Renovaro securities you may be entitled to compensation without payment of any out of pocket fees or costs through a contingency fee arrangement. The Rosen Law Firm is preparing a class action seeking recovery of investor losses. WHAT TO DO NEXT: To join the prospective class action, go to https://rosenlegal.com/submit-form/?case_id=22506 or call Phillip Kim, Esq. toll-free at 866-767-3653 or email pkim@rosenlegal.com or cases@rosenlegal.com for information on the class action. WHY ROSEN LAW: We encourage investors to select qualified counsel with a track record of success in leadership roles. Often, firms issuing notices do not have comparable experience, resources, or any meaningful peer recognition. Many of these firms do not actually litigate securities class actions. Be wise in selecting counsel. The Rosen Law Firm represents investors throughout the globe, concentrating its practice in securities class actions and shareholder derivative litigation. Rosen Law Firm has achieved the largest ever securities class action settlement against a Chinese Company. Rosen Law Firm was Ranked No. 1 by ISS Securities Class Action Services for number of securities class action settlements in 2017. The firm has been ranked in the top 4 each year since 2013 and has recovered hundreds of millions of dollars for investors. In 2019 alone the firm secured over $438 million for investors. In 2020, founding partner Laurence Rosen was named by law360 as a Titan of Plaintiffs' Bar. Many of the firm's attorneys have been recognized by Lawdragon and Super Lawyers. Attorney Advertising. Prior results do not guarantee a similar outcome. Contact Information: Laurence Rosen, Esq. Phillip Kim, Esq. The Rosen Law Firm, P.A. 275 Madison Avenue, 40th Floor New York, NY 10016 Tel: (212) 686-1060 Toll Free: (866) 767-3653 Fax: (212) 202-3827 lrosen@rosenlegal.com pkim@rosenlegal.com cases@rosenlegal.com www.rosenlegal.com [GN] SALEM COMMUNITY: Stone Class Suit Moved From N.D. Ohio to E.D.N.Y. ------------------------------------------------------------------ The case styled MICHAEL STONE, et al., individually and on behalf of all others similarly situated v. SALEM COMMUNITY HOSPITAL, et al., Case No. 4:23-cv-02421, was transferred from the U.S. District Court for the Northern District of Ohio to the U.S. District Court for the Eastern District of New York on February 15, 2024. The Clerk of Court for the Eastern District of New York assigned Case No. 1:24-cv-01169-RPK-LGD to the proceeding. The case arises from the Defendants' negligence, negligence per se, breach of contract, breach of third-party beneficiary contract, breach of fiduciary duty, unjust enrichment, and declaratory and injunctive relief for their failure to protect the sensitive information of the Plaintiffs and similarly situated individuals following a data breach between March 27, 2023, and May 2, 2023. Salem Community Hospital is a nonprofit corporation, with its principal place of business in Salem, Ohio. [BN] The Plaintiffs are represented by: Jeffrey S. Goldenberg, Esq. Todd B. Naylor, Esq. GOLDENBERG SCHNEIDER, LPA 4445 Lake Forest Drive, Suite 490 Cincinnati, OH 45242 Telephone: (513) 345-8291 Facsimile: (513) 345-8294 E-mail: jgoldenberg@gs-legal.com tnaylor@gs-legal.com - and - Jason P. Sultzer, Esq. Philip J. Furia, Esq. THE SULTZER LAW GROUP P.C. 85 Civic Center Plaza, Suite 200 Poughkeepsie, NY 12601 Telephone: (845) 483-7100 Facsimile: (888) 749-7747 E-mail: sultzerj@thesultzerlawgroup.com furiap@thesultzerlawgroup.com - and - Jeffrey K. Brown, Esq. Andrew Costello, Esq. LEEDS BROWN LAW, P.C One Old Country Road - Suite 347 Carle Place, NY 11514 Telephone: (516) 873-9550 E-mail: jbrown@leedsbrownlaw.com acostello@leedsbrownlaw.com - and - Charles E. Schaffer, Esq. Nicholas J. Elia, Esq. LEVIN SEDRAN & BERMAN LLP 510 Walnut Street, Suite 500 Philadelphia, PA 19106 Telephone: (215) 592-1500 E-mail: cschaffer@lfsblaw.com nelia@lfsblaw.com SALESFORCE.COM INC: Simonelli Sues Over Breach of Fiduciary Duties ------------------------------------------------------------------ CHRIS SIMONELLI, DAVID VILLARREAL, JOSEPH DOUILLARD, MARC RUNYARD, MARK TRACEY and ROBERT RAMIREZ, individually and on behalf of all others similarly situated v. SALESFORCE.COM, INC., BOARD OF DIRECTORS OF SALESFORCE.COM, INC., MARC BENIOFF, THE INVESTMENT ADVISORY COMMITTEE, JOSEPH ALLANSON, STAN DUNLAP, and JOACHIM WETTERMARK, Case No. 3:24-cv-00813 (N.D. Cal., Feb. 9, 2024) is a class action brought pursuant to sections 409 and 502 of the Employee Retirement Income Security Act of 1974, against the Plan's fiduciaries for breaches of their fiduciary duties. The Plaintiffs allege that during the putative Class Period, the Defendants breached the duties they owed to the Plan, to the Plaintiffs, and to the other participants of the Plan by failing to objectively and adequately review the Plan's investment portfolio, initially and on an ongoing basis, with due care to ensure that each investment option was prudent, in terms of risk and performance; and failing to control the Plan's Recordkeeping and Administration costs. The Committee Defendants breached these fiduciary duties in multiple respects. They did not make decisions regarding the Plan's investment lineup based solely on the merits of each investment and what was in the best interest of Plan participants. The Committee Defendants also failed to obtain reasonable recordkeeping fees for the Plan, the Plaintiffs add. Plaintiff Simonelli invested in the JPMorgan Target Date Funds and the Blackrock Equity Dividend fund. He was invested in the JPMSR 2030 R6 from 2018 to the middle of 2019 when the Plan switched to the JPMCB SR PB CF-B and he was mapped to it. Then in 2020 the Plan switched to JPMCB SR PB CF-C and he was mapped to that. He suffered injury to his Plan account from the significant underperformance of these funds. In addition, Plaintiff Simonelli suffered injury to his Plan account by having to pay for his share of consulting fees to maintain any of the lower performing funds in the Plan and to assist with the suitability of RKA costs whether specifically identified herein or not. As a direct and proximate result of the breaches of fiduciary duties alleged herein, the Plan suffered millions of dollars of losses due to excessive administration costs and lower net investment returns. Had the Prudence Defendants complied with their fiduciary obligations, the Plan would not have suffered these losses, and Plan participants would have had more money available to them for their retirement, says the suit. Plaintiff Simonelli resides in Aubrey, Texas. During his employment, Plaintiff Simonelli was subject to the excessive RKA costs of the and suffered injury to his Plan account by paying fees well above reasonable market rates. Salesforce.com operates as a cloud-based software company.[BN] The Plaintiffs are represented by: Daniel L. Germain, Esq. ROSMAN & GERMAIN APC 5959 Topanga Canyon Boulevard, Suite 360 Woodland Hills, CA 91367-7503 Telephone: (818) 788-0877 Facsimile: (818) 788-0885 E-mail: Germain@Lalawyer.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 SELECT ONE: Misclassifies Delivery Drivers, Brown Suit Says ----------------------------------------------------------- JASMINE BROWN, individually and on behalf of all others similarly situated, Plaintiff v. SELECT ONE, INC. and DANIEL GEORGIEVSKI, Defendants, Case No. 1:24-cv-00903 (N.D. Ill., Feb. 1, 2024) arises from the Defendants' alleged unlawful labor practices in violation of the Illinois Wage Payment and Collection Act and the Fair Labor Standards Act. This is an action brought on behalf of current and former delivery drivers challenging Defendant Select One, Inc.'s unlawful practices of misclassifying its drivers as independent contractors and making unlawful deductions from delivery drivers' wages and requiring them to bear expenses which should have been properly borne by Select One. The Plaintiff also contends that, as a result of the deductions and expenses he and other drivers were forced to incur, there were weeks in which the delivery drivers' pay fell below minimum wage. The Plaintiff asserts that, although he and other delivery drivers were classified by Select One as independent contractors, they were, in fact, employees of Select One. The Plaintiff further contends that Defendant Daniel Georgievski is individually liable by virtue of his role within Select One, creating and overseeing Select One's unlawful classification and compensation practices. The Plaintiff provided trucking services for Select One in Illinois as a truck driver between approximately January 2021 and May 2023. Select One, Inc. is a trucking company headquartered in Channahon, Illinois.[BN] The Plaintiff is represented by: Bradley Manewith, Esq. LICHTEN & LISS-RIORDAN, P.C. 5 Revere Drive, Suite 200 Northbrook, IL 60062 Telephone: (617) 994-5800 Facsimile: (617) 994-5801 E-mail: bmanewith@llrlaw.com - and - Harold Lichten, Esq. Olena Savytska, Esq. LICHTEN & LISS-RIORDAN, P.C. 729 Boylston Street, Ste. 2000 Boston, MA 02116 Telephone: (617) 994-5800 Facsimile: (617) 994-5801 E-mail: hlichten@llrlaw.com osavytska@llrlaw.com SOUTHERN ILLINOIS: Hansen Sues Over Failure to Pay Proper OT ------------------------------------------------------------ KRISTI HANSEN, on behalf of herself and all others similarly situated, Plaintiff v. SOUTHERN ILLINOIS HOSPITAL SERVICES, Defendant, Case No. 3:24-cv-00221 (S.D. Ill., Jan. 31, 2024) is a collective and class action brought pursuant to the Fair Labor Standards Act, Illinois' Minimum Wage Law, Illinois' Wage Payment and Collection Act, and Fed. R. Civ. P. 23, by Plaintiff, on behalf of herself and all other similarly situated current and former hourly-paid, non-exempt employees of Defendant, for unpaid overtime compensation, unpaid agreed-upon wages, liquidated damages, costs, attorneys' fees, declaratory and/or injunctive relief, and/or any such other relief the Court may deem appropriate. The Plaintiff was hired by the Defendant as an hourly-paid, non-exempt employee in the position of P.M. Aide on June 1, 2021 until present. She asserts that Defendant operated an unlawful compensation system that deprived and failed to compensate her and all other current and former hourly-paid, non-exempt employees for all hours worked and work performed each workweek, including at an overtime rate of pay for each hour worked in excess of 40 hours in a workweek. Southern Illinois Hospital Services owns, operates, and/or manages hospitals and numerous other healthcare facilities and physical locations in southern Illinois.[BN] The Plaintiff is represented by: James A. Walcheske, Esq. Scott S. Luzi, Esq. David M. Potteiger, Esq. WALCHESKE & LUZI, LLC 235 N. Executive Drive, Suite 240 Brookfield, WI 53005 Telephone: (262) 780-1953 Facsimile: (262) 565-6469 E-mail: jwalcheske@walcheskeluzi.com sluzi@walcheskeluzi.com dpotteiger@walcheskeluzi.com SOUTHWEST AIRLINES: Court Dismisses Securities 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 on September 20, 2023, the United States District Court for the Northern District of Texas in Dallas issued an opinion granting the company's motion to dismiss as to all claims in a February 19, 2020 complaint alleging violations of federal securities laws. On October 5, 2023, said court entered a final judgment dismissing the suit in its entirety with prejudice. The lead plaintiff has filed no timely notice of appeal. The initial complaint alleged violations of federal securities laws and seeking certification as a class action was filed against the company and certain of its officers in said court. A lead plaintiff has been appointed in the case, and an amended complaint was filed on July 2, 2020. The amended complaint seeks damages on behalf of a putative class of persons who purchased the company's common stock between February 7, 2017, and January 29, 2020. The amended complaint asserts claims under Sections 10(b) and 20 of the Securities Exchange Act and alleges that the company made material misstatements to investors regarding the its safety and maintenance practices and its compliance with federal regulations and requirements. The amended complaint generally seeks money damages, pre-judgment and post-judgment interest, and attorneys’ fees and other costs. On August 17, 2020, the company and the individual defendants filed a motion to dismiss. On October 1, 2020, the lead plaintiff filed a response in opposition to the motion to dismiss. The company filed a reply on or about October 21, 2020. 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. STEELSCAPE WASHINGTON: Jenkins Labor Suit Removed to W.D. Wash. --------------------------------------------------------------- The case styled MICHAEL JENKINS, individually and on behalf of all others similarly situated v. STEELSCAPE WASHINGTON LLC, Case No. 24-2-00032-08, was removed from the Superior Court of Washington for Cowlitz County to the U.S. District Court for the Western District of Washington on February 15, 2024. The Clerk of Court for the Western District of Washington assigned Case No. 3:24-cv-05127 to the proceeding. The case arises from the Defendant's alleged violations of the Minimum Wage Act, the Industrial Welfare Act, and the Wage Rebate Act. Steelscape Washington LLC is a supplier of metallic-coated and pre-painted steel based in Washington. [BN] The Defendant is represented by: Todd L. Nunn, Esq. K&L GATES LLP 925 Fourth Avenue, Suite 2900 Seattle, WA 98104 Telephone: (206) 623-7580 Facsimile: (206) 623-7022 E-mail: todd.nunn@klgates.com SULLIVAN & CROMWELL: Garrison et al. Allege Civil Conspiracy ------------------------------------------------------------ EDWIN GARRISON, et al., on behalf of themselves and all others similarly situated, Plaintiffs v. SULLIVAN & CROMWELL, LLP., Defendant, Case No. 1:24-cv-20630-XXXX (S.D. Fla., February 16, 2024) arises from the Defendant's involvement in the FTX Group's multibillion dollar fraud and asserts claims for civil conspiracy, common law aiding and abetting fraud and fiduciary breach, and for violations of the Racketeer Influenced and Corrupt Organizations Act. Allegedly, S&C facilitated the scheme to defraud and RICO enterprise by agreeing to provide and providing legal services to FTX US and FTX Trading Ltd., including through advice and counsel to Dan Friedberg and Ryne Miller, and officers of the FTX entities. S&C did so knowingly, recklessly, or with willful blindness to the nature of the RICO enterprise but within the scope of the S&C's employment and in furtherance of the firm's business. In fact, in exchange for S&C's counsel in these matters, FTX paid S&C significant fees. In addition, S&C had the specific intent to participate in the overall RICO enterprise, which is evidenced by its words and conduct in providing substantial assistance in facilitating the misappropriation of customer funds and the concealment of that misappropriation. Further, S&C reasonably calculated this assistance to shield the commingling and misappropriation of customer funds and to generally obfuscate the scheme to defraud Plaintiffs and members of the Class, says the suit. Headquartered in New York City, S&C is an unincorporated limited liability partnership organized under the law of New York with offices throughout the country. The firm provides services to financial and FinTech industry members on their most significant blockchain, digital assets and currencies, and cryptocurrency-related legal and business issues. [BN] The Plaintiffs are represented by: Adam M. Moskowitz, Esq. Joseph M. Kaye, Esq. THE MOSKOWITZ LAW FIRM, PLLC Continental Plaza 3250 Mary Street, Suite 202 Coconut Grove, FL 33133 Telephone: (305) 740-1423 E-mail: adam@moskowitz-law.com joseph@moskowitz-law.com service@moskowitz-law.com - and - Kerry J. Miller, Esq. Molly L. Wells, Esq. C. Hogan Paschal, Esq. FISHMAN HAYGOOD L.L.P. 201 St. Charles Avenue, 46th Floor New Orleans, LA 70170-4600 Telephone: (504) 586-5252 Facsimile: (504) 586-5250 E-mail: kmiller@fishmanhaygood.com mwells@fishmanhaygood.com hpaschal@fishmanhaygood.com - and - José M. Ferrer, Esq. Desiree Fernandez, Esq. MARK MIGDAL & HAYDEN Brickell City Tower 80 SW 8th Street, Suite 1999 Miami, FL 33130 E-mail: jose@markmigdal.com desiree@markmigdal.com eservice@markmigdal.com THOUGHTWORKS HOLDING: Rosen Law Investigates Securities Claims -------------------------------------------------------------- WHY: Rosen Law Firm, a global investor rights law firm, continues to investigate potential securities claims on behalf of shareholders of Thoughtworks Holding, Inc. (NASDAQ: TWKS) resulting from allegations that Thoughtworks may have issued materially misleading business information to the investing public. SO WHAT: If you purchased Thoughtworks' securities you may be entitled to compensation without payment of any out of pocket fees or costs through a contingency fee arrangement. The Rosen Law Firm is preparing a class action seeking recovery of investor losses. WHAT TO DO NEXT: To join the prospective class action, go to https://rosenlegal.com/submit-form/?case_id=22590 or call Phillip Kim, Esq. toll-free at 866-767-3653 or email pkim@rosenlegal.com or cases@rosenlegal.com for information on the class action. WHAT IS THIS ABOUT: On February 12, 2024, after market hours, Thoughtworks filed a Current Report on Form 8-K with the SEC announcing its "previously issued unaudited condensed consolidated financial statements as of and for the quarterly periods ended June 30, 2023 and September 30, 2023 (collectively, the 'Non-Reliance Periods') included in the Quarterly Reports on Form 10-Q filed with the Securities and Exchange Commission (the 'SEC') for the Non-Reliance Periods, (1) should no longer be relied upon due to an inaccurate presentation of the change in cash flows ascribed to operating activities in the condensed consolidated statement of cash flows, as further described below, and (2) will require restatement. Similarly, any previously issued or filed reports, earnings releases, and investor presentations or other communications describing the Company's condensed consolidated unaudited financial statements and other related financial information covering the Non-Reliance Periods should no longer be relied upon." On this news, Thoughtworks' stock price fell 6% to close at $4.14 per share on February 13, 2024, the next trading day. WHY ROSEN LAW: We encourage investors to select qualified counsel with a track record of success in leadership roles. Often, firms issuing notices do not have comparable experience, resources, or any meaningful peer recognition. Many of these firms do not actually litigate securities class actions. Be wise in selecting counsel. The Rosen Law Firm represents investors throughout the globe, concentrating its practice in securities class actions and shareholder derivative litigation. Rosen Law Firm has achieved the largest ever securities class action settlement against a Chinese Company. Rosen Law Firm was Ranked No. 1 by ISS Securities Class Action Services for number of securities class action settlements in 2017. The firm has been ranked in the top 4 each year since 2013 and has recovered hundreds of millions of dollars for investors. In 2019 alone the firm secured over $438 million for investors. In 2020, founding partner Laurence Rosen was named by law360 as a Titan of Plaintiffs' Bar. Many of the firm's attorneys have been recognized by Lawdragon and Super Lawyers. Attorney Advertising. Prior results do not guarantee a similar outcome. Contact Information: Laurence Rosen, Esq. Phillip Kim, Esq. The Rosen Law Firm, P.A. 275 Madison Avenue, 40th Floor New York, NY 10016 Tel: (212) 686-1060 Toll Free: (866) 767-3653 Fax: (212) 202-3827 lrosen@rosenlegal.com pkim@rosenlegal.com cases@rosenlegal.com www.rosenlegal.com [GN] THREE ACES: Criollo Sues Over Unpaid Minimum, Overtime Wages ------------------------------------------------------------ HENDRY CRIOLLO, individually and on behalf of others similarly situated, Plaintiff v. THREE ACES TRANSPORTATION INC., Defendant, Case No. 2:24-cv-00595 (D.N.J., Feb. 1, 2024) arises from the Defendant's failure to pay proper minimum and overtime wages in violation of the Fair Labor Standards Act and the New Jersey State Wage and Hour Law. The complaint alleges that Defendants have willfully and intentionally committed widespread violations of the FLSA and NJWHL by engaging in a pattern and practice of failing to pay its employees, including Plaintiff, minimum wage and overtime compensation for all hours worked over 40 each workweek. The Plaintiff was employed by the Defendant from March 10, 2023 until January 23, 2024 as a security guard, in addition to other tasks such as cleaning and moving trucks. Three Aces Transportation Inc. is a trucking company running freight hauling business based in Fairview, New Jersey.[BN] The Plaintiff is represented by: Lina Stillman, Esq. STILLMAN LEGAL P.C. 42 Broadway, 12th Floor New York, NY 10004 Telephone: (212) 203-2417 TRAFFIC MANAGEMENT: Carr Sues Over Work Time Rounding Practices --------------------------------------------------------------- BRIAN CARR, individually and on behalf of all others similarly situated, Plaintiff v. TRAFFIC MANAGEMENT INC., a California corporation, Defendant, Case No. 2:24-cv-01333 (C.D. Cal., February 16, 2024), seeks to recover unpaid wages, liquidated damages, attorney's fees, costs, and other relief as appropriate under the Fair Labor Standards Act. The Defendant employed Plaintiff from approximately August 19, 2019 through October 12, 2023. Throughout his employment with Defendant, Plaintiff punched in on Defendant's time-clock system at the beginning of his shifts and punched out at the end of his shifts. However, Defendant maintains an unlawful rounding policy which rounds employee punch-in and punch-out times in a way that inured to Defendant’s benefit. As a result, Defendant failed to pay Plaintiff for all time worked, says the suit. Traffic Management Inc., is a California corporation that provides traffic control services, engineering, equipment rentals, product sales, sign manufacturing/installation and 24/7 emergency dispatch response. [BN] The Plaintiff is represented by: Jonathan Melmed, Esq. Laura Supanich, Esq. MELMED LAW GROUP P.C. 1801 Century Park East, Suite 850 Los Angeles, CA 90067 Telephone: (310) 824-3828 Facsimile: (310) 862-6851 E-mail: jm@melmedlaw.com lms@melmedlaw.com - and - Kevin J. Stoops, Esq. SOMMERS SCHWARTZ, P.C. 1801 Century Park East, Suite 860 Los Angeles, CA 90067 Telephone: (248) 355-0300 E-mail: kstoops@sommerspc.com UKG INC: Gannozzi Sues Over Failure to Secure Personal Info ----------------------------------------------------------- FRANK GANNOZZI, individually and on behalf of all others similarly situated, Plaintiff v. UKG INC., Defendant, Case No. 0:24-cv-60184-RS (S.D. Fla., Feb. 1, 2024) is a class action arising from Defendant's failure to properly secure, safeguard, and adequately destroy Plaintiff's and Class Members' sensitive personal identifiable information that it had acquired and stored for its business purposes. The Defendant's data security failures allowed a targeted cyberattack to compromise Defendant's network that, upon information and belief, contained personally identifiable information of Plaintiff and other individuals. The Data Breach occurred on or around October 30, 2023. UKG began sending notice letters to Plaintiff and Class Members on January 5, 2024. According to the complaint, the Defendant failed to adequately protect Plaintiff's and Class Members PII -- and failed to even encrypt or redact this highly sensitive information. This unencrypted, unredacted PII was compromised due to Defendant's negligent and/or careless acts and omissions and its utter failure to protect the sensitive data of its clients' employees. Hackers targeted and obtained Plaintiff's and Class Members' PII because of its value in exploiting and stealing the identities of Plaintiff and Class Members. The present and continuing risk to victims of the Data Breach will remain for their respective lifetimes, says the suit. As a result of the Data Breach, Plaintiff and Class Members have been exposed to a heightened and imminent risk of fraud and identity theft. The Plaintiff and Class Members must now and in the future closely monitor their financial accounts to guard against identity theft, the suit asserts. UKG Inc. is an HR and workforce management company that provides services to approximately 80,000 organizations.[BN] The Plaintiff is represented by: Jeff Ostrow, Esq. KOPELOWITZ OSTROW, P.A. One West Las Olas Blvd., Suite 500 Fort Lauderdale, FL 33301 Telephone: (954) 332-4200 E-mail: ostrow@kolawyers.com - and - Andrew J. Shamis, Esq. SHAMIS & GENTILE P.A. 14 NE 1st Ave., Suite 705 Miami, FL 33132 Telephone: (305) 479-2299 E-mail: ashamis@shamisgentile.com VALNET INC: Quintiliano Labor Suit Removed to C.D. California ------------------------------------------------------------- The case styled DANIEL QUINTILIANO, individually and on behalf of all others similarly situated v. VALNET, INC., VALNET, U.S., INC., and DOES 1-10, Case No. 23STCP04605, was removed from the Superior Court of the State of California in and for the County of Los Angeles to the U.S. District Court for the Central District of California on February 15, 2024. The Clerk of Court for the Central District of California assigned Case No. 2:24-cv-01284 to the proceeding. The case arises from the Defendants' violations of the California Labor Code and California's Business and Professions Code including failure to pay minimum wages, failure to pay overtime wages, failure to provide meal periods, failure to provide rest periods, failure to furnish accurate wage statements, failure to reimburse business expenses, and unfair competition. Valnet, Inc. is a media company in Montreal, Canada. Valnet, U.S., Inc. is a digital media investment company, doing business in California. [BN] The Defendants are represented by: KEVIN E. GAUT, Esq. MITCHELL SILBERBERG & KNUPP LLP 2049 Century Park East, 18th Floor Los Angeles, CA 90067 Telephone: (310) 312-2000 Facsimile: (310) 312-3100 E-mail: keg@msk.com WALMART INC: June 5 Settlement Claims Filing Deadline Set --------------------------------------------------------- TheFreebieGuy reports that there is a new Class Action settlement with Walmart! You could be eligible to receive free cash back with NO proof of purchase required! Who's Eligible If you purchased certain sold-by-weight meat, poultry, pork, and seafood products (referred to as "Weighted Goods") and certain organic oranges, grapefruit, tangerines, and navel oranges sold in bulk in mesh or plastic bags (referred to as "Bagged Citrus") between October 19, 2018 through and including January 19, 2024. You can find more detailed descriptions of the products here. https://www.walmartweightedgroceriessettlement.com/product-descriptions Award Amount -- If the Court approves the Settlement, Settlement Class Members who submit a valid and timely Claim Form will be entitled to a cash payment with a maximum amount up to $500 with proof of purchase. Proof of Purchase -- Not Required for up to 100 or more Bagged Citrus or Weighted Goods purchased. Claim Deadline -- June 5, 2024 MORE INFO HERE SUBMIT CLAIM HERE https://www.walmartweightedgroceriessettlement.com/ [GN] WASTE PRO USA: Faces Marin Suit Over Unpaid Overtime Wages ---------------------------------------------------------- MARIO R. MARIN, on behalf of himself and other similarly situated individuals, Plaintiff v. WASTE PRO USA, INC., Defendant, Case No. 0:24-cv-60178 (S.D. Fla., Jan. 31, 2024) is an action against the Defendant to recover money damages for unpaid overtime wages under the Fair Labor Standards Act. The class in this collective action includes all current and former employees similarly situated to Plaintiff who worked in excess of 40 hours during one or more weeks within the material time, without being paid for every overtime hours at the rate of time and a half his regular rate pursuant to the federal law. Plaintiff Marin was employed by the Defendant from June 1, 2020 through August 14, 2023, or 167 weeks, as a waste disposal driver. Waste PRO USA, Inc. is a Florida Corporation that owns and operates a sanitation or trash collection and recycling business in Broward and Dade County.[BN] The Plaintiff is represented by: Zandro E. Palma, Esq. ZANDRO E. PALMA, P.A. 9100 S. Dadeland Blvd. Suite 1500 Miami, FL 33156 Telephone: (305) 446-1500 Facsimile: (305) 446-1502 E-mail: zep@thepalmalawgroup.com ZAFRAN GRILL: Faces Navarro Wage-and-Hour Suit in E.D.N.Y. ---------------------------------------------------------- CIPRIANO NAVARRO, on behalf of himself and other similarly situated employees, Plaintiff v. ZAFRAN GRILL LLC (DBA ZAFRAN GRILL STEAKHOUSE) and FARHAD SHEIK, individually, Defendants, Case No. 1:24-cv-00815 (E.D.N.Y., Feb. 3, 2024) arises from the Defendants' unlawful labor practices in violation of the Fair Labor Standards Act, the New York Labor Law, and related provisions from Title 12 of New York Codes, Rules, and Regulations. According to the complaint, the Defendants' conduct extended beyond Plaintiff to all other similarly situated employees. At all times relevant to this Complaint, Defendants maintain a policy and practice of requiring Plaintiff and other employees to work without providing the minimum and overtime compensation required by federal and state law and regulations. The Plaintiff also brings this action under NYLL's Wage Theft Prevention Act for Defendants' failure to provide written notice of wage rates violating said laws. The Defendants further controlled, supervised, guided, and instructed what limited recordkeeping took place, which Plaintiff contends is deficient pursuant to FLSA and NJWHL requirements. The Plaintiff was employed by the Defendants as a cook from approximately March 2022 until December 7, 2023. Zafran Grill LLC owns and operates Zafran Grill Steakhouse restaurant based in Hicksville, New York. [BN] The Plaintiff is represented by: Lina Stillman, Esq. STILLMAN LEGAL, P.C. 42 Broadway, 12th Floor New York, NY 10004 Telephone: (212) 203-2417 ZANBOFER INC: Fails to Pay OT Wages Under FLSA, Quintanilla Says ---------------------------------------------------------------- KEVIN QUINTANILLA, individually and on behalf of others similarly situated v. ZANBOFER INC. d/b/a DELICACIES GOURMET, ZANBOCAFE INC., 1354 OLD NORTHERN BLVD. INC., and JAMES ZANFARDINO, Case No. 2:24-cv-01036 (E.D.N.Y., Feb. 9, 2024) seeks to recover unpaid overtime pay, spread-of-hours pay and other monies pursuant to the Fair Labor Standards Act and the New York Labor Law. During the 13-year duration of the Plaintiff's employment, with the exception of a 4-month period when he was hospitalized with Covid-19 and unable to work, he consistently worked far in excess of 40 hours per week, without receiving the statutorily required overtime pay for hours worked in excess of 40 hours, the suit says. Beginning June 1, 2009, and continuing until May 31, 2015, the Plaintiff worked at least six (6) days per week, 12 hours per day, for a total of 72 compensable hours per week. The Plaintiff was paid the same hourly wage for all of the hours he worked, including those over forty (40) in a workweek. Moreover, the Defendants failed to pay Plaintiff the statutorily required spread-of-hours pay of an additional hour's pay for every day in which the Plaintiff's shift exceeded ten (10) hours; failed to provide the Plaintiff with accurate wage statements; and failed to provide statutorily mandated regular breaks during the workday, the suit adds. The Defendants paid the Plaintiff in cash, and intentionally failed to maintain accurate records of hours worked or wages paid so that they could evade the federal and state labor laws. Further, the Plaintiff seeks compensatory damages for money he invested in the Corporations as a result of the Defendants' promises to convey to the Plaintiff a 6% ownership of the business in June of 2019. The Plaintiff paid the Defendants $120,000 in cash in exchange for 6% of the shareholder interests in the business. However, the Defendants failed to provide the Plaintiff with his shares of the business, and were consequently unjustly enriched by his investment, the Plaintiff asserts. The Plaintiff was employed by Delicacies Gourmet from June of 2009 until May 31, 2022. Zanbofer is in the food service business.[BN] The Plaintiff is represented by: Gayle S. Gerson, Esq. Jillian L. Mcneil, Esq. JASPAN SCHLESINGER NERANDRAN LLP 200 Garden City Plaza, 5th Floor Garden City, NY 11561 Telephone: (516) 746-8000 ZO SKIN HEALTH: Rhone Files ADA Suit in S.D. New York ----------------------------------------------------- A class action lawsuit has been filed against ZO Skin Health, Inc. The case is styled as Tonimarie Rhone, on behalf of herself and all others similarly situated v. ZO Skin Health, Inc., Case No. 1:24-cv-01121 (S.D.N.Y., Feb. 15, 2024). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. ZO Skin Health -- https://zoskinhealth.com/ -- provides a comprehensive range of solutions that will restore skin to a healthy state.[BN] The Plaintiff is represented by: Noor H. Abou-Saab, I, Esq. LAW OFFICE OF NOOR A. SAAB 380 North Broadway, Suite 300 Jericho, NY 11753 Phone: (718) 740-5060 Email: noorasaablaw@gmail.com ********* S U B S C R I P T I O N I N F O R M A T I O N Class Action Reporter is a daily newsletter, co-published by Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Washington, D.C., USA. Rousel Elaine T. Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L. Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors. Copyright 2024. All rights reserved. ISSN 1525-2272. This material is copyrighted and any commercial use, resale or publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. Information contained herein is obtained from sources believed to be reliable, but is not guaranteed. The CAR subscription rate is $775 for six months delivered via e-mail. Additional e-mail subscriptions for members of the same firm for the term of the initial subscription or balance thereof are $25 each. For subscription information, contact Peter A. Chapman at 215-945-7000. *** End of Transmission ***