/raid1/www/Hosts/bankrupt/CAR_Public/240305.mbx
C L A S S A C T I O N R E P O R T E R
Tuesday, March 5, 2024, Vol. 26, No. 47
Headlines
ADDSHOPPERS INC: Filing for Class Cert. Bid in McClung Due Sept. 26
ADVOCATE AURORA: Faces Shaw Suit Over Health Plan Monopoly
AETNA INC: Banks Suit Transferred to S.D. Florida
AETNA INC: Vogel Suit Transferred to S.D. Florida
AETNA INTERNATIONAL: S. W. Suit Transferred to S.D. Florida
AETNA LIFE: Seeks Leave to File Docs Under Seal
ALCOA CORPORATION: Garfield Seeks to Nullify Advance Notice Bylaw
ALLIED COMMUNITY: Kolonziaa & May-Javeed Sue Over Unpaid Overtime
ALORICA INC: Munoz 401(K) Plan Suit Seeks to Certify Class
ALPHA OES LLC: Senior Files ADA Suit in S.D. New York
ALTUS JOBS: Klinakis Suit Seeks Rule 23 Class Certification
AMAZON.COM INC: Class Fact Discovery in Mahone Suit Due July 5
ANGELS OF CARE: Carter Suit Removed to E.D. Pennsylvania
APPLE INC: Court OK's Class Certification Bid in Antitrust Suit
ASHFORD INC: Bonnette Files Suit in N.D. Texas
ASIAN HEALTH: Bradford Suit Removed to N.D. California
ASPEN DENTAL: Sued Over Alleged Illegal Website Wiretapping
AUTO CLUB: Barkel-Williams Seeks to Certify Rule 23 Class
AZCO SUPPLY INC: Valladarez Files Suit in Cal. Super. Ct.
BAKKT HOLDINGS: Continues to Defend Securities Class Suit in NY
BAYER AG: Perez-Hernandez Suit Transferred to C.D. California
BENEFICIENT INC: Continues to Defend Bayati Class Suit
BENEFICIENT INC: Continues to Defend Scura Class Suit in N.D. Texas
BIOMARIN PHARMACEUTICAL: Settlement in Class Suit Gets Final Nod
BOSTON FINANCE: Misappropriates Special Trust Fund, Chamberlin Says
BOYD FOODS: Fails to Properly Pay Restaurant Staff, Wilson Claims
BRIGHT ENERGY: Doughty Files TCPA Suit in W.D. Texas
BRINK'S INC: Faces Iraheta Wage and Hour Suit in California
CALIFORNIA OLIVE: Has Made Unsolicited Calls, Lewis Suit Claims
CAMPBELL SOUP: Ruiz Suit Removed to N.D. California
CANADA: Due for Clean Drinking Water Class Action Filing Set Mar 7
CAPITAL ONE: Janowitz Sues Over Unfair Debt Collection Practices
CARBON HEALTH: St. Aubin Sues Over Illegal Wiretapping
CELSIUS HOLDINGS: Class Settlement in APOPP Suit Gets Final Nod
CENTER HOME: Moore Sues Over Labor Law Violations
CENTRAL ADMIXTURE: Naumann Suit Removed to S.D. California
CHANCELLOR SENIOR: Plaintiffs Seek to Strike Supplement for Hearing
CHSPSC LLC: Gatti Suit Transferred to S.D. Florida
CLEAN HARBORS: Sanctis Suit Transferred to E.D. California
COLBEA ENTERPRISES: Darden Suit Seeks to Certify FLSA Collective
COMMUNITY HEALTH: Fails to Pay OT Wages, McGaha Suit Claims
COMMUNITY HEALTH: Ferguson Suit Transferred to S.D. Florida
COMMUNITY HEALTH: Kuffrey Suit Transferred to S.D. Florida
COMMUNITY HEALTH: Martin Suit Transferred to S.D. Florida
COMMUNITY HEALTH: McGowan Suit Transferred to S.D. Florida
COMMUNITY HEALTH: McVittie Suit Transferred to E.D. Tennessee
COMPLETE COLLECTION: Feist FDCPA Suit Removed to E.D. Pennsylvania
CONCORD MUSIC: Edwards Files Suit in M.D. Tennessee
CONSENSIOHEALTH LLC: Hawthorne Sues Over Alleged Cyberattack
CORECIVIC OF TENNESSEE: Eriksen and Mirabal Seek Proper OT Wages
CORSAIR GAMING: Plaintiffs Seek to Seal Certain Class Cert Docs
COUNTER BRANDS: Shawgo Suit Removed to D. Minnesota
CREDIT UNION: Class Cert Bid Struck in Lucero Class Action
CSX CORP: Continues to Defend Fuel Surcharge Antitrust Class Suit
DIDI HIRSCH PSYCHIATRIC: Adams Files Suit in Cal. Super. Ct.
DOLLAR TREE INC: Ramirez Suit Transferred to D. Maryland
ECOLAB INC: Faces Bennett Suit Over ERISA Violations
EIDP INC: $2MM Disbursed from Settlement Deal
EIDP INC: Faces Multiple Suits Over Cape Fear Water Contamination
ENCHANTING EARTH: Has Made Unsolicited Calls, Figueroa Claims
EQT CORP: Trial Date Still Not Set in Securities Class Suit
ERIC L. AFFELDT: Drulias Files Suit in Del. Chancery Ct.
ESH RESTAURANT: Paguay Suit Seeks to Certify Rule 23 Class
FEDERAL HOME: Trial of Ohio Public Securities Suit to Start Oct. 21
FLAGSTAR BANK: Kuca Sues Over Unprotected Private Information
FLYNN RESTAURANT: Green Sues Over Unlawful Biometric Collection
FREMANTLE PRODUCTIONS: Faces Sarao Labor Code Suit in Cal. Super.
GEORGE LITTLE: Court Lifts Stay on Harris Suit
GOLDCO DIRECT: Class Cert Bid Filing Extended to May 31
GRAFTECH INT'L: Continues to Defend Stockholder Class Suit in Ohio
GRUMA CORPORATION: Zamora Suit Removed to N.D. California
HAWAIIAN ELECTRIC: Captain Jacks Suit Removed to D. Hawaii
HCA HEALTHCARE: Rum Suit Seeks to Certify Class Action
HOMESERVICES OF AMERICA: Batton Suit Dismissed w/o Prejudice
ILLINOIS: Cross Seeks Leave to File Amended Class Reply
ILLUMINA INC: Wang Sues Over Continuous Decline of Stock Price
INNODATA INC: D'Agostino Sues Over Misleading Statements
IRBSEARCH LLC: Foley Files FCRA Suit in S.D. New York
KAI LLC: Liz Files ADA Suit in S.D. New York
KANSAS CITY LIFE: McMillan Allowed to Seal Certain Documents
KEENAN AND ASSOCIATES: Culberson Files Suit in C.D. California
LEAP SERVICES: Mohammed Suit Removed to S.D. New York
LEGACY HEALTH: Class Cert Discovery in Hunter Modified to Sept. 24
LEGACY SAFETY & CONSULTING: Jordan Files FLSA Suit in D. New Mexico
LEHIGH VALLEY: May Face 2nd Child Abuse Class Action Lawsuit
LENS.COM INC: Martin Sues Over Unlawful Processing Fees
LOANCARE LLC: Manar Sues Over Alleged Private Data Breach
LOANDEPOT INC: Fails to Prevent Data Breach, Joy Suit Alleges
LOS ANGELES COUNTY MEDICAL: Miller Files Suit in Cal. Super. Ct.
LURIE CHILDREN'S: Faces Class Action Over Unprotected Private Info
MAGGIE LYON INC: Senior Files ADA Suit in S.D. New York
MARIA LA PIZZA: Fails to Pay Proper Wages, Diaz Alleges
MATT SMITH: Court Directs Discovery Plan Filing in Lee Class Suit
MEDICA CENTRAL: Prosser TCPA Suit Removed to E.D. Missouri
MERCER COUNTY, PA: Class Cert Discovery Due April 29
MOTT & BOW INC.: Senior Files ADA Suit in S.D. New York
NATIONSBENEFITS LLC: Guerrero Suit Transferred to S.D. Florida
NATIONSBENEFITS LLC: Wilczynski Suit Transferred to S.D. Florida
NAVVIS AND COMPANY: Clark Sues Over Privacy Data Breach
NEW YORK, NY: Violates 4th Amendment Rights, Class Action Says
NEW YORK-PRESBYTERIAN: Tay Seeks Conditional Collective Status
NY CAPRI: Li Loses Bid for Class Certification
OCLARO INC: Settlement Talks on Securities Suit Ongoing
OPTIMUM DEALERSHIP: Fails to Pay Proper Wages, Green Says
OUTOOK THERAPEUTICS: Continues to Defend Securities Class Suit
PACIFIC CLAY: Stamm Suit Seeks Unpaid Wages for Release Burners
PALAMERICAN SECURITY: Jacobs Suit Removed to N.D. California
PAPA JOHN'S: Parties in Guerra Seek to Vacate Class Cert Deadlines
PARRY'S PIZZA: Domowicz Suit Seeks to Certify FLSA Collective
PARTY TIME BR: Liz Files ADA Suit in S.D. New York
PATHWAYS HOLDINGS: Benbrook Suit Removed to N.D. California
PERRY JOHNSON: Williams Sues Over Patients' Unprotected Info
PLDT INC: Agrees to Settle Suit Over Financial Losses for $3M
PRECISION IMAGING: Sharfman Allowed Leave to File Class Cert Reply
PURPLE INNOVATION: Julian Suit Removed to N.D. California
QUAKER OATS: Fitzgerald Sues Over Mislabeled Oat Products
QUALFON DATA: Fails to Pay Proper Wages, Faucett Alleges
RAINBOW GROCERY: Torres Files Suit in Cal. Super. Ct.
RECOLLECTIONS INC: Senior Files ADA Suit in S.D. New York
RESIDEO TECHNOLOGIES: Tredo Class Suit Mediation Moved to May 2024
RESOURCES FOR HUMAN: Fails to Pay Proper Wages, Barnes Alleges
RITCHESON LAUFFER: Frasier Sues Over Unfair Debt Collection
RYDER INTEGRATED: Court Stays Class Cert Discovery for 30 Days
SAN DIEGO FERTILITY: Faces Suit Over Data Privacy Violations
SERVICETITAN INC: Hughes Sues Over Illegal Wiretapping
SINGULARITY FUTURE: Continues to Defend Crivellaro Class Suit
SOUTH REGIONAL: Faces Garcia Suit Over Labor Code Breach
STATE FARM: Court Extends Time for Mediation in Wiggins Suit
SUB-ZERO GROUP: Filing for Class Cert Bid Extended to July 26
T.S.P. HOLDING: Liz Files ADA Suit in S.D. New York
TEC BUILDING: Fails to Pay Proper Wages, Ginenthal Suit Alleges
TEMPUR SEALY: Senior Files ADA Suit in S.D. New York
TEQUILA JACK'S: Fails to Pay Proper Wages, Chamu Suit Alleges
TETRA TECH: Mismanages Retirement Plan's Forfeited Funds, Yagy Says
THESY LLC: Toro Files ADA Suit in S.D. New York
TITLEMAX OF GEORGIA: Blackmon Sues Over Improper Pawn Transaction
TOSCANA PIZZA: Fails to Pay Proper Wages, Claret Alleges
TOYOTA FINANCE: Faces Suit Over High-Interest Loans in Australia
TOYOTA MOTOR: Class Cert Bid Filing Extended to Oct. 21
TRAX RETAIL: Perez Suit Removed to S.D. California
TROPICAL CHEESE: Toro Files ADA Suit in S.D. New York
TRS RECOVERY: Friedman Files FDCPA Suit in E.D. New York
UDEMY INC: Calcano Files ADA Suit in S.D. New York
UNITED PARCEL: Filing for Class Cert. Bid Extended to Sept. 30
UNITED PARCEL: Orr Suit Removed to C.D. California
UPSTART HOLDINGS: Crain Suit Seeks to Certify Rule 23 Class Action
USAA FEDERAL SAVINGS: Brunson Files Suit in E.D. Virginia
VALERO SERVICES: Arellano Suit Removed to C.D. California
VALVE CORP: Order on Class Cert. Briefing Entered in Wolfire Games
VERIZON COMMUNICATIONS: Fails to Prevent Data Breach, Malacon Says
VOLKSWAGEN GROUP: Plaintiffs Seeks Correction of Settlement Deal
WALT DISNEY: Class Certification Order Entered in Thompson Suit
WALT DISNEY: Kelly Suit Seeks Class Certification
WESTERN UNION: Guzman Files Suit in C.D. California
WYZANT INC: Calcano Files ADA Suit in S.D. New York
ZEROED-IN TECHNOLOGIES: Jeffries Suit Transferred to D. Maryland
ZEROED-IN TECHNOLOGIES: Pierce Suit Transferred to D. Maryland
ZEROED-IN TECHNOLOGIES: Pounds Suit Transferred to D. Maryland
ZEROED-IN TECHNOLOGIES: Stanley Suit Transferred to D. Maryland
*********
ADDSHOPPERS INC: Filing for Class Cert. Bid in McClung Due Sept. 26
-------------------------------------------------------------------
In the class action lawsuit captioned as OATHER MCCLUNG, ABBY
LINEBERRY, TERRY MICHAEL COOK and GREG DESSART, individually and on
behalf of all others similarly situated, v. ADDSHOPPERS, INC.,
RESIDIO BRANDS, INC., PEET'S COFFEE, INC., and JOHN DOE COMPANIES.
Case No. 3:23-cv-01996-VC (N.D. Cal.), the Hon. Judge Vince
Chhabria entered a case management order as follows:
Event Date
Initial Disclosures Feb. 23, 2024
Answer to the Complaint Feb. 26, 2024
Plaintiffs' Expert Designation(s) July 12, 2024
Defendants' Rebuttal Designation(s) August 9, 2024
Plaintiffs' Class Certification & Sept. 26, 2024
Daubert Motions (One brief) (30 Pages)
Defendants' Opposition to Class Nov. 1, 2024
Certification, Opposition to Plaintiffs'
Daubert Motions, & Defendants' Daubert
Motions (one brief for each Defendant;
20 pages per brief)
Plaintiffs' Reply in Support of Class Nov. 18, 2024
Certification, Opposition to Defendants'
Daubert Motions, Plaintiffs' Reply in
Support of Daubert Motion (One brief for
Plaintiffs; 30 pages)
Defendants' Replies in Support of Dec. 5, 2024
Daubert Motions (5 pages)
Class Certification & Daubert Hearing Dec. 19, 2024
AddShoppers is a social media app building tool focused on
ecommerce websites.
A copy of the Court's order dated Feb. 2, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=lKyswN at no extra
charge.[CC]
The Plaintiffs are represented by:
Norman E. Siegel, Esq.
J. Austin Moore, Esq.
Kasey A. Youngentob, Esq.
460 Nichols Road, Suite 200
Kansas City, MO 64112
Telephone: (816) 714-7100
- and -
David M. Berger, Esq.
GIBBS LAW GROUP LLP
1111 Broadway, Suite 2100
Oakland, CA 94607
Telephone: (510) 350-9713
Facsimile: (510) 350-9701
E-mail: dmb@classlawgroup.com
The Defendant are represented by:
Tomio B. Narita, Esq.
Jeffrey A. Topor, Esq.
WOMBLE BOND DICKINSON (US) LLP
70 Atlantic Avenue, Suite 600
Boston, MA 02210
- and -
James L. Rockney, Esq.
Gerard M. Stegmaier, Esq.
Mark D. Quist, Esq.
Raymond A. Cardozo, Esq.
Julia Q. Peng, Esq.
REED SMITH LLP
225 5th Ave.
Pittsburgh, PA 15222
- and -
Myriah Jaworski, Esq.
Chirag H. Patel, Esq.
CLARK HILL LLP
130 E. Randolph St. Suite 3900
Chicago, IL 60601.
- and -
Joseph Duffy, Esq.
Megan A. Suehiro, Esq.
Alexandra M. Gonsman, Esq.
Ezra D. Church, Esq.
MORGAN, LEWIS & BOCKIUS LLP
1701 Market Street
Philadelphia, PA 19103
ADVOCATE AURORA: Faces Shaw Suit Over Health Plan Monopoly
----------------------------------------------------------
PATRICK SHAW; DEBRA SHAW; and HALEY SHAW, individually and on
behalf of all others similarly situated, Plaintiffs v. ADVOCATE
AURORA HEALTH, INC.; and AURORA HEALTH CARE, INC., Defendants, Case
No. 2:24-cv-00157 (E.D. WI., Feb. 5, 2024) is an action for
restraint of trade, unlawful monopolization, and unfair methods of
competition seeking class-wide injunctive relief under the Sherman
Act.
The Plaintiffs allege in the complaint that the Defendants are
engaged in anticompetitive methods to restrain trade and abuse its
market dominance for the purpose of foreclosing competition and
extracting unreasonably high prices from Wisconsin commercial
health plans and their members.
These abuses include unlawfully forcing commercial health plans to
include in their networks all of the Defendants’ overpriced
facilities even if they would rather include only some, and
aggressively blocking commercial health plans from directing their
members to higher value care at non-Defendants facilities. The
Defendants have gone to extraordinary lengths to suppress
innovative insurance products, such as tiered plans, that would
reduce costs for commercial health plans and their members alike,
says the suit.
ADVOCATE AURORA HEALTH, INC. provides health care services. The
Company offers gynecological, dental, pediatric, adult, and
geriatric care, as well as nutrition, health education, and
intervention programs, and family planning. Advocate Aurora Health
serves communities and patients in the United States. [bn]
The Plaintiff is represented by:
Douglas M. Poland, Esq.
Erin K. Deeley, Esq.
David P. Hollander, Esq.
Mason A. Higgins, Esq.
STAFFORD ROSENBAUM LLP
222 West Washington Avenue, Suite 900
Madison, WI 53703
Telephone: (608) 256-0226
Facsimile: (608) 259-2600
Email: dpoland@staffordlaw.com
edeeley@staffordlaw.com
dhollander@staffordlaw.com
mhiggins@staffordlaw.com
- and -
Gregory Dubinsky, Esq.
Vincent Levy, Esq.
Kevin D. Benish, Esq.
Byron J. Hazzard, Esq.
HOLWELL SHUSTER & GOLDBERG LLP
425 Lexington Avenue, 14th Floor
New York, NY 10017
Telephone: (646) 837-5151
Facsimile: (646) 837-5150
Email: vlevy@hsgllp.com
gdubinsky@hsgllp.com
kbenish@hsgllp.com
bhazzard@hsgllp.com
AETNA INC: Banks Suit Transferred to S.D. Florida
-------------------------------------------------
The case styled as Beverly Banks, Angela Brodrick, Tracy Bussell,
Randall Carter, James Craig, John Davis, Denise Emery, Brenda
Gilpatrick, William S. Henry, Kimberly Hoffman, Roger Jackson,
Pamela Lazaroff, Stephen Lazaroff, Nancy Paterson, Roberta Platt,
Michelle Ronne, Kevin Stone, Roderick Veazey, Nicolas Venezia,
Valarie Venezia, Cynthia Whites, Richard Xavar, individually and on
behalf of all others similarly situated v. Aetna, Inc., Case No.
3:23-cv-00779 was transferred from the U.S. District Court for the
District of Connecticut, to the U.S. District Court for the
Southern District of Florida on Feb. 21, 2024.
The District Court Clerk assigned Case No. 1:24-cv-20678 to the
proceeding.
The nature of suit is stated as Other Personal Property for
Personal Injury.
Aetna Inc. provides health care services. The Company offers
medical, pharmacy, dental, behavioral health, group life,
disability, and health care management services.[BN]
AETNA INC: Vogel Suit Transferred to S.D. Florida
-------------------------------------------------
The case styled as Donna Vogel, individually and on behalf of all
others similarly situated v. Aetna, Inc., Case No. 3:23-cv-00740
was transferred from the U.S. District Court for the District of
Connecticut, to the U.S. District Court for the Southern District
of Florida on Feb. 21, 2024.
The District Court Clerk assigned Case No. 1:24-cv-20677 to the
proceeding.
The nature of suit is stated as Other Personal Property for Federal
Trade Commission Act.
Aetna Inc. provides health care services. The Company offers
medical, pharmacy, dental, behavioral health, group life,
disability, and health care management services.[BN]
AETNA INTERNATIONAL: S. W. Suit Transferred to S.D. Florida
-----------------------------------------------------------
The case styled as S. W., A. T., T. E., individually and on behalf
of all others similarly situated v. AETNA International LLC, Aetna
Inc., Aetna Health Management, Inc., Aetna Health Inc., AETNA
Corporate Services LLC, Aetna Resources LLC, Case No. 3:23-cv-00873
was transferred from the U.S. District Court for the District of
Connecticut, to the U.S. District Court for the Southern District
of Florida on Feb. 21, 2024.
The District Court Clerk assigned Case No. 1:24-cv-20679 to the
proceeding.
The nature of suit is stated as Other P.I. for Breach of Contract.
Aetna International Inc. -- http://www.aetnainternational.com/--
provides insurance products and related services. The Company
offers range of services including medical, pharmacy, dental, group
life, long term care and disability plans, and other products.[BN]
The Plaintiff is represented by:
John Anthony Love, Esq.
LOVE CONSUMER LAW
2500 Northwinds Parkway, Suite 330
Alpharetta, GA 30009
Phone: (404) 855-3600
Email: tlove@loveconsumerlaw.com
- and -
Sharon Jessica Zinns, Esq.
ZINNS LAW, LLC
4243 Dunwoody Club Drive, Suite 104
Atlanta, GA 30350
Phone: (404) 882-9002
Email: sharon@zinnslaw.com
- and -
Lucy McShane, Esq.
Maureen M. Brady, Esq.
MCSHANE & BRADY LLC
1656 Washington Street Suite 140
Kansas City, MO 64108
Phone: (816) 888-8010
Email: lmcshane@mcshanebradylaw.com
mbrady@mcshanebradylaw.com
AETNA LIFE: Seeks Leave to File Docs Under Seal
------------------------------------------------
In the class action lawsuit captioned as ANDREW HOWARD, on behalf
of himself and all others similarly situated, v. AETNA LIFE
INSURANCE COMPANY, Case No. 2:22-cv-01505-CJC-MRW (C.D. Cal.),
Aetna applies for leave to file the following documents under seal:
1. Portions of Aetna's Opposition to the Plaintiffs' renewed
motion
to certify class action containing Private Health Information
("PHI") of non-parties;
2. Aetna's Exhibit A containing PHI of Plaintiff Andrew Howard;
and,
3. Aetna's Exhibits B and F-S containing PHI of non-parties.
Aetna offers a broad range of traditional and consumer-directed
health insurance products and related services.
A copy of the Defendant's motion dated Feb. 5, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=WFsLHH at no extra
charge.[CC]
The Defendant is represented by:
Joseph E. Laska, Esq.
Nathaniel A. Cohen, Esq.
Justin Jones Rodriguez, Esq.
Rebecca Finkel, Esq.
MANATT, PHELPS & PHILLIPS, LLP
One Embarcadero Center, 30th Floor
San Francisco, CA 94111
Telephone: (415) 291-7400
Facsimile: (415) 291-7474
Email: jlaska@manatt.com
nacohen@manatt.com
jjrodriguez@manatt.com
rfinkel@manatt.com
ALCOA CORPORATION: Garfield Seeks to Nullify Advance Notice Bylaw
-----------------------------------------------------------------
ROBERT GARFIELD, on behalf of himself and all similarly situated
stockholders of ALCOA CORPORATION, Plaintiff v. MARY ANNE CITRINO,
PASQUALE FIORE, THOMAS J. GORMAN, JAMES A. HUGHES, ROBERTO O.
MARQUES, WILLIAM F. OPLINGER, CAROL L. ROBERTS, JACKSON P. ROBERTS,
STEVEN W. WILLIAMS, ERNESTO ZEDILLIO, and ALCOA CORPORATION,
Defendants, Case No. 2024-0158 (Del. Ch., February 21, 2024) is a
class action against the Defendants for declaratory judgment and
breach of fiduciary duty.
The Plaintiff seeks declaratory relief invalidating Alcoa's Advance
Notice Bylaw. According to the complaint, the Advance Notice Bylaw
is highly problematic and effectively serves as a deterrent to
stockholder nominations because of its definition of "Acting in
Concert," which contains both a "Wolf-Pack Provision," which deems
stockholders to be Acting in Concert with one another if they act
in parallel with each other, and a "Daisy Chain Provision," which
deems two stockholders working with the same third party to be
Acting in Concert, regardless of whether the two stockholders know
about each other's existence. As a result, the Advance Notice Bylaw
is an effective deterrent to any stockholder considering nominating
candidates for election to the board, impermissibly limits the
scope of stockholders' voting rights to voting for or against
candidates nominated by the board, and is fundamentally
inconsistent with the notion that stockholders' right to vote
includes the right to nominate, the suit asserts.
Alcoa Corporation is a producer of bauxite, alumina, and aluminum
products, headquartered in Pittsburgh, Pennsylvania. [BN]
The Plaintiff is represented by:
Kimberly A. Evans, Esq.
Lindsay K. Faccenda, Esq.
Irene R. Lax, Esq.
Robert Erikson, Esq.
BLOCK & LEVITON LLP
3801 Kennett Pike, Suite C-305
Wilmington, DE 19807
Telephone: (302) 499-3600
E-mail: kim@blockleviton.com
lindsay@blockleviton.com
irene@blockleviton.com
robby@blockleviton.com
- and -
Jason Leviton, Esq.
BLOCK & LEVITON LLP
260 Franklin Street, Suite 1860
Boston, MA 02110
Telephone: (617) 398-5600
- and -
Abbott Cooper, Esq.
ABBOTT COOPER PLLC
1266 East Main Street, Suite 700R
Stamford, CT 06902
ALLIED COMMUNITY: Kolonziaa & May-Javeed Sue Over Unpaid Overtime
-----------------------------------------------------------------
ISAAC KOLONZIAA and MICHELE MAY-JAVEED individually, and on behalf
of all others similarly situated, Plaintiffs v. ALLIED COMMUNITY
RESOURCES, INC, ALLIED COMMUNITY SERVICES, INC and DEPARTMENT OF
SOCIAL SERVICES FOR THE STATE OF CONNECTICUT, Defendants, Case No.
3:24-cv-00230 (D. Conn., February 21, 2024) arises out of the
Defendants' violations of the Fair Labor Standards Act and the
Connecticut Minimum Wage Act.
Plaintiff Kolonziaa worked as a live-in Caregiver for Defendants
from approximately May 21, 2021, to approximately November 11,
2023. Defendants hired Ms. May-Javeed to work as a live-in
Caregiver on December 9, 2020, and she worked for Defendants until
May 30, 2023. Allegedly, Defendants paid a day rate to their
live-in Caregivers but did not pay overtime as required by law,
even though Defendants credited their live-in Caregivers with 168
hours per workweek when they work the full 7 days of the workweek,
with 128 hours being overtime hours in the said workweek.
Headquartered in Windsor, CT, Allied Community Resources, Inc.
employs personal care assistants and other caregivers to assist its
clients with eating, meal preparation, dressing, bathing, personal
hygiene, light housekeeping, laundry, and errands. [BN]
The Plaintiffs are represented by:
Nitor V. Egbarin, Esq.
LAW OFFICE OF NITOR V. EGBARIN, LLC
100 Pearl Street, 14th Floor
Hartford, CT 06103-3007
Telephone: (860) 249-7180
Facsimile: (860) 408-1471
E-mail: NEgbarin@aol.com
ALORICA INC: Munoz 401(K) Plan Suit Seeks to Certify Class
----------------------------------------------------------
In the class action lawsuit captioned as AARON MUNOZ, CYNDY
PANIAGUA, and MELISSA OLSEN, individually and as a representative
of a Putative Class of Participants and Beneficiaries, on behalf of
the ALORICA 401(K) RETIREMENT PLAN, v. ALORICA, INC., ALORICA
RETIREMENT SAVINGS PLAN COMMITTEE, and DOES 1 through 50, Case No.
8:22-cv-01856-JWH-DFM (C.D. Cal.), the Plaintiffs ask the Court to
enter an order granting their motion for motion for class
certification:
"All persons who are or were or may become entitled to benefits
under the Plan during the relevant time period and who do not
have
an adverse interest in this suit as follows: all participants in
or
beneficiaries of the ALORICA 401(K) RETIREMENT PLAN from six
years
prior to the filing of the complaint in this matter through
Dec. 31, 2022, excluding Defendants and members of the
Defendant Committee."
The Plaintiffs previously requested ex parte to extend the deadline
to file the motion for class certification to allow sufficient time
for necessary discovery, including third party discovery, and most
critically to allow time for Plaintiffs to seek leave to amend,
including adding additional parties.
The Court denied the motion because the Motion for leave to file an
amended complaint had not yet been filed and the Court determined
that ex parte relief was not necessary for the specific relief
requested.
The Plaintiffs are former employees of the Defendant Alorica who
invested in the Plan. Each one of the Plaintiffs invested in one or
more of the funds at issue in this case.
The Defendants were Fiduciaries of the Plan Defendant Alorica is
the current sponsor and administrator of the Plan.
A copy of the Plaintiffs' motion dated Feb. 2, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=uUtT7z at no extra
charge.[CC]
The Plaintiffs are represented by:
Christina A. Humphrey, Esq.
Robert N. Fisher, Esq.
CHRISTINA HUMPHREY LAW, P.C.
1117 State Street
Santa Barbara, CA 93101
Telephone: (805) 618-2924
Facsimile: (805) 618-2939
E-mail: christina@chumphreylaw.com
rob@chumphreylaw.com
- and -
Renee P. Ortega, Esq.
James A. Clark, Esq.
TOWER LEGAL GROUP, P.C.
11335 Gold Express Drive, Ste. 105
Gold River, CA 95670
Telephone: (916) 361-6009
Facsimile: (916) 361-6019
E-mail: james.clark@towerlegalgroup.com
renee.parras@towerlegalgroup.com
ALPHA OES LLC: Senior Files ADA Suit in S.D. New York
-----------------------------------------------------
A class action lawsuit has been filed against Alpha OES, LLC. The
case is styled as Frank Senior, on behalf of himself and all other
persons similarly situated v. Alpha OES, LLC, Case No.
1:24-cv-01326 (S.D.N.Y., Feb. 21, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
ALPHA OES -- https://alphaoes.com/ -- is an Outsourced eCommerce
Solutions provider.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
GOTTLIEB & ASSOCIATES
150 E. 18 St., Suite PHR
New York, NY 10003
Phone: (212) 228-9795
Email: michael@gottlieb.legal
ALTUS JOBS: Klinakis Suit Seeks Rule 23 Class Certification
-----------------------------------------------------------
In the class action lawsuit captioned as ALEXA KLINAKIS, et al., v.
ALTUS JOBS, LLC, et al., Case No. 6:22-cv-01756-RBD-RMN (M.D.
Fla.), the Plaintiff asks the Court to enter an order:
(1) certifying a class with respect to Count IV (Unjust
Enrichment)
of the Second Amended Complaint;
(2) designating the Plaintiffs ALEXA KLINAKIS, JORDAN KRAVETZKY,
NICOLE WHITE, MATEO VELEZ, LANEY HEIDRICH, CLAUDIA
RODRIGUEZ,
and ANGIE CIPRIANO as class representatives;
(3) designating eclat Law, PA as class counsel;
(4) allowing for Notice to be submitted consistent with the
proposed notice, along with any relief this Court deems just
and proper.
Lead Plaintiffs, like the putative class action members, are adults
residing in the State of Florida at the time the action accrued,
and during their tenure of employment with Altus, which is any time
from 2017 to the entry of judgment in this case.
The Plaintiffs request that, the Court certify this lawsuit as a
class action and authorize Lead Plaintiffs to send notice to the
following potential class members:
"All former and current ALTUS employees who worked for ALTUS
during
the Class Period who, consistent with ALTUS's website, were
recruiters/sales people recruiting talent for clients on behalf
of
ALTUS and who were not compensated for such services and
benefits
conferred to ALTUS which includes: (a) members who were not
compensated for all time worked, (b) members who were not
compensated for the training services they provided, and/or (c)
members whose monies were used as a "loan" to Defendants."
Altus Jobs is a professional recruiting firm specialized in
providing High Level Engineering talent for contract and permanent
positions.
A copy of the Plaintiff's motion dated Feb. 1, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=MVGwdD at no extra
charge.[CC]
The Plaintiffs are represented by:
Kevin K. Ross, Esq.
Jolynn M. Falto, Esq.
Crisol Lopez Palafox, Esq.
ECLAT LAW, P.A.
307 Cranes Roost Boulevard, Suite 2010
Altamonte Springs, FL 32701
Telephone: (407) 636-7004
AMAZON.COM INC: Class Fact Discovery in Mahone Suit Due July 5
--------------------------------------------------------------
In the class action lawsuit captioned as YASMINE MAHONE and BRANDON
TOLE, v. AMAZON.COM, INC., et al., Case No. 2:22-cv-00594-MJP (W.D.
Wash.), the Hon. Judge Marsha J. Pechman entered an order granting
in part, the motion to vacate deadlines and order setting new case
schedule:
Deadline Date
Plaintiffs' Reply to the Motion for Mar. 4, 2024
Class Certification, including any (unchanged)
rebuttal expert reports
All motions related to discovery must June 5, 2024
be filed by and noted on the motion
calendar on the third Friday thereafter
(see Local Rule 7(d))
Fact discovery completed July 5, 2024
All dispositive motions must be filed Aug. 5, 2024
by and noted on the motion calendar on
the fourth Friday thereafter (see Local
Rule 7(d))
All motions in limine must be filed by Oct. 28, 2024
and noted on the motion calendar no
earlier than the third Friday thereafter
and no later than the Friday before the
pretrial conference
Agreed pretrial order due Nov. 19, 2024
Trial briefs, proposed voir dire questions, Nov. 19, 2024
and proposed jury instructions:
Pretrial conference Nov. 21, 2024
Trial Dec. 2, 2024
Amazon.com is an American multinational technology company focusing
on e-commerce, cloud computing, online advertising, digital
streaming, and artificial intelligence.
A copy of the Court's order dated Feb. 1, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=aTrs6o at no extra
charge.[CC]
ANGELS OF CARE: Carter Suit Removed to E.D. Pennsylvania
--------------------------------------------------------
The case captioned as Margie Carter, individually and on behalf of
those similarly situated v. ANGELS OF CARE, LLC and EDISON RAPI,
Case No. 2023-26654 was removed from the Court of Common Pleas of
Montgomery County, Pennsylvania, to the U.S. District Court for the
Eastern District of Pennsylvania on Feb. 22, 2024, and assigned
Case No. 2:24-cv-00791.
The Plaintiff's Complaint alleges, in pertinent part, that
Defendants "did not pay her at least one and one-half times her
regular rate for hours worked more than 40 hours in a workweek"
and/or otherwise reduced her base hourly rate in violation of the
Fair Labor Standards Act ("FLSA"), Pennsylvania Minimum Wage Act
("PMWA"), and Pennsylvania Wage Payment and Collection Law
("PWPCL").[BN]
The Defendants are represented by:
Brett A. Berman, Esq.
Colin D. Dougherty, Esq.
Erika M. Page, Esq.
FOX ROTHSCHILD LLP
2000 Market Street, 20th Floor
Philadelphia, PA 19103
Phone: 215.299.2842
Fax: 215.299.2150
Email: BBerman@foxrothschild.com
CDougherty@foxrothschild.com
EPage@foxrothschild.com
APPLE INC: Court OK's Class Certification Bid in Antitrust Suit
---------------------------------------------------------------
In the class action lawsuit captioned as In re Apple iPhone
Antitrust Litigation, Case No. 4:11-cv-06714-YGR (N.D. Cal.), the
Hon. Judge Yvonne Gonzalez Rogers entered an order that Apple's
Daubert motion is denied and the Plaintiffs' motion for class
certification is granted.
Consumer plaintiffs bring this class action pursuant to Section 2
of the Sherman Antitrust Act of 1890, 15 U.S.C. section 2, on
behalf of the following class:
"All persons in the United States, exclusive of Apple and its
employees, agents and affiliates, and the Court and its
employees,
who purchased one or more iOS applications or application
licenses
from Apple, or who paid Apple for one or more in-app purchases,
including, but not limited to, any subscription purchase, for
use
on an iOS Device at any time since July 10, 2008."
The Class is limited to those persons who paid more than $10.00 in
total to Apple during the Class Period for iOS application and
in-app purchases from any one Apple ID account.
Consumer plaintiffs theorize that Apple charges developers on the
App Store supracompetitive commissions, which the developers then
pass to consumers in the form of increased prices for app downloads
or subscriptions.
Consumer plaintiffs allege that this conduct allows Apple to
unlawfully monopolize the retail market for the sale of apps,
including in-app purchases ("IAP").
Consumer plaintiffs bring two causes of action against Apple based
on this alleged conduct:
(1) unlawful monopolization of the applications aftermarket in
violation of Section 2 of the Sherman Act and
(2) attempted monopolization of the applications aftermarket.
A copy of the Court's order dated Feb. 2, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=17rdMK at no extra
charge.[CC]
ASHFORD INC: Bonnette Files Suit in N.D. Texas
----------------------------------------------
A class action lawsuit has been filed against Ashford, Inc. The
case is styled as Jonathan Bonnette, individually and on behalf of
all others similarly situated v. Ashford, Inc., Case No.
3:24-cv-00408-E (N.D. Tex., Feb. 21, 2024).
The nature of suit is stated as Other Contract for Breach of
Contract.
Ashford -- https://www.ashfordinc.com/ -- is an alternative asset
management company.[BN]
The Plaintiff is represented by:
Joe Kendall, Esq.
KENDALL LAW GROUP
3811 Turtle Creek Blvd., Suite 825
Dallas, TX 75219
Phone: (214) 744-3000
Fax: (214) 744-3015
Email: jkendall@kendalllawgroup.com
ASIAN HEALTH: Bradford Suit Removed to N.D. California
------------------------------------------------------
The case captioned as Ira Bradford, individually and on behalf of
all others similarly situated v. ASIAN HEALTH SERVICES and DOES 1
through 100, inclusive, Case No. 23-CV-033070 was removed from the
Superior Court of California, County of Alameda, to the U.S.
District Court for the Northern District of California on Feb. 21,
2024, and assigned Case No. 3:24-cv-01060.
The Plaintiff seeks damages and other remedies based on claims of
both negligence and negligence per se, breach of implied contract,
breach of implied covenant of good faith and fair dealing,
violations of the California Confidentiality of Medical Information
Act, violations of the California Customer Records Act and
violations of California's Unfair Competition Law.[BN]
The Defendants are represented by:
David M. Liu, Esq.
FREEMAN MATHIS & GARY, LLP
3030 Old Ranch Parkway, Suite 200
Seal Beach, CA 90740
Phone: 562.245.8405
Fax: 424.350.3842
Email: david.liu@fmglaw.com
- and -
Matthew Sidney Freedus, Esq.
FELDESMAN LEIFER LLP
1129 20th Street NW, 4th Floor
Washington, DC 20036
Phone: 202.466.8960
Fax: 202.293.8103
Email: mfreedus@feldesman.com
ASPEN DENTAL: Sued Over Alleged Illegal Website Wiretapping
-----------------------------------------------------------
A.D.; C.A.; R.G.; T.B.; E.W.; M.H.; and S.B., individually and on
behalf of all others similarly situated, Plaintiffs v. ASPEN DENTAL
MANAGEMENT, INC., Defendant, Case No. 1:24-cv-01404 (N.D. Ill.,
Feb. 20, 2024) alleges violation of the Massachusetts Wiretap Act.
According to the Plaintiffs in the complaint, the users of Aspen's
Site understandably thought that they were communicating only with
their trusted healthcare provider but, in reality, Aspen installed
tracking pixels and other technologies on its Site 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.
Aspen breached its own privacy policy by unlawfully intercepting
and disclosing Users' Private Information to Facebook, Google and
likely other third parties without obtaining patients' consent or
authorization. Aspen tracks, collects and divulges data even on
people who do not have a Facebook account or have deactivated their
Facebook accounts, and these individuals can find themselves in an
even worse situation because when their Private Information is sent
to Facebook, they cannot clear past activity or disconnect the
collection of future activity since they do not have an account,
the suit contends.
ASPEN DENTAL MANAGEMENT, INC. operates as a dental practice
management company. The Company manages branded dental practices
offering services including dental check-ups, emergency dental
care, tooth extraction, teeth whitening, periodontics, cosmetic
dentistry, dental crowns, dental bridges, root canals, and
fillings. [BN]
The Plaintiff is represented by:
Brandon M. Wise, Esq.
PEIFFER WOLF
CARR KANE CONWAY & WISE, LLP
One U.S. Bank Plaza, Suite 1950
St. Louis, MO 63101
Telephone: (314) 833-4825
Email: bwise@peifferwolf.com
- and -
Andrew R. Tate, Esq.
PEIFFER WOLF
CARR KANE CONWAY & WISE, LLP
235 Peachtree Street NE, Suite 400
Atlanta, GA 30303
Telephone: (404) 282-4806
Email: atate@peifferwolf.com
AUTO CLUB: Barkel-Williams Seeks to Certify Rule 23 Class
---------------------------------------------------------
In the class action lawsuit captioned as Lisa Barkel-Williams,
Robert C. Semczak, Guardian of the Estate of Theresa Michalak, and
Maria Aprile, Personal Representative of the Estate of Janet
Aprile, individually and on behalf of all other similarly situated,
v. Auto Club Group, et al. Case No. 2:19-cv-10403-DPH-APP (E.D.
Mich.), the Plaintiffs ask the Court to enter an order granting
motion for class certification pursuant to Fed. R. Civ. P.
23(a)(1)-(4), 23(b)(3).
The Plaintiffs believe they should be paid overtime when working
more than 40 hours in a work week. Under the policies and
procedures used by American Automobile Association ("AAA") to make
no-fault benefit payments to family member care givers, no overtime
pay is included. Plaintiffs are thus challenging AAA's failure to
pay overtime, and the policies and procedures causing that result,
as an unjust enrichment claim.
Furthermore, Plaintiffs request the Court certify the unjust
enrichment claim for class wide resolution under Fed. R. Civ. P.
23.
The services Plaintiffs provide are called "attendant care"
services. Attendant care services can be provided by either outside
agencies, or by the accident victim's family or friends, in which
case they are called "non-agency" or "family provided" attendant
care services.
The Defendants' two-tier pay practice runs contrary to a bedrock
concept of America's employment law: an equal pay for equal work.
Auto Club provides a full suite of products and services to AAA
members, from roadside assistance to insurance to travel support.
A copy of the Plaintiffs' motion dated Feb. 2, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=XGyL79 at no extra
charge.[CC]
The Plaintiffs are represented by:
Jason T. Thompson, Esq.
Alana A. Karbal, Esq.
Kathryn E. Milz, Esq.
SOMMERS SCHWARTZ, P.C.
One Towne Square, 17th Floor
Southfield, MI 48076
Telephone: (248) 355-0300
E-mail: jthompson@sommerspc.com
akarbal@sommerspc.com
kmilz@sommerspc.com
- and -
Nicholas S. Andrews, Esq.
LISS & ANDREWS, PC
39400 Woodward Ave, Ste 200
Bloomfield Hills, MI 48304
Telephone: (248) 647-9700
E-mail: nandrews@lissfirm.com
AZCO SUPPLY INC: Valladarez Files Suit in Cal. Super. Ct.
---------------------------------------------------------
A class action lawsuit has been filed against Azco Supply, Inc. The
case is styled as Oscar Valladarez, individually and on behalf of
others similarly situated v. Azco Supply, Inc., Case No.
STK-CV-UOE-2024-0002212 (Cal. Super. Ct., San Joaquin Cty., Feb.
22, 2024).
The case type is stated as "Unlimited Civil Other Employment."
AZCO Supply -- https://azcosupply.com/ -- is a commercial and
industrial utility distributor specializing in dry utilities, joint
trench, city instrastructure, and commercial lighting.[BN]
The Plaintiff is represented by:
Leonard Emma, Esq.
EMPLOYMENT LAWYERS
1999 Harrison Street, 18th Floor
Oakland, CA 94612
Phone: 415-362-1111
Fax: 415-362-1112
Email: lemma@employment-lawyers.com
BAKKT HOLDINGS: Continues to Defend Securities Class Suit in NY
---------------------------------------------------------------
Bakkt Holdings Inc. disclosed in its Form 10-Q Report for the
quarterly period ending December 31, 2023 filed with the Securities
and Exchange Commission on February 14, 2024, that the Company
continues to defend itself from the securities class suit in the
United States District Court for the Eastern District of New York.
On April 21, 2022, a putative class action was filed against Bakkt
Holdings, Inc. and certain of its directors and officers prior to
the VIH Business Combination in the U.S. District Court for the
Eastern District of New York on behalf of certain purchasers of
securities of VIH and/or purchasers of Bakkt Class A common stock
issued in connection with the VIH Business Combination.
On August 3, 2022, the Court appointed lead plaintiffs and lead
counsel and on October 18, 2022, lead plaintiffs filed an amended
complaint (the "Amended Complaint").
The Amended Complaint alleges that VIH made false or misleading
statements and omissions of material fact in the registration
statement and prospectus/proxy statement filing in connection with
the VIH Business Combination and in other SEC filings made by VIH,
in violation of federal securities laws in connection with
disclosures relating to certain of VIH's financial statements,
accounting, and internal controls and that, as a result, VIH
securities traded at artificially inflated prices.
Plaintiffs sought certification of a class of purchasers of (1)
VIH/Bakkt's publicly traded securities between March 31, 2021 and
November 19, 2021, and/or (2) Bakkt's publicly traded securities
pursuant and/or traceable to the registration statement.
The Amended Complaint sought damages, as well as fees and costs.
The Amended Complaint named as defendants only one current
director, and no current officers, of Bakkt.
On March 14, 2023, the parties reached a settlement in principle.
On April 12, 2023, the parties completed a stipulation of
settlement resolving the litigation for $3.0 million, subject to
Court approval.
A motion for preliminary approval was filed with the Court on April
17, 2023.
The motion remains pending.
The Company expects the settlement will be covered by its insurance
less its contractual retention.
On June 23, 2023, an "opt-out" action related to the foregoing
class action was filed against Bakkt Holdings, Inc. and the
individuals named in the class action.
The Company intends to vigorously defend against the allegations.
Bakkt was formerly known as "VPC Impact Acquisition Holdings" and
operated as a special purpose acquisition company ("SPAC"), also
called a blank-check company, which is a development stage company
that has no specific business plan or purpose or has indicated its
business plan is to engage in a merger or acquisition with an
unidentified company or companies, other entity, or person. The
Individual Defendants are officers and directors of the
company.[BN]
BAYER AG: Perez-Hernandez Suit Transferred to C.D. California
-------------------------------------------------------------
The case styled as Jonas Perez-Hernandez, Isabel Paz Hernandez,
Moises Perez-Paz, Allison Perez-Paz, and Abigail Perez Paz,
individually and on behalf of all others similarly situated v.
Bayer Aktiengesellschaft, Bayer Corporation, Monsanto Company, Case
No. 3:23-cv-04946 was transferred from the U.S. District Court for
the Northern District of California, to the U.S. District Court for
the Central District of California on Feb. 21, 2024.
The District Court Clerk assigned Case No. 2:24-cv-01425-ODW-SK to
the proceeding.
The nature of suit is stated as Personal Inj. Prod. Liability.
The Bayer AG -- https://www.bayer.com/en/ -- is a German
multinational pharmaceutical and biotechnology company and is one
of the largest pharmaceutical companies and biomedical companies in
the world.[BN]
The Plaintiff is represented by:
David William Lerch, Esq.
Christopher Kar-Lun Young, Esq.
Itak Moradi, Esq.
Joseph R Saveri, Esq.
JOSEPH SAVERI LAW FIRM, LLP
601 California Street, Suite 1000
San Francisco, CA 94108
Phone: (415) 500-6800
Email: dlerch@saverilawfirm.com
cyoung@saverilawfirm.com
imoradi@saverilawfirm.com
jsaveri@saverilawfirm.com
The Defendant is represented by:
John J. Rosenthal, Esq.
WINSTON AND STRAWN LLP
1901 L Street NW
Washington, DC 20036
Phone: (202) 282-5000
Fax: (202) 282-5100
Email: jrosenthal@winston.com
- and -
Michael Woodrum, Esq.
WINSTON & STRAWN LLP
2121 North Pearl Street, Suite 900
Dallas, TX 75201
Phone: (214) 453-6530
Email: mwoodrum@winston.com
BENEFICIENT INC: Continues to Defend Bayati Class Suit
------------------------------------------------------
Beneficient Inc. disclosed in its Form 10-Q Report for the
quarterly period ending December 31, 2023 filed with the Securities
and Exchange Commission on February 14, 2024, that the Company
continues to defend itself from the consolidated the Bayati class
suit in the United States District Court for the Northern District
of Texas.
On February 18, 2022, Shirin Bayati and Mojan Kamalvand, on behalf
of themselves and of all others similarly situated, filed a class
action lawsuit in the United States District Court for Northern
District of Texas against GWG, its former President and Chief
Executive Officer, Murray Holland, its former Chief Financial
Officer, Timothy Evans, and certain past and present members of the
board of directors of GWG and BCG (Roy Bailey, Peter T. Cangany,
Jr., David Chavenson, Brad K. Heppner, Thomas O. Hicks, Dennis P.
Lockhart, Bruce W. Schnitzer, and David H. de Weese) (the "Bayati
Action").
The suit alleges that the defendants violated Sections 11, 12, and
15 of the Securities Act by issuing materially misleading
statements in a June 3, 2020 registration statement (the
"Offering") and seeks, among other things, compensatory damages,
fees and costs.
On April 20, 2022, GWG filed for bankruptcy protection in the
Southern District of Texas.
On April 21, 2022, the district court ordered all parties to submit
statements by May 5, 2022 on whether the automatic stay in
bankruptcy extends to the non-debtor defendants.
On April 25, 2022, Movants Thomas Horton and Frank Moore (the "Lead
Plaintiffs") filed a Motion for Appointment as Lead Plaintiff and
Approval of Their Selection of Lead Counsel.
On May 2, 2022, a notice of dismissal was filed, dismissing
defendants Peter T. Cangany, Jr., Brad K. Heppner, Thomas O. Hicks,
Dennis P. Lockhart, and Bruce W. Schnitzer.
On May 12, 2022, the district court extended the bankruptcy stay to
all non-debtor defendants, although it permitted a limited
modification of lifting of the stay to allow the court to consider
the pending lead plaintiff motion.
On August 5, 2022, the district court entered an order appointing
Thomas Horton and Frank Moore as lead plaintiffs for the putative
class.
On May 26, 2023, Thomas Horton and Frank Moore, on behalf of
themselves and other similarly situated, filed a second class
action lawsuit in the United States District Court for Northern
District of Texas against the Company, Brad K. Heppner, Peter T.
Cangany, Jr., Thomas O. Hicks, Dennis P. Lockhart, Bruce W.
Schnitzer and Whitley Penn LLP, alleging Securities Act violations
arising out of the Offering (the "Horton Action").
On August 16, 2023, Thomas Horton and Frank Moore, in their
capacities as the Lead Plaintiffs in the Bayati Action, filed a
notice regarding the confirmation of the Debtors' Chapter 11 plan
in the GWG bankruptcy, a motion seeking to lift the bankruptcy stay
and a motion to consolidate the Bayati and Horton Actions.
On September 12, 2023, the court entered an order consolidating the
Bayati and Horton Actions.
The court ordered that the consolidated action shall bear the
caption In re GWG Holdings, Inc. Securities Litigation. The court
lifted the bankruptcy stay and ordered the Lead Plaintiffs to file
a new consolidated complaint within 20 days.
On October 2, 2023, the Lead Plaintiffs filed a Consolidated Class
Action Complaint against the Company, Brad K. Heppner, Peter T.
Cangany, Jr., Thomas O. Hicks, Dennis P. Lockhart, Bruce W.
Schnitzer, Murray T. Holland, Timothy L. Evans, David H. de Weese,
Roy W. Bailey, David F. Chavenson, and Whitley Penn LLP, alleging
Securities Act violations arising out of the Offering.
The complaint alleges that the individual defendants violated
Sections 11, 12(a)(2), and 15 of the Securities Act, and further
alleges that the Company violated Section 15 of the Securities Act.
The Company, Brad K. Heppner, Peter T. Cangany, Jr., Thomas O.
Hicks, Dennis P. Lockhart, and Bruce W. Schnitzer (the "Ben
Individual Defendants") filed a motion to dismiss the complaint on
November 7, 2023.
On January 4, 2024, defendants Murray Holland, Timothy Evans, Roy
Bailey, and Whitley Penn LLP each filed a motion to dismiss the
case.
Also on January 4, 2023, defendants David Chavenson and David H. de
Weese filed a joint motion to dismiss.
The Lead Plaintiffs' deadline to respond to the various motions to
dismiss is February 20, 2024, and replies are due March 21, 2024.
The Company and the Ben Individual Defendants intend to vigorously
defend themselves in the litigation.
Beneficient is a technology-enabled financial services holding
company based in Texas.
BENEFICIENT INC: Continues to Defend Scura Class Suit in N.D. Texas
-------------------------------------------------------------------
Beneficient Inc. disclosed in its Form 10-Q Report for the
quarterly period ending December 31, 2023 filed with the Securities
and Exchange Commission on February 14, 2024, that the Company
continues to defend itself from Scura class suit in the United
States District Court for the Northern District of Texas.
On March 30, 2023, David Scura and Clifford Day, on behalf of
themselves and all others similarly situated, filed a class action
lawsuit in the United States District Court for Northern District
of Texas against Ben, certain members of its board of directors
(Brad K. Heppner, Peter T. Cangany, Richard W. Fisher, Thomas O.
Hicks, Dennis P. Lockhart, and Bruce W. Schnitzer), certain past
members of the board of directors of GWG Holdings (Jon R. Sabes and
Steven F. Sabes), FOXO Technologies Inc. ("FOXO"), and Emerson
Equity LLC ("Emerson") (the "Scura Action").
The suit alleges that the defendants defrauded GWG Holdings'
investors, and it asserts claims on behalf of a putative class
consisting of all persons and entities who purchased or otherwise
acquired GWG Holdings' L Bonds or preferred stock of GWG Holdings
between December 23, 2017, and April 20, 2022.
The suit alleges that (i) BCG, the individual defendants, and FOXO
violated Sections 10(b) of the Exchange Act and SEC Rule 10b-5
promulgated thereunder, (ii) that the individual defendants
violated Section 20(a) of the Exchange Act, and (iii) that Emerson
violated Section 15(c)(1)(A) of the Exchange Act.
The complaint does not allege the total amount of damages sought by
the plaintiffs.
Beneficient is a technology-enabled financial services holding
company based in Texas.
BIOMARIN PHARMACEUTICAL: Settlement in Class Suit Gets Final Nod
----------------------------------------------------------------
Biomarin Pharmaceutical Inc. disclosed in its Form 10-K Report for
the fiscal period ending December 31, 2023 filed with the
Securities and Exchange Commission, that the United States District
Court in the Northern District of California entered final judgment
on shareholder class suit and granted final settlement approval.
On September 25, 2020, a purported shareholder class action lawsuit
was filed against the Company, its Chief Executive Officer, its
President of Worldwide Research and Development and its Chief
Financial Officer in the United States District Court in the
Northern District of California, alleging violations under Sections
10(b) and 20(a) of the Securities Exchange Act of 1934 as amended
(the Exchange Act).
The complaint alleges that it made materially false or misleading
statements regarding the clinical trials and Biologics License
Application (BLA) for ROCTAVIAN (formerly known as valoctocogene
roxaparvovec) by purportedly failing to disclose that differences
between the Company's Phase 1/2 and Phase 3 clinical studies
limited the ability of the Phase 1/2 study to support ROCTAVIAN's
durability of effect and, as a result, that it was foreseeable that
the Food and Drug Administration (FDA) would not approve the BLA
without additional data.
The complaint seeks an unspecified amount of damages, prejudgment
and post-judgment interest, attorneys' fees, expert fees, and other
costs.
The lead plaintiff filed an amended complaint in February 2021,
dropping our Chief Financial Officer as a defendant, and asserting
that the Company misled investors about the progress of the FDA's
review of its BLA for ROCTAVIAN.
On April 22, 2021, it moved to dismiss the amended complaint.
On January 6, 2022, the court denied its motion to dismiss.
It answered the amended complaint on February 15, 2022.
Plaintiff filed a motion for class certification on October 17,
2022.
It filed an opposition to plaintiff's motion for class
certification on January 27, 2023.
On March 21, 2023, the Court entered an order staying all
proceedings and vacating all deadlines because the parties agreed
to settle the case through a binding term sheet.
The Court preliminarily approved the settlement on June 8, 2023.
On November 14, 2023, the court granted final approval of the
settlement and entered final judgment.
BioMarin Pharmaceutical Inc. is a global biotechnology company that
develops and commercializes targeted therapies that address the
root cause of genetic conditions. Its commercial portfolio includes
ROCTAVIAN, which was granted marketing approval in the United
States on June 29, 2023 and conditional marketing approval in the
European Union on August 24, 2022.
BOSTON FINANCE: Misappropriates Special Trust Fund, Chamberlin Says
-------------------------------------------------------------------
CLARK CHAMBERLIN, a disabled minor child, by and through his
parents and co-guardians TODD CHAMBERLIN and KELLI CHAMBERLIN,
individually and on behalf of all others similarly situated,
Plaintiffs v. BOSTON FINANCE GROUP, LLC; BOSTON ASSET MANAGEMENT,
INC.; PROSPECT FUNDING HOLDINGS, LLC; PROSPECT FUNDING PARTNERS,
LLC; PROSPECT FUNDING HOLDINGS (NY) III, LLC; LEO J. GOVONI; JOHN
W. STAUNTON; JONATHAN GOLDEN; and AMERICAN MOMENTUM BANK,
Defendants, Case No. 8:24-cv-00438-SDM-AEP (M.D. Fla., Feb. 19,
2024) is a case involving a decade long predatory scheme that began
in 2009 and continued at least through 2020 to misappropriate over
$100,000,000 of special needs trust assets belonging to the most
vulnerable members of our society.
According to the Plaintiff in the complaint, prior to the
bankruptcy filing, no notice of what has now been shockingly
revealed was provided by or on behalf of the trustee to those
damaged by the misappropriation, leaving already vulnerable
individuals without a means of much needed financial support beyond
the public assistance they require and receive. Based on what the
trustee has revealed in bankruptcy filings, no reasonable action
was taken to recover the special need trust losses from any of the
individuals or entities that bear responsibility.
The class action is necessary to return the value of the
misappropriated, pooled special needs trust assets to their
beneficiaries and to hold the individuals and entities involved
responsible for the extensive damage done. The Plaintiffs for their
son, Clark Chamberlin, and on behalf of other similarly situated
special needs trust grantors and beneficiaries, files this suit
against the Defendants seeking money damages for conversion, breach
of fiduciary duty, aiding and abetting breach of fiduciary duty,
negligence, fraudulent transfers, and unjust enrichment, as well as
declaratory relief.
Boston Finance Group LLC provides funds for borrowers. The Company
offers capital such as asset-based lending, law firm and plaintiff
funding, specialty finance originators, commercial lending, and
acquisition finance. [BN]
The Plaintiff is represented by:
Jeff Ostrow, Esq.
David L. Ferguson, Esq.
Jonathan M. Streisfeld, Esq.
KOPELOWITZ OSTROW
FERGUSON WEISELBERG GILBERT
One West Las Olas Blvd., Suite 500
Fort Lauderdale, FL 33301
Telephone: (954) 525-4100
Email: ostrow@kolawyers.com
ferguson@kolawyers.com
streisfeld@kolawyers.com
- and -
Thomas H. Leeder, Esq.
Andrew R. Smith, Esq.
LEEDER LAW
8551 West Sunrise Blvd., Ste. 202
Plantation, FL 33322
Telephone (954) 734-2382
Email: pleadings@leederlaw.com
BOYD FOODS: Fails to Properly Pay Restaurant Staff, Wilson Claims
-----------------------------------------------------------------
JUSTIN WILSON, BEN PORTH, CHRISTINA CORNE, MORGAN LITTELL, GRIFFIN
KESSLER, ALDEN WATKINS, and ALFREDO VALLEJO, on behalf of
themselves and all others similarly situated, Plaintiffs v. BOYD
FOODS, INC. d/b/a DIABLO'S SOUTHWEST GRILL OF LEXINGTON and KEVIN
BOYD, Defendants, Case No. 3:24-cv-00889-SAL (D.S.C., February 21,
2024) is a class action against the Defendants for failure to pay
for all hours worked in violation of the Fair Labor Standards Act
of 1938 and the South Carolina Payment of Wages Act.
The Plaintiffs were employed as nonexempt employees at Diablo's
Southwest Grill of Lexington.
Boyd Foods, Inc. is a company that owns and operates a restaurant
named Diablo's Southwest Grill of Lexington located in Lexington
County, South Carolina. [BN]
The Plaintiffs are represented by:
William J. Luse, Esq.
LAW OFFICE OF WILLIAM J. LUSE
917 Broadway Street
Myrtle Beach, SC 29577
Telephone: (843) 839-4795
Facsimile: (843) 839-4815
E-mail: bill@getlusenow.com
BRIGHT ENERGY: Doughty Files TCPA Suit in W.D. Texas
----------------------------------------------------
A class action lawsuit has been filed against Bright Energy
Services, LLC. The case is styled as Thomas Doughty, individually
and on behalf of all others similarly situated v. Bright Energy
Services, LLC, Case No. 1:24-cv-00175 (W.D. Tex., Feb. 21, 2024).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Bright Energy Services -- http://www.brightenergyservices.com/--
is an award-winning energy and environmental consulting firm.[BN]
The Plaintiff is represented by:
Alexander D. Kruzyk, Esq.
PARDELL, KRUZYK & GIRIBALDO PLLC
501 Congress Ave., Suite 150
Austin, TX 78701
Phone: (737) 310-3210
Email: akruzyk@pkglegal.com
BRINK'S INC: Faces Iraheta Wage and Hour Suit in California
-----------------------------------------------------------
IRAHETA, WILFREDO, an individual, on behalf of himself and all
others similarly situated, Plaintiff v. BRINK'S INCORPORATED, a
Delaware corporation; and DOES 1 through 10, inclusive; Defendants,
Case No. 24STCV04365 (Cal. Super., Los Angeles Cty., February 21,
2024) alleges wage and hour violations under the California Labor
Code and the applicable Industrial Welfare Commission Wage Order.
The Plaintiff was employed by Defendants as a non-exempt LLV
Messenger from approximately sixteen years until September 7, 2023.
As an LLV Messenger, Plaintiff drove an armored vehicle, picking up
and dropping off cash at different locations throughout Los Angeles
County. Allegedly, Defendants failed to pay Plaintiff and the
aggrieved employees minimum wages for all hours worked. Among other
things, Defendants failed to pay them for work performed during
meal periods. The Defendants also engaged in an unlawful practice
of time-shaving or rounding work hours, says the suit.
Brink's Incorporated is publicly traded global provider of security
services. [BN]
The Plaintiff is represented by:
Blake R. Jones, Esq.
BLAKE JONES LAW, PC
355 South Grand Avenue Suite 2450 - #2052
Los Angeles, CA 90071
Telephone: (323) 576-3221
E-mail: blake@blakejones.law
CALIFORNIA OLIVE: Has Made Unsolicited Calls, Lewis Suit Claims
---------------------------------------------------------------
ADAM LEWIS, individually and on behalf of all others similarly
situated, Plaintiff v. CALIFORNIA OLIVE RANCE, INC., Defendants,
Case No. CACE-24-001559 (Fla. Cir., Broward Cty., Feb. 5, 2024)
seeks to stop the Defendants' practice of making unsolicited
calls.
CALIFORNIA OLIVE RANCH, INC. manufactures food products. The
Company specializes in the production of olives, virgin olive oil
spray, bag-in-box, roasted garlic, and a variety of olive oils.
Miller's Blend California Olive Ranch serves customers throughout
the United States. [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
Email: josh@sjlawcollective.com
shawn@sjlawcollective.com
CAMPBELL SOUP: Ruiz Suit Removed to N.D. California
---------------------------------------------------
The case captioned as Javier Herrera Ruiz, individually, on behalf
of himself and all others similarly situated v. CAMPBELL SOUP
COMPANY, a New Jersey corporation; SNYDER'S-LANCE, INC., a North
Carolina corporation; and DOES 1 through 100, inclusive, Case No.
23CV02178 was removed from the Superior Court of the State of
California, County of Sonoma, to the U.S. District Court for the
Northern District of California on Feb. 22, 2024, and assigned Case
No. 3:24-cv-01091.
The Complaint alleges eight causes of action against Defendants:
failure to provide overtime under the Fair Labor Standards Act;
failure to reimburse business expenses; unlawful deductions from
wages; failure to pay overtime; failure to provide accurate wage
statements; failure to provide meal periods; failure to provide
rest breaks; and unfair business practices.[BN]
The Defendants are represented by:
Christopher A. Stecher, Esq.
Simon M. Levy, Esq
Teresa J. Thong, Esq
Bailey D. Maher, Esq
KEESAL, YOUNG & LOGAN
A Professional Corporation
578 Jackson Street
San Francisco, CA 94133
Phone: (415) 398-6000
Facsimile: (415) 981-0136
Email: christopher.stecher@kyl.com
simon.levy@kyl.com
teresa.thong@kyl.com
bailey.maher@kyl.com
CANADA: Due for Clean Drinking Water Class Action Filing Set Mar 7
------------------------------------------------------------------
Denise Titian at hashilthsa.com reports that time is running out to
apply for a share of the First Nations Drinking Water class action
settlement fund. Application forms can be found online and must be
submitted before March 7, 2024.
In 2019 the Neskantaga First Nation, Curve Lake First Nation and
Tataskweyak Cree Nation started a national class action lawsuit to
address drinking water advisories in their communities, drawing in
other First Nations across Canada.
The lawsuits addressed Canada's failure to take all reasonable
steps to ensure that First Nations communities have adequate access
to safe drinking water.
According to the First Nations Drinking Water Settlement website,
it was December 22, 2021 when the courts approved an $8 billion
settlement between Canada, certain First Nations and their members
who were subject to a drinking water advisory that lasted at least
one year between November 20, 1995, and June 20, 2021.
The settlement also includes commitments to fund the construction,
operation and maintenance of infrastructure to provide First
Nations and individual class members with regular access to safe
drinking water in their homes.
$1.8 billion of the settlement is set aside for individual
claimants who lived on an eligible First Nations reserve or treaty
settlement land during the affected period. For Nuu-chah-nulth
Nations, this includes:
-- Ehattesaht First Nation claimants that lived at Chenahkint
between June 23, 2006 and August 15, 2008
-- Hupacasath First Nation claimants that lived at Klehkoot 2
between September 15, 2004 and October 3, 2005
-- Huu-ay-aht, for those living at home between October 1, 2001 to
April 1, 2003. As well as those living at home between July 30,
2004 and November 18, 2005 and between the dates of August 24, 2015
to June 20, 2021
-- Toquaht, for those living at Macoah 1 between March 27, 2002 and
March 31, 2014
Ucluelet First Nation for those living on IR6 and IR7 (modern
treaty land) between May 20, 2014 and June 20, 2021
-- Pacheedaht, for those living on reserve between August 8, 2008
and April 15, 2010.
There are different types of compensation laid out in the $8
billion settlement, including:
-- $1.8 billion in compensation to individuals and impacted First
Nation(s);
-- An additional $50 million allocated for eligible individuals who
experienced specific injuries due to drinking water advisories that
lasted at least one year between November 20, 1995, and June 20,
2021; These injuries could include gastro-intestinal illness, skin
conditions, or cancer.
-- $6 billion to support the construction, upgrading, operation,
and maintenance of water infrastructure on First Nations land.
The amount of individual compensation is not yet known, but it will
vary for each applicant based on the remoteness of their community
and the type of water advisory they had. A chart on the First
Nations Drinking Water Settlement website indicates that the
payments would be in the range of $1,300 to $2,000 per individual,
per year under a drinking water advisory.
To make a claim, go to the First Nations Drinking Water website at
https://firstnationsdrinkingwater.ca/
For questions about the claims process and assistance with the
claim form, contact the First Nations Drinking Water administrator
toll-free at 1-833-252-4220, or contact your First Nation
administration offices. There may be a person designated to assist
members with application forms.
Claim forms can be found here:
https://firstnationsdrinkingwater.ca/index.php/claim-forms/[GN]
CAPITAL ONE: Janowitz Sues Over Unfair Debt Collection Practices
----------------------------------------------------------------
MATTHEW JANOWITZ, individually and on behalf of all others
similarly situated, Plaintiff v. CAPITAL ONE, N.A., Defendant, Case
No. CACE-24-002283 (Fla. Cir., Broward Cty., Feb. 19, 2024) seeks
to stop the Defendant's unfair and unconscionable means to collect
a debt.
CAPITAL ONE, N.A. operates as a bank. The Bank offers financial
products and services such as personal and business checking,
savings accounts, investment, mortgages, issues credit card,
business loans, and commercial banking solutions. [BN]
The Plaintiff is represented by:
Scott D. Hirsch, Esq.
SCOTT HIRSCH LAW GROUP, PLLC
6810 N. State Road 7
Coconut Creek, FL 33073
Telephone: (561)569-7062
Email: scott@scotthirschlawgroup.com
CARBON HEALTH: St. Aubin Sues Over Illegal Wiretapping
------------------------------------------------------
ADRIENNE ST. AUBIN, individually and on behalf of all other persons
similarly situated, Plaintiff v. CARBON HEALTH TECHNOLOGIES, INC.,
Defendant, Case No. 4:24-cv-00667-KAW (N.D. Cal., Feb. 5, 2024) is
a class action lawsuit brought under the California Invasion of
Privacy Act on behalf of the Plaintiff and all California residents
who have accessed and used a website owned, operated and controlled
by the Defendant, including https://carbonhealth.com.
The Plaintiff alleges in the complaint that the Defendant aids
employs, agrees, and conspires with Meta Platforms, Inc., formerly
known as Facebook, Inc., Google LLC, and other third-party vendors
to intercept communications sent and received by the Plaintiff and
Class Members, including communications containing protected
medical information.
CARBON HEALTH TECHNOLOGIES, INC. provides health care technology
solutions. The Company designs and develops care delivery systems
that enable physicians to focus on their patients health records,
book appointments, make payments, and conduct a video visit. Carbon
Health Technologies serves customers in the United States.
The Plaintiff is represented by:
Brittany S. Scott, Esq.
L. Timothy Fisher, Esq.
BURSOR & FISHER, P.A.
1990 North California Blvd., Suite 940
Walnut Creek, CA 94596
Telephone: (925) 300-4455
Facsimile: (925) 407-2700
Email: ltfisher@bursor.com
bscott@bursor.com
CELSIUS HOLDINGS: Class Settlement in APOPP Suit Gets Final Nod
---------------------------------------------------------------
In the class action lawsuit captioned as CITY OF ATLANTA POLICE
OFFICERS' PENSION PLAN and CITY OF ATLANTA FIREFIGHTERS' PENSION
PLAN, Individually and on Behalf of All Others Similarly Situated,
v. CELSIUS HOLDINGS, INC., JOHN FIELDLY, and EDWIN NEGRON-CARBALLO,
Case No. 9:22-cv-80418-DMM (S.D. Fla.), the Hon. Judge Donald M.
Middlebrooks entered an order granting the Lead Plaintiff's
unopposed motion for final approval of class action settlement and
plan of allocation, certification of class and appointment of class
representatives and class counsel.
The Court further entered an order that:
-- Lead Plaintiff's motion for an award of attorneys' fees and
expenses is granted.
-- The action and the preliminarily certified Settlement Class are
finally approved as a collective action under
Fed.R.Civ.P.23(a)and(b)(3) for purposes of settlement only.
-- Dissemination of the Settlement Notice met the requirements of
due
process.
-- The Settlement Agreement is approved, the terms thereof are
adjudged to be fair, reasonable, and adequate, and the Parties
and
Claims Administrator are ordered to consummate the remaining
terms
and provisions.
-- The Settlement Class Members are permanently enjoined from
prosecuting against the Released Parties any and all of the
Participating Class Members' Released Claims, as defined in the
Settlement Ageement.
-- This lawsuit is dismissed with prejudice and in full and final
discharge of any and all Participating Class Members' Released
Claims.
Class Certification:
The Proposed Class is "all persons who, directly or through an
intermediary, purchased or otherwise acquired Celsius common
stock
at any time during the period of August 12,2021, through March
1,
2022, inclusive."
Celsius operates as a holding company. The Company, through its
subsidiaries, provides thermogenic calorie-burning beverages.
A copy of the Court's order dated Feb. 1, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=A2IpKS at no extra
charge.[CC]
CENTER HOME: Moore Sues Over Labor Law Violations
-------------------------------------------------
KYIONDRA MOORE, individually and on behalf of other similarly
situated employees and former employees v. CENTER HOME FOR ELDERLY
HISPANIC, LLC, Defendant, Case No. 1:24-cv-01462 (N.D. Ill.,
February 21, 2024) seeks relief under the federal Fair Labor
Standards Act of 1938 and the Illinois Minimum Wage Law for unpaid
compensation, unpaid overtime compensation, liquidated damages,
treble damages, costs, attorneys’ fees, declaratory relief,
injunctive relief, and/or any such other relief the court may deem
appropriate.
Plaintiff Moore was employed by Defendant Center Home as a
certified nurse assistant. She was scheduled to work 80 hours every
two weeks by her employer. However, she was not paid one and
one-half times her regular rate of pay for the hours she worked in
excess of eight in a day or 80 in a two-week work period, as
required under the FLSA and IMWL, says the Plaintiff.
Center Home is a nursing home in Chicago and provides primary
health care, care of the aged, and skilled nursing to inpatient
residents. [BN]
The Plaintiff is represented by:
Paul D. Geiger, Esq.
Ralph J. Licari, Esq.
LAW OFFICES OF PAUL D. GEIGER
540 W. Frontage Road Suite 3020
Northfield, IL 60093
Telephone: (312) 609-0060
CENTRAL ADMIXTURE: Naumann Suit Removed to S.D. California
----------------------------------------------------------
The case captioned as Joseph Naumann, an individual, on behalf of
himself, and on behalf of all persons similarly situated v. CENTRAL
ADMIXTURE PHARMACY SERVICES, INC., a Delaware corporation; B. BRAUN
MEDICAL INC., a Pennsylvania corporation; AESCULAP, INC., a
California corporation; and DOES 1-50, inclusive, Case No.
37-2023-00055835-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 Feb. 22,
2024, and assigned Case No. 3:24-cv-00356-L-BGS.
The Plaintiff's Complaint asserts claims for: Unfair Competition in
Violation of Cal. Bus. & Prof. Code; Failure to Pay Minimum Wages
in Violation of Cal. Lab. Code; Failure to Pay Overtime Wages in
Violation of Cal. Lab. Code; Failure to Provide Required Meal
Periods in Violation of Cal. Lab. Code and the Applicable IWC Wage
Order; Failure to Provide Required Rest Periods in Violation of
Cal. Lab. Code and the Applicable IWC Wage Order; Failure to
Reimburse Employees For Required Expenses in Violation of Cal. Lab.
Code; Failure to Provide Wages When Due in Violation of Cal. Lab.
Code; and Failure to Provide Accurate Itemized Statements in
Violation of Cal. Lab. Code.[BN]
The Defendants are represented by:
Michael J. Nader, Esq.
Paul M. Smith, Esq.
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
400 Capitol Mall, Suite 2800
Sacramento, CA 95814
Phone: 916-840-3150
Facsimile: 916-840-3159
Email: michael.nader@ogletree.com
paul.smith@ogletree.com
CHANCELLOR SENIOR: Plaintiffs Seek to Strike Supplement for Hearing
-------------------------------------------------------------------
In the class action lawsuit captioned as NANCY REUSCHEL, as
Executrix of the Estate of LOUISE MCGRAW, deceased; LORETTA
HOLCOMB, as Executrix of the Estate of CHARLOTTE RODGERS, deceased;
and on behalf of all others similarly situated, v. CHANCELLOR
SENIOR MANAGEMENT, LTD., Case No. 5:22-cv-00279 (S.D.W. Va.), the
Plaintiffs file a motion to strike the Defendant's supplement to
its motion for evidentiary hearing.
Had Defendant characterized its filing as a surreply to the
Plaintiffs' motion for class certification or a second reply to the
Plaintiffs' Opposition to Defendant's Motion for Evidentiary
Hearing, it should be stricken from the record because of the
Defendant's failure to meet the most basic procedural
requirements.
The Plaintiffs move to strike the Defendant's supplement to its
motion for Evidentiary Hearing.
On Dec. 7, 2023, the Defendant filed its Motion for Evidentiary
Hearing on Plaintiffs' Motion for Class Certification.
On Dec. 21, 2023, the Plaintiffs filed their Opposition to the
Defendant's Motion for Evidentiary Hearing on the Plaintiffs'
Motion for Class Certification.
On Dec. 28, 2023, the Defendant filed its Reply to the Plaintiffs'
Opposition to the Defendant's Motion for Evidentiary Hearing, at
which time Defendant’s Motion was fully briefed.
Chancellor is a dynamic company that develops, owns, and operates
properties that provide seniors with housing and health care
options.
A copy of the Plaintiffs' motion dated Feb. 1, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=312UyM at no extra
charge.[CC]
The Plaintiffs are represented by:
Jonathan Mani, Esq.
MANI, ELLIS & LAYNE, PLLC
Charleston, WV 25326
Telephone: (304) 720-1000
- and -
Christa Collins, Esq.
COLLINS LAW
433 Central Avenue, Fourth Floor
Saint Petersburg, FL 33701
Telephone: (727) 218-1762
- and -
Benjamin Davis, Esq.
Kelly Baby, Esq.
Sebastien Monzon Rueda, Esq.
AARP FOUNDATION
601 E Street, NW
Washington, DC 20049
Telephone: (202) 434-6485
CHSPSC LLC: Gatti Suit Transferred to S.D. Florida
--------------------------------------------------
The case styled as Bethany Gatti, individually, and on behalf of
all others similarly situated v. CHSPSC, LLC, Case No.
3:23-cv-00371 was transferred from the U.S. District Court for the
Middle District of Tennessee, to the U.S. District Court for the
Southern District of Florida on Feb. 21, 2024.
The District Court Clerk assigned Case No. 1:24-cv-20662 to the
proceeding.
The nature of suit is stated as Other P.I. for Personal Injury.
CHSPSC, LLC -- https://www.chs.net/ -- provides management services
to Community Health Systems, Inc. is one of the nation's leading
healthcare providers.[BN]
CLEAN HARBORS: Sanctis Suit Transferred to E.D. California
----------------------------------------------------------
The case styled as Dino De Sanctis, an individual, on behalf of
himself and on behalf of all persons similarly situated v. Clean
Harbors Environmental Services, Inc., Case No. 3:23-cv-05570 was
transferred from the U.S. District Court for the Northern District
of California, to the U.S. District Court for the Eastern District
of California on Feb. 22, 2024.
The District Court Clerk assigned Case No. 2:24-cv-00551-AC to the
proceeding.
The nature of suit is stated as Other Statutory Actions for
Declaratory Judgment.
Zeroed-In Technologies -- https://www.zeroedin.com/ -- is an
innovative technology company that helps clients make better use of
their own HR, talent, and business data.[BN]
The Plaintiff is represented by:
Nicholas J. De Blouw, Esq.
Aparajit Bhowmik, Esq.
Charlotte Elise James, Esq.
Kyle R. Nordrehaug, Esq.
Norman Blumenthal, Esq.
Ruchira Piya Mukherjee, Esq.
Victoria Bree Rivapalacio, Esq.
BLUMENTHAL NORDREHAUG BHOWMIK DE BLOUW
2255 Calle Clara
La Jolla, CA 92037-3107
Phone: 858-952-0354
Fax: 858-551-1232
Email: DeBlouw@bamlawca.com
aj@bamlawca.com
charlotte@bamlawca.com
kyle@bamlawca.com
norm@bamlawca.com
piya@bamlawlj.com
victoria@bamlawca.com
The Defendants are represented by:
Isabella B. Urrea
Alexander M. Chemers
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
400 South Hope Street, Suite 1200
Los Angeles, CA 90071
Phone: (626) 316-4555
Fax: (213) 239-9045
Email: isabella.urrea@ogletreedeakins.com
alexander.chemers@ogletreedeakins.com
COLBEA ENTERPRISES: Darden Suit Seeks to Certify FLSA Collective
----------------------------------------------------------------
In the class action lawsuit captioned as JOSHALYN DARDEN,
individually and on behalf of others similarly situated, v. COLBEA
ENTERPRISES, L.L.C. and, ANDREW DELLI CARPINI, Case No.
1:23-cv-11540-JEK (D. Mass.), the Plaintiff asks the Court to enter
an order pursuant to the Fair Labor Standards Act (FLSA):
1. Conditionally certifying the following collective so that
putative opt-in plaintiffs may receive notice of the lawsuit
pursuant to 29 U.S.C. section 216(b):
"All individuals currently or formerly employed by Colbea
Enterprises LLC as hourly employees in Massachusetts who were
subject to its time rounding practice relative to tracking
employees' work time;"
2. Directing the Defendants to, within 30 days, produce the
names,
last known mailing addresses, email addresses, and phone
numbers
for all potential class members;
3. Approving the issuance of the Notice and Consent To Join
Form;
4. Allowing individuals 90 days from the date of mailing of the
Notice to opt-in to the collective action and authorizing a
reminder notice to be sent 45 days prior to the close of the
opt-in period; and
5. Granting and other relief the Court deems just.
Colbea is a joint venture between East Side Enterprises and Motiva
formed in 1999.
A copy of the Plaintiff's motion dated Feb. 1, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=st6wFn at no extra
charge.[CC]
The Plaintiff is represented by:
Raven Moeslinger, Esq.
Nicholas F. Ortiz, Esq.
Matthew D. Patton, Esq.
LAW OFFICE OF NICHOLAS F. ORTIZ, P.C.
One Boston Place, Suite 2600
Boston, MA 02108
Telephone: (617) 338-9400
E-mail: rm@mass-legal.com
mdp@mass-legal.com
COMMUNITY HEALTH: Fails to Pay OT Wages, McGaha Suit Claims
-----------------------------------------------------------
WILMA SUE McGAHA, Individually and On Behalf of All Others
Similarly Situated, Plaintiff v. COMMUNITY HEALTH SYSTEMS, INC. and
COCKE COUNTY HMA, LLC d/b/a NEWPORT MEDICAL CENTER, Defendants,
Case No. 2:24-cv-00031 (M.D. Tenn., February 2, 2024) seeks to
recover compensation, liquidated damages, and attorneys' fees and
costs pursuant to the provisions of Sections 206, 207, and 216(b)
of the Fair Labor Standards Act of 1938, and Tennessee common law.
The Plaintiff worked for Defendants as a care provider and was
responsible for assisting patients and doctors in Defendant'
facility known as Newport Medical Center. Allegedly, Plaintiff did
not receive compensation for all hours worked or the correct amount
of overtime compensation for all hours worked over 40 hours each
workweek.
Headquartered in Franklin, TN, Community Health Systems, Inc. is a
foreign for-profit corporation that owns and operates Newport
Medical Center in Newport, TN. [BN]
The Plaintiff is represented by:
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
William M. Hogg, Esq.
JOSEPHSON DUNLAP LLP
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Telephone: (713) 352-1100
Facsimile: (713) 352-3300
E-mail: mjosephson@mybackwages.com
adunlap@mybackwages.com
whogg@mybackwages.com
- and -
Clif Alexander, Esq.
Austin Anderson, Esq.
Blayne E. Fisher, Esq.
Lauren Braddy, Esq.
ANDERSON ALEXANDER PLLC
819 N. Shoreline Blvd., 6th Floor
Corpus Christi, TX 78401
Telephone: (361) 452-1279
Facsimile: (361) 452-1284
E-mail: clif@a2xlaw.com
austin@a2xlaw.com
blayne@a2xlaw.com
lauren@a2xlaw.com
- and -
Melody Fowler-Green, Esq.
N. Chase Teeples, Esq.
YEZBAK LAW OFFICES PLLC
P.O. Box 159033
Nashville, TN 37215
Telephone: (615) 250-2000
Facsimile: (615) 250-2020
E-mail: mel@yezbaklaw.com
teeples@yezbaklaw.com
COMMUNITY HEALTH: Ferguson Suit Transferred to S.D. Florida
-----------------------------------------------------------
The case styled as Timothy Ferguson, on behalf of himself and all
others similarly situated v. Community Health Systems, Inc. CHSPSC,
LLC, Case No. 3:23-cv-00443 was transferred from the U.S. District
Court for the Middle District of Tennessee, to the U.S. District
Court for the Southern District of Florida on Feb. 21, 2024.
The District Court Clerk assigned Case No. 1:24-cv-20665 to the
proceeding.
The nature of suit is stated as Other Personal Property for
Personal Injury.
Community Health Systems -- https://www.chs.net/ -- is one of the
nation's leading healthcare providers.[BN]
COMMUNITY HEALTH: Kuffrey Suit Transferred to S.D. Florida
----------------------------------------------------------
The case styled as Sandra Kuffrey, individually and on behalf of
all others similarly situated v. Community Health Systems, Inc.
CHSPSC, LLC, Case No. 3:23-cv-00285 was transferred from the U.S.
District Court for the Middle District of Tennessee, to the U.S.
District Court for the Southern District of Florida on Feb. 21,
2024.
The District Court Clerk assigned Case No. 1:24-cv-20660 to the
proceeding.
The nature of suit is stated as Other Personal Property for
Personal Injury.
Community Health Systems -- https://www.chs.net/ -- is one of the
nation's leading healthcare providers.[BN]
COMMUNITY HEALTH: Martin Suit Transferred to S.D. Florida
---------------------------------------------------------
The case styled as Angela Martin, on behalf of himself and all
others similarly situated v. Community Health Systems, Inc. CHSPSC,
LLC, Case No. 3:23-cv-00354 was transferred from the U.S. District
Court for the Middle District of Tennessee, to the U.S. District
Court for the Southern District of Florida on Feb. 21, 2024.
The District Court Clerk assigned Case No. 1:24-cv-20661 to the
proceeding.
The nature of suit is stated as Other Personal Property for Breach
of Fiduciary Duty.
Community Health Systems -- https://www.chs.net/ -- is one of the
nation's leading healthcare providers.[BN]
COMMUNITY HEALTH: McGowan Suit Transferred to S.D. Florida
----------------------------------------------------------
The case styled as Brandy McGowan, individually and on behalf of
all others similarly situated v. Community Health Systems, Inc.
CHSPSC, LLC, Case No. 3:23-cv-00520 was transferred from the U.S.
District Court for the Middle District of Tennessee, to the U.S.
District Court for the Southern District of Florida on Feb. 21,
2024.
The District Court Clerk assigned Case No. 1:24-cv-20667 to the
proceeding.
The nature of suit is stated as Other Personal Property for
Property Damage.
Community Health Systems -- https://www.chs.net/ -- is one of the
nation's leading healthcare providers.[BN]
COMMUNITY HEALTH: McVittie Suit Transferred to E.D. Tennessee
-------------------------------------------------------------
The case styled as David McVittie, individually and on behalf of
all others similarly situated v. Community Health Systems, Inc.,
Jefferson County HMA, LLC doing business as: Jefferson Memorial
Hospital, Case No. 3:24-cv-00127 was transferred from the U.S.
District Court for the Middle District of Tennessee, to the U.S.
District Court for the Eastern District of Tennessee on Feb. 21,
2024.
The District Court Clerk assigned Case No. 3:24-cv-00085 to the
proceeding.
The nature of suit is stated as Other Personal Property for
Property Damage.
Community Health Systems -- https://www.chs.net/ -- is one of the
nation's leading healthcare providers.[BN]
The Plaintiff is represented by:
Andrew Dunlap, Esq.
Michael Josephson, Esq.
William M. Hogg, Esq.
JOSEPHSON DUNLAP LLP
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Phone: (713) 352-1100
Fax: (713) 352-3300
Email: adunlap@mybackwages.com
mjosephson@mybackwages.com
- and -
Clif Clifton Alexander, Esq.
Austin W. Anderson, Esq.
Blayne Fisher, Esq.
ANDERSON ALEXANDER, PLLC
101 N. Shoreline Blvd., Ste 610
Corpus Christi, TX 78401
Phone: (361) 452-1279
Email: clif@a2xlaw.com
austin@a2xlaw.com
- and -
Nicholas Chase Teeples, Esq.
Melody Fowler-Green, Esq.
YEZBAK LAW OFFICES PLLC
PO Box 159033
Nashville, TN 37215
Phone: (615) 250-2000
Fax: (615) 250-2020
Email: teeples@yezbaklaw.com
mel@yezbaklaw.com
- and -
Lauren Elizabeth Braddy, Esq.
ANDERSON ALEXANDER, PLLC
819 North Upper Broadway
Corpus Christi, TX 78401
Phone: (361) 452-1279
Fax: (361) 452-1284
COMPLETE COLLECTION: Feist FDCPA Suit Removed to E.D. Pennsylvania
------------------------------------------------------------------
The case styled as Erik Feist, on behalf of himself and all others
similarly situated v. Complete Collection Service-South Florida,
LLC, Case No. 23-08645-TT was removed from Chester County Court of
Common Pleas, Pennsylvania, to the U.S. District Court for the
Eastern District of Pennsylvania on Feb. 21, 2024.
The District Court Clerk assigned Case No. 2:24-cv-00769 to the
proceeding.
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
Complete Collection Services, Inc. strives to provide optimal
collection services to all clients.[BN]
The Plaintiff is represented by:
Daniel Zemel, Esq.
ZEMEL LAW LLC
660 Broadway
Paterson, NJ 07514
Phone: (862) 227-3106
Fax: (973) 525-2552
Email: dz@zemellawllc.com
The Defendant is represented by:
Patrick J. Doran, Esq.
ARCHER & GREINER PC
Three Logan Square
1717 Arch Street, Suite 3500
Philadelphia, PA 19103
Phone: (215) 963-3300
Fax: (215) 963-9999
Email: pdoran@archerlaw.com
CONCORD MUSIC: Edwards Files Suit in M.D. Tennessee
---------------------------------------------------
A class action lawsuit has been filed against Concord Music Group,
Inc. The case is styled as Karen Edwards, on behalf of herself, and
all others similarly situated v. Concord Music Group, Inc., Case
No. 3:24-cv-00196 (M.D. Tenn., Feb. 21, 2024).
The nature of suit is stated as Other Contract for Breach of
Contract.
Concord Music Group -- https://concord.com/ -- was an American
independent music company based in Beverly Hills, California, with
worldwide distribution through Universal Music Group.[BN]
The Plaintiffs are represented by:
Amina A. Thomas, Esq.
Lynn A. Toops, Esq.
COHEN & MALAD, LLP
One Indiana Square, Suite 1400
Indianapolis, IN 46204
Phone: (317) 636-6481
Email: athomas@cohenandmalad.com
ltoops@cohenandmalad.com
- and -
Andrew E. Mize, Esq.
James Gerard Stranch, IV, Esq.
STRANCH, JENNINGS & GARVEY, PLLC
223 Rosa L. Parks Avenue, Suite 200
Nashville, TN 37203
Phone: (615) 254-8801
Fax: (615) 255-5419
Email: amize@stranchlaw.com
gstranch@stranchlaw.com
- and -
Raina Borelli, Esq.
Samuel Strauss, Esq.
TURKE & STRAUSS, LLP
613 Williamson Street, Suite 201
Madison, WI 53703
Email: raina@turkestrauss.com
sam@turkestrauss.com
CONSENSIOHEALTH LLC: Hawthorne Sues Over Alleged Cyberattack
------------------------------------------------------------
COREY D. HAWTHORNE, individually, and on behalf of all others
similarly situated, Plaintiff v. CONSENSIOHEALTH, LLC, Defendant,
Case No. 2:24-cv-00234-NJ (E.D. Wis., February 21, 2024) arises
from Defendant's failure to properly secure and safeguard
Representative Plaintiff's and Class Members' protected health
information and personally identifiable information stored within
Defendant's information network.
The Plaintiff seeks to hold Defendant responsible for the harms it
caused and will continue to cause Plaintiff and, at least, 60,871
other similarly situated persons in the massive and preventable
cyberattack purportedly discovered by Defendant on July 3, 2023, in
which cybercriminals infiltrated Defendant's inadequately protected
network servers and accessed highly sensitive PHI/PII that was
being kept unprotected.
Headquartered in Wauwatosa, WI, ConsensioHealth, LLC. is a limited
liability company that provides administrative and management
services. [BN]
The Plaintiff is represented by:
John D. Blythin, Esq.
ADEMI LLP
3620 East Layton Avenue
Cudahy, WI 53110
E-mail: (414) 482-8000
Facsimile: (414) 482-8001
E-mail: jblythin@ademilaw.com
- and -
Daniel Srourian, Esq.
SROURIAN LAW FIRM, P.C.
3435 Wilshire Blvd. Suite 1710
Los Angeles, CA 90010
Telephone: (213) 474-3800
Facsimile: (213) 471-4160
E-mail: daniel@slfla.com
CORECIVIC OF TENNESSEE: Eriksen and Mirabal Seek Proper OT Wages
----------------------------------------------------------------
SVERRE ERIKSEN and JARRED MIRABAL, individually and on behalf of
all others similarly situated, Plaintiff v. CORECIVIC OF TENNESSEE,
LLC, Defendant, Case No. 3:24-cv-00197 (M.D. Tenn., February 21,
2024) seeks all available relief under the Fair Labor Standards Act
of 1938, the Arizona Wage Act, and the New Mexico Minimum Wage
Act.
Plaintiff Eriksen worked for CoreCivic at the Eloy and Florence,
Arizona facilities from February 12, 2018 until April 22, 2023 and
Plaintiff Mirabal worked for CoreCivic at its Cibola County
Correctional Center in Milan, New Mexico as a Detention Officer
from October 2018 to October 2019, and as an Assistant Shift
Supervisor from August 2021 to September 29, 2022. In this
complaint, Plaintiffs challenge CoreCivic's long standing policy of
willfully failing to properly pay all overtime compensation owed to
its non-exempt correctional and detention center officers for all
hours worked over forty in a workweek in violation of applicable
federal and state laws. The Plaintiffs assert that CoreCivic
required Plaintiffs and similarly situated Correctional Officers to
undergo security screenings each shift while off-the-clock and
without pay.
Headquartered in Brentwood, TN, CoreCivic is the nation's largest
private prison owner and one of the largest prison operators with
44 facilities housing 66,399 beds located in states across the
United States. [BN]
The Plaintiffs are represented by:
Micah S. Adkins, Esq.
THE ADKINS FIRM, P.C.
315 Deaderick St., Suite 1550
Nashville, TN 37238
Telephone: (615) 370-4099
E-mail: MicahAdkins@ItsYourCreditReport.com
CORSAIR GAMING: Plaintiffs Seek to Seal Certain Class Cert Docs
---------------------------------------------------------------
In the class action lawsuit captioned as ANTONIO MCKINNEY, CLINT
SUNDEEN, and JOSEPH ALCANTARA, each individually and on behalf of
all others similarly situated, v. CORSAIR GAMING, INC., Case No.
4:22-cv-00312-JST (N.D. Cal.), the Plaintiffs ask the Court to
enter an order the Defendant asks the Court to enter an order
authorizing the sealing of certain materials being filed with the
Plaintiffs' Reply Brief in support of Motion for Class
Certification.
The Plaintiffs have reviewed and complied with Civil Local Rule
79-5(f). The materials that Plaintiffs seek to file under seal are
identified in the below chart.
Document Portion(s) Designating Entity and
to Seal Reason(s) for Sealing
Plaintiffs' Pages: 9, The material redacted in the
Reply Brief 10, 16 Motion has been designated
in support "CONFIDENTIAL" or "HIGHLY
of Motion CONFIDENTIAL" by Defendant
for Class Corsair or provisionally
Certification "CONFIDENTIAL" pending
designation by the Defendant
Corsair, pursuant to the
Protective Order.
Plaintiffs therefore are not
in a
position to place this
information in the public
record.
Corsair is an American computer peripherals and hardware company.
A copy of the Plaintiffs' motion dated Feb. 1, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=DGdhrh at no extra
charge.[CC]
The Plaintiffs are represented by:
Richard Lyon, Esq.
Simon Franzini, Esq.
Jonas B. Jacobson, Esq.
Grace Bennett, Esq.
DOVEL & LUNER, LLP
201 Santa Monica Blvd., Suite 600
Santa Monica, CA 90401
Telephone: (310) 656-7066
Facsimile: (310) 656-7069
E-mail: rick@dovel.com
simon@dovel.com
jonas@dovel.com
grace@dovel.com
- and -
Kevin Kneupper, Esq.
A. Cyclone Covey, Esq.
KNEUPPER & COVEY, PC
17011 Beach Blvd., Ste. 900
Huntington Beach, CA 92647-5998
Telephone: (512) 420-8407
E-mail: kevin@kneuppercovey.com
cyclone@kneuppercovey.com
COUNTER BRANDS: Shawgo Suit Removed to D. Minnesota
---------------------------------------------------
The case styled as Jennifer Shawgo, Jennifer Shawgo BC LLC, Molly
Bjornlie, Molly Bjornlie, LLC, Ayesha Dawley, Dawley, LLC, Caity
Pike, an individual, on behalf of themselves and all others
similarly situated v. Counter Brands, LLC doing business as:
Beautycounter, The Carlyle Group Inc., Case No. 10-cv-23-1035 was
removed from the Carver County District Court, to the U.S. District
Court for the Eastern District of Pennsylvania on Feb. 21, 2024.
The District Court Clerk assigned Case No. 0:24-cv-00556 to the
proceeding.
The nature of suit is stated as Other Contract.
Counter Brands, LLC doing business as Beautycounter --
http://www.beautycounter.com/-- is an American direct to consumer
company that sells skin care and cosmetic products.[BN]
The Plaintiffs are represented by:
Pamela Abbate Dattilo, Esq.
Samuel W. Diehl, Esq.
Tara Kennedy, Esq.
CROSSCASTLE PLLC
333 Washington Ave N
Minneapolis, MN 55401
Phone: (651) 324-0512
Email: pamela.dattilo@crosscastle.com
sam.diehl@crosscastle.com
tara.kennedy@crosscastle.com
The Defendants are represented by:
Amran Farah, Esq.
Mark L. Johnson, Esq.
GREENE ESPEL PLLP
222 S 9th St., Ste. 2200
Minneapolis, MN 55402
Phone: (612) 373-8357
Email: afarah@greeneespel.com
mjohnson@greeneespel.com
CREDIT UNION: Class Cert Bid Struck in Lucero Class Action
-----------------------------------------------------------
In the class action lawsuit captioned as Brenda Lucero, et al., v.
Credit Union Retirement Plan Association, et al., Case No.
3:22-cv-00208 (W.D. Wisc., Filed April 12, 2022), the Hon. Judge
James D. Peterson entered an order that the remainder of the
schedule is struck in light of the plaintiff's interlocutory appeal
of the court's denial of class certification.
The court will schedule a telephonic status conference after the
court of appeals has ruled on plaintiff's appeal.
The suit alleges violation of the Employee Retirement Income
Security Act involving breach of fiduciary duties.[CC]
CSX CORP: Continues to Defend Fuel Surcharge Antitrust Class Suit
-----------------------------------------------------------------
CSX Corp. disclosed in its Form 10-K Report for the annual period
ending December 31, 2023 filed with the Securities and Exchange
Commission on February 14, 2024, that the Company continues to
defend itself from the fuel surcharge antitrust class suit in the
federal court in District of Columbia.
In May 2007, class action lawsuits were filed against CSXT and
three other U.S.-based Class I railroads alleging that the
defendants' fuel surcharge practices relating to contract and
unregulated traffic resulted from an illegal conspiracy in
violation of antitrust laws.
The class action lawsuits were consolidated into one case in
federal court in the District of Columbia.
In 2017, the District Court issued its decision denying class
certification.
On August 16, 2019, the U.S. Court of Appeals for the D.C. Circuit
affirmed the District Court's ruling.
The consolidated case is now moving forward without class
certification.
Although the class was not certified, individual shippers have
since brought claims against the railroads, which have been
consolidated into a separate case.
CSXT believes that its fuel surcharge practices were arrived at and
applied lawfully and that the case is without merit.
Accordingly, the Company intends to defend itself vigorously.
CSX Corporation together with its subsidiaries provides rail-based
transportation services including traditional rail service, the
transport of intermodal containers and trailers, as well as other
transportation services such as rail-to-truck transfers and bulk
commodity operations.
DIDI HIRSCH PSYCHIATRIC: Adams Files Suit in Cal. Super. Ct.
------------------------------------------------------------
A class action lawsuit has been filed against Didi Hirsch
Psychiatric Service. The case is styled as Rosie Adams,
individually, and on behalf of all persons similarly situated v.
Didi Hirsch Psychiatric Service, Does 1 to 50, Case No. 24STCV04410
(Cal. Super. Ct., Los Angeles Cty., Feb. 22, 2024).
Didi Hirsch --- - https://didihirsch.org/ provides compassionate
mental health, substance use, and suicide prevention services to
individuals and families.[BN]
The Plaintiff is represented by:
Haig B. Kazandjian, Esq.
HAIG B. KAZANDJIAN LAWYERS, APC
801 North Brand Boulevard, Suite 970
Glendale, CA 91203
Phone: 1-818-696-2306
Fax: 1-818-696-2307
Email: haig@hbklawyers.com
DOLLAR TREE INC: Ramirez Suit Transferred to D. Maryland
--------------------------------------------------------
The case captioned as Raynier Ramirez, individually and on behalf
of all others similarly situated v. Dollar Tree, Inc., Zeroed-In
Technologies, LLC, Doe Defendants 1-100, Case No. 2:23-cv-00655 was
removed from the U.S. District Court for the Eastern District of
Virginia, to the U.S. District Court for the District of Maryland
on Feb. 22, 2024.
The District Court Clerk assigned Case No. 1:24-cv-00559-BAH to the
proceeding.
The nature of suit is stated as Other P.I. for Personal Injury.
Dollar Tree, Inc. -- https://www.dollartree.com/ -- is an American
multi-price-point chain of discount variety stores.[BN]
The Plaintiff is represented by:
Robert William Murphy, Esq.
LAW OFFICE OF ROBERT W. MURPHY, ESQ.
440 Premier Circle, Suite 240
Charlottesville, VA 22901
Phone: (434) 328-3100
Fax: (434) 328-3101
Email: rwmurphy@lawfirmmurphy.com
The Defendants are represented by:
Kenneth L. Chernof, Esq.
ARNOLD AND PORTER LLP
601 Massachusetts Avenue, N.W.
Washington, DC 20001
Phone: (202) 942-5000
Fax: (202) 942-5999
Email: ken.chernof@arnoldporter.com
- and -
Kelly M. Lippincott, Esq.
GORDON REES SCULLY MANSUKHANI LLP
277 S. Washington St., Suite 550
Alexandria, VA 22314
Phone: (202) 399-1009
Fax: (202) 800-2999
Email: klippincott@grsm.com
ECOLAB INC: Faces Bennett Suit Over ERISA Violations
----------------------------------------------------
SCOTT BENNETT, individually and on behalf of all others similarly
situated, Plaintiff v. ECOLAB, INC., the Plan Administrator of the
Ecolab Pension Plan; and THE ECOLAB PENSION PLAN, Defendants, Case
No. 0:24-cv-00546 (D. Minn., Feb. 21, 2024) alleges violation of
the Employee Retirement Income Security Act of 1974.
The Plaintiff alleges in the complaint that the Defendants breached
ERISA's actuarial equivalence, anti-forfeiture, and joint and
survivor annuity requirements with respect to the Ecolab Pension
Plan (the "Plan").
The Plaintiff and Class members are harmed by the Defendants'
calculation and payment of benefits that are less than the
actuarial equivalent of their protected retirement benefits, in
violation of ERISA. The Plaintiff seeks reformation of the Plan to
provide for proper actuarial assumptions as to Class members; and
recalculation of benefits for all Class members and payment to them
of the amounts owed under an ERISA-compliant plan, the suit
alleges.
ECOLAB INC. is a global provider of water, hygiene, and infection
prevention solutions for customers in food, healthcare,
hospitality, industrial and oil and gas markets. The Company's
services include food safety, sanitation, optimization of water and
energy use, improvement of operational efficiency and
sustainability. [BN]
The Plaintiff is represented by:
Paul J. Lukas, Esq.
Brock J. Specht, Esq.
Steven J. Eiden, Esq.
Mary Clare Mulcahy, Esq.
NICHOLS KASTER, PLLP
4700 IDS Center 80 S 8th Street
Minneapolis, MN 55402
Telephone: (612) 256-3200
Facsimile: (612) 338-4878
Email: plukas@nka.com
bspecht@nka.com
seiden@nka.com
mcmulcahy@nka.com
- and -
Todd Jackson, Esq.
Nina Wasow, Esq.
FEINBERG, JACKSON, WORTHMAN & WASOW, LLP
2030 Addison Street Suite 500
Berkeley, CA 94704
Telephone: (510) 269-7998
Facsimile: (510) 269-7994
Email: todd@feinbergjackson.com
nina@feinbergjackson.com
- and -
Mary Bortscheller, Esq.
FEINBERG, JACKSON, WORTHMAN & WASOW, LLP
2112 Broadway Street NE
Suite 225, #137
Minneapolis, MN 55413
Telephone: (510) 606-5129
Email: mary@feinbergjackson.com
EIDP INC: $2MM Disbursed from Settlement Deal
---------------------------------------------
EIDP, Inc. disclosed in its Form 10-K report for the fiscal year
ended December 30, 2023, filed with the Securities and Exchange
Commission on February 8, 2024, that it has residual liabilities
under its 2004 settlement of a West Virginia state court class
action captioned "Leach v. EIDP," which alleged that toxic
substances from EIDP's former Washington Works facility had
contaminated area drinking water supplies and affected the health
of area residents.
The settlement class has about 80,000 members. In addition to
relief that was provided to class members years ago, the settlement
requires EIDP to continue providing PFOA water treatment to six
area water districts and private well users and to fund, through an
escrow account, up to $235 million for a medical monitoring program
for eligible class members.
As of December 31, 2023, approximately $2 million had been
disbursed from the account since its establishment in 2012 and the
remaining balance is approximately $1 million.
The Leach settlement permits class members to pursue personal
injury claims for six health conditions that an expert panel
appointed under the settlement reported in 2012. After the panel
reported its findings, approximately 3,550 personal injury lawsuits
were filed in federal and state courts in Ohio and West Virginia
and consolidated in multi-district litigation in the U.S. District
Court for the Southern District of Ohio. This was settled in early
2017 for approximately $670 million in cash, with the Chemours
Company and EIDP each paying half.
EIDP, Inc., formerly known as DuPont de Nemours, Inc., commonly
shortened to DuPont, is a multinational chemical company.
EIDP INC: Faces Multiple Suits Over Cape Fear Water Contamination
-----------------------------------------------------------------
EIDP, Inc. disclosed in its Form 10-K report for the fiscal year
ended December 30, 2023, filed with the Securities and Exchange
Commission on February 8, 2024, that as of December 31, 2023,
several actions are pending in federal court against EIDP relating
to toxic discharges from the Fayetteville Works facility.
One of these is a consolidated putative class action that asserts
claims for medical monitoring and property damage on behalf of
putative classes of property owners and residents in areas near or
who draw drinking water from the Cape Fear River. Another action is
a consolidated action brought by various North Carolina water
authorities, including the Cape Fear Public Utility Authority
(CFPUA) and Brunswick County, that seek actual and punitive damages
as well as injunctive relief.
In a state court action approximately 100 private property owners
near the Fayetteville Works facility filed a complaint against
Chemours and EIDP in May 2020. The plaintiffs seek compensatory and
punitive damages for their claims of private nuisance, trespass,
negligence and property damage allegedly caused by release of
certain toxic substances.
EIDP filed a motion to dismiss the Delaware Chancery Court action
based upon failure to state a claim under Delaware law in June
2023, along with a counterclaim in October 2023. CFPUA's motion to
stay the case was granted in January 2024.
EIDP, Inc., formerly known as DuPont de Nemours, Inc., commonly
shortened to DuPont, is a multinational chemical company.
ENCHANTING EARTH: Has Made Unsolicited Calls, Figueroa Claims
-------------------------------------------------------------
KIMBERLY FIGUEROA, individually and on behalf of all others
similarly situated, Plaintiff v. ENCHANTING EARTH, LLC, Defendant,
Case No. CACE-24-002304 (Fla. Cir., Broward Cty., Feb. 19, 2024)
seeks to stop the Defendant's practice of making unsolicited
calls.
ENCHANTING EARTH, LLC sells gemstone, jewelry, and healing
crystals. [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
Email: josh@sjlawcollective.com
shawn@sjlawcollective.com
EQT CORP: Trial Date Still Not Set in Securities Class Suit
------------------------------------------------------------
EQT Corporation disclosed in its Form 10-K Report for the annual
period ending December 31, 2023 filed with the Securities and
Exchange Commission on February 14, 2024, that the United States
District Court for the Western District of Pennsylvania has not yet
set the trial date for the securities class suit.
On December 6, 2019, an amended putative class action complaint was
filed in the United States District Court for the Western District
of Pennsylvania by Cambridge Retirement System, Government of Guam
Retirement Fund, Northeast Carpenters Annuity Fund, and Northeast
Carpenters Pension Fund, on behalf of themselves and all those
similarly situated, against EQT Corporation, and certain former
executives and current and former board members of EQT Corporation
(the Securities Class Action).
The complaint alleges that certain statements made by EQT
Corporation regarding its merger with Rice Energy Inc. in 2017 (the
Rice Merger) were materially false and violated various federal
securities laws.
Pursuant to the complaint, the plaintiffs seek compensatory or
rescissory damages in an unspecified amount for all damages
allegedly sustained by the class as a result of alleged negative
impacts to EQT Corporation's stock price in 2018 and 2019.
This legal proceeding is currently in discovery and a trial date
has not been determined.
EQT Corporation is an American energy company, headquartered in
Pittsburgh, Pennsylvania.
ERIC L. AFFELDT: Drulias Files Suit in Del. Chancery Ct.
--------------------------------------------------------
A class action lawsuit has been filed against Eric L. Affeldt, et
al. The case is styled as Dean William Drulias, on behalf of
himself and similarly situated current and former stockholders of
Experience Investment Corp. v. ERIC L. AFFELDT, MARTIN NEWBURGER,
BRIAN C. WITHEROW, RAFAEL PASTOR, TED PHILLIP, CHARLIE MARTIN,
MICHAEL MOHAPP, EXPERIENCE SPONSOR LLC, and KSL CAPITAL PARTNERS,
LLC, Case No. 2024-0161-SG (Del. Chancery Ct., Feb. 21, 2024).
The case type is stated as "Breach of Fiduciary Duties."
Eric L. Affeldt is a senior advisor to KSL Capital Partners. KSL
Capital Partners, LLC -- https://www.kslcapital.com/ -- operates as
a private equity firm. The Company invests in hospitality,
recreation, real estate, and travel service sectors.[BN]
The Plaintiff is represented by:
Michael J. Barry, Esq.
Kelly L. Tucker, Esq.
GRANT & EISENHOFER P.A.
123 S. Justison Street, 7th Floor
Wilmington, DE 19801
Phone: (302) 622-7000
Fax: (302) 622-7100
- and -
David Wissbroecker, Esq.
GRANT & EISENHOFER P.A.
2325 Third Street, Suite 329
San Francisco, CA 94107
Phone: (415) 229-9720
Fax: (415) 789-4367
ESH RESTAURANT: Paguay Suit Seeks to Certify Rule 23 Class
----------------------------------------------------------
In the class action lawsuit captioned as JOSE PAGUAY, on behalf of
himself, FLSA Collective Plaintiffs, and the Class, v. ESH
RESTAURANT GROUP LLC, RJJ RESTAURANT LLC d/b/a EMPIRE STEAK HOUSE
d/b/a EMPIRE BURGER HOUSE, RIJJ RESTAURANT LLC d/b/a EMPIRE STEAK
HOUSE, W 46 RESTAURANT LLC d/b/a CHAZZ PALMINTERI, RRUSTEM SINANAJ,
SHEFKET SINANAJ, and XHAFER SINANAJ, Case No. 1:23-cv-08434-JPO-KHP
(S.D.N.Y.), the Plaintiff asks the Court to enter an order granting
his motion for 23(b)(2) class certification, declaratory relief,
and notice to class.
A copy of the Plaintiff's motion dated Feb. 2, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=B7hCHp at no extra
charge.[CC]
The Plaintiff is represented by:
C.K. Lee, Esq.
LEE LITIGATION GROUP, PLLC
148 West 24th Street, 8th Floor
New York, NY 10011
Telephone: (212) 465-1188
Facsimile: (212) 465-1181
FEDERAL HOME: Trial of Ohio Public Securities Suit to Start Oct. 21
-------------------------------------------------------------------
Federal Home Loan Mortgage Corporation disclosed in its Form 10-K
Report for the annual period ending December 31, 2023 filed with
the Securities and Exchange Commission on February 14, 2024, that
the Ohio Public Employees Retirement System putative securities
class suit trial to start on October 21, 2024 at the U.S. District
Court for the Northern District of Ohio.
This putative securities class action lawsuit was filed against
Freddie Mac and certain former officers on January 18, 2008 in the
U.S. District Court for the Northern District of Ohio purportedly
on behalf of a class of purchasers of Freddie Mac stock from August
1, 2006 through November 20, 2007.
FHFA later intervened as Conservator, and the plaintiff amended its
complaint on several occasions.
The plaintiff alleged, among other things, that the defendants
violated federal securities laws by making false and misleading
statements concerning its business, risk management, and the
procedures it put into place to protect the company from problems
in the mortgage industry.
The plaintiff seeks unspecified damages and interest, and
reasonable costs and expenses, including attorney and expert fees.
In August 2018, the District Court denied the plaintiff's motion
for class certification.
On April 6, 2023, the Sixth Circuit reversed the District Court's
September 17, 2020 decision to grant the plaintiff's request for
summary judgment and enter final judgment in favor of Freddie Mac
and other defendants.
The Sixth Circuit remanded the case to the District Court for
further proceedings.
The District Court scheduled the trial to begin on October 21,
2024.
Federal Home Loan Mortgage Corporation is a federally chartered
corporation created by Congress with the mission of making
homeownership throughout the United States more affordable for
middle to low-income individuals.
FLAGSTAR BANK: Kuca Sues Over Unprotected Private Information
-------------------------------------------------------------
JACOB P. KUCA, individually and on behalf of all others similarly
situated, Plaintiff v. FLAGSTAR BANK, N.A., and PROGRESS SOFTWARE
CORPORATION, Defendants, Case No. 1:24-cv-10418 (D. Mass., February
21, 2024) arises out of the recent targeted cyberattack and data
breach where unauthorized third-party criminals retrieved and
exfiltrated the highly-sensitive consumer data of Plaintiff, and
nearly 800,000 Class members, via a security vulnerability in
Progress Software Corporation's software program, MOVEit, which
Flagstar uses for payment processing and mobile banking purposes.
According to the notice posted on Defendant Flagstar's website and
the notice letter sent to Plaintiff dated October 5, 2023, MOVEit
was subjected to a cybersecurity attack between May 27 and 31,
2023. Flagstar waited more than four months from the date of the
data breach, and more than two months from the date it learned of
the data breach and the highly sensitive nature of the private
information impacted, to publicly disclose the data breach and
notify affected individuals, says the suit.
Plaintiff Kuca further asserts claims negligence, breach of implied
contract, unjust enrichment, bailment, and breach of fiduciary
duty.
Headquartered in Michigan, Flagstar is a full-service bank. It
provides personal banking, online transaction, and debit and credit
card services. [BN]
The Plaintiff is represented by:
Steven B. Rotman, Esq.
HAUSFELD LLP
One Marina Park Drive, Suite 1410
Boston, MA 02210
Telephone: (617) 207-0600
Facsimile: (617) 830-8312
E-mail: srotman@hausfeld.com
FLYNN RESTAURANT: Green Sues Over Unlawful Biometric Collection
---------------------------------------------------------------
DUSTIN GREEN, Individually And On Behalf Of All Others, Plaintiff
v. FLYNN RESTAURANT GROUP, LP and BELL AMERICAN GROUP, Defendants,
Case No. 3:24-cv-483 (S.D. Ill., February 21, 2024) seeks to
redress and curtail Defendants' unlawful collection, use, storage,
and disclosure of Plaintiff's sensitive and proprietary biometric
data in violation of the Biometric Information Privacy Act.
The Defendants allegedly failed to comply with Section 15(b) of
BIPA by collecting and/or capturing the fingerprint of the
Plaintiff and other individuals without giving proper notice and
without obtaining proper authorization in violation of the BIPA.
Taco Bell Corp., a subsidiary of Yum! Brands, Inc., is the nation's
leading Mexican-inspired quick service restaurant brand. It owns
and operates Taco Bell franchises throughout Illinois. [BN]
The Plaintiff is represented by:
Charles Jason Brown, Esq.
Jayson A. Watkins, Esq.
BROWN & WATKINS LLC
301 S. US 169 Hwy
Gower, MO 64454
Telephone: (816) 424-1390
Facsimile: (816) 424-1337
E-mail: brown@brownandwatkins.com
watkins@brownandwatkins.com
FREMANTLE PRODUCTIONS: Faces Sarao Labor Code Suit in Cal. Super.
-----------------------------------------------------------------
WALLAINE SARAO, individually and on behalf of all others similarly
situated, Plaintiff v. FREMANTLE PRODUCTIONS NORTH AMERICA INC.,
ENTERTAINMENT PARTNERS ENTERPRISES, LLC, THE PRICE IS RIGHT
PRODUCTIONS, INC., and DOES 1 to 10, inclusive, Defendants, Case
No. 24STCV04362 (Cal. Super., Los Angeles Cty., February 21, 2024)
is a class action against the Defendants for violations of
California's Labor Code and California's Business and Professions
Code including failure to pay overtime wages, failure to pay for
all wages and minimum wages, failure to provide meal periods,
failure to provide rest periods, failure to timely furnish accurate
itemized wage statements, failure to timely pay wages during
employment, waiting time penalties, failure to reimburse business
expenses, failure to pay sick leave, and unfair business
practices.
The Plaintiff worked for the Defendants as a post-production
coordinator in Los Angeles, California from approximately July 26,
2023 until February 2, 2024.
Fremantle Productions North America Inc. is a television production
company doing business in California.
Entertainment Partners Enterprises, LLC is an entertainment
workforce management firm doing business in California.
The Price Is Right Productions, Inc. is a television game show
operator in California. [BN]
The Plaintiff is represented by:
Marcus Bradley, Esq.
Kiley Grombacher, Esq.
Lirit King, Esq.
BRADLEY/GROMBACHER, LLP
31365 Oak Crest Drive, Suite 240
Westlake Village, CA 91361
Telephone: (805) 270-7100
Facsimile: (805) 270-7589
E-mail: mbradley@bradleygrombacher.com
kgrombacher@bradleygrombacher.com
lking@bradleygrombacher.com
GEORGE LITTLE: Court Lifts Stay on Harris Suit
----------------------------------------------
In the class action lawsuit captioned as DAVID HARRIS, et. al., v.
SECRETARY GEORGE LITTLE, et. al., Case No. 2:22-cv-03715-JFL (E.D.
Pa.), the Hon. Judge Joseph F. Leeson, Jr. entered an order that:
1. The stay issued on August 1, 2023, is lifted.
2. This case is removed from the Prisoner Civil Rights Panel.
3. The Plaintiffs are advised that unless and until they retain
counsel at their own expense, they must represent themselves
in
the instant action.
4. No later than Feb. 23, 2024, the Plaintiffs, either pro se or
through counsel, shall file a reply to the Defendants'
Response
in Opposition to Plaintiffs' Motion for Class Certification.
A copy of the Court's order dated Feb. 1, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=S3G1Mu at no extra
charge.[CC]
GOLDCO DIRECT: Class Cert Bid Filing Extended to May 31
-------------------------------------------------------
In the class action lawsuit captioned as Jan Summerton, v. Goldco
Direct LLC, Case No. 3:23-cv-00238 (W.D. Wisc., Filed April 18,
2023), the Hon. Judge William M. Conley entered an order granting
the parties' joint motion to stay case pending their March 22, 2024
mediation session as follows:
-- The deadline to file a class certification May 31, 2024
motion is extended to:
-- The parties are free to re-set the expert disclosure deadlines
(the first of which passed before the parties filed their stay
motion) and the discovery cutoff as they see fit.
The nature of suit states Restrictions of Use of Telephone
Equipment.
Goldco is a precious metals company.[CC]
GRAFTECH INT'L: Continues to Defend Stockholder Class Suit in Ohio
------------------------------------------------------------------
Graftech International Ltd. disclosed in its Form 10-K Report for
the annual period ending December 31, 2023 filed with the
Securities and Exchange Commission on February 14, 2024, that the
Company continues to defend itself from a stockholder class suit in
the United States District Court of the Northern District of Ohio.
On January 25, 2024, a stockholder of the Company filed a class
action complaint on behalf of all purchasers of GrafTech common
stock between February 8, 2019 and August 3, 2023 in the United
States District Court of the Northern District of Ohio.
The complaint names the Company, certain past and present executive
officers, and two entities associated with Brookfield as
defendants.
The complaint alleges that certain public filings and statements
made by the Company contained material misrepresentations or
omissions relating to the circumstances before and after the prior
temporary suspension of the Company's graphite electrode facility
located in Monterrey, Mexico, in September 2022.
The plaintiff seeks compensatory damages, which are unquantified at
this time, costs and expenses, and unspecified equitable or
injunctive relief.
The Company believes it has valid defenses to these claims and
intends to vigorously defend them.
GrafTech International Ltd. is a manufacturer of graphite
electrodes and petroleum coke, which are essential for the
production of electric arc furnace steel and other metals.[BN]
GRUMA CORPORATION: Zamora Suit Removed to N.D. California
---------------------------------------------------------
The case captioned as Yesica Becerra Zamora, as an aggrieved
employee, and on behalf of all other aggrieved employees under the
Labor Code Private Attorneys' General Act of 2004 v. GRUMA
CORPORATION, a Nevada corporation; ESTEPHANIE PERALES, an
individual; and DOES 1 through 100, inclusive, Case No. 24CV060783
was removed from the Superior Court of the State of California for
the County of Alameda, to the U.S. District Court for the Northern
District of California on Feb. 22, 2024, and assigned Case No.
3:24-cv-01076.
The Plaintiff seeks a remedy for her individual1 statutory
penalties pursuant to the California Labor Code Private Attorneys'
General Act ("PAGA") for 25 separate Labor Code violations, as well
as penalties for alleged violations of the Industrial Welfare
Commission wage orders, and penalties under Labor Code. Plaintiff
also seeks attorneys' fees and costs.[BN]
The Defendants are represented by:
Dan M. Forman, Esq.
Wanja S. Guy, Esq.
CDF LABOR LAW LLP
707 Wilshire Boulevard, Suite 5150
Los Angeles, CA 90017
Phone: (213) 612-6300
Email: dforman@cdflaborlaw.com
wguy@cdflaborlaw.com
HAWAIIAN ELECTRIC: Captain Jacks Suit Removed to D. Hawaii
----------------------------------------------------------
The case captioned as Captain Jacks LLC dba Captain Jacks Island
Grill, et al. v. Hawaiian Electric Industries, Inc., et al., Case
No. 23-CV-033070 was removed from the Circuit Court of the Second
Circuit, State of Hawaii, to the U.S. District Court for the
District of Hawaii on Feb. 21, 2024, and assigned Case No.
1:24-cv-00081-JAO-BMK.
The Plaintiffs Captain Jacks LLC, dba Captain Jacks Island Grill,
Cool Cat Cafe dba Cool Cat Cafe, Sean Corpuel, Individually, Tami
Corpuel, aka Tami Armstrong, Individually, and Honu Oceanside LLC
dba Honu Oceanside seek to hold a variety of parties, including the
Hawaiian Electric Defendants, liable for damages allegedly caused
by the August 8, 2023 fire in Lahaina (the "Lahaina Fire").[BN]
The Defendants are represented by:
Joachim P. Cox, Esq.
Randall C. Whattoff, Esq.
COX FRICKE LLP
A LIMITED LIABILITY LAW PARTNERSHIP LLP
800 Bethel Street, Suite 600
Honolulu, HI 96813
Phone: (808) 585-9440
Facsimile: (808) 275-3276
Email: jcox@cfhawaii.com
rwhattoff@cfhawaii.com
- and -
Brad D. Brian, Esq.
Nicholas D. Fram, Esq.
MUNGER, TOLLES & OLSON LLP
350 South Grand Avenue 50th Floor
Los Angeles, CA 90071
Phone: (213) 683-9100
Facsimile: (213) 687-3702
Email: brad.brian@mto.com
nicholas.fram@mto.com
HCA HEALTHCARE: Rum Suit Seeks to Certify Class Action
------------------------------------------------------
In the class action lawsuit captioned as Jacqui Rum v. HCA
Healthcare, Inc. et al., Case No. 2:23-cv-05142-JFW-BFM (C.D.
Cal.), the Hon. Judge John F. Walter entered an order granting the
Plaintiff's motion to certify class action.
On Oct. 26, 2023, the Plaintiff Rum filed a motion to certify class
action.
On Nov. 6, 2023, the Defendants filed their Opposition. On Nov. 13,
2023, the Plaintiff filed a Reply. On Nov. 21, 2023, the Court
ordered Defendants to file a Supplemental Brief addressing the new
arguments and evidence filed in connection with Plaintiff's Reply.
On Aug. 30, 2021, the Plaintiff was hired as an RN in the StaRN
Program and assigned to work at the LRRMC facility in the
Medical-Surgical Unit.
A copy of the Court's order dated Feb. 1, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=jdD66O at no extra
charge.[CC]
HOMESERVICES OF AMERICA: Batton Suit Dismissed w/o Prejudice
------------------------------------------------------------
Berkshire Hathaway Energy Co. disclosed in its Form 10-K Report for
the fiscal period ending December 31, 2023 filed with the
Securities and Exchange Commission, that the U.S. District Court
for the Northern District of Illinois dismissed the Batton class
suit of its subsidiary, HomeServices of America Inc., without
prejudice.
In January 2021, the Batton (formerly Leeder) v. HomeServices of
America, Inc. et al., Case No. 21CV00430, complaint was filed in
the U.S. District Court for the Northern District of Illinois.
This putative class action lawsuit was originally brought on behalf
of former named plaintiff Judah Leeder against the NAR,
HomeServices of America, Inc. HSF Affiliates, LLC, BHH Affiliates,
LLC, Long & Foster Companies, Inc. (also a HomeServices
subsidiary), Anywhere Real Estate (formerly Realogy Holdings
Corp.), RE/MAX, LLC and Keller Williams Realty, Inc. Mya Batton
replaced Leeder as class representative in July 2022.
This case has been brought on behalf of a putative class of real
estate buyers; all other referenced cases have been brought on
behalf of real estate sellers.
On February 20, 2024, the court entered an order dismissing
HomeServices of America, Inc., HSF Affiliates, LLC, BHH Affiliates,
LLC and Long & Foster Companies, Inc. from the case without
prejudice.
HomeServices of America, Inc. provides real estate services. The
Company offers brokerage, mortgage, franchising, title, insurance,
and escrow services. HomeServices of America serves clients in the
United States. [BN]
ILLINOIS: Cross Seeks Leave to File Amended Class Reply
-------------------------------------------------------
In the class action lawsuit captioned as ALAN CROSS, individually
and on behalf of all those similarly situated, v. BRENDAN KELLY, in
his official capacity as Director of the Illinois State Police,
Case No. 3:23-cv-03165-CRL-KLM (C.D. Ill.), the Plaintiff asks the
Court to enter an order granting him leave to file instanter the
amended reply brief in support of his motion for class
certification.
The Plaintiff states as follows:
1. Plaintiff challenges the constitutionality of 730 ILCS
150/2(E-
10), a section of the Illinois Sex Offender Registration Act
("SORA") that automatically labels individuals required to
register as sex offenders in any other state as "sexual
predators" when they register in Illinois.
2. The Plaintiff filed a motion for class certification pursuant
to
Fed. R. Civ. P. 23(b)(2) on August 31, 2023.
3. The Defendant filed a response on Nov. 13, 2023, and
Plaintiff
replied on Dec. 28, 2023.
4. On Jan. 29, 2023, the Defendant filed an amended response
brief.
A copy of the Plaintiff's motion dated Feb. 1, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=PdZL5m at no extra
charge.[CC]
The Plaintiff is represented by:
Adele D. Nicholas, Esq.
LAW OFFICE OF ADELE D. NICHOLAS
5707 W. Goodman Street
Chicago, IL 60630
Telephone: (847) 361-3869
E-mail: adele@civilrightschicago.com
ILLUMINA INC: Wang Sues Over Continuous Decline of Stock Price
--------------------------------------------------------------
ELAINE WANG, derivatively on behalf of Nominal Defendant ILLUMINA,
INC., Plaintiff v. FRANCIS A. DESOUZA, SAM A. SAMAD, JAY FLATLEY,
JOYDEEP GOSWAMI, JACOB THAYSEN, JOHN THOMPSON, STEPHEN P.
MACMILLAN, FRANCES ARNOLD, CAROLINE DORSA, ROBERT S. EPSTEIN, SCOTT
GOTTLIEB, GARY S. GUTHART, PHILIP SCHILLER, SUE SIEGEL, ANDREW
TENO, and SCOTT B. ULLEME, Defendants, Case No. 1:24-cv-00232-UNA
(D. Del., February 21, 2024) is a class action against the
Defendants for Section 10(b) of the Exchange Act, breach of
fiduciary duty, aiding and abetting breach of fiduciary duty,
unjust enrichment, and waste of corporate assets.
According to the complaint, the Defendants made materially false
and misleading statements regarding Illumina's business,
operations, and prospects in order to trade Illumina securities at
artificially inflated prices between September 21, 2020 and
November 9, 2023. Specifically, the Defendants failed to disclose
to investors that: (i) certain Illumina insiders had personal
financial motives for acquiring GRAIL, Inc., a company formed to
develop a blood test for early-stage cancer detection test; (ii)
acquiring GRAIL was not in the best interests of the Company; and
(iii) as a result of the foregoing, the Defendants' positive
statements about the Company's business, operations, and prospects,
specifically related to its acquisition of GRAIL, were materially
misleading and/or lacked a reasonable basis.
When the truth emerged, Illumina's stock price fell 2.5 percent, or
$4.64 per share, to close at $180.48 per share on August 11, 2023.
The stock price continuously fell $7.42 per share, or approximately
5.6 percent, to close at $124.45 per share on October 18, 2023 and
$8.61 per share, or approximately 8 percent, to close at $98.37 per
share on November 10, 2023. As a result of the Defendants'
misleading statements and omissions, the Plaintiff and similarly
situated stockholders suffered damages, the suit alleges.
Illumina, Inc. is an American biotechnology company, with its
principal executive offices located in San Diego, California. [BN]
The Plaintiff is represented by:
Seth D. Rigrodsky, Esq.
Gina M. Serra, Esq.
Herbert W. Mondros, Esq.
RIGRODSKY LAW, P.A.
300 Delaware Avenue, Suite 210
Wilmington, DE 19801
Telephone: (302) 295-5310
Facsimile: (302) 654-7530
E-mail: sdr@rl-legal.com
gms@rl-legal.com
hwm@rl-legal.com
- and -
Gloria Melwani, Esq.
MELWANI & CHAN LLP
1180 Avenue of the Americas, 8th Floor
New York, NY 10036
Telephone: (212) 382-4620
INNODATA INC: D'Agostino Sues Over Misleading Statements
--------------------------------------------------------
DAVID D'AGOSTINO, individually and on behalf of all others
similarly situated, Plaintiff v. INNODATA INC., JACK ABUHOFF, MARK
SPELKER, and MARISSA ESPINELI, Defendants, Case No. 2:24-cv-00971
(D.N.J., February 21, 2024), accuses the Defendant of violating
Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and
Rule 10b-5.
This securities fraud class action is brought on behalf of all
those who purchased, or otherwise acquired, Innodata common stock
during the period from May 9, 2019 through February 14, 2024,
inclusive. Throughout this period, the Defendants made false and/or
misleading statements, as well as failed to disclose material
facts, including that Innodata did not have a viable AI technology
and its Goldengate AI platform is a rudimentary software developed
by just a handful of employee. In addition, the Defendants also
failed to disclose that Innodata was not going to utilize AI to any
significant degree for new Silicon Valley contracts and that it was
not effectively investing in research and development for AI, says
the suit.
Headquartered in Ridgefield Park, NJ, Innodata is a global data
engineering company that purports to be "delivering the promise of
AI to many of the world's most prestigious companies." The company
states that it provides AI-enabled software platforms and managed
services for AI data collection/annotation, AI digital
transformation, and industry-specific business processes. The
company's stock trades on the Nasdaq under the ticker symbol
"INOD."
The Plaintiff is represented by:
Donald A. Ecklund, Esq.
Kevin G. Cooper, Esq.
CARELLA BYRNE CECCHI BRODY & AGNELLO, P.C.
5 Becker Farm Road
Roseland, NJ 07068
Telephone: (973) 994-1700
E-mail: DEcklund@carellabyrne.com
KCooper@carellabyrne.com
- and -
Jeffrey C. Block, Esq.
Jacob A. Walker, Esq.
Sarah E. Delaney, Esq.
BLOCK & LEVITON LLP
260 Franklin Street, Suite 1860
Boston, MA 02110
Telephone: (617) 398-5600
E-mail: jeff@blockleviton.com
jake@blockleviton.com
sarah@blockleviton.com
IRBSEARCH LLC: Foley Files FCRA Suit in S.D. New York
-----------------------------------------------------
A class action lawsuit has been filed against IRBsearch, LLC. The
case is styled as Kathleen Foley, individually and on behalf of all
others similarly situated v. IRBsearch, LLC, Case No.
1:24-cv-01303-KPF (S.D.N.Y., Feb. 21, 2024).
The lawsuit is brought over alleged violation of the Fair Credit
Reporting Act.
IRBsearch LLC -- https://www.irbsearch.com/ -- offers online
product investigation services. The Company provides investigative
tools to uncover criminal histories, locate neighbors and
relatives, obtain information on business associations, and track
down motor vehicles.[BN]
The Plaintiffs are represented by:
Brian Lewis Bromberg, Esq.
BROMBERG LAW OFFICE, P.C.
352 Rutland Road #1
Brooklyn, NY 11225
Phone: (212) 248-7906
Fax: (212) 248-7908
Email: brian@bromberglawoffice.com
KAI LLC: Liz Files ADA Suit in S.D. New York
--------------------------------------------
A class action lawsuit has been filed against Kai, LLC. The case is
styled as Pedro Liz, on behalf of himself and all others similarly
situated v. Kai, LLC, Case No. 1:24-cv-01294 (S.D.N.Y., Feb. 21,
2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Kai LLC is an investment manager based in New York City.[BN]
The Plaintiff is represented by:
Gabriel Levy, Esq.
GABRIEL A. LEVY, P.C.
1129 Northern Blvd., Suite 404
Manhasset, NY 11030
Phone: (516) 287-3458
Email: glevy@glpcfirm.com
KANSAS CITY LIFE: McMillan Allowed to Seal Certain Documents
------------------------------------------------------------
In the class action lawsuit captioned as Larry A. McMillan,
individually and on behalf of all others similarly situated, v.
Kansas City Life Insurance Company, Case No. 1:22-cv-01100-BAH (D.
Md.), the Hon. Judge Brendan A. Hurson entered an order granting
the Plaintiff's motion to seal:
The Plaintiff may file the following materials under seal:
(1) Plaintiff' Memorandum in Support of Class Certification;
(2) Declaration and Report of Scott J. Witt in Support of Class
Certification; and
(3) Exhibits 3, 5-8, 13-14, 16-28, 30 and 38 to the Declaration
of
Scott J. Witt.
Kansas City Life underwrites, sells, and administers a range of
life insurance and annuity products.
A copy of the Court's order dated Feb. 1, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=hMKTGw at no extra
charge.[CC]
KEENAN AND ASSOCIATES: Culberson Files Suit in C.D. California
--------------------------------------------------------------
A class action lawsuit has been filed against Keenan and
Associates. The case is styled as Claudia Culberson, on behalf of
herself and all others who are similarly situated v. Keenan and
Associates, Case No. 2:24-cv-01437-AB-PD (C.D. Cal., Feb. 21,
2024).
The nature of suit is stated as Other Fraud.
Keenan & Associates -- https://www.keenan.com/ -- is a privately
held insurance consulting and brokerage firm that was founded in
1972 by John Keenan.[BN]
The Plaintiffs are represented by:
Arturo Jose Pena Miranda, Esq.
STERLINGTON PLLC
1 World Trade Cente 85th Floor
New York, NY 10007
Phone: (407) 259-0234
Email: arturo.pena@sterlingtonlaw.com
LEAP SERVICES: Mohammed Suit Removed to S.D. New York
-----------------------------------------------------
The case captioned as Ira Mohammed, on behalf of herself,
individually, and on behalf of all others similarly-situated v.
LEAP SERVICES, INC., Case No. 150564/2024 was removed from the
Supreme Court of the State of New York, County of New York, to the
U.S. District Court for the Southern District of New York on Feb.
21, 2024, and assigned Case No. 7:24-cv-01318.
The Plaintiff seeks damages allegedly arising from the employment
relationship between Plaintiff and Defendant. Plaintiff alleges
that Defendant violated her rights under New York Labor Law
(collectively, "NYLL"), and that Defendant violated the overtime
requirements of the Fair Labor Standards Act ("FLSA").[BN]
The Defendants are represented by:
Simone Park, Esq.
ICE MILLER LLP
1500 Broadway, Suite 2900
New York, NY 10036
Phone: (212) 835-6302
Email: Simone.Park@icemiller.com
- and -
Paul L. Bittner, Esq.
ICE MILLER LLP
250 West Street, Suite 700
Columbus, OH 43215
Phone: (614) 462-2700
Email: Paul.Bittner@icemiller.com
LEGACY HEALTH: Class Cert Discovery in Hunter Modified to Sept. 24
------------------------------------------------------------------
In the class action lawsuit captioned as JULIANNE HUNTER,
individually and on behalf of all others similarly situated, v.
LEGACY HEALTH, LEGACY EMANUEL MEDICAL CENTER, LEGACY EMANUEL
HOSPITAL & HEALTH CENTER, LEGACY HEALTH PARTNERS, LLC, RANDALL
CHILDREN'S HOSPITAL AT LEGACY EMANUEL, Case No. 3:18-cv-02219-AR
(D. Or.), the Hon. Judge Jeff Armistead entered an order granting
joint motion to modify
scheduling order:
1. Discovery related to certification of a Sept. 24, 2024
class action and decertification of any
conditionally certified Fair Labor
Standards Act (FLSA) collective action
due by:
2. The Plaintiff's Motion for Class Nov. 12, 2024
Certification, and Defendants' Motion
For Decertification of FLSA Collective
Action are to be filed on or before:
Legacy Health is a non-profit hospital system located in Portland.
It consists of six primary-care hospitals, a children's hospital,
and allied clinics and outpatient facilities.
A copy of the Court's order dated Feb. 1, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=ytxtFL at no extra
charge.[CC]
The Plaintiff is represented by:
Dana L. Sullivan, Esq.
BUCHANAN ANGELI
ALTSCHUL & SULLIVAN LLP
921 SW Washington Street, Suite 516
Portland, OR 97205
Telephone: (503) 974-5023
Facsimile: (971) 230-0337
E-mail: dana@baaslaw.com
- and -
Carolyn H. Cottrell, Esq.
David C. Leimbach, Esq.
Robert E. Morelli, III, Esq.
SCHNEIDER WALLACE
COTTRELL KONECKY LLP
2000 Powell Street, Suite 1400
Emeryville, CA 94608
Telephone: (415) 421-7100
Facsimile: (415) 421-7105
E-mail: ccottrell@schneiderwallace.com
dleimbach@schneiderwallace.com
rmorelli@schneiderwallace.com
LEGACY SAFETY & CONSULTING: Jordan Files FLSA Suit in D. New Mexico
-------------------------------------------------------------------
A class action lawsuit has been filed against Legacy Safety &
Consulting, LLC. The case is styled as Kalen Jordan, individually
and on behalf of all others similarly situated v. Legacy Safety &
Consulting, LLC, Case No. 2:24-cv-00177-DLM-KRS (D.N.M., Feb. 22,
2024).
The lawsuit is brought over alleged violation of the Fair Labor
Standards Act.
Legacy Safety & Consulting -- https://legacysafety.info/ --
provides innovative safety solutions throughout the US.[BN]
The Plaintiff is represented by:
Melinda Arbuckle, Esq.
Ricardo J. Prieto, Esq.
WAGE AND HOUR FIRM
5050 Quorum Drive, Ste. 700
Dallas, TX 75254
Phone: (214) 489-7653
Fax: (469) 319-0317
Email: marbuckle@wageandhourfirm.com
rprieto@wageandhourfirm.com
LEHIGH VALLEY: May Face 2nd Child Abuse Class Action Lawsuit
------------------------------------------------------------
Olivia Marble at lehighvalleynews.com reports that Lehigh Valley
Health Network may soon face a second class action lawsuit related
to child abuse accusations.
Francis Malofiy of law firm Francis Alexander filed a second writ
of summons for a class action suit against the health network and
related actors, with seven families listed as plaintiffs.
A writ of summons is a way to initiate legal action without filing
an official complaint. It does not include specific allegations
against the defendants, but indicates a complaint is on the way.
Malofiy said the new lawsuit will be similar to another class
action suit filed. That complaint alleges 12 families were falsely
accused of child abuse.
"One thing that's very encouraging when people stand together is
other people feel that they're not alone, and they come forward,"
Malifoy said.
Malofiy said he may or may not decide to combine the two lawsuits
into one legal action.
The writ is the latest development in a months-long controversy. In
late August, Lehigh County Controller Mark Pinsley released a
report that alleges "systemic overdiagnosis" of medical and other
types of child abuse in the county.
Mass Tort Lawsuit
A group called Greater Lehigh Valley Parents' Medical Rights Group
has since protested and called for changes in the local child
welfare system.
Dr. Debra Esernio-Jenssen, who has been a central figure in the
controversy, and LVHN's John Van Brakle Child Advocacy Center, or
CAC, are defendants in both cases.
LVHN Media Relations Director Brian Downs said previously that the
health network does not comment on ongoing litigation, but emailed
a statement saying the health network is responsible for reviewing
and reporting suspicions of child abuse and neglect.
"Like all healthcare providers and caregivers in Pennsylvania, we
are required by law to report suspected child abuse and we take
this responsibility seriously," the statement read.
"Early recognition of abuse can be lifesaving and our clinicians
remain committed to caring for and protecting our patients."
Downs did not immediately respond to a request for an updated
comment.
Malofiy said that while the lawsuits can colloquially be understood
as class action, they are more accurately described as "mass tort"
lawsuits.
In both mass tort and class action lawsuits, a group of people with
the same or similar allegations come together to serve one suit
against a common defendant.
Plaintiffs in mass tort suits each still are treated as individuals
and each present their cases. In class action suits, the group is
represented by one case.
‘It's about accountability'
In an interview, Malofiy said he and the plaintiffs decided to
group the cases together because there's "power in numbers," and it
is difficult for parents to talk about being accused of abuse.
"It's a very harsh criticism for someone to condemn you as a child
abuser," he said. "And it's very hard to stand and tell your story
unless there's others that are also there."
Malofiy did not specify what amount of damages he would seek.
"It's not about the money," he said. "It's about accountability…
but corporations do not learn from their mistakes unless they have
to pay for them. And that's the unfortunate truth.
"Lehigh Valley [Health Network] will have to pay for this mistake.
Because too many parents had to pay with their reputation, pay with
negligent treatment of their children, pay with medical malpractice
that occurred at the hands of these doctors."
In November, a jury in Florida ordered Johns Hopkins All Children's
Hospital to pay $261 million in damages to a family who said they
were falsely accused of abuse.
Malofiy said he hopes the lawsuits would be settled before going to
jury trial. [GN]
LENS.COM INC: Martin Sues Over Unlawful Processing Fees
-------------------------------------------------------
RICKEY MARTIN, on behalf of himself and others similarly-situated,
Plaintiff v. LENS.COM, INC., Defendant, Case No. CACE-24-002448
(Fla. Cir., 17th Judicial, Broward Cty., February 21, 2024) arises
from the Defendant's unfair and deceptive practice in violation of
the Florida Deceptive and Unfair Trade Practices Act and asserts
claims for breach of contract and unjust enrichment.
The Plaintiff was mislead into paying the charge labeled "Taxes &
Fees" for all his transactions with the Defendant. In reality,
those charges were entirely "Processing fees." The existence of
these fees is only disclosed to Plaintiff and consumers after the
completion of the transaction, when Defendant emails a "Full
Receipt," says the suit.
Headquartered in Las Vegas, NV, Lens.corn, Inc. sells corrective
contact lenses online through its website. [BN]
The Plaintiff is represented by:
J. Matthew Stephens, Esq.
METHVIN, TERRELL, YANCEY, STEPHENS & MILLER, P.C.
2201 Arlington Avenue South
Birmingham, AL 35205
Telephone: (205) 939-0199
Facsimile: (205) 939-0399
E-mail: mstephens@mtattomeys.com
- and -
Matthew Herman, Esq.
MEYERS & FLOWERS, LLC
3 N. 2nd Street, Suite 300
St. Charles, IL 60174
E-mail: mh@meyers-flowers.com
Telephone: (630) 232-6333
Facsimile: (630) 845-8982
LOANCARE LLC: Manar Sues Over Alleged Private Data Breach
---------------------------------------------------------
APRIL MANAR, individually and on behalf of all others similarly
situated, Plaintiff v. LOANCARE, LLC and FIDELITY NATIONAL
FINANCIAL, INC., Defendants, Case No. 5:24-cv-06026-JAM (W.D. Mo.,
February 21, 2024) arises from Defendants' failure to secure and
safeguard the personally identifiable information (PII) of their
customers.
According to a data breach notice sent by LoanCare, LLC, an
unauthorized party accessed one of Fidelity National Financial,
Inc.'s Transfer servers from prior to November 19, 2023, exploiting
a glaring vulnerability in the software and downloading highly
sensitive PII of approximately 1.3 million of Defendants' customers
stored on its servers including first and last names, addresses,
Social Security numbers, and loan numbers. However, the breach
notice failed to provide any details regarding how the data breach
happened, what Defendants did in response to the ransom demand, or
how Defendants' actions have remediated the root cause of the data
breach, says the suit.
Headquartered in Virginia Beach, VA, LoanCare, LLC is a loan
servicing company, serving as sub-servicer of residential mortgage
loans on behalf of other companies that own the servicing rights.
[BN]
The Plaintiff is represented by:
Maureen M. Brady, Esq.
Lucy McShane, Esq.
MCSHANE & BRADY, LLC
1656 Washington Street, Suite 120
Kansas City, MO 64108
Telephone: (816) 888-8010
Facsimile: (816) 332-6295
E-mail: mbrady@mcshanebradylaw.com
lmcshane@mcshanebradylaw.com
LOANDEPOT INC: Fails to Prevent Data Breach, Joy Suit Alleges
-------------------------------------------------------------
ALWIN JOY, individually and on behalf of all others similarly
situated, Plaintiff v. LOANDEPOT, INC., Defendant, Case No.
8:24-cv-00239(C.D. Cal., Feb. 5, 2024) is a class action arising
out of the recent targeted ransomware attack and data breach on the
Defendant's network that resulted in unauthorized access to the
highly sensitive data of roughly 16.6 million individual.
The Plaintiff alleges in the complaint that as a result of the Data
Breach, Class Members suffered ascertainable losses in the form of
the benefit of their bargain, out-of-pocket expenses, and the value
of their time reasonably incurred to remedy or mitigate the effects
of the attack, emotional distress, and the present risk of imminent
harm caused by the compromise of their sensitive personal
information.
The Plaintiff's and Class Members' identities are now at risk
because of Defendant's negligent conduct because the PII that
Defendant collected and maintained is now in the hands of malicious
cybercriminals. The risks to Plaintiff and Class Members will
remain for their respective lifetimes.
LOANDEPOT, INC. provides mortgage and non-mortgage loan products.
The Company offers a broad suite of consumer credit products to
customers, ranging from home loans to unsecured personal loans.
loanDepot serves clients throughout the United States. [BN]
The Plaintiff is represented by:
Scott Edelsberg, Esq.
EDELSBERGLAW, P.A.
1925 Century Park E #1700
Los Angeles, CA 90067
Telephone: (305) 975-3320
Email: rtellis@baronbudd.com
- and -
Andrew J. Shamis, Esq.
SHAMIS & GENTILE, P.A.
14 NE 1st Avenue, Suite 400
Miami, FL 33132
Telephone: (305) 479-2299
Email: ashamis@shamisgentile.com
- and -
Jeff Ostrow, Esq.
KOPELOWITZ OSTROW FERGUSON WEISELBERG GILBERT
1 West Las Olas Blvd., Suite 500
Fort Lauderdale, FL 33301
Telephone: (954) 525-4100
Email: ostrow@kolawyers.com
LOS ANGELES COUNTY MEDICAL: Miller Files Suit in Cal. Super. Ct.
----------------------------------------------------------------
A class action lawsuit has been filed against Los Angeles County
Medical Examiner. The case is styled as Pearlie Kate Miller, Jr.,
on behalf of herself those similarly situated and the general
public v. Los Angeles County Medical Examiner, Case No. 24STCV04339
(Cal. Super. Ct., Los Angeles Cty., Feb. 21, 2024).
The case type is stated as "Intentional Infliction of Emotional
Distress (General Jurisdiction)."
The Los Angeles County Department of Medical Examiner was created
in its present form on December 17, 1920 by an ordinance approved
by the Los Angeles County Board of Supervisors, although it has
existed in some form since the appointment of the first county
coroner in 1850.[BN]
LURIE CHILDREN'S: Faces Class Action Over Unprotected Private Info
------------------------------------------------------------------
Cook County Record reports that Lurie Children's Hospital of
Chicago is facing a class action lawsuit for allegedly failing to
protect the private information of its patients during a
cyberattack that began on Jan. 31, exposing them to alleged
identity theft, fraudulent credit card charges and difficulties in
communicating with health care providers.
The lawsuit was filed Feb. 16 in Cook County Circuit Court by a
named plaintiff identified only as Jane Doe, along with her child,
who was a Lurie's patient.
The complaint accuses the hospital of not adequately safeguarding
patient's personal identifying information and health information,
leading to unauthorized access and potential misuse of the
sensitive data.
The ransomware attack resulted in the crippling of many of Lurie's
systems for weeks, including its email, phone and online chart
systems. According to published reports, the attack had far
reaching effects, as Lurie serves as a hub for pediatric care for
hundreds of thousands of patients.
The lawsuit alleges that a week before Lurie publicly announced the
attack, she was allegedly the victim of identity theft, suffering
fraudulent purchases on her credit cards. She further alleges the
long-running attack hampered her ability to interact with the
doctors and care givers for her child, who has disabilities,
according to the complaint.
The lawsuit levels counts of negligence, invasion of privacy and
breach of fiduciary duty against Lurie, along with accusing the
hospital of violations of Illinois' consumer fraud law.
The lawsuit seeks unspecified damages, including punitive damages
and attorney fees. The complaint notes Lurie has treated hundreds
of thousands of patients and employs thousands of workers, all of
whom could have been impacted by the data breach, according to the
complaint.
The plaintiffs are represented by attorney Samuel J. Strauss from
Turke & Strauss LLP, of Chicago. [GN]
MAGGIE LYON INC: Senior Files ADA Suit in S.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against Maggie Lyon, Inc. The
case is styled as Frank Senior, on behalf of himself and all other
persons similarly situated v. Maggie Lyon, Inc., Case No.
1:24-cv-01324-LGS (S.D.N.Y., Feb. 21, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Maggie Lyon Chocolatiers -- https://www.maggielyon.com/ -- is a
family-owned business that has been crafting delicious gourmet
chocolate confections for over 40 years.[BN]
The Plaintiff is represented by:
Jeffrey Michael Gottlieb, Esq.
Michael A. LaBollita, Esq.
GOTTLIEB & ASSOCIATES
150 E. 18 St., Suite PHR
New York, NY 10003
Phone: (212) 228-9795
Email: michael@gottlieb.legal
nyjg@aol.com
MARIA LA PIZZA: Fails to Pay Proper Wages, Diaz Alleges
-------------------------------------------------------
ANTONIO DIAZ, individually and on behalf of all others similarly
situated, Plaintiff v. MARIA LA PIZZA INC (DBA LA PIZZA); and
YOUSSEF MICKEAL, Defendants, Case 2:24-cv-00928 (D.N.J., Feb. 19,
2024) seeks to recover from the Defendants unpaid wages and
overtime compensation, interest, liquidated damages, attorneys'
fees, and costs under the Fair Labor Standards Act.
Plaintiff Diaz was employed by the Defendants as a cook.
MARIA LA PIZZA INC (DBA LA PIZZA) operates a pizza restaurant in
Harrison, New Jersey. [BN]
The Plaintiff is represented by:
Lina Stillman, Esq.
STILLMAN LEGAL, P.C.
42 Broadway, 12t Floor
New York, NY 10004
Telephone: (212) 203-2417
Email: www.stillmanlegalpc.com
MATT SMITH: Court Directs Discovery Plan Filing in Lee Class Suit
-----------------------------------------------------------------
In the class action lawsuit captioned as Lee v. Smith, et al., Case
No. 1:23-cv-01411-JES-JEH (C.D. Ill.), the Hon. Judge Jonathan E.
Hawley entered a standing order as follows:
-- Rule 16 scheduling conference
The Court will set a Rule 16 scheduling conference
approximately
30 days after the answer or other responsive pleading is
filed.
The conference will generally be conducted by telephone.
-- Discovery plan
The discovery plan shall be filed with the Court at least
three
calendar days before the Rule 16 scheduling conference.
-- Waiver of the Rule 16 scheduling conference
If the parties agree on all matters contained in the
discovery
plan, then the parties may waive the Rule 16 scheduling
conference. To do so, the parties shall indicate in the
discovery that the parties agree upon all maters contained
within the discovery plan, and they request that the Rule 16
scheduling conference be cancelled.
-- Failure of counsel to attend a scheduled telephone hearing
For the convenience of counsel, the Court conducts most
hearings
by telephone when possible. Counsel's failure to appear for a
telephone hearing will be treated as a failure of counsel to
appear for an in-person hearing.
-- Discovery disputes brought to the Court's attention after the
discovery deadline has already passed
The parties may not raise a discovery dispute with the Court
after the relevant discovery deadline has passed; all
discovery
disputes must be brought to the Court's attention before the
relevant discovery deadline passes. Any discovery disputes
raised with the Court after the expiration of the relevant
discovery deadline shall be deemed waived by the Court, even
if
the parties agreed to conduct discovery after the relevant
discovery deadline has passed. If the parties agree to
conduct
discovery after the expiration of a deadline set by the
Court,
they must still file a motion requesting that the Court move
that deadline as agreed by the parties in order to avoid any
subsequent discovery disputes being deemed waived.
-- Settlement conferences and mediation
The parties are encouraged to seek a settlement conference or
mediation with a magistrate judge. Where parties request a
settlement conference or mediation in a case referred to
Judge
Hawley, Judge Hawley will conduct said conference or
mediation.
A copy of the Court's standing order dated Feb. 2, 2024 is
available from PacerMonitor.com at https://urlcurt.com/u?l=gOh2Bt
at no extra charge.[CC]
MEDICA CENTRAL: Prosser TCPA Suit Removed to E.D. Missouri
----------------------------------------------------------
The case styled as Christopher Prosser, individually and on behalf
of all others similarly situated v. Medica Central Insurance
Company, John and Jane Does (1-18), Case No. 24JE-CC00072 was
removed from the Jefferson County Circuit Court, to the U.S.
District Court for the Eastern District of Missouri on Feb. 22,
2024.
The District Court Clerk assigned Case No. 4:24-cv-00276-JSD to the
proceeding.
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Medica -- https://www.medica.com/ -- offers individual and family,
employer-provided, Medicaid, and Medicare health insurance
plans.[BN]
The Plaintiff is represented by:
Edwin V. Butler, II, Esq.
BUTLER LAW GROUP LLC
1650 Des Peres Road, Suite 220
Des Peres, MO 63131
Phone: (314) 504-0001
Email: edbutler@butlerlawstl.com
The Defendant is represented by:
Mary Ann L. Wymore, Esq.
Kevin F. Hormuth, Esq.
UB GREENSFELDER LLP - St. Louis
10 S. Broadway Street, Suite 2000
St. Louis, MO 63102
Phone: (314) 516-2662
Fax: (314) 345-5488
Email: MWymore@UBGLaw.com
khormuth@ubglaw.com
MERCER COUNTY, PA: Class Cert Discovery Due April 29
----------------------------------------------------
In the class action lawsuit captioned as CAMPBELL, et al., v. THE
COUNTY OF MERCER, et al., Case No. 2:23-cv-00099 (W.D. Pa., Filed
Jan. 19, 2023), the Hon. Judge Cathy Bissoon entered an order
amending the scheduling order as follows:
(A) The parties shall complete Class April 29, 2024
Certification discovery by:
(B) The Motion and Brief in Support of June 3, 2024
Class Certification shall be filed
no later than:
(C) Responses are due no later than: July 1, 2024
(D) Replies shall be filed no later than: July 15, 2024
The nature of suit states Prisoner Civil Rights.[CC]
MOTT & BOW INC.: Senior Files ADA Suit in S.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against Mott & Bow, Inc. The
case is styled as Frank Senior, on behalf of himself and all other
persons similarly situated v. Mott & Bow, Inc., Case No.
1:24-cv-01325 (S.D.N.Y., Feb. 21, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Mott & Bow -- https://www.mottandbow.com/ -- is a NYC-based
clothing company that strives to provide premium-grade jeans at a
reasonable price.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
GOTTLIEB & ASSOCIATES
150 E. 18 St., Suite PHR
New York, NY 10003
Phone: (212) 228-9795
Email: michael@gottlieb.legal
NATIONSBENEFITS LLC: Guerrero Suit Transferred to S.D. Florida
--------------------------------------------------------------
The case styled as Jessica Guerrero, individually and on behalf of
all others similarly situated v. NationsBenefits, LLC, Case No.
3:23-cv-00910 was transferred from the U.S. District Court for the
District of Connecticut, to the U.S. District Court for the
Southern District of Florida on Feb. 21, 2024.
The District Court Clerk assigned Case No. 1:24-cv-20681 to the
proceeding.
The nature of suit is stated as Other Contract for Breach of
Contract.
NationsBenefits -- https://www.nationsbenefits.com/ -- is a
supplemental benefits company that provides managed care
organizations.[BN]
NATIONSBENEFITS LLC: Wilczynski Suit Transferred to S.D. Florida
----------------------------------------------------------------
The case styled as Edward Wilczynski, individually and on behalf of
all others similarly situated v. NationsBenefits, LLC,
NationsBenefits Holdings LLC, Aetna Inc., Case No. 3:23-cv-00912
was transferred from the U.S. District Court for the District of
Connecticut, to the U.S. District Court for the Southern District
of Florida on Feb. 21, 2024.
The District Court Clerk assigned Case No. 1:24-cv-20682 to the
proceeding.
The nature of suit is stated as Other Fraud.
NationsBenefits -- https://www.nationsbenefits.com/ -- is a
supplemental benefits company that provides managed care
organizations.[BN]
NOTE: There are no professionals stated in the doc.
NAVVIS AND COMPANY: Clark Sues Over Privacy Data Breach
-------------------------------------------------------
DETRICK CLARK, individually and on behalf of all others similarly
situated, Plaintiff v. NAVVIS AND COMPANY, LLC, Defendant, Case No.
8:24-cv-00458-KKM-JSS (M.D. Fla., February 21, 2024) arises from
its failure to properly secure and safeguard personally
identifiable and health information of Plaintiff and the Class
members.
Between July 12, 2023 and July 25, 2023, an intruder gained entry
to Defendant's network, accessed Plaintiff's and the Class members'
PII/PHI, and exfiltrated information. However, Defendant did not
notify Plaintiff and the Class members of the incident until on or
about February 14, 2024, says the suit.
Headquartered in St. Louis, MO, Navvis and Company provides health
management services. [BN]
The Plaintiff is represented by:
Manuel S. Hiraldo, Esq.
HIRALDO P.A.
401 E. Las Olas Boulevard Suite 1400
Ft. Lauderdale, FL 33301
Telephone: 954.400.4713
E-mail: mhiraldo@hiraldolaw.com
- and -
Jibrael S. Hindi, Esq.
THE LAW OFFICES OF JIBRAEL S. HINDI
110 SE 6th Street Suite 1744
Ft. Lauderdale, FL 33301
NEW YORK, NY: Violates 4th Amendment Rights, Class Action Says
--------------------------------------------------------------
Corrado Rizzi at classaction.org reports that a proposed class
action lawsuit alleges New York City's Administration for
Children's Services (ACS) conducts tens of thousands of invasive,
traumatic and sudden entries into families' homes each year, with
Black and Hispanic families disproportionately bearing the brunt of
investigators' threats and other coercive tactics, even when no
evidence is found that a child is in danger.
The 49-page class action lawsuit was filed by nine plaintiffs who
allege the Fourth Amendment rights of well over 100 New York City
families are violated by ACS each day as part of routine,
warrantless home investigations for which "parents feel that they
have no choice but to allow caseworkers to enter and search their
homes." During these searches, the suit says, ACS will rummage
through an entire home and conduct "untrammeled inspections of
families' most private spaces," regardless of whether a home has
any connection to "whatever allegations have been made about that
particular family."
According to the complaint, the trauma inflicted by New York's ACS
predominantly and disproportionately falls on Black and Hispanic
families, as more than 80 percent of the parents and children
subject to ACS inquiries are Black or Hispanic. The lawsuit relays
that one out of every two Black children in New York City has been
subjected to an ACS investigation -- which typically lasts 60 days
and involves at least one, and sometimes as many as four, home
searches -- by the time they turn 18.
During a search, ACS caseworkers examine not only every room of a
family's home but rifle through their belongings and "in many cases
search children's bodies," the lawsuit says.
The agency itself has acknowledged the racial impact of its
searches in a report that outlines what is described as a
"predatory system that specifically targets Black and Brown
parents," the complaint notes.
"These coerced searches rarely result in determinations that the
children require any protection," the suit states. "Less than 7% of
investigations lead ACS to file petitions in Family Court alleging
that parents committed wrongdoing of any kind."
The suit accuses NYC ACS caseworkers of lying to parents about
their rights, threatening to call the police, and even threatening
to take their children away if they are not permitted to enter and
search the home. The overwhelming majority of ACS home entries and
searches are conducted without a court order, without voluntary
consent, and in the absence of any emergency, the filing alleges.
Although the New York Family Court Act grants ACS the ability to
obtain "at all hours" a court order to enter and search a home --
which must be supported by "probable cause" and specify the actions
that will be taken -- the agency "chooses to almost never seek
these court orders," the case says.
"Across the nearly 53,000 investigations ACS conducted last year,
it sought only 222 court orders to search families' homes. Even
assuming ACS completed only one home search during each
investigation (it typically conducts several), ACS sought court
orders for just 0.4% of home entries. This means over 99.5% of home
searches that ACS conducts are "presumptively unreasonable" under
the Fourth Amendment."
The case specifies that although ACS can enter a family's home
without a warrant or consent when it has grounds to believe a child
is in imminent danger, the matter at hand concerns the more than
50,000 warrantless home searches the agency performs each year,
affecting hundreds of thousands of children and caretakers, where
no emergency grounds exist.
"These allegations are typically non-urgent and frequently involve
common occurrences, such as a child missing school without a
doctor's note, a child seen playing in a hallway, or a parent
disagreeing with a school's recommendation for special education
services," the suit expands.
The lawsuit claims NYC ACS has failed to properly train caseworkers
on families' constitutional rights during home searches and has
"created and continues to foster" a culture of "coerced
acquiescence" via tactics that instill fear into parents that their
children will be taken unless they bow to ACS's demands.
"Plaintiffs' experiences are not isolated or unusual," the case
reads. "They are consistent with and indicative of ACS's widespread
and customary practice of deploying highly Coercive Tactics to
conduct warrantless searches of families' homes in non-exigent
circumstances in violation of the Fourth Amendment."
The lawsuit looks to cover all adult parents or legal guardians
subject to an ACS investigation in which caseworkers have used, are
using, or will use coercive tactics to search their home without a
court order or exigent circumstances. [GN]
NEW YORK-PRESBYTERIAN: Tay Seeks Conditional Collective Status
--------------------------------------------------------------
In the class action lawsuit captioned as BERLINDA TAY, on behalf of
herself, FLSA Collective Plaintiffs, and the Class, v. THE NEW YORK
AND PRESBYTERIAN HOSPITAL, NEW YOKR-PRESBYTERIAN HEALTHCARE SYSTEM,
INC., and THE NEW YORK AND PRESBYTERIAN HEALTHCARE NETWORK, INC.,
Case No. 7:22-cv-08379-KMK-VR (S.D.N.Y.), the Plaintiff asks the
Court to enter an order granting motion for conditional collective
certification and for Court facilitation of Notice pursuant to 29
U.S.C. section 216(b).
New York and Presbyterian is a teaching hospital affiliated with
Weill Cornell Medical College.
A copy of the Plaintiff's motion dated Feb. 1, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=Dor4HA at no extra
charge.[CC]
The Plaintiff is represented by:
C.K. Lee, Esq.
Anne Seelig, Esq.
LEE LITIGATION GROUP, PLLC
148 West 24th Street, 8th Floor
New York, NY 10011
Telephone: (212) 465-1188
Facsimile: (212) 465-1181
NY CAPRI: Li Loses Bid for Class Certification
-----------------------------------------------
In the class action lawsuit captioned as Dequan Li, on behalf of
himself and others similarly situated, v. NY Capri Nails & Spa Inc,
et al., Case No. 2:20-cv-06296-KAM-ST (E.D.N.Y.), the Hon. Judge
Kiyo A. Matsumoto entered an order denying Li's motion for class
certification.
The parties shall file a joint letter on the docket by February 8,
2024, stating how they plan to proceed in light of this Order.
The Plaintiff Dequan Li commenced this action against the
Defendants thus leaving Capri and the Ans the sole remaining
defendants.
Li has moved to certify a class of allegedly similarly situated
plaintiffs with respect to his NYLL claims in accordance with
Federal Rule of Civil Procedure 23.
The Court referred the motion to Magistrate Judge Tiscione for a
Report and Recommendation.
Tiscione's thorough, well-reasoned Report and Recommendation, the
Court finds no clear error and thus affirms and adopts the Report
and Recommendation in its entirety as the opinion of the Court. See
28 U.S.C. section 636(b)(1).
Specifically, the Court agrees that Li failed to meet his
evidentiary burden to establish the four prerequisites to class
certification under Rule 23(a).
NY Capri is a nails salon.
A copy of the Court's order dated Feb. 1, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=FSOFr0 at no extra
charge.[CC]
OCLARO INC: Settlement Talks on Securities Suit Ongoing
-------------------------------------------------------
Lumentum Holdings Inc. disclosed in its Form 10-Q report for the
quarterly period ended December 30, 2023, filed with the Securities
and Exchange Commission on February 8, 2024, that the United States
District Court for the Northern District of California
preliminarily approved the settlement of SaiSravan B. Karri v.
Oclaro, Inc., et al., No. 3:18-cv-03435-JD after a hearing on an
amended motion on August 17, 2023. Lumentum acquired optical
equipment manufacturer, Oclaro, Inc., in 2018.
The Karri lawsuit alleges, among other things, that Oclaro and its
directors violated Section 14(a) of the Securities Exchange Act of
1934 by disseminating an incomplete and misleading Form S-4,
including proxy statement/prospectus. It further alleged that
Oclaro's directors violated Section 20(a) of the Exchange Act by
failing to exercise proper control over the person(s) who violated
Section 14(a) of the Exchange Act.
The plaintiff seeks, among other things, damages to be awarded to
the plaintiff and any class, if a class is certified, and
litigation costs, including attorneys' fees. After the plaintiff
was appointed as lead plaintiff and his counsel as lead counsel,
the plaintiff filed a first amended complaint on April 15, 2019.
The first amended complaint, also named Lumentum as a defendant but
Lumentum has since been dismissed from the action.
On October 8, 2020, the court granted in part and denied in part
the defendant's motion to dismiss the first amended complaint. On
December 1, 2020, defendants answered the first amended complaint.
On September 17, 2021, lead plaintiff filed a second amended
complaint. Defendants moved to stay discovery in light of the
second amended complaint. On January 11, 2022, the court struck the
second amended complaint as untimely, terminated defendants'
motions to dismiss as moot, and lifted the stay. The case proceeded
through fact and expert discovery.
On August 16, 2022, the lead plaintiff moved for class
certification and to be appointed class representative. Defendants
opposed the motion. The action subsequently was stayed while the
parties participated in a mediation. On January 18, 2023, the lead
plaintiff filed a Notice of Settlement informing the court of an
agreement in principle between the parties for a class-wide
settlement of the Karri lawsuit.
On January 24, 2023, in light of the potential settlement, the
court vacated all pretrial and trial dates and ordered the lead
plaintiff to file a motion for preliminary approval of the
settlement by March 17, 2023. The lead plaintiff filed his motion
for preliminary approval of the settlement on March 16, 2023, and
defendants filed a statement of non-opposition on March 30, 2023.
On April 20, 2023, the court held a hearing on lead plaintiff's
motion for preliminary approval of the settlement.
The court declined to grant lead plaintiff's motion for preliminary
approval and ordered lead plaintiff to file a revised motion by May
22, 2023. Lead plaintiff filed his Revised Motion for Preliminary
Approval of Settlement on May 22, 2023, defendants filed a response
in support of the Amended Motion on June 5, 2023, and the lead
plaintiff submitted his reply on June 12, 2023. The hearing on the
Amended Motion took place on August 17, 2023 and the court
preliminarily approved the settlement.
Lumentum Holdings Inc. is an industry-leading provider of optical
and photonic products addressing a range of end-market applications
for manufacturing, inspection, and life-science applications.
OPTIMUM DEALERSHIP: Fails to Pay Proper Wages, Green Says
---------------------------------------------------------
JASMINE GREEN, on behalf of herself and others similarly situated,
Plaintiff v. OPTIMUM DEALERSHIP GROUP, LLC, a Florida Limited
Liability Company, d/b/a "Optimum RV," Defendant, Case No.
5:24-cv-00082 (M.D. Fla., February 21, 2024) accuses the Defendant
of violating the Fair Labor Standards Act.
Plaintiff Jasmine Green worked as a recreational vehicle
salesperson at an RV dealership location known as "Optimum RV" in
Marion County, Florida. Since on or about June 13, 2023 through
January 23, 2024, Plaintiff and/or other similarly situated
salespersons were not paid a legal minimum hourly wage during
numerous applicable pay periods. Accordingly, Plaintiff, on behalf
of herself and others similarly situated, seeks to recover
liquidated damages in addition to the unpaid minimum wages.
Optimum Dealership Group, LLC, is a Florida Limited Liability
Company, which operates several related, closely, privately held RV
dealership locations throughout Florida, South Carolina,
Pennsylvania, Texas, Michigan and Missouri, all known as "Optimum
RV". [BN]
The Plaintiff is represented by:
Robert S. Norell, Esq.
ROBERT S. NORELL, P.A.
300 N.W. 70th Avenue Suite 305
Plantation, FL 33317
Telephone: (954) 617-6017
Facsimile: (954) 617-6018
E-mail: rob@floridawagelaw.com
OUTOOK THERAPEUTICS: Continues to Defend Securities Class Suit
--------------------------------------------------------------
Outlook Therapeutics Inc. disclosed in its Form 10-Q Report for the
quarterly period ending December 31, 2023 filed with the Securities
and Exchange Commission on February 14, 2024, that the company
continues to defend itself from a securities class suit in the
United States District Court for the District of New Jersey.
On November 3, 2023, a securities class action lawsuit was filed
against the Company and certain of its officers in the United
States District Court for the District of New Jersey.
The class action complaint alleges violations of the Securities
Exchange Act of 1934, as amended, or the Exchange Act, in
connection with allegedly false and misleading statements made by
the Company related to the Company's BLA during the period from
December 29, 2022 through August 29, 2023.
The complaint alleges, among other things, that the Company
violated Sections 10(b) and 20(a) of the Exchange Act and SEC Rule
10b-5 by failing to disclose that there was an alleged lack of
evidence supporting ONS-5010 as a treatment for wet AMD and that
the Company and/or its manufacturing partner had deficient CMC
controls for ONS-5010, which remained unresolved at the time the
Company's BLA was re-submitted to the FDA and, as a result, the FDA
was unlikely to approve the Company's BLA, and that the Company's
stock price dropped when such information was disclosed.
The plaintiffs in the class action complaint seek damages and
interest, and an award of reasonable costs, including attorneys'
fees.
The pending lawsuit and any other related lawsuits are subject to
inherent uncertainties, and the actual defense and disposition
costs will depend upon many unknown factors.
The outcome of the pending lawsuit and any other related lawsuits
is necessarily uncertain.
Outlook Therapeutics, Inc. is a late clinical-stage
biopharmaceutical company that focuses on developing and
commercializing monoclonal antibodies for various ophthalmic
indications.[BN]
PACIFIC CLAY: Stamm Suit Seeks Unpaid Wages for Release Burners
---------------------------------------------------------------
MARSHALL TREVOR STAMM, individually and on behalf of all others
similarly situated, Plaintiff v. PACIFIC CLAY PRODUCTS, INC; and
DOES 1 through 10, inclusive, Defendants, Case No. 24STCV04369
(Cal. Super., Los Angeles Cty., February 21, 2024) is a class
action against the Defendants for violations of California's Labor
Code and California's Business and Professions Code including
failure to pay minimum wages, failure to pay overtime compensation,
failure to provide meal periods, failure to authorize and permit
rest breaks, failure to indemnify necessary business expenses,
failure to timely pay final wages at termination, failure to
provide accurate itemized wage statements, and unfair business
practices.
The Plaintiff worked for the Defendants as a release burner in the
County of Los Angeles, State of California, from approximately 2022
to 2024.
Pacific Clay Products, Inc. is a manufacturer of clay products,
doing business in California. [BN]
The Plaintiff is represented by:
Kane Moon, Esq.
S. Phillip Song, Esq.
Stanley J. Park, Esq.
MOON LAW GROUP, PC
1055 W. Seventh St., Suite 1880
Los Angeles, CA 90017
Telephone: (213) 232-3128
Facsimile: (213) 232-3125
E-mail: kmoon@moonlawgroup.com
psong@moonlawgroup.com
spark@moonlawgroup.com
PALAMERICAN SECURITY: Jacobs Suit Removed to N.D. California
------------------------------------------------------------
The case captioned as Tom Jacobs, on behalf of himself and others
similarly situated v. PALAMERICAN SECURITY CALIFORNIA INC.; and
DOES 1 to 100, inclusive, Case No. 23CV057373 was removed from the
Superior Court of California, County of Alameda, to the U.S.
District Court for the Northern District of California on Feb. 22,
2024, and assigned Case No. 3:24-cv-01079.
This action involves claims governed by the parties' Collective
Bargaining Agreement, and as such, this action is subject to
federal jurisdiction under 28 U.S.C.A. Section 1331 and on the
basis of preemption under Section 301 of the Labor Management
Relations Act of 1947 ("LMRA").[BN]
The Defendants are represented by:
John Erin McOsker, Esq.
Daphne M. Anneet, Esq.
BURKE, WILLIAMS & SORENSEN, LLP
444 South Flower Street, Suite 2400
Los Angeles, CA 90071-2953
Phone: 213.236.0600
Fax: 213.236.2700
Email: jmcosker@bwslaw.com
danneet@bwslaw.com
PAPA JOHN'S: Parties in Guerra Seek to Vacate Class Cert Deadlines
------------------------------------------------------------------
In the class action lawsuit captioned as EDDIE GUERRA and COLIN
JACKSON, individually and on behalf of a class of similarly
situated individuals, v. PAPA JOHN'S INTERNATIONAL, INC.; and DOES
1 through 100, inclusive, Case No. 3:23-cv-01933-LB (N.D. Cal.),
the Parties ask the Court to enter an order vacating all current
class certification deadlines in light of the pending mediation.
Papa John's is an American pizza restaurant chain.
A copy of the Parties' motion dated Feb. 1, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=EMIiT4 at no extra
charge.[CC]
The Plaintiffs are represented by:
Eric A. Grover, Esq.
Rachael G. Jung, Esq.
KELLER GROVER LLP
1965 Market Street
San Francisco, CA 94103
Telephone: (415) 543-1305
Facsimile: (415) 543-7861
E-mail: eagrover@kellergrover.com
rjung@kellergrover.com
- and -
Scot Bernstein, Esq.
LAW OFFICES OF SCOT D. BERNSTEIN,
A PROFESSIONAL CORPORATION
101 Parkshore Drive, Suite 100
Folsom, CA 95630
Telephone: (916) 447-0100
Facsimile: (916) 933-5533
E-mail: swampadero@sbernsteinlaw.com
The Defendants are represented by:
Gerald L. Maatman, Esq.
Jennifer A. Riley, Esq.
Sean Patterson, Esq.
Meghan C. Killiam, Esq.
DUANE MORRIS LLP
444 W Lake St Suite 900
Chicago, IL 60606
PARRY'S PIZZA: Domowicz Suit Seeks to Certify FLSA Collective
-------------------------------------------------------------
In the class action lawsuit captioned as ELLIE DOMOWICZ,
individually and on behalf of all others similarly situated, v.
PARRY'S PIZZA VI, LLC, and PARRY'S PIZZERIA AND BAR, LLC Case No.
1:23-cv-00433-RM-STV (D. Colo.), the Plaintiffs ask the Court to
enter an order:
(1) Conditionally certifying a collective action of:
"All current and former employees of the Defendants who
are/were paid a hybrid of a sub-minimum wage hourly pay and
tips (the "Collective Action Members") for the three years
prior to the date this case was filed to the present;"
(2) Directing the Defendants to produce to Plaintiff's counsel
a
list of all Collective Action Members identifying their
name,
job title, last known mailing address, last known personal
email address(es), last known cell phone numbers, dates of
employment, location(s) of employment, EIN, and last four
SSN
digits (the "Class List") within seven (7) days after the
entry
of the Order;
(3) Approving issuance of notice to the Collective Action
Members
via the form of notice and methods requested below within 14
days after the receipt of the Class List;
(4) permitting a 90-day notice period for the Collective Action
Members to determine whether to join this lawsuit; and
(5) authorizing the Plaintiff's counsel or a third-party
administrator to issue notice to the Collective Action
Members
by mail, email, and text message with a reminder 45 days
thereafter.
The Plaintiffs worked at a Parry's Pizzeria & Taphouse located at
1232 South Hover Street, A-100, Longmont, Colorado.
This lawsuit seeks back minimum wages for the Plaintiffs and
similarly situated co-workers (e.g., servers, runners, bussers,
bartenders, barbacks ("Tipped Workers")) under the Fair Labor
Standards Act (FLSA).
The Defendants pay Tipped Workers sub-minimum hourly wages under a
"tip-credit" for all hours of work but require them to perform
improper types or excessive amounts of non-tipped work.
This practice harms Tipped Workers in violation of the law by
denying them both minimum wages and the opportunity to earn tips,
since non-tipped work has no customer contact.
Furthermore, the Defendants were not entitled to pay Tipped Workers
at the federally established "tipcredit" rate because Defendants
failed to inform Plaintiffs of the provisions of 28 U.S.C. section
203(m)(2)(A)(ii).
A copy of the Plaintiff's motion dated Feb. 2, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=nIwt2o at no extra
charge.[CC]
The Plaintiff is represented by:
Ricardo J. Prieto, Esq.
Melinda Arbuckle, Esq.
WAGE AND HOUR FIRM
5050 Quorum Drive, Suite 700
Dallas, TX 75254
Telephone: (214) 489-7653
Facsimile: (469) 319-0317
E-mail: rprieto@wageandhourfirm.com
marbuckle@wageandhourfirm.com
PARTY TIME BR: Liz Files ADA Suit in S.D. New York
--------------------------------------------------
A class action lawsuit has been filed against Party Time BR, LLC.
The case is styled as Pedro Liz, on behalf of himself and all
others similarly situated v. Party Time BR, LLC, Case No.
1:24-cv-01296 (S.D.N.Y., Feb. 21, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Party Time BR, LLC -- https://partytimebr.com/ -- is an in-store
and online shopping offering baking supplies balloons party
supplies.[BN]
The Plaintiff is represented by:
Gabriel Levy, Esq.
GABRIEL A. LEVY, P.C.
1129 Northern Blvd., Suite 404
Manhasset, NY 11030
Phone: (516) 287-3458
Email: glevy@glpcfirm.com
PATHWAYS HOLDINGS: Benbrook Suit Removed to N.D. California
-----------------------------------------------------------
The case captioned as Nicola Benbrook, on behalf of herself and all
others similarly situated v. PATHWAYS HOLDINGS, LLC, d/b/a HOLLAND
PATHWAYS, Case No. SG-2023-CV-1879 was removed from the District
Court of Sedgwick County, Kansas, to the U.S. District Court for
the District of Kansas on Feb. 22, 2024, and assigned Case No.
6:24-cv-01032-JWB-GEB.
Benbrook's Petition alleges that she was employed by Pathways, and
in the course of her employment, her rights under the Fair Labor
Standards Act and the Kansas Wage Payment Act were violated..[BN]
The Plaintiff is represented by:
Sean M. McGivern, Esq.
Nathan R. Elliott, Esq.
GRAYBILL & HAZLEWOOD, LLC
218 N. Mosley St.
Wichita, KS 67202
Email: sean@graybillhazlewood.com
nathan@graybillhazlewood.com
The Defendants are represented by:
Nanette Turner Kalcik, Esq.
Marisol Garcia, Esq.
STINSON LLP
1625 N. Waterfront Parkway, Suite 300
Wichita, KS 67206-6620
Phone: (316) 265-8800
Fax: (316) 265-1349
Email: nanette.kalcik@stinson.com
marisol.garcia@stinson.com
PERRY JOHNSON: Williams Sues Over Patients' Unprotected Info
------------------------------------------------------------
TIFFANY WILLIAMS and JO JOAQUIM, individually and on behalf of all
others similarly situated, Plaintiffs v. PERRY JOHNSON &
ASSOCIATES, INC. and CONCENTRA HEALTH SERVICES, INC., Defendants,
Case No. 1:24-cv-01313-CLP (E.D.N.Y., February 21, 2024) is a class
action against the Defendants for negligence, breach of implied
contract, unjust enrichment, bailment, and breach of fiduciary
duty.
The case arises from the Defendants' failure to properly secure and
safeguard personally identifiable information (PII) and protected
health information of the Plaintiffs and similarly situated
patients stored within the Defendants' network system following a
data breach. The Defendants also failed to timely notify the
Plaintiffs and similarly situated patients about the data breach.
As a result, the private information of the Plaintiffs and Class
members was compromised and damaged through access by and
disclosure to unknown and unauthorized third parties, says the
suit.
Perry Johnson & Associates, Inc. is a provider of health
information technology solutions, headquartered in Troy, Michigan.
Concentra Health Services, Inc. is a health care company, with a
principal place of business located at 5080 Spectrum Drive, Suite
400, Addison, Texas. [BN]
The Plaintiffs are represented by:
Steven M. Nathan, Esq.
HAUSFELD LLP
33 Whitehall Street, Fourteenth Floor
New York, NY 10004
Telephone: (646) 357-1100
Facsimile: (212) 202-4322
E-mail: snathan@hausfeld.com
- and -
James J. Pizzirusso, Esq.
HAUSFELD LLP
888 16th Street, N.W., Suite 300
Washington, D.C. 20006
Telephone: (202) 540-7200
Facsimile: (202) 540-7201
E-mail: jpizzirusso@hausfeld.com
- and -
Gary M. Klinger, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN LLC
227 W. Monroe Street, Suite 2100
Chicago, IL 60606
Telephone: (866) 252-0878
E-mail: gklinger@milberg.com
- and -
Jeff Ostrow, Esq.
KOPELOWITZ OSTROW FERGUSON WEISELBERG GILBERT
One West Las Olas Blvd., Suite 500
Fort Lauderdale, FL 33301
Telephone: (954) 332-4200
E-mail: ostrow@kolawyers.com
PLDT INC: Agrees to Settle Suit Over Financial Losses for $3M
-------------------------------------------------------------
Ted Cordero at GMA Integrated News reports that Pangilinan-led
telecommunications giant PLDT Inc. has entered into a settlement
deal to resolve its class action suits filed in the United States
in relation to its budget overrun issue last year.
In a disclosure to the Philippine Stock Exchange, PLDT said the
Stipulation of Settlement was signed on February 16, 2024.
"Under the proposed settlement, which is subject to approval by the
Court following notice to the settlement class, the settlement
class will receive payment of a settlement amount of $3,000,000,"
the telco said.
In February last year, two individuals -- Sophia Olsson and Kevin
Douglas -- filed separate motions against current and former
officials of PLDT in a US court, alleging they incurred losses
following PLDT's disclosure of the budget overrun, calling on the
court to award them reasonable costs and expenses incurred in the
legal action.
In December 2022, the telco disclosed an initial budget overrun of
P48 billion, representing 12.7% of its capital expenditure from
2019 to 2022. This was later scaled down to P33 billion, after
settlements with major vendors.
PLDT had argued against the motions of Olsson and Douglas as it
"fall far short" of the basic requirement needed for a lead
plaintiff to show that he or she is an adequate representative on
behalf of the putative class.
"The proposed settlement agreement contains no admission of
liability, fault or wrongdoing by any defendant," PLDT said.
"If approved by the Court, the settlement will resolve the US Class
Action in its entirety as against all defendants," it added. [GN]
PRECISION IMAGING: Sharfman Allowed Leave to File Class Cert Reply
-------------------------------------------------------------------
In the class action lawsuit captioned as Marc Irwin Sharfman M.D.
P.A. v. Precision Imaging St. Augustine LLC, et al., Case No.
6:22-cv-00642 (M.D. Fla., Filed March 31, 2022), the Hon. Judge
Wendy W Berger entered an order granting unopposed motion for leave
to file a reply in support of motion for class certification.
The nature of suit states Restrictions of Use of Telephone
Equipment.[CC]
PURPLE INNOVATION: Julian Suit Removed to N.D. California
---------------------------------------------------------
The case captioned as Mason Julian and Alexander Tat, individually
and on behalf of all other persons similarly situated v. PURPLE
INNOVATION, LLC, Case No. CGC-24-611689 was removed from the
Superior Court of the State of California, in and for the County of
San Francisco, to the U.S. District Court for the Northern District
of California on Feb. 22, 2024, and assigned Case No.
3:24-cv-01078-SK.
The Plaintiffs allege that Purple "artificially inflates the prices
of its Products for the sole purpose of marketing them at a
discounted 'sale' price" to deceive customers into "believing that
they are receiving a bargain." The Plaintiffs further allege that
Purple's sales tactics "are not offered in good faith and are made
for the sole purpose of inducing customers into purchasing products
they otherwise would not have purchased." They allege Purple is
"aware that consumers typically lack material information about
their products and often rely on information from Purple when
making purchasing decisions." Accordingly, Plaintiffs, on behalf of
themselves and a putative California class, seek to end these
(purportedly unlawful) practices and obtain monetary relief,
punitive damages, injunctive relief, restitution, interest,
attorneys' fees and costs. The Plaintiffs specifically allege the
following five claims on behalf of themselves and the Class:
violation of the Consumers Legal Remedies Act ("CLRA"); violation
of the False Advertising Law ("FAL"); violation of the Unfair
Competition Law ("UCL"); fraud; and unjust enrichment.[BN]
The Defendants are represented by:
Ellen S. Robbins, Esq.
AKERMAN LLP
601 W. Fifth Street, Suite 300
Los Angeles, CA 90071
Phone: (213) 688-9500
Facsimile: (213) 627-6342
Email: ellen.robbins@akerman.com
QUAKER OATS: Fitzgerald Sues Over Mislabeled Oat Products
---------------------------------------------------------
LILIAN FITZGERALD, individually and on behalf of all others
similarly situated, Plaintiff v. THE QUAKER OATS COMPANY,
Defendant, Case No. 7:24-cv-01235 (S.D.N.Y., Feb. 20, 2024) alleges
that the Quaker Oat's products contain up to nearly 300 parts per
billion of chlormequat, a pesticide that has been linked to
disrupting fetal growth and harming the nervous system.
The Plaintiff alleges in the complaint that the packaging for the
Defendant's Products do not list chlormequat in the ingredient
section, nor do they warn about the inclusion or potential
inclusion of chlormequat in the Products.
No reasonable consumer would expect that a product would contain
dangerous pesticides. Reasonable consumers believe products they
purchase are safe for oral ingestion and expect the ingredients
listed accurately reflect what is within the product. As a
consequence of the Defendant's deceptive marketing scheme, the
Plaintiff and the Class suffered an ascertainable loss, insofar as
they would not have purchased the Products had the truth been
known, would not have paid the requested price for the Products,
the suit asserts.
THE QUAKER OATS COMPANY produces and distributes food products. The
Company offers cold breakfast cereals, rice snacks, nutritional
bars, pancake mixes, coockies, oatmeal pancake, and food recipes.
[BN]
The Plaintiff is represented by:
Joshua D. Arisohn, 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
Email: jarisohn@bursor.com
cdonovan@bursor.com
QUALFON DATA: Fails to Pay Proper Wages, Faucett Alleges
--------------------------------------------------------
JAMES FAUCETT, individually and on behalf of all other similarly
situated individuals, Plaintiff v. QUALFON DATA SERVICES GROUP,
LLC, Defendant, Case No. 2:24-cv-10418-SJM-APP (E.D. Mich., Feb.
20, 2024) seeks to recover from the Defendant unpaid wages and
overtime compensation, interest, liquidated damages, attorneys'
fees, and costs under the Fair Labor Standards Act.
Plaintiff Faucet was employed by the Defendant as a customer
service representative.
Qualfon Data Services Group, LLC provides marketing solutions and
contact center services. The Company offers a full suite of
customer lifecycle services, including sales, customer care,
technical support, and retention programs. [BN]
The Plaintiff is represented by:
Charles R. Ash, IV, Esq.
ASH LAW, PLLC
402 W. Liberty St.
Ann Arbor, MI 48103-4388
Telephone: (734) 234-5583
Email: cash@nationalwagelaw.com
- and -
Richard E. Hayber, Esq.
Thomas Durken, Esq.
HAYBER, MCKENNA & DINSMORE, LLC
750 Main Street, Suite 904
Hartford, CT 06103
Telephone: (860) 522-8888
Facsimile: (860 218-9555
Email: rhayber@hayberlawfirm.com
RAINBOW GROCERY: Torres Files Suit in Cal. Super. Ct.
-----------------------------------------------------
A class action lawsuit has been filed against Rainbow Grocery
Cooperative, Inc. The case is styled as Nicole Torres,
individually, and on behalf of other members of the general public
similarly situated and on behalf of other aggrieved employees
pursuant to the California Private Attorneys General Act v. Rainbow
Grocery Cooperative, Inc., Does 1 Through 100, Inclusive, Case No.
CGC24612573 (Cal. Super. Ct., San Francisco Cty., Feb. 22, 2024).
The case type is stated as "Other Non-Exempt Complaints."
Rainbow Grocery Cooperative -- https://rainbow.coop/ -- is a
worker-owned and run food cooperative located in San Francisco,
California.[BN]
The Plaintiff is represented by:
Arby Aiwazian, Esq.
LAWYERS for JUSTICE, PC
410 Arden Ave., Ste. 203
Glendale, CA 91203-4007
Phone: 818-265-1020
Fax: 818-265-1021
Email: arby@calljustice.com
RECOLLECTIONS INC: Senior Files ADA Suit in S.D. New York
---------------------------------------------------------
A class action lawsuit has been filed against Recollections, Inc.
The case is styled as Frank Senior, on behalf of himself and all
other persons similarly situated v. Recollections, Inc., Case No.
1:24-cv-01372 (S.D.N.Y., Feb. 22, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Recollections, Inc. -- https://recollections.biz/ -- offer a wide
variety of historically-themed clothing from the Old West and
Regency to 1920s and Victorian.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
GOTTLIEB & ASSOCIATES
150 E. 18 St., Suite PHR
New York, NY 10003
Phone: (212) 228-9795
Email: michael@gottlieb.legal
RESIDEO TECHNOLOGIES: Tredo Class Suit Mediation Moved to May 2024
------------------------------------------------------------------
Resideo Technologies Inc. disclosed in its Form 10-K Report for the
annual period ending December 31, 2023 filed with the Securities
and Exchange Commission on February 14, 2024, that the Tredo class
suit parties agreed to postpone mediation from January 2024 to May
2024.
.
On June 28, 2023, Lisset Tredo, a Company employee, filed a
putative class action complaint in the San Diego County Superior
Court on behalf of all non-exempt employees in California, in which
she alleges violations by the Company of the California Labor Code
related to sick leave pay, accurate wage statements, recordkeeping,
and pay timing, and on August 28, 2023 she filed a first amended
complaint adding a claim under the California Private Attorneys
General Act (the "Tredo Lawsuit").
In the Tredo Lawsuit, Tredo seeks alleged unpaid wages,
restitution, interest, statutory penalties, civil penalties,
attorneys' fees and costs in an unknown amount.
The Company answered the Tredo Lawsuit in which it asserted a
general denial of plaintiff's allegations and asserted various
defenses.
The Company is investigating the allegations and defenses.
At the request of plaintiff's counsel, the parties have agreed to
postpone mediation from January 2024 to May 2024, and to stay
formal discovery pending the outcome of the mediation.
If the case is not resolved at mediation, the Company intends to
defend the matter vigorously; however, there can be no assurance
that it will be successful in such defense.
Resideo Technologies, Inc. is a manufacturer and developer of
technology-driven smoke and carbon monoxide detection home safety
products and security solutions. It is also a wholesale
distributor
of low-voltage security products including access control, fire
detection, fire suppression, security, and video products.
RESOURCES FOR HUMAN: Fails to Pay Proper Wages, Barnes Alleges
--------------------------------------------------------------
MICHAEL BARNES, individually and on behalf of all others similarly
situated, Plaintiff v. RESOURCES FOR HUMAN DEVELOPMENT, INC.,
Defendant, Case No. 2:24-cv-00757 (E.D. Pa., Feb. 21, 2024) seeks
to recover from the Defendant unpaid wages and overtime
compensation, interest, liquidated damages, attorneys' fees, and
costs under the Fair Labor Standards Act.
Plaintiff Barnes was employed by the Defendant as an in-house
healthcare provider.
RESOURCES FOR HUMAN DEVELOPMENT, INC. is a non-profit company that
provides in-house healthcare providers for patients in need of
full-time care. [BN]
The Plaintiff is represented by:
Daniel C. Levin, Esq.
Nicholas J. Elia, Esq.
LEVIN SEDRAN & BERMAN LLP
510 Walnut Street, Suite 500
Philadelphia, PA 19106
Telephone: (215) 592-1500
Email: mweinkowitz@lfsblaw.com
dlevin@lfsblaw.com
nelia@lfsblaw.com
- and -
D. Aaron Rihn, Esq.
ROBERT PEIRCE & ASSOCIATES
707 Grant Street, Suite 125
Pittsburgh, PA 15219
Telephone: (844) 383-0565
Email: arihn@peircelaw.com
RITCHESON LAUFFER: Frasier Sues Over Unfair Debt Collection
-----------------------------------------------------------
Kyle Frasier, individually and on behalf of all others similarly
situated v. RITCHESON, LAUFFER & VINCENT, A PROFESSIONAL
CORPORATION, and DOES 1-25, Case No. 6:24-cv-00062-JCB (E.D. Tex.,
Feb. 22, 2024), is brought against Defendants for violations of the
Fair Debt Collection Practices Act ("FDCPA") as a result of
abusive, deceptive, and unfair debt collection practices.
The Plaintiff obtained a personal loan from Cooperative Teachers
Credit Union to pay various bills incurred for personal, family,
and household purposes. On August 15, 2023, the loan's owner,
either directly or through intermediate transactions, assigned,
placed, or transferred the loan ("Debt") to RLV for collection. RLV
contends the Debt is in default. RLV sent a letter to The Plaintiff
dated August 15, 2023 ("Letter") by regular and certified mail.
The Letter stated that the Plaintiff could cure the breach by a
date certain. Rather than state the date by which the Plaintiff
could cure the alleged breach, RSV provided misleading and
deceptive instructions as to how to determine the cure Deadline.
The Plaintiff was unable to tell from the quoted language what the
deadline was to cure the alleged breach. The Plaintiff was deprived
of non-misleading information in the course of RLV's attempt to
collect the Debt, says the complaint.
The Plaintiff was a citizen of, and resided in, Smith County,
Texas.
RLV regularly engages in the collection of defaulted consumer debts
owed to others.[BN]
The Plaintiff is represented by:
Andrew T. Thomasson, Esq.
Francis R. Greene, Esq.
THOMASSON PLLC
16414 San Pedro Avenue, Suite 700
San Antonio, TX 78232-2272
Phone: (973) 312-0774
Facsimile: (973) 559-5779
Email: Andrew@Thomassonpllc.com
Francis@Thomassonpllc.com
RYDER INTEGRATED: Court Stays Class Cert Discovery for 30 Days
--------------------------------------------------------------
In the class action lawsuit captioned as TIFFENY NANCE, on behalf
of herself and the Class Members, v. RYDER INTEGRATED LOGISTICS,
INC., a Delaware Corporation; and RYDER SYSTEM, INC., a Florida
Corporation, Case No. 2:23-cv-00477-TLN-JDP (E.D. Cal.), the Hon.
Judge Troy L. Nunley entered an order to stay discovery for 30
days.
1. All current and pending discovery in this case is stayed for
30 days.
2. The Plaintiff's deadline to file a motion for class
certification is extended by 60 days.
Ryder provides transportation services.
A copy of the Court's order dated Feb. 1, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=yaiH5e at no extra
charge.[CC]
The Plaintiff is represented by:
Carolyn H. Cottrell, Esq.
Ori Edelstein, Esq.
Eugene Zinovyev, Esq.
SCHNEIDER WALLACE
COTTRELL KONECKY LLP
2000 Powell Street, Suite 1400
Emeryville, CA 94608
Telephone: (415) 421-7100
E-mail: ccottrell@schneiderwallace.com
oedelstein@schneiderwallace.com
ezinovyev@schneiderwallace.com
The Defendant is represented by:
Mara D. Curtis, Esq.
Rafael N. Tumanyan, Esq.
Tanner J. Hendershot, Esq.
REED SMITH LLP
355 South Grand Avenue, Suite 2900
Los Angeles, CA 90071-1514
Telephone: (213) 457 -8000
Facsimile: (213) 457-8080
E-mail: mcurtis@reedsmith.com
mcurtis@reedsmith.com
thendershot@reedsmith.com
SAN DIEGO FERTILITY: Faces Suit Over Data Privacy Violations
------------------------------------------------------------
B.W.; and JANE DOE, individually and on behalf of all others
similarly situated, Plaintiffs v. SAN DIEGO FERTILITY CENTER
MEDICAL GROUP, INC.; and IVY FERTILITY SERVICES, LLC, Defendants,
Case No. 3:24-cv-00237-LL-BLM (S.D. Cal., Feb. 5, 2024) alleges
violation of the Health Insurance Portability and Accountability
Act.
According to the complaint, the Defendants owned and operated
clinical websites, portals, and patient appointment webpages
(collectively, "Web Properties"). As part of the medical services
they provide, the Defendants own, control and maintain a website
for its clinic, https://www.sdfertility.com/ ("Website").
The Defendants actively encourage patients and prospective patients
to use the Web Properties, including the Website, to communicate
with their healthcare providers; manage medical appointments for
fertility services; search medical conditions concerning fertility
and treatment options; and much more. However, unbeknownst to the
Plaintiffs and Class Members, the Defendants installed tracking
technologies on their Web Properties to collect and disclose their
Private Information to unauthorized third parties for its own
pecuniary gain. Specifically, the Defendants embedded undetectable
tracking Facebook pixels (the "Pixels" or "Facebook Pixels") on the
Web Properties, including the Website, which transmit an incredible
amount of personal and protected data about its Users to Meta
Platforms, Inc., d/b/a Meta ("Meta" or "Facebook"). The collection
and transmission of this information is instantaneous, invisible
and occurs without any notice to -- and certainly no consent from
-- the Users.
As a result of the Defendants' actions, Plaintiffs and Class
Members have suffered harm and injury, including but not limited to
an invasion of their privacy rights, says the suit.
SAN DIEGO FERTILITY CENTER MEDICAL GROUP, INC. is a leading
Southern California fertility clinic for infertility treatment
including IVF, egg donation, and surrogacy. [BN]
The Plaintiff is represented by:
Daniel Srourian, Esq.
SROURIAN LAW FIRM, P.C.
3435 Wilshire Blvd. Suite 1710
Los Angeles, CA 90010
Email: daniel@slfla.com
- and -
John R. Parker, Jr., Esq.
ALMEIDA LAW GROUP LLC
3550 Watt Avenue, Suite 140
Sacramento, CA 95608
Telephone: (916) 616-2936
Email: jrparker@almeidalawgroup.com
- and -
David S. Almeida, Esq.
Matthew J. Langley, Esq.
ALMEIDA LAW GROUP LLC
849 W. Webster Avenue
Chicago, IL 60614
Telephone: (312) 576-3024
Email: david@almeidalawgroup.com
matt@almeidalawgroup.com
SERVICETITAN INC: Hughes Sues Over Illegal Wiretapping
------------------------------------------------------
DANA HUGHES, individually and on behalf of all others similarly
situated, Plaintiff v. SERVICETITAN, INC., a California
Corporation; and DOES 1 to 10, inclusive, Defendants, Case No.
2:24-cv-01399 (C.D. Cal., February 21, 2024) alleges violations of
the California Invasion of Privacy Act.
According to the complaint, ServiceTitan did not obtain the Class
members' express or implied consent to wiretap or allow third
parties to eavesdrop on visitor conversations, nor did the Class
members know at the time of the conversations that ServiceTitan was
secretly wiretapping them and allowing third parties to eavesdrop
on them.
ServiceTitan, Inc. is a California corporation with its principal
place of business in Glendale, CA. The company provides business
software for commercial contractors through its website
https://www.servicetitan.com. [BN]
The Plaintiff is represented by:
Robert Tauler, Esq.
Wendy Miele, Esq.
TAULER SMITH, LLP
626 Wilshire Boulevard, Suite 550
Los Angeles, CA 90017
Telephone: (310) 590-3927
E-mail: rtauler@taulersmith.com
wmiele@tauelrsmith.com
- and -
Kevin J. Cole, Esq.
KJC LAW GROUP, A.P.C.
9701 Wilshire Blvd., Suite 1000
Beverly Hills, CA 90212
Telephone: (310) 861-7797
E-mail: kevin@kjclawgroup.com
SINGULARITY FUTURE: Continues to Defend Crivellaro Class Suit
-------------------------------------------------------------
Singularity Future Technology Ltd. disclosed in its Form 10-Q
Report for the quarterly period ending December 31, 2023 filed with
the Securities and Exchange Commission on February 14, 2024, that
the company continues to defend itself from the Crivellaro class
suit in the United States District Court for the Eastern District
of New York.
On December 9, 2022, Piero Crivellaro, purportedly on behalf of the
persons or entities who purchased or acquired publicly traded
securities of the Company between February 2021 and November 2022,
filed a putative class action against the Company and other
defendants in the United States District Court for the Eastern
District of New York, alleging violations of federal securities
laws related to alleged false or misleading disclosures made by the
Company in its public filings.
The plaintiff seeks unspecified damages, plus interest, costs,
fees, and attorneys' fees.
As this action is still in the early stage, the Company cannot
predict the outcome.
The Company is also subject to additional contractual litigation as
to which it is unable to estimate the outcome.
Singularity Future Technology Ltd. is into the arrangement of
transportation of freight & cargo based in New York.
SOUTH REGIONAL: Faces Garcia Suit Over Labor Code Breach
--------------------------------------------------------
ELBA GARCIA, individually and on behalf of others similarly
situated, Plaintiff v. SOUTH REGIONAL DEVELOPMENTALLY DISABLED
PERSONS, INC., a California Nonprofit; and DOES 1 through 25,
inclusive, CENTRAL LOS ANGELES CENTER FOR DISABLED, Defendants,
Case No. 24STCV04382 (Cal. Super., Los Angeles., February 21, 2024)
seeks to recover all available remedies under the California Labor
Code and the California Business and Professions Code.
Plaintiff Elba Garcia worked for Defendants from approximately
October 2016 through approximately April 2023 as a Secretary.
Defendants jointly and severally employed Plaintiff Garcia at their
location in Los Angeles, CA. The Plaintiff performed various duties
for Defendants including, among other things, coordinating and
transferring cases, handling client interactions, drafting legal
paperwork and handling other secretary job duties. However,
Plaintiff alleges that Defendants failed to properly pay her all
wages owed for all time worked and failed to provide her with all
meal periods and rest periods and associated premium wages to which
she was entitled.
Headquartered in Los Angeles, CA, South Central Los Angeles
Regional Center for Developmentally Disabled Persons, Inc. provides
health management services including intake, assessment, diagnosis,
case management, early intervention, and life-long service
coordination. [BN]
The Plaintiff is represented by:
Jonathan M. Genish, Esq.
Karen I. Gold, Esq.
Ashley H. Cruz, Esq.
Marissa A. Mayhood, Esq.
BLACKSTONE LAW, APC
8383 Wilshire Boulevard, Suite 745
Beverly Hills, CA 90211
Telephone: (310) 622-4278
Facsimile: (855) 786-6356
STATE FARM: Court Extends Time for Mediation in Wiggins Suit
------------------------------------------------------------
In the class action lawsuit captioned as Wiggins, et al., v. State
Farm Mutual Automobile Insurance Company, et al., Case No.
8:21-cv-03803 (D.S.C., Filed Nov. 19, 2021), the Hon. Judge
Jacquelyn D. Austin entered an order granting motion for extension
of time.
-- Mediation is due within 60 days of the Court's ruling on the
motion for class certification.
The nature of suit states insurance contract.
State Farm is a group of mutual insurance companies throughout the
United States.[CC]
SUB-ZERO GROUP: Filing for Class Cert Bid Extended to July 26
-------------------------------------------------------------
In the class action lawsuit captioned as JOHN BANKHURST, PAMELA
ANDERSON, JONATHAN ZANG, and JESSE KARP, individually and on behalf
of all others similarly situated, Plaintiffs, v. SUB-ZERO GROUP
INC. and WOLF APPLIANCE, INC., Case No. 3:23-cv-00253-wmc (W.D.
Wisc.), the Hon. Judge Stephen L. Crocker entered an order
extending the deadlines related to class certification:
-- Disclosure of class certification experts: May 17,
2024
-- Responsive expert disclosures: June 28,
2024
-- Plaintiffs' motion to certify classes: July 26,
2024
-- Defendants' response: Sept. 9,
2024
-- Plaintiffs' reply: Sept. 27,
2024
Sub-Zero is a privately held American company that manufactures and
sells luxury kitchen appliances.
A copy of the Court's order dated Feb. 1, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=uBFnM0 at no extra
charge.[CC]
T.S.P. HOLDING: Liz Files ADA Suit in S.D. New York
---------------------------------------------------
A class action lawsuit has been filed against T.S.P. Holding
Company. The case is styled as Pedro Liz, on behalf of himself and
all others similarly situated v. T.S.P. Holding Company, Case No.
1:24-cv-01299 (S.D.N.Y., Feb. 21, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
T.S.P. Holding Company Doing Business As: Today's Patio --
https://todayspatio.com/ -- offer high quality outdoor furniture &
more at guaranteed low prices.[BN]
The Plaintiff is represented by:
Gabriel Levy, Esq.
GABRIEL A. LEVY, P.C.
1129 Northern Blvd., Suite 404
Manhasset, NY 11030
Phone: (516) 287-3458
Email: glevy@glpcfirm.com
TEC BUILDING: Fails to Pay Proper Wages, Ginenthal Suit Alleges
---------------------------------------------------------------
JEREMY GINENTHAL, individually and on behalf of all others
similarly situated, Plaintiff v. TEC BUILDING SYSTEMS LLC,
Defendant, Case No. 1:24-cv-01256 (E.D.N.Y., Feb. 19, 2024) is an
action against the Defendant for failure to pay minimum wages,
overtime compensation, provide meals and rest periods, and provide
accurate wage statements.
Plaintiff Ginenthal was employed by the Defendant as a field
technician.
TEC BUILDING SYSTEMS LLC is NYC's top Building Automation firm,
providing comprehensive engineering, software, commissioning &
UI/UX design services. [BN]
The Plaintiff is represented by:
Michael J. Palitz, Esq.
SHAVITZ LAW GROUP, P.A.
447 Madison Avenue, 6th Floor
New York, NY 10022
Telephone: (800) 616-4000
Facsimile: (561) 447-8831
Email: mpalitz@shavitzlaw.com
- and -
Nicholas A. Migliaccio, Esq.
Jason S. Rathod, Esq.
Mark Patronella, Esq.
MIGLIACCIO & RATHOD LLP
412 H Street N.E., Ste. 302
Washington, DC 20002
Telephone: (202) 470-3520
Email: nmigliaccio@classlawdc.com
jrathod@classlawdc.com
mpatronella@classlawdc.com
TEMPUR SEALY: Senior Files ADA Suit in S.D. New York
----------------------------------------------------
A class action lawsuit has been filed against Tempur Sealy
International, Inc. The case is styled as Frank Senior, on behalf
of himself and all other persons similarly situated v. Tempur Sealy
International, Inc., Case No. 1:24-cv-01327 (S.D.N.Y., Feb. 21,
2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Tempur Sealy International, Inc. -- https://www.tempursealy.com/ --
is an American manufacturer of mattresses and bedding
products.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
GOTTLIEB & ASSOCIATES
150 E. 18 St., Suite PHR
New York, NY 10003
Phone: (212) 228-9795
Email: michael@gottlieb.legal
TEQUILA JACK'S: Fails to Pay Proper Wages, Chamu Suit Alleges
-------------------------------------------------------------
JULIO CESAR ONTIVEROS CHAMU, individually and on behalf of all
others similarly situated, Plaintiff v. TEQUILA JACK'S, INC.; HENRY
ATTINA; and DOES 1 through 20, inclusive, Defendants, Case No.
24STCV04385 (Cal. Super., Los Angeles Cty., Feb. 21, 2024) is an
action against the Defendants for failure to pay minimum wages,
overtime compensation, authorize and permit meal and rest periods,
provide accurate wage statements, and reimburse necessary business
expenses.
Plaintiff Chamu was employed by the Defendants as a cook.
TEQUILA JACK'S, INC. is an operator of a Mexican restaurant and
cantina in Long Beach's Rainbow Harbor. Tequila Jack's serves
traditional Mexican cuisine, including appetizers, enchiladas,
fajitas, and seafood, along with a wide selection of cocktails and
over 100 types of tequila.
The Plaintiff is represented by:
Sarkis Sirmabekian, Esq.
SIRMABEKIAN LAW FIRM, PC
3435 Wilshire Blvd., Suite 1710
Los Angeles, CA 90010
Telephone: (818) 473-5003
Facsimile: (818) 476-5619
Email: contact@slawla.com
TETRA TECH: Mismanages Retirement Plan's Forfeited Funds, Yagy Says
-------------------------------------------------------------------
TAMARA YAGY, individually and as a representative of a class of
participants and beneficiaries on behalf of the Tetra Tech, Inc.
and Subsidiaries Retirement Plan, Plaintiff v. TETRA TECH, INC.;
and DOES 1 to 10 inclusive, Defendants, Case No. 2:24-cv-1394 (C.D.
Cal., February 21, 2024) is a class action against the Defendants
for breach of fiduciary duty of loyalty, breach of fiduciary duty
of prudence, breach of anti-inurement provision under the Employee
Retirement Income Security Act of 1974, and prohibited
transactions.
According to the complaint, the Defendants breached their fiduciary
duties to the Tetra Tech, Inc. and Subsidiaries Retirement Plan and
its participants by consistently failing to use the forfeited funds
to pay Plan administrative expenses, and thereby reduce or
eliminate the amounts charged to the participants' individual
accounts to cover such expenses. Instead, the Defendants
consistently utilized the forfeited funds in the Plan exclusively
for the Company's own benefit, to the detriment of the Plan and its
participants, by using these Plan assets solely to reduce Company
contributions to the Plan, says the suit.
Tetra Tech, Inc. is a global provider of consulting and engineering
services, headquartered in Pasadena, California. [BN]
The Plaintiff is represented by:
Matthew B. Hayes, Esq.
Kye D. Pawlenko, Esq.
HAYES PAWLENKO LLP
1414 Fair Oaks Avenue, Unit 2B
South Pasadena, CA 91030
Telephone: (626) 808-4357
E-mail: mhayes@helpcounsel.com
kpawlenko@helpcounsel.com
THESY LLC: Toro Files ADA Suit in S.D. New York
-----------------------------------------------
A class action lawsuit has been filed against Thesy, LLC. The case
is styled as Andrew Toro, on behalf of himself and all others
similarly situated v. Thesy, LLC, Case No. 1:24-cv-01285 (S.D.N.Y.,
Feb. 21, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Tempur Sealy International, Inc. -- https://www.tempursealy.com/ --
is an American manufacturer of mattresses and bedding
products.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
10826 64th Avenue, Ste. 2nd Floor
Forest Hills, NY 11375
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
TITLEMAX OF GEORGIA: Blackmon Sues Over Improper Pawn Transaction
-----------------------------------------------------------------
COURTNEY BLACKMON, individually and on behalf of all others
similarly situated, Plaintiff v. TITLEMAX OF GEORGIA, INC. D/B/A
TITLEMAX; and TMX FINANCE LLC, Defendants, Case No.
4:24-cv-00049-WMR (N.D. Ga., Feb. 21, 2024) seeks to use the
protections provided to active-duty service members by the Military
Lending Act to void high-interest title loans made to hundreds of
soldiers.
The Plaintiff alleges in the complaint that the Defendants'
standard form Pawn Transaction Disclosure Statement and Security
Agreement (the "Agreement") contains several loan terms that are
prohibited by the MLA for loans to covered members.
The Defendants' business practices that fail to comply with the
MLA, are part of a systematic nationwide scheme that violates the
MLA for all of the Defendants' loans given to active-duty service
members or "Covered Borrowers" as defined by the MLA, the suit
asserts.
TITLEMAX OF GEORGIA, INC. D/B/A TITLEMAX was founded in 2000. The
company's line of business includes providing loans to individuals
as well as financing retail sales. [BN]
The Plaintiff is represented by:
Justin T. Holcombe, Esq.
Kris Skaar, Esq.
SKAAR & FEAGLE, LLP
133 Mirramont Lake Drive
Woodstock, GA 30189
Telephone: (770) 427-5600
Facsimile: (404) 601-1855
Email: jholcombe@skaarandfeagle.com
kskaar@skaarandfeagle.com
- and -
James M. Feagle, Esq.
Cliff R. Dorsen, Esq.
Chelsea R. Feagle, Esq.
SKAAR & FEAGLE, LLP
2374 Main Street, Suite B
Tucker, GA 30084
Telephone: (404) 373-1970
Facsimile: (404) 601-1855
Email: jfeagle@skaarandfeagle.com
cdorsen@skaarandfeagle.com
cfeagle@skaarandfeagle.com
- and -
Brian Warwick, Esq.
Janet Varnell, Esq.
Christopher J. Brochu, Esq.
VARNELL & WARWICK, P.A.
400 N. Ashley Drive, Suite 1900
Tampa, FL 33602
Telephone: (352) 753-8600
Facsimile: (352) 504-3301
Email: bwarwick@vandwlaw.com
jvarnell@vandwlaw.com
cbrochu@vandwlaw.com
ckoerner@vandwlaw.com
TOSCANA PIZZA: Fails to Pay Proper Wages, Claret Alleges
--------------------------------------------------------
DIEGO MARTIN SOSA CLARET; and MARY YSABEL JUAREZ SOLIS,
individually and on behalf of all others similarly situated,
Plaintiff v. TOSCANA PIZZA & GRILL LLC; FERNANDO GABRIEL; and KINGA
SALAMON, Defendants, Case No. CACE-24-002380 (Fla. Cir., Broward
Cty., Feb. 20, 2024) seeks to recover from the Defendants unpaid
wages and overtime compensation, interest, liquidated damages,
attorneys' fees, and costs under the Fair Labor Standards Act.
Plaintiffs Claret and Solis were employed by the Defendants as a
server and as a cook, respectively.
TOSCANA PIZZA & GRILL LLC operates a restaurant in Coral Springs,
Florida, offering parrilladas, chivito, pizza a la pala, and faina.
[BN]
The Plaintiffs are represented by:
Pamela Ferretjans, Esq.
Valeria Alvarez Verdier, Esq.
FERRETJANS LAW, PLLC
2828 Coral Way, Suite 101
Miami, FL 33145
Telephone: (305) 925-0811
Facsimile: (305) 397-1289
Email: pf@pflawoffice.com
TOYOTA FINANCE: Faces Suit Over High-Interest Loans in Australia
----------------------------------------------------------------
carexpert.com.au reports that a class action lawsuit has been filed
against Toyota's Australian financial division in a Victorian
court, alleging the company "ripped off" more than 100,000
customers by charging higher interest rates.
The class action, filed by Echo Law, alleges Toyota Finance
Australia -- which is separate to Toyota Motor Corporation
Australia -- facilitated undisclosed arrangements with Toyota and
Lexus dealership staff who inflated interest rates on car loans
between 2010 and 2018.
While the customers who signed up for the loans paid the higher
interest rates, the dealer staff allegedly benefitted from what's
known as a "flex commission" -- with Toyota Finance passing on a
cut of the profit to those who helped facilitate the deal.
Echo Law alleges the undisclosed flex commission arrangement
created a conflict of interest between dealers and customers, with
customers paying more for loans than they otherwise would have --
not only compared to the true figure, but also against the industry
average.
"This class action is about holding Toyota Finance to account for
putting in place dealer loan arrangements that it knew were unfair
and against the interest of Toyota customers," Echo Law partner
Andrew Paull said in a media statement.
"There are hundreds of thousands of Toyota customers who took out
dealership loans between 2010 and 2018 that were subject to these
unfair arrangements, and who we say are worse off because of them.
"Most concerningly, it appears that these practices resulted in
vulnerable customers, such as those with low financial literacy,
paying the most inflated interest rates. Some of these loans are
continuing today.
"The total extra costs paid by Toyota Finance customers is
estimated to be in the hundreds of millions of dollars."
In its lawsuit -- filed in the Supreme Court of Victoria -- Echo
Law alleges Toyota Finance:
engaged in unfair conduct in contravention of section 180A of the
National Consumer Credit Protection Act 2009 (Cth);
entered its customers into unjust loans within the meaning of
section 76 of the National Credit Code;
engaged in misleading or deceptive conduct in contravention of the
Corporations Act and/or the ASIC Act; and
the loans were entered into pursuant to a causative mistaken belief
and are therefore void and entitled to be rescinded.
Flex commissions were heavily criticised during the 2017-18 Banking
Royal Commission, which focused on Westpac and St George Finance
engaging in the practice with certain car dealers. They weren't
banned by the Australian Securities and Investments Commission
until November 2018, however.
"Toyota Finance Australia Limited acknowledges that class action
proceedings have been served by Echo Law. We will take the time to
review the claim carefully before making any statement," a
spokesperson for Toyota Finance told CarExpert.
"As always, if customers have any questions about their finance
contract, we encourage them to contact our Customer Service team on
137 200 from 8:30am to 5.30pm AEDT Monday to Friday (excluding
public holidays)."[GN]
TOYOTA MOTOR: Class Cert Bid Filing Extended to Oct. 21
-------------------------------------------------------
In the class action lawsuit captioned as SARA HADI and JUN
IMAIZUMI, individually and on behalf of all others similarly
situated, v. TOYOTA MOTOR CORPORATION, a Japanese corporation;
TOYOTA MOTOR NORTH AMERICA, INC., a California corporation; and
TOYOTA MOTOR SALES, U.S.A., INC., a California corporation, Case
No. 2:23-cv-09613-DSF-SSC (C.D. Cal.), the Hon. Judge Dale S.
Fischer entered an order granting in part
Parties' stipulation as follows:
-- Defendants Toyota Motor North America, Inc. and Toyota Motor
Sales, U.S.A., Inc.'s deadline to move to dismiss or otherwise
respond to the amended complaint is March 4, 2024.
-- The Plaintiffs' deadline to file an opposition to the motion to
dismiss the amended complaint is April 1, 2024.
-- The Defendants Toyota Motor North America, Inc. and Toyota
Motor
Sales, U.S.A., Inc.'s deadline to file their reply in support
of
their motion to dismiss the amended complaint is May 15, 2024.
-- The hearing on the motion is set on June 17, 2024.
-- Discovery in this matter, and the obligation to respond to any
discovery that may be served beforehand, is stayed until July
15,
2024.
-- The Plaintiffs' deadline to file their motion for class
certification is continued to Oct. 21, 2024.
Toyota is a Japanese multinational automotive manufacturer.
A copy of the Court's order dated Feb. 1, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=rdKsU8 at no extra
charge.[CC]
TRAX RETAIL: Perez Suit Removed to S.D. California
--------------------------------------------------
The case captioned as Ana Perez, an individual, on behalf of
herself and all others similarly situated v. TRAX RETAIL, INC., a
Delaware corporation, Case No. '24CV0333 LL JLB was removed from
the Superior Court of the State of California, County of San Diego,
to the U.S. District Court for the Southern District of California
on Feb. 21, 2024, and assigned Case No. 3:24-cv-00333-LL-JLB.
The Plaintiff's Complaint alleges the following wage and hour class
claims: 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 Violations of California's Unfair
Competition Law ("UCL").[BN]
The Defendants are represented by:
Thomas E. Daugherty, Esq.
KLINEDINST PC
501 West Broadway, Suite 1100
San Diego, CA 92101
Phone: (619) 400-8000
Fax: (619) 238-8707
Email: tdaugherty@klinedinstlaw.com
TROPICAL CHEESE: Toro Files ADA Suit in S.D. New York
-----------------------------------------------------
A class action lawsuit has been filed against Tropical Cheese
Industries, Inc. The case is styled as Andrew Toro, on behalf of
himself and all others similarly situated v. Tropical Cheese
Industries, Inc., Case No. 1:24-cv-01287-VSB (S.D.N.Y., Feb. 21,
2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Tropical Cheese Industries -- https://tropicalcheese.com/ -- has
delivered the highest quality, award-winning, Authentic Latino
Flavor to your table for over 35 years.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
10826 64th Avenue, Ste. 2nd Floor
Forest Hills, NY 11375
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
TRS RECOVERY: Friedman Files FDCPA Suit in E.D. New York
--------------------------------------------------------
A class action lawsuit has been filed against TRS Recovery
Services, Inc., et al. The case is styled as Alan Friedman,
individually and on behalf of all others similarly situated v. TRS
Recovery Services, Inc., Telecheck Services, LLC, Case No.
2:24-cv-01319-JMA-AYS (S.D. Miss., Feb. 22, 2024).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
TRS Recovery Services (TRS) -- https://www.trsrecoveryservices.com/
-- is a premier provider of collection services across varied
market segments.[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
UDEMY INC: Calcano Files ADA Suit in S.D. New York
--------------------------------------------------
A class action lawsuit has been filed against Udemy, Inc. The case
is styled as Marcos Calcano, on behalf of himself and all other
persons similarly situated v. Udemy, Inc., Case No. 1:24-cv-01323
(S.D.N.Y., Feb. 21, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Udemy -- https://www.udemy.com/ -- is an online learning and
teaching marketplace with over 213000 courses and 62 million
students.[BN]
The Plaintiff is represented by:
Dana Lauren Gottlieb, Esq.
GOTTLIEB & ASSOCIATES
150 E. 18 St., Suite PHR
New York, NY 10003
Phone: (917) 796-7437
Fax: (212) 982-6284
Email: danalgottlieb@aol.com
UNITED PARCEL: Filing for Class Cert. Bid Extended to Sept. 30
--------------------------------------------------------------
In the class action lawsuit captioned as Timothy Brown, Ronnie
Suveg, Joseph Bobertz, Clifford Potters, Stacey Richards, Warren
Washburn, Nancy Youngermann, and John Braxton, on behalf of
themselves and all others similarly situated, v. United Parcel
Service of America, Inc., the Administrative Committee of the UPS
Retirement Plan, and the Board of Trustees of the UPS Pension Plan,
Case No. 1:22-cv-01672-TCB (N.D. Ga.), the Hon. Judge Timothy C.
Batten, Sr. entered an order extending class certification
deadlines:
-- Fact Discovery Completed: May 1, 2024
-- Plaintiff's Expert Report: June 3, 2024
-- Defendant's Expert Report: July 31,
2024
-- Plaintiff's Motion for Sept. 30,
2024
Class Certification:
United Parcel is an American multinational shipping & receiving and
supply chain management company.
A copy of the Court's order dated Feb. 1, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=1d0FO3 at no extra
charge.[CC]
UNITED PARCEL: Orr Suit Removed to C.D. California
--------------------------------------------------
The case captioned as Rebecca Orr, and others similarly situated v.
UNITED PARCEL SERVICE, INC., a corporation; and DOES 1-100,
inclusive, Case No. CVRI2400302 was removed from the Superior Court
of the State of California for the County of Riverside, to the U.S.
District Court for the Central District of California on Feb. 22,
2024, and assigned Case No. 2:24-cv-01477.
The Plaintiff alleges that UPS constructively terminated her by
"not providing anymore routes through UPS's automated system" in
retaliation for making inquiries regarding route assignments, and
"complaining about not receiving reporting time pay."[BN]
The Defendants are represented by:
Elizabeth A. Falcone, Esq,
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
The KOIN Center
222 SW Columbia Street, Suite 1500
Portland, OR 97201
Phone: 503-552-2140
Facsimile: 503-224-4518
Email: elizabeth.falcone@ogletree.com
- and -
Robert Vorhees, Esq,
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
Park Tower, Fifteenth Floor
695 Town Center Drive
Costa Mesa, CA 92626
Phone: 714-800-7900
Facsimile: 714-754-1298
Email: robert.vorhees@ogletree.com
UPSTART HOLDINGS: Crain Suit Seeks to Certify Rule 23 Class Action
------------------------------------------------------------------
In the class action lawsuit captioned as Crain v. Upstart Holdings,
Inc. et al. (Upstart Holdings, Inc. Securities Litigation), Case
No. 2:22-cv-02935-ALM-EPD (S.D. Ohio), the Plaintiffs ask the Court
to enter an order:
-- Certifying case as class action pursuant to Rule 23(a) and
(b)(3)
of the Federal Rules of Civil Procedure;
-- Appointing the Plaintiffs as Class Representatives, and
-- Approving their selection of Motley Rice LLC and Robbins
Geller
Rudman & Dowd LLP as Co-Class Counsel.
Upstart engages in the provision of a cloud-based artificial
intelligence lending platform.
A copy of the Plaintiff's motion dated Feb. 2, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=rI8g9q at no extra
charge.[CC]
The Plaintiff is represented by:
Joseph F. Murray, Esq.
Brian K. Murphy, Esq.
MURRAY MURPHY MOUL + BASIL LLP
1114 Dublin Road
Columbus, OH 43215
Telephone: (614) 488-0400
Facsimile: (614) 488-0401
E-mail: murray@mmmb.com
murphy@mmmb.com
- and -
Gregg S. Levin, Esq.
Max N Gruetzmacher, Esq.
Christopher F. Moriarty, Esq.
Charlotte Loper, Esq.
MOTLEY RICE LLC
28 Bridgeside Blvd.
Mount Pleasant, SC 29464
Telephone: (843) 216-9000
Facsimile: (843) 216-9450
E-mail: glevin@motleyrice.com
mgruetzmacher@motleyrice.com
cmoriarty@motleyrice.com
cloper@motleyrice.com
- and -
Ryan A. Llorens, Esq.
T. Alex B. Folkerth, Esq.
Nicole Q. Gilliland, Esq.
ROBBINS GELLER RUDMAN & DOWD LLP
655 West Broadway, Suite 1900
San Diego, CA 92101
Telephone: (619) 231-1058
Facsimile: (619) 231-7423
E-mail: ryanl@rgrdlaw.com
afolkerth@rgrdlaw.com
ngilliland@rgrdlaw.com
- and -
Robert V. Prongay, Esq.
Casey E. Sadler, Esq.
GLANCY PRONGAY & MURRAY LLP
1925 Century Park East, Suite 2100
Los Angeles, CA 90067
Telephone: (310) 201-9150
Facsimile: (310) 201-9160
E-mail: rprongay@glancylaw.com
csadler@glancylaw.com
- and -
David R. Grant, Esq.
PLEVIN & GALLUCCI COMPANY, L.P.A.
55 Public Square, Suite 2222
Cleveland, OH 44113
Telephone: (216) 861-0804
Facsimile: (216) 861-5322
E-mail: dgrant@pglawyer.com
USAA FEDERAL SAVINGS: Brunson Files Suit in E.D. Virginia
---------------------------------------------------------
A class action lawsuit has been filed against USAA Federal Savings
Bank. The case is styled as Laura Brunson, James Brunson, on behalf
of themselves and all similarly situated individuals v. USAA
Federal Savings Bank, Case No. 4:24-cv-00027 (E.D. VA., Feb. 21,
2024).
The nature of suit is stated as Consumer Credit for the Electronic
Fees Transfer Act.
USAA -- https://www.usaa.com/inet/wc/banking -- offers competitive
auto rates, no-monthly service fee banking and retirement options
to all branches of the military and their family.[BN]
The Plaintiffs are represented by:
Kristi Cahoon Kelly, Esq.
KELLY GUZZO PLC
3925 Chain Bridge Road, Suite 202
Fairfax, VA 22030
Phone: (703) 424-7570
Fax: (703) 591-9285
Email: kkelly@kellyandcrandall.com
VALERO SERVICES: Arellano Suit Removed to C.D. California
---------------------------------------------------------
The case captioned as Ernesto Arellano, as an individual, and on
behalf of all others similarly situated v. VALERO SERVICES, INC., a
Corporation, and Does 1 through 100, inclusive, Case No.
23-CV-033070 was removed from the Superior Court of the State of
California for the County of Los Angeles, to the U.S. District
Court for the Central District of California on Feb. 22, 2024, and
assigned Case No. 2:24-cv-01488.
The Complaint brings putative class claims for alleged: Violation
of Labor Code Sections 510, 558, 1194, 1197, and 1197.1; Violation
of Labor Code Section 226.7 for Failure to Provide Rest Periods;
Violation of Labor Code Sections 226.7, 512 for Failure to Provide
Meal Periods; Violation of Labor Code Section 226; and Violations
of Business and Professions.[BN]
The Defendants are represented by:
Ryan H. Crosner, Esq.
Chloe S. Chang, Esq.
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
400 South Hope Street, Suite 1200
Los Angeles, CA 90071
Phone: 213-239-9800
Facsimile: 213-239-9045
Email: ryan.crosner@ogletree.com
chloe.chang@ogletree.com
VALVE CORP: Order on Class Cert. Briefing Entered in Wolfire Games
------------------------------------------------------------------
In the class action lawsuit captioned as Wolfire Games LLC et al v.
Valve Corporation (RE: VALVE ANTITRUST LITIGATION), Case No.
2:21-cv-00563-JCC (W.D. Wash.), the Hon. Judge John C. Coughenour
entered an order regarding class certification briefing.
-- The Parties are permitted to initially file class certification
briefs (including opening briefs, opposition briefs, and reply
briefs), expert declarations or reports, exhibits, and all
other
evidence and declarations on which the Party relies, under
seal.
-- The Parties shall meet and confer. Within 10 days of such
filings,
the Parties will, as appropriate, file replacement briefs,
expert
reports, exhibits, evidence, and declarations with necessary
redactions, and a corresponding motion to seal.
-- The Parties have met and conferred with respect to the upcoming
briefing on class certification, and to discuss filing and
sealing
confidential material in connection with the class
certification
briefing. The Parties have agreed to the following procedure,
and
respectfully request the Court enter an order reflecting the
Parties’ stipulation.
Valve Corporation is an American video game developer, publisher,
and digital distribution company.
A copy of the Court's order dated Feb. 1, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=jWqMYa at no extra
charge.[CC]
The Plaintiffs are represented by:
Alicia Cobb, Esq.
Steig D. Olson, Esq.
David LeRay, Esq.
Adam Wolfson, Esq.
Charles Stevens, Esq.
QUINN EMANUEL URQUHART &
SULLIVAN, LLP
51 Madison Avenue
New York, NY 10010
Telephone: (212) 849-7231
Facsimile: (212) 849-7100
E-mail: aliciacobb@quinnemanuel.com
steigolson@quinnemanuel.com
adamwolfson@quinnemanuel.com
charliestevens@quinnemanuel.com
- and -
Ankur Kapoor, Esq.
Noah Brecker-Redd, Esq.
Wyatt Fore, Esq.
CONSTANTINE CANNON LLP
335 Madison Avenue, 9th Floor
New York, NY 10017
Telephone: (212) 350-2700
Facsimile: (212) 350-2701
E-mail: akapoor@constantinecannon.com
wfore@constantinecannon.com
- and -
Kenneth J. Rubin, Esq.
Timothy B. McGranor, Esq.
Kara M. Mundy, Esq.
Thomas N. McCormick, Esq.
VORYS, SATER, SEYMOUR AND PEASE LLP
52 East Gay Street
Columbus, OH 43215
Telephone: (614) 464-6400
Facsimile: (614) 719-4796
E-mail: kjrubin@vorys.com
tbmcgranor@vorys.com
kmmundy@vorys.com
tnmccormick@vorys.com
- and -
Stephanie L. Jensen, Esq.
Kenneth R. O'Rourke, Esq.
Scott A. Sher, Esq.
Allison B. Smith, Esq.
WILSON SONSINI GOODRICH &
ROSATI P.C.
701 Fifth Avenue, Suite 5100
Seattle, WA 98104-7036
Telephone: (206) 883-2500
Facsimile: (206) 883-2699
E-mail: sjensen@wsgr.com
korourke@wsgr.com
ssher@wsgr.com
allison.smith@wsgr.com
- and -
W. Joseph Bruckner, Esq.
Joseph C. Bourne, Esq.
LOCKRIDGE GRINDAL NAUEN P.L.L.P.
100 Washington Avenue S, Suite 2200
Minneapolis, MN 55401
Telephone: (612) 339-6900
Facsimile: (612) 339-0981
E-mail: wjbruckner@locklaw.com
jcbourne@locklaw.com
The Defendant is represented by:
Blake Marks-Dias, Esq.
Eric A. Lindberg, Esq.
CORR CRONIN LLP
1015 Second Avenue, Floor 10
Seattle, WA 98104
Telephone: (206) 625-8600
Facsimile: (206) 625-0900
E-mail: bmarksdias@corrcronin.com
elindberg@corrcronin.com
- and -
Kristen Ward Broz
FOX ROTHSCHILD LLP
2020 K. St. NW, Ste. 500
Washington, DC 20006
Telephone: (202) 794-1220
Facsimile: (202) 461-3102
E-mail: kbroz@foxrothschild.com
- and -
Charles B. Casper, Esq.
MONTGOMERY McCRACKEN WALKER
& RHOADS LLP
1735 Market Street, 21st Floor
Philadelphia, PA 19103
Telephone: (215) 772-1500
E-mail: ccasper@mmwr.com
VERIZON COMMUNICATIONS: Fails to Prevent Data Breach, Malacon Says
------------------------------------------------------------------
CARLOS MALACON, individually and on behalf of all others similarly
situated, Plaintiff v. VERIZON COMMUNICATIONS, INC.; and DOES 1
through 50, inclusive, Defendants, Case No. 2:24-cv-01431 (C.D.
Cal., Feb. 21, 2024) seeks to hold the Defendant responsible for
the harms caused to the Plaintiff and other similarly situated
persons ("Class" or "Class Members" or "Breach Victims") in a
massive and preventable data breach of Defendant's inadequately
protected computer network.
According to the Plaintiff in the complaint, the Defendant did not
discover the Data Breach until December 21, 2023, nearly three
months later. Defendant revealed in a February 7, 2024 notification
to the Maine Attorney General that a Verizon employee gained
unauthorized access to a file containing sensitive employee
information on September 21, 2023.
The Defendant's failure to protect the Breach Victims' Personal
Information, cybercriminals were able to steal everything they
could possibly need to commit nearly every conceivable form of
identity theft and wreak havoc on the financial and personal lives
of potentially millions of individuals. Because the Defendant
presented such a soft target to cybercriminals, Plaintiff and
Breach Victims have already been subjected to violations of their
privacy, fraud, and identity theft, or have been exposed to a
heightened and imminent risk of fraud and identity theft, says the
suit.
VERIZON COMMUNICATIONS INC. operates as a telecommunications
company. The Company provides wire line voice, data services,
wireless, and internet services. [BN]
The Plaintiff is represented by:
Kaveh S. Elihu, Esq.
Saima Ali Gipson, Esq.
EMPLOYEE JUSTICE LEGAL GROUP, PC
1001 Wilshire Boulevard
Los Angeles, CA 90017
Telephone: (213) 382-2222
Facsimile: (213) 382-2230
Email: kelihu@ejlglaw.com
sali@ejlglaw.com
VOLKSWAGEN GROUP: Plaintiffs Seeks Correction of Settlement Deal
----------------------------------------------------------------
In the class action lawsuit captioned as EMILY DACK, et al., v.
VOLKSWAGEN GROUP OF AMERICA, INC., et al., Case No.
4:20-cv-00615-RK (W.D. Mo.), the Plaintiffs asks the Court to enter
an order requesting a nunc pro tunc correction of a minor error in
the Settlement Agreement, which the Court preliminarily approved on
Jan. 18, 2024.
The Settlement Agreement was filed as Exhibit 1 to the Declaration
of Bonner C. Walsh submitted with the Plaintiff's motion for
preliminary approval of class action settlement.
Volkswagen is the North American operational headquarters, and
subsidiary of the Volkswagen Group of automobile companies of
Germany.
A copy of the Plaintiff's motion dated Feb. 1, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=B0uwJv at no extra
charge.[CC]
The Plaintiffs are represented by:
Tim E. Dollar, Esq.
Lauren Dollar, Esq.
DOLLAR BURNS & BECKER, L.C.
1100 Main Street, Suite 2600
Kansas City, MO 64105
Telephone: (816) 876-2600
Facsimile: (816) 221-8763
E-mail: timd@dollar-law.com
lauren@dollar-law.com
- and -
Bonner C. Walsh, Esq.
WALSH PLLC
1561 Long Haul Road
Grangeville, ID 83530
Telephone: (541) 359-2827
Facsimile: (866) 503-8206
E-mail: bonner@walshpllc.com
- and -
Matthew D. Schelkopf, Esq.
Joseph B. Kenney, Esq.
Sauder Schelkopf LLC
555 Lancaster Ave.
Berwyn, PA 19312
Telephone: (610) 200-0581
Facsimile: (610) 421-1326
E-mail: mds@sstriallawyers.com
jbk@sstriallawyers.com
- and -
Adam R. Gonnelli, Esq.
LAW OFFICE OF ADAM R. GONNELLI LLC
707 Alexander Road
Bldg. 2, Suite 208
Princeton, NJ, 08540
Telephone: (917) 541-7110
Facsimile: (315) 446-7521
E-mail: adam@arglawoffice.com
- and -
Russell D. Paul, Esq.
Amey J. Park, Esq.
Abigail J. Gertner, Esq.
BERGER MONTAGUE PC
1818 Market Street, Suite 3600
Philadelphia, PA 19103
Telephone: (215) 875-3000
Facsimile: (215) 875-4604
E-mail: rpaul@bm.net
apark@bm.net
agertner@bm.net
- and -
Tarek H. Zohdy, Esq.
Cody R. Padgett, Esq.
Laura E. Goolsby, Esq.
CAPSTONE LAW APC
1875 Century Park East, Suite 1000
Los Angeles, CA 90067
Telephone: (310) 556-4811
Facsimile: (310) 943-0396
E-mail: tarek.zohdy@capstonelawyers.com
cody.padgett@capstonelawyers.com
laura.goolsby@capstonelawyers.com
- and -
Joel D. Smith, Esq.
Alec Leslie, 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: jsmith@bursor.com
aleslie@bursor.com
The Defendants are represented by:
Michael B. Gallub, Esq.
Homer B. Ramsey, Esq.
Robert T. Adams, Esq.
Amir Nassihi, Esq.
SHOOK, HARDY & BACON LLP
1 Rockefeller Plaza, Suite 2801
New York, NY 10020
Telephone: (212) 779-6121
Facsimile: (212) 344-3333
E-mail: mgallub@shb.com
hramsey@shb.com
rtadams@shb.com
anassihi@shb.com
WALT DISNEY: Class Certification Order Entered in Thompson Suit
---------------------------------------------------------------
In the class action lawsuit captioned as SCOTT THOMPSON, et al., v.
THE WALT DISNEY COMPANY, Case No. 2:23-cv-09441-FMO-SK (C.D. Cal.),
the Hon. Judge Fernando M. Olguin entered an order regarding
motions for class certification.
1. Joint Brief
The parties shall work cooperatively to create a single, fully
integrated joint brief covering each party’s position, in
which
each issue (or sub-issue) raised by a party is immediately
followed
by the opposing party's/parties' response.
2. Citation to Evidence
All citation to evidence in the joint brief shall be directly to
the exhibit and page number(s) of the evidentiary appendix, or
page
and line number(s) of a deposition.
3. Unnecessary Sections
The parties need not include a "procedural history" section,
since
the court will be familiar with the procedural history.
4. Schedule for Preparation and Filing of Joint Brief:
Walt Disney is an American multinational mass media and
entertainment conglomerate.
A copy of the Court's order dated Feb. 1, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=H0SwBy at no extra
charge.[CC]
WALT DISNEY: Kelly Suit Seeks Class Certification
-------------------------------------------------
In the class action lawsuit captioned as ERICA KELLY and MARILYN
PAONE, individually and on behalf of all others similarly situated,
v. WALT DISNEY PARKS AND RESORTS U.S., INC., Case No.
6:22-cv-01919-RBD-DCI (M.D. Fla.), the Plaintiff asks the Court to
enter an order granting motion for class certification of a
National Class and Florida Subclass, defined as follows:
"All persons who reside in the [United States / Florida] and who
had an activated Platinum Pass at any time between July 11,
2020,
through Sept. 7, 2021."
The Platinum Pass was Advertised and Offered by Disney with "No
Defendant Walt Disney Parks and Resorts, U.S., Inc. operates
multiple theme parks in Florida, including, EPCOT, Magic Kingdom,
Disney's Animal Kingdom Theme Park, and Disney's Hollywood
Studios.
Walt Disney was founded in 1964. The Company's line of business
includes the operating of amusement parks and kids parks.
A copy of the Plaintiff's motion dated Feb. 1, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=tnfwch at no extra
charge.[CC]
The Plaintiffs are represented by:
William B. Federman, Esq.
FEDERMAN & SHERWOOD
10205 N. Pennsylvania Ave.
Oklahoma City, OK 73120
Telephone: (405) 235-1560
Facsimile: (405) 239-2112
E-mail: wbf@federmanlaw.com
- and -
Gary Steven Menzer, Esq.
MENZER & HILL, P.A.
7280 W Palmetto Pk Rd, Ste. 203
Boca Raton, FL 33434
Telephone: (561) 327-7207
E-mail: gmenzer@menzerhill.com
WESTERN UNION: Guzman Files Suit in C.D. California
---------------------------------------------------
A class action lawsuit has been filed against Concord Music Group,
Inc. The case is styled as Jose Guzman, Fortino Rutilo Jimenez,
Bertha Meza, individually and on behalf of all others similarly
situated v. The Western Union Company doing business as: Western
Union Financial Services Inc., MoneyGram International, Inc.,
MoneyGram Payment Systems, Inc., Case No. 5:24-cv-00404-SSS-DTB
(C.D. Cal., Feb. 21, 2024).
The nature of suit is stated as Other Civil Rights for the Civil
Rights Act.
The Western Union Company -- https://corporate.westernunion.com/ --
is an American multinational financial services corporation
headquartered in Denver, Colorado.[BN]
The Plaintiffs are represented by:
Taras P. Kick, Esq.
Tyler J. Dosaj, Esq.
THE KICK LAW FIRM APC
815 Moraga Drive
Los Angeles, CA 90049
Phone: (310) 395-2988
Fax: (310) 395-2088
Email: taras@kicklawfirm.com
tyler@kicklawfirm.com
WYZANT INC: Calcano Files ADA Suit in S.D. New York
---------------------------------------------------
A class action lawsuit has been filed against Wyzant, Inc. The case
is styled as Marcos Calcano, on behalf of himself and all other
persons similarly situated v. Wyzant, Inc., Case No. 1:24-cv-01331
(S.D.N.Y., Feb. 22, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Wyzant -- https://www.wyzant.com/ -- is an online services
marketplace in educational technology for matching tutors with
students.[BN]
The Plaintiff is represented by:
Jeffrey Michael Gottlieb, Esq.
Dana Lauren Gottlieb, Esq.
GOTTLIEB & ASSOCIATES
150 E. 18 St., Suite PHR
New York, NY 10003
Phone: (917) 796-7437
Fax: (212) 982-6284
Email: nyjg@aol.com
danalgottlieb@aol.com
ZEROED-IN TECHNOLOGIES: Jeffries Suit Transferred to D. Maryland
----------------------------------------------------------------
The case styled as Barry Jeffries, individually and on behalf of
all others similarly situated v. Zeroed-In Technologies, LLC, Case
No. 2:24-cv-00013 was transferred from the U.S. District Court for
the Middle District of Florida, to the U.S. District Court for the
District of Maryland on Feb. 22, 2024.
The District Court Clerk assigned Case No. 1:24-cv-00517-BAH to the
proceeding.
The nature of suit is stated as Other Contract.
Zeroed-In Technologies -- https://www.zeroedin.com/ -- is an
innovative technology company that helps clients make better use of
their own HR, talent, and business data.[BN]
ZEROED-IN TECHNOLOGIES: Pierce Suit Transferred to D. Maryland
--------------------------------------------------------------
The case styled as Nicholas Pierce, Misty Hunter, on behalf of
himself and all others similarly situated v. Zeroed-In
Technologies, LLC, Dollar Tree Stores Inc., Case No. 2:23-cv-01132
was transferred from the U.S. District Court for the Middle
District of Florida, to the U.S. District Court for the District of
Maryland on Feb. 21, 2024.
The District Court Clerk assigned Case No. 1:24-cv-00510-BAH to the
proceeding.
The nature of suit is stated as Other Personal Property for
Personal Injury.
Zeroed-In Technologies -- https://www.zeroedin.com/ -- is an
innovative technology company that helps clients make better use of
their own HR, talent, and business data.[BN]
ZEROED-IN TECHNOLOGIES: Pounds Suit Transferred to D. Maryland
--------------------------------------------------------------
The case styled as Phillis Pounds, individually and on behalf of
all others similarly situated v. Zeroed-In Technologies, LLC,
Dollar Tree Stores Inc., Case No. 2:23-cv-01151 was transferred
from the U.S. District Court for the Middle District of Florida, to
the U.S. District Court for the District of Maryland on Feb. 22,
2024.
The District Court Clerk assigned Case No. 1:24-cv-00512-BAH to the
proceeding.
The nature of suit is stated as Other Statutory Actions for
Declaratory Judgment.
Zeroed-In Technologies -- https://www.zeroedin.com/ -- is an
innovative technology company that helps clients make better use of
their own HR, talent, and business data.[BN]
The Plaintiff is represented by:
Kenneth L Chernof, Esq.
ARNOLD AND PORTER LLP
601 Massachusetts Avenue, N.W.
Washington, DC 20001
Phone: (202) 942-5000
Fax: (202) 942-5999
Email: ken.chernof@arnoldporter.com
ZEROED-IN TECHNOLOGIES: Stanley Suit Transferred to D. Maryland
---------------------------------------------------------------
The case styled as Kenneth Stanley, on individually and on behalf
of all others similarly situated v. Zeroed-In Technologies, LLC,
Dollar Tree Stores Inc. doing business as: Dollar Tree, Family
Dollar, LLC, Case No. 2:23-cv-01131 was transferred from the U.S.
District Court for the Middle District of Florida, to the U.S.
District Court for the District of Maryland on Feb. 21, 2024.
The District Court Clerk assigned Case No. 1:24-cv-00508-BAH to the
proceeding.
The nature of suit is stated as Other Contract for Contract
Default.
Zeroed-In Technologies -- https://www.zeroedin.com/ -- is an
innovative technology company that helps clients make better use of
their own HR, talent, and business data.[BN]
*********
S U B S C R I P T I O N I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania,
USA, and Beard Group, Inc., Washington, D.C., USA. Rousel Elaine T.
Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L.
Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors.
Copyright 2024. All rights reserved. ISSN 1525-2272.
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Information contained herein is obtained from sources believed to
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