/raid1/www/Hosts/bankrupt/CAR_Public/240307.mbx
C L A S S A C T I O N R E P O R T E R
Thursday, March 7, 2024, Vol. 26, No. 49
Headlines
51 ST. & 8TH AVE: Class Cert Bid Filing in Solis Due August 6
ACCORD HEALTHCARE: Direct Purchasers' Class Status Bid OK'd
ADIDAS AMERICA: Filing for Class Status Bid in Wilmer Due August 1
AETNA LIFE: Allowed Leave to File Portions of Class Cert Opposition
BANK OF AMERICA: Must Oppose Nelson Class Cert Bid by March 25
BCE-MACH II: Joint Bid to Stay Proceedings in Scott Suit OK'd
CIGNA HEALTH: Order to Retain Confidentiality Designations Entered
EIDP INC: Faces Multiple Suits Over Water Contamination
EPIC LANDSCAPE: Plaintiffs Seek to Substitute Exhibit in Gomez Suit
FLORIDA INSURANCE: Bid to Bifurcate Discovery in Negrete Denied
FORD MOTOR: Class Cert Hearing in Lessing Suit Set for June 6
FORD MOTOR: Seeks to Seal Class Cert Bid Documents in Lessin Suit
HARBOR FREIGHT: Hammock Suit Settled
HARTFORD FINANCIAL: Class Cert Schedule Modified in RCC Suit
HOMEAGLOW INC: Appeals Arbitration Bid Denial in Seneca Suit
HONEYWELL INT'L: Steward Can Amend Bid to Certify Class
IBM: Opposition Brief in Doheny Class Action Due April
INMAR INC: Case Stayed Pending Interlocutory Appeal in Dee Suit
ISAAC OUAZANA: Must Oppose Layani Class Cert Bid by March 8
JOHN RUSSELL: Summary Judgment Bid in Bowers Suit Due June 20
JOHNS MANVILLE: Bid for Class Certification Due Feb. 3, 2025
JOSE GARZA: Seeks More Time to File Class Cert Response
MDL 2918: EUPs Seek to Seal Docs in HDD Suspension Antitrust Suit
MEADOW LARK: Robinson Suit Seeks to Certify Former Employee Class
NCAA: Hubbard Seeks to Certify Class of College Athletes
NEVADA: Court Tosses McGuire Class Certification Bid
PROGRESSIVE DIRECT: Parties Seek to Maintain Opposition Under Seal
REGENT UNIVERSITY: Class Cert Discovery in Lyman Due Sept. 30
ROCKET COMPANIES: Bid to Modify Case Schedule Granted in Part
SELLARS ABSORBENT: Filing for Class Cert Bid Due June 12
TD BANK: Nelipa Class Cert Bid Referred to Magistrate Judge
TGC LLC: Parties Must Confer Class Cert Deadlines in Huang Suit
TRANSAMERICA CORP: Court Dismisses Smith Suit with Prejudice
TRUMP CORPORATION: Sealing Requests Timely Filed, Court Says
UNITED SERVICES: Filing for Class Cert Bid in Tomczak Due August 2
UPSTART HOLDINGS: Seeks to Modify Class Cert Briefing Deadline
WESTERN CONFERENCE: Class Cert Discovery Deadline Due June 14
[*] 8th Annual Class Action Conference in May, Register Today!
*********
51 ST. & 8TH AVE: Class Cert Bid Filing in Solis Due August 6
-------------------------------------------------------------
In the class action lawsuit captioned as ROSA SOLIS, an individual,
on behalf of herself, and on behalf of all persons similarly
situated, v. 51 ST. & 8TH AVE. CORP, et al., Case No.
3:23-cv-01161-JES-MMP (S.D. Cal.), the Hon. Judge Michelle M.
Pettit entered an order directing any motion to join other parties,
amend the pleadings, or file additional pleadings shall be filed by
April 5, 2024.
-- Fact and class discovery are not bifurcated; however, all
discovery related to class certification must be completed by
July
8, 2024.
"Completed" means that all discovery requests governed by Rules
30–36 of the Federal Rules of Civil Procedure, and discovery
subpoenas under Rule 45, must be propounded sufficiently in
advance of the discovery cut-off date so that they may be
completed by that date, taking into account the time permitted
in
the Rules for service, notice, and responses.
-- The Plaintiff(s) must file a motion for class certification by
Aug. 6, 2024.
51 St Street provides hotel services.
A copy of the Court's order dated Feb. 6, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=ZLlI01 at no extra
charge.[CC]
ACCORD HEALTHCARE: Direct Purchasers' Class Status Bid OK'd
-----------------------------------------------------------
In the class action lawsuit re: Seroquel XR (Extended-Release
Quetiapine Fumarate) Antitrust Litigation, Case No.
1:20-cv-01076-CFC (D. Del.), the Hon. Judge Colm F. Connolly
entered an order granting the direct purchaser Class Plaintiffs'
motion for class certification.
Pursuant to Fed. R. Civ. P. 23(c)(1)(B), the Class is defined as:
All persons or entities in the United States, including its
Territories possessions, and the Commonwealth of Puerto
Rico,
who purchased 50 mg, 100 mg, 200 mg and/or 300 mg strength
or
brand generic Seroquel XR directly from any of the
Defendants
at any time from August 2, 2015 until April 30, 2017.
Excluded from the Class are Defendants and their officers,
directors, management and employees, predecessors, subsidiaries and
affiliates, and all federal governmental entities.
The Plaintiffs J M Smith Corporation d/b/a, Smith Drug Company and
KPH Healthcare Services, Inc. a/k/a Kinney Drugs, Inc. are hereby
appointed as representatives of the Class.
The Defendants include Accord Healthcare Inc., Pharmaceuticals LLC,
AstraZeneca Pharmaceuticals L.P., AstraZeneca L.P. and AstraZeneca
UK Ltd.
The Court appoints Garwin Gerstein & Fisher LLP as Lead Counsel for
the Class pursuant to Fed. R. Civ. P. 23(c)(1)(B) and 23(g)
A copy of the Court's order dated Feb. 6, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=4GJp03 at no extra
charge.[CC]
ADIDAS AMERICA: Filing for Class Status Bid in Wilmer Due August 1
------------------------------------------------------------------
In the class action lawsuit captioned as WILMER HERNANDEZ, v.
ADIDAS AMERICA, INC., Case No. 2:23-cv-02671-DJC-AC (E.D. Cal.),
the Hon. Judge Daniel J. Calabretta entered a scheduling order as
follows:
-- All fact and expert discovery shall be Jan. 16, 2026
Completed no later than:
-- Any motion for class certification shall Aug. 1, 2025
be filed no later than:
-- Plaintiff's motion for class certification Oct. 16, 2025
shall be noticed for hearing on:
-- The Defendant's opposition shall be filed Aug. 12, 2025
no later than:
-- The Plaintiff's reply, if any, shall be Aug. 26, 2025
filed no later than:
-- If Defendant chooses to file a motion Feb. 20, 2025
for summary judgment before Plaintiff
moves for class certification, the motion
shall be filed no later than:
Adidas designs and markets apparel products.
A copy of the Court's order dated Feb. 6, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=QQ9I9O at no extra
charge.[CC]
AETNA LIFE: Allowed Leave to File Portions of Class Cert Opposition
-------------------------------------------------------------------
In the class action lawsuit captioned as ANDREW HOWARD, on behalf
of himself and all others similarly situated, v. AETNA LIFE
INSURANCE COMPANY, Case No. 2:22-cv-01505-CJC-MRW (C.D. Cal.), the
Hon. Judge Cormac J. Carney entered an order granting Aetna's
unopposed application for leave to file portions of opposition to
the Plaintiff's renewed motion to certify class action and
supporting exhibits under seal.
Aetna offers health insurance, as well as dental, vision and other
plans.
A copy of the Court's order dated Feb. 6, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=GrlGwT at no extra
charge.[CC]
BANK OF AMERICA: Must Oppose Nelson Class Cert Bid by March 25
--------------------------------------------------------------
In the class action lawsuit captioned as GARY NELSON and KAYLEIGH
POTTER, individually and on behalf of all others similarly
situated, v. BANK OF AMERICA, NATIONAL ASSOCIATION, Case No.
5:23-cv-00255-JS (E.D. Pa.), the Hon. Judge Juan R. Sanchez entered
an amended scheduling order as follows:
1. The Plaintiff shall file their Motion for Feb. 22, 2024
Class Certification on or before:
2. The Defendant shall file its Opposition March 25, 2024
to Class Certification Motion on or
before:
3. The Plaintiffs shall file any Reply to April 8, 2024
Class Certification Motion on or
Before:
4. Any dispositive motion(s) shall be Feb. 22, 2024
filed by:
5. Any opposition to dispositive motions March 25, 2024
shall be filed by:
6. Any reply in support of dispositive April 8, 2024
motions shall be filed by:
Bank of America is an American multinational investment bank and
financial services holding company.
A copy of the Court's order dated Feb. 6, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=J1SiZf at no extra
charge.[CC]
BCE-MACH II: Joint Bid to Stay Proceedings in Scott Suit OK'd
-------------------------------------------------------------
In the class action lawsuit captioned as Frederick M. Scott, III,
Trustee of the Scott Family Trust and Wake Energy, LLC, on behalf
of themselves and all others similarly situated, v. BCE-Mach II
LLC, Case No. 5:23-cv-00264-R (W.D. Okla.), the Hon. Judge David L.
Russell entered an order granting the Parties' joint motion to stay
the proceedings, pending the outcome of a mediation scheduled for
April 4, 2024.
The Court further ordered that the parties file a status report by
April 18, 2024, advising whether the case has settled. If so, the
report shall provide a tentative timeline for court approval of the
settlement. If not, the report shall propose a new class
certification
scheduling order.
BCE-Mach provides petroleum refining services.
A copy of the Court's order dated Feb. 6, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=9VzmeK at no extra
charge.[CC]
CIGNA HEALTH: Order to Retain Confidentiality Designations Entered
------------------------------------------------------------------
In the class action lawsuit captioned as RJ, et al., v. CIGNA
HEALTH AND LIFE INSURANCE COMPANY, et al., Case No.
5:20-cv-02255-EJD (N.D. Cal.), the Hon. Judge Virginia K. Demarchi
entered an order regarding the Defendants' motion to retain
confidentiality designations.
The Court directs the parties to confer regarding efficient means
to document the confidentiality designations that apply to these
three documents, in view of this decision, for purposes of
discovery and, if appropriate, their respective submissions
regarding class certification.
As a general matter, the Court agrees with defendants that
disclosure of the categories of information defendants identify --
PHI, claims data, and defendants’ fees, rates, and pricing
methodologies -- may result in particularized harm to defendants
and others. Thus, the Court considers the other relevant factors.
The Plaintiffs and defendants disagree regarding whether certain
portions of three documents should be designated as confidential
under the stipulated protective order in this case.
The three documents at issue are: (1) the expert report of
defendants' expert Laurence Baker; (2) the declaration of Sean
Crandell, Senior Vice President of Healthcare Economics for
defendant MultiPlan; and (3) the expert report of plaintiffs'
expert Research & Planning Consultants, LP.
Cigna offers life and health insurance services.
A copy of the Court's order dated Feb. 6, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=Dxmmww at no extra
charge.[CC]
EIDP INC: Faces Multiple Suits Over 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 June 1, 2023,
approximately 700 aqueous firefighting foams (AFFF) product
liability cases have been filed relating to U.S. public water
systems.
These were included as part of a June 1, 2023 settlement where
EIDP, Inc., together with other defendants entered into a binding
agreement in principle to comprehensively resolve all drinking
water claims related to per- and polyfluoroalkyl substances (PFAS)
contamination of U.S. public water systems that serve the vast
majority of the United States population. The federal district
court in South Carolina granted preliminary approval of the class
settlement on August 22, 2023.
Approximately 6,200 cases have been filed against EIDP alleging
environmental contamination and/or personal injury from the use of
aqueous firefighting foams. The vast majority of these cases have
been transferred to a multi-district litigation proceeding in
federal district court in South Carolina. Approximately 4,800 of
the cases in the SC MDL were filed on behalf of firefighters who
allege personal injuries (primarily prostate, kidney and testicular
cancer) as a result of exposure to aqueous firefighting foams.
EIDP, Inc., formerly known as DuPont de Nemours, Inc., commonly
shortened to DuPont, is a multinational chemical company.
EPIC LANDSCAPE: Plaintiffs Seek to Substitute Exhibit in Gomez Suit
-------------------------------------------------------------------
In the class action lawsuit captioned as JOSE GONZALEZ GOMEZ, Jesus
Salvador Hernandez-Devora, et. al. On behalf of themselves, and all
other persons similarly situated, v. EPIC LANDSCAPE PRODUCTIONS,
L.C., et. al., Case No. 2:22-cv-02198-JAR-ADM (D. Kan.), the
Plaintiffs ask the Court to enter an order amending by substitution
the submitted Exhibit.
On Dec. 23, 2023, the Plaintiffs filed a Motion for Class
Certification pursuant to Fed. R. Civ. P. 23. In support of their
motion, Plaintiffs attached numerous exhibits, including a
provisionally sealed Exhibit, ECF Doc. 148-1.
After reviewing the filings, the Plaintiffs' counsel noticed that
Doc. No. 148-1 was an incomplete exhibit.
The Plaintiffs now wish to substitute the incomplete Doc. No. 148-1
with the full version.
The Plaintiffs contacted the Clerk's office, who advised that in
order to substitute the Exhibit, a Motion must be filed.
EPIC specializes in designing and building creative, functional and
fabulous landscapes.
A copy of the Plaintiffs' motion dated Feb. 7, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=dbpWuP at no extra
charge.[CC]
The Plaintiffs are represented by:
Michael Hodgson, Esq.
THE HODGSON LAW FIRM, LLC
3609 SW Pryor Rd.
Lee's Summit, MO 64082
E-mail: mike@thehodgsonlawfirm.com
- and -
Timothy R. West, Esq.
BERTRAM & GRAF, L.L.C.
2345 Grand Boulevard, Suite 1925
Kansas City, MO 64108
Telephone: (816) 523-2205
Facsimile: (816) 523-8258
E-mail: tim@bertramgraf.com
FLORIDA INSURANCE: Bid to Bifurcate Discovery in Negrete Denied
---------------------------------------------------------------
In the class action lawsuit captioned as DANIEL NEGRETE,
individually and on behalf of all others similarly situated, v.
FLORIDA INSURANCE SERVICES, INC. d/b/a SENIOR LIFE SERVICES, INC.,
Case No. 4:23-cv-00251-RGE-SBJ (S.D. Iowa), the Hon. Judge Stephen
B. Jackson, Jr. entered an order denying the Motion to Bifurcate
Discovery.
The Court notes that the Defendant is not foreclosed from
proceeding with its own discovery in an expeditious, focused manner
and submitting dispositive matters for the Court's consideration
when appropriate. But at the same time, Defendant must proceed with
responding to Plaintiff's discovery requests as appropriate.
The Plaintiff brought this action under the Telephone Consumer
Protection Act ("TCPA") alleging the Defendant made solicitation
calls to Plaintiff and others similarly situated whose phone
numbers were registered on the National Do Not Call Registry.
A copy of the Court's order dated Feb. 6, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=tq8BII at no extra
charge.[CC]
FORD MOTOR: Class Cert Hearing in Lessing Suit Set for June 6
-------------------------------------------------------------
In the class action lawsuit captioned as Lessin v. Ford Motor
Company et al., Case No. 3:19-cv-01082 (S.D. Cal., Filed June 10,
2019), the Hon. Judge Anthony J. Battaglia entered an order setting
briefing schedule regarding Ford's motion to seal documents
attached to theg Plaintiffs' motion for class certification:
-- Responses due by: Feb. 21, 2024
-- Replies due by: Feb. 28, 2024
-- Sur-replies will not be accepted.
-- Motion Hearing set for: June 6, 2024
The nature of suit states Contract -- Contract Product Liability.
Ford is an American multinational automobile manufacturer
headquartered in Dearborn, Michigan.[CC]
FORD MOTOR: Seeks to Seal Class Cert Bid Documents in Lessin Suit
-----------------------------------------------------------------
In the class action lawsuit captioned as WILLIAM LESSIN, CAROL
SMALLEY, et al., on behalf of themselves and all others similarly
situated, v. FORD MOTOR COMPANY, a Delaware corporation; and Does 1
through 10, inclusive, Case No. 3:19-cv-01082-AJB-AHG (S.D. Cal.),
the Defendant asks the Court to enter an order sealing the 101
documents to the Plaintiffs' Motion for Class Certification.
The documents at issue are deserving of protection through sealing
because they are Ford confidential business information and trade
secrets and reveal methods and processes that Ford independently
developed and has maintained as confidential and secret to Ford.
The documents at issue are categorized below as regarding: (1)
Design and Development; (2) Root Cause Analysis and Investigation;
(3) Warranty; and (4) Cost and Financial Information related to the
suspension system in 2005-2019 Ford Super Duty trucks.
The Plaintiffs allege damages of $5,000,000, in the aggregate, on
individual claims that Ford vehicles contain a suspension system
defect.
Ford is an American multinational automobile manufacturer.
A copy of the Defendants' motion dated Feb. 6, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=pEpsuw at no extra
charge.[CC]
The Plaintiff is represented by:
The Defendants are represented by:
Randall W. Edwards, Esq.
Amy Laurendeau, Esq.
Kelsey M. Larson, Esq.
O'MELVENY & MYERS LLP
Two Embarcadero Center, 28th Floor
San Francisco, CA 94111
Telephone: (415) 984-8700
E-mail: redwards@omm.com
alaurendeau@omm.com
klarson@omm.com
HARBOR FREIGHT: Hammock Suit Settled
------------------------------------
In the class action lawsuit captioned as Hammock v. Harbor Freight
Tools USA, Inc., Case No. 4:22-cv-00312 (W.D. Mo., Filed May 10,
2022), the Hon. Judge Stephen R. Bough entered an order denying
motion to certify class due to the settlement of the case.
The nature of suit states Torts -- Personal Property -- Property
Damage Product Liability.
Harbor Freight is an American privately held tool and equipment
retailer.[CC]
HARTFORD FINANCIAL: Class Cert Schedule Modified in RCC Suit
------------------------------------------------------------
In the class action lawsuit captioned as REJOICE! COFFEE COMPANY,
LLC, a California limited liability company, on behalf of itself
and all others similarly situated, v. THE HARTFORD FINANCIAL
SERVICES GROUP, INC., a Delaware corporation; SENTINEL INSURANCE
COMPANY, LTD., a Connecticut corporation, Case No.
3:20-cv-06789-EMC (N.D. Cal.), the Parties ask the Court to enter
an order modifying the current class certification schedule as
follows:
-- Motion to Exclude Testimony of Peter A. Scourtis Briefing
Schedule
Opposition: Feb 23, 2024
Reply: March 8, 2024
-- Motion for Summary Judgment Briefing Schedule
Opposition: March 1, 2024
Reply: March 22, 2024
On Dec. 18, 2023, Rejoice filed a Motion for Class Certification,
which is currently scheduled for hearing on March 14, 2024.
On Jan. 23, 2024, the Defendants filed a Motion to Exclude
Testimony of Peter A. Scourtis, in connection with their opposition
to Rejoice's
Motion for Class Certification, which is currently scheduled for
hearing on March 14, 2024.
Hartford is a provider of insurance and wealth management
services.
A copy of the Court's order dated Feb. 7, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=tVjhUC at no extra
charge.[CC]
The Plaintiff is represented by:
Daniel L. Rottinghaus, Esq.
Fredrick A. Hagen, Esq.
Gordon A. Walters, SBN 272683
BERDING & WEIL LLP
2175 N. California Blvd, Suite 500
Walnut Creek, CA 94596
Telephone: (925) 838-2090
Facsimile: (925) 820-5592
E-mail: drottinghaus@berdingweil.com
fhagen@berdingweil.com
gwalters@berdingweil.com
- and -
David M. Birka-White, Esq.
Laura Carrier, Esq.
BIRKA-WHITE LAW OFFICES
178 E. Prospect Avenue
Danville, CA 94526
Telephone: (925) 362-9999
Facsimile: (925) 362-9970
E-mail: dbw@birka-white.com
lcarrier@birka-white.com
The Defendants are represented by:
Ryan M. Chabot, Esq.
WILMER CUTLER PICKERING
HALE AND DORR LLP
1875 Pennsylvania Avenue NW
Washington, DC 20006
HOMEAGLOW INC: Appeals Arbitration Bid Denial in Seneca Suit
------------------------------------------------------------
Homeaglow Inc. filed an appeal from the District Court's Order
dated February 7, 2024 entered in the lawsuit styled SETH SENECA
and LISA ANDOH, on behalf of themselves and all others similarly
situated, Plaintiff v. HOMEAGLOW, INC. D/B/A DAZZLING CLEANING and
DOES 1100, Defendants, Case No. 8:23-cv-02308-CJC-ADS, in the
United States District Court for the Central District of
California.
Plaintiffs Seth Seneca and Lisa Andoh filed this putative class
action against Defendant Homeaglow for several claims related to
false advertising and misrepresentations on its business website.
Homeaglow is a cleaning services company that operates via its two
identical websites -- one operating under the name Homeaglow and
one under the name Dazzling Cleaning. Homeglow advertises "Get
Clean for $19," promising "a limited number of deeply discounted
cleanings in select areas just for trying [Homeaglow] out." The
Plaintiffs' claims arise from Homeaglow's alleged failure to
mention that when a consumer books a discounted cleaning, they are
also charged $49 per month for an automatically-renewing membership
called the Forever Clean Membership. The Plaintiffs allege that
Homeaglow deceitfully imposes this membership upon consumers as
part of what the consumer understands to be a one-off transaction
for a single discounted cleaning. Additionally, the terms and
conditions of the Membership -- including Homeaglow's arbitration
provision -- are not presented to the consumer in a clear and
conspicuous manner, say the Plaintiffs. Both Seneca and Andoh
purchased from Homeaglow discounted cleanings and, inadvertently,
Forever Clean Memberships. Neither was aware that they were
purchasing a renewing membership for an alleged fee beyond the
advertised one-time $19 cleaning.
After removing the case to federal court on December 7, 2023,
Homeaglow moved to compel arbitration on January 12, 2024 based on
the arbitration provision in Homeaglow's terms and conditions.
On January 19, the Plaintiffs filed their first amended complaint
against the Defendants.
On February 7, Judge Cormac J. Carney entered an Order denying
Defendant's motion to compel arbitration. The court said that
whether because of their inconspicuousness or because of
Homeaglow's failure to incorporate them into its contracts with
consumers, Plaintiffs are not subject to Homeaglow's belated terms
and conditions, including its mandatory arbitration provision.
The appellate case is captioned as Homeaglow Inc. v. Seneca, et
al., Case No. 24-887 in the United States Court of Appeals for the
Ninth Circuit, filed on February 20, 2024.
The briefing schedule in the Appellate Case states that:
-- Mediation Questionnaire for Appellant was due on February 26,
2024;
-- Appeal Opening Brief for Appellant is due on April 3, 2024;
-- Appeal Answering Brief for Appellee is due on May 3, 2024;
and
-- All briefs shall be served and filed pursuant to Federal
Rules of Appellate Procedure 31 and 9th Cir. R. 31-2.1. Failure of
the petitioner(s)/appellant(s) to comply with this briefing
schedule will result in automatic dismissal of the appeal.[BN]
Defendant-Appellant HOMEAGLOW INC, a Delaware corporation doing
business as Dazzling Cleaning, is represented by:
Jennifer Bryant, Esq.
MUNGER, TOLLES & OLSON, LLP
350 S Grand Avenue 50th Floor
Los Angeles, CA 90071
Telephone: (213) 683-9100
E-mail: jennifer.bryant@mto.com
Plaintiffs-Appellees SETH SENECA and LISA ANDOH, on behalf of
themselves and all others similarly situated, are represented by:
Patsy Jordan Belcastro, Esq.
Craig M. Nicholas, Esq.
Shaun Andrew Markley, Esq.
NICHOLAS AND TOMASEVIC, LLP
225 Broadway UNIT 1900
San Diego, CA 92101
Telephone: (619) 325-0492
E-mail: jbelcastro@nicholaslaw.org
cnicholas@nicholaslaw.org
smarkley@nicholaslaw.org
HONEYWELL INT'L: Steward Can Amend Bid to Certify Class
-------------------------------------------------------
In the class action lawsuit captioned as Steward, et al., v.
Honeywell International, Inc., Case No. 3:18-cv-01124 (S.D. Ill.,
Filed May 16, 2018), the Hon. Staci M. Yandle Judge entered an
order granting unopposed motion to amend/correct motion to certify
class and memorandum in support.
The nature of suit states Torts -- Personal Injury -- Other
Personal Injury.
Honeywell provides aerospace products and services, control,
sensing and security technologies.[CC]
IBM: Opposition Brief in Doheny Class Action Due April
-------------------------------------------------------
In the class action lawsuit captioned as Doheny v. International
Business Machines, Corp. et al., Case No. 1:23-cv-03962 (S.D.N.Y..
Filed May 11, 2023), the Hon. Judge Ronnie Abrams entered an order
withdrawing without prejudice motion to certify class.
-- The Plaintiffs' request for leave to withdraw their motion is
granted. The Plaintiffs are directed to file a renewed motion
for
issuance of notice by March 4, 2024.
-- The Defendant(s) may file an opposition brief by April 4, 2024,
and any reply brief is due April 18, 2024.
-- The parties shall otherwise comply with the Individual
Practices
of Judge Netburn.
-- Separately, if the parties wish to schedule a settlement
conference, they may jointly contact Courtroom Deputy Diljah
Shaw
at diljah_shaw@nysd.uscourts.gov.
The nature of suit states Civil Rights -- Employment.
International Business is American computer manufacturer.[CC]
INMAR INC: Case Stayed Pending Interlocutory Appeal in Dee Suit
---------------------------------------------------------------
In the class action lawsuit captioned as MR. DEE'S INC., RETAIL,
MARKETING SERVICES, INC., and CONNECTICUT FOOD ASSOCIATION, v.
INMAR, INC., CAROLINA, MANUFACTURER'S SERVICES, INC., CAROLINA
SERVICES, and CAROLINA COUPON CLEARING, INC., Case No.
1:19-cv-00141-WO-LPA (M.D.N.C.), the Hon. Judge William L. Osteen,
Jr. entered an order staying the case pending a decision on
Plaintiffs' interlocutory appeal.
On Nov. 6, 2023, the United States Court of Appeals for the Fourth
Circuit granted permission to appeal. The Defendants did not
respond to the motion separately but advised that they "do not
disagree that the matter is not ready for trial."
The Court entered an order that the Plaintiffs' Unopposed Notice
Regarding Stay of Case Pending Appeal of Class Certification
Order is granted and this case is stayed pending a final decision
by the United States Court of Appeals for the Fourth Circuit.
Inmar develops technology and data analytics services.
A copy of the Court's order dated Feb. 6, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=S1bhQA at no extra
charge.[CC]
ISAAC OUAZANA: Must Oppose Layani Class Cert Bid by March 8
-----------------------------------------------------------
In the class action lawsuit captioned as Layani, et al., v.
Ouazana, et al., Case No. 1:20-cv-00420 (D. Md., Filed Feb. 19,
2020), the Hon. Judge Stephanie A. Gallagher entered an order
providing deadline of March 8, 2024 for the Defendants to oppose
the Plaintiffs' motion for class certification and a reply deadline
of April 4, 2024.
Accordingly, due to the Defendants' early submission of their
opposition, the modified deadline for the Plaintiffs' Reply to
Defendants Class Certification Opposition is March 8, 2024.
The nature of suit states Racketeer Influenced and Corrupt
Organizations (RICO) Act.
JOHN RUSSELL: Summary Judgment Bid in Bowers Suit Due June 20
-------------------------------------------------------------
In the class action lawsuit captioned as Rita Bowers, et al., v.
John H. Russell, et al., Case No. 1:22-cv-10457 (D, Mass., Filed
March 25, 2022), the Hon. Judge Patti B. Saris entered an order
setting Scheduling Order as follows:
-- Amended Pleadings due by: April 26, 2024
-- Fact Discovery to be completed by: Dec. 20, 2024
-- Class Certification Motion Due by: June 28, 2024
-- Opposition due by: Aug. 9, 2024
-- Replies due by: Aug. 30, 2024
-- Summary Judgment Motion due by: June 20, 2025
The suit alleges violation of the Employee Retirement Income
Security Act.[CC]
JOHNS MANVILLE: Bid for Class Certification Due Feb. 3, 2025
------------------------------------------------------------
In the class action lawsuit captioned as Fabian Martinez, an
individual, on behalf of himself and on behalf of all persons
similarly situated, v. Johns Manville, a Corporation; and Does 1
through 50 inclusive, Case No. 2:23-cv-01042-KJM-DB (E.D. Cal.),
the Hon. Judge Kimberly J. Mueller entered an order granting joint
stipulation to continue deadlines set by court at initial status
conference:
a. Pre-Class Certification Motions: Oct. 4, 2024
b. Fact Discovery Cutoff: Jan. 3, 2025
c. Motion for Class Certification: Feb. 3, 2025
Johns manufactures insulation, roofing materials and engineered
products.
A copy of the Court's order dated Feb. 6, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=oh60GB at no extra
charge.[CC]
The Plaintiffs are represented by:
Norman B. Blumenthal, Esq.
Kyle R. Nordrehaug, Esq.
Aparajit Bhowmik, Esq.
Piya Mukherjee, Esq.
Charlotte James, Esq.
BLUMENTHAL NORDREHAUG BHOWMIK DE BLOUW LLP
2255 Calle Clara
La Jolla, CA 92037
Telephone: (858) 551-1223
Facsimile: (858) 551-1232
E-mail: norm@bamlawca.com
The Defendants are represented by:
Malcolm A. Heinicke, Esq.
MUNGER, TOLLES & OLSON LLP
560 Mission Street, 27th Floor
San Francisco, California 94105
Telephone: (415) 512-4000
Facsimile: (415) 512-4077
E-mail: Malcolm.Heinicke@mto.com
- and -
Katherine M. Forster, Esq.
Erica C. Tooch, Esq.
MUNGER, TOLLES & OLSON LLP
350 South Grand Avenue, 50th Floor
Los Angeles, CA 90071
Telephone: (213) 683-9100
Facsimile: (213) 687-3702
E-mail: Katherine.Forster@mto.com
Erica.Tooch@mto.com
JOSE GARZA: Seeks More Time to File Class Cert Response
-------------------------------------------------------
In the class action lawsuit captioned as Fund Texas Choice, et al.,
v. Jose Garza, et al Case No. 1:22-cv-00859-RP (W.D. Tex.), the
Defendant asks the Court to enter an order granting an extension of
time to file a response to the plaintiffs' amended motion for
certification of a Defendant class and appointment of class
representatives and class
Counsel.
The Plaintiffs filed their Amended Motion for Certification of
Defendant Class and Appointment of Class Representatives and Class
Counsel on Jan. 25, 2024. The Defendant Palacios's deadline to file
a response is Thursday, Feb. 8, 2024.
A copy of the Defendant's motion dated Feb. 6, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=ughIct at no extra
charge.[CC]
The Defendant is represented by:
Leigh Ann Tognetti, Esq.
Josephine Ramirez-Solis, Esq.
ASSISTANT DISTRICT ATTORNEY
TORIBO "TERRY" PALACIOS
CRIMINAL DISTRICT ATTORNEY
HIDALGO COUNTY, TEXAS
100 E. Cano, First Floor
Hidalgo County Courthouse Annex III
Edinburg, TX 78539
Telephone: (956) 292-7609
Facsimile: (956) 318-2301
E-mail: josephine.ramirez@da.co.hidalgo.tx.us
leigh.tognetti@da.co.hidalgo.tx.us
MDL 2918: EUPs Seek to Seal Docs in HDD Suspension Antitrust Suit
-----------------------------------------------------------------
In the class action lawsuit re: Hard Disk Drive Suspension
Assemblies Antitrust Litigation, Case No. 3:19-md-02918-MMC (N.D.
Cal.), the End-user Plaintiffs (EUPs) ask the Court to enter an
order granting administrative motion to consider whether another
Party's material should be sealed pursuant to civil local Rule
79-5(f).
EUPs are required to file these documents under seal pursuant to
the Stipulated Protective Order, because materials contained
therein are derived from documents and other information designated
"Confidential" or "Highly Confidential" by third party Western
Digital.
A copy of the Plaintiffs' motion dated Feb. 6, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=rqqMkm at no extra
charge.[CC]
The Plaintiffs are represented by:
Christopher T. Micheletti, Esq.
Qianwei Fu, Esq.
ZELLE LLP
555 12th Street, Suite 1230
Oakland, CA 94607
Telephone: (415) 693-0700
Facsimile: (415) 693-0770
E-mail: cmicheletti@zellelaw.com
qfu@zellelaw.com
- and -
William V. Reiss, Esq.
Ellen Jalkut, Esq.
ROBINS KAPLAN LLP
1325 Avenue of the Americas, Suite 2601
New York, NY 10019
Telephone: (212) 980-7400
Facsimile: (212) 980-7499
E-mail: wreiss@robinskaplan.com
ejalkut@robinskaplan.com
MEADOW LARK: Robinson Suit Seeks to Certify Former Employee Class
-----------------------------------------------------------------
In the class action lawsuit captioned as CONNOR ROBINSON and LAUREN
OLABY on behalf of themselves and all others similarly situated, v.
MEADOW LARK AGENCY, INC., Case No. 1:23-ap-01006-BPH (D. Mont.),
the Plaintiffs ask the Court to enter an order:
(a) Certifying a class comprised of all former employees of
Debtor
who worked at, reported to, or received assignments from the
Debtor's facility, in Billings, MT and were terminated
without
cause on their part, on or about October 13, 2023, within 30
days of that date or thereafter as part of, or as the
reasonably expected consequence of the mass layoff and/or
plant
closing (as defined by the Worker Adjustment and Retraining
Notification ("WARN") Act) at the Facility and who do not
file
a timely request to opt-out of the class;
(b) Appointing Plaintiffs Connor Robinson and Lauren Olaby as
Class
Representatives;
(c) Appointing Lankenau & Miller, LLP, The Gardner Firm, P.C.
and
Boone Karlberg P.C. as Class Counsel;
(d) Approving the form and manner of Notice to the Class, and
(e)
granting such other and further relief as this Court may
deem
proper.
Meadow offers transportation services.
A copy of the Plaintiffs' motion dated Feb. 7, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=EU5VPF at no extra
charge.[CC]
The Plaintiffs are represented by:
Christopher L. Decker, Esq.
Elliott D. McGill, Esq.
BOONE KARLBERG P.C.
201 West Main, Suite 300
Missoula, MT 59807-9199
Telephone: (406) 543-6646
E-mail: cdecker@boonekarlberg.com
emcgill@boonekarlberg.com
- and -
Stuart J. Miller, Esq.
LANKENAU & MILLER, LLP
100 Church Street, 8th Floor
New York, NY 10007
Telephone: (212) 581-5005
E-mail: stuart@lankmill.com
- and -
Mary E. Olsen, Esq.
M. Vance McCrary, Esq.
THE GARDNER FIRM, PC
182 St. Francis Street, Suite 103
Mobile, AL 36602
Telephone: (251) 433-8100
E-mail: molsen@thegardnerfirm.com
vmccrary@thegardnerfirm.com
NCAA: Hubbard Seeks to Certify Class of College Athletes
--------------------------------------------------------
In the class action lawsuit captioned as CHUBA HUBBARD and KEIRA
MCCARRELL, on behalf of themselves and all others similarly
situated, v. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION; ATLANTIC
COAST CONFERENCE; THE BIG TEN CONFERENCE, INC.; THE BIG 12
CONFERENCE, INC.; PAC-12 CONFERENCE; and SOUTHEASTERN CONFERENCE,
Case No. 4:23-cv-01593-CW (N.D. Cal.), the Plaintiffs request that
the Court certify the proposed class under Rules 23(a) and (b)(3):
"All current and former college athletes who competed on an
athletic team at a college or university while that college or
university was a member of one of the Power Five Conferences or
Big
East Conference (including Notre Dame, but excluding Georgetown)
at
any time between the beginning of the 2019-2020 academic year
and
the end of the 2021-2022 academic year who met, during the
damages
period, the contemporaneously measured requirements that would
have
qualified the athlete to receive an Academic Achievement Award
under the criteria their schools set for qualifying for such an
Award during the 2022-2023 academic year."
The Class excludes individuals who released their damages claims
as
part of the Settlement Agreement in In re NCAA Grant-in-Aid Cap
Antitrust Litigation, Case No. 14-md-02541-CW (N.D. Cal. Dec. 6,
2017).
The Class excludes the officers, directors, and employees of
Defendants. The Class also excludes all judicial officers
presiding
over this action and their immediate family members and staff,
and
any juror assigned to this action.
The Plaintiffs will also move the Court for the appointment of
Hagens Berman Sobol Shapiro LLP and Winston & Strawn LLP as Co-Lead
Class Counsel for the Class pursuant to Federal Rule of Civil
Procedure 23(g).
The Plaintiffs seek damages for the tens of thousands of college
athletes who were denied the opportunity to receive such Awards,
and collectively lost out on hundreds of millions of dollars,
before this Court’s injunction forced the NCAA to change its
rules.
National Collegiate is a nonprofit organization that regulates
student athletics among about 1,100 schools in the United States,
and one in Canada.
A copy of the Plaintiffs' motion dated Feb. 2, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=ahyQkc at no extra
charge.[CC]
The Plaintiffs are represented by:
Steve W. Berman, Esq.
Emilee N. Sisco, Esq.
Benjamin J. Siegel
HAGENS BERMAN SOBOL SHAPIRO LLP
1301 Second Avenue, Suite 2000
Seattle, WA 98101
Telephone: (206) 623-7292
Facsimile: (206) 623-0594
E-mail: steve@hbsslaw.com
emilees@hbsslaw.com
bens@hbsslaw.com
- and -
Jeffrey L. Kessler, Esq.
David L. Greenspan, Esq.
Adam I. Dale, Esq.
Jeanifer E. Parsigian, Esq.
WINSTON & STRAWN LLP
200 Park Avenue
New York, NY 10166-4193
Telephone: (212) 294-4698
Facsimile: (212) 294-4700
E-mail: jkessler@winston.com
dgreenspan@winston.com
aidale@winston.com
jparsigian@winston.com
NEVADA: Court Tosses McGuire Class Certification Bid
----------------------------------------------------
In the class action lawsuit captioned as ROBERT MCGUIRE, v. NEVADA
DEPARTMENT OF CORRECTIONS, et. al., Case No. 3:23-cv-00165-ART-CLB
(D. Nev.), the Hon. Judge entered an order denying motion for class
certification and motion for appointment of counsel.
Specifically, McGuire requests class action certification for all
inmates housed in Unit 5 A/B at ESP in August 2020 and all inmates
transferred from Unit 5 A/B to Unit 3 A/B at HDSP.
As the Court previously explained, pro se litigants have the right
to plead and conduct their own cases personally. See 28 U.S.C.
section 1654. However, pro se litigants have no authority to
represent anyone other than themselves. See Cato v. United States,
70 F.3d 1103, 1105 n.1 (9th Cir. 1995); C.E. Pope Equity Trust v.
United States, 818 F.2d 696, 697 (9th Cir. 1987).
Thus, to pursue their claims, each plaintiff will need to initiate
their own lawsuits by filing individual applications to proceed in
forma pauperis and individual complaints with the Clerk of the
Court.
A copy of the Court's order dated Feb. 6, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=ZM56KU at no extra
charge.[CC]
PROGRESSIVE DIRECT: Parties Seek to Maintain Opposition Under Seal
------------------------------------------------------------------
In the class action lawsuit captioned as SHONACIE GRADY,
individually and on behalf of all others similarly situated, v.
PROGRESSIVE DIRECT INSURANCE COMPANY, an Ohio corporation, Case No.
0:22-cv-00866-NEB-DLM (D. Minn.), the Parties ask the Court to
enter an order that Exhibits D, E, F, G, H, P, W, X, and Z to
Progressive's Brief in Opposition to the Plaintiff's Motion for
Class Certification be maintained under seal, consistent with the
Local Rule 5.6 Grid for Cases with Magistrate Judge Tony N. Leung.
Pursuant to Local Rule 5.6 of the U.S. District Court for the
District of Minnesota, and the Confidentiality Order entered in
this matter, the Plaintiff, Defendant, and non-parties Mitchell
International and J.D. Power jointly move for an Order permitting
Defendant to maintain under seal parts of Defendant's Opposition to
Plaintiff's Motion for Class Certification and supporting exhibits
designated as confidential by non-parties, Mitchell and J.D. Power.
Mitchell and J.D. Power reviewed the information filed by
Progressive in connection with Progressive's Brief in Opposition to
the Plaintiff's Motion for Class Certification, and seek to
maintain under seal portions, or all, of the following:
-- Exhibit D to Progressive's Opposition: Exhibit 5 to the
deposition transcript of Mitchell's corporate representative,
Philip Kroell, which is Mitchell's WorkCenter Total Loss
Methodology Resource Guide to the proprietary methodology for
the WorkCenter Total Loss software and the proprietary data
and
proprietary statistical methodology of J.D. Power.
-- Exhibit E to Progressive's Opposition: The deposition
transcript
of J.D. Power’s corporate representative, Blaine Bogus,
which
discuss J.D. Power’s proprietary data and proprietary
statistical methodology, as well as proprietary business
information and trade secrets.
-- Exhibit F to Progressive's Opposition: Exhibit 7 to the
deposition transcript of Mr. Kroell, which is the Valuation
of
Total Loss Vehicle Methodology and Database Design document,
outlining J.D. Power's proprietary data and proprietary
statistical methodology.
Progressive underwrites auto, fire, marine, and casualty
insurance.
A copy of the Defendant's motion dated Feb. 6, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=wluAA0 at no extra
charge.[CC]
The Plaintiff is represented by:
Joseph Henry (Hank) Bates, III, Esq.
Edwin Lee Lowther, III, Esq.
CARNEY BATES & PULLIAM, PLLC
519 W. 7th Street
Little Rock, AR 72201
Telephone: (501) 312-8500
E-mail: hbates@cbplaw.com
llowther@cbplaw.com
- and -
Rachel Dapeer, Esq.
DAPEER LAW, P.A.
3331 Sunset Avenue
Ocean, NJ 07712
Telephone: (305) 610-5223
E-mail: rachel@dapeer.com
- and -
Andrew J. Shamis, Esq.
SHAMIS & GENTILE, P.A.
14 NE 1st Avenue, Suite 705
Miami, FL 33132
Telephone: (305) 479-2299
ashamis@shamisgentile.com
- and -
Scott Edelsberg, Esq.
Christopher Gold
EDELSBERG LAW, P.A.
20900 NE 30th Avenue, Suite 417
Aventura, FL 33180
Telephone: (305) 975-3320
Facsimile: (786) 623-0915
E-mail: scott@edelsberglaw.com
chris@edelsberglaw.com
- and -
Jacob L. Phillips, Esq.
NORMAND PLLC
3165 McCrory Place, Suite 175
Orlando, FL 32803
Telephone: (407) 603-6031
E-mail: Jacob.phillips@normandpllc.com
The Defendant is represented by:
Theresa Bevilacqua, Esq.
DORSEY &WHITNEY LLP
50 South Sixth Street, Suite 1500
Minneapolis, MN 55402-1498
Telephone: (612) 340-2600
Facsimile: (612) 340-2868
E-mail: bevilacqua.theresa@dorsey.com
- and -
Jeffrey S. Cashdan, Esq.
Zachary A. McEntyre, Esq.
J. Matthew Brigman, Esq.
Allison Hill White, Esq.
Julia C. Barrett, Esq.
KING & SPALDING LLP
1180 Peachtree Street, N.E.
Atlanta, GA 30309
Telephone: (404) 572-4600
Facsimile: (404) 572-5100
E-mail: jcashdan@kslaw.com
zmcentyre@kslaw.com
mbrigman@kslaw.com
awhite@kslaw.com
jbarrett@kslaw.com
The Counsel for Non-Parties J.D. Power and Mitchell International,
Inc., are:
Scott Schutte, Esq.
Staci M. Holthus, Esq.
MORGAN, LEWIS & BOCKIUS LLP
110 North Wacker Drive, Suite 2800
Chicago, IL 60606
E-mail: Scott.schutte@morganlewis.com
Staci.holthus@morganlewis.com
REGENT UNIVERSITY: Class Cert Discovery in Lyman Due Sept. 30
-------------------------------------------------------------
In the class action lawsuit captioned as MAXX LYMAN, on behalf of
himself and others similarly situated, v. REGENT UNIVERSITY, Case
No. 2:23-cv-00480-JKW-LRL (E.D. Va.), the Hon. Judge Jamar K.
Walker entered a scheduling order as follows:
-- All discovery, including depositions taken Nov. 25,
2024
for presentation in evidence in lieu of the
appearance of a witness at trial, shall be
completed on or before:
-- Fact discovery shall close on: Sept. 30,
2024
-- Any dispositive motions, including summary Dec. 9,
2024.
judgment motions, must be filed on or
before:
Regent University is a private Christian university in Virginia
Beach, Virginia.
A copy of the Court's order dated Feb. 6, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=PJ0gri at no extra
charge.[CC]
ROCKET COMPANIES: Bid to Modify Case Schedule Granted in Part
-------------------------------------------------------------
In the class action lawsuit captioned as CARL SHUPE, individually
and on behalf of all others similarly situated, v. ROCKET
COMPANIES, INC., JAY FARNER, DANIEL GILBERT, and ROCK HOLINGS, INC,
Case No. 1:21-cv-11528-TLL-APP (E.D. Mich.), the Hon. Judge Thomas
L. Ludington entered an order:
(1) Granting the plaintiffs' motion to substitute;
(2) Granting the plaintiffs leave to amend complaint;
(3) Granting the Plaintiffs leave to withdraw and re-file class
certification Motion;
(4) Granting in part the plaintiffs' motion to modify case
Schedule; and
(5) Adjourning scheduling order.
The Plaintiffs have filed a Motion for Class Certification in this
securities-fraud class action, proposing a subclass under section
20A of the Exchange Act and seeking to appoint named Plaintiff
Matthew Pearlman as the subclass representative. But, after this
motion was filed, Pearlman indicated he no longer wished to
participate in the case and refused to make himself available for
depositions.
On Aug. 30, 2023, the Plaintiffs filed their Motion for Class
Certification, and proposed the following class and subclass
definitions:
"All persons and entities that purchased or otherwise acquired
publicly traded Rocket Companies, Inc. between Feb. 25, 2021
and
May 5, 2021, inclusive, and were damaged thereby"
Excluded from the Class are:
(a) Defendants; (b) members of the immediate families of
Defendants; (c) the subsidiaries and affiliates of Defendant
Rocket and Defendant RHI; (d) any person who is an officer,
director, or controlling person of Rocket; (e) any entity in
which
any Defendant has a controlling interest; and (f) the legal
representatives, heirs, successors, or assigns of any such
excluded party.
Subclass:
"All persons and entities within the Class that purchased
publicly
traded Rocket Class A common stock contemporaneously with
Defendant Gilbert's and Defendant RHI's sale of Rocket Class A
common stock on March 29, 2021."
Excluded from the Subclass are: (a) Defendants; (b) members of
the
immediate families of Defendants; (c) the subsidiaries and
affiliates of Defendant Rocket and Defendant RHI; (d) any
person
who is an officer, director, or controlling person of Rocket;
(e)
any entity in which any Defendant has a controlling interest;
and
(f) the legal representatives, heirs, successors, or assigns of
any such excluded party.
Rocket Companies is a Detroit-based fintech company.
A copy of the Court's order dated Feb. 5, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=pFAKVZ at no extra
charge.[CC]
SELLARS ABSORBENT: Filing for Class Cert Bid Due June 12
--------------------------------------------------------
In the class action lawsuit captioned as GEORGE BOERSCHINGER, on
behalf of himself and all others similarly situated, v. SELLARS
ABSORBENT MATERIALS, INC., Case No. 2:23-cv-01365-WED (E.D. Wis.),
the Hon. Judge William E. Duffin entered a scheduling order as
follows:
1. The parties shall make their initial March 13, 2024
disclosures to the opposing party in
accordance Fed. R. Civ. P. 26(a) no
later than:
2. The parties may join other parties and March 13, 2024
amend the pleadings without leave of
court no later than:
3. The Plaintiff's motion for conditional June 12, 2024
certification of a 29 U.S.C.
section 216(b) collective action
shall be filed on or before:
4. The plaintiff shall disclose expert Aug.21, 2024
witnesses in accordance with Civil
L.R. 26(b) no later than:
5. The defendant shall disclose expert Oct. 1, 2024.
witnesses in accordance with Civil L.R.
26(b) no later than:
6. The parties shall disclose rebuttal Oct. 31, 2024
experts with reports no later than:
7. All motions for summary judgment May 7, 2025
together with the moving party's
principal materials in support of the
motion are to be filed in accordance
with Civil L.R. 56 no later than:
Sellars offers rags, tissues, drop clothes, hand soap, and spill
kits.
A copy of the Court's order dated Feb. 6, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=s6YJrT at no extra
charge.[CC]
TD BANK: Nelipa Class Cert Bid Referred to Magistrate Judge
-----------------------------------------------------------
In the class action lawsuit captioned as Nelipa v. TD Bank, N.A.,
Case No. 1:21-cv-01092 (E.D.N.Y., Filed March 1, 2021), the Hon.
Judge Lashann Dearcy Hall entered an order referring the
Plaintiffs' motion for class certification to Magistrate Judge
Joseph A. Marutollo for a report and recommendation.
The nature of suit states Banks and Banking -- Breach of Contract.
TD Bank is an American national bank and the United States
subsidiary of the multinational TD Bank Group.[CC]
TGC LLC: Parties Must Confer Class Cert Deadlines in Huang Suit
---------------------------------------------------------------
In the class action lawsuit captioned as Huang, et al., v. TGC,
LLC, et al., Case No. 6:24-cv-00270 (M.D. Fla., Filed Feb. 6,
2024), the Hon. Judge Paul G. Byron entered an endorsed order
directing the Parties to confer regarding deadlines pertinent to a
motion for class certification and advise the Court of agreeable
deadlines in their case management report.
The deadlines should include a deadline for
(1) disclosure of expert reports - class action, plaintiff and
defendant;
(2) discovery - class action;
(3) motion for class certification;
(4) response to motion for class certification; and
(5) reply to motion for class certification.
The nature of suit states statutory actions.
TGC provides food services.[CC]
TRANSAMERICA CORP: Court Dismisses Smith Suit with Prejudice
------------------------------------------------------------
In the class action lawsuit captioned as VELMA SMITH, individually
and on behalf of all others similarly situated, v. TRANSAMERICA
CORPORATION, et al., Case No. 3:23-cv-00357-KHJ-MTP (S.D. Miss.),
the Hon. Judge Kristi H. Johnson entered an order:
-- Granting Penney OpCo and TAIC's Motions to dismiss without
prejudice.
-- Granting TCS eServe's motion to dismiss with prejudice.
-- Granting Transamerica and AEGON's Motion to Dismiss with
prejudice
as to Transamerica and without prejudice as to AEGON. The
Court
will issue a final judgment consistent with this Order.
Transamerica is an American holding company for various life
insurance companies and investment firms.
A copy of the Court's order dated Feb. 5, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=XcByNS at no extra
charge.[CC]
TRUMP CORPORATION: Sealing Requests Timely Filed, Court Says
------------------------------------------------------------
In the class action lawsuit captioned as CATHERINE MCKOY, et al.,
v. THE TRUMP CORPORATION, et al., Case No. 1:18-cv-09936-LGS-SLC
(S.D.N.Y.), the Hon. Judge Lorna G. Schofield entered an order that
the sealing requests in CAN's Nov. 29, 2023, letter are considered
timely filed.
The Court further entered an order that the sealing requests in
CAN's Nov. 29, 2023, letter are denied without prejudice to
renewal.
The documents currently filed under seal shall remain under seal at
this time. By Feb. 20, 2024, ACN and/or any party to this action
may file a renewed sealing motion proposing specific, narrow
redactions. In its renewed motion, ACN shall group the information
sought to be redacted into categories based on the justification
for the redaction.
Trump serves as the holding company for all of Trump's business
ventures and investments.
A copy of the Court's order dated Feb. 6, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=mtdorT at no extra
charge.[CC]
UNITED SERVICES: Filing for Class Cert Bid in Tomczak Due August 2
------------------------------------------------------------------
In the class action lawsuit captioned as MALLOREY TOMCZAK, KALITHA
HEAD, JOSEPHINE WALKER, AND LESLIE WYATT, on behalf of themselves
and all others similarly situated, v. UNITED SERVICES AUTOMOBILE
ASSOCIATION, USAA CASUALTY INSURANCE COMPANY, USAA GENERAL
INDEMNITY COMPANY, AND GARRISON PROPERTY AND CASUALTY INSURANCE
COMPANY, Case No. 5:21-cv-01564-MGL (D.S.C.), the Hon. Judge Mary
Geiger Lewis entered a sixth amended scheduling order as follows:
1. The Plaintiffs shall file their motion Aug. 2, 2024
for class certification no later than:
2. The Defendants shall file their brief in Dec. 6, 2024
opposition to Plaintiffs' Motion for
Class Certification no later than:
3. The Plaintiffs shall file their reply Feb. 14, 2025
brief in support of their Motion for
Class Certification no later than:
4. All other motions, except those to June 27, 2025
complete discovery, those nonwaivable
motions made pursuant to Fed.R.Civ.P.
12, and those relating to the
admissibility of evidence at trial,
shall be filed on or before:
United is an American financial services company providing
insurance and banking products exclusively to members of the
military, veterans, and their families.
A copy of the Court's order dated Feb. 6, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=1KbmUv at no extra
charge.[CC]
UPSTART HOLDINGS: Seeks to Modify Class Cert Briefing Deadline
--------------------------------------------------------------
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 Defendants ask the Court
to enter an order modifying the time for parties to complete class
certification briefing and notice of withdrawal of the Defendants'
Urgent Motion to Stay and Status Conference Request.
On Nov. 15, 2023, the Court entered a Preliminary Pretrial Order
setting a schedule for class certification motion practice, among
other deadlines.
On Jan. 30, 2024, the class certification briefing schedule was
modified by the Court at the request of Lead Plaintiff
Universal-Investment-Gesellschaft mbH.
In light of defense counsel's discussions with Lead Counsel and
proposed co-class counsel Robbins Geller, and the filing of the
Updated Class Certification Motion, the parties discussed
Defendants withdrawing their Urgent Motion, as well as the need to
further adjust the class certification schedule, particularly in
light of the addition of a new proposed class representative (Kevin
Crain) and the corresponding need for additional time to conduct
class certification-related discovery.
Proposed
Date
March 8, 2024 Deadline for Lead Plaintiff and
proposed additional class
representatives Brooks & Crain to
serve privilege logs, if any, and
substantially complete their
document productions responsive
to
the Defendants' Feb. 5, 2024
discovery requests.
April 26, 2024 Deadline for Defendants to depose
proposed class representatives,
Lead Plaintiffs' class
certification
expert, and/or other witnesses in
connection with the motion for
class
certification.
May 24, 2024 Deadline for Defendants to file
opposition to class
certification,
including expert report(s), if
any.
Upstart operates a cloud-based artificial intelligence (AI) lending
platform in the United States.
A copy of the Defendants' motion dated Feb. 6, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=AD8T2l at no extra
charge.[CC]
The Defendants are represented by:
Thomas D. Warren, Esq.
WARREN TERZIAN LLP
30799 Pinetree Rd., Suite 345
Pepper Pike, OH 44124
Telephone: (213) 410-2620
E-mail: tom.warren@warrenterzian.com
- and -
Caz Hashemi, Esq.
Benjamin M. Crosson, Esq.
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
650 Page Mill Road
Palo Alto, CA 94304
Telephone: (650) 493-9300
E-mail: chashemi@wsgr.com
bcrosson@wsgr.com
WESTERN CONFERENCE: Class Cert Discovery Deadline Due June 14
-------------------------------------------------------------
In the class action lawsuit captioned as MICHAEL PAIERI, v. WESTERN
CONFERENCE OF TEAMSTERS PENSION TRUST et al., Case No.
2:23-cv-00922-LK (W.D. Wash.), the Hon. Judge Lauren King entered
an order striking the existing trial date and modifying the case
schedule as follows:
Event Date
Disclosure of expert testimony relating to Apr. 16, 2024
class certification under FRCP 26(a)(2) due
Disclosure of rebuttal expert testimony May 16, 2024
relating to class certification under
FRCP 26(a)(2) due
All motions related to class certification June 14, 2024
discovery must be filed by
Discovery on class certification issues July 15, 2024
completed by
Deadline for Plaintiffs to file motion Aug. 14, 2024
for class certification (noted on the
fourth Friday after filing and service of
the motion pursuant to LCR 7(d)(3) unless
the parties agree to different times for
filing the response and reply memoranda).
The Court may alter these deadlines after ruling on the Defendants'
pending Motion to Bifurcate Liability and Damages.
The court will set further case schedule deadlines pursuant to
Federal Rule of Civil Procedure 16(b) after ruling on the motion
for class certification.
Counsel for the Plaintiffs shall inform the court immediately
should Plaintiffs at any time decide not to seek class
certification.
The dates set in this scheduling order are firm dates that can be
changed only by order of the court, not by agreement of the
parties.
Western provides plan coverage, participation and vesting, losing
and protecting benefits, normal retirement, disability retirement,
and other services.
A copy of the Court's order dated Feb. 6, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=aFpXKq at no extra
charge.[CC]
[*] 8th Annual Class Action Conference in May, Register Today!
--------------------------------------------------------------
Registration is now open for the 8th Annual Class Action Money &
Ethics Conference.
Join top professionals and thought leaders in the class action
industry for this one-day event.
CAME 2024 will be held in-person at The Harmonie Club on Monday,
May 6, 2024. To register, visit
https://www.classactionconference.com/
For sponsorship or speakership opportunities, please contact:
Will Etchison
Tel: 305-707-7493
E-mail: will@beardgroup.com
*********
S U B S C R I P T I O N I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania,
USA, and Beard Group, Inc., Washington, D.C., USA. Rousel Elaine T.
Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L.
Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors.
Copyright 2024. All rights reserved. ISSN 1525-2272.
This material is copyrighted and any commercial use, resale or
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are $25 each. For subscription information, contact
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*** End of Transmission ***