/raid1/www/Hosts/bankrupt/CAR_Public/240311.mbx
C L A S S A C T I O N R E P O R T E R
Monday, March 11, 2024, Vol. 26, No. 51
Headlines
ACADIA LAPLACE: Hamm Suit Seeks to Continue Class Cert. Hearing
AFFIRM HOLDINGS: Faces Kusnier Suit Over Loan Program Issues
ALLIANCE ENTERTAINMENT: Faces McKnight Suit Over Merger Deal
AMAZON.COM SERVICES: Deadlines Stayed Pending Class Status Ruling
AMBERGLEN DEVELOPMENT: Garcia Seeks More Time to File Class Cert
AMBUSERVE INC: Fails to Pay Proper Wages, Brown Suit Alleges
ANTHEM COMPANIES: Midkiff Bid to Seal Exhibits Partly OK'd
APELLIS PHARMACEUTICALS: Solderberg Transfer Bid Pending
ASCENSION GENESYS: Fails to Pay Proper Wages, Buford Alleges
AUTISM LEARNING: Fails to Pay Proper Wages, Balderos Alleges
BARD COLLEGE: Web Site Not Accessible to Blind, Knowles Suit Says
BARILLA AMERICA: Plaintiffs Seek Exclusion of Expert Witness Cantor
BARILLA AMERICA: Plaintiffs Seek to File Unredacted Docs Under Seal
BERKSHIRE HATHAWAY: James Suit Jury Trials Set Until April 2024
CAROLLO INC: Cheli Sues Over Inaccessible Parking Spaces
CAVA GROUP: Continues to Defend Haman Class Suit in S.D. Cal.
CAVA GROUP: Continues to Defend Travelers Property Class Suit
CONVOY INC: Class Cert Bid Filing in Pfingsten Due Feb. 10, 2025
DRAFTKINGS INC: Stay of Consolidated Suit Extended
EVERBRIDGE INC: Continues to Defend Securities Class Suit
EXPENSIFY INC: Continues to Defend Wilhite Securities Class Suit
FAMILY DOLLAR: Faces Berkley Suit Over Adulterated Drugs
FATE THERAPEUTICS: Continues to Defend Hadian Securities Class Suit
FIDELITY NATIONAL: Continues to Defend Securities Class Suit
FINEPOINTS PRIVATE: Bobb Seeks Conditional Class Certification
FRESHWORKS INC: Shareholder Suit Over IPO Ongoing in N.D. Cal.
GENERAL MOTORS: Bid to Partially Reconsider Judgment Relief Tossed
GN TRANSPORTATION: Filing for Class Certification Bid Due Sept. 17
HALLRICH INCORPORATED: Hess Seeks to Send Collective Action Notice
HANESBRANDS INC: Faces Toussaint Suit Over Ransomware Incident
HOMESERVICES OF AMERICA: Faces Boykin Class Suit in Nevada
HOMESERVICES OF AMERICA: Faces Fierro Class Suit in C.D. Cal.
HOMESERVICES OF AMERICA: Faces Jensen Class Suit in Utah
HOMESERVICES OF AMERICA: Faces Masiello Class Suit in Arizona
HOMESERVICES OF AMERICA: Faces Whaley Class Suit in Nevada
INNOVATION BAKERS: Fails to Pay Proper Wages, Carino Alleges
INTERACTIVE BROKERS: Consumer Class Suit to Start in 2025
JANUS HENDERSON: Continues to Defend Schissler Class Suit
JOHNSON & JOHNSON: Appeals Order Granting Class Certification
JOHNSON & JOHNSON: Faces Adley Class Action in New Jersey
JP MORGAN: Court OK's Settlement in US Virgin Islands Suit
KOTOBUKI RESTAURANT: Plaintiffs Seek Pre-Motion Conference
LABORATORY CORP OF AMERICA : Continues to Defend Davis, Vargas Suit
LABORATORY CORP OF AMERICA: Continues to Defend Davis Class Suit
LABORATORY CORP OF AMERICA: Continues to Defend Howard Class Suit
LABORATORY CORP OF AMERICA: Continues to Defend Wiggins Class Suit
LABORATORY CORP OF AMERICA: Settlement in Bermejo I for Court Nod
LOANDEPOT INC: Filing of Class Cert Bid Due Sept. 16
M&T BANK: Jaroslawicz Lose Class Certification Bid
MARS PETCARE: Edgren Seeks Leave to File Supplemental Sur-Reply
MENZIES AVIATION: Plaintiffs Win Class Certification Bid
NEPTUNE WELLNESS: Settlement of Shareholder Suit Fully Paid
PACIFIC MARKET: Stanley Cup Contains Lead, Barbu Alleges
PELICIA HALL: Alexander Suit Seeks Class Certification
PLANTRONICS INC: Lead Plaintiff Seeks Class Status
PLANTRONICS INC: Plaintiffs Seek to Seal Class Cert. Docs
PLAYTIKA HOLDING: Continues to Defend Bar-Asher Class Suit
POLARIS INC: Awaits Ruling on Berlanga Class Status Bid
POLARIS INC: Court Stays Albright Suit Pending Class Status Ruling
PREMIUM MERCHANT: Filing for Class Cert Bid in Jewett Due July 2
QUANTUM RESIDENTIAL: Dunne Seeks Initial OK of Class Settlement
RANGE RESOURCES: Seeks Leave to File Class Cert Response Under Seal
REDFIN CORP: Freedlund Sues Over Broker Commission Scheme
ROBINHOOD FINANCIAL: Conditional Status of Settlement Class Sought
SAM'S WEST: Sanchez Seeks More Time to File Class Cert Reply
SOLAREDGE TECHNOLOGIES: Continues to Defend Shen Class Suit
UDEMY INC: Continues to Defend VPPA Class Suit
UNITED STATES: Andres Seeks Just Compensation to Real Property
UPSTART HOLDINGS: Must Oppose Class Cert Bid by May 24
WELCH FOODS: Seeks to File Class Cert Opposition Docs Under Seal
YELP INC: Final Hearing on CIPA Settlement Set for April 10
ZIFF DAVIS: Dismissal of Garcia Suit Under Appeal
*********
ACADIA LAPLACE: Hamm Suit Seeks to Continue Class Cert. Hearing
---------------------------------------------------------------
In the class action lawsuit captioned as AMY HAMM and JOYE WILSON,
on behalf of themselves and all others similarly situated, v.
ACADIA LAPLACE HOLDINGS, LLC and OCHSNER-ACADIA, LLC, Case No.
2:20-cv-01515-SM-DPC (E.D. La.), the Plaintiffs ask the Court to
enter an order briefly continuing the hearing on Plaintiffs' Motion
for Class Certification.
The Plaintiffs state their sampling expert, Jeffrey S. Petersen,
Ph.D., of Allman & Petersen Economics, LLC, has a scheduling
conflict for the presently set April 11, 2024 hearing date.
The Plaintiffs thus ask the Court for a very brief continuance of
this hearing. Plaintiffs conferred with the Defendants' counsel,
and they do not oppose the Motion.
Moreover, the following dates are dates that are mutually agreeable
for the Parties: April 24, 2024, April 25, 2024, May 2,
2024, and May 3, 2024.
A copy of the Plaintiffs' motion dated Feb. 8, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=WGV2NB at no extra
charge.[CC]
The Plaintiffs are represented by:
Joseph C. Peiffer, Esq.
Daniel Centner, Esq.
PEIFFER WOLF CARR KANE
& CONWAY, APLC
1519 Robert C. Blakes, Sr. Drive
New Orleans, LA 70130
Telephone: (504) 523-2434
E-mail: JPeiffer@pwcklegal.com
DCentner@pwcklegal.com
- and -
Carolyn H. Cottrell, Esq.
Ori Edelstein, 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
oedelstein@schneiderwallace.com
rmorelli@schneiderwallace.com
AFFIRM HOLDINGS: Faces Kusnier Suit Over Loan Program Issues
------------------------------------------------------------
Affirm Holdings, Inc. disclosed in its Form 10-Q report for the
fiscal year ended December 31, 2023, filed with the Securities and
Exchange Commission on February 8, 2024, that it if facing a
putative class action lawsuit in the U.S. District Court for the
Northern District of California filed on December 8, 2022 by
plaintiff Mark Kusnier.
On May 5, 2023, plaintiffs Kusnier and Chris Meinsen filed their
first amended complaint alleging that the defendants caused Affirm
to make materially false and/or misleading statements and/or failed
to disclose that Affirm's "Buy-Now-Pay-Later" service facilitated
excessive consumer debt (including with respect to certain
for-profit educational institutions), regulatory arbitrage, and
data harvesting, made false and/or misleading statements about
certain public regulatory actions and made false and/or misleading
statements about whether Affirm's business model was vulnerable to
interest rate changes. On December 20, 2023, the court granted
Affirm's motion to dismiss the first amended complaint with leave
to amend.
On January 19, 2024, plaintiffs filed their second amended
complaint, which contains only the allegations from the first
amended complaint relating to false and/or misleading statements
about whether Affirm's business model was vulnerable to interest
rate changes. Plaintiffs seek class certification, unspecified
compensatory and punitive damages, and costs and expenses. Affirm
filed its motion to dismiss the second amended complaint on
February 2, 2024.
Affirm Holdings, Inc. is a next-generation e-commerce platform with
agreements with originating banks, and capital markets partners,
that enable consumers to confidently pay for a purchase over time,
with terms ranging up to sixty months.
ALLIANCE ENTERTAINMENT: Faces McKnight Suit Over Merger Deal
------------------------------------------------------------
Alliance Entertainment Holding Corporation disclosed in its Form
10-Q report for the fiscal year ended December 31, 2023, filed with
the Securities and Exchange Commission on February 8, 2024, that on
March 31, 2023, a class action complaint, titled "Matthew McKnight
v. Alliance Entertainment Holding Corp. f/k/a Adara Acquisition
Corp., Adara Sponsor LLC, Thomas Finke, Paul G. Porter, Beatriz
Acevedo-Greiff, W. Tom Donaldson III, Dylan Glenn, and Frank
Quintero," was filed in the Delaware Court of Chancery against its
pre-Business Combination board of directors and executive officers
and Adara Sponsor LLC, alleging breaches of fiduciary duties by
purportedly failing to disclose certain information in connection
with the merger of Alliance, Adara Acquisition Corp. and a certain
merger sub in February 2023.
Alliance Entertainment Holding Corporation is a comprehensive
provider of distribution services for pre-recorded music, video
movies, video games, and associated accessories and merchandise.
AMAZON.COM SERVICES: Deadlines Stayed Pending Class Status Ruling
-----------------------------------------------------------------
A class lawsuit captioned as ESTEFANY MARTINEZ, v. AMAZON.COM
SERVICES, LLC, Case No. 1:22-cv-00502-BAH (D. Md.), the Hon. Judge
Brendan A. Hurson entered an order granting joint motion to Stay
deadlines pending the resolution of the motion for class
certification and motion for summary judgment:
-- Plaintiff's rebuttal Rule 26(a)(2) expert Feb. 2, 2024
disclosures:
-- Rule 26(e)(2) supplementation of Feb. 15, 2024
disclosures and responses:
-- Completion of Discovery: Feb. 27, 2024
-- Requests for admission: March 5, 2024
-- Notice of Intent to File a Pretrial March 27, 2024
Dispositive Motion:
Amazon.com Services provides e-commerce services.
A copy of the Court's order dated Feb. 7, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=PsfVfV at no extra
charge.[CC]
AMBERGLEN DEVELOPMENT: Garcia Seeks More Time to File Class Cert
----------------------------------------------------------------
In the class action lawsuit captioned as FRANCISCO JAVIER GARCIA,
individually and on behalf of all others similarly situated, v.
AMBERGLEN DEVELOPMENT LLC, Case No. 3:23-cv-00400-JR (D. Or.), the
Plaintiff asks the Court to enter an order extending deadline for
filing a motion for class certification, and associated motions for
appointment of class counsel and of a class representative.
Amberglen was founded in 2004. The company's line of business
includes renting, buying, selling and appraising real estate.
A copy of the Plaintiff's motion dated Feb. 8, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=URrsok at no extra
charge.[CC]
The Plaintiff is represented by:
Troy A. Pickard, Esq.
PORTLAND DEFENDER PC
3759 NE MLK Jr. Blvd
Portland, OR 97212
Telephone: (503) 592-0606
E-mail: troy@portlanddefender.com
AMBUSERVE INC: Fails to Pay Proper Wages, Brown Suit Alleges
------------------------------------------------------------
MICHAEL ANTONIO BROWN, individually and on behalf of all others
similarly situated, Plaintiff v. AMBUSERVE, INC.; and DOES 1
through 100, inclusive, Case No. 24STCV04548 (Cal. Super., Los
Angeles Cty., Feb. 23, 2024) seeks to recover from the Defendants
unpaid wages and overtime compensation, interest, liquidated
damages, attorneys' fees, and costs.
Plaintiff Brown was employed by the Defendant as a staff.
AMBUSERVE, INC. offers advanced life support (paramedic) ambulance
service and critical care transport service. [BN]
The Plaintiff is represented by:
David D. Bibiyan, Esq.
Jeffrey D. Klein, Esq.
Jared Walder, Esq.
BIBIYAN LAW GROUP, P.C.
8484 Wilshire Boulevard, Suite 500
Beverly Hills, CA 90211
Telephone: (310) 438-5555
Facsimile: (310) 300-1705
Email: david@tomorrowlaw.com
jeff@tomorrowlaw.com
jared@tomorrowlaw.com
ANTHEM COMPANIES: Midkiff Bid to Seal Exhibits Partly OK'd
----------------------------------------------------------
In the class action lawsuit captioned as Winifred Midkiff, et al.,
on behalf of themselves and all others similarly situated, v. The
Anthem Companies, Inc. et al., Case No. 3:22-cv-00417-HEH (E.D.
Va.), the Hon. Judge Henry Hudson entered an order granting in part
the Plaintiffs' motion to seal exhibits.
The Plaintiffs request that a number of exhibits be sealed because
they were designated by the Defendants as "Confidential" during
discovery. The Defendants filed their response on Dec. 31, 2023,
and, subsequently, filed an amended response on Feb. 2, 2024.
The Plaintiffs provided public notice by filing their notice of
motion to file under seal on Jan. 17, 2024.
The Court has reviewed the Plaintiffs' memorandum in support and
the Defendants' amended response and finds that Exhibits 19, 32,
36, 38, 46 and 48, if filed publicly, would disclose documents that
contain sensitive business information and are subject to
confidentiality agreement between the Defendants and the National
Committee for Quality Assurance. For these reasons, the Court finds
it appropriate to seal the documents identified in the Defendants'
Amended Response.
Anthem offers managed healthcare related products and
administrative services.
A copy of the Court's order dated Feb. 8, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=1HMIqZ at no extra
charge.[CC]
APELLIS PHARMACEUTICALS: Solderberg Transfer Bid Pending
--------------------------------------------------------
Apellis Pharmaceuticals Inc. disclosed in its Form 10-K Report for
the fiscal period ending December 31, 2024 filed with the
Securities and Exchange Commission on February 27, 2024, that the
United States District Court for the District of Delaware hasn't
yet ruled on Solderberg class suit transfer motion to the United
States District Court for the District of Massachusetts.
On August 2, 2023, Judith M. Soderberg filed a putative class
action in the United States District Court for the District of
Delaware against the Company and certain current and former
executive officers of the Company (the "Complaint").
The Complaint alleges, among other things, that the defendants
violated Sections 10(b) and/or 20(a) of the Exchange Act and Rule
10b-5 promulgated thereunder by misrepresenting and/or omitting
certain material facts related to the design of SYFOVRE's clinical
trials and the risks associated with SYFOVRE's commercial adoption.
The Complaint seeks, among other relief, compensatory damages and
equitable relief in favor of the alleged class against all
defendants, including interest, and reasonable costs and expenses
incurred by plaintiffs, including attorneys' and expert fees.
On October 2, 2023, the defendants moved to transfer the action to
the United States District Court for the District of Massachusetts.
The Court has not yet ruled on this motion.
Apellis Pharmaceuticals, Inc. is a commercial-stage
biopharmaceutical company, with principal executive offices at 100
Fifth Avenue, Waltham, Massachusetts. [BN]
ASCENSION GENESYS: Fails to Pay Proper Wages, Buford Alleges
------------------------------------------------------------
CHEVON BUFORD, individually and on behalf of all others similarly
situated, Plaintiff v. ASCENSION GENESYS HOSPITAL, Defendant, Case
No. 4:24-cv-10480-SFC-EAS (E.D. Mich., Feb. 26, 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 Buford was employed by the Defendant as a nurse.
ASCENSION GENESYS HOSPITAL provides general medical and surgical
hospital services. The Company offers behavioral and occupational
health, heart, home, and hospice care, oncology, orthopedic, and
emergency services. [BN]
The Plaintiff is represented by:
David M. Blanchard, Esq.
BLANCHARD & WALKER, PLLC
221 North Main Street, Suite 300
Ann Arbor, MI 48104
Telephone: (734) 929-4313
Email: blanchard@bwlawonline.com
- and -
Ricardo J. Prieto, Esq.
Melinda Arbuckle, Esq.
WAGE AND HOUR FIRM
5050 Quorum Drive, Suite 700
Dallas, TX 75254
Telephone: (214) 489-7653
Email: rprieto@wageandhourfirm.com
marbuckle@wageandhourfirm.com
AUTISM LEARNING: Fails to Pay Proper Wages, Balderos Alleges
------------------------------------------------------------
ASWAAD TARIQ BALDEROS, individually and on behalf of all others
similarly situated, Plaintiff v. AUTISM LEARNING PARTNERS, LLC,
Defendant, Case No. 24STCV04512 (Cal. Super., Los Angeles Cty.,
Feb. 23, 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 Balderos was employed by the Defendant as a staff.
AUTISM LEARNING PARTNERS LLC provides health care facilities. The
Company offers behavior analysis, adaptive skills training, speech,
occupational, and physical therapies. [BN]
The Plaintiff is represented by:
Emil Davtyan, Esq.
Gregg Lander, Esq.
Vanessa M. Ruggles, Esq.
D. LAW,INC.
1635 Pontius Avenue, Floor 2
Los Angeles, CA 90025-3361
Telephone: (424) 320-6420
Facsimile: (424) 320-6454
Emails: Emil@d.law
Gregg@d.law
Vanessa@d.law
BARD COLLEGE: Web Site Not Accessible to Blind, Knowles Suit Says
-----------------------------------------------------------------
CARLTON KNOWLES, individually and on behalf of all other similarly
situated, Plaintiff v. BARD COLLEGE, Defendant, Case No.
1:24-cv-01416 (S.D.N.Y., Feb. 23, 2024) alleges violation of the
Americans with Disabilities Act.
The Plaintiff alleges in the complaint that the Defendant's Web
site, https://www.bard.edu, is not fully or equally accessible to
blind and visually-impaired consumers, including the Plaintiff, in
violation of the ADA.
The Plaintiff seeks a permanent injunction to cause a change in the
Defendant's corporate policies, practices, and procedures so that
the Defendant's Web site will become and remain accessible to blind
and visually-impaired consumers.
BARD COLLEGE grants baccalaureate and graduate degrees. The College
offers degrees in anthropology, arts, history, biology, chemistry,
classics, computer science, dance, drama, economics, engineering,
political science, psychology, and sociology. [BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Jeffrey M. Gottlieb, Esq.
Dana L. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES PLLC
150 East 18th Street, Suite PHR
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
Email: Michael@Gottlieb.legal
Jeffrey@gottlieb.legal
Dana@Gottlieb.legal
BARILLA AMERICA: Plaintiffs Seek Exclusion of Expert Witness Cantor
-------------------------------------------------------------------
In the class action lawsuit captioned as MATTHEW SINATRO and
JESSICA PROST, Individually and on behalf of all others similarly
situated, v. BARILLA AMERICA, INC., Case No. 4:22-cv-03460-DMR
(N.D. Cal.), the Plaintiffs ask the Court to enter an order
excluding Barilla's expert witness Robin Cantor, PhD.
Dr. Robin Cantor, Ph.D runs afoul of Fed. R. Evid. 702 by rendering
unqualified, unreliable, unsupported, and irrelevant opinions. Dr.
Cantor took the perception survey that Plaintiffs Matthew Sinatro
and Jessica Prost's survey expert, Dr. J. Michael Dennis, PhD.,
designed and radically modified it, as well as designed her very
own materiality study, the Plaintiffs contend.
Additionally, Dr. Cantor used a Difference-in-Difference ("DiD")
damages model to compare pricing for two "comparable" products to
opine that the Products' price did not change as a result of the
use of the Challenged Representation.
Barilla offers pasta, sauces, and bakery products.
A copy of the Plaintiffs' motion dated Feb. 8, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=3GWhRD at no extra
charge.[CC]
The Plaintiffs are represented by:
Ryan J. Clarkson, Esq.
Katherine A. Bruce, Esq.
Alan Gudino, Esq.
CLARKSON LAW FIRM, P.C.
22525 Pacific Coast Highway
Malibu, CA 90265
Telephone: (213) 788-4050
Facsimile: (213) 788-4070
E-mail: rclarkson@clarksonlawfirm.com
kbruce@clarksonlawfirm.com
agudino@clarksonlawfirm.com
BARILLA AMERICA: Plaintiffs Seek to File Unredacted Docs Under Seal
-------------------------------------------------------------------
In the class action lawsuit captioned as MATTHEW SINATRO and
JESSICA PROST, individually and on behalf of all others similarly
situated, v. BARILLA AMERICA, INC., Case No. 4:22-cv-03460-DMR
(N.D. Cal.), the Plaintiffs ask the Court to enter an order sealing
the unredacted versions of certain documents they provisionally
filed under seal on Feb. 8, 2024, as follows:
-- MTE Cantor
Plaintiffs' Motion to Exclude Defendant's Expert Robin Cantor
has
been partially redacted to protect the disclosure of
information
designated "Confidential" by the Defendant.
-- Weir Declaration
The Declaration and Rebuttal Report of Plaintiffs’ Expert
Colin
B. Weir has been partially redacted to protect the disclosure
of
information designated "CONFIDENTIAL" by Defendant.
-- Dennis Declaration
The Declaration and Rebuttal Report of Plaintiffs' Expert J.
Michael Dennis, Ph.D. has been partially redacted to protect
the
disclosure of information designated "CONFIDENTIAL" by the
Defendant.
-- Exhibit 13 [Cantor Deposition Transcript].
Exhibit 13 is the deposition transcript of Defendant's expert
Robin Cantor and has been filed in its entirety under seal to
protect disclosure of information designated "CONFIDENTIAL" by
Defendant.
On March 24, 2023, the Court entered the Protective Order governing
the confidentiality of information and documents in this action.
Subsequently, the Plaintiffs and Defendant Barilla America, Inc.
participated in discovery, during which some materials were
exchanged and designated as "CONFIDENTIAL."
The Plaintiffs wish to avoid disclosing information marked as
"CONFIDENTIAL" and request that only the necessary parts of the
following materials be sealed: (1) the entire deposition transcript
of
Defendant's expert Robin Cantor, filed as Exhibit 13; (2) portions
of the Declaration and Rebuttal Report of Plaintiffs' Expert Colin
B. Weir; (3) portions of the Declaration and Rebuttal Report of
Plaintiffs' Expert J. Michael Dennis, Ph.D.; and (4) portions of
Plaintiffs' Motion to Exclude Defendant's Expert Robin Cantor.
Barilla offers pasta, sauces, and bakery products.
A copy of the Plaintiffs' motion dated Feb. 8, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=4f7Dzm at no extra
charge.[CC]
The Plaintiffs are represented by:
Ryan J. Clarkson, Esq.
Katherine A. Bruce, Esq.
Alan Gudino, Esq.
CLARKSON LAW FIRM, P.C.
22525 Pacific Coast Highway
Malibu, CA 90265
Telephone: (213) 788-4050
Facsimile: (213) 788-4070
E-mail: rclarkson@clarksonlawfirm.com
kbruce@clarksonlawfirm.com
agudino@clarksonlawfirm.com
BERKSHIRE HATHAWAY: James Suit Jury Trials Set Until April 2024
---------------------------------------------------------------
Berkshire Hathaway Energy Co. disclosed in its Form 10-K Report for
the fiscal period ending December 31, 2024 filed with the
Securities and Exchange Commission on February 23, 2024, that the
James class suit jury trials is set until April 2024.
On September 30, 2020, a class action complaint against PacifiCorp
was filed, captioned Jeanyne James et al. v. PacifiCorp et al, in
Multnomah County Circuit Court, Oregon ("James").
The complaint was filed by Oregon residents and businesses who seek
to represent a class of all Oregon citizens and entities whose real
or personal property was harmed beginning on September 7, 2020, by
wildfires in Oregon allegedly caused by PacifiCorp.
In November 2021, the plaintiffs filed an amended complaint to
limit the class to include Oregon citizens allegedly impacted by
the Santiam Canyon, Echo Mountain Complex, South Obenchain and 242
wildfires.
In May 2022, the Multnomah County Circuit Court granted issue class
certification and consolidated the James case with several other
cases.
While PacifiCorp's pre-trial request for immediate appeal of the
class certification was denied, it subsequently filed to appeal the
class issues as described below.
In April 2023, the jury trial for James with respect to 17 named
plaintiffs began in Multnomah County Circuit Court.
In June 2023, the jury issued its verdict finding PacifiCorp liable
to the 17 named plaintiffs and to the class with respect to the
four wildfires.
The jury found PacifiCorp's conduct grossly negligent, reckless and
willful as to each plaintiff and the entire class.
The jury awarded the 17 named plaintiffs $90 million of damages,
including $4 million of economic damages, $68 million of
noneconomic damages and $18 million of punitive damages based on a
0.25 multiplier of the economic and noneconomic damages.
In September 2023, the Multnomah County Circuit Court ordered trial
dates for two consolidated jury trials including approximately 10
class members each and a third trial for certain commercial timber
plaintiffs wherein plaintiffs in each of the three damages phase
trials will present evidence regarding their damages.
The first of these trials addressing nine individual plaintiffs was
held in January 2024 while the remaining trials are scheduled at
various dates through April 2024.
Berkshire Hathaway Energy company is a holding company based in
Iowa.
CAROLLO INC: Cheli Sues Over Inaccessible Parking Spaces
--------------------------------------------------------
CHARLENE CHELI, individually and on behalf of all others similarly
situated, Plaintiff v. CAROLLO, INC., Defendant, Case No.
1:24-cv-01104 (D.N.J., Feb. 26, 2024) alleges violation of the
Americans with Disabilities Act.
According to the Plaintiff in the complaint, the Defendant failed
to provide the requisite number of compliant accessible parking
spaces and van-accessible parking spaces, as well as the requisite
number of access aisles and van access aisles, in the Defendant's
shopping center/plaza located at Franklinville, New Jersey, in
violation of ADA.
Due to the lack of accessible parking, the Plaintiff was forced to
park away from the shopping center so that she could freely access
her vehicle.
CAROLLO, INC. owns and operates a shopping center/plaza in
Franklinville, New Jersey, known as Lina Plaza. [BN]
The Plaintiff is represented by:
Jon G. Shadinger Jr., Esq.
SHADINGER LAW, LLC
717 E. Elmer Street, Suite 7
Vineland, NJ 08360
Telephone: (609) 319-5399
Email: js@shadingerlaw.com
CAVA GROUP: Continues to Defend Haman Class Suit in S.D. Cal.
-------------------------------------------------------------
CAVA Group Inc. disclosed in its Form 10-K Report for the fiscal
period ending December 31, 2024 filed with the Securities and
Exchange Commission on February 27, 2024, that the Company
continues to defend itself from the Haman class suit in the U.S.
District Court for the Southern District of California.
In April 2022, the Company was named as a defendant in a purported
class action complaint relating to organic fluorine and per- and
polyfluoroalkyl substances ("PFAS") in the packaging of its grain
and salad bowls. Hamman et al. v. Cava Group, Inc. was filed on
April 27, 2022 in the U.S. District Court for the Southern District
of California.
An amended complaint was subsequently filed on August 18, 2022.
After an initial round of motion to dismiss briefing, the court
granted in part and denied in part its motion to dismiss on
February 8, 2023.
Thereafter, plaintiffs filed a second amended complaint on March 1,
2023 seeking, among other relief, compensatory damages in an
unspecified amount and medical monitoring.
The complaint alleges that certain of its products are unfit for
human consumption due to the packaging containing allegedly
heightened levels of organic fluorine and unsafe PFAS, and that
consumers were misled by certain marketing claims asserted by the
Company regarding the health and sustainability of its products.
The complaint further alleges that its products may have caused
bodily injuries to the putative class members who consumed its
products.
After a further round of motion to dismiss briefing, in December
2023, the court denied the Company's latest motion to dismiss parts
of the case.
It answered the suit in January 2024.
In April 2023, the Company was served with a demand letter alleging
that it use unhealthy and unsustainable PFAS in its packaging, that
its products contain synthetic biocides, and that its "healthy" and
"sustainable" marketing claims constitute false and deceptive
advertising.
The letter demanded that the Company take certain actions,
including refraining from using or sourcing packaging containing
PFAS and adding certain product warnings.
The letter further threatened to file an action styled as GMO Free
USA v. Cava Group, Inc. in the Superior Court of the District of
Columbia Civil Division.
The suit was filed on or about October 12, 2023, expounding the
demand letter's allegations and seeking declaratory and injunctive
relief, as well as payment of the plaintiffs' attorney's fees, in
connection with alleged violations of D.C. consumer law.
As of the date hereof, the Company's motion to dismiss the suit is
pending.
In connection with Hamman et al. v. Cava Group, Inc., on September
21, 2022, Travelers Property Casualty Company of America sought a
declaratory judgment that it is not liable for insurance coverage
in relation to the allegations asserted in the Hamman complaint
related to PFAS, and it sought recoupment of the Company's legal
costs in the Hamman action.
The Company is vigorously defending itself in this matter.
CAVA Group, Inc. is into consumer packaged goods consisting of the
its proprietary dips, spreads and dressings. It also operates 279
fast-casual CAVA restaurants in 24 states and Washington D.C.
CAVA GROUP: Continues to Defend Travelers Property Class Suit
-------------------------------------------------------------
CAVA Group Inc. disclosed in its Form 10-K Report for the fiscal
period ending December 31, 2024 filed with the Securities and
Exchange Commission on February 27, 2024, that the Company
continues to defend itself from the Travelers Property Co. class
suit in the U.S. District Court for the Central District of
California.
On September 21, 2022, Travelers Property Casualty Company of
America et al v. Cava Group, Inc. was filed September 21, 2022 in
the Superior Court of the State of California, County of Orange.
On November 9, 2022, it removed the action to the U.S. District
Court for the Central District of California.
On December 16, 2022, it filed a motion to dismiss and a motion to
transfer the case to the U.S. District Court for the District of
Columbia.
On February 13, 2024, the motion to transfer was granted, which has
resulted in the case being transferred to the U.S. District Court
for the District of Columbia.
Depending on the outcome of the Travelers’ action as a whole, it
may not be able to recover from it insurance the full amount of any
damages it might incur in matters related to PFAS, including both
the Hamman action and GMO Free USA action.
The Company is vigorously defending itself in this matter.
It recently engaged in settlement discussions and recorded an
immaterial accrual in the accompanying consolidated financial
statements in connection with these matters.
CONVOY INC: Class Cert Bid Filing in Pfingsten Due Feb. 10, 2025
----------------------------------------------------------------
In the class action lawsuit captioned as MICHAEL PFINGSTEN,
individually and on behalf of all others similarly situated, v.
CONVOY, INC., a Washington Corporation, Case No. 2:23-cv-01629-BJR
(W.D. Wash.), the Hon. Judge Barbara J. Rothstein entered an order
sets the following deadlines and briefing schedule:
Deadline Date
Deadline to complete discovery on class Nov. 18, 2024
certification (not to be construed as a
bifurcation of discovery)
Deadline for Plaintiffs to file Motion for Feb. 10, 2025
Class Certification
Deadline for Defendant to file Response to March 10, 2025
Motion for Class Certification
Deadline for Plaintiffs to file Reply in March 24, 2025
Support of Motion for Class Certification
Convoy is a digital freight network that moves truckloads and
design solutions that address supply chain inefficiencies.
A copy of the Court's order dated Feb. 7, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=W60sEk at no extra
charge.[CC]
DRAFTKINGS INC: Stay of Consolidated Suit Extended
--------------------------------------------------
Draftkings Inc. disclosed in its Form 10-Q report for the quarterly
period ended September 30, 2023, filed with the Securities and
Exchange Commission on November 3, 2023, that on January 18, 2024,
the court entered a stipulated order extending the stay of
consolidated case captioned "In re Golden Nugget Online Gaming,
Inc. Stockholders Litigation," consolidated on October 12, 2022 in
the Delaware Court of Chancery, until resolution of a parallel
proceeding in Delaware Chancery Court.
On August 12, 2022, a putative class action was filed in Nevada
state District Court in Clark County against Golden Nugget Online
Gaming, Inc. (GNOG), the company and one of its officers and two
affiliates, as well as former officers or directors and the former
controlling stockholder of GNOG Inc. and Jefferies LLC.
The lawsuit asserts claims on behalf of a putative class of former
minority stockholders of GNOG alleging that certain former officers
and directors of GNOG and its former controlling stockholder
(Tilman Fertitta and/or Fertitta Entertainment, Inc.) breached
their fiduciary duties to minority stockholders of GNOG. in
connection with the GNOG merger with Draftkings Inc. and the other
defendants aided and abetted the alleged breaches of fiduciary
duty.
On October 12, 2022, the Delaware Court of Chancery consolidated
this with another action under the caption "In re Golden Nugget
Online Gaming, Inc. Stockholders Litigation."
On November 1, 2022, defendants filed motions to dismiss the action
on the procedural grounds of improper forum and lack of personal
jurisdiction over certain defendants or, in the alternative, to
stay the action pending resolution of parallel proceedings in the
Delaware Court of Chancery.
On May 24, 2023, the court granted the motions to dismiss for
improper forum with respect to GNOG Inc. and its former officers
and directors other than Mr. Fertitta, as well as Jefferies LLC,
denied the motions to dismiss for improper forum with respect to
the Company and its officer and two affiliates, as well as Mr.
Fertitta and Fertitta Entertainment, Inc., and granted the
non-dismissed defendants' alternative request to stay the action
for at least nine months pending resolution of parallel proceedings
in the Delaware Court of Chancery.
On June 29, 2023, the plaintiff filed a motion for reconsideration
of the court's order insofar as it found certain claims subject to
a Delaware forum requirement. On July 27, 2023, defendants filed
oppositions to the plaintiff's motion for reconsideration, and
certain defendants filed countermotions for certification of final
judgment as to the claims that the court previously dismissed
pursuant to its May 24, 2023 order.
On October 1, 2023, the court entered an order denying the motion
for reconsideration and granting the motion for certification of
final judgment as to the defendants whose claims against them
previously were dismissed.
Draftkings Inc. is a digital sports entertainment and gaming
company that provides users with online sports betting, online
casino and daily fantasy sports product offerings, as well as
retail sportsbook, media and other consumer product offerings. On
May 5, 2022, DraftKings Inc. (formerly New Duke Holdco, Inc.)
consummated the acquisition of Golden Nugget Online Gaming, Inc.,
pursuant to a definitive agreement and plan of merger, dated August
9, 2021, in an all-stock transaction.
EVERBRIDGE INC: Continues to Defend Securities Class Suit
---------------------------------------------------------
Everbridge Inc. disclosed in its Form 10-K Report for the fiscal
period ending December 31, 2024 filed with the Securities and
Exchange Commission on February 27, 2024, that the Company
continues to defend itself from a securities class suit in the
United States District Court for the Central District of
California.
In April 2022, a putative class action lawsuit was filed in the
United States District Court for the Central District of California
against the Company, Jaime Ellertson, Patrick Brickley, and David
Meredith (the Company's former Chief Executive Officer) by Sylebra
Capital Partners Master Fund Ltd, Sylebra Capital Parc Master Fund,
and Sylebra Capital Menlo Master Fund (collectively, "Sylebra").
In September 2022, Sylebra filed an amended and restated complaint
(the "First Amended Complaint").
The lawsuit alleges violations of the federal securities laws by
the Company and certain of its officers and directors arising out
of purported misrepresentations in the information the Company
provided to investors regarding the Company's organic and inorganic
revenue growth, and the status of integrating acquisitions, which
allegedly artificially inflated the price of the Company's stock
during the period from November 4, 2019 to February 24, 2022.
The Company is not able to estimate the amount of the loss
allegedly suffered by members of the putative class or the amount
of legal costs and internal efforts associated with defending the
Company and the Company's officers and directors.
The Company intends to defend the action vigorously.
In October 2022, the Company filed a motion to dismiss the lawsuit
on various grounds, including failure to plead any actionable
misstatement or omission, failure to establish scienter, and
failure to meet the pleading requirements of the Private Securities
Litigation Reform Act and other applicable law.
On May 9, 2023, the Court granted the Company's motion to dismiss
each of the claims, dismissing the First Amended Complaint in its
entirety, without prejudice.
Sylebra filed a Second Amended Complaint on June 30, 2023.
The Company has filed a motion to dismiss the Second Amended
Complaint and that motion was heard by the court on January 4,
2024.
The court has not yet rendered a decision on the motion.
Even if the Company were to prevail again, this litigation could
continue to be costly and time-consuming and divert the attention
of the Company's management and key personnel from the Company's
business operations.
During the course of the litigation, the Company anticipates
announcements of the results of hearings and motions, and other
interim developments related to the litigation.
If securities analysts or investors regard these announcements as
negative, the market price of the Company's common stock may
decline.
If the Company is unsuccessful in defending itself in this
litigation, this lawsuit could materially and adversely affect the
Company's business, financial condition, results of operations and
cash flows.
Everbridge, Inc. operates as an enterprise software company. The
Company provides applications that automate the delivery of
critical information to help keep people safe and businesses
running. Everbridge offers a software-as-a-service platform that
deliver messaging to a large group of people during critical
situations.
EXPENSIFY INC: Continues to Defend Wilhite Securities Class Suit
----------------------------------------------------------------
Expensify Inc. disclosed in its Form 10-K Report for the fiscal
period ending December 31, 2024 filed with the Securities and
Exchange Commission on February 26, 2024, that the Company
continues to defend itself from the Wilhite securities class suit
in the United States District Court for the District of Oregon.
On November 29, 2023, a putative securities class action (the
"Putative Class Action") was filed in the United States District
Court for the District of Oregon captioned Wilhite v. Expensify,
Inc., et al., Case No. 3:23-cv-01784-JR, naming the Company, two of
its executive officers and two of its former directors as
defendants.
The lawsuit is purportedly brought on behalf of all those who
purchased or acquired our stock pursuant or traceable to our
initial public offering ("IPO").
The complaint alleges claims under Sections 11 and 15 of the
Securities Act of 1933 based on allegedly false or misleading
statements in the offering documents filed in connection with our
IPO.
The lawsuit seeks unspecified damages and other relief.
On January 29, 2024, three shareholders moved to be appointed lead
plaintiff in the Putative Class Action.
The court has not yet ruled on those motions.
The defendants intend to deny the allegations of wrongdoing and
vigorously defend against the claims in the Putative Class Action.
Expensify provides a cloud-based expense management software
platform to individuals, small businesses, and corporations in the
U.S. and internationally.[BN]
FAMILY DOLLAR: Faces Berkley Suit Over Adulterated Drugs
--------------------------------------------------------
DANA BERKLEY; NINA PALLMAN; ETOYA GARRETT; and MARGARITE SAMPSON,
individually and on behalf of all others similarly situated,
Plaintiffs v. FAMILY DOLLAR STORES, INC.; DOLLAR TREE, INC.; DOLLAR
TREE STORES, INC.; FAMILY DOLLAR, INC.; and FAMILY DOLLAR SERVICES,
LLC, Defendants, Case No. 1:24-cv-00271-BKS-CFH (N.D.N.Y., Feb. 26,
2024) alleges that the Defendants sells adulterated over the
counter drugs and medical devices.
The Plaintiffs allege in the complaint that the Defendants are
engaged in unlawfully distributing and selling millions of dollars
of adulterated over-the-counter drugs and medical devices to
low-and fixed-income consumers, despite having notice and knowledge
that these products could not lawfully be sold, were unsafe for
human use or ingestion, and were defective. These products did not
meet safety, strength, quality, purity, and effectiveness
requirements because they were stored in extreme temperatures that
are outside of labeled temperature requirements, say the
Plaintiffs.
FAMILY DOLLAR STORES, INC. operates as a national discount store.
The Company offers merchandise that includes consumables, apparel,
accessories, seasonal, electronics, and home products. [BN]
The Plaintiffs are represented by:
Nathaniel Tarnor, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
68 3rd Street, Suite 249
Brooklyn, NY 11231
Telephone: (212) 752-5455
Facsimile: (917) 210-3980
Email: nathant@hbsslaw.com
- and -
Steve W. Berman, Esq.
Jerrod C. Patterson, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
1301 Second Avenue, Suite 2000
Seattle, WA 98101
Telephone: (206) 623-7292
Facsimile: (206) 623-0594
Email: steve@hbsslaw.com
jerrodp@hbsslaw.com
- and -
Gerald M. Abdalla, Jr., Esq.
ABDALLA LAW, PLLC
602 Steed Road, Suite 200
Ridgeland, MS 39157
Telephone: (601) 278-6055
Email: jerry@abdalla-law.com
FATE THERAPEUTICS: Continues to Defend Hadian Securities Class Suit
-------------------------------------------------------------------
Fate Therapeutics Inc. disclosed in its Form 10-K Report for the
fiscal period ending December 31, 2024 filed with the Securities
and Exchange Commission on February 26, 2024, that the Company
continues to defend itself from the Hadian securities class suit in
the U.S. District Court for the Southern District of California.
On January 20, 2023, a purported stockholder of the Company filed a
securities class action lawsuit against the Company and certain of
its officers captioned Hadian v. Fate Therapeutics, Inc. et al. in
the U.S. District Court for the Southern District of California
(the Securities Action).
On May 4, 2023, the court appointed a different purported
stockholder of the Company to serve as lead plaintiff in the
Securities Action.
On July 24, 2023, the lead plaintiff filed an amended complaint.
The amended complaint alleges that the Company violated the federal
securities laws by making allegedly false and/or misleading
statements and/or omissions in its public disclosures dating back
to August 2020 relating to our collaboration agreement with Janssen
Biotech, Inc. (the Janssen Agreement), potential product candidates
subject to the Janssen Agreement, and the termination of the
Janssen Agreement.
On September 22, 2023, it filed a motion to dismiss the amended
complaint in its entirety.
Briefing on its motion to dismiss was completed on December 6,
2023.
The court may, in its discretion, either hold oral argument on the
motion to dismiss or issue a ruling on the motion based upon the
parties' briefing.
The Company intends to continue to vigorously defend against this
action.
Fate Therapeutics, Inc. is a clinical-stage biopharmaceutical
company dedicated to bringing off-the-shelf,
multiplexed-engineered, iPSC-derived natural killer and T-cell
product candidates to patients for the treatment of cancer and
autoimmune disease.
FIDELITY NATIONAL: Continues to Defend Securities Class Suit
------------------------------------------------------------
Fidelity National Information Services Inc. disclosed in its Form
10-K Report for the fiscal period ending December 31, 2024 filed
with the Securities and Exchange Commission on February 26, 2024,
that the Company continues to defend itself from a securities class
suit in the United States District Court for the Middle District of
Florida.
On March 6, 2023, a putative class action was filed in the United
States District Court for the Middle District of Florida by a
shareholder of the Company.
The action was consolidated with another action and the
consolidated case is now captioned In re Fidelity National
Information Services, Inc. Securities Litigation.
A lead plaintiff has been appointed, and a consolidated amended
complaint was filed on August 2, 2023.
The consolidated amended complaint names the Company and certain of
its current and former officers as defendants and seeks damages for
alleged violations of federal securities laws in connection with
our disclosures relating to its former Merchant Solutions segment,
including with respect to its valuation, integration, and
synergies.
Defendants filed a motion to dismiss the consolidated amended
complaint with prejudice on September 22, 2023.
The Company intends to vigorously defend this case, but no
assurance can be given as to the ultimate outcome.
Fidelity National Information Services, Inc. is a multinational
corporation which offers a wide range of financial products and
services, most known for its development of Financial Technology,
or FinTech. As of 2020 it offers its solutions in three primary
segments: Merchant Solutions, Banking Solutions, and Capital
Market
Solutions.
FINEPOINTS PRIVATE: Bobb Seeks Conditional Class Certification
--------------------------------------------------------------
In the class action lawsuit captioned as MARGARET BOBB, v.
FINEPOINTS PRIVATE DUTY HEALTHCARE, LLC, et al., Case No.
1:23-cv-03129-JKB (D. Md.), the Plaintiff asks the Court to enter
an order granting Plaintiff's motion for conditional certification
and issuance of Court-authorized notice.
Pursuant to 29 U.S.C. section 216(b) of the Fair Labor Standards
Act, Plaintiff Margaret Bobb, by and through her undersigned
counsel AARP Foundation and the Public Justice Center, submits her
Motion for Conditional Certification and Issuance of
Court-Authorized Notice for the wage and overtime claims.
FinePoints provides skilled and non-skilled home health care
services.
A copy of the Plaintiff's motion dated Feb. 7, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=QEH84m at no extra
charge.[CC]
The Plaintiff is represented by:
Benjamin Davis, Esq.
Daniel Kohrman, Esq.
AARP FOUNDATION
601 E Street, NW
Washington, DC 20049
Telephone: (202) 434-2064
Facsimile: (202) 434-6424
- and -
David Rodwin, Esq.
PUBLIC JUSTICE CENTER
201 North Charles Street, Suite 1200
Baltimore, MD 21201
Telephone: (410) 625-9409
Facsimile: (410) 625-9423
FRESHWORKS INC: Shareholder Suit Over IPO Ongoing in N.D. Cal.
--------------------------------------------------------------
Freshworks Inc. disclosed in its Form 10-Q for the quarterly period
ended June 30, 2023, filed with the Securities and Exchange
Commission on February 16, 2024, that on November 1, 2022, a
purported company stockholder filed a securities class action
complaint in the U.S. District Court for the Northern District of
California against the company, certain of its current officers and
directors, and underwriters of the company's initial public
offering (IPO).
On April 14, 2023, the court-appointed lead plaintiff filed a
consolidated amended class action complaint. The complaint alleges
that defendants violated Sections 11, 12(a)(2), and 15 of the
Securities Act of 1933 by making material misstatements or
omissions in offering documents filed in connection with the IPO.
The complaint seeks unspecified damages, interest, fees, costs, and
rescission on behalf of purchasers and/or acquirers of common stock
issued in the IPO. On June 14, 2023, defendants filed a motion to
dismiss the complaint.
On September 28, 2023, the court issued an order granting in part
and denying in part defendants' motion to dismiss.
Freshworks Inc. is a software development company that provides
modern software-as-a-service products. It is headquartered in San
Mateo, California.
GENERAL MOTORS: Bid to Partially Reconsider Judgment Relief Tossed
------------------------------------------------------------------
In the class action lawsuit captioned as JASON COUNTS, et al., v.
GENERAL MOTORS, LLC, and ROBERT BOSCH, LLC, Case No.
1:16-cv-12541-TLL-PTM (E.D. Mich.), the Hon. Judge Thomas L.
Ludington entered an order denying the plaintiffs' motion to
partially reconsider or grant partial relief from judgment.
Accordingly, the Plaintiffs' motion to partially reconsider or
grant Partial Relief from Judgment is denied.
The Plaintiffs are correct that a post-settlement change in the law
does not render a settlement agreement moot or unenforceable.
The Plaintiffs are a group of consumers who purchased a 2014 or
2015 Chevrolet Cruze diesel (the "diesel Cruze") and sought to
represent a putative class of "all persons who purchased or leased
a [diesel Cruze]."
The Plaintiffs' alleged injury was their overpayment for a diesel
Cruze caused by Defendants General Motors and Bosch duping them
into buying a diesel Cruze with a "defeat device" that made the
emissions comply with the regulations of the Environmental
Protection Agency (EPA) and California Air Resources Board
("CARB").
General Motors is an American multinational automotive
manufacturing company.
A copy of the Court's order dated Feb. 7, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=633Ou8 at no extra
charge.[CC]
GN TRANSPORTATION: Filing for Class Certification Bid Due Sept. 17
------------------------------------------------------------------
In the class action lawsuit captioned as LUCAS LEE, on behalf of
himself and all others similarly situated, v. GN TRANSPORTATION
LLC, a Wisconsin corporation; CJ LOGISTICS AMERICA, LLC, a
California corporation; and DOES 1 through 50, inclusive, Case No.
2:23-cv-04704-FMO-KS (C.D. Cal.), the Hon. Judge Fernando M. Olguin
entered an order modifying the Scheduling and Case Management
Order:
-- The Parties shall complete their settlement April 8,
2024
conference before a private mediator no
later than:
-- All fact discovery shall be completed no June 4, 2024
later than:
-- All expert discovery shall be completed Aug. 13,
2024
by:
-- The parties must serve their Initial Expert June 18,
2024
Witness Disclosures no later than:
-- Rebuttal Expert Witness Disclosures shall July 18, 2024
be served no later than:
-- Any motion for class certification shall Sept. 17,
2024
be filed no later than:
GN provides a wide range of transportation and logistics services
throughout North America.
A copy of the Court's order dated Feb. 7, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=2d43nG at no extra
charge.[CC]
The Plaintiff is represented by:
James R. Hawkins, Esq.
Isandra Y. Fernandez, Esq.
Anthony L. Draper, Esq.
JAMES HAWKINS APLC
9880 Research Drive, Suite 200
Irvine, CA 92618
E-mail: james@jameshawkinsaplc.com
anthony@jameshawkinsaplc.com
isandra@jameshawkinsaplc.com
The Defendants are represented by:
Emma Luevano, Esq.
Elaine Kim, Esq.
Te'Aira Law, Esq.
MITCHELL SILBERBERG & KNUPP LLP
2049 Century Park East, 18th Floor
Los Angeles, CA 90067
Telephone: (312) 222-0800
Facsimile: (312) 222-0818
E-mail: ekk@msk.com
eyl@msk.com
tla@msk.com
HALLRICH INCORPORATED: Hess Seeks to Send Collective Action Notice
------------------------------------------------------------------
In the class action lawsuit captioned as Madelyn Hess, On behalf of
herself and those similarly situated, v. Hallrich Incorporated, et
al.; Case No. 4:24-cv-00077-BMB (N.D. Ohio), the Plaintiff asks the
Court to enter an order authorizing her to send notice of the
pendency of the action to her fellow pizza delivery drivers.
Specifically, the Plaintiff seeks to notify the following
employees:
"All current and former delivery drivers employed at
Defendants'
Pizza Hut stores between the date three years prior to filing of
the original complaint and the date of the Court's Order
approving
notice."
The case is a wage and hour lawsuit filed on behalf of pizza
delivery drivers who work at the Pizza Hut franchise stores owned
and operated by two franchise groups: Bluegrass Pizza (SFR X
Holdings, LLC and Greg Chaffin) and Hallrich, Inc.
Ms. Hess alleges that the Defendants subjected all of their pizza
delivery drivers to the same basic terms of employment: they pay
minimum wage minus a tip credit for all hours worked while on the
road making deliveries, they require drivers to drive their own
cars to deliver Defendants' pizzas, and they reimburse a per-mile
for vehicle expenses that is less than the IRS standard business
mileage rate and does not reasonably approximate the drivers'
expenses.
The Plaintiff asks the Court to authorize notice of this lawsuit be
sent to all similarly situated delivery drivers who have worked at
Defendants' stores so that they can decide whether to join the
case.
Hallrich operates fast food restaurants.
dated Feb. 8, 2024 is available from PacerMonitor.com at
https://urlcurt.com/u?l=xJVvGD at no extra charge.[CC]
The Plaintiff is represented by:
Andrew R. Biller, Esq.
Andrew P. Kimble, Esq.
Laura E. Farmwald, Esq.
BILLER & KIMBLE, LLC
8044 Montgomery Rd., Suite 515
Cincinnati, OH 45236
Telephone: (513) 202-0710
Facsimile: (614) 340-4620
E-mail: abiller@billerkimble.com
akimble@billerkimble.com
lfarmwald@billerkimble.com
www.billerkimble.com
HANESBRANDS INC: Faces Toussaint Suit Over Ransomware Incident
--------------------------------------------------------------
Hanesbrands 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 16, 2024, that the company was
named in a putative class action entitled "Toussaint et al. v.
HanesBrands, Inc." in connection with a May 24, 2022 ransomware
incident.
This lawsuit was filed on April 27, 2023, and is pending in the
United States District Court for the Middle District of North
Carolina, and follows the consolidation of two previously pending
lawsuits, entitled "Roman v. Hanes Brands, Inc., filed October 7,
2022, and Toussaint v. HanesBrands, Inc., filed October 14, 2022.
The lawsuit alleges, among other things, negligence, negligence per
se, breach of implied contract, invasion of privacy, unjust
enrichment, breach of implied covenant of good faith and fair
dealing and unfair business practices under the California Business
and Professions Code. The pending lawsuit seeks, among other
things, monetary and injunctive relief.
Hanesbrands Inc. and its subsidiaries is a global leader in branded
everyday apparel in the Americas, Australia, Europe and Asia under
some of the world's strongest apparel brands, including Hanes,
Champion, Bonds, Bali, Maidenform, Bras N Things, Playtex,
Wonderbra, Gear for Sports, Berlei, Comfortwash, Alternative and
JMS/Just My Size. The company designs, manufactures, sources and
sells a broad range of innerwear apparel, such as T-shirts, bras,
panties, shapewear, underwear and socks, as well as activewear
products that are manufactured or sourced in our low-cost global
supply chain.
HOMESERVICES OF AMERICA: Faces Boykin Class Suit in Nevada
----------------------------------------------------------
HomeServices of America disclosed in its Form 10-K Report for the
fiscal period ending December 31, 2024 filed with the Securities
and Exchange Commission on February 23, 2024, that the Company
faces the Boykin class suit in the U.S. District Court for the
District of Nevada.
In February 2024, the Boykin v. BHH Affiliates, LLC, et al., Case
No. 24CV00340, compliant was filed in the U.S. District Court for
the District of Nevada.
This putative class action lawsuit was brought on behalf of named
plaintiff Angela Boykin against the NAR, BHH Affiliates, LLC and
additional named defendants.
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]
HOMESERVICES OF AMERICA: Faces Fierro Class Suit in C.D. Cal.
-------------------------------------------------------------
HomeServices of America disclosed in its Form 10-K Report for the
fiscal period ending December 31, 2024 filed with the Securities
and Exchange Commission on February 23, 2024, that the Company
faces the Fierro class suit in the U.S. District Court for the
Central District of California.
In January 2024, the Fierro v. BHH Affiliates, LLC, et al., Case
No. 24CV00449, complaint was filed in the U.S. District Court for
the Central District of California.
This putative class action lawsuit was brought on behalf of named
plaintiffs Gael Fierro and Patrick Thurber against the NAR,
Berkshire Hathaway Inc., BHH Affiliates, LLC and additional named
defendants.
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]
HOMESERVICES OF AMERICA: Faces Jensen Class Suit in Utah
--------------------------------------------------------
HomeServices of America disclosed in its Form 10-K Report for the
fiscal period ending December 31, 2024 filed with the Securities
and Exchange Commission on February 23, 2024, that the Company
faces the Jensen class suit in the U.S. District Court for the
District of Utah.
In February 2024, the Jensen v. HomeServices of America, Inc., et
al., Case No. 24CV00109, complaint was filed in the U.S. District
Court for the District of Utah.
The putative class action lawsuit was brought on behalf of named
plaintiff Dalton Jensen against the NAR, Anywhere Real Estate,
Inc., HomeServices of America, Inc., HSF Affiliates, LLC, BHH
Affiliates, LLC and additional named defendants.
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]
HOMESERVICES OF AMERICA: Faces Masiello Class Suit in Arizona
-------------------------------------------------------------
Berkshire Hathaway Energy Co. disclosed in its Form 10-K Report for
the fiscal period ending December 31, 2024 filed with the
Securities and Exchange Commission on February 23, 2024, that the
Company's subsidiary, HomeServices of America Inc., faces the
Masiello class suit in the U.S. District Court of Arizona.
In January 2024, the Masiello v. Roy H. Long Realty, Inc. d/b/a
Long Realty et al., Case No. 24CV00045, complaint was filed in the
U.S. District Court for the District of Arizona.
This putative class action lawsuit was brought on behalf of named
plaintiff Joseph Masiello against the Arizona Association of
Realtors, Roy H. Long Realty, Inc. d/b/a Long Realty (a
HomeServices of America, Inc. subsidiary) and additional named
defendants.
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]
HOMESERVICES OF AMERICA: Faces Whaley Class Suit in Nevada
----------------------------------------------------------
HomeServices of America disclosed in its Form 10-K Report for the
fiscal period ending December 31, 2024 filed with the Securities
and Exchange Commission on February 23, 2024, that the Company
faces the Whaley class suit in the U.S. District Court for the
District of Nevada.
In January 2024, the Whaley v. Berkshire Hathaway HomeServices
Nevada Properties et al., Case No. 24CV00105, amended complaint was
filed in the U.S. District Court for the District of Nevada.
This putative class action lawsuit was brought on behalf of named
plaintiff Nathaniel Whaley against the NAR, Berkshire Hathaway
HomeServices Nevada Properties (a HomeServices of America, Inc.
subsidiary) and additional named defendants.
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]
INNOVATION BAKERS: Fails to Pay Proper Wages, Carino Alleges
------------------------------------------------------------
FLORA MARTINEZ CARINO, individually and on behalf of all others
similarly situated, Plaintiff v. INNOVATION BAKERS LLC; and DOES 1
through 20, inclusive, Case No. 24STCV04689 (Cal. Super., Los
Angeles Cty., Feb. 26, 2024) is an action against the Defendant for
failure to pay minimum wages, overtime compensation, provide meals,
and provide accurate wage statements.
Plaintiff Carino was employed by the Defendants as a staff.
INNOVATION BAKERS, LLC was founded in 2021, with the goal of being
the premier fresh bakery in Southern California. [BN]
The Plaintiff is represented by:
Samuel A. Wong, Esq.
Kashif Haque, Esq.
Jessica L. Campbell, Esq.
AEGIS LAW FIRM, PC
9811 Irvine Center Drive, Suite 100
Irvine, CA 92618
Telephone: (949) 379-6250
Facsimile: (949) 379-6251
Email: jcampbell@aegislawfirm.com
INTERACTIVE BROKERS: Consumer Class Suit to Start in 2025
---------------------------------------------------------
Interactive Brokers Group Inc. disclosed in its Form 10-K Report
for the fiscal period ending December 31, 2024 filed with the
Securities and Exchange Commission on February 26, 2024, that the
U.S. District Court for the District of Connecticut tentatively
scheduled the start of consumer class suit in 2025.
‘
On December 18, 2015, a former individual customer filed a
purported class action complaint against IB LLC, IBG, Inc., and
Thomas Frank, Ph.D., the Company'’s Executive Vice President and
Chief Information Officer, in the U.S. District Court for the
District of Connecticut.
The complaint alleges that a purported class of IB LLC's customers
were harmed by alleged "flaws" in the computerized system used to
close out (i.e., liquidate) positions in customer brokerage
accounts that have margin deficiencies.
The complaint seeks, among other things, undefined compensatory
damages and declaratory and injunctive relief.
On September 28, 2016, the District Court issued an order granting
the Company's motion to dismiss the complaint in its entirety,
without leave to amend.
On September 28, 2017, the plaintiff appealed to the United States
Court of Appeals for the Second Circuit.
On September 26, 2018, the Court of Appeals affirmed the dismissal
of plaintiff's claims of breach of contract and commercially
unreasonable liquidation but vacated and remanded back to the
District Court plaintiff's claims for negligence.
The Company's motion to dismiss plaintiff's subsequent second
amended complaint was denied on September 30, 2019.
On July 14, 2022, after obtaining leave to amend his complaint, the
plaintiff filed a third amended complaint.
The Company's answer and counterclaim were filed on July 26, 2022.
On August 25, 2023, the Court granted plaintiff's motion for class
certification, certifying a class that consists of IB LLC account
holders (with some exclusions) who had positions liquidated from
December 18, 2013 to the date of trial at prices outside of a
"pricing corridor" defined in the Court's decision.
On September 8, 2023, the Company filed a petition for permission
to appeal the District Court’s class certification decision to
the United States Court of Appeals for the Second Circuit, which
denied the Company's petition on December 19, 2023.
The Company continues to believe that a purported class action is
inappropriate given the great differences in portfolios, markets
and many other circumstances surrounding the liquidation of any
particular customer's margin-deficient account.
Pursuant to a District Court scheduling order, trial is tentatively
scheduled to commence in 2025.
IB LLC and the related defendants continue to believe that the
plaintiff's claims are deficient and intend to continue to defend
themselves vigorously and, consistent with past practice, may
pursue any potential claims for counsel fees and expenses incurred
in defending the case.
Interactive Brokers Group, Inc. operates as an automated
electronic broker worldwide. It specializes in executing and
clearing trades in securities, futures, foreign exchange
instruments, bonds, and mutual funds. Interactive Brokers Group,
Inc. was founded in 1977 and is headquartered in Greenwich,
Connecticut.
JANUS HENDERSON: Continues to Defend Schissler Class Suit
---------------------------------------------------------
Janus Henderson Group PLC disclosed in its Form 10-K Report for the
fiscal period ending December 31, 2024 filed with the Securities
and Exchange Commission on February 27, 2024, that the Company
continues to defend itself from the Schissler class suit in the
United States District Court for the District of Colorado.
On September 9, 2022, a class action complaint, captioned Schissler
v. Janus Henderson US (Holdings) Inc., et al., was filed in the
United States District Court for the District of Colorado. Named as
defendants are Janus Henderson US (Holdings) Inc. ("Janus US
Holdings") and the Advisory Committee to the Janus 401(k) and
Employee Stock Ownership Plan ("Plan").
The complaint purports to be brought on behalf of a class
consisting of participants and beneficiaries of the Plan that
invested in Janus Henderson funds on or after September 9, 2016.
On January 10, 2023, in response to the defendants' motion to
dismiss filed on November 23, 2022, an amended complaint was filed
against the same defendants.
The amended complaint names two additional plaintiffs, Karly Sissel
and Derrick Hittson.
As amended, the complaint alleges that for the period September 9,
2016, through September 9, 2022, among other things, the defendants
breached fiduciary duties of loyalty and prudence by (i) selecting
higher-cost Janus Henderson funds over less expensive investment
options; (ii) retaining Janus Henderson funds despite their alleged
underperformance; and (iii) failing to consider actively managed
funds outside of Janus Henderson to add as investment options.
The amended complaint also alleges that Janus US Holdings failed to
monitor the Advisory Committee with respect to the foregoing.
The amended complaint seeks various declaratory, equitable and
monetary relief in unspecified amounts.
On February 9, 2023, the defendants filed an amended motion to
dismiss the amended complaint.
On March 13, 2023, the plaintiffs filed an opposition to the
amended motion to dismiss.
The defendants filed their reply to the plaintiffs’ opposition on
March 28, 2023.
On September 7, 2023, a magistrate judge issued a report and
recommendation, which recommended that the motion to dismiss be
granted in part and denied in part.
On September 21, 2023, the parties filed objections to the report
and recommendation.
Briefing on the parties' objections concluded on October 12, 2023.
A final ruling by the district court remains pending.
Janus US Holdings believes the claims asserted in the amended
complaint are without merit and intends to vigorously defend
against these claims.
Janus Henderson Group PLC is a global asset manager and manages a
range of investment products, operating across various product
lines, distribution channels and geographic regions.
JOHNSON & JOHNSON: Appeals Order Granting Class Certification
-------------------------------------------------------------
Johnson & Johnson disclosed in its Form 10-Q for the fiscal year
ended December 31, 2023, filed with the Securities and Exchange
Commission on February 16, 2024, that in February 2018, a
securities class action lawsuit was filed against the company and
certain named officers in the United States District Court for the
District of New Jersey, alleging that it violated the federal
securities laws by failing to disclose alleged asbestos
contamination in body powders containing talc, primarily "Johnson's
Baby Powder," and that purchasers of the company's shares suffered
losses as a result.
In April 2019, the company moved to dismiss the complaint. In
December 2019, the court denied, in part, the motion to dismiss. In
April 2021, briefing on plaintiff's motion for class certification
was completed. The case was stayed in May and was reopened in May
2023. In December 2023, the court granted plaintiff's motion for
class certification.
In January 2024, defendants filed a petition with the Third Circuit
under Federal Rule of Civil Procedure 23(f) for permission to
appeal the court's order granting class certification. Fact
discovery is proceeding.
Johnson & Johnson is a multinational, pharmaceutical and medical
technologies corporation headquartered in New Brunswick, New
Jersey.
JOHNSON & JOHNSON: Faces Adley Class Action in New Jersey
---------------------------------------------------------
Johnson & Johnson disclosed in its Form 10-Q for the fiscal year
ended December 31, 2023, filed with the Securities and Exchange
Commission on February 16, 2024, that a class action advancing
claims relating to industrial talc was filed against the Company
and others in New Jersey state court in May 2022.
The Edley class action asserts, among other things, that the
company fraudulently defended past asbestos personal injury
lawsuits arising from exposure to industrial talc mined, milled,
and manufactured before January 6, 1989 by the company's then
wholly owned subsidiary, Windsor Minerals, Inc., which is currently
a debtor in the Imerys Bankruptcy described hereafter.
The company removed this to federal court in the District of New
Jersey. In October 2022, the company filed motions to dismiss and
to deny certification of a class to pursue the Edley Class Action
in the New Jersey District Court. Argument on the motions was heard
in November 2023.
Johnson & Johnson is a multinational, pharmaceutical and medical
technologies corporation headquartered in New Brunswick, New
Jersey.
JP MORGAN: Court OK's Settlement in US Virgin Islands Suit
----------------------------------------------------------
JPMorgan Chase & Co. disclosed in its Form 10-Q for the fiscal year
ended December 31, 2023, filed with the Securities and Exchange
Commission on February 16, 2024, that in November 2022, a putative
class action filed by an alleged sex-trafficking victim of Epstein
and another which was filed in December 2022, was brought on behalf
of the government of the United States Virgin Islands and also
alleges certain Virgin Islands statutory claims.
In March 2023, the Court granted in part and denied in part
JPMorgan Chase Bank, N.A.'s motions to dismiss these complaints,
allowing some claims to proceed in both lawsuits.
In June 2023, the court granted the putative class' motion for
class certification and granted a preliminary approval of a
settlement between the class and JPMorgan Chase Bank, N.A.,
pursuant to which JPMorgan Chase Bank, N.A. will pay $290 million
to a fund for Epstein survivors. In November 2023, the court
granted final approval of the settlement, rejecting objections,
including those of certain state Attorneys General, regarding the
victims' releases.
JPMorgan Chase & Company is a commercial bank based in New York,
NY.
KOTOBUKI RESTAURANT: Plaintiffs Seek Pre-Motion Conference
----------------------------------------------------------
In the class action lawsuit captioned as Sheng Wei Yu et al, v.
Kotobuki Restaurant, Inc. et al., Case No. 2:17-cv-04202-JMA-JMW
(E.D.N.Y.), the Plaintiffs requests a pre-motion conference to
discuss the relief to be sought.
The Plaintiff contends that the Defendants failed to provide
written notice as required by law and regulation to their tipped
employees, including waiters/waitresses and bussers working, but
took credit against tipped employees who were paid subminimum wage
below the statutory minimum wage, while they spent two to three
(2-3) hours a day doing non-tipped side job amounted to between
28%-31% times in given workday.
-- Certification of the case as a class action pursuant to Fed. R.
Civ. P. 23(a) and (b)(3) on behalf of all non-exempt employees
(including kitchen chefs, sushi chefs, dishwashers,
miscellaneous
kitchen workers, waiters/waitresses, packers, and bussers)
employed by the Defendants since Jan. 1, 2016 until present;
-- Designation of Plaintiffs SHENG WEI YU, KENICHI MURAKI, WEI JIE
YU, and AIMEE LACADEN class representatives, and appointment of
Troy Law, PLLC as class counsel in this matter; and
-- Court-facilitated notice of class action in English, Chinese,
Japanese, Korean, and Spanish to Class Members in the form
proposed.
Kotobuki is a traditional Japanese Restaurant.
A copy of the Plaintiffs' motion dated Feb. 8, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=bCNXl8 at no extra
charge.[CC]
The Plaintiffs are represented by:
John Troy, Esq.
TROY LAW, PLLC
41-25 Kissena Boulevard, Suite 110
Flushing, NY 11355
Telephone: (718) 762-1324
Facsimile: (718) 762-1342
E-mail: johntroy@troypllc.com
LABORATORY CORP OF AMERICA : Continues to Defend Davis, Vargas Suit
-------------------------------------------------------------------
Laboratory Corp. of America Holdings disclosed in its Form 10-K
Report for the fiscal period ending December 31, 2024 filed with
the Securities and Exchange Commission on February 14, 2024, that
the Company continues to defend itself from the Davis and Vargas
class suit in the U.S. District Court for the Central District of
California.
On January 31, 2020, the Company was served with a putative class
action lawsuit, Luke Davis and Julian Vargas, et al. v. Laboratory
Corporation of America Holdings, filed in the U.S. District Court
for the Central District of California.
The lawsuit alleges that visually impaired patients are unable to
use the Company's touchscreen kiosks at Company patient service
centers in violation of the Americans with Disabilities Act and
similar California statutes.
The lawsuit seeks statutory damages, injunctive relief, and
attorney's fees and costs.
On March 20, 2020, the Company filed a Motion to Dismiss
Plaintiffs' Complaint and to Strike Class Allegations.
In August 2020, the Plaintiffs filed an Amended Complaint.
On April 26, 2021, the Plaintiffs and the Company each filed
Motions for Summary Judgment and the Plaintiffs filed a Motion for
Class Certification.
On May 23, 2022, the court entered an order granting Plaintiffs'
Motion for Class Certification.
On June 6, 2022, the Company filed a Petition for Permission to
Appeal the Order Granting Class Certification with the U.S. Court
of Appeals for the Ninth Circuit.
On September 22, 2022, the Ninth Circuit granted the Company's
Petition for Permission to Appeal the Order Granting Class
Certification.
On February 8, 2024, the Ninth Circuit affirmed the trial court's
decision to certify both a California damages class and a
nationwide injunctive class.
The Company will vigorously seek rehearing and further appeal if
necessary.
Laboratory Corp is a provider of clinical laboratory services and
end-to-end drug development support.
LABORATORY CORP OF AMERICA: Continues to Defend Davis Class Suit
----------------------------------------------------------------
Laboratory Corp. of America Holdings disclosed in its Form 10-K
Report for the fiscal period ending December 31, 2024 filed with
the Securities and Exchange Commission on February 14, 2024, that
the Company continues to defend itself from the Davis class suit in
the Circuit Court of the Thirteenth Judicial Circuit for
Hillsborough County, Florida.
On August 31, 2015, the Company was served with a putative class
action lawsuit, Patty Davis v. Laboratory Corporation of America,
et al., filed in the Circuit Court of the Thirteenth Judicial
Circuit for Hillsborough County, Florida.
The complaint alleges that the Company violated the Florida
Consumer Collection Practices Act by billing patients who were
collecting benefits under the Workers' Compensation Statutes.
The lawsuit seeks injunctive relief and actual and statutory
damages, as well as recovery of attorney's fees and legal expenses.
In April 2017, the Circuit Court granted the Company's Motion for
Judgment on the Pleadings.
The Plaintiff appealed the Circuit Court's ruling to the Florida
Second District Court of Appeal.
On October 16, 2019, the Florida Second District Court of Appeal
reversed the Circuit Court's dismissal, but certified a controlling
issue of Florida law to the Florida Supreme Court.
On February 17, 2020, the Florida Supreme Court accepted
jurisdiction of the lawsuit.
The court held oral arguments on December 9, 2020. On May 26, 2022,
the Florida Supreme Court issued an opinion approving the result of
the Florida Second District Court of Appeal in favor of the
Plaintiff.
The Company will vigorously defend the lawsuit.
Laboratory Corp is a provider of clinical laboratory services and
end-to-end drug development support.
LABORATORY CORP OF AMERICA: Continues to Defend Howard Class Suit
-----------------------------------------------------------------
Laboratory Corp. of America Holdings disclosed in its Form 10-K
Report for the fiscal period ending December 31, 2024 filed with
the Securities and Exchange Commission on February 14, 2024, that
the Company continues to defend itself from the Howard class suit
in the U.S. District Court for the Northern District of
California.
On June 7, 2023, the Company was served with a putative class
action lawsuit, Connie Howard, Yadira Yazmin Hernandez, and Deborah
Reynolds, et al. v. Laboratory Corporation of America, Laboratory
Corporation of America Holdings, and Meta Platforms, Inc., filed in
the U.S. District Court for the Northern District of California,
alleging that the Company's website includes a tracking code
created by Meta, known as the Meta Pixel, that sent information
related to Plaintiffs and their online activities to Meta.
Plaintiffs assert claims against the Company under California and
Pennsylvania law and seek to represent classes of all persons in
California, or in Pennsylvania, who allegedly entered search terms
into the Company’s website and who used Facebook during a time
that Plaintiffs allege the Meta Pixel was active on the Company's
website.
Plaintiffs seek an injunction, damages, attorneys’ fees, and
costs.
On August 23, 2023, the Company filed a Motion to Dismiss.
On September 5, 2023, the lawsuit was transferred to the U.S.
District Court for the Middle District of North Carolina.
On September 9, 2023, Plaintiffs filed an Amended Complaint.
Among other things, the Amended Complaint contains allegations that
in addition to the Meta Pixel, the Company's website uses Google
Analytics and other online tracking technologies.
On October 11, 2023, the Company filed a Motion to Dismiss the
Amended Complaint.
The Company will vigorously defend the lawsuit.
Laboratory Corp is a provider of clinical laboratory services and
end-to-end drug development support.
LABORATORY CORP OF AMERICA: Continues to Defend Wiggins Class Suit
------------------------------------------------------------------
Laboratory Corp. of America Holdings disclosed in its Form 10-K
Report for the fiscal period ending December 31, 2024 filed with
the Securities and Exchange Commission on February 14, 2024, that
the Company continues to defend itself from the Wiggins class suit
in the U.S. District Court for the Eastern District of
Pennsylvania.
On February 13, 2024, a putative class action lawsuit, Michael
Wiggins and Teri Stevens v. Laboratory Corporation of America
Holdings, was filed in the U.S. District Court for the Eastern
District of Pennsylvania, alleging that the Company's website
includes a computer code created by Google that sent information to
Google related to Plaintiffs and their online activities.
Plaintiffs assert statutory and common law claims against the
Company and seek to represent a class of all persons whose
protected health information was allegedly shared with Google from
the Company's website before March 8, 2023.
Plaintiffs seek an injunction, damages, attorneys' fees, and costs.
The Company will vigorously defend the lawsuit.
Laboratory Corp is a provider of clinical laboratory services and
end-to-end drug development support.
LABORATORY CORP OF AMERICA: Settlement in Bermejo I for Court Nod
-----------------------------------------------------------------
Laboratory Corp. of America Holdings disclosed in its Form 10-K
Report for the fiscal period ending December 31, 2024 filed with
the Securities and Exchange Commission on February 14, 2024, that
the final settlement in the Bermejo I class suit is subject to the
approval of the Superior Court of California, County of Los Angeles
Central District.
On May 14, 2020, the Company was served with a putative class
action lawsuit, Jose Bermejo v. Laboratory Corporation of America
(Bermejo I) filed in the Superior Court of California, County of
Los Angeles Central District, alleging that certain non-exempt
California-based employees were not properly compensated for
driving time or properly paid wages upon termination of employment.
The Plaintiff asserts these actions violate various California
Labor Code provisions and Section 17200 of the Business and
Professional Code.
The lawsuit seeks monetary damages, civil penalties, and recovery
of attorney's fees and costs.
On June 15, 2020, the lawsuit was removed to the U.S. District
Court for the Central District of California.
On June 16, 2020, the Company was served with a Private Attorney
General Act lawsuit by the same plaintiff in Jose Bermejo v.
Laboratory Corporation of America (Bermejo II), filed in the
Superior Court of California, County of Los Angeles Central
District, alleging that certain Company practices violated
California Labor Code penalty provisions related to unpaid and
minimum wages, unpaid overtime, unpaid meal and rest break
premiums, untimely payment of wages following separation of
employment, failure to maintain accurate pay records, and
non-reimbursement of business expenses.
The second lawsuit seeks to recover civil penalties and recovery of
attorney's fees and costs.
On October 28, 2020, the court issued an order staying proceedings
in Bermejo II pending resolution of Bermejo I.
The second lawsuit seeks to recover civil penalties and recovery of
attorney's fees and costs.
On February 24, 2022, the parties entered into a Memorandum of
Understanding of the terms of a settlement of the Bermejo I and
Bermejo II lawsuits.
The court granted preliminary approval of the parties' settlement
agreement of the Bermejo I lawsuit on March 17, 2023, and of the
Bermejo II lawsuit on November 29, 2023.
The settlement funds for the Bermejo I and Bermejo II settlements
have been transferred to a claims administrator for processing.
Once the claims administration is completed, the parties will seek
final settlement approval from the Court.
Laboratory Corp is a provider of clinical laboratory services and
end-to-end drug development support.
LOANDEPOT INC: Filing of Class Cert Bid Due Sept. 16
----------------------------------------------------
In the class action lawsuit captioned as JUSTIN AHRINGER, et al.,
v. LOANDEPOT, INC., et al., Case No. 8:23-cv-00186-CJC-JDE (C.D.
Cal.), the Hon. Judge Cormac J. Carney entered a scheduling order
as follows:
-- All discovery, including discovery motions, Feb. 13,
2025
shall be completed by:
-- The parties shall have until April 14,
2025
to file and have heard all
other motions, including motions to
join or amend the pleadings:
-- A pretrial conference will be held June 16,
2025
on Monday:
-- The case is set for a jury trial: June 24,
2025
-- The Plaintiff shall have until Sept. 16,
2024
to file and have heard any
class certification motion:
LoanDepot is an Irvine, California-based nonbank holding company
which sells mortgage and non-mortgage lending products.
A copy of the Court's order dated Feb. 7, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=JDQmZt at no extra
charge.[CC]
M&T BANK: Jaroslawicz Lose Class Certification Bid
--------------------------------------------------
In the class action lawsuit captioned as DAVID JAROSLAWICZ,
Individually and on behalf of all others similarly situated, v. M&T
BANK CORPORATION, HUDSON CITY BANCORP INC., ROBERT G. WILMERS, RENE
F. JONES, MARK J. CZARNECKI, BRENT D. BAIRD, ANGELA C. BONTEMPO,
ROBERT T. BRADY, T. JEFFERSON CUNNINGHAM III, GARY N. GEISEL, JOHN
D. HAWKE, JR., PATRICK W.E. HODGSON, RICHARD G. KING, JORGE G.
PEREIRA, MELINDA R. RICH, ROBERT E. SADLER, JR., HERBERT L.
WASHINGTON, DENIS J. SALAMONE, MICHAEL W. AZZARA, VICTORIA H.
BRUNI, DONALD O. QUEST, JOSEPH G. SPONHOLZ, CORNELIUS E. GOLDING,
WILLIAM G. BARDEL, and SCOTT A. BELAIR, Case No. 1:15-cv-00897-EJW
(D. Del.), the Hon. Judge Wallach entered an order concluding that
for purposes of class certification the DeRosa Event Study portion
of the Keath/DeRosa Report satisfies the Daubert standard.
The Court further concludes that the Plaintiffs have failed to
satisfy their burden in their Motion for Class Certification
regarding the commonality and predominance elements of Rule 23.
Accordingly, the present Memorandum Opinion and Order shall
substitute as the entire Order addressing Defendants' Motion to
Exclude and Plaintiffs' Motion for Class Certification, and Court's
August 28, 2023 Memorandum Opinion and Order, is vacated.
In accordance with the reasoning, the Defendants' motion to Exclude
is denied, and Plaintiffs' Motion for Class Certification is
denied.
M&T is a financial holding company headquartered in Buffalo, New
York.
A copy of the Court's order dated Feb. 7, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=WmxOyj at no extra
charge.[CC]
The Plaintiff is represented by:
Francis J. Murphy, Jr., Esq.
Jonathan L. Parshall, Esq.
MURPHY, SPADARO & LANDON
Wilmington, DE
- and -
Steven M. Coren, Esq.
Benjamin M. Mather, Esq.
Matthew R. Williams, Esq.
KAUFFMAN, COREN & RESS, P.C,
Philadelphia, PA.
The Defendant is represented by:
Brian M. Rostocki, Esq.
Anne M. Steadman, Esq.
Justin M. Forcier, Esq.
REED SMITH LLP
Wilmington, DE
- and -
Jonathan K. Youngwood, Esq.
Janet A. Gochman, Esq.
Tyler A. Anger, Esq.
Katherine A. Hardiman, Esq.
SIMPSON, THACHER & BARTLETT
New York, NY
- and -
Kevin R. Shannon, Esq.
Daniel Rusk, Esq.
POTTER ANDERSON &CORROON LLP
Wilmington, DE
- and -
Tracy Richelle, Esq.
High, Scott A. Foltz, Esq.
SULLIVAN & CROMWELL LLP
New York, NY
MARS PETCARE: Edgren Seeks Leave to File Supplemental Sur-Reply
---------------------------------------------------------------
In the class action lawsuit captioned as TAMARA MOORE, GRETA L.
ERVIN, RAFF ARANDO, NICHOLS SMITH, RENEE EDGREN, and CYNTHIA WELTON
on behalf of themselves and all others similarly situated, v. MARS
PETCARE US, INC.; ROYAL CANIN U.S.A., INC.; and HILL'S PET
NUTRITION, INC. Case No. 3:16-cv-07001-MMC (N.D. Cal.), the
Plaintiff Renee Edgren asks the Court to enter an order granting
her motion for leave of court to file supplemental sur-reply in
support of her motion for class certification as to the Mars
Petcare US, Inc.; memorandum of points and authorities in support
thereof.
Mars Petcare is a pet food company.
A copy of the Plaintiff's motion dated Feb. 8, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=ld3k7W at no extra
charge.[CC]
The Plaintiffs are represented by:
Michael A. Kelly, Esq.
Matthew D. Davis, Esq.
WALKUP, MELODIA, KELLY
& SCHOENBERGER
650 California Street, 26th Floor
San Francisco, CA 94108-2615
Telephone: (415) 981-7210
Facsimile: (415) 391-6965
E-mail: mkelly@walkuplawoffice.com
mdavis@walkuplawoffice.com
- and -
Michael L. McGlamry, Esq.
Kimberly J. Johnson, Esq.
Caroline G. McGlamry, Esq.
POPE MCGLAMRY, P.C.
3391 Peachtree Road, NE, Suite 300
Atlanta, GA 30326
Telephone: (404) 523-7706
Facsimile: (404) 524-1648
E-mail: mmcglamry@pmkm.com
kimjohnson@pmkm.com
carolinemcglamry@pmkm.com
- and -
Lynwood P. Evans, Esq.
Edward J. Coyne III, Esq.
Luke C. Tompkins, Esq.
WARD AND SMITH, P.A.
127 Racine Drive
Wilmington, NC 28403
Telephone: (910) 794-4800
Facsimile: (910) 794-4877
E-mail: lpe@wardandsmith.com
ejcoyne@wardandsmith.com
LCTompkins@wardandsmith.com
- and -
Daniel Shulman, Esq.
SHULMAN & BUSKE PLLC
126 North Third Street, Suite 401
Minneapolis, MN 55401
Telephone: (612) 870-7410
Facsimile: (612) 870-7462
E-mail: dan@shulmanbuske.com
- and -
Ellen M. Carey, Esq.
FORDE & O'MEARA LLP
191 North Wacker Drive, 31st Floor
Chicago, IL 60606
Telephone: (312) 641-1441
E-mail: ecarey@fordellp.com
The Defendants are represented by:
Michael Fredrick Tubach, Esq.
Hannah Y. Chanoine, Esq.
Gerard Savaresse, Esq.
Jeffrey A. N. Kopczynski, Esq.
Anna Schneider, Esq.
Richard B. Goetz, Esq.
Justine M. Daniels, Esq.
Jason Zarrow, Esq.
Amy Laurendeau, Esq.
O'MELVENY & MYERS LLP
Two Embarcadero Center, 28th Floor
San Francisco, CA 94111-3305
Direct: (415) 984-8876
Office: (415) 984-8700
Facsimile: (415) 984-8701
E-mail: mtubach@omm.com
hchanoine@omm.com
gsavaresse@omm.com
jkopczski@omm.com
aschneider@omm.com
rgoetz@omm.com
jdaniels@omm.com
alaurendeau@omm.com
jzarrow@omm.com
- and -
Jeffrey E. Faucette, Esq.
SKAGGS FAUCETTE LLP
Four Embarcadero Center, Suite 500
San Francisco, CA 94111
Office: (415) 295-1197
Facsimile: (415) 433-5994
E-mail: jeff@skaggsfaucette.com
- and -
Stephen D. Raber, Esq.
Joseph Bushur, Esq.
Campbell Curry-Ledbetter, Esq.
WILLIAMS & CONNOLLY LLP
725 Twelfth Street, N.W.
Washington, DC 20005
Office: (202) 434-5000
Facsimile: (2020 434-5029
E-mail: sraber@wc.com
jbusher@wc.com
ccurry-ledbetter@wc.com
MENZIES AVIATION: Plaintiffs Win Class Certification Bid
--------------------------------------------------------
In the class action lawsuit captioned as DORA PATRICIA AMAYA, an
individual; and ANIBAL SILVA, an individual; on behalf of
themselves and others similarly situated, v. MENZIES AVIATION
(USA), INC., a Delaware corporation; and DOES 1 through 10,
inclusive, Case No. 2:22-cv-05915-HDV-MAR (C.D. Cal.), the Hon.
Judge Hernan D. Vera entered an order granting the Plaintiffs'
motion for class certification:
"All current and former employees of Defendant Menzies Aviation
(USA), Inc., against which the Plaintiffs allege several
violations
of the California Labor Code."
The Plaintiffs Dora Patricia Amaya and Anibal Silva, themselves
current or former Menzies' employees, allege Menzies routinely
deprived employees of meal and rest periods, failed to pay
employees
legally-mandated premium wages for those missed meal and rest
breaks, and required employees to use personal cell phones for work
purposes without reimbursement.
The Plaintiffs further contend that Menzies' practices, driven by
the pressures and operational realities of the aviation industry,
resulted
in a pattern of Labor Code violations capable of classwide
adjudication.
-- The Plaintiffs' proposed class is comprised only of
California-
based employees. Defendant has operated in the State of
California, including extensively within the geographical
boundaries of this District. Menzies' raises no argument
against
the desirability of concentrating claims in this particular
forum,
nor does the Court see one.
Menzies is an aviation services company that provides ground
handling services, cargo handling services, and fueling services to
commercial airlines.
A copy of the Court's order dated Feb. 8, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=vkGZuZ at no extra
charge.[CC]
NEPTUNE WELLNESS: Settlement of Shareholder Suit Fully Paid
-----------------------------------------------------------
Neptune Wellness Solutions Inc. disclosed in its Form 10-Q Report
for the quarterly period ended September 30, 2022, filed with the
Securities and Exchange Commission on December 16, 2022, that as of
December 31, 2023, it has fully paid its settlement amount for a
March 16, 2021 purported shareholder class action filed in the
United States District court for the Eastern District of New York
against the company and certain of its current and former officers
alleging violations of Section 10(b) and 20(a) of the Securities
Exchange Act of 1934, with respect to the company's acquisition of
SugarLeaf Labs, Inc.
On October 21, 2022, the company announced that it had agreed to
settle and resolve the purported shareholder class action for a
gross payment to the class of between $4 and $4.25 million, with
the exact amount being within the company's control and dependent
on the type of consideration used. On March 16, 2023 the settlement
offer was accepted and the first payment in the amount of $500,000
was paid on March 22, 2023. Two additional payments of $500,000
each were subsequently made, on April 21, 2023, and May 4, 2023
respectively. Neptune remitted the balance of the settlement in
securities, by issuing 2,522,936 common shares worth an aggregate
of $2,750,000 on October 10, 2023.
Neptune Wellness Solutions Inc. is a modern consumer packaged goods
company based in Canada.
PACIFIC MARKET: Stanley Cup Contains Lead, Barbu Alleges
--------------------------------------------------------
LAURA BARBU, individually and on behalf of all others similarly
situated, Plaintiff v. PACIFIC MARKET INTERNATIONAL, LLC,
Defendant, Case No. 2:24-cv-00258-LK (W.D. Wash., Feb. 24, 2024) is
an action against the Defendant for deceptive and unfair business
practices and unlawful actions in connection with the design,
manufacture, advertising, and sale of its wildly popular, but
defective, Stanley cups in the United States.
The Plaintiff alleges in the complaint, that based on the
Defendant's material omissions, the Plaintiff was unaware that the
Stanley cups contained any lead and would not have purchased them
or would not have paid as much for them if that information were
fully disclosed. The Plaintiff was injured by paying a substantial
premium for the Stanley cups whose value was less than what
Plaintiff Barbu paid for them based on the presence of the lead.
As the result of the Defendant's negligent or knowingly deceptive
conduct, the Plaintiff was injured when she paid the purchase price
or a price premium for the Stanley cups, says the suit.
PACIFIC MARKET INTERNATIONAL, LLC provides containers. The Company
offers collapsible bowls, outdoor mugs, one-handed vacuum mugs,
water bottles, and tumblers. [BN]
The Plaintiff is represented by:
Lori G. Feldman, Esq.
GEORGE FELDMAN MCDONALD PLLC
102 Half Moon Bay Drive
Croton-on-Hudson, NY 10520
Telephone: (917) 983-9320
Facsimile: (888) 421-4173
Email: lfeldman@4-justice.com
- and -
David J. George, Esq.
GEORGE FELDMAN MCDONALD PLLC
9397 Lake Worth Road, Suite 302
Lake Worth, FL 33467
Telephone: (561) 232-6002
Facsimile: (888) 421-4173
Email: dgeorge@4-justice.com
PELICIA HALL: Alexander Suit Seeks Class Certification
------------------------------------------------------
In the class action lawsuit captioned as ANDREW ALEXANDER, et al.,
on behalf of themselves and all others similarly situated, v.
PELICIA E. HALL, et al., Case No. 4:20-cv-00021-SA-JMV (N.D.
Miss.), the Plaintiffs ask the Court to enter an order granting the
Plaintiffs' motion for class certification.
-- The "class period" is defined as February 7, 2017, through
Dec. 31, 2021.
-- The Class is defined is defined as "all persons incarcerated
at
Parchman Unit 29 for more than two weeks at any point during
the
class period and all persons incarcerated at Parchman Unit 32
for any period during the class period.”
-- Injuries suffered by class members will place them in one or
more of the following four subclasses. The Parchman Class
seeks
only nominal and punitive damages for the violation of the
class
members Eighth Amendment rights, class members with physical
injuries will fall into one or more of the following
subclasses.
-- The "Violence Subclass" is defined as "all persons
incarcerated
at Parchman Unit 29 and/or Unit 32 who were subjected to
physical violence during the class period." The Violence
Subclass would seek nominal, compensatory, and punitive
damages.
-- The "Unaffiliated Subclass" is defined as "all persons
incarcerated at Parchman Unit 29 and/or Unit 32 who were not
affiliated with any gang during the class period."
-- The Unaffiliated Subclass seeks nominal and punitive damages
above those members of the Parchman Class reflecting the
increased risk unaffiliated prisoners experienced while
housed
at Parchman Unit 29.
-- The "Illness Subclass" is defined as "all persons
incarcerated
at Parchman Units 29 or 32 during the class period who became
ill due to the food, water, vermin, or other conditions
within
those units." The Illness Subclass seeks nominal,
compensatory,
and punitive damages.
-- The "Structural Injuries Subclass" is defined as all persons
who
suffered a physical injury as a direct result of the
structural
conditions of Units 29 and/or 32, not including those
injuries
identified in the Violence Subclass or Illness Subclass." The
Structural Injuries Subclass seeks nominal, compensatory, and
punitive damages.
-- The Plaintiffs also move this Court to appoint the named
Plaintiffs as Class Representatives and appoint Plaintiffs'
counsel as class counsel.
A copy of the Plaintiff's motion dated Feb. 7, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=gfOmqC at no extra
charge.[CC]
The Plaintiffs are represented by:
Paul Matouka, Esq.
OLIVER LAW GROUP P.C.
50 W. Big Beaver Rd. Ste. 200
Troy, MI 48084
Telephone: (248) 327-6556
E-mail: notifications@oliverlawgroup.com
- and -
Arthur Calderon, Esq.
CALDERON & WILLIAMS
7716 Old Canton Rd., Ste. C
Madison, MS 39110
Telephone: (662) 594-2439
E-mail: arthur@msdeltalaw.com
PLANTRONICS INC: Lead Plaintiff Seeks Class Status
--------------------------------------------------
In the class action lawsuit re Plantronics, Inc. Securities
Litigation, Case No. 4:19-cv-07481-JST (N.D. Cal.), the Lead
Plaintiff asks the Court to enter an order granting motion for
class certification, appointment of class representatives, and
appointment of class counsel and memorandum of points and
authorities in support thereof.
A copy of the Plaintiff's motion dated Feb. 8, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=lnpwun at no extra
charge.[CC]
The Plaintiff is represented by:
Lucas E. Gilmore, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
Berkeley, CA 94710
Telephone: (510) 725-3000
Facsimile: (510) 725-3001
E-mail: reed@hbsslaw.com
lucasg@hbsslaw.com
- and -
Lauren A. Ormsbee, Esq.
BERNSTEIN LITOWITZ BERGER & GROSSMANN LLP
1251 Avenue of the Americas
New York, NY 10020
Telephone: (212) 554-1400
Facsimile: (212) 554-1444
E-mail: lauren@blbglaw.com
PLANTRONICS INC: Plaintiffs Seek to Seal Class Cert. Docs
---------------------------------------------------------
In the class action lawsuit re Plantronics, Inc. Securities
Litigation, Case No. 4:19-cv-07481-JST (N.D. Cal.), Lead Plaintiffs
Ilya Trubnikov and Roofers' Pension Fund request that the Court
consider whether to seal the following documents, where each
document extensively quotes, references and/or relies on internal
company communications, records and deposition testimony that
Defendants have either produced during the course of discovery
and/or have designated "CONFIDENTIAL" pursuant to the protective
order entered in this case.
(1) Lead Plaintiffs' Notice of Motion and Motion for Class
Certification, Appointment of Class Representatives, and
Appointment of Class Counsel and Memorandum of Points and
Authorities in Support Thereof; and
(2) Exhibits G–J to the Joint Declaration of Sean R. Matt and
Lauren A. Ormsbee in Support of Lead Plaintiffs' Motion for
Class Certification.
A copy of the Plaintiffs' motion dated Feb. 8, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=ibfynB at no extra
charge.[CC]
The Plaintiff is represented by:
Steve W. Berman, Esq.
Sean R. Matt, Esq.
Karl P. Barth, Esq.
Joseph M. Kingerski, Esq.
Reed R. Kathrein, Esq.
Lucas E. Gilmore, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
1301 Second Avenue, Suite 2000
Seattle, WA 98101
Telephone: (206) 623-7292
Facsimile: (206) 623-0594
E-mail: steve@hbsslaw.com
sean@hbsslaw.com
karlb@hbsslaw.com
reed@hbsslaw.com
lucasg@hbsslaw.com
- and -
Lauren A. Ormsbee, Esq.
Alexander T. Payne, Esq.
William Freeland, Esq.
Jonathan D. Uslaner, Esq.
BERNSTEIN LITOWITZ BERGER &
GROSSMANN LLP
1251 Avenue of the Americas
New York, NY 10020
Telephone: (212) 554-1400
Facsimile:(212) 554-1444
E-mail: lauren@blbglaw.com
alex.payne@blbglaw.com
billy.freeland@blbglaw.com
jonathanu@blbglaw.com
PLAYTIKA HOLDING: Continues to Defend Bar-Asher Class Suit
----------------------------------------------------------
Playtika Holding Corp. disclosed in its Form 10-K Report for the
fiscal period ending December 31, 2024 filed with the Securities
and Exchange Commission on February 26, 2024, that the Company
continues to defend itself from the Bar-Asher class suit in the
United States District Court for the Eastern District of New York.
On November 23, 2021, the Company, its directors and certain of its
officers were named in a putative class action lawsuit filed in the
United States District Court for the Eastern District of New York
(Bar-Asher v. Playtika Holding Corp. et al.).
The complaint is allegedly brought on behalf of a class of
purchasers of the Company's securities between January 15, 2021 and
November 2, 2021, and alleges violations of federal securities laws
arising out of alleged misstatements or omissions by the defendants
during the alleged class period.
On March 10, 2022, the court appointed LBMotion Ltd as lead
plaintiff, and the plaintiff filed an amended complaint on May 6,
2022.
The amended complaint alleges violations of Section 11 and 15 of
the Securities Act of 1933 and seeks, among other things, damages
and attorneys' fees and costs on behalf of the putative class.
The amended complaint also added the companies that served as
underwriters for the Company's IPO as defendants in the lawsuit.
On September 15, 2022, in accordance with local rules of the Court,
the Company and other defendants in the case filed a letter
notifying the Court of defendants' service upon plaintiffs of,
among other things, a notice of motion to dismiss plaintiffs'
amended complaint and a memorandum of law in support of the
defendants' motion to dismiss plaintiffs' amended complaint.
On November 30, 2022, the Company filed with the Court a motion to
dismiss.
As the case is in preliminary stages, the Company cannot estimate
what impact, if any, the litigation may have on its results of
operations, financial condition or cash flows.
The Company has defended this case vigorously and will continue to
do so.
Playtika Holding Corp. and its subsidiaries, is a developer of
mobile games.
POLARIS INC: Awaits Ruling on Berlanga Class Status Bid
-------------------------------------------------------
Polaris Inc. disclosed in its Form 10-K report for the fiscal year
ended December 31, 2023, filed with the Securities and Exchange
Commission on February 16, 2024, that the district court has not
yet ruled on the plaintiff's motion for class certification or
Polaris's motion to exclude the opinions of plaintiff's expert
witnesses in a case named "Hellman/Berlanga."
This was first reported on June 30, 2021. Plaintiffs' counsel filed
similar putative class actions on behalf of certain plaintiffs
dismissed from the Hellman/Berlanga case in Texas, Nevada and
Oregon. Some had already been dismissed.
In May 2023, the remaining plaintiff in the Berlanga case filed a
motion for class certification. The company filed an opposition to
the plaintiff's motion for class certification and have filed a
motion to exclude the opinions of certain of plaintiff's expert
witnesses. On August 28, 2023, the United States District Court for
the Eastern District of California transferred the Berlanga case to
the Central District of California.
Polaris Inc., formerly known as Polaris Industries Inc., designs,
engineers, manufactures and markets powersports vehicles which
include off-road vehicles, all-terrain vehicles, side-by-side
vehicles, military and commercial off-road vehicles, snowmobiles,
motorcycles, moto-roadsters, quadricicycles and boats.
POLARIS INC: Court Stays Albright Suit Pending Class Status Ruling
------------------------------------------------------------------
Polaris Inc. disclosed in its Form 10-K report for the fiscal year
ended December 31, 2023, filed with the Securities and Exchange
Commission on February 16, 2024, that a plaintiff in "Albright,
Guzman v. Polaris Industries Inc.," whose claims were dismissed
without prejudice refiled a putative class action in California
State Court under the name "Albright." In June 2023, the court
granted the parties' stipulation to stay that case pending a
decision on class certification in the Guzman case.
On September 27, 2023, the district court in Guzman entered an
order granting in part and denying in part plaintiff's motion for
class certification. The district court certified a California
class for plaintiff's claim seeking money damages under the
California Consumers Legal Remedies Act but denied class
certification on plaintiff’s claim seeking injunctive relief
under Fed. R. Civ. P. 23(b)(2).
On October 11, 2023, Polaris filed a petition to appeal the portion
of the district court's order granting class certification. On
December 14, 2023, the Ninth Circuit denied Polaris's petition. On
December 20, 2023, the court in Albright entered an order setting a
hearing for June 27, 2024 to review the stay of proceedings in that
case. On January 30, 2024, the Guzman court entered an amended
scheduling order in that case setting dates for further expert
discovery, the filing of dispositive motions and other pre-trial
motions, and a trial date of December 3, 2024.
Polaris Inc., formerly known as Polaris Industries Inc., designs,
engineers, manufactures and markets powersports vehicles which
include off-road vehicles, all-terrain vehicles, side-by-side
vehicles, military and commercial off-road vehicles, snowmobiles,
motorcycles, moto-roadsters, quadricicycles and boats.
PREMIUM MERCHANT: Filing for Class Cert Bid in Jewett Due July 2
----------------------------------------------------------------
In the class action lawsuit captioned as Joshua Jewett v. PREMIUM
MERCHANT FUNDING ONE, LLC, Case No. 1:23-cv-09681-DEH (S.D.N.Y.),
the Hon. Judge Dale E. Ho entered a civil case management plan and
scheduling order as follows:
-- All fact discovery shall be completed June 28, 2024
no later than:
-- Initial requests for production of March 14, 2024
documents pursuant to Rule 34 shall
be served no later than:
-- Interrogatories pursuant to Rule 33 March 14, 2024
shall be served no later than:
-- The Court will conduct a case management Sept. 10, 2024
Conference following the close of
discovery on:
-- The Plaintiff to file a Motion for July 2, 2024
Class Certification by:
-- Defendant to file a Response to Motion July 23, 2024
for Class Certification by:
-- The Plaintiff to file a Reply in Aug. 6, 2024
support of Motion for Class
Certification by:
Premium Merchant provides a broad array of services and solutions
for small businesses.
A copy of the Court's order dated Feb. 7, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=ZNBD73 at no extra
charge.[CC]
QUANTUM RESIDENTIAL: Dunne Seeks Initial OK of Class Settlement
---------------------------------------------------------------
In the class action lawsuit captioned as TIMOTHY DUNNE,
Individually and for Others Similarly Situated, v. QUANTUM
RESIDENTIAL, INC., a Washington for-profit corporation, Case No.
3:23-cv-05535-DGE (W.D. Wash.), the Plaintiff requests the Court to
grant his unopposed motion for preliminary approval of Settlement
and Motion for Certification of the Class and enter the
contemporaneously submitted Proposed Order.
The Parties have reached a settlement of this lawsuit.
The Plaintiffs allege the Defendant failed to pay the Class Members
and the Optin Plaintiffs for performing work during meal breaks and
overtime for hours worked in excess of 40 hours in a workweek, in
violation of the Fair Labor Standards Act (FLSA), and as to the
Washington Class Members, also the Washington Minimum Wage Act
(WMWA).
The Plaintiff Dunne commenced the litigation on June 14, 2023. On
July 21, 2023, the Defendant filed its Answer to Plaintiff's
Complaint.
The Parties ask the Court to certify a Rule 23 class of:
"All hourly, non-exempt Quantum maintenance workers who worked
in
Washington at any time between June 14, 2020 and June 14, 2023."
The Parties likewise ask the Court to certify an FLSA collective
of:
"All hourly, non-exempt Quantum maintenance workers who worked
for
Quantum at any time between June 14, 2020 and June 14, 2023."
The Settlement Amount in the common Settlement Fund is $150,000.00,
from which the following payments shall be made:
(i) Settlement Payments to the Settlement Class Members,
(ii) Attorneys' Fees and Litigation Expenses of no more than
$60,000.00 (representing 40% of the common Settlement
Fund),
(iii) Named Plaintiff' Service Awards, in the amounts of Five
Thousand Dollars ($5,000.00) to Dunne, and
(iv) Settlement Administration Costs not to exceed $10,000, and
(v) any taxes associated with the aforementioned payments
except
the employer's share of applicable state and federal
payroll
taxes associated with the Settlement Payments made to the
Settlement Class Members.
Quantum is a third party property management firm that specializes
in large multifamily properties.
A copy of the Plaintiff's motion dated Feb. 8, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=P31jlK at no extra
charge.[CC]
The Plaintiff is represented by:
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
Carl A. Fitz, Esq.
JOSEPHSON DUNLAP LLP
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Telephone: (713) 352-1100
E-mail: mjosephson@mybackwages.com
adunlap@mybackwages.com
cfitz@mybackwages.com
- and -
Michael C. Subit, Esq.
FRANK FREED SUBIT & THOMAS, LLP
705 Second Ave., Suite 1200
Seattle, WA 98104
Telephone: (206) 624-6711
E-mail: msubit@frankfreed.com
- and -
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH PLLC
11 Greenway Plaza, Suite 3025
Houston, TX 77046
Telephone: (713) 877-8788
E-mail: rburch@brucknerburch.com
RANGE RESOURCES: Seeks Leave to File Class Cert Response Under Seal
-------------------------------------------------------------------
In the class action lawsuit captioned as JAMES A. RUPERT, WILLIAM
E. AND KAREN A. TRAVIS, AND BRYAN MARTIN, individually and on
behalf of all others similarly situated, v. RANGE
RESOURCES-APPALACHIA, LLC, Case No. 2:21-cv-01281-PLD (W.D. Pa.),
the Defendant asks the Court to enter an order permitting them to
file its response to the Plaintiffs Motion for Class Certification
under seal.
Range Resources is a natural gas exploration and production
company.
A copy of the Defendant's motion dated Feb. 8, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=JaRZXS at no extra
charge.[CC]
REDFIN CORP: Freedlund Sues Over Broker Commission Scheme
---------------------------------------------------------
ANDREA FREEDLUND, individually and on behalf of all others
similarly situated, Plaintiff v. REDFIN CORPORATION; THE NATIONAL
ASSOCIATION OF REALTORS; THE CALIFORNIA ASSOCIATION OF REALTORS,
Defendants, Case No. 2:24-cv-01561 (C.D. Cal., Feb. 26, 2024)
alleges violation of the Sherman Act.
The Plaintiff alleges in the complaint that the Defendants are
engaged in anticompetitive conduct and scheme of conspiring to fix
and inflate the price of buyer-side real estate agent commissions
to supracompetitive levels.
The Defendants unlawfully agree and conspire to enact and enforce
anticompetitive restrictions on realtor contracting behavior,
causing sellers to pay inflated buyers' agent commissions on the
sale of their homes, in violation of federal antitrust laws. The
Defendant's illegal collusion has the inevitable effect of forcing
home sellers like Plaintiff to bear a cost -- buyer's side
commissions -- that in a competitive marketplace lacking
Defendants' collusion would be borne by the buyer, if at all, says
the suit.
REDFIN CORPORATION offers real estate services. The Company
provides web based real estate database and brokerage services for
residential buildings. [BN]
The Plaintiff is represented by:
Caleb Marker, Esq.
Flinn T. Milligan, Esq.
ZIMMERMAN REED LLP
6420 Wilshire Blvd, Suite 1080
Los Angeles, CA 90048
Telephone: (877) 500-8780
Facsimile: (877) 500-8781
Email: caleb.marker@zimmreed.com
Email: flinn.milligan@zimmreed.com
ROBINHOOD FINANCIAL: Conditional Status of Settlement Class Sought
------------------------------------------------------------------
In the class action lawsuit captioned as COOPER MOORE and ANDREW
GILLETTE, on their own behalf and on behalf of all others similarly
situated, v. ROBINHOOD FINANCIAL LLC, a Delaware limited liability
company, Case No. 2:21-cv-01571-BJR (W.D. Wash.), the Plaintiffs
ask the Court to enter an order:
-- Conditionally certifying the Settlement Class, appointing
Plaintiffs as Class Representatives, and Plaintiffs' Counsel
as
Class Counsel;
-- Preliminarily approving the proposed settlement as fair,
reasonable, and adequate;
-- Approving the form and manner of notice and directing that
notice
of the proposed settlement be given to members of the
Settlement
Class; and
-- Scheduling a hearing before the Court to determine whether the
settlement should be finally approved.
The Plaintiffs have reached a class action settlement to resolve
all claims in this class action lawsuit. The proposed settlement
provides a $9,000,000 Settlement Fund for the Settlement Class in
exchange for Settlement Class Members' release of claims related to
text messages regarding the Robinhood referral program that were or
could have been brought in this action.
The Settlement Class is defined as:
"All persons or entities who received a Robinhood referral
program
text message, and who were Washington residents at the time of
the
receipt of such text message, between and including August 9,
2017
and the date of Preliminary Approval."
Robinhood provides brokerage clearing services.
A copy of the Plaintiffs' motion dated Feb. 8, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=RtpZZg at no extra
charge.[CC]
The Plaintiffs are represented by:
Beth E. Terrell, Esq.
Jennifer Rust Murray, Esq.
TERRELL MARSHALL LAW GROUP
936 North 34th Street, Suite 300
Seattle, WA 98103
Telephone: (206) 816-6603
E-mail: bterrell@terrellmarshall.com
jmurray@terrellmarshall.com
- and -
Sophia M. Rios, Esq.
E. Michelle Drake, Esq.
Mark Desanto, Esq.
Zachary M. Vaughan, Esq.
BERGER MONTAGUE PC
401 B Street, Suite 2000
San Diego, CA 92101
Telephone: (619) 489-0300
E-mail: srios@bm.net
emdrake@bm.net
mdesanto@bm.net
zvaughan@bm.net
SAM'S WEST: Sanchez Seeks More Time to File Class Cert Reply
------------------------------------------------------------
In the class action lawsuit captioned as CARLOS SANCHEZ,
individually and on behalf of other individuals similarly situated,
v. SAM'S WEST, INC. dba SAM'S CLUB, an Arkansas corporation, Case
No. 2:21-cv-05122-SVW-JC (C.D. Cal.), the Plaintiff asks the Court
to enter an order granting his application to continue the deadline
to file his reply to Defendant's opposition to Plaintiff's renewed
motion for class certification.
The Plaintiff seeks ex parte relief because the current briefing
schedule provides Plaintiff only ten days to investigate and
respond to the evidence(much of it new to Plaintiff)presented in
the Defendant's Opposition to Plaintiff's Renewed Motion for Class
Certification.
Ex parte relief is also necessary because the Court previously
denied the Parties joint stipulation to set an alternative briefing
schedule.
The Court previously granted Defendant a continuance of four weeks-
giving Defendant five weeks -- to file its Opposition.
This continuance afforded the Defendant adequate time to depose 29
survey respondents and Plaintiff's expert.
Additionally, through discovery and the Rule 7-3 meet and confer
process, Defendant benefited from having advanced notice of the
evidence that Plaintiff would rely upon in support of his Renewed
Motion for Class Certification before Plaintiff filed his Renewed
Motion with the Court on January 3, 2024.
In stark contrast, the Plaintiff was unaware of the precise nature
and extent of evidence that Defendant would use in its Opposition
until Feb. 7, 2024.
Considering the scope of the evidence submitted with the
Defendant's Opposition, the Plaintiff and the putative class will
suffer irreparable harm if Plaintiff must file his Reply in nine
days (if filed on Saturday February 17, 2024).
The Plaintiff Carlos Sanchez applies ex parte for a brief
three-week continuance of the Reply filing deadline from Feb. 17,
2024 to March 9, 2024.
Sam's West is an American chain of membership-only warehouse club
retail stores.
A copy of the Plaintiff's motion dated Feb. 8, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=HvkVKY at no extra
charge.[CC]
The Plaintiff is represented by:
Marcus J. Bradley, Esq.
Kiley L. Grombacher, Esq.
Lirit A. 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
- and -
Sahag Majarian, II, Esq.
MAJARIAN LAW GROUP APC
18250 Ventura Boulevard
Tarzana, CA 91356
Telephone: (818) 609-0807
Facsimile: (818) 609-0892
E-mail: sahagii@aol.com
SOLAREDGE TECHNOLOGIES: Continues to Defend Shen Class Suit
-----------------------------------------------------------
Solaredge Technologies Inc. disclosed in its Form 10-K Report for
the fiscal period ending December 31, 2024 filed with the
Securities and Exchange Commission on February 26, 2024, that the
Company continues to defend itself from the Shen class suit in the
U.S. District Court of the Southern District of New York.
On November 3, 2023, Daphne Shen, a purported stockholder of the
Company, filed a proposed class action complaint for violation of
federal securities laws, individually and putatively on behalf of
all others similarly situated, in the U.S District Court of the
Southern District of New York against the Company, the Company's
CEO and the Company's CFO.
The complaint alleges violations of Section 10(b) and Rule 10b-5 of
the Exchange Act, as well as violations of Section 20(a) of the
Exchange Act against the individual defendants.
The complaint seeks class certification, damages, interest,
attorneys' fees, and other relief.
On December 13, 2023, Javier Cascallar filed a similar proposed
class action.
On February 7, 2024, the Court consolidated the two actions, and
appointed co-lead plaintiffs and lead counsel.
Due to the early stage of this proceeding, the Company cannot
reasonably estimate the potential range of loss, if any, or the
likelihood of a potential adverse outcome.
The Company disputes the allegations of wrongdoing and intends to
vigorously defend against them.
SOLAREDGE TECHNOLOGIES, INC. provides solar power optimization and
photovoltaic monitoring solutions. The Company offers optimizers,
inverters, monitoring equipment, tools, and accessories for power
harvesting, conversion, and efficiency. [BN]
UDEMY INC: Continues to Defend VPPA Class Suit
----------------------------------------------
Udemy Inc. disclosed in its Form 10-K Report for the fiscal period
ending December 31, 2024 filed with the Securities and Exchange
Commission on February 26, 2024, that the Company continues to
defend itself from the Video Privacy Protection Act class action in
the United States District Court for the District of New Jersey.
On December 12, 2022, a putative class action complaint captioned
Mohamed Saleh v. Udemy, Inc., was filed against the Company,
alleging violations of the Video Privacy Protection Act (the
"VPPA") and claiming that Udemy violated the VPPA by knowingly
sharing personally identifiable information about the viewing
history of Udemy courses with an advertiser.
The complaint is currently pending in the United States District
Court for the District of New Jersey, Case No. 2:23-cv-02207.
The complaint seeks declaratory relief, injunctive relief,
statutory, liquidated, and punitive damages, as well as reasonable
attorney fees and costs.
On August 30, 2023, it filed a motion to compel arbitration.
The Company intends to vigorously defend ourselves in this matter.
Udemy, Inc. is a global learning company headquartered in San
Francisco, California whose online platform empowers organizations
and individuals with flexible and effective skill acquisition and
development.
UNITED STATES: Andres Seeks Just Compensation to Real Property
--------------------------------------------------------------
GREG ANDRES; and PAULA ANDRES, individually and on behalf of all
other similarly situated, Plaintiffs v. THE UNITED STATES OF
AMERICA, Defendant, Case No. 4:24-cv-00038-SEB-KMB (S.D. Ind., Feb.
23, 2024) seeks to recover just compensation to real property under
the National Trail Systems Act Amendments of 1983 (the "Trails
Act").
According to the complaint, the federal government took the
Plaintiffs' land for a public recreational trail and railbanking by
an order of the federal Surface Transportation Board invoking
section 8(d) of the federal Trails Act.
The U.S. is a country of 50 states covering a vast swath of North
America, with Alaska in the northwest and Hawaii extending the
nation’s presence into the Pacific Ocean. [BN]
The Plaintiffs represented by:
Thomas P. Berra, Jr., Esq.
Lindsay S.C. Brinton, Esq.
Meghan S. Largent, Esq.
Michael Armstrong, Esq.
T. Hunter Brown, Esq.
LEWIS RICE, LLC
600 Washington Avenue, Suite 2500
St. Louis, MO 63101
Tel: (314) 444-7723
Fax: (314) 612-7723
Email: lbrinton@lewisrice.com
UPSTART HOLDINGS: Must Oppose Class Cert Bid by May 24
------------------------------------------------------
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 Hon. Judge Elizabeth A.
Preston Deavers entered an order amending the class certification
briefing schedule as follows:
-- Deadline for Lead Plaintiff and proposed Feb. 26, 2024
additional class representatives:
-- Brooks & Crain to serve responses and Feb. 5, 2024
objections to Defendants' requests for
production of documents.
-- Deadline for Lead Plaintiff and proposed March 8, 2024
additional class representatives
Brooks & Crain to serve privilege logs,
if any, and substantially complete their
document productions responsive to
Defendants' Feb. 5, 2024 discovery
requests:
-- Deadline for Defendants to depose April 26, 2024
proposed class representative(s),
Lead Plaintiffs' class certification
expert(s), and/or other witnesses in
connection with the motion for class
certification:
-- Deadline for Defendants to file May 24, 2024
opposition to class certification,
including expert report(s), if any:
-- Deadline for Lead Plaintiff to depose June 18, 2024
the Defendants' class certification
expert(s), and/or other witnesses in
connection with the motion for class
certification.
-- Deadline for Lead Plaintiff to file June 28, 2024
reply in support of class certification,
including expert rebuttal report(s),
if any:
Upstart is an AI lending platform that partners with banks and
credit unions to provide consumer loans using non-traditional
variables, such as education and employment, to predict
creditworthiness.
A copy of the Court's order dated Feb. 7, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=G8cPfj at no extra
charge.[CC]
WELCH FOODS: Seeks to File Class Cert Opposition Docs Under Seal
-----------------------------------------------------------------
In the class action lawsuit captioned as MATTHEW SINATRO and SHANE
WINKELBAUER, individually and on behalf of all others similarly
situated, v. WELCH FOODS, INC., A COOPERATIVE and PROMOTION IN
MOTION, INC., Case No. 3:22-cv-07028-JD (N.D. Cal.), the Defendants
ask the Court to enter an order permitting them to file under seal
a narrow portion of their Opposition to Plaintiff's Motion for
Class Certification and certain exhibits to the Declaration of
Daniel S. Silverman filed in support of the Opposition.
The Defendants request that Silverman Exhibits 14-15 and 17-20
remain sealed because these documents contain confidential,
nonpublic information concerning PIM's market research, marketing
strategy and development, competitive analysis, advertising
specifications and development. Further, Silverman Exhibits 17 and
18 also contain PIM’s confidential financial information.
The Defendants also request that the redacted portions of the
Opposition at pages 8:19-9:16; the redacted portions of Silverman
Exhibit 12 at pages 40:21-41:4, 41:23-25, 43:3-16, 44:2-15,
86:9-11, and 106:8-12; and the redacted portions of Silverman
Exhibit 13 at pages 186:1-3, 186:14-23, and 187:19-21 remain under
seal, because these portions of the Opposition and deposition
testimony substantively discuss PIM’s competitively sensitive
marketing strategy, marketing campaigns and market research,
including detailed references to internal, nonpublic confidential
discussions between PIM employees regarding WFS’ advertising
development which, if revealed, could result in competitive harm to
PIM.
Specifically, th Defendants request that the redacted portions of
the Opposition at pages 6:7-11, 6:15-24, and 6:26-7:1; the redacted
portions of Silverman Exhibit 3 at pages 78:23-79:13, 94:3-96:14,
131:22-133:21, and 176:4-20; the redacted portions of Silverman
Exhibit 4 at pages 79:6-14, 80:11-81:25, 152:1-10, and
159:8-161:20; and the redacted portions of Silverman Exhibit 5 at
pages 2:13-15, 14 n.6, and paragraphs 15-18 and 36-70 remain under
seal because these portions of the Opposition, deposition
testimony, and an expert report contain trade secret information
regarding the unique characteristics of WFS, as well as its
proprietary formulation and manufacturing process, and confidential
testing of WFS. Specifically, the redacted portions of these
documents discuss in detail the specific unique characteristics of
WFS and the proprietaryformulation and manufacturing process, all
of which renders WFS shelf stable without the need for added
preservatives.
Welch Foods offers refrigerated juices, juice cocktails, jams and
jellies, and snacks.
A copy of the Defendants' motion dated Feb. 8, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=R4AX4U at no extra
charge.[CC]
The Defendants are represented by:
Daniel S. Silverman, Esq.
Bryan J. Weintrop, Esq.
Amit Rana, Esq.
Jonathan A. Mireles, Esq.
VENABLE LLP
2049 Century Park East, Suite 2300
Los Angeles, CA 90067
Telephone: (310) 229-9900
Facsimile: (310) 229-9901
E-mail: dssilverman@venable.com
bjweintrop@venable.com
arana@venable.com
jamireles@venable.com
YELP INC: Final Hearing on CIPA Settlement Set for April 10
-----------------------------------------------------------
YELP Inc. disclosed in its Form 10-K Report for the fiscal period
ending December 31, 2024 filed with the Securities and Exchange
Commission on February 27, 2024, that the Superior Court of
California for the County of San Francisco has scheduled the CIPA
class suit settlement final approval hearing on April 10, 2024.
On October 12, 2016, a putative class action lawsuit asserting
claims under the California Invasion of Privacy Act was filed
against the Company (the "CIPA Action") in the Superior Court of
California for the County of San Francisco (the "Superior Court"),
in which the plaintiff sought statutory damages and other relief
based on alleged unlawful call recording. The Company filed a
motion for summary judgment on the basis that it had never recorded
the plaintiff, which the Superior Court granted.
The plaintiff appealed and, in October 2020, the California Court
of Appeal for the First District (the "Court of Appeal") reversed
the decision of the Superior Court, holding that the recording of
only the Company's consenting sales representatives could violate
CIPA, even if the plaintiff was not recorded.
The California Supreme Court subsequently denied review of the
Court of Appeal's decision and the case was remanded to the
Superior Court.
On January 18, 2023, the Superior Court granted the plaintiffs'
motion for class certification.
In February 2023, the Company filed a petition for a writ with the
Court of Appeal seeking reversal of the Superior Court's class
certification decision.
The Court of Appeal summarily denied the writ petition on May 25,
2023, following which the Company filed a petition with the
California Supreme Court on June 2, 2023 seeking an order directing
the Court of Appeal to review the merits of the Company's writ
petition.
On July 17, 2023, the Company reached a preliminary agreement with
the plaintiffs to settle the CIPA Action for $15.0 million, which
payment the Company expects to be partially funded by insurance
proceeds.
The settlement would resolve all claims asserted against the
Company in the CIPA Action without any liability or wrongdoing
attributed to it.
The parties have executed a settlement agreement, which the
plaintiff presented to the Superior Court for approval.
The Superior Court preliminarily approved the settlement on
December 21, 2023 and a hearing regarding the final approval of the
settlement is scheduled for April 10, 2024.
Yelp is a local resource of consumers for its ratings and reviews
of businesses across a broad range of categories, while businesses
advertise on Yelp to reach its large audience of purchase-oriented
and generally affluent consumers. Yelp has operations in the
United
States, United Kingdom, Canada, Ireland and Germany.
ZIFF DAVIS: Dismissal of Garcia Suit Under Appeal
-------------------------------------------------
Ziff Davis Inc. disclosed in its Form 10-K Report for the fiscal
period ending December 31, 2024 filed with the Securities and
Exchange Commission on February 26, 2024, that the lead plaintiff's
file a notice of appeal on the dismissal of the case.
On July 8, 2020, Jeffrey Garcia filed a putative class action
lawsuit against the Company in the Central District of California
(20-cv-06096), alleging violations of federal securities laws.
The court appointed a lead plaintiff.
The Company moved to dismiss the consolidated class action
complaint.
The court granted the motion to dismiss and the plaintiff filed an
amended complaint.
The Company moved to dismiss the amended complaint.
On August 8, 2022, the court granted the Company's motion to
dismiss the amended complaint without leave to amend.
The lead plaintiff has filed a notice of appeal and the matter is
pending on appeal.
Ziff Davis, Inc. is a digital media and internet company based in
New York.
*********
S U B S C R I P T I O N I N F O R M A T I O N
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Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors.
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