/raid1/www/Hosts/bankrupt/CAR_Public/240314.mbx
C L A S S A C T I O N R E P O R T E R
Thursday, March 14, 2024, Vol. 26, No. 54
Headlines
AARON ELECTRIC: Guevara Suit Removed to D. Maryland
ABITINO ROCK CENTER: Hernandez Sues Over Unpaid Overtime Wage
AMAZON WEB SERVICES: Status Report Filing Extended to April 23
AMAZON WEB: Bid to Dismiss Mayhall Amended Complaint Due March 15
BECTON DICKINSON: $85MM Class Settlement to be Heard on April 22
CARBONITE INC: $27.5MM Class Settlement to be Heard on May 15
JAMES RIVER: $30MM Class Action Settlement to be Heard on May 24
PELOTON INTERACTIVE: $13.95MM Settlement to be Heard on June 20
PERRY JOHNSON & ASSOCIATES: Brown Files Suit in E.D. New York
PERRY JOHNSON: Brown Suit Transferred to E.D. New York
PET GOODS INC: Beauchamp Files ADA Suit in S.D. New York
PHILIP MORRIS: Consolidated Securities Suit Ongoing in NY Court
PINNACLE GROUP: Court Holds Fernandez Class Cert Bids in Abeyance
PINNACLE TOO: Charles Seeks More Time to File Class Cert Reply
POISONED PEN: Beauchamp Files ADA Suit in S.D. New York
PRUDENTIAL FINANCIAL: Moreland Insurance Suit Dismissed
QUANTUMSCAPE CORP: Continues to Defend Securities Class Suit
QUOTELAB LLC: Class Certification Discovery in Weingard Deferred
R & A CYCLES INC: Colak Files ADA Suit in E.D. New York
RENTGROW INC: Seeks Leave to File Confidential Docs in Szewczyk
RENTGROW INC: Seeks to Strike Szewczyk Bid to Certify Class
ROADRUNNER TRANS: Class Cert Filing in Jauregui Due July 3
WAG HOTELS INC: Wisdom Suit Removed to N.D. California
WALMART INC: Class Cert Bid Filing Extended to May 13
WALT DISNEY: Court Denies Bid to File Exhibits Under Seal
WALT DISNEY: Kelly Seeks to Certify Class
WARRANTECH CONSUMER: Court Tosses Elliott Class Certification Bid
WASHINGTON NEWSPAPER: Pileggi Appeals Ruling in Privacy Suit
WESTERN UNION COMPANY: Subkoff Files Suit in D. Colorado
WEXFORD HEALTH: Surles Wins Class Status Bid
WHITNEY CONNECTION: Toro Files ADA Suit in S.D. New York
WINCO HOLDINGS: Garcia Suit Removed to E.D. California
XL FLEET: $19.MM Class Settlement to be Heard on April 30
ZUFFA LLC: Plaintiffs in Le Suit Seek to Preclude Evidence
*********
AARON ELECTRIC: Guevara Suit Removed to D. Maryland
---------------------------------------------------
The case captioned as Maria N. Roque Guevara, et al., and others
similarly situated v. AARON ELECTRIC INC., et al., Case No.
C-16-CV-23-003905 was removed from the Circuit Court for Prince
George's County, Maryland, to the U.S. District Court for the
District of Maryland on Feb. 28, 2024, and assigned Case No.
8:24-cv-00616-LKG.
The Plaintiff's Amended Complaint raised, for the first time, a
claim under the Fair Labor Standards Act of 1938 ("FLSA").[BN]
The Defendants are represented by:
Stephen M. Seeger (Bar No. 8986)
Jesse S. Keene (Bar No. 17821)
COZEN O'CONNOR
1200 19th Street NW
Washington, DC 20036
Phone: (202) 747-0793
Phone: (202) 747-0795
Facsimile: (202) 540-9724
Email: sseeger@cozen.com
jkeene@cozen.com
ABITINO ROCK CENTER: Hernandez Sues Over Unpaid Overtime Wage
-------------------------------------------------------------
Rafael Hernandez, on behalf of himself and other similarly situated
v. ABITINO ROCK CENTER LLC (DBA ABITINO’S PIZZERIA ROCK CENTER),
MARIO ABITINO and DOMENICO ABITINO, individually, Case No.
1:24-cv-01489 (S.D.N.Y., Feb. 27, 2024), is brought pursuant to the
Fair Labor Standards Act (“FLSA”), the New York Labor Law
(“NYLL”) as recently amended by the Wage Theft Prevention Act
(“WTPA”) to recover, inter alia, unpaid overtime wage
compensation for Plaintiff.
The Defendants were required, under relevant New York State law, to
compensate Plaintiff with overtime pay at one and one-half the
regular rate for work in excess of 40 hours per work week. However,
despite such mandatory pay obligations, Defendants only compensated
Plaintiff at a rate of $20 per hour and failed to pay Plaintiff his
lawful overtime pay for that period from May 2023 until January
2024, where he worked well in excess of 40 hours per workweek, says
the complaint.
The Plaintiff was employed by the Defendants and his primary work
duty was as a cook.
The Defendant owned and operated ABITINO ROCK CENTER LLC (DBA
ABITINO’S PIZZERIA ROCK CENTER), a corporate entity principally
engaged in New York.[BN]
The Plaintiff is represented by:
Lina Stillman, Esq.
STILLMAN LEGAL, P.C.
42 Broadway, 12t Floor
New York, NY 10004
Phone: (212) 203-2417
Web: www.StillmanLegalPC.com
AMAZON WEB SERVICES: Status Report Filing Extended to April 23
--------------------------------------------------------------
In the class action lawsuit captioned as AVELARDO RIVERA and
YASMINE ROMERO, individually, and on behalf of all others similarly
situated, v. AMAZON WEB SERVICES, INC. (AWS), Case No.
2:22-cv-00269-JHC (W.D. Wash.), the Hon. Judge John H. Chun entered
an order extending the Parties' deadline to submit a joint status
report and proposed deadlines through class certification from
March 1, 2024, to April 23, 2024.
On Dec. 19, 2023, the Court granted the Parties' stipulated motion
to extend certain deadlines and ordered the Parties to submit a
"joint status report and proposed deadlines through class
certification' within 30 days after the Court's ruling on AWS's
then-pending Motion for Clarification.
The Court granted AWS's Motion for Clarification on Jan. 31, 2024.
In its order granting AWS's Motion for Clarification, the Court
extended the fact discovery period by an additional 90 days, or
until April 30, 2024.
The Parties agree that discovery conducted between now and the
April 30, 2024, extended fact discovery deadline may significantly
impact the case schedule. As a result, if the Parties propose a
case schedule now, then it is very likely that one or both Parties
would later
seek to revise the case schedule.
Amazon provides on-demand cloud computing platforms and APIs to
individuals, companies, and governments, on a metered,
pay-as-you-go basis.
A copy of the Court's order dated March 1, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=mEFVjJ at no extra
charge.[CC]
The Plaintiffs are represented by:
J. Eli Wade-Scott, Esq.
Schuyler Ufkes, Esq.
EDELSON PC
350 North LaSalle Street, 14th Floor
Chicago, IL 60654
Telephone: (312) 589-6370
Facsimile: (312) 589-6378
E-mail: ewadescott@edelson.com
sufkes@edelson.com
The Defendant is represented by:
Ryan Spear, Esq.
Nicola Menaldo, Esq.
PERKINS COIE LLP
1201 Third Avenue, Suite 4900
Seattle, WA 98101-3099
Telephone: (206) 359-8000
Facsimile: (206) 359-9000
E-mail: RSpear@perkinscoie.com
NMenaldo@perkinscoie.com
AMAZON WEB: Bid to Dismiss Mayhall Amended Complaint Due March 15
-----------------------------------------------------------------
In the class action lawsuit captioned as DOMINIC MAYHALL,
individually and on behalf of all others similarly situated, v.
AMAZON WEB SERVICES, INC. and AMAZON.COM, INC., Case No.
2:21-cv-01473-TL-MLP (W.D. Wash.), the Hon. Judge Michelle Peterson
entered an order granting stipulated briefing schedule as follows:
Event Proposed Date
Defendants' Motion to Dismiss the Mar. 15, 2024
Amended Complaint:
Plaintiff's Response to Defendants' Apr. 19, 2024
Motion to Dismiss:
Defendants' Reply in Support of Motion May 6, 2024
to Dismiss:
On Jan. 25, 2024, the Plaintiff filed a Motion for Leave to File
First Amended Complaint.
On Feb. 5, 2024, the Court entered a Joint Stipulated Motion, in
which the Defendants agreed not to oppose Plaintiff's Motion for
Leave, and the Parties agreed to extend the deadline for
Plaintiff's expected Motion for Class Certification until 75 days
after resolution of the Defendants' anticipated Motion to Dismiss.
The Plaintiff's Amended Complaint was filed on Feb. 16, 2024. The
Defendants intend to move to dismiss Plaintiff’s Amended
Complaint. Pursuant to Local Civil Rule 12(a), the Defendants'
deadline to serve a responsive pleading is March 1, 2024.
The Parties have met and conferred regarding a briefing schedule to
accommodate competing deadlines and anticipated travel.
Amazon Web is a subsidiary of Amazon that provides on-demand cloud
computing platforms and APIs to individuals, companies, and
governments, on a metered, pay-as-you-go basis.
A copy of the Court's order dated March 1, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=gxNl5b at no extra
charge.[CC]
The Plaintiff is represented by:
Jason T. Dennett, Esq.
Cecily C. Jordan, Esq.
TOUSLEY BRIAN STEPHENS PLLC
1200 Fifth Avenue, Suite 1700
Seattle, WA, 98101
Telephone: (206) 682-5600
E-mail: jdennett@tousley.com
cjordan@tousley.com
- and -
Kevin P. Green, Esq.
GOLDENBERG HELLER &
ANTOGNOLI, P.C.
2227 South State Route 157
Edwardsville, IL 62025
Telephone: (618) 656-5150
E-mail: kevin@ghalaw.com
- and -
Christian G. Montroy, Esq.
MONTROY LAW OFFICES LLC
2416 North Center
Maryville, IL 62062
Telephone: (618) 223-8200
E-mail: cmontroy@montroylaw.com
The Defendant is represented by:
Brian D. Buckley, Esq.
FENWICK & WEST LLP
401 Union Street, 5th Floor
Seattle, WA 98101
Telephone: (206) 389-4510
Facsimile: (206) 389-4511
E-mail: bbuckley@fenwick.com
- and -
Elizabeth B. Herrington, Esq.
MORGAN, LEWIS & BOCKIUS LLP
110 North Wacker Drive
Chicago, IL 60601-5094
Telephone: (312) 324-1000
E-mail: beth.herrington@morganlewis.com
BECTON DICKINSON: $85MM Class Settlement to be Heard on April 22
----------------------------------------------------------------
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
INDUSTRIENS PENSIONSFORSIKRING
A/S, Individually and On Behalf of All Others
Similarly Situated,
Plaintiff,
v.
BECTON, DICKINSON AND COMPANY
and THOMAS E. POLEN,
Defendants.
Case No. 2:20-cv-02155-SRC-CLW
Hon. Stanley R. Chesler
District Court Judge
Hon. Cathy L. Waldor
Magistrate Judge
SUMMARY NOTICE OF (I) PENDENCY OF CLASS ACTION AND PROPOSED
SETTLEMENT; (II) SETTLEMENT HEARING; AND
(III) MOTION FOR ATTORNEYS' FEES AND LITIGATION EXPENSES
TO: All persons and entities who, from November 5, 2019 to
February 5, 2020, inclusive, purchased or otherwise acquired
Becton, Dickinson and Company ("BD") common stock or call options,
or sold BD put options, and were damaged thereby:
PLEASE READ THIS NOTICE CAREFULLY;
YOUR RIGHTS WILL BE AFFECTED BY A
CLASS ACTION LAWSUIT PENDING IN THIS COURT.
YOU ARE HEREBY NOTIFIED, pursuant to Rule 23 of the Federal Rules
of Civil Procedure and an Order of the United States District Court
for the District of New Jersey ("Court"), that the above-captioned
action ("Action") has been certified as a class action on behalf of
the following class: all persons and entities who, from November 5,
2019 to February 5, 2020, inclusive ("Class Period"), purchased or
otherwise acquired BD common stock or call options, or sold BD put
options, and were damaged thereby ("Class"). Certain persons and
entities are excluded from the Class by definition as set forth in
the Stipulation and Agreement of Settlement dated December 19, 2023
("Stipulation") and the detailed Notice of (I) Pendency of Class
Action and Proposed Settlement; (II) Settlement Hearing; and (III)
Motion for Attorneys' Fees and Litigation Expenses ("Notice"). The
Stipulation and Notice can be viewed at
www.BectonSecuritiesSettlement.com.
YOU ARE ALSO HEREBY NOTIFIED that Court-appointed Lead Plaintiff
and Class Representative Industriens Pensionsforsikring A/S ("Class
Representative"), on behalf of itself and the Court-certified
Class, has reached a proposed settlement of the Action with
defendants BD and Thomas E. Polen (together, "Defendants") for
$85,000,000 in cash ("Settlement"). If approved by the Court, the
Settlement will resolve all claims in the Action.
A hearing ("Settlement Hearing") will be held on April 22, 2024 at
11:30 a.m., before the Honorable Cathy L. Waldor, United States
Magistrate Judge for the District of New Jersey, either in person
at the Martin Luther King Building & U.S. Courthouse, 50 Walnut
Street, Newark, NJ 07101, Courtroom 4D, or by telephone or
videoconference (in the discretion of the Court), to determine,
among other things: (i) whether the Settlement on the terms and
conditions provided for in the Stipulation is fair, reasonable, and
adequate to the Class, and should be finally approved by the Court;
(ii) whether the Action should be dismissed with prejudice against
Defendants and the releases specified and described in the
Stipulation (and in the Notice) should be granted; and (iii)
whether Class Counsel's motion for attorneys' fees in an amount not
to exceed 25% of the Settlement Fund and payment of expenses in an
amount not to exceed $1,000,000 (which amount may include a request
for reimbursement of the reasonable costs and expenses incurred by
Class Representative directly related to its representation of the
Class) should be approved. Any updates regarding the Settlement
Hearing, including any changes to the date or time of the hearing
or updates regarding in-person or remote appearances at the
hearing, will be posted to the website
www.BectonSecuritiesSettlement.com.
If you are a member of the Class, your rights will be affected by
the pending Action and the Settlement, and you may be entitled to
share in the Settlement Fund. This notice provides only a summary
of the information contained in the detailed Notice. You may obtain
a copy of the Notice, along with the Claim Form, on the website for
the Settlement, www.BectonSecuritiesSettlement.com. You may also
obtain a copy of the Notice and Claim Form by contacting the Claims
Administrator by mail at Becton, Dickinson and Company Securities
Litigation, c/o JND Legal Administration, P.O. Box 91443, Seattle,
WA 98111; by calling toll free 1-888-995-0312; or by sending an
email to info@BectonSecuritiesSettlement.com. Copies of the Notice
and Claim Form can also be found on Class Counsel's website
www.ktmc.com.
If you are a Class Member, in order to be eligible to receive a
payment from the proposed Settlement, you must submit a Claim Form
postmarked (if mailed), or online via
www.BectonSecuritiesSettlement.com, no later than June 14, 2024, in
accordance with the instructions set forth in the Claim Form. If
you are a Class Member and do not submit a proper Claim Form, you
will not be eligible to share in the distribution of the net
proceeds of the Settlement, but you will nevertheless be bound by
any releases, judgments, or orders entered by the Court in the
Action.
If you are a member of the Class and wish to exclude yourself from
the Class, you must submit a request for exclusion such that it is
received no later than April 1, 2024, in accordance with the
instructions set forth in the Notice. If you properly exclude
yourself from the Class, you will not be bound by any releases,
judgments, or orders entered by the Court in the Action and you
will not receive any benefits from the Settlement. Excluding
yourself from the Class is the only option that may allow you to be
part of any other current or future lawsuit against Defendants or
any of the other released parties concerning the claims being
resolved by the Settlement.
Any objections to the proposed Settlement, the proposed Plan of
Allocation, and/or Class Counsel's motion for attorneys' fees and
Litigation Expenses must be filed with the Court and delivered to
Class Counsel and Defendants' Counsel such that they are received
no later than April 1, 2024, in accordance with the instructions
set forth in the Notice.
PLEASE DO NOT CONTACT THE COURT, THE CLERK'S OFFICE, DEFENDANTS, OR
DEFENDANTS' COUNSEL REGARDING THIS NOTICE. All questions about this
notice, the Settlement, or your eligibility to participate in the
Settlement should be directed to Class Counsel or the Claims
Administrator.
Requests for the Notice and Claim Form should be made to the Claims
Administrator:
Becton, Dickinson and Company Securities Litigation
c/o JND Legal Administration
P.O. Box 91443
Seattle, WA 98111
1-888-995-0312
info@BectonSecuritiesSettlement.com
www.BectonSecuritiesSettlement.com
All other inquiries should be made to Class Counsel:
Kessler Topaz Meltzer & Check, LLP
Sharan Nirmul, Esq.
Joshua D'Ancona, Esq.
280 King of Prussia Road
Radnor, PA 19087
1-610-667-7706
info@ktmc.com
BY ORDER OF THE COURT
United States District Court
District of New Jersey
CARBONITE INC: $27.5MM Class Settlement to be Heard on May 15
-------------------------------------------------------------
Robbins Geller Rudman & Dowd LLP issued a statement regarding the
Carbonite Securities Litigation:
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
RUBEN A. LUNA, Individually and on Behalf of
All Others Similarly Situated,
Plaintiff,
vs.
CARBONITE, INC., et al.,
CLASS ACTION
Defendants.
No. 1:19-cv-11662-LTS
(Consolidated)
SUMMARY NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION
TO: ALL PERSONS AND ENTITIES WHO PURCHASED OR OTHERWISE ACQUIRED
THE COMMON STOCK OF CARBONITE, INC. ("CARBONITE") DURING THE PERIOD
BETWEEN OCTOBER 18, 2018 AND JULY 25, 2019, INCLUSIVE ("CLASS" OR
"CLASS MEMBERS")
THIS NOTICE WAS AUTHORIZED BY THE COURT. IT IS NOT A LAWYER
SOLICITATION. PLEASE READ THIS NOTICE CAREFULLY AND IN ITS
ENTIRETY.
YOU ARE HEREBY NOTIFIED that a hearing will be held on May 15,
2024, at 2:00 p.m., before the Honorable Leo T. Sorokin at the
United States District Court, District of Massachusetts, John
Joseph Moakley U.S. Courthouse, 1 Courthouse Way, Boston, MA 02210,
to determine whether: (1) the proposed settlement (the
"Settlement") of the above-captioned Litigation as set forth in the
Stipulation of Settlement ("Stipulation") for $27.5 million in cash
should be approved by the Court as fair, reasonable, and adequate;
(2) the Judgment as provided under the Stipulation should be
entered dismissing the Litigation with prejudice; (3) to award Lead
Plaintiff's Counsel attorneys' fees and expenses out of the
Settlement Fund (as defined in the Notice of Pendency and Proposed
Settlement of Class Action ("Notice"), which is discussed below)
and, if so, in what amounts; (4) to pay Lead Plaintiff for its
costs and expenses in representing the Class out of the Settlement
Fund and, if so, in what amount; and (5) the Plan of Allocation
should be approved by the Court as fair, reasonable, and adequate.
There exists the possibility that the Court may decide to change
the date and/or time of the Settlement Hearing, conduct the
Settlement Hearing by video or telephonic conference, or otherwise
allow Class Members to appear at the hearing by phone or video
conference, without further written notice to the Class. In order
to determine whether the date and time of the Settlement Hearing
have changed, or whether Class Members must or may participate by
phone or video, it is important that you monitor the Court's docket
and the Settlement website, www.CarboniteSecuritiesLitigation.com,
before making any plans to attend the Settlement Hearing. Any
updates regarding the Settlement Hearing, including any changes to
the date or time of the hearing or updates regarding in-person or
telephonic appearances at the hearing, will also be posted to that
website. Also, if the Court requires or allows Class Members to
participate in the Settlement Hearing by telephone or video
conference, the access information will be posted to the Settlement
website, www.CarboniteSecuritiesLitigation.com.
IF YOU PURCHASED OR OTHERWISE ACQUIRED CARBONITE COMMON STOCK
BETWEEN OCTOBER 18, 2018 AND JULY 25, 2019, INCLUSIVE, AND WERE
DAMAGED THEREBY, YOUR RIGHTS ARE AFFECTED BY THE SETTLEMENT OF THIS
LITIGATION.
To share in the distribution of the Net Settlement Fund, you must
establish your rights by submitting a Proof of Claim and Release
form ("Proof of Claim") by mail (postmarked no later than June 21,
2024) or electronically (no later than June 21, 2024). Your failure
to submit your Proof of Claim by June 21, 2024, will subject your
claim to rejection and preclude you from receiving any of the
recovery in connection with the Settlement of this Litigation. If
you purchased or otherwise acquired Carbonite common stock during
the period between October 18, 2018 and July 25, 2019, inclusive,
and do not request exclusion from the Class, you will be bound by
the Settlement and any judgment and release entered in the
Litigation, including, but not limited to, the Judgment, whether or
not you submit a Proof of Claim.
The Notice, which more completely describes the Settlement and your
rights thereunder (including your right to object to the
Settlement), the Proof of Claim, the Stipulation (which, among
other things, contains definitions for the defined terms used in
this Summary Notice), and other important documents, may be
accessed online at www.CarboniteSecuritiesLitigation.com, or by
writing to:
Carbonite Securities Litigation
Claims Administrator
c/o Gilardi & Co. LLC
P.O. Box 301171
Los Angeles, CA 90030-1171
Inquiries should NOT be directed to Carbonite, Defendants, the
Court, or the Clerk of the Court.
Inquiries, other than requests for the Notice or for a Proof of
Claim, may be made to Lead Counsel:
ROBBINS GELLER RUDMAN & DOWD LLP
Ellen Gusikoff Stewart
655 West Broadway, Suite 1900
San Diego, CA 92101
Telephone: 1-800-449-4900
settlementinfo@rgrdlaw.com
IF YOU DESIRE TO BE EXCLUDED FROM THE CLASS, YOU MUST SUBMIT A
REQUEST FOR EXCLUSION SUCH THAT IT IS POSTMARKED BY APRIL 24, 2024,
IN THE MANNER AND FORM EXPLAINED IN THE NOTICE. ALL CLASS MEMBERS
WILL BE BOUND BY THE SETTLEMENT EVEN IF THEY DO NOT SUBMIT A TIMELY
PROOF OF CLAIM.
IF YOU ARE A CLASS MEMBER, YOU HAVE THE RIGHT TO OBJECT TO THE
SETTLEMENT, THE PLAN OF ALLOCATION, THE REQUEST BY LEAD PLAINTIFF'S
COUNSEL FOR AN AWARD OF ATTORNEYS' FEES NOT TO EXCEED 33-1/3% OF
THE $27.5 MILLION SETTLEMENT AMOUNT AND EXPENSES NOT TO EXCEED
$600,000, PLUS INTEREST ON BOTH AMOUNTS, AND/OR THE PAYMENT TO LEAD
PLAINTIFF FOR ITS COSTS AND EXPENSES NOT TO EXCEED $14,000. ANY
OBJECTIONS MUST BE FILED WITH THE COURT AND SENT TO LEAD COUNSEL
AND DEFENDANTS' COUNSEL BY APRIL 24, 2024, IN THE MANNER AND FORM
EXPLAINED IN THE NOTICE.
DATED: FEBRUARY 1, 2024
BY ORDER OF THE COURT
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
JAMES RIVER: $30MM Class Action Settlement to be Heard on May 24
----------------------------------------------------------------
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
RICHMOND DIVISION
IN RE JAMES RIVER GROUP HOLDINGS,
LTD. SECURITIES LITIGATION
Case: 3:21-cv-00444-DJN
SUMMARY NOTICE OF (I) PENDENCY OF CLASS ACTION
AND PROPOSED SETTLEMENT; (II) SETTLEMENT HEARING; AND
TO:
All persons and entities who purchased or otherwise acquired the
common stock of James River Group Holdings, Ltd. ("James River" or
the "Company") during the period from February 22, 2019 through
October 25, 2021, inclusive (the "Class Period"), and who were
damaged thereby (the "Settlement Class")1:
PLEASE READ THIS NOTICE CAREFULLY. YOUR RIGHTS WILL BE AFFECTED BY
A CLASS ACTION LAWSUIT PENDING IN THIS COURT.
YOU ARE HEREBY NOTIFIED, pursuant to Rule 23 of the Federal Rules
of Civil Procedure and an Order of the United States District Court
for the Eastern District of Virginia (the "Court"), that the
above-captioned securities class action (the "Action") is pending
in the Court.
YOU ARE ALSO NOTIFIED that Lead Plaintiffs Employees' Retirement
Fund of the City of Fort Worth d/b/a Fort Worth Employees'
Retirement Fund and The City of Miami General Employees' &
Sanitation Employees' Retirement Trust (together, "Lead
Plaintiffs"), on behalf of themselves and the Settlement Class,
have reached a proposed settlement of the Action for $30,000,000 in
cash (the "Settlement"). If approved, the Settlement will resolve
all claims in the Action.
The Action involves allegations that James River and certain of its
senior officers violated federal securities laws. Lead Plaintiffs
allege, among other things, that James River and certain of its
executives made material misrepresentations and omissions about
James River's financial condition and alleged systemic policy of
under-reserving for claims during the Class Period in violation of
Section 10(b) of the Securities Exchange Act of 1934 (the "Exchange
Act"), and that the executive defendants controlled James River
when the misstatements were made, in violation of Section 20(a) of
the Exchange Act. Defendants2 deny all allegations in the Action
and deny any violations of the federal securities laws. Issues and
defenses at issue in the Action included (i) whether Defendants
made materially false statements or omissions; (ii) whether
Defendants made the statements with the required state of mind;
(iii) whether the alleged misstatements caused class members'
losses; and (iv) the amount of damages, if any.
A hearing will be held on May 24, 2024, at 11:00 a.m., before the
Honorable David J. Novak of the United States District Court for
the Eastern District of Virginia, in person in Courtroom 6300 of
the Spottswood W. Robinson III and Robert R. Merhige, Jr., Federal
Courthouse, 701 East Broad Street, Richmond, VA 23219 to determine:
(i) whether the proposed Settlement should be approved as fair,
reasonable, and adequate; (ii) whether, for purposes of the
proposed Settlement only, the Action should be certified as a class
action on behalf of the Settlement Class, Lead Plaintiffs should be
certified as Class Representatives for the Settlement Class, and
Lead Counsel should be appointed as Class Counsel for the
Settlement Class; (iii) whether the Action should be dismissed with
prejudice against Defendants, and the Releases specified and
described in the Stipulation (and in the Notice) should be granted;
(iv) whether the proposed Plan of Allocation should be approved as
fair and reasonable; and (v) whether Lead Counsel's application for
an award of attorneys' fees and expenses should be approved.
If you are a member of the Settlement Class, your rights will be
affected by the pending Action and the Settlement, and you may be
entitled to share in the Net Settlement Fund. If you have not yet
received the Notice and the Proof of Claim and Release Form ("Claim
Form"), you may obtain copies of these documents by contacting the
Claims Administrator at: James River Securities Litigation, c/o
A.B. Data, Ltd., P.O. Box 173139, Milwaukee, WI 53217; (877)
495-0945; info@JamesRiverSecuritiesLitigation.com. Copies of the
Notice and Claim Form can also be downloaded from the Settlement
website, www.JamesRiverSecuritiesLitigation.com
If you are a member of the Settlement Class, in order to be
eligible to receive a payment from the Settlement, you must submit
a Claim Form postmarked (if mailed) or online by no later than June
25, 2024. If you are a Settlement Class Member and do not submit a
proper Claim Form, you will not be eligible to receive a payment
from the Settlement, but you will nevertheless be bound by any
judgments or orders entered by the Court in the Action.
If you are a member of the Settlement Class and wish to exclude
yourself from the Settlement Class, you must submit a request for
exclusion such that it is received no later than May 3, 2024, in
accordance with the instructions set forth in the Notice. If you
properly exclude yourself from the Settlement Class, you will not
be bound by any judgments or orders entered by the Court in the
Action and you will not be eligible to receive a payment from the
Settlement.
Any objections to the proposed Settlement, the proposed Plan of
Allocation, or Lead Counsel's motion for attorneys' fees and
expenses must be filed with the Court and delivered to Lead Counsel
and Defendants' Counsel such that they are received no later than
May 3, 2024, in accordance with the instructions set forth in the
Notice.
Please do not contact the Court, the Office of the Clerk of the
Court, Defendants, or their counsel regarding this notice. All
questions about this notice, the proposed Settlement, or your
eligibility to participate in the Settlement should be directed to
the Claims Administrator or Lead Counsel.
Requests for the Notice and Claim Form should be made to:
James River Securities Litigation
c/o A.B. Data, Ltd.
P.O. Box 173139
Milwaukee, WI 53217
(877) 495-0945
info@JamesRiverSecuritiesLitigation.com
Inquiries, other than requests for the Notice and Claim Form,
should be made to Lead Counsel:
Rebecca Boon
Jeremy P. Robinson
Bernstein Litowitz Berger & Grossmann LLP
1251 Avenue of the Americas, 44th Floor
New York, NY 10020
(800) 380-8496
settlements@blbglaw.com
David R. Kaplan
Saxena White P.A.
505 Lomas Santa Fe Drive
Suite 180
Solana Beach, CA 92075
(858) 997-0860
settlements@saxenawhite.com
By Order of the Court
1 Certain persons and entities are excluded from the Settlement
Class by definition, as set forth in the full Notice of (I)
Pendency of Class Action and Proposed Settlement; (II) Settlement
Hearing; and (III) Motion for Attorneys' Fees and Litigation
Expenses (the "Notice"), available at
www.JamesRiverSecuritiesLitigation.com
2 Capitalized terms not otherwise defined herein shall have the
same meaning as in the Stipulation and Agreement of Settlement
dated December 22, 2023 ("Stipulation"). The Stipulation can be
viewed and/or obtained at www.JamesRiverSecuritiesLitigation.com
PELOTON INTERACTIVE: $13.95MM Settlement to be Heard on June 20
---------------------------------------------------------------
Faruqi & Faruqi, LLP issued a statement regarding Peloton
Interactive, Inc. Securities Litigation.
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
IN RE PELOTON INTERACTIVE, INC. SECURITIES LITIGATION
Case No. 1:21-cv-02369-CBA-PK
SUMMARY NOTICE OF (I) PENDENCY OF CLASS ACTION AND PROPOSED
SETTLEMENT; (II) SETTLEMENT HEARING; AND (III) MOTION FOR
ATTORNEYS' FEES AND LITIGATION EXPENSES
To: All Persons who purchased or otherwise acquired Peloton
Interactive, Inc.'s ("Peloton") securities between September 11,
2020 and May 5, 2021, inclusive, and who suffered damages thereby
("Settlement Class").
YOU ARE HEREBY NOTIFIED, pursuant to Rule 23 of the Federal Rules
of Civil Procedure and an Order of the United States District Court
for the Eastern District of New York, that Richard Neswick, Lead
Plaintiff in the Action ("Lead Plaintiff"), on behalf of himself
and all members of the Settlement Class and Defendants Peloton
Interactive, Inc. ("Peloton"), and John Foley, Jill Woodworth,
Hisao Kushi, and Brad Olson (the "Individual Defendants," and with
Peloton, the "Defendants," and collectively with Plaintiffs, the
"Parties"), have reached a proposed settlement of the claims in the
Action in the amount of $13,950,000 (the "Settlement").
A hearing will be held before Magistrate Judge Peggy Kuo, on June
20, 2024, at 10:00 a.m. in Courtroom 11C South of the United States
District Court for the Eastern District of New York, at the
Theodore Roosevelt Court House, 225 Cadman Plaza East, Brooklyn, NY
11201 (the "Settlement Hearing") to, among other things, determine
whether the Court should: (i) approve the proposed Settlement as
fair, reasonable, and adequate; (ii) dismiss the Action with
prejudice as provided in the Stipulation and Agreement of
Settlement, dated April 17, 2023; (iii) approve the proposed Plan
of Allocation for distribution of the settlement funds available
for distribution to Settlement Class Members (the "Net Settlement
Fund"); and (iv) approve Lead Counsel's Fee and Expense
Application. The Court may change the date of the Settlement
Hearing, or hold it telephonically, without providing another
notice. You do NOT need to attend the Settlement Hearing to receive
a distribution from the Net Settlement Fund.
IF YOU ARE A MEMBER OF THE SETTLEMENT CLASS, YOUR RIGHTS WILL BE
AFFECTED BY THE PROPOSED SETTLEMENT AND YOU MAY BE ENTITLED TO A
MONETARY PAYMENT. You may obtain copies of the Notice and Proof of
Claim form by visiting the website of the Claims Administrator,
www.PelotonSecuritiesSettlement.com, or by contacting the Claims
Administrator at:
In re Peloton Interactive, Inc. Securities Litigation
Epiq Systems, Inc.
PO Box 2915
Portland, OR 97208-2915
Info@PelotonSecuritiesSettlement.com
Inquiries, other than requests for the Notice/Claim Form or for
information about the status of a claim, may also be made to Lead
Counsel:
James M. Wilson, Jr.
FARUQI & FARUQI, LLP
685 Third Avenue, 26th Floor
New York, NY 10017
Telephone: 212-983-9330
Facsimile: 212-983-9331
Email: jwilson@faruqilaw.com
If you are a Settlement Class Member, to be eligible to share in
the distribution of the Net Settlement Fund, you must submit a
Claim Form postmarked or submitted electronically no later than May
21, 2024. If you are a Settlement Class Member and do not timely
submit a valid Claim Form, you will not be eligible to share in the
distribution of the Net Settlement Fund, but you will nevertheless
be bound by all judgments or orders entered by the Court relating
to the Settlement, whether favorable or unfavorable.
If you are a Settlement Class Member and wish to exclude yourself
from the Settlement Class, you must submit a written request for
exclusion in accordance with the instructions set forth in the
Notice such that it is received no later than May 29, 2024. If you
properly exclude yourself from the Settlement Class, you will not
be bound by any judgments or orders entered by the Court relating
to the Settlement, whether favorable or unfavorable, and you will
not be eligible to share in the distribution of the Net Settlement
Fund.
Any objections to the proposed Settlement, Lead Counsel's Fee and
Expense Application, and/or the proposed Plan of Allocation must be
filed with the Court, either by mail or in person, and be mailed to
counsel for the Parties in accordance with the instructions in the
Notice, such that they are received no later than May 30, 2024.
PLEASE DO NOT CONTACT THE COURT, DEFENDANTS, OR DEFENDANTS' COUNSEL
REGARDING THIS NOTICE.
Dated: March 4, 2024
BY ORDER OF THE COURT
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
URL: www.PelotonSecuritiesSettlement.com
PERRY JOHNSON & ASSOCIATES: Brown Files Suit in E.D. New York
-------------------------------------------------------------
A class action lawsuit has been filed against Perry Johnson &
Associates, Inc. The case is styled as Marc Brown, individually and
on behalf of all others similarly situated v. Perry Johnson &
Associates, Inc. d/b/a PJ&A, Case No. 1:24-cv-01380 (E.D.N.Y., Feb.
23, 2024).
The nature of suit is stated as Other Contract.
Perry Johnson & Associates, Inc. doing business as PJ&A --
https://www.pjats.com/ -- provides health information technology
solutions.[BN]
The Plaintiff is represented by:
Joseph Guglielmo, Esq.
SCOTT & SCOTT LLP
The Hemsley Building
230 Park Avenue, 17th Floor
New York, NY 10169
Phone: (212) 223-6444
Fax: (212) 223-6334
Email: jguglielmo@scott-scott.com
PERRY JOHNSON: Brown Suit Transferred to E.D. New York
------------------------------------------------------
The case styled as Debra L. Brown, individually and on behalf of
all others similarly situated v. PERRY JOHNSON & ASSOCIATES, INC.
AND NORTHWELL HEALTH, INC., Case No. 2:24-cv-10037 was transferred
from the U.S. District Court for the Eastern District of Michigan,
to the U.S. District Court for the Eastern District of New York on
Feb. 27, 2024.
The District Court Clerk assigned Case No. 1:24-cv-01146 to the
proceeding.
The nature of suit is stated as Other P.I. for Personal Injury.
Perry Johnson & Associates -- https://www.pjats.com/ -- offers
solutions for healthcare operations like clinical documentation,
coding, AI consultation and telehealth.[BN]
The Plaintiff is represented by:
Nick Suciu III, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
6905 Telegraph Rd., Suite 115
Bloomfield Hills, MI 48301
Phone: 313-303-3472
Email: nsuciu@milberg.com
- and -
Gary M. Klinger, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
227 W. Monroe Street, Suite 2100
Chicago, IL 60606
Phone: (866) 252-0878
Email: gklinger@milberg.com
- and -
James J. Pizzirusso, Esq.
HAUSFELD LLP
1700 K Street, NW, Suite 650
Washington, DC 20006
Phone: (202) 540-7200
Email: jpizzirusso@hausfeld.com
- and -
Steven M. Nathan, Esq.
HAUSFELD
33 Whitehall Street, Ste 14th Floor
New York, NY 10004
Phone: (646) 357-1194
Fax: (212) 202-4322
Email: snathan@hausfeld.com
PET GOODS INC: Beauchamp Files ADA Suit in S.D. New York
--------------------------------------------------------
A class action lawsuit has been filed against Pet Goods, Inc. The
case is styled as Kevin Beauchamp, on behalf of himself and all
others similarly situated v. Pet Goods, Inc., Case No.
1:24-cv-01432-JMF-JLC (S.D.N.Y., Feb. 26, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Pet Goods -- https://www.petgoods.com/ -- provides pet owners the
finest selection of pet supplies including food, treats, beds,
habitats, low-cost in-store vet clinics and more.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
10826 64th Avenue, Ste. 2nd Floor
Forest Hills, NY 11375
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
PHILIP MORRIS: Consolidated Securities Suit Ongoing in NY Court
---------------------------------------------------------------
Philip Morris International Inc. (PMI) disclosed in its Form 10-K
report for the fiscal year ended December 31, 2023, filed with the
Securities and Exchange Commission on February 8, 2024, that a
putative shareholder class action lawsuit, "In re Philip Morris
International Inc. Securities Litigation," is pending in the United
States District Court for the Southern District of New York,
purportedly on behalf of purchasers of Philip Morris International
Inc. stock between July 26, 2016 and April 18, 2018.
The lawsuit names Philip Morris International Inc. and certain
officers and employees as defendants and includes allegations that
the defendants made false and/or misleading statements and/or
failed to disclose information about PMI's business, operations,
financial condition, and prospects, related to product sales of,
and alleged irregularities in clinical studies of, PMI's Platform 1
product.
The lawsuit seeks various forms of relief, including damages. In
November 2018, the court consolidated three putative shareholder
class action lawsuits with similar allegations previously filed in
the Southern District of New York (namely, "City of Westland Police
and Fire Retirement System v. Philip Morris International Inc., et
al.," "Greater Pennsylvania Carpenters’ Pension Fund v. Philip
Morris International Inc., et al.," and "Gilchrist v. Philip Morris
International Inc., et al.") into these proceedings.
On February 4, 2020, the court granted defendants' motion in its
entirety, dismissing all but one of the plaintiffs' claims with
prejudice. The court noted that one of plaintiffs' claims
(allegations relating to four non-clinical studies of PMI's
Platform 1 product) did not state a viable claim but allowed
plaintiffs to replead that claim by March 3, 2020.
On February 18, 2020, the plaintiffs filed a motion for
reconsideration of the court's February 4th decision; this motion
was denied on September 21, 2020. On September 28, 2020, plaintiffs
filed an amended complaint seeking to replead allegations relating
to four non-clinical studies of PMI's Platform 1 product. On
September 10, 2021, the court granted defendant's motion to dismiss
plaintiffs' amended complaint in its entirety. On December 26,
2023, the U.S. Court of Appeals for the Second Circuit upheld the
dismissal of plaintiffs' claims.
Philip Morris International Inc. is a Virginia holding company and
a leading international tobacco company. Its current product
portfolio primarily consists of cigarettes and smoke-free products,
which include heat-not-burn, vapor, and oral nicotine products.
PINNACLE GROUP: Court Holds Fernandez Class Cert Bids in Abeyance
-----------------------------------------------------------------
In the class action lawsuit captioned as EDGAR FERNANDEZ, on behalf
of himself, individually, and on behalf of all others
similarly-situated, v. PINNACLE GROUP NY LLC, ORDER and JOEL
WIENER, individually, Case No. 1:21-cv-10702-AT (S.D.N.Y.), the
Hon. Judge Analisa Torres entered an order temporarily holding
motions in abeyance pending its decision on the motion to strike.
The Clerk of Court is directed to terminate the motions. The
parties are encouraged to continue their settlement discussions in
the interim.
On May 10, 2023, the Plaintiff moved to conditionally certify the
case "as a Fair Labor Standards Act ("FLSA") collective action
consisting of 'current and former employees of Defendants, who at
any time between December 14, 2018, and the present, performed any
work for Defendants as a superintendent and who consent to file a
claim to recover damages for unpaid overtime compensation and
liquidated damages that are legally due to them.'"
A copy of the Court's order dated March 1, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=ADluDf at no extra
charge.[CC]
PINNACLE TOO: Charles Seeks More Time to File Class Cert Reply
--------------------------------------------------------------
In the class action lawsuit captioned as Charles v. Pinnacle Too,
LLC et al., Case No. 1:22-cv-04232-DEH-JW (S.D.N.Y.), the
Plaintiffs ask the Court to enter an order granting two-weeks
extension of their time to file their replies to the Defendants'
oppositions to the Plaintiff's Motion for Class Certification and
Plaintiff's Motion for Final Collective Certification.
-- The bid seeks to extend the Plaintiff's deadline to reply to
Defendants' opposition to the Motions from March 14, 2024 to
March 28, 2024.
A copy of the Plaintiff's motion dated March 1, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=BdglXS at no extra
charge.[CC]
The Plaintiff is represented by:
C.K. Lee, Esq.
LEE LITIGATION GROUP, PLLC
INFO@LEELITIGATION.COM
148 West 24th Street, Eighth Floor
New York, NY 10011
Telephone: (212) 465-1180
Facsimile: (212) 465-1181
E-mail: cklee@leelitigation.com
POISONED PEN: Beauchamp Files ADA Suit in S.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against The Poisoned Pen, A
Mystery Bookstore, Ltd. The case is styled as Kevin Beauchamp, on
behalf of himself and all others similarly situated v. The Poisoned
Pen, A Mystery Bookstore, Ltd., Case No. 1:24-cv-01430-JHR-SLC
(S.D.N.Y., Feb. 26, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
The Poisoned Pen, A Mystery Bookstore, Ltd. --
https://poisonedpen.com/ -- is an independent bookstore which
specializes in signed 1st editions and book signings.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
10826 64th Avenue, Ste. 2nd Floor
Forest Hills, NY 11375
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
PRUDENTIAL FINANCIAL: Moreland Insurance Suit Dismissed
-------------------------------------------------------
Prudential Financial, Inc. disclosed in its Form 10-K report for
the fiscal year ended December 31, 2023, filed with the Securities
and Exchange Commission February 21, 2024, that the matter of a
June 2020, putative class action complaint entitled "Socorro
Moreland v. The Prudential Insurance Company of America; Pruco Life
Insurance Company," is now closed. In January 2024, the court
issued a Joint Stipulation and Order dismissing the case with
prejudice.
Said case was filed in the United States District Court for the
Northern District of California, alleging that the company failed
to comply with California laws requiring that life insurance
policies issued and delivered in California: provide for a 60-day
grace period pre-lapse during which a policy must stay in force;
provide a 30-day written notice of pending lapse and notify
policyowners of their right to designate additional recipients for
lapse notices.
The complaint asserts claims for violation of California law,
breach of contract, unfair competition, and bad faith violation of
the implied covenant of good faith and fair dealing, and seeks
unspecified damages, declaratory and injunctive relief. In August
2020, defendants filed an answer to the complaint and a motion to
stay the action pending the California Supreme Court's decision in
"McHugh v. Protective Life Insurance," on the question of whether
the California lapse statutes apply to policies that were in force
when the statutes went into effect on January 1, 2013, or solely to
policies issued after that date. The Moreland court granted
defendants' motion to stay in October 2020. Subsequently, in August
2021, the California Supreme Court in McHugh determined that the
California lapse statutes apply to policies that were in force as
of January 1, 2013. In October 2021, the Moreland court lifted the
stay order. In December 2022, plaintiff filed a motion for class
certification. In September 2023, the court issued an Order denying
plaintiff's class certification motion.
Prudential Financial, Inc. is a global financial services company
and premier active global investment manager with approximately
$1.450 trillion of assets under management as of December 31, 2023,
has operations in the United States, Asia, Europe and Latin
America.
QUANTUMSCAPE CORP: Continues to Defend Securities Class Suit
------------------------------------------------------------
QuantumScape Corporation disclosed in its Form 10-K Report for the
fiscal period ending December 31, 2023 filed with the Securities
and Exchange Commission on February 27, 2023, that the Company
continues to defend itself from a securities class suit in the
United States District Court for the Northern District of
California.
Beginning in January 2021 class action lawsuits were filed in the
United States District Court for the Northern District of
California by purported purchasers of Company securities.
The lead plaintiff filed a consolidated complaint on June 21, 2021,
which alleges a purported class that includes all persons who
purchased or acquired our securities between November 27, 2020 and
April 14, 2021.
The consolidated complaint names the Company, its Chief Executive
Officer, its Chief Financial Officer, and its Chief Technology
Officer as defendants.
The consolidated complaint alleges that the defendants purportedly
made false and/or misleading statements and failed to disclose
material adverse facts about the Company's business, operations,
and prospects, including information regarding the Company's
battery technology.
On January 14, 2022, defendants' motion to dismiss the consolidated
complaint was substantially denied. On December 19, 2022, the court
granted plaintiffs' motion to certify the class. QuantumScape
continues to believe it has meritorious defenses to the claims and
intends to defend itself vigorously.
QuantumScape develops battery technology for electric vehicles and
other applications.[BN]
QUOTELAB LLC: Class Certification Discovery in Weingard Deferred
----------------------------------------------------------------
In the class action lawsuit captioned as LEON WEINGRAD, v.
QUOTELAB, LLC doing business as DIRECTHEALTHINSURANCE, Case No.
2:23-cv-05007-GAM (E.D. Pa.), the Hon. Judge Gerald Austin McHugh
entered a scheduling order as follows:
1) The parties shall have 120 days to complete fact discovery
with
respect to the substantive merits of Plaintiff's claims.
2) Discovery relevant to class certification shall be deferred
until after the Court's initial assessment of the merits.
3) Any expert reports relevant to the substantive merits of
Plaintiff's claim shall be submitted 30 days after expiration
of
the fact discovery deadline, with responsive reports due 30
days
thereafter.
4) Dispositive motions, if any, shall be due 210 days from the
date
of this order.
QuoteLab is an online auto and home insurance marketplace
connecting consumers with agents and companies.
A copy of the Court's order dated March 1, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=EE1kKK at no extra
charge.[CC]
R & A CYCLES INC: Colak Files ADA Suit in E.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against R & A Cycles, Inc.
The case is styled as Ali Colak, on behalf of himself and all
others similarly situated v. R & A Cycles, Inc., Case No.
2:24-cv-01370 (E.D.N.Y., Feb. 23, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
R & A Cycles, Inc. -- https://www.racycles.com/ -- is a
high-performance bespoke bike shop specializing in road, triathlon,
gravel, mountain, components, and apparel since 1976.[BN]
The Plaintiff is represented by:
PeterPaul Elhamy Shaker, Esq.
STEIN SAKS, PLLC
1 University Plaza, Ste. 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: pshaker@steinsakslegal.com
RENTGROW INC: Seeks Leave to File Confidential Docs in Szewczyk
---------------------------------------------------------------
In the class action lawsuit captioned as JUSTIN SZEWCZYK, v.
RENTGROW, INC., and DOES 1–10, Case No. 1:22-cv-10734-MJJ (D.
Mass.), the Defendant asks the Court to enter an order granting
motion to leave to file the Confidential Materials under seal, and
requests that the Court order the Confidential Materials be
maintained under seal permanently.
Accordingly, RentGrow seeks leave to file under seal its unredacted
Motion for Summary Judgment, unredacted Statement of Material
Facts, and the following Exhibits in support of the Motion for
Summary Judgment and Class Certification Opposition that include
the same
confidential information:
-- Exhibit A to RentGrow's Motion for Summary Judgment, which
contains references to RentGrows internal dispute volume
metrics
that have been designated by RentGrow as confidential pursuant
to
the Protective Order;
-- Exhibit B to RentGrow's Motion for Summary Judgment, which
contains a nonpublic criminal record;
-- Exhibit C to RentGrow's Motion for Summary Judgment, which
contains Plaintiff's deposition testimony discussing the
details
of his prior offenses and confidential settlement discussions;
-- Exhibit D to RentGrow's Motion for Summary Judgment, which
contains Plaintiff's personal identifying information;
-- Exhibit E to RentGrow's Motion for Summary Judgment, which
contains Plaintiff's tenant screening report including personal
identifying information and credit history/financial
information;
A copy of the Defendant's motion dated March 1, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=VoIxFd at no extra
charge.[CC]
The Defendant is represented by:
Timothy St. George, Esq.
Ronald I. Raether, Esq.
Danni Shanel, Esq.
TROUTMAN PEPPER
HAMILTON SANDERS LLP
1001 Haxall Court
Richmond, VA 23219
E-mail: timothy.st.george@troutman.com
ron.raether@troutman.com
danni.shanel@troutman.com
RENTGROW INC: Seeks to Strike Szewczyk Bid to Certify Class
-----------------------------------------------------------
In the class action lawsuit captioned as JUSTIN SZEWCZYK, v.
RENTGROW, INC., and DOES 1–10, Case No. 1:22-cv-10734-MJJ (D.
Mass.), pursuant to Federal Rule of Civil Procedure 37(c), RentGrow
asks the Court to enter an order striking the Plaintiff's motion to
certify class.
RentGrow hereby requests oral argument on its motion to strike
Plaintiff's motion to certify Class.
A copy of the Defendant's motion dated March 1, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=PTwxwZ at no extra
charge.[CC]
The Defendants are represented by:
Timothy St. George, Esq.
Ronald I. Raether, Esq.
Danni Shanel, Esq.
TROUTMAN PEPPER HAMILTON SANDERS LLP
5 Park Plaza, Ste. 1400
Irvine, CA 92614
Telephone: (949) 622-2722
E-mail: timothy.st.george@troutman.com
ron.raether@troutman.com
danni.shanel@troutman.com
ROADRUNNER TRANS: Class Cert Filing in Jauregui Due July 3
----------------------------------------------------------
In the class action lawsuit captioned as GRISELDA JAUREGUI,
individually, and on behalf of other members of the general public
similarly situated, v. ROADRUNNER TRANSPORTATION SERVICES, INC., an
unknown business entity; and DOES 1 through 100, inclusive, Case
No. 2:21-cv-04657-SPG-PD (C.D. Cal.), the Hon. Judge Sherilyn Peace
Garnett entered an order granting the joint stipulation to continue
motion for class certification deadlines:
-- Motion for Class Certification Deadline July 3, 2024
is set for:
-- Opposition to Motion for Class Aug. 2, 2024
Certification Deadline is set for:
-- Reply to Opposition to Motion for Aug. 30, 2024
Class Certification Deadline is
set for:
-- Hearing on Motion for Class Sept. 16, 2024
Certification Deadline is set for:
On Feb. 19, 2024, the Parties filed a Joint Stipulation to Continue
Motion for Class Certification Deadlines.
Roadrunner is part of the FreightCenter carrier network, offering
LTL freight services within the United States.
A copy of the Court's order dated March 1, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=j7Dsc7 at no extra
charge.[CC]
WAG HOTELS INC: Wisdom Suit Removed to N.D. California
------------------------------------------------------
The case styled as Alison Wisdom, Jeffrey Wisdom, Michelle Shelton,
individually and on Behalf of All Others Similarly Situated v. Wag
Hotels, Inc., Case No. 24-CIV-00040 was removed from the Superior
Court of California, County of San Mateo, to the U.S. District
Court for the Northern District of California on Feb. 26, 2024.
The District Court Clerk assigned Case No. 3:24-cv-01162-LJC to the
proceeding.
The nature of suit is stated as Other Fraud.
Wag Hotels -- https://www.waghotels.com/ -- is a full service dog &
cat hotel featuring boarding, training, spa services and doggy
daycare.[BN]
The Plaintiffs are represented by:
Amber Love Schubert, Esq.
Robert C. Schubert, Esq.
Schubert Jonckheer & Kolbe LLP
2001 Union St Ste 200
San Francisco, CA 94123
Phone: (415) 788-4220
Fax: (415) 788-0161
Email: aschubert@sjk.law
rschubert@sjk.law
The Defendant is represented by:
Scott D. Joiner, Esq.
Ward Alexander Penfold, Esq.
Nicole Charlene Valco, Esq.
LATHAM & WATKINS LLP
505 Montgomery Street, Suite 2000
San Francisco, CA 94111
Phone: (415) 391-0600
Email: scott.joiner@lw.com
ward.penfold@lw.com
nicole.valco@lw.com
WALMART INC: Class Cert Bid Filing Extended to May 13
-----------------------------------------------------
In the class action lawsuit captioned as SUSAN GAGETTA, et al., v.
WALMART, INC., Case No. 3:22-cv-03757-AMO (N.D. Cal.), the Hon.
Judge Araceli Martinez-Olguin entered an order granting in part
administrative motion to enlarge deadline to file class
certification motion and amend subsequent deadlines:
Event Prior New
Deadline Deadline
Substantial completion of None March 14,
2024
document production (including
sales data):
Plaintiffs' motion for class March 14, 2024 May 13,
2024
certification and class
certification expert reports:
Defendants' opposition to May 10, 2024 July 9,
2024
motion for class certification
and opposing class certification
expert reports, Daubert motion(s)
Plaintiffs' reply in support of June 14, 2024 Aug. 13,
2024
motion for class certification
and rebuttal class certification
expert reports, Daubert motions,
and opposition(s) to Defendant's
Daubert motion(s)
Hearing on motion for class Aug. 22, 2024 Oct. 24,
2024
certification and Daubert motions
Walmart is an American multinational retail corporation that
operates a chain of hypermarkets, discount department stores, and
grocery stores in the United States, headquartered in Bentonville,
Arkansas.
A copy of the Court's order dated March 1, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=4nJvmS at no extra
charge.[CC]
WALT DISNEY: Court Denies Bid to File Exhibits Under Seal
----------------------------------------------------------
In the class action lawsuit captioned as ERICA KELLY and MARILYN
PAONE, v. WALT DISNEY PARKS AND RESORTS U.S., INC., Case No.
6:22-cv-01919-RBD-DCI (M.D. Fla.), the Hon. Judge Daniel Irick
entered an order denying the following motions as follows:
-- The Defendant's Unopposed Motion to File Under Seal Certain
Exhibits Accompanying Plaintiffs' Motion to Certify Class
(Filed:
Feb. 15, 2024)
-- The Defendant's Unopposed Motion for Leave to File Under Seal
Certain Portions of its Opposition to Plaintiffs’ Motion for
Class Certification (Feb. 22, 2024)
A copy of the Court's order dated March 1, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=iqedLS at no extra
charge.[CC]
WALT DISNEY: Kelly Seeks to Certify Class
-----------------------------------------
In the class action lawsuit captioned as ERICA KELLY and MARILYN
PAONE, individually and on behalf of all others similarly situated,
v. WALT DISNEY PARKS AND RESORTS U.S., INC., Case No.
6:22-cv-01919-RBD-DCI (M.D. Fla.), the Plaintiffs request the Court
enter an order granting their motion for class certification,
pursuant to Federal Rule of Civil Procedure 23(a) and 23(b)(3).
The Plaintiffs also move for an order appointing the Plaintiffs as
Class Representatives and William B. Federman of Federman &
Sherwood as Class Counsel.
The Plaintiffs seek certification of a National Class and Florida
Subclass, defined as:
All persons who reside in the [United States/Florida] and
who
had an activated Platinum Pass at any time between July 11,
2020, through September 7, 2021.
In 2015, Disney began offering four annual theme park passes known
as the Platinum Plus Pass, Platinum Pass, Gold Pass, and Silver
Pass. The Platinum Pass, which lies at the center of this lawsuit,
was advertised by Disney with "no blockout dates."
The Plaintiffs allege Disney breached the implied covenant of good
faith and fair dealing by limiting the number of reservations
available to annual pass holders. Instead of permitting Platinum
Pass holders to receive the benefit of the bargain, i.e., make a
reservation every day of the year so long as park reservations were
available, Disney significantly limited the number of reservations
for Platinum Pass holders, depriving the Class of the benefit of a
Platinum Pass with "no blockout dates" as promised and advertised
by Defendant.
Walt Disney operates multiple theme parks in Florida.
A copy of the Plaintiffs' motion dated March 1, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=iAvoD4 at no extra
charge.[CC]
The Plaintiffs are represented by:
William B. Federman, Esq.
FEDERMAN & SHERWOOD
10205 N. Pennsylvania Ave.
Oklahoma City, OK 73120
Telephone: (405) 235-1560
Facsimile: (405) 239-2112
E-mail: wbf@federmanlaw.com
- and -
Gary Steven Menzer, Esq.
MENZER & HILL, P.A.
7280 W Palmetto Pk Rd, Ste. 203
Boca Raton, FL 33434
Telephone: (561) 327-7207
E-mail: gmenzer@menzerhill.com
WARRANTECH CONSUMER: Court Tosses Elliott Class Certification Bid
-----------------------------------------------------------------
In the class action lawsuit captioned as Kenneth Elliott, Susan
Young, and Gloria Balala Saito, v. Warrantech Consumer Product
Services, Inc. and Tag Warranty Corporation, Case No.
4:22-cv-00091-MLB (N.D. Ga.), the Hon. Judge Michael L. Brown
entered an order denying the Plaintiffs' motion for class
certification.
The Court also denies the Plaintiffs' Motion to Seal because
(1) it is wildly overbroad in that it seeks to seal the
entirety
of the Plaintiffs' class certification brief and supporting
exhibits (including several deposition transcripts and
contracts);
(2) it is confusing because it also asks the Court to unseal
those
documents "provided the Court agrees none of the materials
are
properly subject to a permanent seal;"
(3) it includes no legal arguments or discussion of authority;
(4) the information sought to be sealed is largely the
Defendants', and the Defendants have not asked the Court to
seal it; and
(5) the Plaintiffs have not submitted a proposed order
effectuating the relief they seek.
The Court directs the Clerk to unseal Documents 63–67 and all
attachments thereto.
The Court also directs the Clerk to unseal Document 70 and all
attachments thereto because no one has formally moved to seal such
documents or otherwise shown they should remain under seal.
Finally, given the Court's denial of the Plaintiffs' motion for
class
certification, the Court vacates its prior order requiring the
Defendants to produce the class discovery sought by the Plaintiffs
in the parties' joint discovery dispute statement. The Defendants
need not produce that discovery.
The Plaintiffs are three consumers who each allege a variation of
the same story: they bought a home appliance, they purchased an
"extended service plan" for their appliance, the extended service
plan contained a "no lemon guarantee" requiring the Defendants to
replace the appliance if—loosely speaking—it needed more than
three repairs in the same year, The Plaintiffs' appliance
ultimately did need more than three repairs in the same year, and
Defendants failed to replace it in violation of their guarantee.
The Plaintiffs also claim Defendants have done the same
thing—"fail[ed] to honor their no lemon guarantee"—to other
similarly situated consumers around the country.
The Plaintiffs move to certify the following class for their
breach-of-contract claim:
All natural persons domiciled in the United States or its
territories who purchased a Warrantech extended service
plan containing a “no lemon guarantee” who have had more
than three (3) service calls or repair attempts within any
twelve (12) month period between April 2016 and the present
and have not received a replacement product.
This class definition encompasses at least four different no lemon
guarantees. Each guarantee, like the Plaintiffs', generally
requires a
replacement after more than three repairs in the same year. But the
details of each guarantee include important differences. Those
differences undermine the cohesion of the Plaintiffs' proposed
class.
Warrantech provides service contracts and after-market extended
warranties on automotive and consumer products.
A copy of the Court's opinion and order dated Feb. 29, 2024 is
available from PacerMonitor.com at https://urlcurt.com/u?l=9qslNM
at no extra charge.[CC]
WASHINGTON NEWSPAPER: Pileggi Appeals Ruling in Privacy Suit
------------------------------------------------------------
Plaintiff Nicole Pileggi filed an appeal from the District Court's
Memorandum Opinion and Order dated January 29, 2024 entered in the
lawsuit styled NICOLE PILEGGI, Plaintiff v. WASHINGTON NEWSPAPER
PUBLISHING COMPANY, LLC, Defendant, Case No. 1:23-cv-00345-BAH, in
the United States District Court for the District of Columbia.
The suit is brought to recover damages on behalf of herself and all
similarly situated individuals under the Video Privacy Protection
Act as a result of the Defendant sharing its users' private video
viewing information without obtaining the legally required
consent.
When consumers visit Washington Examiner's website, they can choose
to visit pages with videos they find relevant or interesting and
stream the videos using their internet browsers. These videos
include politically charged content, usually with a conservative
bent. Unbeknownst to the consumers, however, their video viewing is
not private.
In violation of the VPPA, since at least 2020, Washington Examiner
has partnered with Meta Platforms, Inc. and its "Facebook" social
media platform to collect personally identifiable information each
time a consumer views a video on Washington Examiner's website.
As reported in the Class Action Reporter, Chief Judge Beryl A.
Howell entered a Memorandum Opinion and Order on January 29, 2024
dismissing the Plaintiff's amended complaint, without prejudice,
for lack of subject matter jurisdiction and for failure to state a
claim, pursuant to Federal Rules of Civil Procedure 12(b)(1) and
12(b)(6).
By failing to link her newsletter subscription to the viewing of
Washington Examiner's video offerings, or to allege that the
subscription allowed access to the videos on the Washington
Examiner site that any member of the public would not otherwise
have, Judge Howell opined that the Plaintiff has alleged only that
she was a subscriber to Washington Examiner's newsletter, not to
audio-visual goods or services provided by Washington Examiner.
This is insufficient to make the Plaintiff a consumer of goods or
services from a video tape service provider entitled to bring a
cause of action under the VPPA, Judge Howell points out.
The appellate case is captioned as Nicole Pileggi v. Washington
Newspaper Publishing Company, LLC, Case No. 24-7022, in the United
States Court of Appeals for the District of Columbia Circuit, filed
on February 22, 2024.[BN]
Plaintiff-Appellant Nicole Pileggi, individually and on behalf of
others similarly situated, is represented by:
Michael A. Caddell, Esq.
CADDELL & CHAPMAN
628 East 9th Street
Houston, TX 77007
Telephone: (713) 751-0400
Defendant-Appellee Washington Newspaper Publishing Company, LLC is
represented by:
Grace W. Knofczynski Esq.
KELLOGG, HANSEN, TODD, FIGEL & FREDERICK, PLLC
1615 M Street, NW
Sumner Square, Suite 400
Washington, DC 20036-3209
Telephone: (202) 326-7900
WESTERN UNION COMPANY: Subkoff Files Suit in D. Colorado
--------------------------------------------------------
A class action lawsuit has been filed against The Western Union
Company, et al. The case is styled as Daniel Subkoff, individually
and on behalf of all others similarly situated v. The Western Union
Company, Western Union Financial Services Inc., Case No.
1:24-cv-00530-KAS (D. Colo., Feb. 25, 2024).
The nature of suit is stated as Other Personal Property for
Conversion.
The Western Union Company -- https://corporate.westernunion.com/ --
is an American multinational financial services corporation
headquartered in Denver, Colorado.[BN]
The Plaintiff is represented by:
Robert Radulescu, Esq.
ROMANCORE LAW, PC
1818 6th Avenue, Suite 203
San Diego, CA 92101
Phone: (619) 766-2626
Email: robert@romancorelaw.com
WEXFORD HEALTH: Surles Wins Class Status Bid
--------------------------------------------
In the class action lawsuit captioned as LASHANWDA SURLES
Individually and for others similarly situated, v. WEXFORD HEALTH
SOURCES, INC., Case No. 2:22-cv-01376-DSC (W.D. Pa.), the Hon.
Judge David Stewart Cercone will enter an order granting the motion
for conditional certification filed by Lashanwda Surles, pursuant
to section 216(b) of the Fair Labor Standards Act ("FLSA").
In her complaint, the Plaintiff asserts violations of the overtime
provisions of the FLSA and seeks redress on behalf of herself and
all others similarly situated.
Having reviewed Plaintiff's motion in light of the relevant
standard and applicable factors, as well as the supporting case
law, it is clear that she has met her initial burden of
demonstrating that she is similarly situated to a collective of
non-exempt workers who worked for Defendant during the Kronos
outage, the Court says.
Based on these allegations, the Plaintiff's motion seeks
conditional certification of the following FLSA collective:
"All non-exempt employees who worked for, on or behalf of,
Wexford Health Sources, Inc., in the United States at any time
during the Kronos ransomware attack, on or about December 11, 2021,
to the present."
On Dec. 11, 2021, the Defendant was subject to a ransomware attack
which shut down access to its Kronos timekeeping software. As a
result, the Defendant notified its employees that while it resolved
the situation, employees should continue to punch in and out while
also completing a weekly paper timesheet.
Wexford is a healthcare company that provides medical services to
correctional institutions across the country.
A copy of the Court's opinion dated March 1, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=kHbrpD at no extra
charge.[CC]
WHITNEY CONNECTION: Toro Files ADA Suit in S.D. New York
--------------------------------------------------------
A class action lawsuit has been filed against The Whitney
Connection, LLC. The case is styled as Andrew Toro, on behalf of
himself and all others similarly situated v. The Whitney
Connection, LLC, Case No. 1:24-cv-01400 (S.D.N.Y., Feb. 23, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
The Whitney Connection, LLC doing business as Saranoni --
https://saranoni.com/ -- offers Luxury Blankets that are made from
special fabric that is custom knit.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
10826 64th Avenue, Ste. 2nd Floor
Forest Hills, NY 11375
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
WINCO HOLDINGS: Garcia Suit Removed to E.D. California
------------------------------------------------------
The case captioned as Marcy Lynn Garcia, an individual and on
behalf of all others similarly situated v. WINCO HOLDINGS, INC., an
Idaho Corporation; WINCO FOODS, LLC, a Delaware a limited liability
company; WINCO FOODS FOUNDATION, INC., an Idaho corporation; ODEL
HILL, an individual; and DOES 1 through 100, inclusive, Case No.
24ECG00195 was removed from the Superior Court of the State of
California, County of Fresno, to the U.S. District Court for the
Eastern District of California on Feb. 26, 2024, and assigned Case
No. 1:24-at-00164.
The Complaint alleged causes of action for: Failure to Pay Overtime
Wages; Failure to Pay Minimum Wages; Failure to Provide Meal
Periods; Failure to Provide Rest Periods; Waiting Time Penalties;
Wage Statement Violations; Failure to Timely Pay Wages; Failure to
Indemnify; and Unfair Competition.[BN]
The Defendants are represented by:
Kristina M. Launey, Esq.
Phillip J. Ebsworth, Esq.
Michael W. Kopp, Esq.
SEYFARTH SHAW LLP
400 Capitol Mall, Suite 2350
Sacramento, CA 95814-4428
Phone: (916) 448-0159
Facsimile: (916) 558-4839
Email: klauney@seyfarth.com
pebsworth@seyfarth.com
mkopp@seyfarth.com
XL FLEET: $19.MM Class Settlement to be Heard on April 30
---------------------------------------------------------
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Case No. 1:21-cv-02002-JLR
SUMMARY NOTICE OF (I) PENDENCY OF CLASS ACTION, CERTIFICATION OF
SETTLEMENT CLASS, AND PROPOSED SETTLEMENT; (II) SETTLEMENT FAIRNESS
HEARING; AND (III) MOTION FOR AN AWARD OF ATTORNEYS' FEES
AND REIMBURSEMENT OF LITIGATION EXPENSES
TO:
All persons and entities that purchased or otherwise acquired the
publicly traded common stock, units, and/or warrants of XL Fleet
Corp. ("XL Fleet")1 or Pivotal Investment Corporation II
("Pivotal"), purchased or otherwise acquired publicly traded XL
Fleet or Pivotal call options, and/or wrote publicly traded XL
Fleet or Pivotal put options, between September 18, 2020 and March
31, 2021, both dates inclusive, and were allegedly damaged thereby
(the "Settlement Class").
PLEASE READ THIS NOTICE CAREFULLY. YOUR RIGHTS MAY BE AFFECTED BY A
CLASS ACTION LAWSUIT PENDING IN THIS COURT.
YOU ARE HEREBY NOTIFIED, pursuant to Rule 23 of the Federal Rules
of Civil Procedure and an Order of the United States District Court
for the Southern District of New York, that for purposes of
settlement and subject to approval by the Court, the
above-captioned litigation (the "Action") has been certified as a
class action on behalf of the Settlement Class, except for certain
persons and entities who are excluded from the Settlement Class by
definition as set forth in the full Notice of (I) Pendency of Class
Action, Certification of Settlement Class, and Proposed Settlement;
(II) Settlement Fairness Hearing; and (III) Motion for an Award of
Attorneys' Fees and Reimbursement of Litigation Expenses (the
"Notice").
YOU ARE ALSO NOTIFIED that Lead Plaintiffs in the Action have
reached a proposed settlement of the Action for $19,500,000 in cash
(the "Settlement"), that, if approved, will resolve all claims in
the Action.
A hearing will be held on April 30, 2024, at 10:00 a.m., before the
Honorable Jennifer L. Rochon at the United States District Court
for the Southern District of New York, Daniel Patrick Moynihan
United States Courthouse, Courtroom 20B, 500 Pearl Street, New
York, NY 10007, to determine: (i) whether the proposed Settlement
should be approved as fair, reasonable, and adequate; (ii) whether
the Action should be dismissed with prejudice against Defendants,
and the Releases specified and described in the Stipulation (and in
the Notice) should be granted; (iii) whether the proposed Plan of
Allocation should be approved as fair and reasonable; and (iv)
whether Lead Counsel's application for an award of attorneys' fees
and reimbursement of expenses should be approved.
If you are a member of the Settlement Class, your rights may be
affected by the pending Action and the Settlement, and you may be
entitled to share in the Settlement Fund. The Notice and Proof of
Claim and Release Form ("Claim Form") can be downloaded from the
website maintained by the Claims Administrator,
www.XLFleetSecuritiesSettlement.com. You may also obtain copies of
the Notice and Claim Form by contacting the Claims Administrator at
In re XL Fleet Corp. Securities Litigation, c/o A.B. Data, Ltd.,
P.O. Box 173053, Milwaukee, WI 53217, 1-877-829-2940.
If you are a member of the Settlement Class, in order to be
eligible to receive a payment under the proposed Settlement, you
must submit a Claim Form postmarked no later than June 14, 2024.
If you are a Settlement Class Member and do not submit a proper
Claim Form, you will not be eligible to share in the distribution
of the net proceeds of the Settlement, but you will nevertheless be
bound by any judgments or orders entered by the Court in the
Action, including the Releases provided for therein.
If you are a member of the Settlement Class and wish to exclude
yourself from the Settlement Class, you must submit a request for
exclusion such that it is received no later than April 9, 2024, in
accordance with the instructions set forth in the Notice. If you
properly exclude yourself from the Settlement Class, you will not
be bound by any judgments or orders entered by the Court in the
Action and you will not be eligible to share in the proceeds of the
Settlement.
Any objections to the proposed Settlement, the proposed Plan of
Allocation, or Lead Counsel's motion for attorneys' fees and
reimbursement of expenses, must be filed with the Court and
delivered to Lead Counsel and Defendants' Counsel such that they
are received no later than April 9, 2024, in accordance with the
instructions set forth in the Notice.
Please do not contact the Court, the Clerk's office, Defendants, or
Defendants' counsel regarding this notice. All questions about
this notice, the proposed Settlement, or your eligibility to
participate in the Settlement should be directed to Lead Counsel or
the Claims Administrator.
Inquiries, other than requests for the Notice and Claim Form,
should be made to Lead Counsel:
GLANCY PRONGAY & MURRAY LLP
Garth A. Spencer, Esq.
1925 Century Park East, Suite 2100
Los Angeles, CA 90067
(310) 201-9150
settlements@glancylaw.com
Requests for the Notice and Claim Form should be made to:
In re XL Fleet Corp. Securities Litigation
c/o A.B. Data, Ltd.
P.O. Box 173053
Milwaukee, WI 53217
877-829-2940
www.XLFleetSecuritiesSettlement.com
By Order of the Court
1 XL Fleet is now known as Spruce Power Holding Corporation.
2 All capitalized terms used in this Summary Notice that are not
otherwise defined herein have the meanings ascribed to them in the
Stipulation and Agreement of Settlement dated December 6, 2023 (the
"Stipulation"), which is available at
www.XLFleetSecuritiesSettlement.com.
ZUFFA LLC: Plaintiffs in Le Suit Seek to Preclude Evidence
----------------------------------------------------------
In the class action lawsuit captioned as Cung Le, Nathan Quarry,
Jon Fitch, Brandon Vera, Luis Javier Vazquez, and Kyle Kingsbury,
on behalf of themselves and all others similarly situated, v.
Zuffa, LLC, d/b/a Ultimate Fighting Championship and UFC, Case No.
2:15-cv-01045-RFB-BNW (D. Nev.), the Plaintiffs ask the Court
granting motion in Limine to preclude evidence of or reference to
government investigations or inaction.
Specifically, the Plaintiffs believe that Zuffa may attempt to
introduce evidence regarding or referencing the Federal Trade
Commission's commencement and closure of two investigations of
Zuffa: one in 2012, in connection with Zuffa's acquisition of
Strikeforce; and one in 2015, in connection with Zuffa's
contracting practices.
Any reference to or evidence of these FTC investigations should be
excluded pursuant to Fed. R. Evid. 403, "as the risk of prejudice
substantially outweighs any probative value."
The risk of unfair prejudice is particularly acute here, as the FTC
investigations at issue encompassed only individual component parts
of the anti-competitive Scheme alleged by the Plaintiffs.
The FTC investigated Zuffa's 2011 acquisition of Strikeforce but
did not consider it in the context of the other acquisitions,
long-term exclusive contracts, and coercion that comprised the
anti-competitive Scheme. Similarly, the FTC investigated Zuffa's
contracting practices in 2015, but not in conjunction with the
acquisitions and coercion that, along with Zuffa's contracting
practices, comprised the
Scheme. As this Court has already determined, the alleged Scheme
should be considered as a whole, rather than broken down into its
component parts.
The closure of these FTC investigations does not constitute
relevant evidence that Zuffa did not engage in the unlawful
anti-competitive Scheme alleged in this case.
Zuffa was an American sports promotion company specializing in
mixed martial arts.
A copy of the Plaintiff's motion dated Feb. 29, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=eYghxK at no extra
charge.[CC]
The Plaintiffs are represented by:
Joseph R. Saveri, Esq.
Kevin E. Rayhill, Esq.
Christopher Young, Esq.
Itak Moradi, Esq.
JOSEPH SAVERI LAW FIRM, LLP
601 California St., Suite 1000
San Francisco, CA 94108
Telephone: (415) 500-6800
Facsimile: (415) 395-9940
E-mail: jsaveri@saverilawfirm.com
krayhill@saverilawfirm.com
cyoung@saverilawfirm.com
imoradi@saverilawfirm.com
- and -
Eric L. Cramer
Michael C. Dell'Angelo
Patrick F. Madden
Ellen T. Noteware
Najah Jacobs
Joshua P. Davis
BERGER MONTAGUE PC
1818 Market St., Suite 3600
Philadelphia, PA 19103
Telephone: (215) 875-3000
E-mail: ecramer@bm.net
mdellangelo@bm.net
pmadden@bm.net
enoteware@bm.net
njacobs@bm.net
jdavis@bm.net
- and -
Richard A. Koffman
Benjamin Brown
Daniel Silverman
Daniel L. Gifford
COHEN MILSTEIN SELLERS & TOLL, PLLC
1100 New York Ave., N.W., Suite 500 East, Tower
Washington, DC 20005
Telephone: (202) 408-4600
Facsimile: (202) 408-4699
E-mail: rkoffman@cohenmilstein.com
bbrown@cohenmilstein.com
dsilverman@cohenmilstein.com
dgifford@cohenmilstein.com
- and -
Don Springmeyer
KEMP JONES, LLP
3800 Howard Hughes Parkway, 17th Floor
Las Vegas, NV 89169
Telephone: (702) 385-6000
Facsimile: (702) 385-6001
E-mail: dspringmeyer@kempjones.com
- and -
Robert C. Maysey
Jerome K. Elwell
WARNER ANGLE HALLAM JACKSON &
FORMANEK PLC
2555 E. Camelback Road, Suite 800
Phoenix, AZ 85016
Telephone: (602) 264-7101
Facsimile: (602) 234-0419
E-mail: rmaysey@warnerangle.com
jelwell@warnerangle.com
- and -
Crane M. Pomerantz
CLARK HILL PLC
1700 Pavilion Center Dr., Suite 500
Las Vegas, NV 89135
Telephone: (702) 697-7545
E-mail: cpomerantz@clarkhill.com
*********
S U B S C R I P T I O N I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
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Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L.
Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors.
Copyright 2024. All rights reserved. ISSN 1525-2272.
This material is copyrighted and any commercial use, resale or
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Information contained herein is obtained from sources believed to
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