/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/240327.mbx C L A S S A C T I O N R E P O R T E R Wednesday, March 27, 2024, Vol. 26, No. 63 Headlines AUTOMATIC DATA: Bid to Extend Class Cert Response in Kiani Granted CALLON PETROLEUM: Durling Sues Over Breach of Fiduciary Duties CHANGE HEALTHCARE: Fails to Protect Personal Info, Stump Says COLEMAN PROFESSIONAL: Walker Sues Over Unprotected Health Info COLTER ENERGY: Zaarour Sues Over Unpaid Wages COMMUNITY MOBILE: Wilder Sues Over Nasal Swabbers' Unpaid Wages CONTINENTAL AKTIENGESELLSCHAFT: Stephan Alleges Tire Price Fixing DEL MONTE: Class Certification Bid in Vlacich Suit Due August 30 FRIGID FLUID: Robinson Seeks to Recover Operators' Proper Wages GENERAL MOTORS: Approval of Proposed Class Notice Granted in Part GOYA FOODS: Bid to Certify Class in Mejias Terminated w/o Prejudice GPB AUTOMOTIVE PORTFOLIO: Deluca Class Suit Discovery Ongoing GPB AUTOMOTIVE: Continues to Defend Consolidated Class Suit in NY GPB AUTOMOTIVE: Continues to Defend Consolidated Kinnie Ma Suit HOLLEY INC: Court Appoints Retirement System as Lead Plaintiff HOMEWORKS ENERGY: Renewed Bid for Class Cert. Filing Due July 22 HOMOLOGY MEDICINES: Bid to Dismiss Pizzuto Suit Pending HOMOLOGY MEDICINES: Continues to Defend Welsh Class Suit HUDSON EXCESS: Pretrial Management Order Entered in Travelers HYATT CORP: Class Action & PAGA Settlement Gets Initial Nod IDAHO: Rossow Seeks to Extend Deadlines for Class Cert Bid INDIAN HILL: Filing for Class Cert Bid in R.L.K. Extended to May 6 JDC HEALTHCARE: Class Cert Bid Response Extended to April 12 JOHNSON & JOHNSON: Appeals Cert. Ruling in Hall Securities Suit JP WHITE: Hong Suit Seeks Class Certification Bid Conference KROGER CO: Seeks to Permanently Seal Portions of Class Cert Bid LATTER & BLUM: Peiffer Sues Over Real Estate Market Conspiracy LIGHTFIRE PARTNERS: Alley Must File Reply to Response by April 5 LONG BEACH, NY: Class Cert Bid Filing Extended LONG BEACH, NY: Class Cert Briefing Sched Extended in Guma LYONS MAGNUS: Final Approval of Class Settlement Sought in Catalano MARRIOTT INT'L: Hall Seeks Reconsideration of Class Cert Denial MARS PETCARE: Plaintiffs' Bids to Seal Granted in Part MARTINEZ REFINING: Court Amends Scheduling Order in Piscitelli MDL 3083: MoveIt Data Breach Suits Transferred to D. Mass. MYTHICAL VENTURE: Hall Seeks More Time to File Class Cert Bid NEW YORK PAVING: Bid for Reconsideration Denied in Diaz Class Suit NORTHERN TRUST: Court Extends ADR Deadline Until August 1 NORTHERN TRUST: Parties Seek to Modify Class Cert. Briefing NVIDIA CORP: Tobias Suit Seeks to Certify Plan Participant Class OXY USA: Rider Seeks to Certify Class of Stevens Suit Participants PELICIA HALL: Allowed to File Exhibit Under Seal in Alexander PENNEY OPCO: Filing for Class Cert Bid in Atkinson Due Nov. 15 PEPPERDINE UNIVERSITY: Court Amends Class Certification Order PINNACLE TOO: Plaintiffs Class Cert Reply Extended to March 28 PJ OPERATIONS: Crook FLSA Conditional Cert. Bid Granted in Part POLARIS INDUSTRIES: Court OK's Class Cert Notice in Guzman Lawsuit POLICYGENIUS LLC: Bid for Class Cert. in Torres Suit Due August 2 PROCTER & GAMBLE: Mannings Suit Removed to C.D. California PROGRESS SOFTWARE: Rehm Suit Transferred to D. Massachusetts PROGRESSIVE DIRECT: Watson Must File Class Cert Reply by April 15 PROGRESSIVE DIRECT: Watson Seeks More Time to File Class Cert Reply QUALITY TEMPORARY: Class Settlement in Lockridge Gets Initial Nod RB ROYAL: Conditional Certification Deadline in Bohnert Extended REALNETWORKS INC: Strougo Sues Over Misleading Proxy Statements RENTGROW INC: Portions of Summary Judgment Must be Sealed RICKEYO CONSTRUCTION: Class Cert Notice Granted in Part ROCKET CO: Shupe Bid to Seal Class Certification Reply OK'd SBS TRANSPORT: Stokes Must Prove Why Case Shouldn't Be Dismissed SCISSORTAIL ENERGY: Dinsmore Suit Seeks to Certify Settlement Class SEAWORLD PARKS: Plaintiffs' Bid for Leave to Amend Granted in Part SELECT REHAB: Class Cert. Filing in McLauglin Extended to May 17 SERGEANT THOMAS: Stoudemire Files Suit in D. South Carolina SHEARER'S FOODS: Moore Conditional Cert. Bid OK'd SPERO THERAPEUTICS: Bid to Dismiss Germond & Memon Suit Pending STALLION EXPRESS: McCatty Class Suit Seeks Conditional Class Cert. STATE FARM: Bid for Class Certification in Gulick Due April 26 T.L. CANNON: Must File Application Regarding Sealing of Exhibits TARGET CORP: Continues to Defend Federal Securities Class Suit TIOGA DOWNS: Final Approval of Class Settlement Sought in Potter TRANSAMERICA LIFE: Wollam Loses Bid for Class Certification TULANE UNIVERSITY: Must Oppose Jones Class Cert Bid by April 16 TULANE UNIVERSITY: Parties Seek to Modify Case Management Schedule TURTLE BEACH: To File Defense Statement Complaint on April 30 UNION PACIFIC: Court Narrows Claims in Cushman Suit UNITED BEHAVIORAL: Considers Sealing of Docs in Class Suit UNITED STATES: Bid to Certify Class Withdrawn w/o Prejudice UNITED STATES: Davis Files Suit in U.S. Ct. of Fed. Cl. UNITED STATES: Parties Must Explain Why Discovery Should Be Open UNITED STATES: Parties Seek to Dismiss Class Suit w/o Prejudice UNIVERSAL LOGISTICS: Bid to Certify Class of L2L Drivers Tossed UPFIELD US: Court Concludes All Discovery in Clemmons Action US PREMIUM BEEF: NBP Continues to Defend Brown Class Suit VALLEY FIRST: Class Settlement in Ayala Gets Final Nod VERIZON NEW ENGLAND: Court Narrows Claims in Urella Suit VISION PATH: Bid for Class Cert. Briefing Schedule Continuance OK'd WALGREEN CO: Bargetto Seeks to Seal Class Certification Documents WALGREEN CO: Bargetto Suit Seeks to Certify Bag Purchaser Class WALMART INC: Rector Suit Removed to D. Columbia WASHINGTON: Sterling Appeals Reconsideration Order to 9th Circuit WELLS FARGO: Young Sues Over Deceptive Trade Practices WHITESTONE HOME: All Fact Discovery in Wilson Suit Due Dec. 18 WINNER INTERNATIONAL: Liz Files ADA Suit in S.D. New York WORLD LINK: Faces Romero Wage-and-Hour Suit in Cal. Super. XAVIER BECERRA: Lucas Seeks to Modify Class Certification Order ZILLOW GROUP: Jaeger Suit Seeks to Certify Stock Purchaser Class [^] Darrow Sponsors 8th Annual Class Action Conference [^] Davis Wright Sponsors 8th Annual Class Action Conference ********* AUTOMATIC DATA: Bid to Extend Class Cert Response in Kiani Granted ------------------------------------------------------------------ In the class action lawsuit captioned as Amir Kiani, et al., v. Automatic Data Processing Incorporated, Case No. 4:23-cv-00508-BGM (D. Ariz.), the Hon. Judge Bruce Macdonald entered an order granting the Defendant's first unopposed motion to extend Defendant/Counterclaimant ADP, Inc.'s deadline to respond to the Plaintiffs' motion to conditionally certify a collective action. The Court further orders that the Defendant shall have up to and including March 29, 2024 to file its response to the Plaintiffs' motion for class certification. Automatic Data is an American provider of human resources management software and services. A copy of the Court's order dated March 11, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=F4PYl2 at no extra charge.[CC] CALLON PETROLEUM: Durling Sues Over Breach of Fiduciary Duties -------------------------------------------------------------- WILLIAM DURLING, individually and on behalf of all others similarly situated, Plaintiff v. CALLON PETROLEUM COMPANY, JOSEPH C. GATTO, MATTHEW R. BOB, FRANCES ALDRICH SEVILLA-SACASA, BARBARA FAULKENBERRY, ANTHONY J. NOCCHIERO, MARY SHAFER-MALICKI, STEVEN A. WEBSTER, and JAMES E. CRADDOCK, Defendants, Case No. 2024-0203 (Del. Ch., March 4, 2024) is a verified class action complaint brought by the Plaintiff, on behalf of himself and all other similarly situated public stockholders of Callon Petroleum Company, against the members of the board of directors of Callon for breaching their fiduciary duties under the Delaware law. The Plaintiffs' claims arise in connection with the solicitation of Callon's public stockholders to, inter alia, vote in favor of a transaction pursuant to which Callon will merge into an affiliate of APA Corporation. In connection with the proposed merger, each share of Callon common stock will be exchanged for a fixed ratio of 1.0425 shares of APA Common Stock, which offers no premium -- and in fact a negative premium -- to Callon stockholders. On February 16, 2024, to solicit Callon stockholders to vote for the Merger at a special meeting to be held on March 27, 2024, Defendants caused the Definitive Proxy Statement on Schedule 14A to be filed by Callon with the Securities and Exchange Commission under Section 14(a) of the Securities Exchange Act of 1934 and mailed to its shareholders. According to the complaint, the Proxy omitted material facts necessary for Callon stockholders to cast informed votes at the Special Meeting with respect to the Merger, including without limitation, failing to disclose: (i) the premium to the closing price of Callon Common Stock on December 20, 2023, December 27, 2023, and January 2, 2024, implied by the exchange ratio proposed by a rival bidder, Company D, which Company D reaffirmed on those dates; (ii) the basis for the tripling in the projected annual synergies from the Merger from the $50 million in annual synergies projected by APA in its proposal dated December 26, 2023, to the $150 million in annual synergies projected in the Proxy as a factor supporting approval of the Merger; and (iii) the compensation and potential conflicts of RBC Capital Markets, LLC in its capacity as financial advisor to the Board. Callon Petroleum Company is an independent oil and natural gas company that focuses on the acquisition, exploration, and development of oil and natural gas properties in the Permian Basin in West Texas.[BN] The Plaintiff is represented by: Blake A. Bennett, Esq. COOCH AND TAYLOR, P.A. 1000 N. West St., Suite 1500 Wilmington, DE 19801 Telephone: (302) 984-388 - and - Juan E. Monteverde, Esq. MONTEVERDE & ASSOCIATES PC The Empire State Building 350 Fifth Avenue, Suite 4740 New York, NY 10118 - and - Joshua E. Fruchter, Esq. WOHL & FRUCHTER LLP 25 Robert Pitt Drive Suite 209G Monsey, NY 10952 CHANGE HEALTHCARE: Fails to Protect Personal Info, Stump Says ------------------------------------------------------------- Jennifer Stump, individually and on behalf of all others similarly situated, Plaintiff v. Change Healthcare, Inc., Defendant, Case No. 3:24-cv-00255 (M.D. Tenn., March 5, 2024) is a class action arising from the recent cyberattack and data breach resulting from Change's failure to implement reasonable and industry standard data security practices. According to the complaint, the Plaintiff's and Class Members' sensitive personal information -- which they entrusted to Defendant on the mutual understanding that Defendant would protect it against disclosure -- was compromised and unlawfully accessed due to the data breach. The private information compromised in the data breach included Plaintiff's and Class Members' "personally identifiable information" and medical information, which is protected health information, as defined by the Health Insurance Portability and Accountability Act of 1996. As a result of the Data Breach, Plaintiff and Class Members have been exposed to a heightened and imminent risk of fraud and identity theft. The Plaintiff and Class Members must now and in the future closely monitor their financial accounts to guard against identity theft, says the suit. Change Healthcare, Inc. is a healthcare company that provides payment and revenue cycle services, clinical and imaging services, and other services to its clients.[BN] The Plaintiff is represented by: J. Gerard Stranch, IV, Esq. Michael Iadevaia, Esq. Emily Schiller, Esq. STRANCH, JENNINGS & GARVEY, PLLC 223 Rosa L. Parks Avenue, Suite 200 Nashville, TN 37203 Telephone: (615) 254-8801 E-mail: gstranch@stranchlaw.com miadevaia@stranchlaw.com eschiller@stranchlaw.com - and - Lynn A. Toops, Esq. COHEN & MALAD, LLP One Indiana Square, Suite 1400 Indianapolis, IN 46204 Telephone: (317) 636-6481 E-mail: ltoops@cohenandmalad.com - and - Samuel J. Strauss, Esq. Raina Borrelli, Esq. TURKE & STRAUSS LLP 613 Williamson Street, Suite 201  Madison, WI 53703  Telephone: (608) 237-1775  Facsimile: (608) 509-4423  E-mail: sam@turkestrauss.com   raina@turkestrauss.com COLEMAN PROFESSIONAL: Walker Sues Over Unprotected Health Info -------------------------------------------------------------- SARAH WALKER, as Next Friend of I.W., a Minor, on behalf of themself and all others similarly situated, Plaintiff v. COLEMAN PROFESSIONAL SERVICES, INC., Defendant, Case No. 5:24-cv-00419 (N.D. Ohio, March 5, 2024) seeks monetary damages and injunctive and declaratory relief arising from Defendant's failure to safeguard the personally identifiable information and protected health information of its patients, which resulted in unauthorized access to its information systems between September 18, 2023, and October 31, 2023, and the compromised and unauthorized disclosure of that private information, causing widespread injury and damages to Plaintiff and the proposed members. Defendant Coleman detected unusual activity in its computer systems and ultimately determined that an unauthorized third party accessed its employees' email accounts and obtained certain files contained within between September 18, 2023, and October 31, 2023. As a result of the data breach, which Coleman failed to prevent, the private information of Defendant's patients, including Plaintiff and the proposed Class members, were stolen, including their name, treatment/diagnosis information, patient identification numbers, and health insurance/payment information, says the suit. On behalf of themself and the Class, the Plaintiff brings causes of action against Defendant for negligence, negligence per se, breach of fiduciary duty, and breach of implied contract, seeking an award of monetary damages and injunctive and declaratory relief, resulting from Defendant's failure to adequately protect their highly sensitive private information, the suit alleges. Coleman Professional Services, Inc., is a nonprofit community behavioral health agency, incorporated in Ohio.[BN] The Plaintiff is represented by: Andrew J. Shamis, Esq. SHAMIS & GENTILE P.A. 14 NE 1st Ave., Suite 705 Miami, FL 33132 Telephone: (305) 479-2299 E-mail: ashamis@shamisgentile.com COLTER ENERGY: Zaarour Sues Over Unpaid Wages --------------------------------------------- ADHAM ZAAROUR, individually and on behalf of others similarly situated, Plaintiff v. COLTER ENERGY SERVICES USA INC., Defendant, Case No. 2:24-cv-00443 (D. Nev., March 5, 2024) is a collective action to recover Plaintiff's unpaid overtime wages, liquidated damages, and attorneys' fees and costs due and owing against Defendant under the Fair Labor Standards Act. According to the complaint, Zaarour and the Putative Collective Members regularly work over 40 hours per week for Colter, but are not paid for all the hours they work each week at the appropriate overtime rate of pay. Plaintiff Zaarour has been employed by Colter as a night supervisor/night operator since approximately October 2018. Colter Energy Services USA Inc. provides services in the oil and gas industry, including production testing, fracking services, and others, in various states, including Colorado, Wyoming, North Dakota, Ohio, Pennsylvania, and West Virginia.[BN] The Plaintiff is represented by: Esther C. Rodriguez, Esq. RODRIGUEZ LAW OFFICES, P.C. 10161 Park Run Drive, Suite 150 Las Vegas, NV 89145 Telephone: (702) 320-8400 Facsimile: (702) 320-8401 E-mail: esther@rodriguezlaw.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 - and - Michael A. Josephson, Esq. Andrew W. Dunlap, Esq. William M. Hogg, Esq. JOSEPHSON DUNLAP LLP 11 Greenway Plaza, Suite 3050 Houston, TX 77046 Telephone: (713) 352-1100 Facsimile: (713) 352-3300 E-mail: mjosephson@mybackwages.com adunlap@mybackwages.com whogg@mybackwages.com COMMUNITY MOBILE: Wilder Sues Over Nasal Swabbers' Unpaid Wages --------------------------------------------------------------- JIHAN WILDER, individually and on behalf of all others similarly situated, Plaintiff v. COMMUNITY MOBILE TESTING, INC., and LABQ DIAGNOSTICS, LLC, Defendants, Case No. 1:24-cv-01665 (S.D.N.Y., March 5, 2024) seeks to recover overtime wages, agreed upon wages, and underpayment caused by untimely wage payments and other damages for Plaintiff and similarly situated under the Fair Labor Standards Act and the New York Labor Law, and to recover damages for discrimination based upon creed/religion retaliation under the New York City Human Rights Law. Plaintiff Wilder was employed by Defendants as a nasal swabber, an Hourly Worker, in Manhattan, New York earning approximately $19.00 per hour from in or around January 2022 through May 2022. Community Mobile Testing, Inc. is a medical facility handling COVID vaccines.[BN] The Plaintiff is represented by: Brian S. Schaffer, Esq. Frank J. Mazzaferro, Esq. FITAPELLI & SCHAFFER, LLP 28 Liberty Street, 30th Floor New York, NY 10005 Telephone: (212) 300-0375 CONTINENTAL AKTIENGESELLSCHAFT: Stephan Alleges Tire Price Fixing ----------------------------------------------------------------- NANCY STEPHAN, on behalf of herself and all others similarly situated, Plaintiff v. CONTINENTAL AKTIENGESELLSCHAFT; CONTINENTAL TIRE THE AMERICAS, LLC; COMPAGNIE GENERALE DES ETABLISSEMENTS MICHELIN; MICHELIN NORTH AMERICA, INC.; NOKIAN TYRES PLC; NOKIAN TYRES INC; NOKIAN TYRES U.S. OPERATIONS LLC; THE GOODYEAR TIRE & RUBBER COMPANY; PIRELLI & C. S.P.A.; PIRELLI TIRE LLC; BRIDGESTONE CORPORATION; BRIDGESTONE AMERICAS, INC.; and DOES 1-100, Defendants, Case No. 5:24-cv-00408 (N.D. Ohio, March 4, 2024) is a class action for damages and injunctive relief against Defendants for violations of Sections 1 and 3 of the Sherman Act and for unjust enrichment. This case arises from a conspiracy among the largest tire manufacturers in the world to fix the prices of new replacement tires for passenger cars, vans, trucks and buses sold in the United States. The Defendants' anticompetitive and unlawful conduct has proximately caused injury to Plaintiff and members of the Class by restraining competition and thereby raising, maintaining and/or stabilizing the price of Tires at levels above the prices that would have prevailed in a competitive market, says the suit. Plaintiff Stephan purchased Tires directly from Defendant Bridgestone during the Class Period and allegedly paid an artificially high price for her Tires. Continental Aktiengesellschaft is headquartered in Germany and has four group sectors: Automotive, Tires, ContiTech, and Contract Manufacturing.[BN] The Plaintiff is represented by: Walter W. Noss, Esq. Christopher M. Burke, Esq. Yifan (Kate) Lv, Esq. KOREIN TILLERY P.C. 707 Broadway, Suite 1410 San Diego, CA 92101 Telephone: (619) 625-5620 Facsimile: (314) 241-3525 E-mail: wnoss@koreintillery.com cburke@koreintillery.com klv@koreintillery.com - and - Vincent Briganti, Esq. Raymond Girnys, Esq. Roland St. Louis, Esq. Nicole A. Veno, Esq. Claire Noelle Forde, Esq. LOWEY DANNENBERG, P.C. 44 South Broadway, Suite 1100 White Plains, NY 10601 Telephone: (914) 997-0500 Facsimile: (914) 997-0035 E-mail: vbriganti@lowey.com rgirnys@lowey.com rstlouis@lowey.com nveno@lowey.com nforde@lowey.com DEL MONTE: Class Certification Bid in Vlacich Suit Due August 30 ---------------------------------------------------------------- In the class action lawsuit captioned as Jennifer Vlacich, Brenda Robert, Elena Nacarino, Ana Krstic, Christina Vink, Lora Grodnick, Lisa Malara, and Teena Stambaugh, individually and on behalf of all others similarly situated, v. Del Monte Foods, Inc., Foods, Inc., Case No. 4:22-cv-00892-JST (N.D. Cal.), the Hon. Judge Jon Tigar entered an order approving joint stipulation to reset class certification schedule as follows: Event Deadline Class certification motion and Aug. 30, 2024 Plaintiffs' class certification expert disclosures due Class certification opposition and Oct. 30, 2024 Defendants' class certification expert disclosures due Class certification expert discovery Nov. 21, 2024 cut-off Class certification reply due Dec. 5, 2024 Del Monte is an American food production and distribution company. A copy of the Court's order dated March 12, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=F61h0Z at no extra charge.[CC] The Plaintiffs are represented by: Jonas B. Jacobson, Esq. Simon Franzini, Esq. DOVEL & LUNER, LLP 201 Santa Monica Blvd., Suite 600 Santa Monica, CA 90401 Telephone: (310) 656-7066 Facsimile: (310) 656-7069 E-mail: jonas@dovel.com simon@dovel.com - and - Zack Broslavsky, Esq. BROSLAVSKY & WEINMAN, LLP 1500 Rosecrans Ave, Suite 500 Manhattan Beach, CA 90266 Telephone: (310) 575-2550 Facsimile: (310) 464-3550 E-mail: zbroslavsky@bwcounsel.com The Defendant is represented by: Erik K. Swanholt, Esq. Kelsey C. Boehm, Esq. FOLEY & LARDNER LLP 555 South Flower Street, Suite 3300 Los Angeles, CA 90071-2418 Telephone: (213) 972-4500 Facsimile: (213) 486-0065 E-mail: eswanholt@foley.com kboehm@foley.com FRIGID FLUID: Robinson Seeks to Recover Operators' Proper Wages --------------------------------------------------------------- BRENTON ROBINSON, on behalf of himself and all others similarly situated, Plaintiff v. FRIGID FLUID COMPANY, INC., Defendant, Case No. 1:24-cv-01829 (N.D. Ill., March 4, 2024) seeks relief under the Fair Labor Standards Act, Illinois' Minimum Wage Law, and Illinois' Wage Payment and Collection Act for unpaid overtime compensation, unpaid straight time (regular) and/or agreed upon wages, liquidated damages, attorneys' fees, declaratory and/or injunctive relief, and/or any such other relief the Court may deem appropriate. According to the complaint, the Defendant operated an unlawful compensation system that deprived and failed to compensate Plaintiff and all other current and former hourly-paid, non-exempt employees for all hours worked and work performed each workweek, including at an overtime rate of pay for each hour worked in excess of 40 hours in a workweek, by shaving time (via timeclock rounding) from Plaintiff's and all other hourly-paid, non-exempt employees' weekly timesheets for pre-shift and post-shift hours worked and/or work performed, to the detriment of said employees and to the benefit of Defendant. The Plaintiff was employed by the Defendant as an hourly-paid, non-exempt employee in the position of Operator working at Defendant's Northlake, Illinois location from January 2023 to November 2023. Frigid Fluid Company, Inc. is an embalming fluid manufacturer doing business in the State of Illinois.[BN] The Plaintiff is represented by: James A. Walcheske, Esq. Scott S. Luzi, Esq. David M. Potteiger, Esq. WALCHESKE & LUZI, LLC 125 S. Wacker Drive, Suite 300 Chicago, IL 60606 Telephone: (224) 698-2630 Facsimile: (262) 565-6469 E-mail: jwalcheske@walcheskeluzi.com sluzi@walcheskeluzi.com dpotteiger@walcheskeluzi.com GENERAL MOTORS: Approval of Proposed Class Notice Granted in Part ----------------------------------------------------------------- In the class action lawsuit captioned as RILLA JEFFERSON, on behalf of herself and all others similarly situated, v. GENERAL MOTORS, LLC, Case No. 2:20-cv-02576-JPM-tmp (W.D. Tenn.), the Hon. Judge Jon McCalla entered an order granting in part and denying in part the Plaintiff's motion for approval of proposed class notice and notice Plan. The Plaintiff's motion is granted as to the Notice and Notice Plan but denied as to the request to order Defendant to produce additional Class Member information. The Defendant's renewed request for a stay is denied. The Court also amends the Third Amended Schedule as follows: 1. The joint proposed pretrial order, proposed verdict form, proposed jury instructions, proposed voir dire questions, and motions in limine are due by no later than 4:30 p.m. on Sept. 13, 2024. 2. A pretrial conference is set for Friday, Oct. 4, 2024 at 9:30 a.m. 3. The jury trial in this matter, which is anticipated to last 7–10 days, is set to begin on Oct. 21, 2024 at 9:30 a.m. in a courtroom to be designated by the District Court courtroom sharing plan. The Plaintiff alleges that she began to experience a Shift-to-Park ("STP") defect shortly after she purchased the subject vehicle. The Plaintiff asserts that GM "is well aware of the [STP] defect." She describes the defect as "a safety risk" as it can drain a car battery. The Plaintiff brings claims for breach of contract, breach of express warranty, and breach of the Magnuson-Moss Warranty Act. On May 11, 2023, the Court granted the Plaintiff's motion to certify class. The Court defined the class as follows: "Initial purchasers and lessees of new class vehicles, 2017-18 GMC Acadias, who purchased or leased their vehicles in Tennessee and who: (1) experienced the STP condition during the warranty term; (2) sought a repair for the STP condition from a GM dealer during the warranty term; and (3) were not provided a redesigned silicon-free part free at no cost during the warranty term. The Plaintiff purchased a new 2017 GMC Acadia for $30,270 from Sunrise Buick in Bartlett, Tennessee on October 25, 2017. The Subject Vehicle was sold with GM's "New Vehicle Limited Warranty," providing "repair and replace" coverage for 3 years or 36,000 miles, whichever comes first. General Motors markets, manufactures, sells, and provides a limited warranty for motor vehicles, including the GMC Acadia. A copy of the Court's order dated March 13, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=67CzzO at no extra charge.[CC] GOYA FOODS: Bid to Certify Class in Mejias Terminated w/o Prejudice ------------------------------------------------------------------- In the class action lawsuit captioned as MEJIAS et al v. GOYA FOODS, INC. et al., Case No. 2:20-cv-12365 (D.N.J., Filed Sept. 4, 2020), the Hon. Judge Brian R. Martinotti entered an order terminating the motion to certify class administratively terminated without prejudice. In the event the matter does not resolve, the plaintiff may ask the court to reopen the motion. The nature of suit other labor litigation.[CC] GPB AUTOMOTIVE PORTFOLIO: Deluca Class Suit Discovery Ongoing ------------------------------------------------------------- GPB Automotive Portfolio LP disclosed in its Form 10-K Report for the fiscal period ending December 31, 2024 filed with the Securities and Exchange Commission on March 11, 2024, that discovery is ongoing for Deluca class suit in the United States District Court for the Southern District of New York. In November 2019, plaintiffs filed a putative class action complaint in the United States District Court for the Southern District of New York against GPB, GPB Holdings II, LP, the Partnership, David Gentile, Jeffery Lash, AAS, Axiom, Jeffry Schneider, Mark Martino, and Ascendant. The Complaint alleges fraud and material omissions and misrepresentations to induce investment and losses in excess of $1.27 billion. The plaintiffs are seeking disgorgement, compensatory, consequential, and general damages; disgorgement; rescission; restitution; punitive damages; and the establishment of a constructive trust. While the parties to the action stipulated in 2021 to stay this action pending resolution of the criminal case against defendants David Gentile and Jeffry Schneider, the Court nevertheless ordered the stay lifted as to the so-called "Auditor Defendants" in January 2023. In September 2023, the Court denied a motion by the Auditor Defendants to stay the case, and instead has directed that certain discovery continue in the case. Any potential losses associated with this matter cannot be estimated at this time. GPB Capital Holdings, LLC, a Delaware limited liability company and registered investment adviser, is the Partnership's General Partner pursuant to the terms of the Fifth Amended and Restated Agreement of Limited Partnership, pursuant of which, GPB conducts and manages its businesses. It owned and operated multiple retail automotive dealerships, including in most cases their related real estate. GPB AUTOMOTIVE: Continues to Defend Consolidated Class Suit in NY ----------------------------------------------------------------- GPB Automotive Portfolio LP disclosed in its Form 10-K Report for the fiscal period ending December 31, 2024 filed with the Securities and Exchange Commission on March 11, 2024, that the Company continues to defend itself from consolidated class suit in New York Supreme Court. In May 2020, plaintiffs filed a consolidated class action complaint in New York Supreme Court, New York County against GPB, GPB Holdings, GPB Holdings II, GPB Holdings III, the Partnership, GPB Cold Storage, GPB Waste Management, David Gentile, Jeffrey Lash, Macrina Kgil, a/k/a Minchung Kgil, William Edward Jacoby, Scott Naugle, Jeffry Schneider, AAS, Ascendant, and Axiom Capital Management. The Complaint alleges, among other things, that the offering documents for certain GPB-managed funds, include material misstatements and omissions. The plaintiffs are seeking disgorgement, unspecified damages, and other equitable relief. Any potential losses associated with this matter cannot be estimated at this time. GPB Capital Holdings, LLC, a Delaware limited liability company and registered investment adviser, is the Partnership's General Partner pursuant to the terms of the Fifth Amended and Restated Agreement of Limited Partnership, pursuant of which, GPB conducts and manages its businesses. It owned and operated multiple retail automotive dealerships, including in most cases their related real estate. GPB AUTOMOTIVE: Continues to Defend Consolidated Kinnie Ma Suit --------------------------------------------------------------- GPB Automotive Portfolio LP disclosed in its Form 10-K Report for the fiscal period ending December 31, 2024 filed with the Securities and Exchange Commission on March 11, 2024, that the Company continues to defend itself from consolidated Kinnie Ma Individual Retirement Account class suit in the United States District Court for the Western District of Texas. In October 2019, plaintiffs filed a putative class action in the United States District Court for the Western District of Texas against GPB, certain GPB-managed limited partnerships, including the Partnership, for which GPB is the General Partner, AAS, and Ascendant, as well as certain principals of the GPB-managed limited partnerships, auditors, broker-dealers, a fund administrator, and other individuals. The Complaint alleges violations and/or aiding and abetting violations of the Texas Securities Act, fraud, substantial assistance in the commission of fraud, breach of fiduciary duty, substantial assistance in breach of fiduciary duty, and negligence. Plaintiffs allege losses in excess of $1.8 billion and are seeking compensatory damages in an unspecified amount, rescission, fees and costs, and class certification. Any potential losses associated with this matter cannot be estimated at this time. On June 1, 2022, the Western District of Texas Court consolidated this matter with Barasch v. GPB Capital, et al. (19-cv-01079); only the Kinnie Ma case continues, including the claims at issue in the Barasch v. GPB Capital matter and Loretta Dehay (as described below), which were consolidated under the Kinnie Ma docket number. On June 23, 2022, the Court denied Defendants David Gentile and Jeffry Schneider's motion to stay the case pending the resolution of the criminal case, U.S. v. Gentile, et al., No. 1:21-CR-54-DG (E.D.N.Y. Jan. 29, 2021). Plaintiffs filed a consolidated complaint on July 1, 2022, and defendants filed answers thereafter. On August 21, 2023, the Court granted the indicted defendants' May 2023 motion to stay proceedings pending resolution of the related criminal case. Plaintiffs have filed their objection to and appeal of the Court’s decision. GPB Capital Holdings, LLC, a Delaware limited liability company and registered investment adviser, is the Partnership's General Partner pursuant to the terms of the Fifth Amended and Restated Agreement of Limited Partnership, pursuant of which, GPB conducts and manages its businesses. It owned and operated multiple retail automotive dealerships, including in most cases their related real estate. HOLLEY INC: Court Appoints Retirement System as Lead Plaintiff -------------------------------------------------------------- Judge Greg N. Stivers of the U.S. District Court for the Western District of Kentucky, Bowling Green Division, grants the Plaintiff's Motion for Appointment of Lead Plaintiff and for Approval of Selection of Lead Counsel in the lawsuit entitled CITY OF FORT LAUDERDALE GENERAL EMPLOYEES' RETIREMENT SYSTEM, on behalf of itself and all others similarly situated, PLAINTIFF v. HOLLEY INC. f/k/a EMPOWER LTD., et al., DEFENDANTS, Case No. 1:23-cv-00148-GNS (W.D. Ky.). Plaintiff City of Fort Lauderdale General Employees' Retirement System filed this putative class action on behalf of itself and all others similarly situated under the Private Securities Litigation Reform Act of 1995 against Defendants Holley Inc. f/k/a Empower Ltd., Tom Tomlinson, and Dominic Bardos. Because the Defendants allegedly engaged in wrongful acts and omissions that resulted in the decline in the value of Holley's securities, the Retirement System claims that it and other class members suffered losses and damages. Pursuant to 15 U.S.C. Section 78u-4(a)(3)(A)(i), counsel for the Retirement System published a notice of this putative class action on Globe Newswire, a national business-oriented wire service, on Nov. 6, 2023, which notice informed any purported class member of the opportunity to request to serve as lead plaintiff and provided contact information for the Retirement System's counsel. Before the statutory deadline of Jan. 5, 2024, the Retirement System moved for appointment of lead plaintiff and lead counsel in this action. The Retirement System is the only plaintiff in this action, and no other person or entity, who is a member of the proposed class has requested appointment as lead plaintiff by the statutory deadline of Jan. 5, 2024. The Retirement System represents that it has financial losses of more than $452,000 arising from the Defendants' alleged violations of federal securities laws after it purchased 67,836 shares of Holley securities in the class period of July 21, 2021, to Feb. 6, 2023. Its counsel also represents that the Retirement System has a larger financial interest than any other potential plaintiff. Judge Stivers holds that these facts support the determination that the Retirement System is the presumptive lead plaintiff. The Court must also determine whether the Retirement System satisfies the typicality and adequacy requirements of Fed. R. Civ. P. 23(a). In this instance, Judge Stivers finds the Retirement System has made a prima facie showing that it satisfies both requirements. Its claims against the Defendants are typical of the class members because all such claims involve the purchase of Holley securities during the class period at allegedly artificially inflated prices and for which the class members incurred losses. Judge Stivers also finds that the Retirement System has also shown that it is adequate to represent the proposed class because it is a public pension fund, which is a sophisticated institutional advisor and has served as a fiduciary. There do not appear to be any unique defenses that would prevent the Retirement System from representing the proposed class as lead plaintiff. Because the Retirement System filed this action, has the largest financial interest in this action, and appears to satisfy the typicality and adequacy requirements of Fed. R. Civ. P. 23(a), Judge Stivers says the Retirement System is presumptively the most adequate lead plaintiff. No person or entity has attempted to rebut the presumption that the Retirement System should serve in this role. Accordingly, the motion is granted. For these reasons, the Court rules that: 1. Plaintiff's Motion for Appointment of Lead Plaintiff and for Approval of Selection of Lead Counsel is granted; 2. Plaintiff City of Fort Lauderdale General Employees' Retirement System is appointed as Lead Plaintiff for the class pursuant to 15 U.S.C. Section 78u-4(a)(3)(B); and 3. Plaintiff City of Fort Lauderdale General Employees' Retirement System's selection of Robbins Geller Rudman & Dowd LLP as Lead Counsel is approved, pursuant to 15 U.S.C. Section 78u-4(a)(3)(B)(v). Lead Counsel will have the following responsibilities and duties on behalf of the Lead Plaintiff and the putative class: a. briefing and arguing any and all motions; b. conducting any and all discovery including taking depositions; c. engaging in settlement negotiations; d. preparing for and participating in pretrial discovery proceedings, trial preparations, and the trial, including delegating work responsibilities to selected counsel as may be required; e. drafting and filing of all pleadings; and f. supervising all other matters relating to the prosecution or resolution of this action. A full-text copy of the Court's Memorandum Opinion and Order dated Feb. 26, 2024, is available at https://tinyurl.com/9dhv79k5 from PacerMonitor.com. HOMEWORKS ENERGY: Renewed Bid for Class Cert. Filing Due July 22 ---------------------------------------------------------------- In the class action lawsuit captioned as Giguere v. Homeworks Energy, Inc. et al., Case No. 3:21-cv-30015 (D. Mass., Filed Feb 5, 2021), the Hon. Judge Mark G. Mastroianni entered an order adopting the parties' joint proposal regarding the deposition of Dr. Fox and the filing of Plaintiff's renewed motion for class certification: -- The Defendants shall depose Dr. Fox by: April 22, 2024 -- The Defendants shall designate and May 22, 2024 disclosure their expert by: -- The Plaintiff shall depose Defendants June 21, 2024 expert by: -- The Plaintiff shall file a renewed July 22, 2024 motion for class certification by: -- The Defendants shall file an Aug. 21, 2024 opposition by: -- Plaintiff may file a reply no later than 14 days after the Defendants file an opposition. The suit alleges violation of the Fair Labor Standards Act.[CC] HOMOLOGY MEDICINES: Bid to Dismiss Pizzuto Suit Pending ------------------------------------------------------- Homology Medicines Inc. disclosed in its Form 8-K Report filed with the Securities and Exchange Commission on March 11, 2024 that Pizzuto class suit dismissal motion remains pending in the District of Massachusetts. On March 4, 2024, the Massachusetts court held oral argument on the Company's motion to dismiss, which remains pending. On March 25, 2022, a stockholder of Homology, Michael C. Pizzuto, filed a putative class action complaint alleging violations of Sections 10(b) and 20(a) of the Securities and Exchange Act of 1934, as amended, against Homology and certain of its executives. Pizzuto v. Homology Medicines, Inc., No. 2:22– CV – 01968 (C.D. Cal 2022). The complaint alleges that Homology failed to disclose certain information regarding efficacy and safety in connection with a Phase I/II HMI-102 clinical trial, and seeks damages in an unspecified amount. The case is in its early stages. Homology believes the claims alleged lack merit and has filed a motion to transfer venue (filed September 2, 2022) and a motion to dismiss (filed October 17, 2022). On April 18, 2023, the court granted the motion to transfer, finding that venue was not proper in the Central District of California and transferring the case to the District of Massachusetts. Following the transfer, the case number changed to 1:23-cv-10858-AK (D. Mass.). On May 9, 2023, the Massachusetts court issued an order permitting the parties to submit updated briefs in connection with the motion to dismiss, which were submitted on June 8, 2023, July 13, 2023, and August 3, 2023. The motion to dismiss remains pending. On March 4, 2024, the Massachusetts court held oral argument on the Company’s motion to dismiss, which remains pending. As the outcome is not presently determinable, any loss is neither probable nor reasonably estimable. Homology Medicines, Inc. is a clinical-stage genetic medicines company dedicated to transforming the lives of patients suffering from rare diseases by addressing the underlying cause of the disease with one-time gene therapy and gene editing treatments. The company was founded in March 2015 as a Delaware corporation with its principal offices are in Bedford, Massachusetts. HOMOLOGY MEDICINES: Continues to Defend Welsh Class Suit -------------------------------------------------------- Homology Medicines Inc. disclosed in its Form 10-K Report for the fiscal period ending December 31, 2023 filed with the Securities and Exchange Commission on March 12, 2024 that the Company continues to defend itself from the Welsh class suit. On February 22, 2024, a purported stockholder of the Company, Kevin Welsh, filed a putative class action complaint against the Company and its directors related to the Company's proposed Merger with Q32, alleging violations of Sections 14(a) and 20(a) of the Securities Exchange Act of 1934, as amended. Welsh v. Homology Medicines, Inc., No. 1:24-cv-00242 (D. Del.). The complaint alleges that the Company and its directors filed a proxy statement containing material omissions regarding financial forecasts and their respective analysis, and seeks damages in an unspecified amount. The case is in its early stages. The Company believes the claims alleged lack merit. Homology Medicines, Inc. is a clinical-stage genetic medicines company dedicated to transforming the lives of patients suffering from rare diseases by addressing the underlying cause of the disease with one-time gene therapy and gene editing treatments. The company was founded in March 2015 as a Delaware corporation with its principal offices are in Bedford, Massachusetts. HUDSON EXCESS: Pretrial Management Order Entered in Travelers ------------------------------------------------------------- In the class action lawsuit captioned as THE TRAVELERS INDEMNITY COMPANY OF CONNECTICUT, v. HUDSON EXCESS INSURANCE COMPANY, et al., Case No. 1:24-cv-01523-DEH-BCM (S.D.N.Y.), the Hon. Judge Barbara Moses entered an order regarding general pretrial management order: -- All pretrial motions and applications, including those related to scheduling and discovery (but excluding motions to dismiss or for judgment on the pleadings, for injunctive relief, for summary judgment, or for class certification under Fed. R. Civ. P. 23) must be made to Judge Moses and in compliance with this Court's Individual Practices in Civil Cases, available on the Court's website at https://nysd.uscourts.gov/hon-barbara-moses. -- Once a discovery schedule has been issued, all discovery must be initiated in time to be concluded by the close of discovery set by the Court. -- Discovery applications, including letter-motions requesting discovery conferences, must be made promptly after the need for such an application arises and must comply with Local Civil Rule 37.2 and section 2(b) of Judge Moses's Individual Practices. -- For motions other than discovery motions, pre-motion conferences are not required, but may be requested where counsel believe that an informal conference with the Court may obviate the need for a motion or narrow the issues. Hudson Excess offers property and casualty insurance products. A copy of the Court's order dated Mar. 8, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=8UQXDh at no extra charge.[CC] HYATT CORP: Class Action & PAGA Settlement Gets Initial Nod ----------------------------------------------------------- In the class action lawsuit captioned as JANICE INSIXIENGMAY, individually and on behalf of all other similarly situated employees, v. HYATT CORPORATION DBA HYATT REGENCY SACRAMENTO, a Delaware Corporation; and DOES 1 to 100, inclusive, Case No. 2:18-cv-02993-TLN-DB (E.D. Cal.), the Hon. Judge Troy Nunley entered an order granting the plaintiff's motion for preliminary approval of class action and PAGA settlement. The Court grants Plaintiff's Motion and sets a final approval hearing on Sept. 19, 2024, with briefs and supporting documentation to be submitted according to the Federal Rules of Civil Procedure, in this Department. The Court finds that certification of the following class for settlement purposes only is appropriate under Rule 23(b)(3) and 23(e) of the Federal Rules of Civil Procedure and related case law: All non-exempt employees who are currently or were formerly employed by Defendant at the Hyatt Regency in Sacramento, California between October 4, 2014, and June 1, 2023. The Court also finds that preliminarily and conditionally certifying the settlement class is required to avoid each Class Member from litigating similar claims individually. This Settlement will achieve economies of scale for Class Members with relatively small individual claims and conserve the resources of the judicial system. The Plaintiff filed this putative class action on October 4, 2018. The operative Complaint alleges that failed to pay overtime, failed to provide meal periods of premiums in lieu thereof, failed to provide rest periods or premiums in lieu thereof, failed to provide accurate wage statements, failed to timely pay final wages, and engaged in unfair competition. Hyatt is an American multinational hospitality company. A copy of the Court's order dated March 12, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=HqbltO at no extra charge.[CC] IDAHO: Rossow Seeks to Extend Deadlines for Class Cert Bid ---------------------------------------------------------- In the class action lawsuit captioned as KEEVA ROSSOW, v. DAVE JEPPESEN, Director, Idaho Department of Health and Welfare, in his official capacity, Case No. 1:23-cv-00131-BLW (D. Idaho), the Plaintiff moves the Court to enter an order modifying the scheduling order to extend the deadline to move for class certification from April 3, 2024 through and until a date to be determined by the Court upon consideration of the parties' current discovery dispute, but no less than 90 days from the date of this motion, and to also extend accordingly the deadlines for opposing and replying to a motion for class certification. Idaho Department of Health and Welfare provides healthcare services, records management, children and family services, food assistance programs, and healthcare services. A copy of the Plaintiff's motion dated March 13, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=BlWgi9 at no extra charge.[CC] The Plaintiff is represented by: Richard A. Hearn, Esq. John B. Ingelstrom, Esq. HEARN LAW, PLC 151 N. 3rd Ave., Ste. 100 Pocatello, ID 83204 Telephone: (208) 904-0004 Facsimile: (208) 904-1816 E-mail: hearn@hearnlawyers.com jbi@hearnlawyers.com - and - Emily Macmaster, Esq. MACMASTER LAW, PLLC 3363 N. Lakeharbor Lane Boise, ID 83703 Telephone: (208) 608-2235 E-mail: emily@macmasterlaw.com emacmaster07@gmail.com The Defendant is represented by: Brian Church, Esq. STATE OF IDAHO OFFICE OF ATTORNEY GENERAL Boise, ID 83720-0010 Facsimile: (208) 854-8073 E-mail: brian.church@ag.idaho.gov INDIAN HILL: Filing for Class Cert Bid in R.L.K. Extended to May 6 ------------------------------------------------------------------ In the class action lawsuit captioned as R.L.K. v. Indian Hill Exempted Village School District, Case No. 1:23-cv-00171 (S.D. Ohio, Filed March 26, 2023), the Hon. Judge Jeffery P. Hopkins entered an order on motion for extension of time to complete discovery: -- The parties' deadline to supplement their April 1, 2024 discovery responses is extended to: -- The Plaintiff's deadline to submit a May 6, 2024 motion for class certification is extended to: -- The Defendant's deadline to respond to June 5, 2024 Plaintiff's motion for class certification is extended to: -- The Plaintiff's deadline to file a reply June 20, 2024 is extended to: The nature of suit states American with Disabilities Act. The Indian Hill Exempted Village School District is a public school district in Indian Hill, Ohio, a suburb of Cincinnati, Ohio.[CC] JDC HEALTHCARE: Class Cert Bid Response Extended to April 12 ------------------------------------------------------------ In the class action lawsuit captioned as Lee v. JDC Healthcare PLLC, Case No. 3:23-cv-01134 (N.D. Tex., Filed May 17, 2023), the Hon. Judge Ada Brown entered an order granting joint motion to extend time as follows: -- The date for Defendant's Response to Plaintiff's Motion for Class Certification is extended to April 12, 2024. -- Designation of Expert(s) by Defendant is due April 11, 2024. -- Rebuttal Expert(s) is due May 2, 2024. -- Challenges to Experts is due July 1, 2024 deadline. The nature of suit states Restrictions of Use of Telephone Equipment. JDC provides health care services.[CC] JOHNSON & JOHNSON: Appeals Cert. Ruling in Hall Securities Suit --------------------------------------------------------------- Johnson & Johnson, et al., took an appeal from the District Court's Order dated December 29, 2023 entered in the lawsuit styled FRANK HALL, individually and on behalf of all others similarly situated, v. JOHNSON & JOHNSON, et al., Case No. 3:18-cv-01833-ZNQ-TJB, in the United States District Court for the District of New Jersey. The suit, filed on February 8, 2018, seeks to recover compensable damages caused by violations of the federal securities laws and to pursue remedies under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934. Johnson and Johnson talc products, such as its Baby Powder, allegedly include asbestos fibers and that the exposure to those fibers can cause ovarian cancer and mesothelioma. On this news, shares of Johnson and Johnson fell $7.29 per share or over 5% from its previous closing price to close at $130.39 per share on February 5, 2018, damaging investors, including the Plaintiff. As previously reported in the Class Action Reporter, the Hon. Judge Zahid N. Quraishi entered an Order on December 29, 2023, granting a motion for class certification. The court certified the class defined as "All persons who purchased or otherwise acquired publicly traded J&J equity securities, as defined in 15 U.S.C. Section 78c(11) and 17 C.F.R. section 240.3a11-1, between February 22, 2013 and December 13, 2018." The following will be excluded from the class: defendants, present or former executive officers of defendants and members of their immediate families, present or former directors of defendants and members of their immediate families, any entity in which a defendant has a controlling interest, and the legal representatives, heirs, successors or assigns of any such excluded party. The new appellate case is captioned as San Diego County Employees Retirement Association, et al. v. Johnson & Johnson, et al., Case No. 24-1409, in the United States Court of Appeals for the Third Circuit, filed on March 5, 2024.[BN] Defendants-Petitioners JOHNSON & JOHNSON, et al., are represented by: Jack N. Frost, Jr., Esq. FAEGRE DRINKER BIDDLE & REATH 600 Campus Drive Florham Park, NJ 07932 Telephone: (973) 549-7338 Plaintiffs-Respondents SAN DIEGO CITY EMPLOYEES RETIREMENT SYSTEM and FRANK HALL, individually and on behalf of all others similarly situated, are represented by: James E. Cecchi, Esq. Kevin G. Cooper, Esq. Donald A. Ecklund, Esq. CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO 5 Becker Farm Road Roseland, NJ 07068 Telephone: (973) 994-1700 JP WHITE: Hong Suit Seeks Class Certification Bid Conference ------------------------------------------------------------ In the class action lawsuit captioned as Hong v. JP White Plains, Inc. et al., Case No. 7:19-cv-05018-NSR-AEK (S.D.N.Y.), the Plaintiffs ask the Court to enter an order granting a pre-motion conference for their anticipated motion for class certification motion that they plan on filing. At the conference, Plaintiffs expect to address the following relief: -- 1. Certification of this 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 May 31, 2013 until present; -- 2. Designation of the Plaintiff Yingcai Hong class representatives, and appointment of Troy Law, PLLC as class counsel; and -- 3. Court-facilitated notice of class action in English, Chinese, and Spanish to Class Members in the form proposed. The Plaintiff was employed with the Defendants from Nov. 2015 to Aug. 2016 and from Feb. 2017 to May 20, 2018, as a delivery man at one of Defendant's restaurants. During Plaintiff's first part of employment, the Plaintiff worked 58.5 hours per week and during the Plaintiff's second part of employment, the Plaintiff worked 50 hours per week, the suit says. During Plaintiffs' employment, the Plaintiff did not have any fixed time for lunch or for dinner and was required to work through the "break" time that was awarded to the plaintiff, even though that time was deducted from his pay. During the Plaintiffs first point of employment, the plaintiff earned a flat rate of seven dollars and fifty cents ($7.50) per hour and through the Plaintiffs second point of employment, the Plaintiff earned nine dollars and fifteen cents ($9.15) per hour. At all times during the Plaintiffs' employment, the Defendant's deducted ten dollars ($10.00) of the Plaintiff's tips and twenty to twenty-five dollars in meal credit and twenty to twenty-four dollars in transportation costs. The plaintiff was not informed of the deductions that the Defendants made of the plaintiff's wages, the suit alleges. A copy of the Plaintiffs' motion dated March 12, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=UkmY1Q at no extra charge.[CC] The Plaintiff is 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 KROGER CO: Seeks to Permanently Seal Portions of Class Cert Bid --------------------------------------------------------------- In the class action lawsuit captioned as JUDY KIRKBRIDE and BEETA LEWIS, individually and on behalf of all others similarly situated, v. THE KROGER CO., Case No. 2:21-cv-00022-ALM-EPD (S.D. Ohio), the Defendant asks the Court to enter an order granting unopposed motion to permanently seal portions of the Plaintiffs' memorandum of law in support of their motion for class certification and certain supporting Exhibits. Kroger is an American retail company that operates supermarkets and multi-department stores throughout the United States. A copy of the Defendant's motion dated March 11, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=BoxsuT at no extra charge.[CC] The Defendant is represented by: Robert Webner, Esq. Nathaniel Lampley, Jr., Esq. VORYS, SATER, SEYMOUR AND PEASE LLP 52 East Gay Street Columbus, OH 43215 Telephone: (614) 464-6400 Facsimile: (614) 464-6350 E-mail: rnwebner@vorys.com NLampley@vorys.com - and - Selina Coleman, Esq. Frederick Robinson, Esq. Andrew Y. Lu, Esq. Michael S. Leib, Esq. REED SMITH LLP 1301 K Street, N.W. Suite 1000 – East Tower Washington, DC 20005 Telephone: (202) 414-9200 Facsimile: (202) 414-9299 E-mail: scoleman@reedsmith.com frobinson@reedsmith.com andrew.lu@reedsmith.com mleib@reedsmith.com LATTER & BLUM: Peiffer Sues Over Real Estate Market Conspiracy -------------------------------------------------------------- JOSEPH C. PEIFFER, on behalf of himself and all others similarly situated, Plaintiff v. LATTER & BLUM HOLDING, LLC, LATTER & BLUM, LTD., and LATTER & BLUM, INC. Defendants, Case No. 2:24-cv-00557-GGG-JVM (E.D. La., March 5, 2024) is a class action against the Defendants which operate under various trade names the dominant real estate brokerage in Louisiana, for agreeing, combining, and conspiring to impose, implement, and enforce, along with its co-conspirators, anticompetitive restraints that cause home sellers to pay inflated commissions on the sale of their homes, in violation of the Sherman Act. According to the complaint, Latter & Blum, along with its co-conspirators, has mandated and/or encouraged affiliates, franchisees, brokerages, and individual realtors to join and implement an anticompetitive agreement. Indeed, because Latter & Blum is among the leading brokers in Louisiana, its participation in the conspiracy and implementation and enforcement of its terms is essential to the success of the conspiracy in Louisiana. The unlawful restraints implemented and enforced by the conspirators have benefitted Latter & Blum and its co-conspirators and furthered their common goals by allowing brokers to impose supra-competitive charges on home sellers in Louisiana and restrain competition by forestalling competition from lower-priced alternatives. As a result, home sellers such as Plaintiff and the other class members have paid an inflated and fixed rate for services provided to their contractual counterparty. The Plaintiff and the other class members have each incurred, on average, thousands of dollars in improper charges as a result of the conspiracy. In a competitive market, buyers would have the incentive to set and negotiate buyer-broker prices, and the total commissions paid in any transaction, including the commissions paid by sellers would be lower, says the suit. Latter & Blum Holding, LLC is a licensed real estate service provider in Texas.[BN] The Plaintiff is represented by: Benjamin D. Reichard, Esq. James R. Swanson, Esq. Molly L. Wells, Esq. FISHMAN HAYGOOD L.L.P 201 St. Charles Avenue, 46th Floor New Orleans, LA 70170 Telephone: (504) 586-5252 Facsimile: (504) 586-5250 E-mail: breichard@fishmanhaygood.com jswanson@fishmanhaygood.com mwells@fishmanhaygood.com - and - Joseph R. Saveri, Esq. Cadio Zirpoli, Esq. JOSEPH SAVERI LAW FIRM 601 California Street, Suite 1000 San Francisco, CA 94108 Telephone: (415) 500-6800 E-mail: jsaveri@saverilawfirm.com czirpoli@saverilawfirm.com - and = Robert Leiff, Esq. P.O. Drawer A Rutherford, CA 94573 E-mail: rlieff@lieff.com LIGHTFIRE PARTNERS: Alley Must File Reply to Response by April 5 ---------------------------------------------------------------- In the class action lawsuit captioned as Aley v. Lightfire Partners, LLC, Case No. 5:22-cv-00330 (N.D.N.Y., Filed April 7, 2022), the Hon. Judge Anne M. Nardacci entered an order granting the Defendant a final extension of time of up to and including March 22, 2024, to file a response to the pending Motion for Class Certification and a motion pursuant to Rule 56. -- The Plaintiff shall file any reply to the response on or before April 5, 2024. -- There will be no further extensions absent a showing of extraordinary circumstances, the Court says. On March 7, 2024, the Defendant filed a Motion for an Extension of Time to file a response to the Motion for Class Certification and a dispositive motion in this matter. On March 8, 2024, the Plaintiff filed a response in opposition to Defendant's request for additional time. The nature of suit states Restrictions of Use of Telephone Equipment. [CC] LONG BEACH, NY: Class Cert Bid Filing Extended ----------------------------------------------- In the class action lawsuit captioned as Guma. et al v. The City of Long Beach, et al., Case No. 2:23-cv-04529 (E.D.N.Y., Filed June 20, 2023), the Hon. Judge Gary R. Brown entered an order on motion for extension of time to file on Plaintiffs' anticipated motion for class certification as follows: -- Plaintiffs' Motion to be served by March 29, 2024 -- Defendants' Opposition to be served by April 19, 2024 -- Plaintiffs' Reply to be served by May 2, 2024 The suit alleges violation of Civil Rights Act.[CC] LONG BEACH, NY: Class Cert Briefing Sched Extended in Guma ---------------------------------------------------------- In the class action lawsuit captioned as Guma, et al v. The City of Long Beach et al., Case No. 2:23-cv-04529-GRB-JMW (E.D.N.Y.), the Plaintiffs asks the Court to enter an order granting a two-week extension of time of the briefing schedule dates the Court adopted on February 24, 2024, in which to serve and file a motion for class certification. The parties have agreed to the following revised schedule for serving the motion papers in accordance with Rule 3(C.) (1.) of Magistrate Judge Wicks's individual rules and request that the Court approve said changes. The Plaintiffs will serve their motion to certify upon the Defendants on or before March 29, 2024. The Defendants will serve their opposition, if any, upon the Plaintiffs on or before April 19, 2024. The Plaintiffs will serve their reply upon the Defendants on or before May 2, 2024. Once the motion is fully briefed, the parties will file their respective papers with the Court on May 2, 2024, in accordance with Magistrate Judge Wicks's individual rules. Long Beach is a coastal city and port in Southern California. Moored in its Queensway Bay. A copy of the Plaintiffs' motion dated March 12, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=deZrP0 at no extra charge.[CC] The Plaintiffs are represented by: Andrew J. Campanelli, Esq. CAMPANELLI & ASSOCIATES, P.C. 1757 Merrick Avenue, Suite 204 Merrick, NY 11566 Telephone: (516)746-1600 Facsimile: (516) 746-2611 LYONS MAGNUS: Final Approval of Class Settlement Sought in Catalano ------------------------------------------------------------------- In the class action lawsuit captioned as Wayne Catalano, Karen Radford, Christy Deringer, Tomoko Nakanishi, Veronica Pereyra, Roberta Sinico, Barbara Speaks, and Edmond Dixon, individually on behalf of themselves and all others similarly situated, v. Lyons Magnus, LLC and TRU Aseptics, LLC, Case No. 7:22-cv-06867-KMK (S.D.N.Y.), the Plaintiffs move the Court to enter an order granting: -- Final approval of the class action settlement pursuant to Rule 23 of the Federal Rules of Civil Procedure, -- Final approval of a proposed settlement with the Defendants and affirmation of the certification of the Settlement Class defined in the Settlement Agreement. Lyons is in the foodservice industry. A copy of the Plaintiffs' motion dated March 11, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=DUfDlY at no extra charge.[CC] The Plaintiffs are represented by: Jason P. Sultzer, Esq. Joseph Lipari, Esq. Jeremy Francis, Esq. THE SULTZER LAW GROUP P.C. 85 Civic Center Plaza, Suite 200 Poughkeepsie, NY 12061 Telephone: (845) 483-7100 Facsimile: (888) 749-7747 E-mail: sultzerj@thesultzerlawgroup.com liparij@thesultzerlawgroup.com francisj@thesultzerlawgroup.com - and - Charles E. Schaffer, Esq. LEVIN SEDRAN & BERMAN 510 Walnut Street, Suite 500 Philadelphia, PA 19106 Telephone: (215) 592-1500 E-mail: cschaffer@lfsblaw.com - and - Eric M. Poulin, Esq. Roy T. Willey, IV, Esq. Blake G. Abbott, Esq. Paul J. Doolittle, Esq. POULIN | WILLEY | ANASTOPOULO, LLC 32 Ann Street Charleston, SC 29403 Telephone: (843) 614-8888 E-mail: roy@akimlawfirm.com blake@akimlawfirm.com pauld@akimlawfirm.com - and - Kiley Grombacher, Esq. BRADLEY/GROMBACHER LLP 31365 Oak Crest Dr., Suite 240 Westlake Village, CA E-mail: Kgrombacher@bradleygrombacher.com - and - Bryan F. Aylstock, Esq. AYLSTOCK, WITKIN, KREIS & OVERHOLTZ, PLLC 1700 East Main Street, Suite 200 Pensacola, FL 32502 E-mail: baylstock@awkolaw.com MARRIOTT INT'L: Hall Seeks Reconsideration of Class Cert Denial ---------------------------------------------------------------- In the class action lawsuit captioned as TODD HALL and GEORGE ABDELSAYED individually and on behalf of all others similarly situated, v. MARRIOTT INTERNATIONAL, INC., a Delaware corporation, Case No. 3:19-cv-01715-JO-AHG (S.D. Cal.), the Plaintiffs will move the Court for reconsideration of the Court's minute order denying the parties' joint motion seeking approval of the settlement and to vacate the class certification order and dismiss the case. Marriott is an American multinational company that operates, franchises, and licenses lodging brands that include hotel, residential, and timeshare properties. A copy of the Plaintiffs' motion dated March 13, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=ECv9XW at no extra charge.[CC] The Plaintiffs are represented by: Ronald A. Marron, Esq. Lilach Halperin, Esq. LAW OFFICES OF RONALD A. MARRON 651 Arroyo Drive San Diego, CA 92103 Telephone: (619) 696-9006 Facsimile: (619) 564-6665 E-mail: ron@consumersadvocates.com lilach@consumersadvocates.com - and - L Timothy Fisher, Esq. BURSOR & FISHER, P.A. 1990 North California Blvd., Suite 940 Walnut Creek, CA 94596 Telephone: (925) 300-4455 Facsimile: (925) 407-2700 E-mail: ltfisher@bursor.com - and - Robert L. Teel, Esq. LAW OFFICE OF ROBERT L. TEEL 1425 Broadway, Mail Code: 20-6690 Seattle, WA 98122 Telephone: (866) 833-5529 Facsimile: (855) 609-6911 E-mail: lawoffice@rlteel.com MARS PETCARE: Plaintiffs' Bids to Seal Granted in Part ------------------------------------------------------ In the class action lawsuit captioned as TAMARA MOORE, et al., v. MARS PETCARE US, INC., et al., Case No. 3:16-cv-07001-MMC (N.D. Cal.), the Hon. Judge Maxine Chesney entered an order granting in part and denying in part the Plaintiffs' administrative motions to seal. Mars provides pet care products. A copy of the Court's order dated March 11, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=LQ5sEI at no extra charge.[CC] MARTINEZ REFINING: Court Amends Scheduling Order in Piscitelli -------------------------------------------------------------- In the class action lawsuit captioned as JOSEPH PISCITELLI and LARA ZANZUCCHI, on behalf of themselves and all others similarly situated, v. MARTINEZ REFINING COMPANY LLC, Case No. 4:23-cv-04184-HSG (N.D. Cal.), the Hon. Judge Haywood Gilliam, Jr. entered an order amending the Scheduling Order dated Jan. 17, 2024, to reflect that discovery is bifurcated into a class certification phase, followed by a merits phase. -- The current discovery deadline of Aug. 2, 2024 remains in place only for class certification discovery, with a deadline for merits discovery to be set after class certification has been decided. -- During the class certification phase, discovery shall involve inquiry into issues relevant to the suitability of the case for class certification under Fed. R. Civ. P. 23(a) (numerosity, commonality, typicality, and adequacy of representation) and Fed. R. Civ. P. 23(b)(3) (predominance and superiority). -- Specifically, discovery related to the substantive merits of Plaintiffs' claims, such as the cause of any noxious odors or emissions, will be reserved for the merits phase of discovery. A copy of the Court's order dated March 12, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=PJG7LV at no extra charge.[CC] The Plaintiffs are represented by: Mike Arias, Esq. Arnold Wang, Esq. M. Anthony Jenkins, Esq. ARIAS SANGUINETTI WANG & TORRIJOS, LLP - and - Steven Liddle, Esq. Laura Sheets, Esq. Matthew Robb, Esq. LIDDLE SHEETS COULSON P.C. The Defendant is represented by: Jason Levin, Esq. Jennifer Bonneville, Esq. Lisa L. Garcia, Esq. Meaghan G. Boyd, Esq. ALSTON & BIRD LLP 350 South Grand Avenue, 51st Floor Los Angeles, CA 90071-1410 Telephone: 213-576-1000 Facsimile: 213-576-1100 E-mail: jason.levin@alston.com jennifer.bonneville@alston.com lisa.garcia@alston.com meaghan.boyd@alston.com MDL 3083: MoveIt Data Breach Suits Transferred to D. Mass. ---------------------------------------------------------- In litigation "In re: MoveIt Customer Data Security Breach Litigation," Judge Karen K. Caldwell, Chairperson of the U.S. Judicial Panel on Multidistrict Litigation transfers 3 cases each from the U.S. District Court for the Northern District of Illinois, Western District of New York and the Eastern District of Virginia, all to the District of Massachusetts and, with the consent of that court, assigned to Judge Allison D. Burroughs for coordinated or consolidated pretrial proceedings. All actions can be expected to share factual questions arising from allegations that a vulnerability in Progress Software Company's "MOVEit Transfer" and "MOVEit Cloud" file transfer services was exploited by a Russian cybergang in May 2023, which to date is estimated to have compromised the personally identifying information (PII) of over 55 million people. On May 31, 2023, Progress posted a notice on its website stating it had discovered an SQL injection vulnerability in its MOVEit file transfer services and a related breach in its network and systems. Plaintiffs are individuals whose PII was potentially compromised who bring largely overlapping putative nationwide or statewide class actions on behalf of persons impacted by the exploitation of the MOVEit software vulnerability. These actions can be expected to share common and complex factual questions as to how the MOVEit vulnerability occurred, the circumstances of the unauthorized access and data exfiltration, and Progress's response to it, as well as the response of various downstream MOVEit users and customer-facing defendants with whom plaintiffs did business. Centralization offers substantial opportunities to streamline pretrial proceedings; reduce duplicative discovery and conflicting pretrial obligations; prevent inconsistent rulings on summary judgment motions; and conserve the resources of the parties, their counsel and the judiciary. Given the likely need of discovery from Progress and transferor court's ability to decide the motion to dismiss, the panel deems transfer is appropriate. A full-text copy of the court's January 30, 2024 order is available at https://www.jpml.uscourts.gov/sites/jpml/files/MDL-3083-Transfer_Order-9-23.pdf MYTHICAL VENTURE: Hall Seeks More Time to File Class Cert Bid ------------------------------------------------------------- In the class action lawsuit captioned as KRISTEN HALL, individually and on behalf of all others similarly situated, v. MYTHICAL VENTURE, INC., Case No. 2:23-cv-10324-JFW-KES (C.D. Cal.), the Plaintiff asks the Court to enter an order granting her unopposed motion for an extension of the class certification deadline by 30 days, which would move the deadline from April 16, 2024, to May 16, 2024. Mythical operates as an e-commerce platform that offers curated luxury products. A copy of the Plaintiff's motion dated March 11, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=qRRERN at no extra charge.[CC] The Plaintiff is represented by: Jacob U. Ginsburg, Esq. Craig T. Kimmel, Esq. KIMMEL & SILVERMAN, P.C. 30 E. Butler Ave. Ambler, PA 19002 Telephone: (267) 468-5374 E-mail: jginsburg@creditlaw.com kimmel@creditlaw.com teamkimmel@creditlaw.com - and - Christopher E. Roberts BUTSCH ROBERTS & ASSOCIATES LLC 7777 Bonhomme Avenue, Suite 1300 Clayton, MO 63105 Telephone: (314) 863-5700 E-mail: CRoberts@butschroberts.com - and - Lenny Bush, Esq. BUSH LAW GROUP 23679 Calabasas Road, Suite 1005 Calabasas, CA 91302 Telephone: (323) 868-1903 E-mail: bushlawgroup@gmail.com NEW YORK PAVING: Bid for Reconsideration Denied in Diaz Class Suit ------------------------------------------------------------------ In the class action lawsuit captioned as DIAZ, individually and on behalf of all others similarly situated, v. NEW YORK PAVING INC., Case No. 1:18-cv-04910-ALC-GWG (S.D.N.Y.), the Hon. Judge Andrew Carter Jr. entered an order denying Defendants' motion for reconsideration because they have not identified "an intervening change of controlling law, the availability of new evidence, or the need to correct a clear error or prevent manifest injustice." The Parties are directed to file a joint status report on or before March 26, 2024. Despite Defendant's attempts to frame their arguments as stemming from "the indisputable factual record, many of these matters remain hotly contested between the Parties. The Defendant argues that the class certification decision should be reconsidered based on the Court's purported failure to consider certain material facts. A copy of the Court's order dated March 12, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=U9TlIm at no extra charge.[CC] NORTHERN TRUST: Court Extends ADR Deadline Until August 1 --------------------------------------------------------- In the class action lawsuit captioned as Emerson v. Northern Trust Corporation, et al., Case No. 3:23-cv-00241 (N.D. Cal., Filed Jan. 18, 2023), the Hon. Judge Trina L. Thompson entered an order granting the parties' motion to extend the ADR deadline until Aug. 1, 2024. The nature of suit states Torts -- Personal Property -- Other Personal Property Damage.[CC] NORTHERN TRUST: Parties Seek to Modify Class Cert. Briefing ----------------------------------------------------------- In the class action lawsuit captioned as CHANDLER EMERSON, individually and on behalf of all others similarly situated, v. NORTHERN TRUST COMPANY, Case No. 3:23-cv-00241-TLT (N.D. Cal.), the Parties' ask the Court to modify the class certification briefing schedule and hearing date and the mediation completion date. On July 10, 2023, the Court issued a Case Management and Scheduling Order which, set a class certification briefing schedule with an August 13, 2024, motion hearing date and also a date to complete private mediation of May 17, 2024. Current Proposed New Deadline: Deadline: Motion for Class Certification: May 24, 2024 June 21, 2024 Northern Trust's Opposition: June 24, 2024 July 29, 2024 Plaintiff's Reply: July 15, 2024 Aug. 19, 2024 Hearing Date Aug. 13, 2024 Sept. 10, 2024 As the parties jointly reported to the Court on March 7, 2024 via email, they have also agreed on Michael Ornstil as a mediator. Mr. Ornstil, however, does not have availability before the current May 17, 2024 mediation deadline or, in fact, until late July at the earliest. Subject to the Court's approval of extending the mediation deadline, the parties have agreed to defer mediation until Aug. 28, 2024, when both parties and their respective counsel are available and by which time the Plaintiff's class certification motion (under the revised schedule proposed herein) will be fully briefed. Accordingly, the parties submit that there is good cause to extend, and thus request that the Court agree to extend, the mediation completion deadline from May 17, 2024, to Aug. 29, 2024. The parties do not request any further adjustments to the Case Management and Scheduling Order. A stipulation and proposed order are attached to this administrative motion. Northern Trust provides investment banking services. A copy of the Parties' motion dated March 11, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=1ps7uG at no extra charge.[CC] The Plaintiff is represented by: Thomas J. Brandi, Esq. Brian J. Malloy, Esq. THE BRANDI LAW FIRM 354 Pine Street, Third Floor San Francisco, CA 94104 E-mail: tjb@brandilaw.com bjm@brandilaw.com - and - Derek G. Howard, Esq. Ashley M. Romero, Esq. DEREK G. HOWARD LAW 42 Miller Avenue E-mail: derek@derekhowardlaw.com ashley@derekhowardlaw.com The Defendant is represented by: Laurie Edelstein, Esq. Caroline Hirst, Esq. Rachael M. Trummel, Esq. Daniel J. Weiss, Esq. JENNER & BLOCK LLP 455 Market Street, Suite 2100 San Francisco, CA 94105 Telephone: (628) 267-6800 E-mail: ledelstein@jenner.com chirst@jenner.com rtrummel@jenner.com dweiss@jenner.com NVIDIA CORP: Tobias Suit Seeks to Certify Plan Participant Class ---------------------------------------------------------------- In the class action lawsuit captioned as CRISTINA TOBIAS, ANTHONY BRIGGS, ANN MACDONALD and DAVID CALDER, individually and on behalf of all others similarly situated, v. NVIDIA CORPORATION, THE BOARD OF DIRECTORS OF NVIDIA CORPORATION, THE NVIDIA CORPORATION 401(K) PLAN BENEFITS PLAN COMMITTEE, and JOHN DOES 1-30, Case No. 4:20-cv-06081-JST (N.D. Cal.), the Plaintiffs move the Court, pursuant to FED. R. CIV. P. 23, to certify the following proposed Class: All persons, except Defendants and their immediate family members, who were participants in or beneficiaries of the Plan, at any time between Aug. 28, 2014 through the date of Judgment (the "Class Period"). The Plaintiffs move for class certification because the Plaintiffs' ERISA claims satisfy the requirements of Federal Rule of Civil Procedure 23(a) and (b). The Plaintiffs also move the Court for an order appointing the Plaintiffs as representatives of the proposed class defined, and appointing their counsel, Capozzi Adler, P.C. as Class Counsel. The Plaintiffs assert the following claims: (1) Count I against the Committee Defendants for their failure to prudently manage the Plan's assets because during the Class Period, "they did not make decisions regarding the Plan's investment lineup based solely on the merits of each investment and what was in the best interest of Plan participants" and "instead, the Prudence Defendants selected and retained investment options in the Plan despite the high cost of the funds in relation to other comparable investments; and (2) Count II against the Monitoring Defendants for breach of their fiduciary duties to monitor the Prudence Defendants because, during the Class Period, they "failed to monitor and evaluate the performance of the Committee Defendants or have a system in place for doing so, standing idly by as the Plan suffered significant losses as a result of the Committee Defendants' imprudent actions and omissions." Ms. Tobias participated in the Plan during the Class Period, paying the recordkeeping and administrative costs associated with the Plan and investing in the investment options offered by the Plan and which are the subject of this lawsuit. Nvidia is an American multinational corporation and technology company. A copy of the Plaintiffs' motion dated March 12, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=xvBgZ9 at no extra charge.[CC] The Plaintiffs are represented by: Mark K. Gyandoh, Esq. Donald R. Reavey, Esq. CAPOZZI ADLER, P.C. 312 Old Lancaster Road Merion Station, PA 19066 Telephone: (610) 890-0200 E-mail: markg@capozziadler.com donr@capozziadler.com - and - Daniel L. Germain, Esq. ROSMAN & GERMAIN APC 5959 Topanga Canyon Boulevard, Suite 360 Woodland Hills, CA 91367-7503 Telephone: (818) 788-0877 Facsimile: (818) 788-0885 E-mail: Germain@Lalawyer.com OXY USA: Rider Seeks to Certify Class of Stevens Suit Participants ------------------------------------------------------------------ In the class action lawsuit captioned as CHERRY RIDER, trustee of the Cherry Rider Family Trust, R.W. and Cathy Lucas, Co-trustees of the R.W. Lucas and Cathy Lucas Living Trust, individually and as representative plaintiffs on behalf of persons or concerns similarly situated, v. OXY USA, INC.; MERIT ENERGY COMPANY, LLC; and MERIT HUGOTON, L.P., Case No. 6:23-cv-01274-KHV-TJJ (D. Kan.), the Plaintiffs move the Court to enter an order: (1) certifying the putative plaintiff class of persons or entities who were Participating Class Members in the class action settlement approved by the District Court of Stevens County, Kansas, on March 4, 2008, in the case of Opal Littell, et. al v. OXY USA, Inc., Case No. 98-CV-51, together with their successors, and who have received, or are entitled to receive, royalty payments from Merit Energy Company, LLC, Merit Hugoton LP, and/or any related or affiliated entity, at any time during the period of May 2014 to the present;" (2) appointing the Plaintiffs as Class Representatives; (3) appointing the Plaintiffs' Counsel as Class Counsel; and (4) directing that appropriate notice be given to all Class Members, so that the case can proceed on the merits of the claims. A copy of the Plaintiff's motion dated March 12, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=2mHYX3 at no extra charge.[CC] The Plaintiffs are represented by: David G. Seely, Esq. Ryan K. Meyer, Esq. Emily K. Arida, Esq. FLEESON, GOOING, COULSON & KITCH, L.L.C. 301 N. Main, Ste. 1900 Wichita, KS 67201 Telephone: (316) 267-7361 Facsimile: (316) 267-1754 E-mail: dseely@fleeson.com rmeyer@fleeson.com earida@fleeson.com - and - Erick E. Nordling, Esq. KRAMER, NORDLING & NORDLING, LLC 209 E. 6th St. Hugoton, KS 67951 Telephone: (316) 544-4333 E-mail: erick.nordling@nordlinglaw.com PELICIA HALL: Allowed to File Exhibit Under Seal in Alexander ------------------------------------------------------------- In the class action lawsuit captioned as ANDREW ALEXANDER, et al., V. PELICIA E. HALL, et al., Case No. 4:20-cv-00021-SA-JMV (N.D. Miss.), the Hon. Judge Jane M. Virden entered an order granting the Defendants' unopposed motion for leave to submit a legend to the court "in camera" identifying "Doe" plaintiffs and permitting defendants to file exhibit under seal. (1) Leave is granted for counsel on behalf of the Defendants, acting in concert with the Plaintiffs' counsel, to submit to the Court for in camera review a legend identifying the names of the Plaintiffs identified as "Doe 1" through "Doe 14" in both Parties' briefs on class certification and Defendants' previously filed exhibits in support of their response to Plaintiffs' motion for class certification; and (2) Leave is granted for the Defendants' counsel to file under seal, and restrict from public view, an un-redacted version of Plaintiffs' ARP records, a redacted version of which the Defendants previously filed as Exhibit 34 to their Response to The Plaintiffs' motion for class certification. Counsel for the Defendants are directed to submit an un-redacted version of ECF No. 196-34 via email transmission to the Northern District of Mississippi US District Court Clerk's Office at the following email address: ecf_information@msnd.uscourts.gov. A copy of the Court's order dated Mar. 8, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=9ooK9h at no extra charge.[CC] PENNEY OPCO: Filing for Class Cert Bid in Atkinson Due Nov. 15 -------------------------------------------------------------- In the class action lawsuit captioned as JACOB ATKINSON, individually and on behalf of all others similarly situated, v. PENNEY OPCO LLC, a foreign limited liability company, Case No. 2:23-cv-01806-BJR (W.D. Wash.), the Hon. Judge Barbara Rothstein sets the following deadlines and briefing schedule: Deadline Date Joinder of Parties Deadline: Apr. 8, 2024 Amended Pleadings: Apr. 18, 2024 Deadline to complete discovery on class Oct. 15, 2024 certification (not to be construed as a bifurcation of discovery): Deadline for Plaintiffs to file Motion Nov. 15, 2024 for Class Certification: Deadline for Defendant to file Dec. 20, 2024 Response to Motion for Class Certification Deadline for Plaintiffs to file Jan. 3, 2025 Reply in Support of Motion for Class Certification: Penney is an American department store chain. A copy of the Court's order dated March 11, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=fKPegr at no extra charge.[CC] PEPPERDINE UNIVERSITY: Court Amends Class Certification Order ------------------------------------------------------------- In the class action lawsuit captioned as Joseph Pinzon v. Pepperdine University (Pepperdine University Tuition and Fees COVID-19 Refund Litigation), Case No. 2:20-cv-04928-DMG-KS (C.D. Cal.), the Hon. Judge Dolly Gee entered an order approving stipulation to amend class certification order: -- The "Class" definition, as defined in the conclusion of the Court's Sept.26, 2023 order certifying class is amended. -- The Class certified under Federal Rule of Civil Procedure 23(b)(3) is defined as: All students who paid or were obligated to pay tuition, fees, or other costs to Pepperdine University for the Spring 2020 academic term. Excluded for this class definition are: (i) all students who enrolled in Pepperdine's education program that, prior to March 16, 2020, were offered exclusively online; (ii) all students who withdrew form the spring 2020 academic term; and/or (iii) Defendant, Defendant's officers, directors, agents, trustees, parents, children, corporations, trusts, representatives, employees, principals, servants, partners, joint ventures, or entities controlled by the Defendant, and their heirs, successors, assigns, or other people or entities related to or affiliated with the Defendant and/or Defendant's officers and/or directors, the judges assigned to this action, and any member of a judge's immediate family. Pepperdine University is a private research university affiliated with the Churches of Christ. A copy of the Court's order dated March 11, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=6BqJOk at no extra charge.[CC] PINNACLE TOO: Plaintiffs Class Cert Reply Extended to March 28 -------------------------------------------------------------- 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 Hon. Judge Jennifer Willis entered an order extending the Plaintiff's time to file their replies to the Defendants' oppositions to the Plaintiff's motion for class certification and the Plaintiff's motion for final collective certification from March 14, 2024 to March 28, 2024. On Feb. 28, 2024, the Court Granted the Defendants' fourth request to extend their deadline to oppose the motions from Feb. 29, 2024, until March 7, 2024, thus pushing the deadline of the Plaintiff's replies to March 14, 2024. This is the Plaintiff's first request for an extension of the deadline to file any motion papers. A copy of the Court's order dated March 12, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=R0tke4 at no extra charge.[CC] The Plaintiff is represented by: C.K. Lee, Esq. LEE LITIGATION GROUP, PLLC 148 West 24th Street, Eighth Floor New York, NY 10011 Telephone: (212) 465-1180 Facsimile: (212) 465-1181 E-mail: info@leelitigation.com PJ OPERATIONS: Crook FLSA Conditional Cert. Bid Granted in Part ---------------------------------------------------------------- In the class action lawsuit captioned as JOEY CROOK, et al., v. PJ OPERATIONS, LLC, d/b/a Papa John's Pizza, TOM WYLIE, and DAVID ALLEN, Case No. 5:21-cv-00321-KKC-MAS (E.D. Ky.), the Hon. Judge Karen Caldwell entered an order granting in part and denying in part the Plaintiff's motion for Fair Labor Standards Act (FLSA) conditional certification and notice to putative class members as follows: 1. The Court authorizes Crook to deliver notice of this FLSA action to the following group of potential opt-in plaintiffs: All current and former delivery drivers employed by the Defendants within the three years preceding the date of this Order with the following exceptions: 1) any members of the Rule 23 classes in Edwards, et al. v. PJ Ops Idaho, LLC, et al., Case. No. 1:17-283 (D. Id.) who worked for the Defendants on or before May 15, 2018; and 2) any individuals who were parties to the FLSA action in the Edwards case. 2. Within 30 days of the entry date of this order, the Plaintiff's counsel shall send notice to each of the potential opt-in plaintiffs; 3. The Defendants shall post the notice in plain view at all Papa John's locations; 4. Mr. Crook shall place the following statement in bold immediately below the case caption in the notice: 5. The parties shall meet and confer within 14 days of the entry date of this order Mr. Crook was a delivery driver for PJ Operations. He asserts that PJ Operations failed to pay him the minimum wage of $7.25 per hour in violation of the Fair Labor Standards Act. Mr. Crook asserts that the Defendants require that delivery drivers use their own automobiles to deliver food to customers. According to Mr. Crook, the reimbursement method used by the Defendants does not reimburse the drivers for their actual expenses or even a reasonable approximation of their expenses. Mr. Crook alleges that drivers are under-reimbursed to such an extent that their wages fall below the federal minimum wage during all workweeks. Crook brings the action as a collective action under the FLSA, seeking to recover the past wages and overtime hours Crook asserts that the Defendants owe him and other similarly situated drivers. A copy of the Court's order dated March 11, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=Hf4mqV at no extra charge.[CC] POLARIS INDUSTRIES: Court OK's Class Cert Notice in Guzman Lawsuit ------------------------------------------------------------------ In the class action lawsuit captioned as PAUL GUZMAN, v. POLARIS INDUSTRIES INC., et al., Case No. 8:19-cv-01543-FLA-KES (C.D. Cal.), the Hon. Judge Fernando Aenlle-Rocha entered an order approving joint stipulation regarding Plaintiff's motion for approval of notice of class certification. 1. The Plaintiff will provide Defendants with the URL of the class website and the verbatim contents of the website, including frequently asked questions, as well as the toll-free telephone number and the verbatim telephone script associated with the telephone number by March 15, 2024. 2. The Plaintiff will provide Defendants until March 22, 2024, to comment on those materials and the parties will meet and confer in good faith to come to an agreement on any proposed changes to the class notice by March 29, 2024. 3. The parties will seek approval of the court regarding the content of the website, including frequently asked questions, as well as the toll-free telephone number and the verbatim telephone script associated with the telephone number. A copy of the Court's order dated March 12, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=mHwGd3 at no extra charge.[CC] POLICYGENIUS LLC: Bid for Class Cert. in Torres Suit Due August 2 ----------------------------------------------------------------- In the class action lawsuit captioned as VALERIE TORRES et al., v. POLICYGENIUS, LLC, Case No. 2:24-cv-00166-SB-PD (C.D. Cal.), the Hon. Judge Stanley Blumenfeld, Jr. entered a case management order as follows: Pretrial Conference Feb. 14, 2025 (including hearing on motions in limine) Motion to Amend Pleadings/Add Parties May 10, 2024 (Hearing Deadline) Motion for Class Certification Aug. 2, 2024 Opposition to Motion for Class Certification Aug. 16, 2024 Reply Brief in Support of Class Certification Aug. 30, 2024 Motion for Class Certification Hearing Sept. 20, 2024 Discovery Deadline – Nonexpert Oct. 11, 2024 Discovery Deadline – Expert Nov. 8, 2024 PolicyGenius operates as an insurance broker. A copy of the Court's order dated March 12, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=xFjqJb at no extra charge.[CC] PROCTER & GAMBLE: Mannings Suit Removed to C.D. California ---------------------------------------------------------- The case captioned Mikkesha Mannings, Maureen Abernathy, Le Vasia Jordan, Natalie Masud, as individuals; and on behalf of all others similarly situated v. THE PROCTER & GAMBLE COMPANY, an Ohio Corporation; THIS IS L. INC., a Delaware Corporation, and DOES 1 through 20 inclusive, Case No. 23STCV30654 was removed from the Superior Court of the State of California for the County of Los Angeles, to the U.S. District Court for the Central District of California on March 7, 2024, and assigned Case No. 2:24-cv-01873. On the basis of the foregoing and other allegations in the Complaint, Plaintiffs assert causes of action against P&G for strict products liability-–failure to warn, fraudulent concealment, fraudulent misrepresentation, and violation of California's false advertising law, negligent misrepresentation, violation of the California Business and Professions Code, violation of the California Consumer Legal Remedies Act, and quasi contract/unjust enrichment.[BN] The Defendants are represented by: Adam R. Fox, Esq. Hannah J. Makinde, Esq. SQUIRE PATTON BOGGS (US) LLP 555 South Flower Street, 31st Floor Los Angeles, CA 90071 Phone: +1 213 624 2500 Facsimile: +1 213 623 4581 Email: adam.fox@squirepb.com hannah.makinde@squirepb.com - and - Scott A. Kane, Esq. SQUIRE PATTON BOGGS (US) LLP 201 E. Fourth St., Suite 1900 Cincinnati, Ohio 45202 Phone: +1 513 361 1200 Facsimile: +1 513 361 1201 Email: scott.kane@squirepb.com PROGRESS SOFTWARE: Rehm Suit Transferred to D. Massachusetts ------------------------------------------------------------ The case styled as Christopher Rehm, Individually and on behalf of all others similarly situated v. Progress Software Corporation a/k/a Progress, Welltok LLC, OSF Healthcare System, Case No. 1:24-cv-01014 was transferred from the U.S. District Court for the Central District of Illinois, to the U.S. District Court for the District of Massachusetts on March 7, 2024. The District Court Clerk assigned Case No. 1:24-cv-10581-ADB to the proceeding. The nature of suit is stated as Other Statutory Actions for Other Contract. Progress Software Corporation -- http://www.progress.com/-- is an American public company that produces software for creating and deploying business applications.[BN] The Plaintiffs are represented by: Ryan F. Stephan, Esq. James B. Zouras, Esq. STEPHAN ZOURAS, LLP 205 N. Michigan Avenue, Suite 2560 Chicago, IL 60601 Phone: (312) 233-1550 Email: rstephan@stephanzouras.com jzouras@stephanzouras.com - and - Molly Elizabeth Stemper, Esq. STEPHAN ZOURAS, LLP 222 W. Adams Street, Suite 2020 Chicago, IL 60606 Phone: (414) 467-3710 Email: mstemper@stephanzouras.com PROGRESSIVE DIRECT: Watson Must File Class Cert Reply by April 15 ----------------------------------------------------------------- In the class action lawsuit captioned as MELISSA WATSON, individually and purportedly on behalf of others similarly situated, V. PROGRESSIVE DIRECT INSURANCE COMPANY, Case No. 5:22-cv-00203-DCR-MAS (E.D. Ky.), the Hon. Judge Danny Reeves entered an order granting the Plaintiff Watson's motion for an extension of time to reply. The following schedule is amended for disposition of this case: -- 1. The Plaintiff has until April 15, 2024, to file a reply to the Defendant's response to the motion for class certification. -- 2. The Scheduling Order [Record No. 47] and Amended Scheduling Order [Record No 65] are not altered in any other respect. Progressive underwrites auto, fire, marine, and casualty insurance. A copy of the Court's order dated March 13, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=6zap4O at no extra charge.[CC] PROGRESSIVE DIRECT: Watson Seeks More Time to File Class Cert Reply ------------------------------------------------------------------- In the class action lawsuit captioned as MELISSA WATSON, individually and on behalf of others similarly situated, v. PROGRESSIVE DIRECT INSURANCE COMPANY, Case No. 5:22-cv-00203-DCR-MAS (E.D. Ky.), the Plaintiff moves the Court for a 17-day extension to file the Plaintiff's reply in support of the Plaintiff's motion for class certification through April 15, 2024. The Plaintiff states as follows: -- 1. This case is one of approximately 30 nearly identical statewide class actions against the Defendant and its affiliates challenging the calculation of the Projected Sold Adjustment ("PSA") in valuing total-loss claims. King & Spalding LLP represents the defendants in all the PSA Cases, and Shamis & Gentile P.A., Edelsberg Law P.A., Normand PLLC, and Carney Bates & Pulliam represent nearly all plaintiffs in the PSA Cases. -- 2. On October 25, 2023, the Parties jointly moved to modify the scheduling order by extending fact discovery and other scheduling order deadlines to allow sufficient time to complete discovery. Specifically, the extension of time was necessary to allow the Defendant sufficient time to produce 150 randomly selected claims files of putative class members that the Plaintiff requested and is essential to the Plaintiff's Motion for Class Certification and Expert Disclosures. The Parties also discussed and proposed a schedule for briefing class certification that accounts for existing deadlines in the approximately 30 similar cases involving the same counsel on both sides. -- 3. The Plaintiff's Motion for Class Certification was filed on February 2, 2024. -- 4. Pursuant to Local Rule 7.1(c), the Plaintiff's reply in Support of her motion for class certification will be due on March 29, 2024. -- 5. In their Joint Motion for Modification of the Scheduling Order, the Parties previously proposed a deadline of April 15, 2024, for the Plaintiff's reply. Progressive underwrites auto, fire, marine, and casualty insurance. A copy of the Plaintiff's motion dated March 12, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=LZumed at no extra charge.[CC] The Plaintiff is represented by: Andrew J. Shamis, Esq. Edwin Eliu Elliott, Esq. Christopher Berman, Esq. SHAMIS & GENTILE, P.A. 14 NE 1st Avenue, Suite 705 Miami, FL 33132 Telephone: (305) 479-2299 E-mail: ashamis@shamisgentile.com edwine@shamisgentile.com cberman@shamisgentile.com - and - Lee Lowther, Esq. Hank Bates, Esq. CARNEY BATES & PULLIAM, PLLC 519 West Seventh Street Little Rock, AR 72201 Telephone: (501) 312-8500 E-mail: llowther@cbplaw.com hbates@cbplaw.com - and - Christopher Gold, Esq. EDELSBERG LAW, P.A. 20900 NE 30th Avenue, Suite 417 Aventura, FL 33180 Telephone: (786) 289-9471 E-mail: chris@edelsberglaw.com - and - J. Gerard Stranch, IV, Esq. STRANCH, JENNINGS & GARVEY, PLLC 223 Rosa L. Parks Avenue Freedom Building, Suite 200 Nashville, TN 37203 Telephone: (615) 254-8801 E-mail: gstranch@stranchlaw.com QUALITY TEMPORARY: Class Settlement in Lockridge Gets Initial Nod ----------------------------------------------------------------- In the class action lawsuit captioned as MICHAEL LOCKRIDGE, individually and on behalf of all others similarly situated, v. QUALITY TEMPORARY SERVICES, INC. d/b/a QUALIFIED STAFFING, Case No. 4:22-cv-12086-FKB-APP (E.D. Mich.), the Hon. Judge F. Kay Behm entered an order granting preliminary approval of class action settlement. -- Pursuant to F.R.C.P. Rule 23 (b)(3) and (e) and for purposes of this Settlement only, the Court grants provisional certification to the following Settlement Class: "All U.S. residents who Qualified Staffing identified as being among those individuals impacted by the Data Breach, including all who were sent notice of the Data Breach. The Settlement Class specifically excludes: (i) Defendants and their respective officers and directors (ii) the Judge(s) to whom the action is assigned and any member of those Judges’ staffs or immediate family members; and (iii) any other Person found by a court of competent jurisdiction to be a guilty under criminal law of initiating, causing, aiding or abetting the criminal activity occurrence of the Data Incident or who pleads nolo contendere to any such charge. -- Plaintiff Michael Lochridge is preliminarily certified as Class Representative. -- The Court finds that A. Brooke Murphy and William B. Federman are experienced and adequate counsel and are provisionally designated as Class Counsel under Fed. R. Civ. P. 23(a)(4). -- The Court preliminarily finds that the proposed settlement should be approved as: (a) the result of serious and extensive arm's- length and non-collusive negotiations; (b) falling within a range of reasonableness warranting final approval; (c) having no obvious deficiencies; and (d) warranting notice of the proposed settlement to Settlement Class Members and further consideration of the settlement at the Final Approval Hearing. -- The Final Approval Hearing shall be held before this Court on July 18, 2024, at 2:00 p.m. -- The settlement claims administration firm Simpluris Legal Administration Services is appointed as Settlement Administrator to supervise and administer the notice procedure, as well as the processing of claims. A copy of the Court's order dated March 13, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=OLkvAX at no extra charge.[CC] RB ROYAL: Conditional Certification Deadline in Bohnert Extended ---------------------------------------------------------------- In the class action lawsuit captioned as Bohnert v. RB Royal Industries Inc., Case No. 2:23-cv-00141 (E.D. Wisc., Filed Feb. 03, 2023), the Hon. Judge Pamela Pepper entered an order granting Joint Civil L.R. 7(h) Expedited Non-Dispositive Motion to Extend Conditional Certification Deadline and to Continue Tolling Limitations Period for Putative Collective Members. -- The court entered an order that the time for the plaintiff to file his motion for class certification is extended until the end of the day on May 17, 2024. -- The court continues to toll the limitations period applicable to members of the conditionally certified collective(s) as of Nov. 3, 2023. The suit alleges violation of the Fair Labor Standards Act (FLSA). RB Royal designs and manufactures custom hose and tube assemblies as well as precision machined products for applications involving fluid.[CC] REALNETWORKS INC: Strougo Sues Over Misleading Proxy Statements --------------------------------------------------------------- BARBARA STROUGO, individually and on behalf of all others similarly situated, Plaintiff v. REALNETWORKS, INC., ROBERT GLASER, BRUCE A. JAFFE, CHRIS JONES, DAWN G. LEPORE, ERIC PRUSCH, MICHAEL B. SLADE, and TIM WAN, Defendants, Case No. 2:24-cv-00297 (W.D. Wash., March 4, 2024) is a shareholder class action brought by Plaintiff on behalf of the former minority shareholders of RealNetworks against RealNetworks and the former members of its Board of Directors, including Robert Glaser, the Company's Founder, Chairman, Chief Executive Officer and largest shareholder, for their violations of Sections 14(a) and 20(a) of the Securities Exchange Act of 1934 in connection with the acquisition of the Company by Glaser and Glaser's investment entities Greater Heights LLC and Greater Heights Acquisition LLC. On July 28, 2022, the Company announced it had signed a definitive agreement agreeing to sell the Company to Glaser for $0.73 per share for each share of Company stock that Glaser did not already own. At the time, the Company had over 47 million shares of common stock issued and outstanding and Glaser owned approximately 39% of the outstanding shares of RealNetworks's stock. The Transaction closed on December 21, 2022. According to the complaint, the Individual Defendants violated this clause of Section 14(a) because they negligently caused or allowed the Proxy to be issued with the intention of soliciting shareholder support of the Transaction, and the Proxy contained untrue statements of material fact that reasonable and diligent directors would have corrected prior to disseminating the Proxy. The Individual Defendants were negligent in allowing the Proxy to be disseminated with materially misleading statements regarding the Company's projections, the value of the Company, and the purported fairness of the Transaction and the reasons that supported its fairness. As directors of RealNetworks, the Individual Defendants had a duty to carefully review the Proxy before it was disseminated to ensure it did not omit statements of material fact. The Individual Defendants were negligent in carrying out their duty because, as set forth herein, the Proxy contains materially false and misleading statements, says the suit. As a direct and proximate result of the dissemination of the misleading Proxy the Individual Defendants used to obtain shareholder approval of the Transaction, Plaintiff and the Class have suffered damages and actual economic losses, the suit alleges. RealNetworks, Inc. provides network-delivered digital media applications and services to manage, play, and share digital media. RealNetworks, Inc. was founded in 1994 and is headquartered in Seattle, Washington.[BN] The Plaintiff is represented by: Duncan C. Turner, Esq. BADGLEY MULLINS TURNER, PLLC 19929 Ballinger Way NE, Suite 200 Seattle, WA 98155 Telephone: (206) 621-6566 E-mail: dturner@badgleymullins.com - and - Gustavo F. Bruckner, Esq. Samuel J. Adams, Esq. POMERANTZ LLP 600 Third Avenue, 20th Floor New York, NY 10016 Telephone: (212) 661-1100 E-mail: gfbruckner@pomlaw.com sjadams@pomlaw.com - and - Daniel Kuznicki, Esq. KUZNICKI LAW PLLC 445 Central Avenue Cedarhurst, NY 11516 Telephone: (347) 696-1134 E-mail: dk@kclasslaw.com RENTGROW INC: Portions of Summary Judgment Must be Sealed ---------------------------------------------------------- In the class action lawsuit captioned as Szewczyk v. RentGrow, Inc., Case No. 1:22-cv-10734 (D. Mass., Filed May 11, 2022), the Hon. Judge Myong J. Joun entered an order granting motion to seal portions of and/or exhibits to Defendants motion for summary judgment, statement of undisputed material facts, and opposition to class certification. -- Counsel will receive an email within 24 hours of this order with instructions for submitting sealed documents for which leave has been granted in accordance with the Local Rules of the U.S. District Court of Massachusetts. The suit alleges violation of the Fair Credit Reporting Act. RentGrow provides resident screening services to property owners and managers.[CC] RICKEYO CONSTRUCTION: Class Cert Notice Granted in Part ------------------------------------------------------- In the class action lawsuit captioned as CARLOS ESPINOZA GARCIA, RICARDO ORTIZ GARCIA, RAUL CRUZ JINEZ, and JARIO URIEL CRUZ PEREZ, on behalf of themselves and all others similarly situated, v. RICKEYO CONSTRUCTION, LLC, RICHARD OZMENT, individually, and BENJAMIN WARD, individually, Case No. 2:23-cv-02426-atc (W.D. Tenn.), the Hon. Judge Annie Christoff entered an order granting in part and denying in part the Plaintiffs' motion for court-approved notice to other employees and to equitably toll the statute of limitations. The request for equitable tolling as to potential plaintiffs is denied without prejudice. The request for Court-facilitated notice is granted, and the parties are instructed as follows: 1. The Plaintiffs are authorized to send notice of this matter to other employees, thus allowing those receiving notice to join the collective action as the Plaintiffs, with the eligible class of employees defined as follows: All individuals employed and paid by Rickeyo Construction, LLC from July 13, 2020, to present in jobs involving painting and construction who were compensated on an hourly basis and who were not paid an overtime premium for all hours worked in excess of 40 hours in a work week. 2. The Defendants are ordered to produce to the Plaintiffs' counsel within 10 days of this Order a list containing the names, last known addresses, last known email addresses, and phone numbers of all past and present hourly-paid employees employed by the Defendants from July 13, 2020, to present, satisfying the class definition. 3. The Plaintiffs are authorized to send notice, in the form attached as Exhibit A to the Plaintiffs' motion, and consent to join, in the form attached as Exhibit B to the Plaintiffs' motion, to all individuals whose names appear on the list produced by the Defendants' counsel by first-class mail and email so that they can assert their claims on a timely basis as part of this litigation. The Court said that "the Plaintiffs' motion to toll the statute of limitations is premature." On July 13, 2023, the Plaintiffs filed their complaint as a collective action pursuant to the Fair Labor Standards Act ("FLSA"). The Plaintiffs allege that the Defendants improperly classified and paid them, and all other similarly situated employees, as independent contractors. The Plaintiffs assert that they were actually employees because of the nature and degree of the Defendants' control over them. As a result, the Plaintiffs claim that they were improperly denied overtime compensation. A copy of the Court's order dated March 13, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=Px4Rl7 at no extra charge.[CC] ROCKET CO: Shupe Bid to Seal Class Certification Reply OK'd ----------------------------------------------------------- In the class action lawsuit captioned as CARL SHUPE, individually and on behalf of all others similarly situated, v. ROCKET COMPANIES, INC., JAY FARNER, DANIEL GILBERT, and ROCK HOLINGS, INC, Case No. 1:21-cv-11528-TLL-APP (E.D. Mich.), the Hon. Judge Thomas Ludington entered an order granting the Plaintiffs' motion to file under seal the Plaintiffs' reply in support of class certification. The further orders that the Plaintiffs are directed to file the full and unredacted version of their reply in support of their earlier, renewed motion for class certification under seal. Rocket is a Detroit-based fintech company consisting of mortgage, real estate and financial service businesses. A copy of the Court's order dated March 12, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=hA7tGm at no extra charge.[CC] SBS TRANSPORT: Stokes Must Prove Why Case Shouldn't Be Dismissed ---------------------------------------------------------------- In the class action lawsuit captioned as MANASSEH STOKES, v. SBS TRANSPORT, LLC, Case No. 4:20-cv-02084-JSW (N.D. Cal.), the Hon. Judge Jeffrey White entered an order directing the Plaintiff that by no later than March 18, 2024, to show cause, in writing, why this action should not be dismissed for failure to prosecute. -- Failure to timely respond to this Order will result in dismissal of this action without further notice. The Court also advises Plaintiff that filing a dismissal will not discharge this Order to Show Cause. -- On Nov. 6, 2023, the parties stipulated to amend the scheduling order to extend their deadline to mediate to January 12, 2024. -- In their stipulation, which was approved by the Court, the parties represented that extending the mediation deadline would not impact the class certification briefing schedule. Per the scheduling order, the Plaintiff had until Feb. 20, 2024, to file a motion for class certification. SBS provides auto-hauling service. A copy of the Court's order dated March 11, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=2PvhSj at no extra charge.[CC] SCISSORTAIL ENERGY: Dinsmore Suit Seeks to Certify Settlement Class ------------------------------------------------------------------- In the class action lawsuit captioned as Marvin B. Dinsmore, et al., on behalf of themselves and all others similarly situated, v. Scissortail Energy, LLC, Case No. 6:22-cv-00352-GLJ (E.D. Okla.), the Plaintiffs request that the Court enter the agreed proposed preliminary approval order, through which the Court will: (1) certify the Settlement Class for Settlement purposes; (2) preliminarily approve the Settlement; (3) appoint the Plaintiffs as Class Representatives for the Settlement Class; (4) appoints Reagan E. Bradford and Ryan K. Wilson as Co-Lead Class Counsel and James U. White, Jr. as Additional Counsel for the Settlement Class; (5) approve the form and manner of the proposed Notice; (6) appoint JND Legal Administration as Settlement Administrator; and (7) set a hearing date for final approval of the Settlement and application for an award of the Plaintiffs' attorneys' fees, litigation expenses and administration, notice, and distribution costs, and a case contribution award to the Plaintiffs. After over one year of litigation, Plaintiffs have obtained a great recovery for the Settlement Class, reaching a settlement with the Defendant worth $825,000 in cash for Plaintiffs' class claims for statutory interest owed on late payments of oil and gas proceeds under Oklahoma law. Accordingly, the Plaintiffs move the Court to certify Settlement Class consisting of: All non-excluded persons or entities who, during the Claim Period: (1) received Late Payments from Defendant for oil-and- gas proceeds from Oklahoma wells; or whose proceeds were sent as unclaimed property to a government entity by the Defendant; and (2) who have not already been paid statutory interest on the Late Payments. A “Late Payment” for purposes of this class definition means payment of proceeds from the sale of oil or gas production from an oil-and-gas well after the statutory periods identified in Okla. Stat. tit. 52, section 570.10(B)(1) (e.g., commencing not later than six (6) months after the date of first sale, and thereafter not later than the last day of the second succeeding month after the end of the month within which such production is sold). Late Payments do not include: (a) payments of proceeds to an owner under Okla. Stat. tit. 52, 570.10(B)(3) (minimum pay) or (b) prior period adjustments. Excluded from the Class are: (1) Defendant, its parents, affiliates, predecessors, and employees, officers, and directors; (2) agencies, departments, or instrumentalities of the United States of America or the State of Oklahoma; (3) any Indian tribe as defined at 30 U.S.C. section 1702(4) or Indian allottee as defined at 30 U.S.C. section 1702(2); and (4) Jack Mattingly, Kay Mattingly, Mike Healy Trust, f/k/a Mike Healy, d/b/a MCR Investments, C.E. Garrett, G&W, a Partnership, J.W. McTeirnan, Maxine Reynolds, Trustee of the Roy J. Reynolds and Maxine M. Reynolds Revocable Trust of Oct. 30, 2020, and J.W. McTiernan. ScissorTail is an integrated electric company. A copy of the Plaintiffs' motion dated March 13, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=2Zm0cg at no extra charge.[CC] The Plaintiffs are represented by: Reagan E. Bradford, Esq. Ryan K. Wilson, Esq. BRADFORD & WILSON PLLC 431 W. Main Street, Suite D Oklahoma City, OK 73102 Telephone: (405) 698-2770 E-mail: reagan@bradwil.com ryan@bradwil.com –and– James U. White, Jr., Esq. WHITE, COFFEY AND FITE, P.C. Oklahoma City, OK 73154 Telephone: (405) 842-7545 E-mail: jwhite@wcgflaw.com SEAWORLD PARKS: Plaintiffs' Bid for Leave to Amend Granted in Part ------------------------------------------------------------------ In the class action lawsuit captioned as QUINTON BURNS et al., v. SEAWORLD PARKS & ENTERTAINMENT, INC., SEAWORLD PARKS & ENTERTAINMENT, LLC AND JOHN DOES 1,2,3 AND 4, Case No. 2:22-cv-02941-WB (E.D. Pa.), the Hon. Judge Wendy Beetlestone entered an order granting in part and denying in part the Plaintiffs' motion for leave to amend. The Plaintiffs move for leave to amend their First Amended Complaint, Fed. R. Civ. P. 15(a)(2), 16(b)(4), to reflect the broader proposed class that they seek to certify in their Motion for Class Certification and to include a negligent supervision claim that previously was dismissed without prejudice. The case arises out of allegations of racial discrimination at Defendant SeaWorld in Langhorne, Pennsylvania Plaintiffs' First Amended Complaint alleged violations of 42 U.S.C. section 1981 and negligence. SeaWorld is a leading theme park and entertainment company. A copy of the Court's opinion dated Mar. 8, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=dMDTZm at no extra charge.[CC] SELECT REHAB: Class Cert. Filing in McLauglin Extended to May 17 ---------------------------------------------------------------- In the class action lawsuit captioned as CHRISTINE MCLAUGHLIN, CRYSTAL VANDERVEEN, and JUSTIN LEMBKE, and SCOTT HARDT, individually and on behalf of all others similarly situated, V. SELECT REHABILITATION, LLC, Case No. 3:22-cv-00059-HES-MCR (M.D. Fla.), the Hon. Judge Harvey Schlesinger entered an order extend-ng the previously set mediation deadline to May 3, 2024. -- The deadline to file for class certification will now be May 17, 2024. -- All other deadlines set in this Court's previous order remain unchanged. Select is a provider of comprehensive rehabilitation services. A copy of the Court's order dated March 14, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=iZ6XTR at no extra charge.[CC] SERGEANT THOMAS: Stoudemire Files Suit in D. South Carolina ----------------------------------------------------------- A class action lawsuit has been filed against Soojimus, LLC. The case is styled as Hazel Stoudemire, SR, in other words, for all persons who are "similarly situated" v. Sergeant Thomas, Lieutenant Priester, Captain Livingston, Bryan Stirling, Case No. 2:24-cv-01163-JFA-MGB (D.S.C., March 7, 2024). The nature of suit is stated as Prison Condition for Civil Rights Act. Sergeant Thomas served as a Supply Quality Assurance NCO and Chief Martial Arts Instructor at Blount Island Command.[BN] The Plaintiff appears pro se. SHEARER'S FOODS: Moore Conditional Cert. Bid OK'd ------------------------------------------------- In the class action lawsuit captioned as LYNN MOORE, et al., v. SHEARER'S FOODS LLC, Case No. 5:22-cv-01017-JRA (N.D. Ohio), the Hon. Judge John Adams entered an order granting the Plaintiffs' pre-discovery motion for conditional certification and court-supervised notice to potential Opt-In Plaintiffs Pursuant to 29 U.S.C. section 216(b). The Court says that it must consider the proper notice to be sent out to potential plaintiffs. The parties' briefing has indicated a disagreement over the proposed notice. However, there is no indication that the parties have met and conferred to determine whether a middle ground can be reached so that a notice can be sent that is agreeable to all parties. The parties are therefore instructed to meet and confer, the Court adds. Collectively, the Court interprets the affidavits from Named Plaintiffs and several others to indicate a strong likelihood that hourly production and manufacturing employees throughout the company are similarly situated, as it appears the policies surrounding pre-shift donning and huddles, clock-in restrictions, breaks, and bonus structures applied companywide. Accordingly, the motion is granted. The Plaintiffs initiated this collective action pursuant to the FLSA. They allege that Shearer’s employed three companywide policies that led to unpaid overtime for hourly production/manufacturing employees, and thus violations of the Fair Labor Standards Act (FLSA). Shearer's is a U.S. manufacturer and distributor of snack foods. A copy of the Court's order dated March 14, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=nG5lHN at no extra charge.[CC] SPERO THERAPEUTICS: Bid to Dismiss Germond & Memon Suit Pending --------------------------------------------------------------- Spero Therapeutics Inc. disclosed in its Form 10-K Report for the fiscal period ending December 31, 2023 filed with the Securities and Exchange Commission on March 13, 2024 that the consolidated Germond and Memon class suit dismissal motion remains pending in the United States District Court for the Eastern District of New York. Two putative class action lawsuits were filed against the Company and certain of its current and former executive officers in the United States District Court for the Eastern District of New York, one captioned Richard S. Germond v. Spero Therapeutics, Inc., Ankit Mahadevia, and Satyavrat Shukla, Case No. 1:22-cv-03125, filed on May 26, 2022, and the other captioned Kashif Memon v. Spero Therapeutics, Inc., Ankit Mahadevia, and Satyavrat Shukla Case No. 1:22-cv-04154, filed on July 15, 2022. The parties moved to consolidate the two complaints on July 22, 2022, which were ordered consolidated on August 5, 2022 ("Consolidated Putative Class Action"). The parties filed an Amended Complaint on December 5, 2022, purported to be brought on behalf of stockholders who purchased our common stock from September 8, 2020 through May 2, 2022. The Amended Complaint generally alleges that the Company and certain of its officers violated Sections 10(b) and/or 20(a) of the Securities Exchange Act of 1934, as amended (the "Exchange Act") and Rule 10b-5 promulgated thereunder by making allegedly false and/or misleading statements concerning the New Drug Application ("NDA") for tebipenem HBr in an effort to lead investors to believe that the drug would receive approval from the FDA. Plaintiffs seek unspecified damages, interest, attorneys' fees, and other costs. The Company filed a fully-briefed Motion to Dismiss on June 21, 2023. The Court has not yet ruled on the Motion. Spero Therapeutics, Inc., together with its consolidated subsidiaries is a multi-asset, clinical-stage biopharmaceutical company focused on identifying, developing, and commercializing novel treatments for bacterial infections, including multi-drug resistant bacterial infections, and rare diseases. STALLION EXPRESS: McCatty Class Suit Seeks Conditional Class Cert. ------------------------------------------------------------------ In the class action lawsuit captioned as MAXWELL McCATTY, individually and on behalf of all others similarly situated, v. STALLION EXPRESS, LLC and PHARMSCRIPT, LLC d/b/a PHARMSCRIPT of MA and others, Case No. 1:24-cv-10224-MRG (D. Mass.), the Plaintiff asks the Court to enter an order allowing conditional certification of the collective action, and authorizing notice to issue to a putative class consisting of the following group of individuals: All individuals who worked as Couriers for Stallion Express, LLC and/or Pharmscript, LLC within the three years preceding the filing of the complaint (Jan. 29, 2021) in this matter through the present. Stallion Express provides pharmaceutical courier services that help pharmacies. A copy of the Plaintiff's motion dated March 12, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=HODZMK at no extra charge.[CC] The Plaintiff is represented by: Adam J. Shafran, Esq. RUDOLPH FRIEDMANN LLP 92 State Street Boston, MA 02109 Telephone: (617) 723-7700 Facsimile: (617) 227-0313 STATE FARM: Bid for Class Certification in Gulick Due April 26 -------------------------------------------------------------- In the class action lawsuit captioned as PAULA GULICK and SHARON SCHLEHUBER, on behalf of themselves and all others similarly situated, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., Case No. 2:21-cv-02573-TC-TJJ (D. Kan.), the Hon. Judge Teresa J. James entered an order granting the unopposed motion and setting the Third Amended Phase I Scheduling Order as follows: Event Deadline/Setting Defendant's expert disclosures for March 29, 2024 class certification due Motion for class certification + April 26, 2024 Defendant's motion for summary judgment on individual claims or issues + any motions to exclude expert testimony under Rule 702 to be filed by: Response to motions to be filed by: May 24, 2024 Replies to responses to motions to June 21, 2024 be filed by: All Phase I discovery completed June 21, 2024 Parties to email chambers of Within two weeks of the Magistrate Judge to schedule Court's ruling on class Phase II scheduling or status certification conference State Farm offers insurance products for health, disability, professional liability, auto, motorcycles, sport and leisure vehicle. A copy of the Court's order dated March 12, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=N2pQ4C at no extra charge.[CC] T.L. CANNON: Must File Application Regarding Sealing of Exhibits ---------------------------------------------------------------- In the class action lawsuit captioned as Dees et al v. T.L. Cannon Corp. et al., Case No. 5:20-cv-01537 (N.D.N.Y., Filed Dec. 10, 2020), the Hon. Judge Brenda K. Sannes entered an order directing the Defendants make an application to the Court setting forth the reasons that referenced exhibits should be sealed under the governing legal standard. In conjunction with the plaintiff's motion to certify class and for leave to file first amended complaint, the Plaintiff has filed a letter motion requesting leave to file under seal certain exhibits. The suit alleges violation of the Fair Labor Standards Act.[CC] TARGET CORP: Continues to Defend Federal Securities Class Suit -------------------------------------------------------------- Target Corp. disclosed in its Form 10-K Report for the fiscal period ending December 31, 2023 filed with the Securities and Exchange Commission on March 13, 2024 that the Company continues to defend itself from the federal securities class suit in the United States District Court for the District of Minnesota. On March 29, 2023, Target Corporation and certain of its officers were named as defendants in a purported federal securities law class action filed in the United States District Court for the District of Minnesota. The plaintiff filed an amended complaint on December 15, 2023, which alleges violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, as amended, and Rule 10b-5 relating to certain prior disclosures of Target about its business model, strategy, and inventory. The plaintiff seeks to represent a class of shareholders who purchased or otherwise acquired Target common stock between November 17, 2021 and May 17, 2022. The plaintiff seeks damages and other relief, including attorneys' fees, based on allegations that the defendants misled investors about Target's business model, strategy, and inventory and that such conduct affected the value of Target common stock. Target intends to vigorously defend this lawsuit. TIOGA DOWNS: Final Approval of Class Settlement Sought in Potter ---------------------------------------------------------------- In the class action lawsuit captioned as DAVID POTTER, on behalf of himself and others similarly situated, v. TIOGA DOWNS RACETRACK, LLC, Case No. 3:22-cv-00869-BKS-ML (N.D.N.Y.), the Plaintiff moves the Court pursuant to Rule 23 of the Federal Rules of Civil Procedure and 29 U.S.C. section 216(b) for an order: -- Granting final certification to the previously certified Settlement Class and previously certified Settlement Collective, and -- Granting final approval to the Settlement Agreement and all terms thereof. Tioga Downs is a county-fair-themed standardbred racetrack and commercial casino. A copy of the Plaintiff's motion dated March 13, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=1B219V at no extra charge.[CC] The Plaintiff is represented by: Matthew D. Carlson, Esq. LAW OFFICE OF MATTHEW D. CARLSON 3959 N. Buffalo Road, Suite 29 Orchard Park, NY 14127 Telephone: (716) 242-1234 E-mail: mdcarlson@mdcarlsonlaw.com TRANSAMERICA LIFE: Wollam Loses Bid for Class Certification ----------------------------------------------------------- In the class action lawsuit captioned as CYNTHIA WOLLAM, v. TRANSAMERICA LIFE INSURANCE COMPANY, Case No. 4:21-cv-09134-JST (N.D. Cal.), the Hon. Judge Jon Tigar entered an order denying Wollam's motion for class certification. The Court finds that the proposed class fails to satisfy the predominance requirement of Rule 23(b)(2) and the typicality requirement of Rule 23(a), and certification under Rule 23(c)(4) would not materially advance the litigation. The case about the rights of life insurance policyholders who fail to pay their premiums on time. Sections 10113.71 and 10113.72 of the California Insurance Code, effective January 1, 2013, "changed the grace period and notice requirements for life insurance policies in California." The Plaintiff Cynthia Wollam alleges that, since January 2013, Defendant Transamerica Life Insurance Company (TLIC) "has wrongfully terminated thousands of life insurance policies in violation of" the Statutes. Specifically, Wollam alleges that TLIC has failed "to provide full 60-day grace periods contained in the policy"; failed "to mail compliant accurate and timely 30-day pending lapse notices" to policy owners; failed "to provide annual notifications to policy owners" of their rights to designate; wrongfully terminated policies in contravention of the Statutes; and breached the Statutes and the terms of its policies in other respects. She alleges that these failures by TLIC constitute breach of contract with its insureds and violate California's unfair competition law. She defines the proposed class as: All beneficiaries who made a claim, or would have been eligible to make a claim, for the payment of benefits on the Defendant's life insurance policies issued or delivered in California that lapsed or were terminated for nonpayment of premium on or after Jan. 1, 2013, without the Defendant first providing every notice, grace period, and offer of designation required by Insurance Code Sections 10113.71 and 10113.72. Transamerica offers life, health, and dental insurance. A copy of the Court's order dated March 13, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=rcxdex at no extra charge.[CC] TULANE UNIVERSITY: Must Oppose Jones Class Cert Bid by April 16 --------------------------------------------------------------- In the class action lawsuit captioned as SYLVIA JONES and JOHN ELLIS, on behalf of themselves and other individuals similarly situated, v. ADMINISTRATORS OF THE TULANE EDUCATIONAL FUND D/B/A THE TULANE UNIVERSITY OF LOUISIANA A/K/A TULANE UNIVERSITY, Case No. 2:20-cv-02505-DJP-MBN (E.D. La.), the Hon. Judge Darrel James Papillion entered an order modifying the case management schedule for class certification-related briefs, motions for summary judgment, and to reset trial date, pretrial conference date, and related pretrial deadlines: Event Prior Date Proposed New Date Plaintiffs file Motion for Class March 14, 2024 March 21, 2024 Certification Defendant's written expert March 15, 2024 March 22, 2024 reports and disclosures for case-in-chief served on Plaintiffs Opposition to Motion for Class April 9, 2024 April 16, 2024 Certification Reply Brief on Motion for April 23, 2024 April 30, 2024 Class Certification Hearing on Class Certification On briefs unless May 1, 2024 specified otherwise by the Judge Submission Date Tulane is a private research university in New Orleans, Louisiana. A copy of the Court's order dated March 13, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=nki5BV at no extra charge.[CC] TULANE UNIVERSITY: Parties Seek to Modify Case Management Schedule ------------------------------------------------------------------ In the class action lawsuit captioned as SYLVIA JONES and JOHN ELLIS, on behalf of themselves and other individuals similarly situated, v. ADMINISTRATORS OF THE TULANE EDUCATIONAL FUND D/B/A THE TULANE UNIVERSITY OF LOUISIANA A/K/A TULANE UNIVERSITY, Case No. 2:20-cv-02505-DJP-MBN (E.D. La.), the Parties move the Court for an order modifying the case management deadlines, including to: -- postpone the deadlines for briefing on Plaintiffs' anticipated motion for class certification by 7 days for a May 1, 2024 submission date, -- extend the Defendant's expert report deadline 7 days to March 22, 2024, -- extend the motion for summary judgment deadline for a May 1, 2024 submission date, and -- reset the trial date, pretrial conference, and other related deadlines pending this Court's opinions on class certification and summary judgment. A copy of the Parties' motion dated March 12, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=He7Y3F at no extra charge.[CC] The Plaintiffs are represented by: James A. Francis, Esq. John Soumilas, Esq. FRANCIS MAILMAN SOUMILAS, P.C. 1600 Market Street, Suite 2510 Philadelphia, PA 19103 Telephone: (215) 735-8600 Facsimile: (215) 940-8000 E-mail: jfrancis@consumerlawfirm.com jsoumilas@consumerlawfirm.com - and - Michael A. Tompkins, Esq. LEEDS BROWN LAW, P.C. One Old Country Road, Suite 347 Carle Place, NY 11514 Telephone: (516) 873-9550 E-mail: mtompkins@leedsbrownlaw.com - and - Yvette Golan, Esq. THE GOLAN FIRM 2000 M Street, NW, Suite #750-A Washington, D.C. 20036 Telephone: (866) 298-4150 Facsimile: (928) 441-8250 E-mail: ygolan@tgfirm.com - and - David A. Szwak, Esq. BODENHEIMER, JONES & SZWAK, LLC 416 Travis Street, Ste. 800 Mid South Tower Shreveport, LA 71101 Telephone: (318) 424-1400 Facsimile: 221-6555 The Defendant is represented by: James M. Garner, Esq. Martha Y. Curtis, Esq. Joshua S. Force, Esq. Stuart D. Kottle, Esq. SHER GARNER CAHILL RICHTER KLEIN & HILBERT, L.L.C. 909 Poydras Street, 28th Floor New Orleans, LA 70112 Telephone: (504) 299-2100 Facsimile: (504) 299-2300 E-mail: jgarner@shergarner.com mcurtis@shergarner.com jforce@shergarner.com skottle@shergarner.com - and - M. Scott Barnard, Esq. Brennan H. Meier, Esq. Jessica Mannon, Esq. AKIN GUMP STRAUSS HAUER & FELD LLP 2300 N. Field Street, Suite 1800 Dallas, TX 75201 Telephone: (214) 969-2800 Facsimile: (214) 969-4343 E-mail: sbarnard@akingump.com bhmeier@akingump.com jmannon@akingump.com TURTLE BEACH: To File Defense Statement Complaint on April 30 ------------------------------------------------------------- Turtle Beach Corp. disclosed in its Form 10-K Report for the fiscal period ending December 31, 2023 filed with the Securities and Exchange Commission that the Company is set to file statement of defense complaint on April 30, 2024. On August 5, 2013, VTB Holdings, Inc. ("VTBH") and the Company (f/k/a Parametric Sound Corporation) announced that they had entered into the Merger Agreement pursuant to which VTBH would acquire an approximately 80% ownership interest and existing shareholders would maintain an approximately 20% ownership interest in the combined company (the "Merger"). Following the announcement, several shareholders filed class action lawsuits in California and Nevada seeking to enjoin the Merger. The plaintiffs in each case alleged that members of the Company's Board of Directors breached their fiduciary duties to the shareholders by agreeing to a merger that allegedly undervalued the Company. VTBH and the Company were named as defendants in these lawsuits under the theory that they had aided and abetted the Company's Board of Directors in allegedly violating their fiduciary duties. The plaintiffs in both cases sought a preliminary injunction seeking to enjoin closing of the Merger, which, by agreement, was heard by the Nevada court with the California plaintiffs invited to participate. On December 26, 2013, the court in the Nevada case denied the plaintiffs’ motion for a preliminary injunction. Following the closing of the Merger, the Nevada plaintiffs filed a second amended complaint, which made essentially the same allegations and sought monetary damages as well as an order rescinding the Merger. The California plaintiffs dismissed their action without prejudice, and sought to intervene in the Nevada action, which was granted. Subsequent to the intervention, the plaintiffs filed a third amended complaint, which made essentially the same allegations as prior complaints and sought monetary damages. On June 20, 2014, VTBH and the Company moved to dismiss the action, but that motion was denied on August 28, 2014. On September 14, 2017, a unanimous en banc panel of the Nevada Supreme Court granted defendants' petition for writ of mandamus and ordered the trial court to dismiss the complaint but provided a limited basis upon which plaintiffs could seek to amend their complaint. Plaintiffs amended their complaint on December 1, 2017 to assert the same claims in a derivative capacity on behalf of the Company, as a well as in a direct capacity, against VTBH, Stripes Group, LLC, SG VTB Holdings, LLC, and the former members of the Company's Board of Directors. All defendants moved to dismiss this amended complaint on January 2, 2018, and those motions were denied on March 13, 2018. Defendants petitioned the Nevada Supreme Court to reverse this ruling on April 18, 2018. On June 15, 2018, the Nevada Supreme Court denied defendants' writ petition without prejudice. The district court subsequently entered a pretrial schedule and set trial for November 2019. On January 18, 2019, the district court certified a class of shareholders of the Company as of January 15, 2014. On October 11, 2019, the parties notified the district court that they had reached a settlement that would resolve the pending action if ultimately approved by the Court. On January 13, 2020, the district court preliminarily approved the settlement between the plaintiffs and all defendants. A final hearing was held on May 18, 2020, wherein the Court approved the settlement and entered final judgment. On May 22, 2020, PAMTP LLC, which purports to hold the claims of eight shareholders who opted out of the class settlement described above, brought suit against the Company, the Company's former Chief Executive Officer, Juergen Stark, Stripes Group, LLC, SG VTB Holdings, LLC, Kenneth Fox, and former members of the Company's Board of Directors in Nevada state court. This opt-out action asserts the same direct claims that were asserted by the class of shareholders described above. The defendants filed two motions to dismiss this complaint, which were heard on August 10, 2020. The Court denied those motions by order of August 20, 2020. The case was tried in August 2021 and all remaining defendants, including the Company, prevailed on all counts with final judgment entered in their favor on September 3, 2021. Plaintiff is appealing that judgment. Employment Litigation: On April 20, 2017, a former employee filed an action in the Superior Court for the County of San Diego, State of California. The complaint alleges claims including wrongful termination, retaliation and various other provisions of the California Labor Code. The complaint seeks unspecified economic and non-economic losses, as well as allegedly unpaid wages, unreimbursed business expenses statutory penalties, interest, punitive damages and attorneys’ fees. The Company filed a cross-complaint against the former employee on May 25, 2017 for certain activities related to his employment with the Company. The matter was tried between September 24 and October 7, 2021. On October 8, 2021 a jury rendered a unanimous verdict in favor of the Company on the employment claims. The Court granted a directed verdict to the Company on its Cross- Complaint against the former employee. Judgment was entered in favor of the Company on October 27, 2021. On December 20, 2021, the former employee filed a notice of appeal of the judgment. On November 14, 2023, the court of appeal issued its opinion affirming the judgment in favor of the Company. On the Company's Cross-Complaint, the court directed the Company to elect either punitive or statutory treble damages, but otherwise affirmed. Insolvency Dispute in Germany: On February 15, 2024, TBC Holding Company LLC ("TBCH"), a wholly-owned subsidiary of Turtle Beach Corporation, was served with a lawsuit that was brought to the German Higher Regional Court in Stade by the insolvency administrator of KJE Europe GmbH, a company registered and existing under the laws of Germany. In his complaint, the insolvency administrator claims that TBCH is liable to reimburse any payments received by the TBCH under a certain settlement agreement with KJE Europe GmbH dated June 30, 2020. TBCH does not believe the claims have merit and intends to defend itself in this proceeding. TBCH will file its statement of defense to the complaint by April 30, 2024. The Company will continue to vigorously defend itself in the foregoing matters. UNION PACIFIC: Court Narrows Claims in Cushman Suit --------------------------------------------------- In the class action lawsuit captioned as MICHAEL CUSHMAN, v. UNION PACIFIC RAILROAD COMPANY, Case No. 8:23-cv-00196-BCB-SMB (D. Neb.), the Hon. Judge Brian C. Buescher  entered an order that: 1. The Defendant Union Pacific's Motion to Dismiss, is granted in part and denied in part; and 2. The Defendant Union Pacific's Objection to plaintiff Cushman's Notice of Supplemental Authority, is overruled. The Plaintiff Cushman has sued his former employer defendant Union Pacific Railroad Company under the Americans with Disabilities Act (ADA). The Court previously dismissed Cushman's original Complaint but granted him leave to amend. Cushman alleges two counts of disability discrimination on disparate-treatment theories under the ADA. Count I asserts a claim under 42 U.S.C. section 12112(a), alleging that "Union Pacific discriminated against Cushman on the basis of disability by, among other things, removing him from service because of a disability." Count II asserts a claim under section 12112(b)(6), alleging: Union Pacific discriminated against Cushman on the basis of disability by using facially discriminatory qualification standards, employment tests, and/or other selection criteria, as part of its Fitness-For-Duty program and related policies, that are intended to screen out individuals with disabilities, and which did screen out Cushman. Union is a publicly traded railroad holding company. A copy of the Court's order dated March 12, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=yM4T2V at no extra charge.[CC] UNITED BEHAVIORAL: Considers Sealing of Docs in Class Suit ---------------------------------------------------------- In the class action lawsuit captioned as LD, DB, BW, RH and, CJ, on behalf of themselves and all others similarly situated, v. UNITED BEHAVIORAL HEALTH, a California Corporation, UNITEDHEALTHCARE INSURANCE COMPANY, a Connecticut Corporation, and MULTIPLAN, INC., a New York corporation, Case No. 4:20-cv-02254-YGR (N.D. Cal.), the Defendants file an interim administrative motion to seal and to consider whether another party's material should be sealed. Pursuant to the Feb. 13, 2024 stipulation and order modifying sealing procedures and Civil Local Rules 7-11(b), 79-5(c), and 79-5(f)(3), the Defendants move to seal portions of their opposition to the Plaintiffs' renewed motion to class certification as well as certain declarations and exhibits filed in support thereof. The reasons for sealing will be discussed in a forthcoming omnibus sealing motion to be filed jointly by the parties, with supporting declarations from any affected third parties "within 14 days after the conclusion of briefing on the underlying motion or filing." Separately, certain documents filed publicly and under seal contain redactions for sensitive information consistent with Fed. R. Civ. P. 5-2 and this District's guidance. United Behavioral provides management services on a contract and fee basis. A copy of the Defendants' motion dated March 14, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=gNgzya at no extra charge.[CC] The Defendants are represented by: Lauren M. Blas, Esq. Geoffrey Sigler, Esq. Derek K. Kraft, Esq. GIBSON, DUNN & CRUTCHER LLP 333 South Grand Avenue Los Angeles, CA 90071-3197 Telephone: (213) 229-7000 Facsimile: (213) 229-7520 E-mail: lblas@gibsondunn.com gsigler@gibsondunn.com dkraft@gibsondunn.com - and - Errol J. King, Jr., Esq. Craig L. Caesar, Esq. Katherine Cicardo Mannino, Esq. Taylor J. Crousillac, Esq. Brittany H. Alexander, Esq. PHELPS DUNBAR LLP II City Plaza 400 Convention Street, Suite 1100 Baton Rouge, LA 70802 Telephone: (225)376-0207 E-mail: Errol.King@phelps.com Craig.Caesar@phelps.com Katie.Mannino@phelps.com Taylor.Crousillac@phelps.com Brittany.Alexander@phelps.com - and - Dennis B. Kass, Esq. Adam D. Afshar, Esq. MANNING & KASS ELLROD, RAMIREZ, TRESTER LLP One California Street, Suite 900 San Francisco, CA 94111 Telephone: (415) 217-6900 E-mail: dennis.kass@manningkass.com adam.afshar@manningkass.com UNITED STATES: Bid to Certify Class Withdrawn w/o Prejudice ----------------------------------------------------------- In the class action lawsuit captioned as Astakhov, et al., v. United States Citizenship and Immigration Services, et al., Case No. 1:23-cv-07565 (E.D.N.Y., Filed Oct. 17, 2023), the Hon. Judge Frederic Block entered an order marking motion to certify class withdrawn without prejudice. The nature of suit states statutory actions. U.S. Citizenship and Immigration Services is an agency of the United States Department of Homeland Security that administers the country's naturalization and immigration system.[CC] UNITED STATES: Davis Files Suit in U.S. Ct. of Fed. Cl. ------------------------------------------------------- A class action lawsuit has been filed USA. The case is styled as Rodney L. Davis, Thomas M. Davis, III, Eric A. Crawford, Edwin G. Perlmutter, on behalf of himself and all others similarly situated v. USA, Case No. 1:24-cv-00364-EGB (U.S. Ct. of Fed. Cl., March 7, 2024). The nature of suit is stated as Miscellaneous – Damages for Tucker Act. The U.S. -- https://www.usa.gov/ -- 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 are represented by: Kenneth Cuccinelli, II, Esq. KENNETH T. CUCCINELLI, II, ATTORNEY AT LAW 10007 N. Harris Farm Road Spotsylvania, VA 22553 Phone: (804) 286-2550 Email: KTCLaw@proton.me UNITED STATES: Parties Must Explain Why Discovery Should Be Open ---------------------------------------------------------------- In the class action lawsuit captioned as BARBEL PERISSA, on behalf of herself and all others similarly situated, v. UNITED STATES POLO ASSOCIATION, et al., Case No. 1:23-cv-10650-VSB (S.D.N.Y.), the Hon. Judge Vernon Broderick entered an order that the parties shall file a joint letter, by March 19, 2024, explaining why discovery should remain open while the Court considers Plaintiff's anticipated motion for class certification. -- To the extent the parties disagree on one or more issues, the parties should set forth their respective positions as to each disputed issue in separately designated sections of the joint letter. Rather than list specific dates for the discovery deadlines, the parties tethered several of the dates in the CMP to the date of my decision on the Plaintiff's anticipated motion for class certification, which Plaintiff proposes filing by Dec. 6, 2024. A copy of the Court's order dated March 12, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=zyusd9 at no extra charge.[CC] UNITED STATES: Parties Seek to Dismiss Class Suit w/o Prejudice ---------------------------------------------------------------- In the class action lawsuit captioned as ANIKA OKJE ERDMANN-BROWNING and JACQUELINE BENITEZ, individually and on behalf of all others similarly situated, v. THOMAS J. VILSACK, Secretary of the United States Department of Agriculture, in his official capacity; SHALANDA YOUNG, Director of the United States Office of Management and Budget, in her official capacity, Case No. 4:23-cv-04678-JST (N.D. Cal.), the Parties jointly stipulate to and request dismissal of the action without prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). On Sept. 12, 2023, the Plaintiffs filed a class action complaint for declaratory and injunctive relief (ECF No. 1), and on Feb. 6, 2024, filed an Amended Class Action Complaint for declaratory and injunctive relief seeking to ensure the timely issuance of Supplemental Nutrition Assistance Program (SNAP) benefits in the event of a lapse in government funding. The Defendants filed a motion to dismiss on Feb. 15, 2024, currently set for hearing on April 18, 2024. The Plaintiffs filed motions for preliminary injunction and class certification on Feb. 29, 2024, currently set for hearing on April 18, 2024. On March 9, 2024, President Biden signed the consolidated appropriations act, 2024, which included appropriations for SNAP through the end of Federal Fiscal Year 2024. Neither Plaintiffs nor their counsel received any consideration for agreeing to dismiss the lawsuit. The Court has not certified a class in this action and no settlement is part of the request to dismiss the action, so no notice to putative class members is needed The US Department of Agriculture is the federal executive department responsible for developing and executing federal laws related to farming, forestry, rural economic development, and food. A copy of Parties' motion dated March 13, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=fLGKB4 at no extra charge.[CC] The Plaintiffs are represented by: Jodie Berger, Esq. Richard Rothschild, Esq. Robert Newman, Esq. Antionette Dozier, Esq. WESTERN CENTER ON LAW & POVERTY 3701 Wilshire Blvd., Suite 208 Los Angeles, CA 90010 Telephone: (213) 235-2617 Facsimile: (213) 487-0242 E-mail: jberger@wclp.org rrothschild@wclp.org rnewman@wclp.org adozier@wclp.org - and - Lindsay Nako, Esq. Lori Rifkin, Esq. Fawn Rajbhandari-Korr, Esq. Meredith Dixon, Esq. IMPACT FUND 2080 Addison St., Suite 5 Berkeley, CA 94704 Telephone: (510) 845-3473 Facsimile: (510) 845-3654 E-mail: lnako@impactfund.org lrifkin@impactfund.org fkorr@impactfund.org mdixon@impactfund.org The Defendants are represented by: Rachael Westmoreland, Esq. U.S. DEPARTMENT OF JUSTICE 950 Pennsylvania Ave Nw Washington, DC 20530 Telephone: (202) 514-2000 UNIVERSAL LOGISTICS: Bid to Certify Class of L2L Drivers Tossed --------------------------------------------------------------- In the class action lawsuit captioned as ANGELA VALDEZ, RICKY ABEYTA, MARK FRANKLIN, MICHAEL CHILDS, individually and on behalf of all others similarly situated, KEATE WRIGHT, individually, and ERIC SHORT, individually, v. UNIVERSAL LOGISTICS OF VIRGINIA, LLC., a Virginia limited liability company, Case No. 1:23-cv-01015-PAB-KAS (D. Colo.), the Hon. Judge Philip Brimmer entered an order denying the Plaintiffs' motion for class certification of: "All regular full-time and/or part-time L2L drivers in Colorado who did not cross state lines during their deliveries from March 16, 2020 to Dec. 31, 2020 and worked overtime and/or more than 2 hours on any work shift." The court further orders that the Defendants' motion for leave to file surreply in opposition to the Plaintiffs' motion for class certification is denied. The Plaintiffs allege that Universal violated Colorado law by failing to pay them and class members overtime compensation for hours worked in excess of 40 hours per week and by failing to allow their drivers to take rest and meal breaks. Universal operates a trucking business that contracts with forty Home Depot stores across the front range of Colorado to make deliveries on behalf of Home Depot. A copy of the Court's order dated March 13, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=2Fz57g at no extra charge.[CC] UPFIELD US: Court Concludes All Discovery in Clemmons Action ------------------------------------------------------------ In the class action lawsuit captioned as DUVAL CLEMMONS, individually and on behalf of all others similarly situated, v. UPFIELD US INC., Case No. 1:22-cv-00355-PKC (S.D.N.Y.), the Hon. Judge P. Kevin Castel entered an order that all discovery in the Clemmons action is concluded. -- The Defendant's motion due April 12, 2024, the Plaintiff's response due May 13, 2024 and Defendant's reply due May 31, 2024. -- The Plaintiff's proposed motion for class certification is deferred until after disposition of the Defendant's motions. Upfield is a producer of plant-based spreads. A copy of the Court's order dated Mar. 8, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=AIXwxI at no extra charge.[CC] US PREMIUM BEEF: NBP Continues to Defend Brown Class Suit --------------------------------------------------------- U.S. Premium Beef LLC disclosed in its Form 10-K Report for the fiscal period ending December 30, 2023 filed with the Securities and Exchange Commission on March 11, 2024 that National Beef Packing Co. (NBP), is the only beef processor that Company, has a cattle delivery agreement with Company continues to defend itself from the Brown class suit in the United States District Court for the District of Colorado. NBP and is a defendant in a putative class action lawsuit entitled Brown, et al. v. JBS USA Food Company et al. and filed in the United States District Court for the District of Colorado on November 1, 2022. The defendants filed motions to dismiss, which the court denied except as to the Company's subsidiary, Iowa Premium. The plaintiffs filed an amended complaint on January 12, 2024. The amended complaint alleges that the defendants directly and through industry wage surveys and a benchmarking service (i) fixed wages and benefits, and (ii) exchanged information regarding compensation and benefits in an effort to depress and stabilize wages and benefits in violation of federal antitrust laws. The plaintiffs seek, among other things, treble monetary damages, pre- and post-judgment interest, declaratory and injunctive relief and the costs of the suit (including attorney fees). NBP believes it has meritorious defenses to the claims in this case and intends to defend the case vigorously. National Beef Packing Company, LLC, Defendant, represented by Craig S. O'Dear -- csodear@bryancave.com -- Bryan Cave LLP - KC, Jennifer L Berhorst -- jennifer.berhorst@bryancave.com -- Bryan Cave LLP - KC, Sara Kay Butler, Mariner Holdings, LLC & Tonya B. Braun -- tbraun@jonesday.com -- Jones Day. U.S. Premium Beef, LLC operates an integrated cattle processing and beef marketing enterprise based in Missouri. VALLEY FIRST: Class Settlement in Ayala Gets Final Nod ------------------------------------------------------ In the class action lawsuit captioned as KARLA AYALA, an individual, on behalf of herself and all others similarly situated, v. VALLEY FIRST CREDIT UNION, Case No. 1:22-cv-00657-HBK (E.D. Cal.), the Hon. Judge Helena Barch-kuchta entered an order granting the Plaintiff's unopposed motion for final approval of class action settlement. -- The Plaintiff's unopposed motion for attorney's fees, costs, and incentive award to Plaintiff is granted in part to the extent the Court awards the following sums: a. Class counsel shall receive $30,000.00 in attorneys' fees and $402.00 in costs; b. The Plaintiff Ayala shall receive $5,000.00 as a service award; and c. RG2 shall receive $10,000.00 in settlement administration costs and expenses. -- The parties are directed to effectuate all terms of the settlement agreement and any deadlines or procedures for distribution set forth therein within 11 months of this date of this Order. -- The action is dismissed with prejudice in accordance with the terms of the parties' settlement agreement. Rule 23 Settlement Class The proposed Settlement Class is identified as: "The 48 individuals who, according to Defendant's records, were legally residing in California and applied for membership with Defendant from June 1, 2020 through June 1, 2022 using a "work only" social security number and were denied membership based solely on their lack of U.S citizenship." There are 48 members in the Settlement Class. A copy of the Court's order dated March 11, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=Xo7XB1 at no extra charge.[CC] VERIZON NEW ENGLAND: Court Narrows Claims in Urella Suit -------------------------------------------------------- In the class action lawsuit captioned as KELLEY URELLA, individually and on behalf of all others similarly situated, v. VERIZON NEW ENGLAND INC, JOSEPH SANTOS, and ROBERT SYMES, Case No. 4:22-cv-11606-FDS (D. Mass.), the Hon. Judge F. Dennis Saylor IV entered an order denying in part and granting in part the Defendants' partial motion to dismiss and to strike the plaintiff's second amended complaint of defendants Verizon New England Inc., Joseph Santos, and Robert Symes, as follows: 1. All claims as to defendant Symes are dismissed; 2. Count 3 as to defendant Santos is dismissed; 3. Count 6 is dismissed; and 4. The motion to strike is denied. This is a claim for gender discrimination and retaliation. The Plaintiff Kelley Urella was an employee of Verizon New England Inc. who worked in a "clerical/office" position. She alleges that she was not hired in any of those positions because of her gender and that she was retaliated against for asserting her rights. The complaint alleges that Urella was qualified for several of those craft-rated jobs by her training, education, and physical suitability. The complaint alleges that in each instance when Urella, and other proposed class members, applied for craft-rated positions, defendants failed to consider their qualifications and physical suitability, and instead only considered tenure, union membership, and prior work experience. That allegedly led to the positions frequently being awarded to men with equal or lesser qualifications and seniority. Kelley Urella was an employee of Verizon New England Inc. for 30 years. She is now retired. While employed at Verizon, she was a member of Local 2325 of the International Brotherhood of Electrical Workers. A copy of the Court's memorandum and order dated March 12, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=wMkzWQ at no extra charge.[CC] VISION PATH: Bid for Class Cert. Briefing Schedule Continuance OK'd ------------------------------------------------------------------- In the class action lawsuit captioned as WESLEY AFRICA, an individual, v. VISION PATH, INC. d/b/a HUBBLE, a Delaware corporation; BENJAMIN COGAN, an individual; JESSE HORWITZ, an individual; and DOES 1-25, inclusive, Case No. 2:23-cv-04570-GW-MRW (C.D. Cal.), the Hon. Judge George Wu entered an order that a continuance of the class certification briefing schedule is granted for the following reasons: 1. The Parties are actively engaging in class certification discovery efforts, and further discovery is warranted in advance of class certification briefing. 2. The Parties agree that continuance of the briefing schedule is necessary. 3. Accordingly, the class certification briefing schedule will be amended as follows: a. Aug. 5, 2024: Deadline for the Plaintiff to file the motion for class certification; b. Sept. 16, 2024: Deadline for the Defendant file an opposition to the motion for class certification; c. Oct. 14, 2024: Deadline for the Plaintiff to file a reply in support of its motion for class certification; d. Oct. 28, 2024 at 8:30 a.m.: Hearing on the Plaintiff's motion for class certification. On March 13, 2024, the Parties jointly submitted a Stipulation for continuance of the motion for class certification briefing schedule. Vision provides optical instruments. A copy of the Court's order dated March 13, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=4N42s0 at no extra charge.[CC] The Plaintiff is represented by: Eric H. De Wames, Esq. Ryan J. Carlson, Esq. MICHAEL SULLIVAN & ASSOCIATES, LLP 111 N. Market Street, Suite 306 San Jose, CA 95113 E-mail: edewamese@sullivanattorneys.com rcarlson@sullivanattorneys.com The Defendants are represented by: Jenny A. Covington, Esq. NELSON MULLINS RILEY & SCARBOROUGH LLP 1600 Utica Avenue South, Suite 600 Minneapolis, MN 55416 Telephone: (612) 464-7626 Facsimile: (612) 255-0739 E-mail: jenny.covington@nelsonmullins.com WALGREEN CO: Bargetto Seeks to Seal Class Certification Documents ----------------------------------------------------------------- In the class action lawsuit captioned as ELISA BARGETTO, on behalf of herself and all others similarly situated, v. WALGREEN CO., Case No. 3:22-cv-02639-TLT (N.D. Cal.), the Plaintiff files administrative motion to consider whether another party's material should be sealed. Pursuant to Civil Local Rules 7-11 and 79-5(f), the Plaintiff moves the Court to consider whether the entirety of the following materials filed as Exhibits to the Declaration of Patrick Carey in connection with Plaintiff's Motion for Class Certification should be sealed: Ex. No. Document Basis for Sealing 4 WAG0009358-66. Designated by Walgreen Co. as "Highly Confidential –Attorneys' Eyes Only" pursuant to the Stipulated Protective Order. 5 WAG0009267-76. Designated by Walgreen Co. as "Highly Confidential –Attorneys' Eyes Only" pursuant to the Stipulated Protective Order. The Plaintiff further moves the Court to consider whether certain portions of the following materials filed in connection with the Plaintiff's Class Certification Motion should be sealed: Ex. No. Document Portion(s) Basis for Sealing to Seal N/A Plaintiff's Highlighted Contains reference/analysis Motion for portions of material designated by Class on pages 1, Walgreen Co. as Certification; 4, 5, 6, 7, "Confidential or Highly Memorandum of 9, 11, 15, Confidential – Points and and 16. Attorneys' Eyes Only" Authorities pursuant to the Stipulated Protective Order This motion is supported by the Declaration of Patrick Carey in Support of Plaintiff's administrative motion to consider whether another Party's material should be sealed pursuant to Local Rules 7-11 and 79-5(f), dated March 12, 2024. Walgreen provides online medical products. A copy of the Plaintiff's motion dated March 12, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=PY0huL at no extra charge.[CC] The Plaintiff is represented by: Patrick Carey, Esq. Mary Haley Ousley, Esq. LEXINGTON LAW GROUP, LLP 503 Divisadero Street San Francisco, CA 94117 Telephone: (415) 913-7800 Facsimile: (415) 759-4112 E-mail: pcarey@lexlawgroup.com mhousley@lexlawgroup.com - and - Gideon Kracov, Esq. LAW OFFICE OF GIDEON KRACOV 801 S. Grand Ave., 11th Floor Los Angeles, CA 90017 Telephone: (213) 629-2071 Facsimile: (213) 623-7755 E-mail: gk@gideonlaw.net WALGREEN CO: Bargetto Suit Seeks to Certify Bag Purchaser Class --------------------------------------------------------------- In the class action lawsuit captioned as ELISA BARGETTO, on behalf of herself and all others similarly situated, v. WALGREEN CO., Case No. 3:22-cv-02639-TLT (N.D. Cal.), the Plaintiff asks the Court to enter an order: -- Certifying a class of all persons who purchased Walgreens' Bags for personal, family or household purposes in California (either directly or through an agent) from April 29, 2018 through the present; and -- Appointing Lexington Law Group, LLP as class counsel. The claims of each member of the Class all relate to one specific illegal labeling practice. If labels on one Bag purchased by one Class member are illegal, then the labels on all Bags purchased by all Class members are illegal, the Plaintiff contends. A single injunction prohibiting Walgreens from deceptively labeling its Bags as recyclable would provide relief to each member of the Class. Thus, the requirements of Rule 23(b)(2) are satisfied, the Plaintiff adds. For years, retailers like Walgreens have been perpetrating a fraud on the Californian public by marketing and labeling plastic grocery or "carryout bags" as recyclable, when in fact, Walgreens own documents reveal that only a paltry percentage of these bags are actually recycled. The operative complaint is Plaintiff's Second Amended Complaint ("SAC"), which she filed on Sept. 30, 2022. The SAC includes five separate causes of action based on California's Unfair Competition Law including under the UCL's unlawful, unfair, and fraudulent prongs; California's Consumer Legal Remedies Act; breach of express warranty under California's Commercial Code; and the common-law claim of quasi-contract, or unjust enrichment. The Plaintiff has purchased Walgreens' Bags on at least two occasions directly from Walgreens stores in California: one in San Francisco, and one in Scotts Valley. At the time of her purchases, the Plaintiff believed that Walgreens' bags were recyclable. Walgreen provides online medical products. A copy of the Plaintiff's motion dated March 12, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=6tzwh2 at no extra charge.[CC] The Plaintiff is represented by: Patrick Carey, Esq. Mary Haley Ousley, Esq. LEXINGTON LAW GROUP, LLP 503 Divisadero Street San Francisco, CA 94117 Telephone: (415) 913-7800 Facsimile: (415) 759-4112 E-mail: pcarey@lexlawgroup.com mhousley@lexlawgroup.com - and - Gideon Kracov, Esq. LAW OFFICE OF GIDEON KRACOV 801 S. Grand Ave., 11th Floor Los Angeles, CA 90017 Telephone: (213) 629-2071 Facsimile: (213) 623-7755 E-mail: gk@gideonlaw.net WALMART INC: Rector Suit Removed to D. Columbia ----------------------------------------------- The case captioned Christina Rector, and all others similarly situated v. Walmart Inc., Case No. 2024-CAB-000434 was removed from the Superior Court of the District of Columbia, to the U.S. District Court for the District of Columbia on March 7, 2024, and assigned Case No. 1:24-cv-00658. In the State Court Action, Plaintiff alleges that Walmart charges a greater amount at checkout than the price posted, marked, or displayed for those items. On this basis, Plaintiff alleges violations of the District of Columbia's Consumer Protection Procedures Act ("CPPA").[BN] The Defendants are represented by: Jonathan D. Brightbill, Esq. WINSTON & STRAWN LLP 1901 L Street, N.W. Washington, D.C. 20036 Phone: (202) 282-5855 Email: JBrightbill@winston.com - and - Daniel M. Blouin, Esq. Frank Battaglia, Esq. WINSTON & STRAWN LLP 35 West Wacker Drive Chicago, IL 60601-9703 Phone: +1 312-558-5600 Facsimile: + 1 312-558-5700 Email: DBlouin@winston.com FBattaglia@winston.com WASHINGTON: Sterling Appeals Reconsideration Order to 9th Circuit ----------------------------------------------------------------- Plaintiff Damario Rasheed Sterling has filed an appeal from a court order in the lawsuit entitled Damario Rasheed Sterling, on behalf of himself and all others similarly situated, Plaintiff, v. Cami L. Feek, Commissioner, Washington State Employment Security Department, in her capacity, and in her official capacity, et al., Defendants, Case No. 3:22-cv-05250, in the U.S. District Court for the Western District of Washington. On April 14, 2022, Plaintiffs filed a complaint in court. On June 13, 2022, Plaintiffs amended their complaint, alleging the Washington Employment Security Department (ESD or The Department) sent them redetermination letters adjusting their unemployment benefits without adequate prior notice or opportunity to be heard. Plaintiffs allege these "vague, untimely, and threatening" overpayment notices, which often informed Plaintiffs they owed thousands of dollars to the government, were generated by a defective claims management program. The Plaintiffs filed an action pursuant to 42 U.S.C. Section 1983, alleging Defendants violated their rights pursuant to the Fourteenth Amendment's Due Process Clause by depriving them of a constitutionally protected property interest without adequate notice or an opportunity to be heard. Plaintiffs further alleged Defendants violated their right to a fair hearing and their right to a timely determination. Plaintiffs also made class action allegations. The matter came before the Court on Defendants' motion for summary judgment and motion to stay discovery proceedings pending the Court's ruling on the motion for summary judgment. On September 5, 2023, the Court DENIED Defendants' motion for summary judgment. Defendants' motion to stay proceedings was also DENIED. Plaintiff's motion for an extension of time was GRANTED in part. The parties' stipulated motion to extend case deadlines was likewise GRANTED. On January 5, 2024, U.S. District Judge David G Estudillo amended the Courts order on Defendants' motion for summary judgment and certified it for interlocutory appeal. The case was STAYED pending a determination from the Ninth Circuit Court of Appeals on whether it will accept certification. If the Ninth Circuit certified the appeal, the case will remain stayed pending the Ninth Circuit's decision. The parties were directed file a joint status report regarding discovery within 30 days of a decision from the Ninth Circuit regarding the issues raised in the Plaintiffs request for an interlocutory appeal. The Plaintiff previously filed an appeal in the case captioned Sterling v. Feek, et al., Case No. 24-259, in the United States Court of Appeals for the Ninth Circuit, on January 17, 2024. The new appellate case is captioned as Sterling v. Feek, et al., Case No. 24-1296, filed in the United States Court of Appeals for the Ninth Circuit, on March 5, 2024. The briefing schedule in the Appellate Case states that: -- Mediation Questionnaire for Appellant was due on March 11, 2024; -- Appeal Transcript Order for Appellant was due on March 15, 2024; -- Appeal Transcript for Appellant is due on April 15, 2024; -- Appeal Opening Brief for Appellant is due on May 24, 2024; -- Appeal Answering Brief for Appellee is due on June 24, 2024; and -- All briefs shall be served and filed pursuant to Federal Rule of Appellate Procedure 31 and 9th Cir. R. 31-2.1. Failure of the petitioner(s)/appellant(s) to comply with this briefing schedule will result in automatic dismissal of the appeal. [BN] WELLS FARGO: Young Sues Over Deceptive Trade Practices ------------------------------------------------------ Joseph Young, individually and on behalf of all others similarly situated v. WELLS FARGO & COMPANY, and WELLS FARGO BANK, N.A., Case No. 3:24-cv-01380-LJC (N.D. Cal., March 7, 2024), is brought against Wells Fargo for its violations of laws, including the Fair Credit Reporting Act, state unfair and deceptive trade practices laws, common law conversion, and unjust enrichment. Wells Fargo unilaterally enrolled customers in various financial products or services they did not agree to and never knew about. Wells Fargo paid itself fees, costs, interest, and other consideration from the customers for these unwanted products and services, such as Sign/Drive Bonus, Health Protector Bonus, or Home Warranty (to name just a few examples). Wells Fargo was subject to class and regulatory actions based on its fake accounts scandal that came to light in 2016. In September 2016, Wells Fargo was forced to acknowledge that it had created 1.5 million fake deposit accounts and more than 500,000 fake credit card accounts in customers' names without their knowledge or approval. In addition, in 2022, Wells Fargo paid more than $2 billion to consumers and $1.7 billion in civil penalties after the Consumer Financial Protection Bureau ("CFPB") found Wells Fargo was mismanaging loan accounts by charging illegal fees and interest. On February 26, 2024, Wells Fargo sent a letter to Plaintiff informing him that Wells Fargo's records indicated that he was "enrolled" in the "Hospital Accident" product he never approved of, never wanted, and never knew about. According to the letter, Wells Fargo had him enrolled from February 1, 2008 – May 31, 2008. The Plaintiff and others like him were "enrolled" in products and services that they never agreed to, never wanted, and never knew about for months, sometimes years. During this time, Wells Fargo was extracting fees, interest, payments, and other considerations for these enrollments at Plaintiff's and Class members' expense. Plaintiff and Class members suffered actual damages, and were forced to pay fees, penalties, interest, and costs as a result of Wells Fargo's unlawful actions, says the complaint. The Plaintiff never agreed to or wanted a "Hospital Accident" product at any time. Wells Fargo & Company is a financial services company with $1.875 trillion in assets, and provides banking, insurance, investments, mortgage, and consumer and commercial finance.[BN] The Plaintiff is represented by: Alisa Rose Adams, Esq. THE DANN LAW FIRM 26100 Towne Center Drive Foothill Ranch, CA 92610-3442 Phone: (949) 200-8755 Facsimile: (866) 843-8308 Email: aadams@dannlaw.com - and - Marc E. Dann, Esq. Brian D. Flick, Esq. DANNLAW 15000 Madison Avenue Lakewood, OH 44107 Phone (216) 373-0539 Facsimile (216) 373-0536 Email: notices@dannlaw.com - and - Thomas A. Zimmerman, Jr., Esq. ZIMMERMAN LAW OFFICES, P.C. 77 W. Washington Street, Suite 1220 Chicago, IL 60602 Phone: (312) 440-0020 Facsimile: (312) 440-4180 Email: tom@attorneyzim.com WHITESTONE HOME: All Fact Discovery in Wilson Suit Due Dec. 18 -------------------------------------------------------------- In the class action lawsuit captioned as JEREMY WILSON, v. WHITESTONE HOME FURNISHINGS, LLC, Case No. 2:23-cv-02552-DAD-DB (E.D. Cal.), the Hon. Judge Dale Drozd entered a scheduling order as follows: -- Any motions or stipulations requesting Nov. 18, 2024 leave to amend the pleadings must be filed no later than: -- The parties shall serve their initial March 27, 2024 disclosures pursuant to Federal Rule of Civil Procedure Rule 26(a)(1) no later than: -- All fact discovery shall be completed Dec. 18, 2024 no later than: -- All motions, except motions for May 2, 2025 continuances, temporary restraining orders, or other emergency applications, shall be filed on or before: Whitestone operates within the home furnishing merchant wholesalers industry. A copy of the Court's order dated Mar. 8, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=2QpQH7 at no extra charge.[CC] WINNER INTERNATIONAL: Liz Files ADA Suit in S.D. New York --------------------------------------------------------- A class action lawsuit has been filed against Winner International, Inc. The case is styled as Pedro Liz, on behalf of himself and all others similarly situated v. Winner International, Inc., Case No. 1:24-cv-01770-AT (S.D.N.Y., March 7, 2024). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Winner International, Inc. -- https://winner-intl.com/ -- provides commercial, residential, recreational and personal security, and safety products.[BN] The Plaintiff is represented by: Gabriel Levy, Esq. GABRIEL A. LEVY, P.C. 1129 Northern Blvd., Suite 404 Manhasset, NY 11030 Phone: (516) 287-3458 Email: glevy@glpcfirm.com WORLD LINK: Faces Romero Wage-and-Hour Suit in Cal. Super. ---------------------------------------------------------- MARLON ROMERO, on behalf of himself, and as an "aggrieved employee" on behalf of other similarly situated "aggrieved employees" under the California Labor Code Private Attorneys General Act of 2004, Plaintiff v. WORLD LINK TRANSPORT, INC., a California corporation; MICHAEL MAKOTO GOTO, an individual; and DOES 1 to 25, inclusive, Defendants, Case No. 24STCV05354 (Cal. Super., Los Angeles Cty., March 4, 2024) arises from the Defendants' alleged unlawful labor practices in violation of the California Labor Code and the California Business and Professions Code. The Plaintiff's claims are based on Defendants' alleged failures to: (1) pay all wages earned for all hours worked at the correct rates of pay; (2) provide all rest breaks and meal periods; (3) indemnify for business expenses; (4) provide accurate and complete written wage statements; (5) timely pay wages during and upon termination of employment; and (6) fairly compete. Accordingly, Plaintiff seeks to recover unpaid wages, civil penalties, and related relief through this action. The Plaintiff was employed by the Defendants as warehouse supervisor from July 2016 to December 1, 2023. World Link Transport, Inc. is a freight forwarding service in Carson, California.[BN] The Plaintiff is represented by: Maralle Messrelian, Esq. MM LAW, APC 500 N. Brand Blvd., Suite 2000 Glendale, CA 91203 Telephone: (818) 810-7747 Facsimile: (818) 230-9018 E-mail: maralle@mmlawapc.com XAVIER BECERRA: Lucas Seeks to Modify Class Certification Order --------------------------------------------------------------- In the class action lawsuit captioned as LUCAS R., et al., v. XAVIER BECERRA, Secretary of U.S. Department of Health and Human Services, et al., Case No. 2:18-cv-05741-DMG-BFM (C.D. Cal.), the Plaintiffs will move the Court on May 3 for entry of an order modifying the Court's order granting class certification for the limited purpose of substituting Class Counsel. A copy of the Plaintiffs' motion dated March 12, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=qdhvad at no extra charge.[CC] The Plaintiffs are represented by: Carlos Rr. Holguin, Esq. CENTER FOR HUMAN RIGHTS & CONSTITUTIONAL LAW 256 South Occidental Boulevard Los Angeles, CA 90057 Telephone: (213) 388-8693 E-mail: crholguin@centerforhumanrights.org - and - Holly S. Cooper, Esq. Carter C. White, Esq. IMMIGRATION LAW CLINIC UNIVERSITY OF CALIFORNIA DAVIS SCHOOL OF LAW One Shields Ave. TB 30 Davis, CA 95616 Telephone: (530) 754-4833 E-mail: hscooper@ucdavis.edu ccwhite@ucdavis.edu - and - Poonam Juneja, Esq. Freya Pitts, Esq. Mishan Wroe, Esq. Melissa Adamson, Esq. Diane De Gramont, Esq. Brenda Shum, Esq. NATIONAL CENTER FOR YOUTH LAW 1212 Broadway, Suite 600 Oakland, CA 94612 Telephone: (510) 835-8098 E-mail: pjuneja@youthlaw.org fpitts@youthlaw.org mwroe@youthlaw.org madamson@youthlaw.org ddegramont@youthlaw.org bshum@youthlaw.org - and - Summer J. Wynn, Esq. Michael J. Mcmahon, Esq. Rebecca L. Tarneja, Esq. Alexandra R. Mayhugh, Esq. Jamie D. Robertson, Esq. COOLEY LLP 1333 2nd Street, Suite 400 Santa Monica, CA 90401 Telephone: (310) 883-6400 Facsimile: (310) 883-6500 Email: swynn@cooley.com mmcmahon@cooley.com rtarneja@cooley.com amayhugh@cooley.com jdrobertson@cooley.com ZILLOW GROUP: Jaeger Suit Seeks to Certify Stock Purchaser Class ---------------------------------------------------------------- In the class action lawsuit captioned as JEREMY JAEGER, individually and on behalf of all others similarly situated, v. ZILLOW GROUP, INC., RICHARD BARTON, ALLEN PARKER, and JEREMY WACKSMAN, Case No. 2:21-cv-01551-TSZ (W.D. Wash.), the lead Plaintiff asks the Court to enter an order: (i) certifying a class under Fed. R. Civ. P. 23(a) and 23(b)(3) defined as: All persons or entities who purchased or otherwise acquired Zillow Group, Inc. Class A common stock or Class C capital stock during the period from Aug. 5, 2021, to Nov. 2, 2021, inclusive, and were damaged thereby; (ii) appointing Jeremy Jaeger as Class Representative; and (iii) appointing Hagens Berman Sobol Shapiro LLP as Class Counsel. The Court says that " any complexities of class action treatment," which are few, "do not outweigh the benefits of considering common issues in one trial." In late 2020 and early 2021, Zillow continuously fell short of its target and kept losing ground to iBuying competitors it viewed as existential threats. In the spring of 2021, they launched an aggressive plan to "catch up" to its iBuying competitors. They called the plan "Project Ketchup." As part of Project Ketchup, Zillow secretly "applied systematic 'overlays' to drive up the Company's offers" to homeowners "well above the price indicated by its algorithm and pricing analysts." These overlays increased Zillow's home offer prices by as much as seven or eight percent. The relevant truth was partially revealed in October 2021, when news outlets and Zillow reported that the Company was pausing homebuying due to renovation backlogs and capacity constraints. Just two weeks later, on November 2, 2021, Zillow announced it was winding down Zillow Offers and laying off 25% of its workforce. In response to these disclosures, Zillow's stock prices plummeted, and Lead Plaintiff and the Class suffered significant damages. Zillow is an American tech real-estate marketplace company. A copy of the Plaintiff's motion dated March 14, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=glBV10 at no extra charge.[CC] The Plaintiff is represented by: Steve W. Berman, Esq. Catherine Y. N. Gannon, Esq. Karl P. Barth, Esq. Reed R. Kathrein, Esq. Lucas E. Gilmore, Esq. Raffi Melanson, 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 catherineg@hbsslaw.com karlb@hbsslaw.com reed@hbsslaw.com lucasg@hbsslaw.com raffim@hbsslaw.com - and - Stacey M. Kaplan, Esq. Gregory M. Castaldo, Esq. Evan R. Hoey, Esq. Helen J. Bass, Esq. KESSLER TOPAZ MELTZER & CHECK, LLP One Sansome Street, Suite 1850 San Francisco, CA 94104 Telephone: (415) 400-3000 Facsimile: (415) 400-3001 E-mail: skaplan@ktmc.com gcastaldo@ktmc.com ehoey@ktmc.com hbass@ktmc.com [^] Darrow Sponsors 8th Annual Class Action Conference ------------------------------------------------------ Darrow Inc., a provider of artificial intelligence-powered legal research platform, is a sponsor of the Class Action Money & Ethics Conference this May. New York-based Darrow's -- https://www.darrow.ai/ -- AI-Powered Justice Intelligence Platform sifts through publicly available information, such as consumer complaints, administrative documents, SEC filings and more, and connects relevant data points to detect legal violations, predict their outcomes, and assess their financial impact, streamlining business development for litigation teams. Join Darrow and others at the 8th Annual Class Action Money & Ethics Conference on May 6, 2024. Registration is now open. This one-day event is also being sponsored by: * Atticus Administration, LLC; * Broadridge, a global Fintech company; * Davis Wright Tremaine LLP; * Duane Morris LLP; * Giftogram; * Hook Point; * JND Legal Administration; * Parabellum Capital; * Simpluris; and * Tremendous, a payouts platform CAME 2024 will be held in-person at The Harmonie Club. To register, visit https://www.classactionconference.com/ For sponsorship or speakership opportunities, please contact: Will Etchison Tel: 305-707-7493 E-mail: will@beardgroup.com [^] Davis Wright Sponsors 8th Annual Class Action Conference ------------------------------------------------------------ Davis Wright Tremaine LLP, an Am Law 100 firm, is a sponsor of the Class Action Money & Ethics Conference this May. Davis Wright Tremaine -- https://www.dwt.com/ -- is an American business and litigation law firm founded in 1944. DWT specializes in Brand Protection & Advertising, Corporate and Business Transactions, Employment, Benefits & Immigration, Energy, Environmental & Natural Resources, ESG, International Trade, Investment & National Security, Litigation, Real Estate, and Technology + Privacy & Security matters. Join DWT and others at the 8th Annual Class Action Money & Ethics Conference on May 6, 2024. Registration is now open. This one-day event is also being sponsored by: * Atticus Administration, LLC; * Broadridge, a global Fintech company; * Darrow.ai; * Duane Morris LLP; * Giftogram; * Hook Point; * JND Legal Administration; * Parabellum Capital; * Simpluris; and * Tremendous, a payouts platform CAME 2024 will be held in-person at The Harmonie Club. To register, visit https://www.classactionconference.com/ For sponsorship or speakership opportunities, please contact: Will Etchison Tel: 305-707-7493 E-mail: will@beardgroup.com ********* S U B S C R I P T I O N I N F O R M A T I O N Class Action Reporter is a daily newsletter, co-published by Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Washington, D.C., USA. Rousel Elaine T. Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L. Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors. Copyright 2024. All rights reserved. ISSN 1525-2272. This material is copyrighted and any commercial use, resale or publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. Information contained herein is obtained from sources believed to be reliable, but is not guaranteed. The CAR subscription rate is $775 for six months delivered via e-mail. Additional e-mail subscriptions for members of the same firm for the term of the initial subscription or balance thereof are $25 each. For subscription information, contact Peter A. Chapman at 215-945-7000. *** End of Transmission ***