/raid1/www/Hosts/bankrupt/CAR_Public/240328.mbx
C L A S S A C T I O N R E P O R T E R
Thursday, March 28, 2024, Vol. 26, No. 64
Headlines
2200 RESTAURANT: Parties Seek to Stay Conditional Cert Briefing
AHMED M. FATTOUH: Edwards Files Suit in Del. Chancery Ct.
AMY WEIRICH: Court Tosses Patton Class Complaint with Prejudice
ARDAGH GLASS: Filing of Class Cert Bid Due March 13, 2025
ARTISANAL CHEESE: Toro Files ADA Suit in S.D. New York
BETTERHELP INC: Class Cert Bid Filing in C.M. Suit Due April 3
BRINKER INT'L: Parties Seek More Time to File Class Cert.
CASWELL-MASSEY IP: Karim Files ADA Suit in S.D. New York
CLUTCH HEALTH: Salaiz Files TCPA Suit in W.D. Texas
CONNEXIN SOFTWARE: Class Settlement in Barletti Gets Initial Nod
CONNEXIN SOFTWARE: Court to Initially OK Class Settlement
DAVE INC: Franklin Files Suit in D. Maryland
DISTRICT OF COLUMBIA: Bid to Certify Class in Pappas Partly Granted
ENSTAR (US) INC: Mickendrow Suit Transferred to D. Massachusetts
FORD MOTOR: Filing for Class Cert Bid in Collier Due August 1
GOLDMAN SACHS: Suit Seeks to Certify Usury Class, Goldman Subclass
GREEN DEFENSE PEST: Brown Files Suit in Fla. Cir. Ct.
HEALTH CARE: Slaughter Suit Transferred to D. Massachusetts
HOUSEKEEPING SERVICES: Seeks More Time to File Class Cert Response
INNOVATIVE MARKETING: Liz Files ADA Suit in S.D. New York
KANSAS CITY SOUTHERN: Roberson Suit Seeks to Certify Employee Class
KEMPER SPORTS MANAGEMENT: Wilhelm Suit Removed to C.D. California
LIFESTANCE HEALTH: Court Tosses Bid to Dismiss McAfee Class Suit
MARK ZUCKERBERG: Court Dismisses Johnson Case with Leave to Amend
MARKETSOURCE INC: Court Recommends Denial of Class Cert Bid
MCLANE FOODSERVICE: Conditional Cert. Bid Stayed Until July 10
MDL 3014: Ventilator Product Liability Suit Transferred to W.D. Pa.
MDL 3080: Insulin Pricing Litigation Consolidated to D. N.J.
MDL 3095: Panel Denies Transfer of 16 Cases to C.D. Cal.
MDL 3096: 26 Cases Consolidated in Medical Data Breach Row
MICHAEL CARVAJAL: Bid to Substitute Party in Damages Claim OK'd
UBER TECHNOLOGIES: Agrees to Settle Taxi Class Suit for $178-MM
[*] Duane Morris Sponsors 8th Annual Class Action Conference
[*] Giftogram Sponsors 8th Annual Class Action Conference
*********
2200 RESTAURANT: Parties Seek to Stay Conditional Cert Briefing
---------------------------------------------------------------
In the class action lawsuit captioned as JULIAN LORENZO, on behalf
of himself and all others similarly situated, v. 2200 RESTAURANT
PARTNERS, LLC d/b/a DUNE BY LAURENT TOURONDEL, Case No.
0:24-cv-60078-WPD (S.D. Fla.), the Parties request that the Court
enter an order staying the briefing of the motion for conditional
certification until after they conduct mediation on April 18,
2024.
1. The Plaintiff filed a hybrid class/collective action against
The Defendant for alleged violations of the Fair Labor
Standards Act ("FLSA") and the Florida Minimum Wage Act
("FMWA")
2. On March 4, 2024, the Plaintiff filed his motion for
conditional Certification. In addition to the Plaintiff,
three
(3) additional plaintiffs have opted-in to the lawsuit.
3. The Parties have agreed to attend an early, class-based
mediation rather than proceed with briefing the Motion.
4. The Parties have selected to mediate with Howard Tescher,
Esq.
on April 18, 2024 at 10:00am.
5. As a result of the scheduled mediation, the Parties request
a
stay regarding briefing the Motion.
6. If the case does not resolve at mediation, the Parties
request
that the Court permit the Defendant to file a response to
the
Motion within 30 days of the filing of a notice of impasse.
The
Parties further request that the Plaintiff may file a reply
seven (7) days from the filing of the response.
7. The stay would permit the Parties and the Court to save
resources and expenses. The Parties would not have to brief
the
intensive factual and legal issues contained in the Motion.
The
Court would not have the Motion pending on its docket for
review. A successful mediation would obviate the need for
the
Court to rule on the Motion. Neither the Parties nor the
Court
would be prejudiced by granting the requested stay.
The Defendant operates celebrity chef-driven oceanfront restaurant
and special event venue in South Florida.
A copy of the Parties' motion dated March 14, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=nE6brA at no extra
charge.[CC]
The Plaintiff is represented by:
Michael Miller, Esq.
USA EMPLOYMENT LAWYERSJORDAN RICHARDS, PLLC
1800 SE 10th Ave. Suite 205
Fort Lauderdale, FL 33316
Telephone: (954) 871-0050
E-mail: Michael@usaemploymentlawyers.com
The Defendant is represented by:
Steven A. Siegel, Esq.
Fisher & Phillips LLP
201 East Las Olas Boulevard, Suite 1700
Fort Lauderdale, FL 33301
Telephone (954) 525-4800
E-mail: ssiegel@fisherphillips.com
AHMED M. FATTOUH: Edwards Files Suit in Del. Chancery Ct.
---------------------------------------------------------
A class action lawsuit has been filed against Ahmed M. Fattouh, et
al. The case is styled as Conrad Edwards, and others similarly
situated v. Ahmed M. Fattouh, Allen Pinto, Brandon Bentley, Brian
Q. Pham, Interprivate Acquisition Management LLC, Interprivate LLC,
Jeffrey Harris, Matthew Luckett, Minish K. Patel, Pietor
Cinquegrana, Case No. 2024-0221-LWW (Del. Chancery Ct., March 7,
2024).
The case type is stated as "Breach of Fiduciary Duties."
Ahmed Fattouh is the Founder & Chief Executive Officer of
InterPrivate.[BN]
The Plaintiff is represented by:
Michael J. Barry, Esq.
Phone: (302) 622-7000
Fax: (302) 622-7100
AMY WEIRICH: Court Tosses Patton Class Complaint with Prejudice
---------------------------------------------------------------
In the class action lawsuit captioned as VERNON CHARLES PATTON, v.
AMY WEIRICH, et al., Case No. 2:21-cv-02675-TLP-tmp (W.D. Tenn.),
the Hon. Judge Thomas Parker entered an order:
-- Dismissing complaint with prejudice,
-- Denying class certification,
-- Certifying appeal would not be taken in good faith, and
-- Denying leave to proceed in forma pauperis on appeal.
The Court said, "Because the Plaintiff is suing pro se, he cannot
serve as the class representative. For these reasons, the Court
denies class action certification." The Plaintiff's section 1983
claims fail because this Court does not have subject matter
jurisdiction
and, even if it did, the Plaintiff fails to state a claim for which
relief may be granted.
Mr. Patton sues under 42 U.S.C. section 1983 alleging violations of
his right to a trial by jury and to a speedy trial.
He names seven defendants, six of whom are judges, and the former
Shelby County District Attorney General, Amy Weirich, all in their
official capacities.
The Plaintiff alleges that he was "illegally detained [for] 4
years."
He explains how he "filed hundreds of motions" to challenge "the
Due Process violations attendant to my arrest, indictment, and use
of falsely established finding of probable cause used to justify my
continued pretrial confinement."
A copy of the Court's order dated March 13, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=613qZF at no extra
charge.[CC]
ARDAGH GLASS: Filing of Class Cert Bid Due March 13, 2025
---------------------------------------------------------
In the class action lawsuit captioned as ALEX CASTANEDA, v. ARDAGH
GLASS INC., Case No.4:23-cv-05850-HSG, Case No. 23-cv-03547-HSG
(N.D. Cal.), the Hon. Judge Haywood Gilliam, Jr. entered an order
setting the following deadlines pursuant to Federal Rule of Civil
Procedure 16 and Civil Local Rule 16-10:
Event Deadline
Deadline to file motion for class March 13, 2025
Certification:
Deadline to file opposition to motion April 17, 2025
for class certification:
Deadline to file reply in support of May 15, 2025
motion for class certification:
Hearing on motion for class June 5, 2025 at 2:00pm
Certification:
These dates may only be altered by order of the Court and only upon
a showing of good cause. The parties are directed to review and
comply with this Court's standing orders.
Ardagh manufactures custom glass containers for a variety of food
applications including oils and vinegars, jams, jellies, honey,
sauces, and spices.
A copy of the Court's order dated March 14, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=boepEI at no extra
charge.[CC]
ARTISANAL CHEESE: Toro Files ADA Suit in S.D. New York
------------------------------------------------------
A class action lawsuit has been filed against Artisanal Cheese,
LLC. The case is styled as Andrew Toro, on behalf of himself and
all others similarly situated v. Artisanal Cheese, LLC, Case No.
1:24-cv-01766-JPO (S.D.N.Y., March 7, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Artisanal Cheese -- https://www.artisanalcheese.com/ -- are True
aficionados of cheese. The company's line of business includes the
wholesale distribution of dairy products.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
10826 64th Avenue, Ste. 2nd Floor
Forest Hills, NY 11375
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
BETTERHELP INC: Class Cert Bid Filing in C.M. Suit Due April 3
--------------------------------------------------------------
In the class action lawsuit captioned as C.M. v. BetterHelp, Inc.,
IN RE BETTERHELP, INC., Case No. 3:23-cv-01033-RS (N.D. Cal.), the
Hon. Judge Richard Seeborg entered an order regarding briefing
schedule for plaintiffs' motion for class certification:
Event Date
Deadline for Plaintiffs to File Motion April 3, 2025
for Class Certification
Deadline for Defendant to file May 29, 2025
opposition to Plaintiffs' Motion for
Class Certification
Deadline for Plaintiffs to file reply June 26, 2025
in support of Plaintiffs' motion for
class certification
In Person Hearing on Plaintiffs' motion July 24, 2025
for Class Certification
he Parties participated in an initial Case Management Conference on
Feb. 29, 2024, during which the Court requested the parties meet
and confer and propose a stipulated schedule with regard to the
Plaintiffs' motion for class certification.
BetterHelp is a mental health platform that provides online mental
health services directly to clients.
A copy of the Court's order dated March 14, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=8DQfFX at no extra
charge.[CC]
The Plaintiffs are represented by:
Gary. M. Klinger, Esq.
MILBERG COLEMAN BRYSON PHILLIPS
GROSSMAN, PLLC
227 W. Monroe Street, Suite 2100
Chicago, IL 60606
Telephone: (866) 252-0878
E-mail: gklinger@milberg.com
- and -
Christina Tusan, Esq.
HAMMONDLAW, P.C.
1201 Pacific Ave, Suite 600
Tacoma, WA 98402
Telephone: (310) 601-6766
Facsimile: (310) 295-2385
E-mail: ctusan@hammondlawpc.com
- and -
Maureen M. Brady, Esq.
MCSHANE AND BRADY LLC
1656 Washington, Suite 120
Kansas City, MO 64108
Telephone: (816) 888-8010
E-mail: mbrady@mcshanebradylaw.com
- and -
Alan M. Mansfield, Esq.
WHATLEY KALLAS LLP
1 Sansome Street, 35th Floor
San Francisco, CA 94104
Telephone: (619) 308-5034
Facsimile: (888) 341-5048
E-mail: amansfield@whatleykallas.com
The Defendant is represented by:
Quyen L. Ta, Esq.
Livia Kiser, Esq.
Jeffrey Hammer, Esq.
James A. Unger, Esq.
KING & SPALDING LLP
50 California Street, Suite 3300
San Francisco, CA 94111
Telephone: (415) 318-1200
Facsimile: (415) 318-1300
E-mail: qta@kslaw.com
lkiser@kslaw.com
jhammer@kslaw.com
junger@kslaw.com
BRINKER INT'L: Parties Seek More Time to File Class Cert.
----------------------------------------------------------
In the class action lawsuit captioned as AMANDA HALE and JESUS
GOMEZ, on behalf of themselves and all others similarly situated,
and the general public, v. BRINKER INTERNATIONAL, INC., a Delaware
corporation; BRINKER INTERNATIONAL PAYROLL COMPANY, L.P., a
Delaware limited partnership; BRINKER RESTAURANT CORPORATION, a
Virginia corporation; and DOES 1 through 50, inclusive, Case No.
3:21-cv-09978-VC (N.D. Cal.), the Parties submit an amended third
joint stipulation requesting that the Court grant a further
extension of time for the Plaintiffs to file their motion for class
certification from April 1, 2024 to July 17, 2024.
The Parties further request that the opposition be continued until
Aug. 16, 2024, and reply brief until Sept. 6, 2024.
Both sides agree that a modification of the schedule is required in
light of the issues set forth and believe that good cause exists
for
an order enlarging the time of the current briefing schedule.
The motion for class certification is extended and continued as
follows:
-- The Plaintiffs' Motion for Class Certification shall be due
July
17, 2024.
-- Defendants' Opposition shall be due Aug. 16, 2024.
-- The Plaintiffs' Reply shall be due Sept. 6, 2024.
-- The Hearing on Plaintiffs' motion for class certification shall
be
Sept. 23, 2024.
On June 17, 2022, the Court denied the Defendants' motion to compel
the Plaintiff Amanda Hale's claims to arbitration.
Brinker is an American multinational hospitality industry company.
A copy of the Court's order
the Plaintiff's motion
the Defendant's motion
dated March 14, 2024 is available from PacerMonitor.com at
https://urlcurt.com/u?l=H8Zkdc at no extra charge.[CC]
The Plaintiff is represented by:
Shaun Setareh, Esq.
Jose Maria D. Patino, Jr., Esq.
Tyson Gibb, Esq.
SETAREH LAW GROUP
9665 Wilshire Blvd., Suite 460
Beverly Hills, CA 90212
Telephone: (310) 888-7771
Facsimile: (310) 888-0109
E-mail: shaun@setarehlaw.com
jose@setarehlaw.com
tyson@setarehlaw.com
The Defendants are represented by:
Kevin D. Reese, Esq.
Geoffrey R. Pittman, Esq.
Robert Yang, Esq.
JACKSON LEWIS P.C.
50 California Street, 9th Floor
San Francisco, CA 94111-4615
Telephone: (415) 394-9400
Facsimile: (415) 394-9401
E-mail: Kevin.Reese@jacksonlewis.com
Geoffrey.Pittman@jacksonlewis.com
Rob.Yang@jacksonlewis.com
CASWELL-MASSEY IP: Karim Files ADA Suit in S.D. New York
--------------------------------------------------------
A class action lawsuit has been filed against Caswell-Massey IP,
LLC. The case is styled as Jessica Karim, on behalf of herself and
all others similarly situated v. Caswell-Massey IP, LLC, Case No.
1:24-cv-01774 (S.D.N.Y., March 7, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Caswell-Massey -- https://www.caswellmassey.com/ -- specializes in
fine fragrances, luxury soaps, and skincare products for men and
women.[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
CLUTCH HEALTH: Salaiz Files TCPA Suit in W.D. Texas
---------------------------------------------------
A class action lawsuit has been filed against Clutch Health, LLC.
The case is styled as Erik Salaiz, individually, and on behalf of
all others similarly situated v. Clutch Health, LLC, Case No.
3:24-cv-00077-KC (W.D. Tex., March 7, 2024).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Clutch Health -- https://clutch.health/ -- is a provider of
pharmacy benefits and workforce health management solutions.[BN]
The Plaintiff appears pro se.
CONNEXIN SOFTWARE: Class Settlement in Barletti Gets Initial Nod
----------------------------------------------------------------
In the class action lawsuit captioned as KAZANDRA BARLETTI,
individually, as natural parent and next friend of A.B. and C.B.,
minors; et al., v. CONNEXIN SOFTWARE, INC. d/b/a OFFICE PRACTICUM,
Case No. 2:22-cv-04676-JDW (E.D. Pa.), the Hon. Judge Joshua D.
Wolson entered an order granting the Plaintiffs' motion for
preliminary approval of class action settlement.
1. The settlement of this action is preliminarily approved
because
it appears that, at the final approval stage, I will likely
be
able to approve the settlement under the criteria described
in
Federal Rule of Civil Procedure 23(e)(2) and certify the
settlement class under the criteria described in Rules
23(a)(a)
and 23(b)(3);
2. The following class is preliminarily certified:
All individuals whose personally identifiable
information
or personal health information was compromised in the
data
security incident that Connexin discovered on Aug. 26,
2022.
3. The Plaintiffs Kazandra Barletti, individually and as the
parent of minors A.B. and C.B.; Andrew Recchilongo; Sharonda
Livingston, individually and as the parent of minor K.J.;
Bradley Hain, individually and as the parent of minors N.H.
and
T.H.; and Hailey Jowers, as described more fully in the
Consolidated Class Action Complaint filed in this Action,
are
provisionally designated and appointed as the Class
Representatives;
4. I appoint Benjamin F. Johns, Esq. of Shub & Johns LLC and
Bart
D. Cohen of Bailey & Glasser, LLP, as Interim Settlement
Class
Counsel.
5. Pursuant to Federal Rule of Civil Procedure 23(e), I approve
the Long Form Notice and the Summary Notice (the "Settlement
Notices"), attached as Exhibits B and C, respectively, to
the
Settlement Agreement and attached to this Order as Exhibit
1,
and finds that the dissemination of the Settlement Notices
substantially in the manner and form set forth in sections
6.1-
6.3 of the Settlement Agreement complies with the
requirements
of Federal Rule of Civil Procedure 23 and due process of law
and is the best notice practicable under the circumstances.
Connexin is an electronic medical records custodian that mostly
serves pediatric practices.
A copy of the Court's order dated March 13, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=060ZPS at no extra
charge.[CC]
CONNEXIN SOFTWARE: Court to Initially OK Class Settlement
---------------------------------------------------------
In the class action lawsuit captioned as KAZANDRA BARLETTI,
individually, as natural parent and next friend of A.B. and C.B.,
minors, et al., v. CONNEXIN SOFTWARE, INC. d/b/a OFFICE PRACTICUM,
Case No. 2:22-cv-04676-JDW (E.D. Pa.), the Hon. Judge Joshua D.
Wolson will preliminarily approve the settlement and provisionally
certify the class for the purpose of settlement.
The Court concludes that the notice program satisfies Rule 23 and
will provide class members with direct, reasonable notice to give
them the opportunity to evaluate their rights in this case.
The proposed settlement seeks to certify a settlement class
consisting of:
"all natural persons whose Personal Information was compromised
in
the Data Security Incident that Connexin discovered on or around
Aug. 26, 2022."
Pursuant to the terms of the settlement, Connexin will create a
total settlement fund of $4,000,000, which provides:
(i) compensation to class members;
(ii) service awards of $2,500 to each of the named Plaintiffs;
(iii) attorneys' fees up to one-third of the Settlement Fund's
total
value;
(iv) reasonable litigation expenses not to exceed $50,000; and
(v) claims expenses by an agreed-upon settlement administrator,
not to exceed $992,187.00.
Class members will be able to elect expanded credit monitoring,
reimbursement for out-of-pocket expenses, or an alternative cash
payment as their compensation. In addition, if approved, the
settlement would require Connexin to seek SOC II certification over
the next four years in an effort to enhance its internal data
protection compliance measures.
The Parties in this data breach class action seek preliminary
approval of a proposed settlement of claims under various states'
laws for negligence and breach of contracts to which plaintiffs and
class members were intended third party beneficiaries.
Connexin is an electronic medical records custodian that mostly
serves pediatric practices.
A copy of the Court's memorandum dated March 13, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=Myz0Vq at no extra
charge.[CC]
DAVE INC: Franklin Files Suit in D. Maryland
--------------------------------------------
A class action lawsuit has been filed against Dave, Inc. The case
is styled as Shamia Franklin, Latoya Moaney, individually and on
behalf of all other similarly situated v. Dave, Inc., Case No.
1:24-cv-00687-ADC (D. Md., March 7, 2024).
The nature of suit is state as Other Personal Property for Tort
Negligence.
Dave -- https://dave.com/ -- is a digital banking service. The
service' main focus is on cash advances.[BN]
The Plaintiffs are represented by:
Jason S. Rathod, Esq.
MIGLIACCIO AND RATHOD LLP
412 H. St. NE, Suite 302
Washington, DC 20002
Phone: (202) 470-3520
Fax: (202) 800-2730
Email: jrathod@classlawdc.com
DISTRICT OF COLUMBIA: Bid to Certify Class in Pappas Partly Granted
-------------------------------------------------------------------
In the class action lawsuit captioned as STEVE PAPPAS, et al.,
Individually and on behalf of all others similarly situated, v.
DISTRICT OF COLUMBIA, et al., Case No. 1:19-cv-02800-RC (D.D.C.),
the Hon. Judge Rudolph Contreras entered an order:
-- granting in part and denying in part the Plaintiffs' motion to
certify a class and appoint class counsel; and
-- denying as moot Defendant's motion to strike.
A copy of the Court's order dated March 14, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=5jvXjI at no extra
charge.[CC]
ENSTAR (US) INC: Mickendrow Suit Transferred to D. Massachusetts
----------------------------------------------------------------
The case captioned as Brian Mickendrow, on behalf of himself and
all others similarly situated v. Enstar (US) Inc., Case No. 3
8:24-cv-00242 was transferred from the U.S. District Court for the
Middle District of Florida, 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-10586-ADB to the
proceeding.
The nature of suit is stated as Other Fraud.
Enstar -- https://www.enstargroup.com/ -- creates ideal solutions
by thoroughly understanding risks and liabilities.[BN]
The Plaintiffs are represented by:
Jeffrey M. Ostrow, Esq.
KOPELOWITZ OSTROW, PA
One West Las Olas Blvd Ste 500
Ft Lauderdale, FL 33301
Phone: (954) 525-4100 Ext 215
Fax: (954) 525-4300
Email: ostrow@kolawyers.com
- and -
Amina A. Thomas, Esq.
COHEN & MALAD, LLP
One Indiana Square, Suite 1400
Indianapolis, IN 46204
Phone: (317) 636-6481
- and -
Andrew E Mize, Esq.
STRANCH, JENNINGS & GARVEY, PLLC
223 Rosa L. Parks Avenue, Suite 200
Nashville, TN 37203
Phone: (615) 254-8801
Email: amize@stranchlaw.com
- and -
Jonathan Streisfeld, Esq.
KOPELOWITZ OSTROW FERGUSON WEISELBERG KEECHL
200 SW 1st Avenue, Suite 1200
Ft. Lauderdale, FL 33301
Phone: (954) 525-4100
Fax: (954) 525-4300
Email: streisfeld@kolawyers.com
- and -
Raina Borelli, Esq.
Samuel J. Strauss, Esq.
TURKE & STRAUSS, LLP
613 Williamson St., Suite 201
Madison, WI 53703
Phone: (608) 237-1775
Email: sam@turkestrauss.com
- and -
Steven Sukert, Esq.
KOPELOWITZ OSTROW PA
1 W Las Olas Blvd., Suite 500
Fort Lauderdale, FL 33131
Phone: (954) 284-1520
Fax: (954) 525-4300
Email: sukert@kolawyers.com
The Defendants are represented by:
Christian H Tiblier, Esq.
Yameel L. Mercado Robles, Esq.
BAKER & HOSTETLER LLP
200 South Orange Avenue, Suite 2300
Orlando, FL 32801
Phone: (407) 649-4000
Fax: (407) 841-0168
Email: ctiblier@bakerlaw.com
ymercadorobles@bakerlaw.com
FORD MOTOR: Filing for Class Cert Bid in Collier Due August 1
-------------------------------------------------------------
In the class action lawsuit captioned as John Collier et al., v.
Ford Motor Company, Case No. 3:23-cv-05778-BHS (W.D. Wash.), the
Hon. Judge Benjamin Settle entered a scheduling order setting
discovery and class certification briefing schedule as follows:
EVENT DEADLINE
Deadline to Join Additional Parties: 30 days after
answer
Deadline for Fact discovery: Mar. 3, 2025
Deadline for Plaintiffs' Expert Reports: Apr. 4, 2025
Deadline for Defendant's Expert Reports: May 23, 2025
Deadline for Expect discovery: July 18, 2025
Deadline to file motion for Class Aug. 1, 2025
Certification and related Daubert motion(s):
Deadline to file opposition for Class Oct. 31, 2025
Certification and related Daubert motion(s):
Deadline to file reply for Class Dec. 18, 2025
Certification and related Daubert motion(s):
Ford Motor is an American multinational automobile manufacturer.
A copy of the Court's order dated March 14, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=Cmu2eX at no extra
charge.[CC]
GOLDMAN SACHS: Suit Seeks to Certify Usury Class, Goldman Subclass
------------------------------------------------------------------
In the class action lawsuit captioned as MICHAEL T. PARKER, PATRICE
PARKER, ALICE MEJIA, On behalf of themselves individually and a
class of similarly situated persons, v. GOLDMAN SACHS MORTGAGE
COMPANY, LP And NEWREZ LLC d/b/a SHELLPOINT MORTGAGE SERVICING,
Case No. 8:20-cv-03581-ADC (D. Md.), the Plaintiffs request that
the court certify the Usury Class and Goldman Subclass pursuant to
Fed. R. Civ.P. 23(a), (b)(3) and (c)(2) and (5).
The proposed Usury Class and Goldman Subclass cover persons against
whom Shellpoint assessed and/or imposed property inspection fees
onto their mortgage accounts in the State of Maryland.
The Usury Class is defined as follows:
Those persons in the State of Maryland for whom (i)
Shellpoint
has acted as a maker or assignee of a mortgage loan related
to
a secured, mortgage loan at any time or a licensed mortgage
servicer of a mortgage loan owner related to a secured,
mortgage since Jan. 1, 2019; (ii) where Shellpoint charged
their mortgage loan accounts with property inspection fees
and
costs related to the mortgage loan; and (iii) the mortgage
loan
accounts had not been satisfied more than six months before
the
commencement of this action.
The Goldman Subclass is defined as follows:
Those members of the Shellpoint Inspection Fee Usury Class
for
whom Shellpoint collects the subject mortgage loans on
behalf
of Goldman Sachs.
As detailed in the Plaintiff's memorandum of law, the proposed
Usury Class and Goldman Subclass meet all of the requirements of
Fed. R. Civ.P. 23 necessary to certify each and certification will
allow Maryland citizens to recover any actual out of pocket and
statutory
penalties permitted under Maryland's usury or debt collection laws.
The proposed Usury Class and Goldman Subclass each meet the
requirements of Rule 23(a) and 23(b)(3).
The Plaintiffs bring this motion focusing upon on property
inspection fees imposed, charged, and/or collected by Shellpoint
for investors or its own account and by Shellpoint on behalf of
Goldman.
The claims are ripe for class-wide treatment on their remedial,
consumer protection claims under Maryland's usury statute—i.e.
COM. LAW section 12-114(b)(1)(ii) and section 12-121(b)—and the
State's related consumer protection statutes—i.e. the Maryland
Consumer Debt Collection Act ("MCDCA"), COM. LAW section 14-201, et
seq., and Maryland Consumer Protection Act ("MCPA"), COM. LAW
sections 13-101 et seq.
Under Count I of their Amended Class Action Complaint, the
Plaintiffs asserted, on their individual behalf and on behalf of
the Usury Class and Goldman Subclass, that discovery confirms
Shellpoint had no right to impose, but attempted to do so anyway
and/or actually collected from Plaintiffs and similar consumers
across Maryland
property inspection fees barred by COM. LAW section 12-121(b) and
the long-standing precedent of the Maryland Supreme Court f/k/a
Maryland Court of Appeals.
Under Count II of their AC, Plaintiffs asserted in the alternative,
on their individual behalf and on behalf of the Usury Class and
Goldman Subclass, that Shellpoint and Goldman violated the MCDCA
and MCPA.
Goldman is a global investment banking, securities and investment
management firm.
A copy of the Plaintiffs' motion dated March 14, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=YE1ZNJ at no extra
charge.[CC]
The Plaintiffs are represented by:
Scott C. Borison, Esq.
BORISON FIRM LLC
1400 S. Charles St.
Baltimore MD 21230
Telephone: (301) 620-1016
E-mail: scott@borisonfirm.com
- and -
Phillip R. Robinson, Esq.
CONSUMER LAW CENTER LLC
10125 Colesville Road, Suite 378
Silver Spring, MD 20901
Telephone (301) 448-1304
E-mail: phillip@marylandconsumer.com
- and -
Thomas J. Minton, Esq.
GOLDMAN & MINTON, P.C.
3600 Clipper Mill Rd., Suite 201
Baltimore, MD 21211
Telephone: (410) 783-7575
Facsimile: (410) 783-1711
E-mail: tminton@charmcitylegal.com
GREEN DEFENSE PEST: Brown Files Suit in Fla. Cir. Ct.
-----------------------------------------------------
A class action lawsuit has been filed against Green Defense Pest
Control, LLC. case is styled as Radames Brown, individually and on
behalf of all those similarly situated v. Green Defense Pest
Control, LLC, Case No. 2024-10871-CICI (Fla. Cir. Ct., Volusia
Cty., March 7, 2024).
The case type is stated as "Other Civil - Circuit."
Green Defense Pest Control -- https://greendefensepestcontrol.com/
-- is a local business here to provide a quality, eco-friendly pest
service.[BN]
The Plaintiff is represented by:
Zane C. Hedaya, Esq.
110 SE 6th Street
Fort Lauderdale, Florida 33301
HEALTH CARE: Slaughter Suit Transferred to D. Massachusetts
-----------------------------------------------------------
The case captioned as Elizabeth Slaughter, individually and on
behalf of all others similarly situated v. Health Care Service
Corporation, Case No. 1:24-cv-00560 was transferred from the U.S.
District Court for the Northern 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-10584 to the
proceeding.
The nature of suit is stated as Other Personal Property.
Health Care Service Corporation -- https://www.hcsc.com/ -- is a
member-owned health insurance company in the United States.[BN]
The Plaintiff is represented by:
Kevin Laukaitis, Esq.
LAUKAITIS LAW FIRM LLC
954 Avenida Ponce De Leon, Suite 205, #10518
San Juan, PR 00907
Phone: (215) 789-4462
Email: klaukaitis@ecf.courtdrive.com
The Defendants are represented by:
Hickey S. Adam, Esq.
MAYER BROWN
1999 K St NW
Washington, DC 20036
Phone: (202) 263-3024
Email: AHickey@mayerbrown.com
- and -
Joseph DeSimone, Esq.
Luc William Madoc Mitchell
MAYER BROWN LLP
1221 Avenue of the Americas
New York, NY 10020
Phone: (212) 506-2259
Email: jdesimone@mayerbrown.com
lmitchell@mayerbrown.com
- and -
Michael Allen Olsen, Esq.
MAYER BROWN LLP
71 South Wacker Drive
Chicago, IL 60606
Phone: (312) 782-0600
Email: courtnotification@mayerbrown.com
HOUSEKEEPING SERVICES: Seeks More Time to File Class Cert Response
------------------------------------------------------------------
In the class action lawsuit captioned as Josepha D. Cordova Lima,
on behalf of herself and all others similarly situated, Plaintiff,
v. Housekeeping Services of Hilton Head, LLC, DMS LLC, d/b/a DELKO
Enterprise Inc., David L. Myers, and Carlos Dante Acosta,
Individually, Case No. 9:22-cv-04490-BHH (D.S.C.), the Defendants
move the Court pursuant to Local Civ. Rule 6.01 (D.S.C.) for an
enlargement of time for the Defendants to file their responses to
the Plaintiff's motion for conditional class certification.
This request is for an additional 21 days to respond to the motion,
resulting in a deadline of April 4, 2024.
Pursuant to Local Civ. Rule 7.02 Counsels for the Defendants have
conferred with Plaintiff’s counsel, who consents to the
extension.
This extension will not affect any other deadlines in this case.
Respectfully submitted by:
Housekeeping is a full range of 24/7 housekeeping services.
A copy of the Defendants' motion dated March 14, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=l8zQbe at no extra
charge.[CC]
The Defendants are represented by:
Nekki Shutt, Esq.
Sarah J.M. Cox, Esq.
Lydia Robins Hendrix, Esq.
BURNETTE SHUTT & MCDANIEL, PA
912 Lady Street, Second Floor
Columbia, SC 29202-1929
Telephone: (803) 904-7912
Facsimile: (804) 940-7910
E-mail: nshutt@burnetteshutt.law
scox@burnetteshutt.law
lhendrix@burnetteshutt.law
- and -
Thomas J. Rode, Esq.
THURMOND KIRCHNER & TIMBES, P.A.
15 Mid Atlantic Wharf
Charleston, SC 29401
Telephone: (843) 937-8000
E-mail: thomas@tklawyers.com
INNOVATIVE MARKETING: Liz Files ADA Suit in S.D. New York
---------------------------------------------------------
A class action lawsuit has been filed against Innovative Marketing
and Distribution, Inc. The case is styled as Pedro Liz, on behalf
of himself and all others similarly situated v. Innovative
Marketing and Distribution, Inc., Case No. 1:24-cv-01760-VSB
(S.D.N.Y., March 7, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Innovative Marketing & Distribution, Inc. was founded in 1997. The
company's line of business includes providing management consulting
services.[BN]
The Plaintiff is represented by:
Gabriel Levy, Esq.
GABRIEL A. LEVY, P.C.
1129 Northern Blvd., Suite 404
Manhasset, NY 11030
Phone: (516) 287-3458
Email: glevy@glpcfirm.com
KANSAS CITY SOUTHERN: Roberson Suit Seeks to Certify Employee Class
-------------------------------------------------------------------
In the class action lawsuit captioned as Roderick Roberson, Michael
Hudson, Dylon White, Caleb Schmitt, Justin Berberich, Chris Ulrich,
and Ron Collins, individually and on behalf of the proposed class,
v. The Kansas City Southern Railway Co., Case No. 4:22-cv-00358-RK
(W.D. Mo.), the Plaintiffs move the Court for an order certifying:
"A Class including "current, future, and former KCS Train Engine
&
Yard ("TE&Y") employees who have worked enough hours to be
eligible
for Family and Medical Leave Act (FMLA) leave who, at any time
from
three years preceding the complaint's filing to the resolution
of
this action, took or attempted to take FMLA leave."
Kansas City Southern Railway is a transportation holding company.
A copy of the Plaintiff's motion dated March 14, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=rNlCZL at no extra
charge.[CC]
The Plaintiffs are represented by:
Adam W. Hansen, Esq.
Colin Reeves, Esq.
Emma Freeman, Esq.
APOLLO LAW LLC
333 Washington Avenue North, Suite 300
Minneapolis, MN 55401
Telephone: (612) 927-2969
E-mail: adam@apollo-law.com
colin@apollo-law.com
emma@apollo-law.com
- and -
Nicholas D. Thompson, Esq.
Mark Thomson, Esq.
CASEY JONES LAW
525 Junction Rd., Suite 6500
Madison, WI 53717
Telephone: (757) 477-0991
E-mail: nthompson@caseyjones.law
mthomson@caseyjones.law
- and -
Steven L. Groves, Esq.
GROVES POWERS LLC
One U.S. Bank Plaza
505 N. 7th St., Suite 2010
St. Louis, MO 63101
Telephone: (314) 696-2300
E-mail: sgroves@grovespowers.com
KEMPER SPORTS MANAGEMENT: Wilhelm Suit Removed to C.D. California
-----------------------------------------------------------------
The case captioned Kimberly M. Wilhelm, as an individual and on
behalf of all employees similarly situated v. KEMPER SPORTS
MANAGEMENT, LLC, Delaware Limited Liability Company; KEMPER SPORTS
MANAGEMENT HOLDINGS, LLC, a Delaware Limited Liability Company, and
DOES 1 through 50, inclusive, Case No. 30-2024-01376524-CU-OE-CXC
was removed from the Superior Court of the State of California for
the County of Orange, to the U.S. District Court for the Central
District of California on March 7, 2024, and assigned Case No.
8:24-cv-00501.
The Complaint asserts seven causes of action for Failure to Pay All
Wages; Failure to Provide Meal Periods; Failure to Provide Rest
Periods; Failure to Keep Accurate Itemized Wage Statements; Failure
to Pay Wages Upon Termination of Employment; Failure to Reimburse
for Necessary Expenditures; and Violation of Business and
Professions Code (Unfair Business Practices) all in Violation of
the California Labor Code.[BN]
The Defendants are represented by:
Michael J. Burns, Esq.
Andrew M. McNaught, Esq.
SEYFARTH SHAW LLP
560 Mission Street, 31st Floor
San Francisco, CA 94105
Phone: (415) 397-2823
Facsimile: (415) 397-8549
Email: mburns@seyfarth.com
amcnaught@seyfarth.com
- and -
Laura E. Heyne, Esq.
2029 Century Park East, Suite 3500
Los Angeles, CA 90067-3021
Phone: (310) 277-7200
Facsimile: (310) 201-5219
Email: lheyne@seyfarth.com
LIFESTANCE HEALTH: Court Tosses Bid to Dismiss McAfee Class Suit
----------------------------------------------------------------
In the class action lawsuit captioned as Jessica Mcafee, et al., v.
LifeStance Health Group Incorporated, Case No. 2:23-cv-01144-DJH
(D. Ariz.), the Hon. Judge Diane Humetewa entered an order denying
the Defendant's motion to dismiss.
The Court further orders that within 14 days, the Defendant shall
answer the Plaintiffs' complaint pursuant to Federal Rule of Civil
Procedure 12(a)(4)(A).
The Court said, "LifeStance's Motion to Dismiss will be denied in
its entirety. The Plaintiffs' Count One sufficiently pled that
there was a given week between January 2020 to the present where
they were denied minimum wages under the Fair Labor Standards Act
(FLSA), and worked in excess of 40 hours yet were denied overtime
wages under the FLSA.
The Plaintiffs' Count Two plausibly alleged that LifeStance carried
out a scheme constituting unlawful kickbacks under the FLSA.
Moreover, the Plaintiffs demonstrated a bona fide ongoing
controversy between the parties on whether LifeStance's advance on
compensation arrangement is unconstitutional under the Thirteenth
Amendment, the Court adds.
The Plaintiffs alleged they routinely worked 40 and more hours per
week several times a month while receiving less than $450 per week
"for at least one week and as much as twelve weeks."
The Plaintiffs are current or former clinicians who worked at
LifeStance as W-2 employees providing mental health clinical
treatment and therapy to patients.
LifeStance is a mental healthcare company focused on providing
evidence-based, medically driven treatment services for children,
adolescents, and adults suffering from mental health issues.
A copy of the Court's order dated March 13, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=CyL6fN at no extra
charge.[CC]
MARK ZUCKERBERG: Court Dismisses Johnson Case with Leave to Amend
-----------------------------------------------------------------
In the class action lawsuit captioned as TYLER D. JOHNSON, v. MARK
ZUCKERBERG, et al., Case No. 3:23-cv-03910-AMO (N.D. Cal.), the
Hon. Judge Araceli Martinez-Olguin entered an order:
-- dismissing with leave to amend Johnson's complaint, and
-- denying Johnson's motion for class certification, his "Motion
for approval of proposed consent judgment."
If Johnson opted out of the In re Facebook settlement, Johnson may
file an amended complaint no later than 28 days from the date of
this Order. Johnson is not given leave to add any new claims,
plaintiffs, or defendants.
Johnson must use the attached civil rights form, write the case
number for this action on the form, clearly label it "Amended
Complaint," and complete all sections of the form. Because this
amended complaint completely replaces the original complaint,
Johnson must include in it all the claims he wishes to present. He
may not incorporate material from the original complaint by
reference.
Johnson's failure to file his amended complaint by the
twenty-eight-day deadline or to correct the eficiencies outlined
above will result in the dismissal of this action without
prejudice.
It is Johnson's responsibility to prosecute this case. Johnson must
keep the Court informed of any change of address and must comply
with the Court's orders in a timely fashion.
Pursuant to Northern District Local Rule 3-11, a party proceeding
pro se whose address changes while an action is pending must
promptly file a notice of change of address specifying the new
address.
The Court may dismiss without prejudice a complaint when: (1) mail
directed to the pro se party by the Court has been returned to the
Court as not deliverable, and (2) the Court fails to receive within
sixty days of this return a written communication from the pro se
party indicating a current address. See L.R. 3-11(b).
Mr. Johnson alleges that the Defendant Zuckerberg "wrongfully
capitalized and malevolently profited by orchestrating approval of
wrongfully sharing [Johnson's] data or diabolically making
accessible [his] data without his permission to 3rd parties,"
including "app developers, 3rd party whitelist[ed] parties,
business partners, advertisers, and data brokers." Mr. Johnson also
claims that the Defendant Sandberg "wrongfully profited off
illegally shared data to 3rd party brokers, government contacts,
bio-metric technological developers, whitelisted parties, etc."
A copy of the Court's order dated March 13, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=0qyTNr at no extra
charge.[CC]
MARKETSOURCE INC: Court Recommends Denial of Class Cert Bid
-----------------------------------------------------------
In the class action lawsuit captioned as JENNIFER BRUM, et al., v.
MARKETSOURCE, INC., et al., Case No. 2:17-cv-00241-DAD-JDP (E.D.
Cal.), the Hon. Judge Jeremy Peterson recommended that the
Plaintiffs' motion for class certification and motion to strike
should be denied.
These findings and recommendations are submitted to the United
States District Judge assigned to the case, pursuant to the
provisions of 28 U.S.C. section 636(b)(l).
Within 14 days of service of these findings and recommendations,
any party may file written objections with the court and serve a
copy on all parties. Such document should be captioned "Objections
to
Magistrate Judge's Findings and Recommendations." Any response
shall be served and filed within fourteen days of service of the
objections.
The parties are advised that failure to file objections within the
specified time may waive the right to appeal the District Court's
order.
The Plaintiffs move to certify a class comprised of: "All
individuals employed by the Defendants in California as non-exempt,
hourly paid employees who worked for Marketsource in a retail
capacity at any time from Jan. 3, 2013, through the date of class
certification." They also seek to certify the following
subclasses:
1. Overtime Rate Class:
All Class Members employed from Jan. 3, 2013, to Apr. 1,
2015,
who earned a non-discretionary bonus and/or incentive payment
during the same week they earned overtime wages.
2. Off the Clock Class:
All Class Members required to attend off the clock meetings
and/or conference calls from January 3, 2013, to the date of
certification.
3. Rest Break Class:
All Class Members who worked at least one shift of three
and one-half hours or more during the Class Period.
4. Rest Break Premium Class:
All Class Members who worked at least one shift of three
and one-half hours or more during the Class Period.
5. Meal Break Class:
All Class Members who worked at least one shift of more
than five hours during the Class Period.
6. Business Expense Class:
All Class Members, excluding Field Service Representatives,
employed by the Defendants from Jan. 3, 2014, through the
date
of class certification.
7. Final Pay Class:
All Class Members who ended their employment with the
Defendants
at any time from Jan. 3, 2014, through the date of class
certification.
8. Wage Statement Subclass:
All Class Members who received at least one wage statement
from
Jan. 3, 2016, through the date of class certification.
The Plaintiffs also seek to certify a subclass for their unfair
competition claims, which are derivatives of their claims for
"failure to pay employees all wages due during employment,
including meal and rest break premiums, and failure to reimburse
employees for necessary business expenses."
The Plaintiffs allege the Defendants maintain policies and
practices that deprive employees who staff the kiosks to overtime
pay,
timely meal and rest breaks, reimbursement of business expenses,
timely receipt of all wages owed, and accurate wage statements.
Brum was previously employed by the Defendants as a Wireless
TeamLeader at several Target stores in and around Stockton, while
Camero worked as a target mobile manager at two Target stores in
San Diego.
MarketSource is a nationwide sales and marketing company that
partners with clients to provide sales and retail personnel at
client sites throughout the United States.
A copy of the Court's findings and recommendations dated March 14,
2024 is available from PacerMonitor.com at
https://urlcurt.com/u?l=dRIoyg at no extra charge.[CC]
MCLANE FOODSERVICE: Conditional Cert. Bid Stayed Until July 10
--------------------------------------------------------------
In the class action lawsuit captioned as Jordan Orozco Madero et al
v. McLane Foodservice, Inc., Case No. 5:24-cv-00073-KK-DTB (C.D.
Cal.), the Hon. Judge Kenly Kiya Kato entered an order granting in
part and denying in part the Defendant's motion to dismiss.
No later than March 26, 2024, the Plaintiffs shall file either (1)
a First Amended Complaint, or (2) a statement indicating the
Plaintiffs intend to proceed on the causes of action that survive
in the Complaint.
The Plaintiffs are expressly warned that failure to timely file a
first amended complaint will result in this action being dismissed
for failure to prosecute and comply with Court orders.
Additionally, the Plaintiffs' motion for conditional certification
is stayed for a period of 120 days, until July 10, 2024.
No later than Aug. 8, 2024, the parties shall file either (1) a
motion for partial summary judgment addressing the Motor Carrier
exemption or (2) a joint statement indicating a motion for partial
summary judgment will not be filed. The Court finds this is more
than sufficient time to resolve the Motor Carriers Act exemption
issue and is, therefore, not inclined to extend these dates absent
good cause.
On January 12, 2024, the Plaintiffs Jordan Orozco Madero and
Esteban Orosco filed a class action complaint against the Defendant
alleging
federal and California state law claims for wage and hour
violations.
The Plaintiffs allege they worked in excess of 40 hours in various
workweeks, but were not compensated for these overtime hours.
Additionally, the Plaintiffs allege they were required to clock-out
for their mandatory 30-minute meal, even though the Plaintiffs
routinely worked through their meal breaks.
On Feb. 12, 2024, the Plaintiffs filed a motion for conditional
certification of FLSA class action claims. The Plaintiffs seek
conditional certification for "all intrastate delivery drivers who
did not receive overtime compensation at a rate of one and one-half
times their regular rate of pay for all their overtime hours worked
in any workweek within the last three years preceding the
filing of the Complaint."
The Defendant is a trucking and logistics company.
A copy of the Court's order dated March 13, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=bT69G4 at no extra
charge.[CC]
MDL 3014: Ventilator Product Liability Suit Transferred to W.D. Pa.
-------------------------------------------------------------------
In the MDL "In Re: Philips Recalled CPAP, Bi-Level PAP and
Mechanical Ventilator Products Liability Litigation," Judge Karen
K. Caldwell, Chairperson of the U.S. Judicial Panel on
Multidistrict Litigation, transfers case docketed "Whittington v.
Philips Respironics, Inc.," (C.A. No. C.A. No. 2:23−03140,
Southern District of Ohio to the Western District of Pennsylvania,
and, with the consent of that court, assigned to Judge Joy Flowers
Conti for coordinated or consolidated pretrial proceedings.
Whittington moves to vacate this order while Philips Respironics,
Inc. opposes the motion.
Defendant argues that the case shares factual questions with the
actions pending in the MDL because plaintiff alleges that the
Continuous Positive Airway Pressure (CPAP) device at issue in his
complaint was the subject to Philips' recall of certain CPAP,
Bi-Level Positive Airway Pressure (Bi-Level PAP) and mechanical
ventilator devices on June 14, 2021. These allegations, standing
alone, are insufficient to warrant transfer. The MDL encompasses
claims of injury and economic loss allegedly caused by a specific
defect that was the subject of the recall, namely, that the device
contained polyester-based polyurethane (PE-PUR) sound abatement
foam that may degrade into particles or off-gas volatile organic
compounds that may then be ingested or inhaled by the user, causing
injury. To fall within the scope of this MDL, plaintiff must allege
that his injuries were caused by the defect that is the subject of
the recall.
A full-text copy of the court's January 31, 2024 order is available
at
https://www.jpml.uscourts.gov/sites/jpml/files/MDL-3014-Transfer_Order-1-24.pdf
MDL 3080: Insulin Pricing Litigation Consolidated to D. N.J.
------------------------------------------------------------
In "In re: Insulin Pricing Litigation," Judge Karen K. Caldwell,
Chairperson of the U.S. Judicial Panel on Multidistrict Litigation
transfers case "LDG Medical Services Group, L.L.C., et al. v. Eli
Lilly and Company, et al.," C.A. No. 3:23−01515 (D. P.R.) to the
District of New Jersey and, with the consent of that court,
assigned to Judge Brian R. Martinotti for coordinated or
consolidated pretrial proceedings.
The litigation concerns an alleged scheme between insulin
manufacturers and pharmacy benefit managers (PBM) to artificially
and fraudulently inflate the price of insulin and other diabetes
medications. The principal players in the alleged scheme are
insulin manufacturers Eli Lilly and Company, Novo Nordisk, Inc.,
and Sanofi-Aventis U.S., LLC, and three PBMs – CVS Caremark,
Express Scripts, Optum Rx, and their various corporate affiliates.
LDG Medical Services moved to vacate the order conditionally
transferring the action to MDL No. 3080. Defendants CaremarkPCS
Health, L.L.C., Caremark Puerto Rico, L.L.C., Express Scripts,
Inc., and OptumRx, Inc. oppose the motion and support transfer.
Said action involves common questions of fact with the actions
transferred to MDL No. 3080, and that transfer will serve the
convenience of the parties and witnesses and promote the just and
efficient conduct of the litigation. Centralization was warranted
for actions alleging a scheme between insulin manufacturers Eli
Lilly and Company, Novo Nordisk, Inc., and Sanofi-Aventis U.S. LLC,
and pharmacy benefit managers CVS Caremark, Express Scripts, and
Optum Rx, to artificially and fraudulently inflate the price of
insulin and other diabetes medications. The LDG Medical Services
action undisputedly concerns the same alleged insulin pricing
scheme and defendants.
In opposition to transfer, plaintiffs principally argue that the
Puerto Rico legal claims cannot be efficiently litigated in the MDL
because they involve novel issues unique to the Puerto Rico Civil
Code, which the transferor court is better situated to interpret
and transfer to a distant forum will be inconvenient. The panel has
often transferred actions asserting unique state law claims to an
MDL where, as here, the action shares a common factual core with
the MDL actions. Moreover, it is "within the very nature of
coordinated or consolidated pretrial proceedings in multidistrict
litigation for the transferee judge to be called upon to apply the
law of more than one state."
A full-text copy of the court's January 31, 2024 order is available
at
https://www.jpml.uscourts.gov/sites/jpml/files/MDL-3080-Transfer_Order-1-24.pdf
MDL 3095: Panel Denies Transfer of 16 Cases to C.D. Cal.
--------------------------------------------------------
In IN RE: KAISER COVID-19 VACCINATION EMPLOYMENT PRACTICES
LITIGATION, MDL No. 3095, Chairperson Karen K. Caldwell of the U.S.
Judicial Panel on Multidistrict Litigation denies the transfer of
11 cases from the U.S. District Court for the District of Oregon,
and one each from the Central and Northern District of California,
District of Maryland, Eastern District of Virginia and the Western
District of Washington.
Plaintiffs in these actions are former Kaiser health care workers
whose employment was terminated after Kaiser denied their requests
to be exempted from its August 2021 COVID-19 vaccination
requirement on religious grounds, and they declined to be
vaccinated. They assert claims under Title VII, state employment
discrimination laws, or both. The actions will involve some common
issues of fact relating to Kaiser's COVID-19 vaccine policy and its
decision-making process for evaluating religious exemption
requests. The panel concluded that centralization is not necessary
since centralization would provide few efficiencies. Each action
will involve the plaintiff-specific question of whether the
exemption request was based on a sincerely-held religious belief.
Plaintiffs who establish that their objection to the vaccine was
based on a sincerely-held religious belief will have to establish
that Kaiser could have accommodated their unvaccinated status
without undue hardship, a determination that will turn on the
individual plaintiff's job duties, among other things.
Similarly, the cases are likely to involve few pretrial motions on
cross-cutting issues. All plaintiffs bring individual claims; thus,
there is no possibility of inconsistent rulings on class
certification. Defendants have filed motions to dismiss in many of
the actions, and a motion to dismiss already has been ruled on in
an action in the Northern District of California, but those motions
turn almost entirely on case-specific facts, such as whether
plaintiff's action was timely brought, what individual plaintiffs'
job duties were, what religious beliefs they proffered in seeking
an exemption, and how they responded to Kaiser's follow-up
questions regarding their beliefs and prior vaccination history. It
was noted that some of the cases are relatively advanced.
A full-text copy of the court's January 30, 2024 order is available
at
https://www.jpml.uscourts.gov/sites/jpml/files/MDL-3095-Order_Denying_Transfer-1-24.pdf
MDL 3096: 26 Cases Consolidated in Medical Data Breach Row
----------------------------------------------------------
In the multi-district action captioned "In re: Perry Johnson &
Associates Medical Transcription Data Security Breach Litigation,"
MDL No. 3096, Judge Karen K. Caldwell, Chairperson of the U.S.
Judicial Panel on Multidistrict Litigation, transfers 18 cases from
the U.S. District Court of Nevada, and 8 from the Eastern District
of New York, all to the U.S. District Court for the Eastern
District of New York and assigning them to the Honorable Rachel P.
Kovner for coordinated or consolidated pretrial proceedings.
The actions here asserts overlapping claims arising from
allegations of a 2023 data security breach of a portion of Perry
Johnson's computer network. Plaintiffs, who are patients of the
various medical provider defendants that used Perry Johnson's
medical transcription services, allege that the data security
breach potentially affected approximately nine million individuals'
protected health information (PHI) or personal identifying
information (PII). The further allege that Perry Johnson and the
medical provider defendants failed to put in place reasonable data
security protections, which allowed hackers to steal their PII and
PHI. All actions propose overlapping nationwide classes of
individuals whose information allegedly was compromised in the data
breach. Plaintiffs in all cases assert largely similar allegations
and nearly identical claims against defendants, including
negligence, negligence per se, breach of implied contract, and
state consumer protection act violations.
According to the panel, discovery concerning how Perry Johnson's
system was hacked, how and when the breach was identified, what
security measures Perry Johnson and other defendants had in place
to protect customer PII and PHI, and what steps it took after
discovering the breach likely will be complex and time-consuming.
Given the number of actions and involved districts, as well as the
early stage of the cases, centralization likely will avoid
duplicative discovery and other pretrial proceedings, as well as
prevent conflicting pretrial rulings, particularly with respect to
evidentiary issues and class certification. Given the number of
customers affected by the breach and the sensitive nature of the
health information Perry Johnson handles in the course of its
medical transcription business, it seems likely additional
potential tag-along actions will be forthcoming.
With the relative infancy of the actions, the likelihood of
additional tag-along actions, and support from nearly all
plaintiffs and several defendants, the panel views centralization
as offering substantial opportunities to streamline pretrial
proceedings, reduce duplicative discovery, and conserve the
resources of the parties, their counsel and the judiciary.
A full-text copy of the court's January 30, 2024 Transfer Order is
available at
https://www.jpml.uscourts.gov/sites/jpml/files/MDL-3096-Transfer_Order-1-24.pdf
MICHAEL CARVAJAL: Bid to Substitute Party in Damages Claim OK'd
---------------------------------------------------------------
In the class action lawsuit captioned as DAVID CRESPO, ANTHONY
PODIAS, PEDRO ESPADA, JR., ROLFI ESPINAL, KESNEL JUSTE, and ANTHONY
JOSEPH, on their own behalf, and on behalf of two classes of
similarly situated prisoners, v. MICHAEL CARVAJAL, Northeast
Regional Director, Federal Bureau of Prisons; HUGH HURWITZ, Acting
Director, Federal Bureau of Prisons; HERBITO TELLEZ, Warden, MDC
Brooklyn; HERMAN QUAY III, Former Warden, MDC Brooklyn; KIMBERLY
ASK-CARLSON, Former Warden, MDC Brooklyn; GERARD TRAVERS, Health
Services Administrator, MDC Brooklyn; WAYNE DECKER, Former Food
Service Administrator, MDC Brooklyn; and MARY LOU COMER, Food
Service Administrator, MDC Brooklyn, Case No. 1:17-cv-06329-ERK-PK
(E.D.N.Y.), the Hon. Judge Edward Korman entered an order granting
the motion to substitute party in the damages Claim, dismissing as
moot the injunctive relief claim, and the denying as moot the
motion to intervene.
The Plaintiff David Crespo and several co-Plaintiffs filed this
putative class action against the Defendants, who are employees or
former employees of either MDC Brooklyn or the Bureau of Prisons.
The operative complaint alleged that, during their incarceration at
MDC Brooklyn, class members were subject to deficient medical care,
inhumane housing conditions, lack of fresh air and sunlight, and
deficient food services, in violation of their Eighth Amendment
rights. The operative complaint seeks relief for two potential
classes: a damages class, for which the named plaintiffs include
Crespo and co-Plaintiffs, and an injunctive relief class, for
which the only named plaintiff is Crespo.
A copy of the Court's memorandum & order dated March 11, 2024 is
available from PacerMonitor.com at https://urlcurt.com/u?l=ejLkWj
at no extra charge.[CC]
UBER TECHNOLOGIES: Agrees to Settle Taxi Class Suit for $178-MM
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Renju Jose and Byron Kaye, writing for Yahoo!Finance, report that
Uber has agreed to pay A$271.8 million ($178 million) to settle a
lawsuit brought by Australian taxi operators and drivers, who say
they lost income when the ride-hailing company moved into the
country, a law firm said.
The settlement is Australia's fifth-largest, Maurice Blackburn
Lawyers said in a statement.
The class action suit was filed in 2019 in the Supreme Court of
Victoria state on behalf more than 8,000 taxi and hire car owners
and drivers, accusing Uber of breaking laws requiring taxis and
hire cars to be licenced.
Uber's 2012 arrival in the market took revenue from licenced taxi
drivers while destroying the value of the licences they had paid
for, according to the lawsuit.
Uber had said it never knowingly broke the law.
"Uber fought tooth and nail at every point along the way," Maurice
Blackburn Principal Michael Donelly said in a statement.
"After years of refusing to do the right thing by those we say they
harmed, Uber has blinked," he said.
An Uber spokesperson said in an email that the company had
contributed to state-level taxi compensation schemes since 2018
"and with proposed settlement, we put these legacy issues firmly in
our past".
Uber did not disclose the proposed settlement in its response.
Former lawmaker and taxi driver Rod Barton, a member of the class
action, said the settlement vindicated his belief that Uber had
knowingly avoided the country's taxi licencing rules.
"They knew full well they were required to have their drivers and
their vehicles fully licenced," Barton told the Australian
Broadcasting Corp.
"They chose not to do that, and they did a lot of things that gave
them a commercial advantage against the taxi industry, which
established their foothold," he added.
The law was changed in 2015 which allowed Uber to operate without
taxi licences while state governments set up compensation schemes
for taxi drivers and licence owners. [GN]
[*] Duane Morris Sponsors 8th Annual Class Action Conference
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Duane Morris LLP, an Am Law 100 firm, is a sponsor of the Class
Action Money & Ethics Conference this May.
Philadelphia, Pa.-based Duane Morris --
https://www.duanemorris.com/ -- was founded in 1904 and has more
than 900 attorneys in offices across the United States, Europe and
Asia. The firm’s practice areas include Business Reorganization
and Financial Restructuring; Corporate; Employment, Labor, Benefits
& Immigration; Health Law; Intellectual Property; International;
Private client Services; Real Estate; Trial; and Multidisciplinary
Groups.
Join Duane Morris 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;
* Davis Wright Tremaine LLP, an Am Law 100 firm;
* 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
[*] Giftogram Sponsors 8th Annual Class Action Conference
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Giftogram, an online gift-giving platform, is a sponsor of the
Class Action Money & Ethics Conference this May.
Giftogram -- https://giftogram.com/ -- helps businesses send gift
cards and prepaid cards with their chosen design, logo, and custom
message in minutes. The recipient receives the Giftogram and
follows the simple instructions. The recipient then chooses their
preferred gift card from hundreds of today's top brands. They can
use their gift card immediately online or in-store.
Join Giftogram 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;
* Davis Wright Tremaine LLP, an Am Law 100 firm;
* Duane Morris LLP, an Am Law 100 firm;
* 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
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Information contained herein is obtained from sources believed to
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are $25 each. For subscription information, contact
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*** End of Transmission ***