/raid1/www/Hosts/bankrupt/CAR

/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 --------------------------------------------------------------- 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 ------------------------------------------------------------ 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 --------------------------------------------------------- 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 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 ***