/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/240403.mbx C L A S S A C T I O N R E P O R T E R Wednesday, April 3, 2024, Vol. 26, No. 68 Headlines 1ST SOURCE BANK: Edwards Suit Transferred to D. Massachusetts 1ST SOURCE BANK: Kuhn Suit Transferred to D. Massachusetts 1ST SOURCE BANK: Montgomery Suit Transferred to D. Massachusetts 1ST SOURCE: Tompach Suit Transferred to D. Massachusetts 3M COMPANY: McConaughey Sues Over Exposure to Toxic Chemicals 3M COMPANY: Youree Sues Over Exposure to Toxic Film-Forming Foams AARP: Class Cert Bid Filing in Markels Suit Due Jan. 14, 2025 ADVANTAGE SALES: Mejicanos Brings PAGA Claim for Labor Law Breaches ALLSTATE NORTHBROOK: Joint Bid to Seal Docs in Chavez Suit OK'd AMAZON.COM: Parties Seek to Extend Class Cert. Bid Filing Deadline AMERICAN BANKERS: Seeks Denial of Dahl Class Certification Bid AMERICAN INCOME: Massari Seeks Unpaid Minimum, OT Wages ANDY MEISNER: Sinclair Bid to Amend Complaint Granted in Part ANTHEM INC: Court Certifies Class of Health Benefit Plan Members ANTHONY FASULO: $1.92MM Settlement in Palumbo Suit Gets Final Nod APPLE INC: Class Settlement in Shay Suit Gets Final Nod ARIZONA BEVERAGES: Parties Seek Class Cert Filing Extension ASR GROUP: Fowler and Benmeleh Sue Over Price-Fixing of Sugar ASR GROUP: KPH Seeks Damages for Antitrust Violations BMW FINANCIAL: ORG Holdings Files Suit in Ohio Ct. of Common Pleas CAIRE INC: Brennan Files Suit in N.D. Georgia CALIFORNIA AMMONIA: Mesquita Suit Removed to E.D. California CAMELIA BEAUTY: Morgan Files ADA Suit in S.D. New York CANADA DRY: Wins Partial Summary Judgment vs Escalet CENTRAL GARDEN: Seeks More Time to Oppose Brand Class Cert Bid CENTRAL WATERS: Hansen and Smith Sue Over Unlawful Tip Pooling CHANGE HEALTHCARE: Lemke et al. Seek Damages for Data Breach CONTINENTAL AKTIENGESELLSCHAFT: Williams Alleges Tire Price-Fixing CR ENGLAND: Class Action Settlement in Vansickle Gets Final Nod CRANE USA: Website Inaccessible to Blind Users, Miller Suit Claims CREATIVE FOAM: Turner Sues Over Failure to Pay Proper Overtime D2C LLC: Discloses Consumers' Personal Info, Villalobos Claims DAVENPORT TRANSPORTATION: Whitener Sues Over Drivers' Unpaid OT DELINEA INC: Koeller Sues Over Unlawful Telemarketing Calls EASTERN RADIOLOGISTS: Faces Lynch Suit Over Alleged Data Breach EDDIE BAUER: Court Requires Updated Joint Status Report in Clark EGGLAND'S BEST: Faces Roye Consumer Protection Suit EGGLAND'S BEST: Vilchis Sues Over Mislabeled Shell Egg Products ELEGANTE SERVICESS: Martinez Sues Over Unpaid Overtime Wages ELEVANCE HEALTH: Kneppar Bid Conditional Status Partly OK'd ENCOMPASS HEALTH: Norman Seeks to Certify FLSA Collective Action EXP REALTY: Ganz Sues Over Unsolicited Telemarketing Calls EXPEDIA GROUP: Echevarria Suit Seeks Class Certification EXPENSIFY INC: Parties Must Propose Case Schedule in Wilhite Suit EZRICARE LLC: Lopez Sues Over Unlawful Levels of Bacteria FEDEX FREIGHT: Gayden Must Show Cause Why Case Should Proceed FEDEX GROUND: Depina Seeks to Certify Classes & Sub-classes FIFTY WEST: Morse Bid for Class Certification Tossed FILMLAND SPIRITS: Bullock Files ADA Suit in S.D. New York FLO HEALTH: Frasco Class Cert. Bid Terminated w/o Prejudice FLORIDA AGENCY: Bid to File Class Cert Reply Granted in Part FLOWERS FOODS: Class Settlement in Ludlow Gets Final Nod FORD MOTOR: Bids to Seal Granted in Part w/o Prejudice in Lessin FORD MOTOR: Seeks to Decertify 4 Classes in Tershakovec Suit FTX CRYPTOCURRENCY: Plaintiffs Seek to Lift Stay of Discovery GRAND AMERICA: Parties Seek to Extend Time to File Class Cert Bid HANOVER VENTURES: Gonzalez's Bid for Class Certification Granted KEENAN & ASSOCIATES: Ghyam Sues Over Alleged Data Breach L'OREAL USA: Grossenbacher Sues Over Sale of Harmful Products LADY MAY: Dennison et al. File Claim for Labor Violations MULLEN AUTOMOTIVE: Martis Sues Over Misleading Proxy Statements NATIONAL COLLEGIATE: Gaines Seeks Damages for Title IX Violations NORTHEAST ORTHOPEDICS: Coe Sues Over Private Data Breach OCEAN SPRAY CRANBERRIES: Elders Files Suit in S.D. California OGLETHORPE UNIVERSITY: Faces Kochan Breach of Contract Suit OLIVELA INC: Sookul Files ADA Suit in S.D. New York ON SEMICONDUCTOR: Hubacek Suit Transferred to D. Arizona ORANGEBURG COUNTY SCHOOL: Argrow Suit Removed to D. South Carolina PARK MY FLEET: Grewal Suit Removed to E.D. California PUBLIC PARTNERSHIPS: Quitero Suit Removed to S.D. Florida REALPAGE INC: Kabisch Suit Transferred to S.D. New York REDSPEED GEORGIA: Dunn Suit Removed to S.D. Georgia ROADRUNNER TRANSPORTATION: Rojas Files Suit in Cal. Super. Ct. ROSINA FOOD: Demosthene and Jones Allege Labor Law Breaches RURAL/METRO FIRE DEPT: Santiago Suit Removed to S.D. California SCAN HEALTH PLAN: Apodaca Sues Over Failure to Pay All Wages SECURITAS SECURITY: Gandy and Gandy Seek Proper Overtime Wages SHOALS TECHNOLOGIES: Westchester Sues Over Exchange Act Violation SIX FLAGS: Charges Vacationers Hidden Fees, Labrake Suit Says SOURPUSS CLOTHING: Karim Files ADA Suit in S.D. New York SPROUTS FARMERS: Khwaja Alleges Unfair Competition Practices STRATEGIC RETAIL: Faces Harvey Suit Over Worker Misclassification TORRID LLC: Karim Files ADA Suit in S.D. New York TRAVEL RESORTS: Chapman Files TCPA Suit in M.D. North Carolina TVI INC: Villanueva Suit Removed to N.D. California TWO JINN: Parties Seek to Reset Class Cert. Bid Briefing Schedule UBER FREIGHT: Coreno Seeks PAGA Penalties for Labor Breaches UNITED STATES: Class Cert. Briefing Deadlines in Popkova Stricken UNITED STATES: Henry Wins Class Certification Bid UNITED STATES: Sarmiento Balks at Denied Insurance Premium Refunds UNITED SUGAR PRODUCERS: Morelos Bakery Sues Over Price Fixing URBAN LEAF CO: Rascon Files Suit in Cal. Super. Ct. UTILIQUEST LLC: Hicks Suit Removed to E.D. California VAXART INC: Parties Seek Class Cert. Hearing Extension to April 18 VICTOR'S SUSHI: Fails to Pay Proper Wages, Garrett and Tiefert Say VISTA EQUITY: GCERS Files Suit in Del. Chancery Ct. VOSA SPIRITS: Morgan Files ADA Suit in S.D. New York WALMART INC: Class Action Settlement in Haro Suit Gets Initial Nod WALMART INC: Guzman Files Suit in Cal. Super. Ct. WELLS FARGO BANK: Kennedy Suit Removed to E.D. Wisconsin WELLS FARGO: Class Certification Bid Filing Due Jan. 24 WFS EXPRESS INC: Winiecki Suit Removed to E.D. California WILLIAM PINTAS: Mey Files TCPA Suit in N.D. West Virginia YANKEE CANDLE: Wilkins APA Suit Removed to E.D. Pennsylvania ZENLEADS INC: Wilhelm Files Placeholder Bid for Class Certification ZENLEADS INC: Wilhelm Files Suit in N.D. Ohio [*] Gordon Rees Sponsors 8th Annual Class Action Conference [*] Miller Kaplan Sponsors 8th Annual Class Action Conference [*] Tremendous Sponsors 8th Annual Class Action Conference [] Free Webinar on AI, Crypto Class Actions on April 4 ********* 1ST SOURCE BANK: Edwards Suit Transferred to D. Massachusetts ------------------------------------------------------------- The case styled as Patricia Edwards, on behalf of herself and all others similarly situated v. 1st Source Bank, Case No. 3:23-cv-00701 was transferred from the U.S. District Court for the Northern District of Indiana, to the U.S. District Court for the District of Massachusetts on March 19, 2024. The District Court Clerk assigned Case No. 1:24-cv-10690-ADB to the proceeding. The nature of suit is stated as Other P.I. for Breach of Contract. 1st Source -- https://www.1stsource.com/ -- is a financial services company headquartered in South Bend, Indiana.[BN] The Plaintiff is represented by: Gary M. Klinger, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN LLC 227 W. Monroe Street, Suite 2100 Chicago, IL 60606 Phone: (866) 252-0878 Email: gklinger@milberg.com - and - Bryan L. Bleichner, Esq. Philip J. Krzeski, Esq. CHESTNUT CAMBRONNE PA 100 Washington Avenue South, Suite 1700 Minneapolis, MN 55401 Phone: (612) 339-7300 Fax: (612) 336-2940 Email: bbleichner@chestnutcambronne.com pkrzeski@chestnutcambronne.com - and - Josh Sanford, Esq. SANFORD LAW FIRM, PLLC 10800 Financial Centre Pkwy, Suite 510 Little Rock, AK 72211 Phone: (501) 221-0088 Email: josh@sanfordlawfirm.com The Defendant is represented by: John D. LaDue, Esq. LADUE CURRAN & KUEHN LLC 100 E Wayne St Ste 300 South Bend, IN 46601 Phone: (574) 968-0760 Fax: (574) 968-0761 Email: jladue@lck-law.com - and - Kathleen R. Mosier, Esq. Paul Edgar Harold, Esq. SOUTHBANK LEGAL LLC - SB/IN 100 E Wayne St Ste 300 Bend, IN 46601 Phone: (574) 968-0760 Fax: (574) 968-0761 Email: kmosier@southbank.legal pharold@southbank.legal 1ST SOURCE BANK: Kuhn Suit Transferred to D. Massachusetts ---------------------------------------------------------- The case styled as Mark Kuhn, on behalf of himself and all others similarly situated v. 1st Source Bank, Case No. 3:23-cv-00702 was transferred from the U.S. District Court for the Northern District of Indiana, to the U.S. District Court for the District of Massachusetts on March 19, 2024. The District Court Clerk assigned Case No. 1:24-cv-10692-ADB to the proceeding. The nature of suit is stated as Other P.I. for Contract Default. 1st Source -- https://www.1stsource.com/ -- is a financial services company headquartered in South Bend, Indiana.[BN] The Plaintiff is represented by: Justin C. Walker, Esq. MARKOVITS STOCK & DEMARCO LLC 119 E Court St Ste 530 Cincinnati, OH 45202 Phone: (513) 651-3700 Fax: (513) 665-0219 Email: jwalker@msdlegal.com - and - Gary M. Klinger, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN LLC 227 W. Monroe Street, Suite 2100 Chicago, IL 60606 Phone: (847) 208-4585 Email: gklinger@milberg.com The Defendant is represented by: John D. LaDue, Esq. LADUE CURRAN & KUEHN LLC 100 E Wayne St Ste 300 South Bend, IN 46601 Phone: (574) 968-0760 Fax: (574) 968-0761 Email: jladue@lck-law.com - and - Kathleen R. Mosier, Esq. Paul Edgar Harold, Esq. SOUTHBANK LEGAL LLC - SB/IN 100 E Wayne St Ste 300 Bend, IN 46601 Phone: (574) 968-0760 Fax: (574) 968-0761 Email: kmosier@southbank.legal pharold@southbank.legal 1ST SOURCE BANK: Montgomery Suit Transferred to D. Massachusetts ---------------------------------------------------------------- The case styled as Stephanie Montgomery, on behalf of herself and all others similarly situated v. 1st Source Bank, Case No. 3:23-cv-00715 was transferred from the U.S. District Court for the Northern District of Indiana, to the U.S. District Court for the District of Massachusetts on March 19, 2024. The District Court Clerk assigned Case No. 1:24-cv-10694-ADB to the proceeding. The nature of suit is stated as Other P.I. for Contract Default. 1st Source -- https://www.1stsource.com/ -- is a financial services company headquartered in South Bend, Indiana.[BN] The Plaintiff is represented by: Gary M. Klinger, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN LLC 227 W. Monroe Street, Suite 2100 Chicago, IL 60606 Phone: (866) 252-0878 Email: gklinger@milberg.com - and - Joseph M. Lyon, Esq. THE LYON FIRM 2754 Erie Avenue Cincinnati, OH 45208 Phone: (513) 381-2333 Fax: (513) 766-9011 Email: jlyon@thelyonfirm.com - and - Kevin M. Cox, Esq. THE CAMARDO LAW FIRM, PC 127 Genesee Street Auburn, NY 13021 Phone: (315) 252-3846 Email: kevincox@camardo.com The Defendant is represented by: John D. LaDue, Esq. LADUE CURRAN & KUEHN LLC 100 E Wayne St Ste 300 South Bend, IN 46601 Phone: (574) 968-0760 Fax: (574) 968-0761 Email: jladue@lck-law.com - and - Kathleen R. Mosier, Esq. Paul Edgar Harold, Esq. SOUTHBANK LEGAL LLC - SB/IN 100 E Wayne St Ste 300 Bend, IN 46601 Phone: (574) 968-0760 Fax: (574) 968-0761 Email: kmosier@southbank.legal pharold@southbank.legal 1ST SOURCE: Tompach Suit Transferred to D. Massachusetts -------------------------------------------------------- The case styled as Pamela Tompach, on behalf of herself and all others similarly situated v. 1st Source Corporation, 1st Source Bank, Case No. 3:23-cv-00711 was transferred from the U.S. District Court for the Northern District of Indiana, to the U.S. District Court for the District of Massachusetts on March 19, 2024. The District Court Clerk assigned Case No. 1:24-cv-10693-ADB to the proceeding. The nature of suit is stated as Other P.I. for Breach of Contract. 1st Source -- https://www.1stsource.com/ -- is a financial services company headquartered in South Bend, Indiana.[BN] The Plaintiff is represented by: Kathleen A DeLaney, Esq. Christopher S Stake, Esq. DELANEY & DELANEY LLC 3646 N Washington Blvd. Indianapolis, IN 46205 Phone: (317) 920-0400 Fax: (317) 920-0404 Email: kathleen@delaneylaw.net cstake@delaneylaw.net The Defendants are represented by: John D. LaDue, Esq. LADUE CURRAN & KUEHN LLC 100 E Wayne St Ste 300 South Bend, IN 46601 Phone: (574) 968-0760 Fax: (574) 968-0761 Email: jladue@lck-law.com - and - Joshua Luke Becker, Esq. SHOOK HARDY & BACON LLP 1230 Peachtree Street, Suite 1200 Atlanta, GA 30309 Phone: (470) 867-6010 Email: jbecker@shb.com - and - Kathleen R. Mosier, Esq. Paul Edgar Harold, Esq. SOUTHBANK LEGAL LLC - SB/IN 100 E Wayne St Ste 300 Bend, IN 46601 Phone: (574) 968-0760 Fax: (574) 968-0761 Email: kmosier@southbank.legal pharold@southbank.legal 3M COMPANY: McConaughey Sues Over Exposure to Toxic Chemicals ------------------------------------------------------------- Randall McConaughey, as Heir to the Estate of George Lee McConaughey deceased, and others similarly situated v. 3M COMPANY (f/k/a Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS INC.; ALLSTAR FIRE EQUIPMENT; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BASF CORPORATION; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CB GARMENT, INC.; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DAIKIN AMERICA, INC.; DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; FIRE-DEX, LLC; FIRE SERVICE PLUS, INC.; GLOBE MANUFACTURING COMPANY LLC; HONEYWELL SAFETY PRODUCTS USA, INC.; INNOTEX CORP.; JOHNSON CONTROLS, INC.; KIDDE PLC; L.N. CURTIS & SONS; LION GROUP, INC.; MALLORY SAFETY AND SUPPLY LLC; MILIKEN & COMPANY; MINE SAFETY APPLIANCES CO., LLC; MUNICIPAL EMERGENCY SERVICES, INC.; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; PBI PERFORMANCE PRODUCTS, INC.; PERIMETER SOLUTIONS, LP; RICOCHET MANUFACTURING CO., INC; SAFETY COMPONENTS FABRIC TECHNOLOGIES, INC; SOUTHERN MILLS, INC.; STEDFAST USA, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.); VERIDIAN LIMITED; W.L. GORE & ASSOCIATES INC.; WITMER PUBLIC SAFETY GROUP; Case No. 2:24-cv-01397-RMG (D.S.C., March 22, 2024), is brought for damages for personal injury resulting from exposure to aqueous film-forming foams ("AFFF") containing the toxic chemicals collectively known as per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane sulfonic acid ("PFOS") and related chemicals including those that degrade to PFOA and/or PFOS. AFFF is a specialized substance designed to extinguish petroleum-based fires. It has been used for decades by military and civilian firefighters to extinguish fires in training and in response to Class B fires. TOG is personal protective equipment designed for heat and moisture resistance in order to protect firefighters in hazardous situations. Most turnout gear is made up of a thermal liner, moisture barrier, and an outer layer. The inner layers contain PFAS, and the outer layer is often treated with additional PFAS. The Defendants collectively designed, marketed, developed, manufactured, distributed, released, trained users, produced instructional materials, promoted, sold, and/or otherwise released into the stream of commerce AFFF and or TOG with knowledge that it contained highly toxic and bio persistent PFAS, which would expose end users of the product to the risks associated with PFAS. Further, defendants designed, marketed, developed, manufactured, distributed, released, trained users, produced instructional materials, promoted, sold and/or otherwise handled and/or used underlying chemicals and/or products added to AFFF or TOG which contained PFAS for use in firefighting. PFAS binds to proteins in the blood of humans exposed to it where it remains and persists over extended periods of time. Due to their unique chemical structure, PFAS accumulates in the blood and body of exposed individuals. PFAS are highly toxic and carcinogenic chemicals. Defendants knew, or should have known, that PFAS remains in the human body while contemporaneously presenting significant health risks to humans. The Defendants' PFAS-containing AFFF or TOG products were used by Plaintiff in their intended manner, without significant change in the products' condition. Plaintiff was unaware of the dangerous properties of the Defendants' AFFF or TOG products and relied on the Defendants' instructions as to the proper handling of the products. Plaintiff's consumption, inhalation and/or dermal absorption of PFAS from Defendant's AFFF or TOG products caused Plaintiff to develop the serious medical conditions and complications alleged herein. Through this action, Plaintiff seeks to recover compensatory and punitive damages arising out of the permanent and significant damages sustained as a direct result of exposure to Defendants' AFFF or TOG products at several Fire Departments and or Military bases during Plaintiff's training and firefighting activities. Plaintiff further seeks injunctive, equitable, and declaratory relief arising from the same, says the complaint. The Plaintiff Randall McConaughey is a surviving child and heir to the estate of George Lee McConaughy, who regularly used, and was thereby directly exposed to, AFFF and TOG in training and to extinguish fires during his working career as a military and/or civilian firefighter and was diagnosed with prostate cancer as a result of exposure to Defendants' AFFF and TOG products. Decedent's diagnosis caused and/or contributed to his death. The Defendants are designers, marketers, developers, manufacturers, distributors, releasers, instructors, promotors and sellers of PFAS containing AFFF products or underlying PFAS containing chemicals used in AFFF production.[BN] The Plaintiff is represented by: Gregory A. Cade, Esq. Gary A. Anderson, Esq. Kevin B. McKie, Esq. ENVIRONMENTAL LITIGATION GROUP, P.C. 2160 Highland Avenue South Birmingham, AL 35205 Phone: 205-328-9200 Facsimile: 205-328-9456 3M COMPANY: Youree Sues Over Exposure to Toxic Film-Forming Foams ----------------------------------------------------------------- Wilma Youree, as Surviving Spouse and Heir to the Estate of Walter Youree, deceased, and others similarly situated v. 3M COMPANY (f/k/a Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS INC.; ALLSTAR FIRE EQUIPMENT; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BASF CORPORATION; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CB GARMENT, INC.; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DAIKIN AMERICA, INC.; DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; FIRE-DEX, LLC; FIRE SERVICE PLUS, INC.; GLOBE MANUFACTURING COMPANY LLC; HONEYWELL SAFETY PRODUCTS USA, INC.; INNOTEX CORP.; JOHNSON CONTROLS, INC.; KIDDE PLC; L.N. CURTIS & SONS; LION GROUP, INC.; MALLORY SAFETY AND SUPPLY LLC; MILIKEN & COMPANY; MINE SAFETY APPLIANCES CO., LLC; MUNICIPAL EMERGENCY SERVICES, INC.; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; PBI PERFORMANCE PRODUCTS, INC.; PERIMETER SOLUTIONS, LP; RICOCHET MANUFACTURING CO., INC; SAFETY COMPONENTS FABRIC TECHNOLOGIES, INC; SOUTHERN MILLS, INC.; STEDFAST USA, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, assuccessor-in-interest to The Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.); VERIDIAN LIMITED; W.L. GORE & ASSOCIATES INC.; WITMER PUBLIC SAFETY GROUP; Case No. 2:24-cv-01444-RMG (D.S.C., March 25, 2024), is brought for damages for personal injury resulting from exposure to aqueous film-forming foams ("AFFF") containing the toxic chemicals collectively known as per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane sulfonic acid ("PFOS") and related chemicals including those that degrade to PFOA and/or PFOS. AFFF is a specialized substance designed to extinguish petroleum-based fires. It has been used for decades by military and civilian firefighters to extinguish fires in training and in response to Class B fires. TOG is personal protective equipment designed for heat and moisture resistance in order to protect firefighters in hazardous situations. Most turnout gear is made up of a thermal liner, moisture barrier, and an outer layer. The inner layers contain PFAS, and the outer layer is often treated with additional PFAS. The Defendants collectively designed, marketed, developed, manufactured, distributed, released, trained users, produced instructional materials, promoted, sold, and/or otherwise released into the stream of commerce AFFF and or TOG with knowledge that it contained highly toxic and bio persistent PFAS, which would expose end users of the product to the risks associated with PFAS. Further, defendants designed, marketed, developed, manufactured, distributed, released, trained users, produced instructional materials, promoted, sold and/or otherwise handled and/or used underlying chemicals and/or products added to AFFF or TOG which contained PFAS for use in firefighting. PFAS binds to proteins in the blood of humans exposed to it where it remains and persists over extended periods of time. Due to their unique chemical structure, PFAS accumulates in the blood and body of exposed individuals. PFAS are highly toxic and carcinogenic chemicals. Defendants knew, or should have known, that PFAS remains in the human body while contemporaneously presenting significant health risks to humans. The Defendants' PFAS-containing AFFF or TOG products were used by Plaintiff in their intended manner, without significant change in the products' condition. Plaintiff was unaware of the dangerous properties of the Defendants' AFFF or TOG products and relied on the Defendants' instructions as to the proper handling of the products. Plaintiff's consumption, inhalation and/or dermal absorption of PFAS from Defendant's AFFF or TOG products caused Plaintiff to develop the serious medical conditions and complications alleged herein. Through this action, Plaintiff seeks to recover compensatory and punitive damages arising out of the permanent and significant damages sustained as a direct result of exposure to Defendants' AFFF or TOG products at several Fire Departments and or Military bases during Plaintiff's training and firefighting activities. Plaintiff further seeks injunctive, equitable, and declaratory relief arising from the same, says the complaint. The Plaintiff Wilma Youree is the surviving sposue and heir to the estate of Walter Youree, regularly used, and was thereby directly exposed to, AFFF and TOG in training and to extinguish fires during his working career as a military and/or civilian firefighter and was diagnosed with bladder cancer as a result of exposure to Defendants’ AFFF and TOG products. Decedent’s diagnosis caused and/or contributed to his death. The Defendants are designers, marketers, developers, manufacturers, distributors, releasers, instructors, promotors and sellers of PFAS containing AFFF products or underlying PFAS containing chemicals used in AFFF production.[BN] The Plaintiff is represented by: Gregory A. Cade, Esq. Gary A. Anderson, Esq. Kevin B. McKie, Esq. ENVIRONMENTAL LITIGATION GROUP, P.C. 2160 Highland Avenue South Birmingham, AL 35205 Phone: 205-328-9200 Facsimile: 205-328-9456 AARP: Class Cert Bid Filing in Markels Suit Due Jan. 14, 2025 ------------------------------------------------------------- In the class action lawsuit captioned as JAN MARKELS, ET AL., v. AARP, Case No. 4:22-cv-05499-YGR (N.D. Cal.), the Hon. Judge Yvonne Gonzalez Rogers orders the following class certification schedule: Event/Deadline Proposed Date Deadline to add parties or amend April 30, 2024 the pleadings: Deadline for AARP to substantially July 31, 2024 complete production in response to Plaintiffs' initial set of RFPs: Deadline for Plaintiffs to disclose Nov. 22, 2024 identities and subject matter of opinions of class certification experts: Deadline for Plaintiffs' motion for Jan. 14, 2025 class certification and class certification expert disclosures: Deadline For AARP’s opposition to April 15, 2025 Plaintiffs' motion for class certification and class certification expert disclosures: Deadline for Plaintiffs' reply in support June 3, 2025 of their motion for class certification Hearing on Plaintiffs' motion for class June 17, 2025 certification AARP is an interest group in the United States focusing on issues affecting those over the age of fifty. A copy of the Court's order dated March 19, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=aGDtmH at no extra charge.[CC] ADVANTAGE SALES: Mejicanos Brings PAGA Claim for Labor Law Breaches ------------------------------------------------------------------- IREANNA MEJICANOS, an individual, on behalf of herself, all aggrieved employees, and the State of California as a Private Attorneys General v. ADVANTAGE SALES & MARKETING, LLC, a California limited liability company, and DOES 1-50, inclusive, Case No. 24STCV06439 (Cal. Super., Los Angeles Cty., March 14, 2024) seeks penalties under the Private Attorneys General Act (PAGA) for Defendants' alleged violations of the California Labor Code. The Plaintiff, who worked for Defendants as a merchandiser, alleges that Defendants has had a consistent policy and/or practice of committing Labor Code violations, including failing to pay for all hours worked, including overtime, failing to pay wages due upon termination, failing to provide rest and meal breaks, failing to reimburse for required business expenses, and failing to provide accurate itemized wage statements. Headquartered in Irvice, CA, Advantage Sales & Marketing LLC provides outsourced sales, merchandising, and marketing services to consumer goods and food product manufacturers and suppliers. [BN] The Plaintiff is represented by: Nazo Koulloukian, Esq. KOUL LAW FIRM, APC 3435 Wilshire Blvd., Suite 1710 Los Angeles, CA 90010 Telephone: (213) 761-5484 Facsimile: (818) 561-3938 E-mail: nazo@koullaw.com - and - Sahag Majarian, Esq. Garen Majarian, Esq. MAJARIAN LAW GROUP, APC 18250 Ventura Blvd. Tarzana, CA 91356 Telephone: (818) 609-0807 Facsimile: (818) 609-0892 E-mail: sahagii@aol.com garen@majarianlawgroup.com ALLSTATE NORTHBROOK: Joint Bid to Seal Docs in Chavez Suit OK'd --------------------------------------------------------------- In the class action lawsuit captioned as MINERVA CHAVEZ, individually and on behalf of all others similarly situated, v. ALLSTATE NORTHBROOK INDEMINITY COMPANY, Case No. 3:22-cv-00166-AJB-MMP (S.D. Cal.), the Hon. Judge Anthony Battaglia entered an order granting the Parties' joint motion to seal. The Clerk of Court is instructed to file under seal the proposed document currently sealed lodged with the Court. Because the Plaintiff's motion for class certification is more than tangentially related to the merits of the case, the compelling reasons standard applies in determining whether to grant the motion to seal. The Parties seek permission to seal Exhibit 5, excerpts of the Plaintiff's Underwriting File, which the Defendant has marked as "CONFIDENTIAL." Despite the existence of the Protective Order, the Court does not take it into consideration on the instant motion. However, in the instant matter, the Parties have put forth facts and arguments to persuade the Court of the need to seal Exhibit 5. According to the Parties, Exhibit 5 "contains specific nonpublic information associated with Defendant's underwriting of Plaintiff's insurance, including reductions to Plaintiff's premium." The Plaintiff asserts two claims against Defendant Allstate Northbrook Indemnity Company: (1) breach of contract under the implied covenant of good faith and fair dealing; and (2) violation of California's Unfair Competition Law ("UCL") under its unfairness prong. A copy of the Court's order dated March 18, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=PUcqc3 at no extra charge.[CC] AMAZON.COM: Parties Seek to Extend Class Cert. Bid Filing Deadline ------------------------------------------------------------------ In the class action lawsuit captioned as KAELI GARNER, et al., v. AMAZON.COM, INC., a Delaware Corporation, and AMAZON.COM SERVICES LLC, a Delaware Limited Liability Company, Case No. 2:21-cv-00750-RSL (W.D. Wash.), the Parties ask the Court to enter an order modify class certification briefing deadlines as follows: Event Current Proposed Deadline Deadline Last day to file motion for class April 19, 2024 June 18, 2024 certification (including expert report in support of class certification) Last day to file opposition to June 26, 2024 Sept. 16, 2024 class certification (including expert report in opposition to class certification) Last day to file reply in support July 26, 2024 Oct. 31, 2024 of class certification (including reply class certification expert report limited to any new subjects introduced in opposition report) Amazon.com is an American multinational technology company, engaged in e-commerce, cloud computing, online advertising, digital streaming, and artificial intelligence. A copy of the Parties' motion dated March 19, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=Z4i7ZT at no extra charge.[CC] The Plaintiffs are represented by: Bradley S. Keller, Esq. BYRNES KELLER CROMWELL LLP 1000 Second Avenue Seattle, WA 98104 Telephone: (206) 622-2000 Facsimile: (206) 622-2522 E-mail: bkeller@byrneskeller.com - and - Michael P. Canty, Esq. Carol C. Villegas, Esq. Guillaume Buell, Esq. David Saldamando, Esq. Danielle Izzo, Esq. LABATON SUCHAROW LLP 140 Broadway New York, NY 10005 Telephone: (212) 907-0700 Facsimile: (212) 818-0477 E-mail: mcanty@labaton.com cvillegas@labaton.com gbuell@labaton.com dsaldamando@labaton.com dizzo@labaton.com - and - Paul J. Geller, Esq. Stuart A. Davidson, Esq. Mark J. Dearman, Esq. Alexander C. Cohen, Esq. Nicolle B. Brito, Esq. ROBBINS GELLER RUDMAN & DOWD LLP 225 NE Mizner Boulevard, Suite 720 Boca Raton, FL 33432 Telephone: (561) 750-3000 Facsimile: (561) 750-3364 E-mail: pgeller@rgrdlaw.com sdavidson@rgrdlaw.com mdearman@rgrdlaw.com acohen@rgrdlaw.com nbrito@rgrdlaw.com The Defendants are represented by: Brian D. Buckley, Esq. Y. Monica Chan, Esq. Jedediah Wakefield, Esq. Tyler G. Newby, Esq. Armen N. Nercessian, Esq. Garner F. Kropp, Esq. Melissa Lawton, Esq. Esther D. Galan, Esq. Janie Yoo Miller, Esq. FENWICK & WEST LLP 401 Union Street, 5th Floor Seattle, WA 98101 Telephone: (206) 389-4510 Facsimile: (206) 389-4511 E-mail: bbuckley@fenwick.com jwakefield@fenwick.com tnewby@fenwick.com anercessian@fenwick.com gkropp@fenwick.com mlawton@fenwick.com jmiller@fenwick.com egalan@fenwick.com AMERICAN BANKERS: Seeks Denial of Dahl Class Certification Bid --------------------------------------------------------------- In the class action lawsuit captioned as Brendan Dahl, individually and on behalf of others similarly situated, v. American Bankers Insurance Company of Florida, Case No. 3:23-cv-08584-DLR (D. Ariz.), the Defendant asks the Court to enter an order to deny class certification. The Complaint frames the "seminal legal dispute" before the Court as "whether future repair labor, yet to be incurred, may be withheld by [ABIC] as 'depreciation' when [ABIC] calculates and pays its actual cash value ('ACV') payment obligations for structural property losses." Believing the Court should answer that question in the negative, Dahl hopes to represent a putative class of ABIC insureds who made: (1) a structural damage claim for property located in the States at issue; and (2) for which American Bankers Insurance Company of Florida accepted coverage and then chose to calculate actual cash value exclusively pursuant to the replacement cost less depreciation methodology and not any other methodology, such as fair market value; and (3) which resulted in an actual cash value payment during the class period from which non-material depreciation was withheld from the policyholder; or which would have resulted in an actual cash value payment but for the withholding of non-material depreciation causing the loss to drop below the applicable deductible. The nine "States at issue" are Arizona, California, Illinois, Kentucky, Missouri, Mississippi, Ohio, Tennessee, and Washington. The Complaint alleges that ABIC "entered into policies of insurance with Plaintiff and members of the proposed class" and that "these insurance policies govern the relationship between Defendant and Plaintiff, and members of the proposed class." American Bankers provides specialty credit-related insurance products. A copy of the Defendant's motion dated March 19, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=fQqxS8 at no extra charge.[CC] The Plaintiff is represented by: The Defendant is represented by: Patricia Lee Refo, Esq. Kourtney George, Esq. SNELL & WILMER LLP One East Washington Street, Suite 2700 Phoenix, AZ 85004 Telephone: (602) 382-6290 E-mail: prefo@swlaw.com kegeorge@swlaw.com - and - Frank G. Burt, Esq. Brian P. Perryman, Esq. FAEGRE DRINKER BIDDLE & REATH LLP 1500 K Street, NW, Suite 1100 Washington, DC 20005 Telephone: (202) 842-8800 E-mail: frank.burt@faegredrinker.com brian.perryman@faegredrinker.com AMERICAN INCOME: Massari Seeks Unpaid Minimum, OT Wages ------------------------------------------------------- VINCENT MASSARI, on behalf of himself and similarly situated employees v. AMERICAN INCOME LIFE INSURANCE COMPANY, a wholly owned subsidiary of GLOBAL LIFE, GLOBAL LIFE, VENA AGENCIES LLC, a division of AMERICAN INCOME LIFE INSURANCE COMPANY, and TOMMY VENA, individually and as CEO/OWNER of VENA AGENGIES LLC, Case No. 1:24-cv-02153 (N.D. Ill., March 14, 2024) accuses the Defendants of violating the Fair Labor Standards Act of 1938, the Illinois Minimum Wage Law, and the Illinois Wage Payment and Collection Act. The Plaintiff worked for Defendant American Income Life Insurance Company (AILIC) from August 2018 through June 2023 as an insurance producer, selling insurance for the company. Upon hire, Defendants informed Plaintiff and other sales agents that they would be classified as "independent contractors" paid on commission. They were also required to attend training. The training lasts at least several weeks with agents working more than eight hours per day, and six or more days per week while training. Since agents do not make sales while training, they do not receive any compensation for it. While Plaintiff and similarly situated employees are classified as independent contractors, their relationship with Defendants followed the normal path of an employee, not an independent contractor. Yet, they are not paid minimum wage nor overtime pay and are not provided with regular meal and rest breaks. The Defendants allegedly knowingly and intentionally misclassified agents as independent contractors when they are, in fact, employees, says the Plaintiff. The Plaintiff seeks back pay damages, including unpaid wages and overtime, litigation costs, and any further relief available under the FLSA and Illinois law. Headquartered in Texas, AILIC is a life insurance company and a wholly owned subsidiary of Global Life. [BN] The Plaintiff is represented by: Timothy M. Nolan, Esq. NOLAN LAW OFFICE 53 W. Jackson Blvd., Suite 1137 Chicago, IL 60604 Telephone: (312) 322-1100 Facsimile: (310) 566-9886 E-mail: tnolan@nolanwagelaw.com - and - Kenneth J. Hardin II, Esq. Rachel E. Lutz, Esq. HARDIN THOMPSON, P.C. The Frick Building 437 Grant Street, Suite 620 Pittsburgh, PA 15219 Telephone: (412) 315-7195 E-mail: rlutz@hardinlawpc.com ANDY MEISNER: Sinclair Bid to Amend Complaint Granted in Part ------------------------------------------------------------- In the class action lawsuit captioned as MARION SINCLAIR, v. ANDY MEISNER, et al., Case No. 2:18-cv-14042-TGB-MJH (E.D. Mich.), the Hon. Judge Terrence G. Berg entered an order granting in part and denying in part the Plaintiff's motion to amend as follows: -- Sinclair's third amended class-action complaint shall be accepted for filing, and Sinclair may proceed on Counts I through III. -- Defendants' opposition to Sinclair's motion for leave to amend the complaint to add the civil conspiracy claim in Count IV is sustained, and Count IV is dismissed. -- The City of Southfield, Southfield Non-Profit Housing Corporation, Southfield Neighborhood Revitalization Initiative, Frederick Zorn, and Kenneth Siver are consequently TERMINATED as defendants in this action. Oakland County settled the claims in Bowles in 2022. The Honorable Linda V. Parker—to whom the case was assigned—preliminarily approved the settlement in Sept. 2022, and entered a final judgment as to Oakland County in December 2022. The settling class was defined as: "All real property owners formerly owning real property within the County of Oakland who had their real property foreclosed for non-payment of taxes pursuant to the Michigan General Property Tax Act, MCL 211.78, et seq., which was sold at tax auction for more than the amount owed in unpaid taxes, interest, penalties and fees and were not refunded the surplus amount. The period at issue is June 8, 2009 through July 17, 2020. The judgment excluded "any former property owner who has filed their own post-foreclosure civil lawsuit which has become final or has otherwise settled with Oakland County." Marion Sinclair owned a home in Southfield, Michigan. After she fell behind on her property taxes, the Oakland County Treasurer initiated forfeiture and foreclosure proceedings against her under Michigan's General Property Tax Act, MCL sections 211.1-211.157, eventually taking absolute title to her home. A copy of the Court's order dated March 19, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=SCyo5a at no extra charge.[CC] ANTHEM INC: Court Certifies Class of Health Benefit Plan Members ---------------------------------------------------------------- In the class action lawsuit captioned as MARISSA COLLINS, on her own behalf, and on behalf of all others similarly situated, and JAMES BURNETT, on behalf of his son, and on behalf of all others similarly situated, and KARYN SANCHEZ, on behalf of her minor son and all others similarly situated, v. ANTHEM, INC. and ANTHEM UM SERVICES, INC., Case No. 2:20-cv-01969-SIL (E.D.N.Y.), the Hon. Judge Steven Locke entered an order certifying the following class under Rule 23(b)(2): "Any member of a health benefit plan governed by Employee Retirement Income Security Act ("ERISA"), the terms of which require that covered services must be provided in accordance with generally accepted standards of medical practice, (a) whose request for coverage of residential treatment services for a behavioral health disorder was denied for lack of medical necessity by Anthem UM Services, Inc. on or after April 29, 2017; where (b) such denial was based on Anthem's Clinical UM Guidelines or the MCG Guidelines for Residential Behavioral Health Level of Care; and (c) such denial was not reversed on administrative appeal." This class is certified only as to the Plaintiffs' claims for a retrospective injunction in the form of reprocessing, and for declaratory relief, said the Court. The Court also appoints the Plaintiffs' counsel as class counsel. By way of Complaint filed on April 29, 2020, the Plaintiffs commenced this action pursuant to the Employee Retirement Income Security Act of 1974 (ERISA), alleging that: (i) the Defendants breached their fiduciary duties as set forth in 29 U.S.C. section 1104(a); (ii) Anthem UM unreasonably denied requests for coverage for residential behavioral health treatment services submitted by Plaintiffs and putative class members; and (iii) Anthem UM violated the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008. Anthem is an insurer that owns several subsidiaries and is an independent licensee of the Blue Cross and Blue Shield Association A copy of the Court's order dated March 19, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=LW11FU at no extra charge.[CC] ANTHONY FASULO: $1.92MM Settlement in Palumbo Suit Gets Final Nod ----------------------------------------------------------------- In the class action lawsuit captioned as MARK PALUMBO, et al., on behalf of themselves and all persons similarly situated, v. ANTHONY FASULO, et al., Case No. 1:07-cv-00797-PKC-RML (E.D.N.Y.), the Hon. Judge Pamela Chen entered an order granting final approval to the proposed settlement, granting final class certification, approving case contribution awards and releasing welfare claims. -- The Court approves the total amount of the Settlement Fund of $1,925,000 to fully resolve and satisfy the Welfare Claims, to be paid by Defendants in the manner and within the time specified in the Settlement Agreement. -- The Plaintiffs Mark Palumbo, Rosario Prato, Mauricio Martinez and Joseph Ovile are awarded $1,500 each in order to reimburse them for the time and expenses they incurred, including their time spent on prosecuting the Action. The Plaintiffs include ROSARIO PRATO, MAURICIO MARTINEZ, and JOSEPH OVILE as participants and/or former participants of the Pavers and Road Builders District Council Pension Fund, Welfare Fund, Apprenticeship, Skill Improvement and Safety Fund and the United Plant and Production Workers Local 175 Pension Fund, Welfare Fund, and Apprenticeship, Skill Improvement and Safety Fund The Defendants include ALBERT ALIMENA, DOMINICK AGOSTINO, JOHN PETERS, ROBERT CHEVERIE, FRANCISCO FERNANDEZ, JAMES KILKENNEY, PHILIP FAICCO, VINCENT MASINO, ANTHONY ROBIBERO and KEITH LOSCALZO and/or their successors, in their capacity as present and former Trustees of the Pavers and Road Builders District Council Pension Fund, Welfare Fund, Apprenticeship, Skill Improvement and Safety Fund and the PAVERS AND ROAD BUILDERS DISTRICT COUNCIL PENSION FUND, WELFARE FUND, and APPRENTICESHIP, SKILL IMPROVEMENT AND SAFETY FUND. A copy of the Court's order dated March 20, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=TG2eaf at no extra charge.[CC] APPLE INC: Class Settlement in Shay Suit Gets Final Nod ------------------------------------------------------- In the class action lawsuit captioned as RACHAEL SHAY, individually and on behalf of all others similarly situated, V. APPLE INC., a Delaware corporation; APPLE VALUE SERVICES, LLC, a Virginia limited liability corporation; and DOES 1 through 10, inclusive, Case No. 3:20-cv-01629-JO-BLM (S.D. Cal.), the Hon. Judge Jinsook Ohta entered an order: -- granting the Plaintiffs motion for final approval of class action settlement and entry of judgment, -- granting as modified Plaintiffs motion for award of attorneys' fees, costs, and class representative service award, and -- overruling the objection of Hassan Chaalan to proposed class settlement. The Court retains jurisdiction over the Parties, including Class Members, for the purposes of construing, enforcing, and administering the Order and Judgment, as well as the Settlement itself. The Court finds, pursuant to Rules 54(a) and (b) of the Federal Rules of Civil Procedure, that final judgment of dismissal with prejudice as to the Defendants should be entered forthwith and further finds that there is no just reason for delay in the entry of the Judgment, as final judgment, in accordance with the Settlement. The Clerk is directed to enter this Judgment pursuant to Federal Rule of Civil Procedure 58. At the preliminary approval stage, the Court certified the following Settlement Class under Federal Rule of Civil Procedure 23(c) for settlement purposes: "Nationwide Class" shall mean all consumers who purchased an Eligible Gift Card in the United States from March 2018 to July 2020, whose Eligible Gift Card was subject to a redemption attempt prior to activation, whose gift card was redeemed by an unknown third party prior to attempted redemption by the consumer or intended user, and who did not receive a refund or replacement gift card from the Defendants or any third party. "California Subclass" shall mean all consumers who purchased an Eligible Gift Card in the State of California from May 2017 to February 2018, whose gift card was subject to a redemption attempt prior to activation, whose gift card was redeemed by an unknown third party prior to attempted redemption by the consumer or intended user, and who did not receive a refund or replacement gift card from Defendants or any third party. The Settlement Class excludes Defendants, their parents, subsidiaries, affiliates, officers, directors, and employees; any entity in which Defendants have a controlling interest; and all judges assigned to hear any aspect of this litigation, as well as their staff and immediate family members. The Plaintiff, on behalf of the conditionally certified Settlement Class, moves for final approval of a non-reversionary common fund settlement amount of $1,800,000, as well as for allocations toward an award of attorneys' fees and costs to Class Counsel, approval of class administration fees, and a class representative service award to her in this action, initiated May 28, 2020. The Plaintiff asserted the following claims: (1) violations of the consumers legal remedies act; (2) violations of the unfair competition law; (3) negligent misrepresentation; and ( 4) implied warrant of merchantability. Apple designs, develops, and sells consumer electronics, computer software, and online services. A copy of the Court's order dated March 19, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=D0Trba at no extra charge.[CC] ARIZONA BEVERAGES: Parties Seek Class Cert Filing Extension ----------------------------------------------------------- In the class action lawsuit captioned as Infinque Jamison, v. Arizona Beverages USA LLC and Hornell Brewing Co., Inc., Case No. 3:23-cv-00920-RFL (N.D. Cal.), the Parties ask the Court to enter an order compelling the Plaintiff to appear for deposition by a date certain and extending deadline for class certification briefing: Event New Deadline Class certification motion and Plaintiff's May 15, 2024 Class certification expert disclosures due: Defendant's opposition to class certification July 15, 2024 and expert disclosures opposing class certification due: Plaintiff's reply in support of class Aug. 15, 2024 Certification due: Hearing on class certification motion: Sept. 10, 2024 Last Date to complete ADR Oct. 1, 2024 Arizona Beverages is a producer of many flavors of iced tea, juice cocktails, and energy drinks. A copy of the Parties' motion dated March 19, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=WGw8CQ at no extra charge.[CC] The Plaintiff is represented by: J. Ryan Gustafson, Esq. GOOD GUSTAFSON AUMAIS LLP 2330 Westwood Boulevard, No. 103 Los Angeles, CA 90064 Telephone: (310) 274-4663 E-mail: jrg@ggallp.com - and - Steffan Keeton, Esq. THE KEETON FIRM LLC 100 South Commons, Suite 102 Pittsburgh, PA 15212 Telephone: (888) 412-5291 E-mail: STKeeton@Keetonfirm.com The Defendants are represented by: Robert P. Donovan, Esq. STEVENS & LEE 669 River Drive, Suite 201 Elmwood Park, NJ 07407 Telephone: (201) 857-6778 Facsimile: (610) 371-7938 E-mail: Robert.donovan@stevenslee.com - and - Kirby Hsu, Esq. WILLENKEN LLP 707 Wilshire Boulevard, Suite 3850 Los Angeles, CA 90017 Telephone: (213) 955-9240 Facsimile: (216) 955-9450 E-mail: khsu@willenken.com ASR GROUP: Fowler and Benmeleh Sue Over Price-Fixing of Sugar ------------------------------------------------------------- LINDA FOWLER and ISABELLA BENMELEH, on behalf of themselves and all others similarly situated, Plaintiffs v. ASR GROUP INTERNATIONAL, INC.; AMERICAN SUGAR REFINING, INC.; DOMINO FOODS, INC.; UNITED SUGAR PRODUCERS & REFINERS COOPERATIVE f/k/a UNITED SUGARS CORPORATION; MICHIGAN SUGAR COMPANY; COMMODITY INFORMATION, INC.; and RICHARD WISTISEN, Defendants, Case No. 1:24-cv-01972 (S.D.N.Y., March 15, 2024) accuses the Defendants of violating the Sherman Antitrust Act, the Clayton Act, and state antitrust and state consumer protection law in connection with the Defendants' alleged price-fixing conspiracy on granulated sugar. The Defendants are able to fix the price of granulated sugar in the relevant market through the exchange non-public information regarding granulated sugar prices, capacity, sales, volume, supply and demand. As a result of Defendants' unlawful conduct, indirect purchasers of granulated sugar in the United States and its territories, including Plaintiffs and the Class members, paid supracompetitive prices for granulated sugar sold by the producers in the United States and its territories beginning no later than January 1, 2019, says the suit. ASR Group International, Inc. is a privately held Florida corporation and global producer of Granulated Sugar based in West Palm Beach, FL. It claims to be the world's largest refiner and marketer of cane sugar. [BN] The Plaintiffs are represented by: Israel David, Esq. Blake Hunter Yagman, Esq. ISRAEL DAVID LLC 17 State Street, Suite 4010 New York, NY 10004 Telephone: (212) 739-0622 E-mail: israel.david@davidllc.com blake.yagman@davidllc.com ASR GROUP: KPH Seeks Damages for Antitrust Violations ----------------------------------------------------- KPH HEALTHCARE SERVICES, INC., individually and on behalf of all others similarly situated v. ASR GROUP INTERNATIONAL, INC., AMERICAN SUGAR REFINING, INC., DOMINO FOODS, INC., UNITED SUGAR PRODUCERS & REFINERS COOPERATIVE F/K/A UNITED SUGARS CORPORATION, MICHIGAN SUGAR COMPANY, COMMODITY INFORMATION, INC., and RICHARD WISTISEN, Case No. 1:24-cv-01941 (S.D.N.Y., March 14, 2024) accuses the Defendants of violating the Sherman Antitrust Act. The Plaintiff brings this action over Defendants' unlawful agreement to fix prices for Granulated Sugar in the United States. Beginning at least as early as January 1, 2019, Defendants and their co-conspirators allegedly conspired to artificially inflate the price of Granulated Sugar in the country. They did that by knowingly sharing competitively sensitive, non-public information with each other. As a result, direct purchasers of Granulated Sugar in the United States and its territories, including Plaintiff and Class members, paid supra-competitive prices for the product beginning January 1, 2019 up to the present. The Defendants' price-fixing agreement violates the Sherman Antitrust Act, says the suit. ASR Group is a global producer and seller of Granulated Sugar based in West Palm Beach, FL. [BN] The Plaintiff is represented by: Scott Martin, Esq. HAUSFELD LLP 33 Whitehall Street New York, NY 10004 Telephone: (646) 357-1100 Facsimile: (212) 202-4322 - and - Michael Hausfeld, Esq. HAUSFELD LLP 888 16th St. N.W. Suite 300 Washington, D.C. 20006 Telephone: (202) 540-7200 Facsimile: (202) 540-7201 - and - Michael Lehmann, Esq HAUSFELD LLP 600 Montgomery St. Suite 3200 San Francisco, CA 94111 Telephone: (415) 633-1908 Facsimile: (415) 633-4980 - and - Michael L. Roberts, Esq Erich P. Schork, Esq. Sarah E. DeLoach, Esq. ROBERTS LAW FIRM US, PC 1920 McKinney Ave, Suite 700 Dallas, TX 75201 Telephone: (501) 821-5575 Facsimile: (501) 821-4474 E-mail: mikeroberts@robertslawfirm.us erichschork@robertslawfirm.us sarahdeloach@robertslawfirm.us - and - Joseph C. Kohn, Esq. William E. Hoese, Esq. Douglas A. Abrahams, Esq. KOHN, SWIFT & GRAF, P.C. 1600 Market Street, Suite 2500 Philadelphia, PA 19103 Telephone: (215) 238-1700 E-mail: jkohn@kohnswift.com whoese@kohnswift.com dabrahams@kohnswift.com BMW FINANCIAL: ORG Holdings Files Suit in Ohio Ct. of Common Pleas ------------------------------------------------------------------ A class action lawsuit has been filed against BMW Financial Services NA, LLC. The case is styled as ORG Holdings LTD., ON behalf of itself and all others similarly situated v. BMW Financial Services NA, LLC, Case No. CV-24-994599 (Ohio Ct. of Common Pleas, Cuyahoga Cty., March 19, 2024). The case type is stated as "Miscellaneous - Other." BMW Financial Services NA, LLC -- https://www.bmwusa.com/financial-services.html -- provides financial services. The Company offers leasing, retail, and wholesale financing services, as well as offers credit card solutions.[BN] The Plaintiff is represented by: Frank A. Bartela, Esq. 60 SOUTH PARK PLACE Painesville, OH 44077-0000 Phone: 440-352-3391 - and - James A. Deroche, Esq. 2900 Detroit Avenue Van Roy Building, Floor 2 Cleveland, OH 44113 Phone: 216-696-9330 CAIRE INC: Brennan Files Suit in N.D. Georgia --------------------------------------------- A class action lawsuit has been filed against Caire Inc. The case is styled as John Brennan, on behalf of himself and all others similarly situated v. Caire Inc., Case No. 1:24-cv-01169-SDG (N.D. Ga., March 19, 2024). The nature of suit is stated as Other Contract for Breach of Fiduciary Duty. CAIRE Inc. -- https://www.caireinc.com/ -- is a leading global oxygen supply manufacturer offering stationary & portable concentrators liquid oxygen & industrial oxygen products.[BN] The Plaintiff is represented by: Matthew R. Wilson, Esq. MEYER WILSON CO., LPA 1320 Dublin Road, Suite 100 Columbus, OH 43215 Phone: (614) 224-6000 Fax: (614) 224-6066 Email: mwilson@meyerwilson.com - and - Raina C Borrelli, Esq. Samuel J. Strauss, Esq. TURKE & STRAUSS, LLP -WI 613 Williamson Street, Suite 201 Madison, WI 53703 Phone: (608) 237-1775 Fax: (608) 509-4423 Email: raina@turkestrauss.com sam@turkestrauss.com CALIFORNIA AMMONIA: Mesquita Suit Removed to E.D. California ------------------------------------------------------------ The case captioned as Alex Mesquita, individually and on behalf of all similarly situated individuals v. CALIFORNIA AMMONIA CO. d/b/a CALAMCO, a California corporation; DANIEL STONE, an individual; and DOES 1-10, inclusive, Case No. STK-CV-UOE-2024-1136 was removed from the Superior Court of the State of California, in and for the County of San Joaquin, to the United States District Court for the Eastern District of California on March 22, 2024, and assigned Case No. 2:24-cv-00913-JDP. The Plaintiff filed his wage and hour class action against CALAMCO, Daniel Stone, and Does One through 10 on January 30, 2024. In his Complaint, Plaintiff alleges among other things, that CALAMCO and Daniel Stone (collectively, "CALAMCO") violated the California Labor Code by failing to provide requisite minimum wages, failing to pay requisite overtime pay, failing to provide requisite meal periods, failing to provide requisite rest periods, failure to provide accurate wage statements, failure to provide wages when due, failing to reimburse Plaintiff for various business-related expenses, and unlawful business practices.[BN] The Defendants are represented by: Cassandra M. Ferrannini, Esq. Wilfred Gual, Esq. DOWNEY BRAND LLP 621 Capitol Mall, 18th Floor Sacramento, CA 95814 Phone: 916.444.1000 Facsimile: 916.444.2100 Email: cferrannini@downeybrand.com wgual@downeybrand.com CAMELIA BEAUTY: Morgan Files ADA Suit in S.D. New York ------------------------------------------------------ A class action lawsuit has been filed against Camelia Beauty, LLC. The case is styled as Paradise Morgan, individually and as the representative of a class of similarly situated persons v. Camelia Beauty, LLC doing business as: Le Mini Macaron, Case No. 1:24-cv-02033 (S.D.N.Y., March 19, 2024). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Camelia Beauty -- https://www.cameliabeauty.com/ -- is a beauty company focused on nails,. makeup and skincare.[BN] The Plaintiff is represented by: Dan Shaked, Esq. SHAKED LAW GROUP, P.C. 14 Harwood Court, Suite 415 Scarsdale, NY 10583 Phone: (917) 373-9128 Email: shakedlawgroup@gmail.com CANADA DRY: Wins Partial Summary Judgment vs Escalet ---------------------------------------------------- In the class action lawsuit captioned as HECTOR ESCALET, ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, v. CANADA DRY POTOMAC CORP. Case No. 2:23-cv-00329-MMB (E.D. Pa.), the Hon. Judge Baylson entered a memorandum granting Defendant's motion for partial summary judgment and denying Plaintiff's cross-motion for partial summary judgment. An appropriate order follows, the Court says. In light of this, it cannot be disputed that the 2022 amendment, which mirrors and directly cites the Fair Labor Standards Act (FLSA), bars Plaintiff's claims that the regular rate is calculated as one-fortieth of the employee's weekly pay and that he is entitled to 150% more pay. The case before this Court involves claims brought under the Virginia Overtime Wage Act ("VOWA"). The Plaintiff Hector Escalet and class members claim that the Defendant systematically miscalculated and underpaid overtime premiums due to Plaintiff and other similarly situated non-exempt, day-rate employees in violation of VOWA for the period between July 1, 2021 and June 30, 2022. The parties stipulated to Plaintiff's unopposed motion seeking Rule 23 class certification of Plaintiff's VOWA Miscalculated Overtime Claim to include the Plaintiff and the below employee group: All current and former non-exempt, day-rate employees, regardless of actual title, who worked for the Defendant within the Commonwealth of Virginia between July 1, 2021 and June 30, 2022 and, during that time, were paid overtime premiums at a rate less than one and one-half times their regular rate of pay, calculated as one-fortieth (1/40th) of all wages paid for the workweek. Escalet is employed by the Defendant as a Merchandiser. Canada Dry manufactures soft drinks and carbonated waters. A copy of the Court's memorandum dated March 18, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=HKTW4B at no extra charge.[CC] CENTRAL GARDEN: Seeks More Time to Oppose Brand Class Cert Bid --------------------------------------------------------------- In the class action lawsuit captioned as AARON BRAND and JOHN FLODIN, individually and on behalf of all others similarly situated, v. CENTRAL GARDEN & PET COMPANY, a Delaware Corporation, BREEDER'S CHOICE PET FOODS, INC., and Does 1-50, inclusive, Case No. 4:21-cv-01631-JST (N.D. Cal.), the Defendants ask the Court to enter an order granting an extension of 60 days to file an opposition to the Plaintiffs' motion for class certification, making the opposition due July 16, 2024. The Defendants notified the Plaintiffs on March 18, 2024, of their request for a stipulation of an extension, which the Plaintiffs rejected on March 19, 2024. Currently, the Defendants have until May 17, 2024, to respond to the Plaintiffs' motion. Granting this motion would make the Defendants Opposition due July 16, 2024, and a new date would need to be set for the Plaintiffs' reply and the hearing on the motion for Class Certification. No other modifications to the schedule would be necessary, said the Court. Central Garden is a marketer and producer of quality branded products for the lawn & garden and pet supplies markets. A copy of the Defendants' motion dated March 19, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=eGXyqj at no extra charge.[CC] The Defendants are represented by: Ronald Y. Rothstein, Esq. Sean Suber, Esq. Shawn Obi, Esq. WINSTON & STRAWN LLP 35 West Wacker Drive Chicago, IL 60601-9703 Telephone: (312) 558-5600 Facsimile: (312) 558-5700 E-mail: RRothste@winston.com SSuber@winston.com SObi@winston.com CENTRAL WATERS: Hansen and Smith Sue Over Unlawful Tip Pooling -------------------------------------------------------------- ANGELA HANSEN and BRENDON SMITH, each individually and on behalf of all those similarly situated, Plaintiffs v. CENTRAL WATERS BREWING CO., INC., Defendant, Case No. 2:24-cv-00327-LA (E.D. Wis., March 15, 2024) arises from the Defendant's unlawful tip pool practices that violated the Fair Labor Standards Act. The Plaintiffs allege that Defendant operated a mandatory tip pool and allowed managers and supervisors to keep a portion of employees' tips. They assert that Defendant disciplined them, reassigned their work, and terminated their employment because they filed complaints about Defendant's unlawful tip pool practices. Central Waters Brewers Co. is a brewer and operates a taproom in Milwaukee, WI. [BN] The Plaintiffs are represented by: Larry A. Johnson, Esq. Connor J. Clegg, Esq. HAWKS QUINDEL, S.C. 5150 North Port Washington Road Suite 243 Milwaukee, WI 53217 Telephone: (414) 271-8650 Facsimile: (414) 207-6079 E-mail: ljohnson@hq-law.com cclegg@hq-law.com CHANGE HEALTHCARE: Lemke et al. Seek Damages for Data Breach ------------------------------------------------------------ SARA LEMKE and REVIVAL THERAPY, P.C., individually and on behalf of all others similarly situated v. CHANGE HEALTHCARE INC., UNITEDHEALTH GROUP INC., UNITEDHEALTHCARE INC., and OPTUM, INC., Case No. 3:24-cv-00302 (M.D. Tenn., March 14, 2024) accuses the Defendants of failing to properly secure and safeguard clients' personal information, resulting in a data breach. Plaintiff Sara Lemke is a licensed therapist who owns and operates Revival Therapy, P.C. Plaintiff and her business are among those impacted by a massive data breach caused by a ransomware attack that hit Change Healthcare's information technology systems on February 21, 2024. Plaintiffs' and Class members' personally identifiable information (PII) were compromised in the data breach and their access to Defendants' networks and transactional services had also been disrupted. The Plaintiffs allege that the data breach came as a result of Defendants' failure to adequately protect their systems and prepare for known and foreseeable cyberattacks. The Plaintiffs and class members seek damages and injunctive relief for the injuries they sustained as a result of the data breach. They accuse Defendants of, among others, negligence, breach of implied contract, and violations of Illinois Consumer Fraud and Deceptive Business Practices Act. Change Healthcare provides claims management for healthcare providers like hospitals, pharmacies, and physicians. It is headquartered in Nashville, TN. [BN] The Plaintiffs are represented by: Brent S. Snyder, Esq. DANNLAW 2125 Middlebrook Pike Knoxville, TN 37921 Telephone: (865) 264-3328 Facsimile: (865) 546-2777 E-mail: notices@dannlaw.com - and - Brian D Flick, Esq. DANNLAW 15000 Madison Avenue Lakewood, OH 44107 Telephone: (216) 373-0539 Facsimile: (216) 373-0536 E-mail: notices@dannlaw.com - and - Thomas A. Zimmerman, Jr., Esq. ZIMMERMAN LAW OFFICES, P.C. 77 W. Washington Street, Suite 1220 Chicago, IL 60602 Telephone: (312) 440-0020 Facsimile: (312) 440-4180 E-mail: firm@attorneyzim.com CONTINENTAL AKTIENGESELLSCHAFT: Williams Alleges Tire Price-Fixing ------------------------------------------------------------------ KENNETH WILLIAMS, on behalf of himself and all others similarly situated, Plaintiffs v. CONTINENTAL AKTIENGESELLSCHAFT; CONTINENTAL TIRE THE AMERICAS, LLC; COMPAGNIE GENERALE DES ESTABLISSEMENTS MICHELIN SCA; COMPAGNIE FINANCIERE MICHELIN SA; MICHELIN NORTH AMERICA, INC.; NOKIAN TYRES PLC; NOKIAN TYRES INC.; NOKIAN TYRES U.S. OPERATIONS LLC; THE GOODYEAR TIRE & RUBBER COMPANY; PIRELLI & C. S.P.A.; PIRELLI TIRE LLC; BRIDGESTONE CORPORATION; BRIDGESTONE AMERICAS, INC.; AND DOE COMPANIES 1-100, Defendants, Case No. 2:24-cv-10632-TGB-KGA (E.D. Mich., March 12, 2024) arises from the Defendants' alleged violation of the Section 1 of the Sherman Antitrust Act. According to the complaint, the Defendants are the largest tire companies in the world, dominating a global market valued at $180 billion in 2021. Beginning in at least 2020 and carrying on through the present, the Defendants entered into a conspiracy to fix, maintain, and raise the price of tires being sold to purchasers to supracompetitive levels. The Defendants engaged in this concerted scheme through a variety of mechanisms including creating artificial supply shortages, data sharing, and signaling price increases via public statements and meetings for industry members. The result was that Defendants overcharged direct purchasers such as Plaintiff by inflating prices, says the suit. As a result of Defendants' unlawful conduct, Plaintiff and the Class paid artificially inflated prices for tires during the Class Period. Such prices exceeded the amount they would have paid if the price for Tires had been determined by a competitive market. The Plaintiff is a member of a class of entities that purchased tires directly from the Defendants. Continental Aktiengesellschaft is a German multinational automotive parts manufacturing company.[BN] The Plaintiff is represented by: E. Powell Miller, Esq. Dennis A. Lienhardt, Esq. THE MILLER LAW FIRM, P.C. 950 W. University Dr., Suite 300 Rochester, MI 48307 Telephone: (248) 841-2200 E-mail: epm@millerlawpc.com dal@millerlawpc.com - and - Daniel E. Gustafson, Esq. Daniel C. Hedlund, Esq. Michelle J. Looby, Esq. Frances Mahoney-Mosedale, Esq. GUSTAFSON GLUEK PLLC Canadian Pacific Plaza 120 So. Sixth Street, Suite 2600 Minneapolis, MN 55402 Telephone: (612) 333-8844 Facsimile: (612) 339-6622 E-mail: dgustafson@gustafsongluek.com dhedlund@gustafsongluek.com mlooby@gustafsongluek.com fmahoneymosedale@gustafsongluek.com - and - Dianne M. Nast, Esq. Daniel N. Gallucci, Esq. Michael S. Tarringer, Esq. NASTLAW LLC 1101 Market Street Suite 2801 Philadelphia, PA 19107 Telephone: (215) 923-9300 Facsimile: (215) 923-9302 E-mail: dnast@nastlaw.com dgallucci@nastlaw.com mtarringer@nastlaw.com CR ENGLAND: Class Action Settlement in Vansickle Gets Final Nod --------------------------------------------------------------- In the class action lawsuit captioned as Vansickle v. C.R. England (C.R. ENGLAND, INC. DATA BREACH LITIGATION), Case No. 2:22-cv-00374-DAK (D. Utah), the Hon. Judge Dale Kimball entered an order: -- granting Plaintiffs' unopposed motion for final approval of class action settlement and Plaintiffs' motion and application for attorneys' fees, expenses, and service awards to Class Representatives, and denying Plaintiff Bohler's objection to motion and application for attorneys' fees, expenses, and service awards to Class Representatives. The court grants the Plaintiffs' Motions. Therefore, it is ordered: 1. The Court, for the purposes of this Final Judgment, adopts the defined terms as set forth in the Settlement Agreement for any term not otherwise defined herein. 2. The Court finds that the Settlement Agreement is fair, reasonable, and adequate, as expressed further herein. The Court also finds the Settlement Agreement was entered into in good faith, at arm's length and without collusion. The Court approves and directs consummation of the Settlement Agreement. 3. The Court dismisses with prejudice all claims of the Class against the Defendant in the litigation, without costs and fees except as explicitly provided for in the Settlement Agreement. 4. The Court grants Plaintiffs' motion and application for Attorneys' fees, expenses, and service awards to Class Representatives. The Court awards Class Counsel $466,200.00 in Attorneys' fees and reimbursement of expenses of $11,540.93 to be paid according to the terms of the Settlement Agreement. This amount of fees and reimbursement is fair and reasonable. The Court awards the Class Representatives, James Van Sickle, Bruce Bischoff, James Boss, and Albert Singletary, $5,000.00 each to be paid according to the terms of the Settlement Agreement. CR England is a family-owned and operated trucking company. A copy of the Court's memorandum, decision and order dated March 18, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=rhizm9 at no extra charge.[CC] CRANE USA: Website Inaccessible to Blind Users, Miller Suit Claims ------------------------------------------------------------------ KIMBERLY MILLER, ON BEHALF OF HERSELF AND ALL OTHER PERSONS SIMILARLY SITUATED, Plaintiffs v. CRANE USA INC., Defendant, Case No. 1:24-cv-00226-JLS (W.D.N.Y., March 15, 2024) arises from the Defendant's failure to design, construct, maintain, and operate its website to be fully accessible to and independently usable by Plaintiff and other blind or visually-impaired people in violation of the Americans with Disabilities Act and the New York State Human Rights Law. The Plaintiff visited the Defendant's Website in order to purchase the Cool Mist Collapsible Humidifier. The Plaintiff attempted to purchase the Cool Mist Collapsible Humidifier but was unable to locate pricing and was not able to add the item and/or items to the cart due to barriers on Defendant's Website which prevented her from doing so. Crane USA Inc., operates the Crane online retail store across the United States. Its website, https://crane-usa.com, sells humidifiers, air purifiers, and other air quality products and other products available online. [BN] The Plaintiff is represented by: Michael A. LaBollita, Esq. Jeffrey M. Gottlieb, Esq. Dana L. Gottlieb, Esq GOTTLIEB & ASSOCIATES PLLC 150 East 18th Street, Suite PHR New York, NY 10003 Telephone: (212) 228-9795 Facsimile: (212) 982-6284 E-mail: Michael@Gottlieb.legal Jeffrey@gottlieb.legal Dana@Gottlieb.legal CREATIVE FOAM: Turner Sues Over Failure to Pay Proper Overtime -------------------------------------------------------------- KAVEL TURNER, individually and on behalf of all others similarly situated, Plaintiff v. CREATIVE FOAM CORPORATION, a Michigan corporation, Defendant, Case No. 2:24-cv-10629-MAG-DRG (E.D. Mich., March 12, 2024) is a class action against the Defendant seeking to recover Plaintiff's unpaid overtime compensation, liquidated damages, attorney's fees, costs, and other relief as appropriate under the Fair Labor Standards Act. The complaint alleges that Defendant had a policy and practice of willfully refusing to pay Plaintiff and all putative collective members the legally required amount of overtime compensation for all hours worked in excess of 40 hours per workweek, in violation of the FLSA. The Plaintiff was employed with Defendant from approximately September 7, 2021 through approximately October 23, 2023 as a non-exempt operator. Creative Foam Corporation is a manufacturer and supplier of engineered die cut, formed foam, nonwoven and multi-material component solutions to the transportation and healthcare markets.[BN] The Plaintiff is represented by: Jesse L. Young, Esq. SOMMERS SCHWARTZ, P.C. 141 E. Michigan Avenue, Suite 600 Kalamazoo, MI 49007 Telephone: (269) 250-7500 E-mail: jyoung@sommerspc.com - and - Kevin J. Stoops, Esq. SOMMERS SCHWARTZ, P.C. One Town Square, 17th Floor Southfield, MI 48076 Telephone: (248) 355-0300 E-mail: kstoops@sommerspc.com - and - Jonathan Melmed, Esq. Laura Supanich, Esq. MELMED LAW GROUP, P.C. 1801 Century Park East, Suite 850 Los Angeles, CA 90067 Telephone: (310) 824-3828 E-mail: jm@melmedlaw.com lms@melmedlaw.com D2C LLC: Discloses Consumers' Personal Info, Villalobos Claims -------------------------------------------------------------- DINORATH VILLALOBOS and EZEQUIEL PALOMINO, individually and on behalf of all others similarly situated, Plaintiffs v. D2C, LLC, d.b.a. UNIVISION, Defendant, Case No. 5:24-cv-01517 (N.D. Cal., March 12, 2024) is a class action suit brought against Defendant D2C, LLC for violating the Video Privacy Protection Act and California Civil Code by collecting and sharing highly-specific and sensitive information about Plaintiff and similarly situated consumers' video consumption habits without their consent. The Defendant owns and operates a video streaming service platform called Univision NOW which is accessed through the website univisionnow.com or through the mobile application called Univision NOW. Univision NOW specializes in providing various prerecorded shows and movies in America's second-most spoken language, Spanish. Unfortunately for consumers, Defendant secretly discloses the titles and URLs of the videos they consume on this platform, along with consumers' email addresses, to Endeavor Streaming, LLC, an unrelated third party, in yet another commonly used language, Hacker Pig Latin, says the suit. The Defendant violated the VPPA and Cal. Civ. Code by knowingly disclosing personally identifiable information of Plaintiffs and Class Members' -- including the specific videos they requested and obtained, and their email addresses -- to unrelated third parties without their consent, the suit asserts. The Plaintiff has been a subscriber of the Univision NOW streaming service since March of 2020 and uses the service via the application. D2C, LLC owns and operates a video streaming service platform called Univision NOW which is accessed through the website univisionnow.com or through the mobile application called Univision NOW. Univision NOW specializes in providing various prerecorded shows and movies in America's second-most spoken language, Spanish.[BN] The Plaintiffs are represented by: Neal J. Deckant, Esq. Stefan Bogdanovich, Esq. Ines Diaz Villafana, Esq. BURSOR & FISHER, P.A. 1990 North California Blvd., Suite 940 Walnut Creek, CA 94596 Telephone: (925) 300-4455 Facsimile: (925) 407-2700 E-mail: ndeckant@bursor.com sbogdanovich@bursor.com idiaz@bursor.com DAVENPORT TRANSPORTATION: Whitener Sues Over Drivers' Unpaid OT --------------------------------------------------------------- JON P. WHITENER, individually, and on behalf of himself and other similarly situated current and former employees, Plaintiff v. DAVENPORT TRANSPORTATION, INC., Defendant, Case No. 1:24-cv-00114 (E.D. Tenn., March 12, 2024) seeks to recover unpaid overtime compensation and other damages owed to Plaintiff and other similarly situated current and former drivers of Defendant under the Fair Labor Standards Act. The Plaintiff and those similarly situated performed work for Defendant as truck drivers within state lines during quarterly intervals and worked in excess of 40 within weekly pay periods without being paid for such overtime hours at one and one-half times their hourly rates of pay. Davenport Transportation, Inc. owns and operates a fleet of trucks that primarily transport mail for the United States Postal Service.[BN] The Plaintiff is represented by: Gordon E. Jackson, Esq. J. Russ Bryant, Esq. Joshua Autry, Esq. J. Joseph Leatherwood IV, Esq. JACKSON, SHIELDS, YEISER, HOLT OWEN & BRYANT 262 German Oak Drive Memphis, TN 38018 Telephone: (901) 754-8001 Facsimile: (901) 754-8524 E-mail: gjackson@jsyc.com rbryant@jsyc.com jautry@jsyc.com jleatherwood@jsyc.com DELINEA INC: Koeller Sues Over Unlawful Telemarketing Calls ----------------------------------------------------------- EDWARD J. KOELLER, individually and on behalf of all others similarly situated v. DELINEA INC., Case No. 4:24-cv-00394 (E.D. Mo., March 14, 2024) accuses the Defendant of violating the Telephone Consumer Protection Act of 1991 and the Missouri Telemarketing No-Call List Law. The Plaintiff alleges that he received multiple telephone solicitation calls from Defendant in a 12-month period, despite Plaintiff's registration of his telephone number on the National Do Not Call Registry and the Missouri No-Call List. Initiating any telephone solicitation to a residential or telephone subscriber who has registered his or her number on the National Do Not Call Registry is prohibited under the TCPA. Similarly, it is a violation of the Missouri Telemarketing No-Call List to make any telephone solicitation to any residential subscriber in the state who has placed his or her phone number on the state's No-Call List, says the Plaintiff. The Plaintiff seeks damages and injunctive relief for Defendant's alleged violations. Based in California, Delinea is a provider of privileged access management solutions for the modern, hybrid enterprise. [BN] The Plaintiff is represented by: Anthony I. Paronich, Esq. PARONICH LAW, P.C. 350 Lincoln Street, Suite 2400 Hingham, MA 02043 Telephone: (617) 485-0018 Facsimile: (508) 318-8100 E-mail: anthony@paronichlaw.com EASTERN RADIOLOGISTS: Faces Lynch Suit Over Alleged Data Breach --------------------------------------------------------------- Heisha Lynch, and J.L., a minor by and through their legal guardian Heisha Lynch, individually, and on behalf of all others similarly situated v. Eastern Radiologists, Inc, Case No. 4:24-cv-00041-FL (E.D.N.C., March 14, 2024) accuses the Defendant of failing to adequately protect patients' private information resulting in a data breach. This action arises from a data security incident experienced by Defendant from November 20 to 23, 2023 in which personal and medical information belonging to Plaintiffs and Class members were compromised. Plaintiffs, who are patients at Defendant, allege that the data breach and the successful exfiltration of Plaintiffs' and Class members' private information were the direct, proximate, and foreseeable results of multiple failings on the part of Defendant. In particular, the Defendant failed to implement reasonable security protections to safeguard its information systems and databases. The Plaintiffs seek damages for negligence, negligence per se, breach of implied contract, unjust enrichment, and invasion of privacy. Based in Greenville, NC, Eastern Radiologists, Inc is a healthcare practice that provides diagnostic imaging services. [BN] The Plaintiffs are represented by: F. Hill Allen, Esq. THARRINGTON SMITH, LLP P.O. Box 1151 Raleigh, NC 27602 Telephone: (919) 821-4711 Facsimile: (919) 829-1583 E-mail: hallen@tharringtonsmith.com - and - Bryan L. Clobes, Esq. Daniel O. Herrera, Esq. Nickolas J. Hagman, Esq. Mohammed A. Rathur, Esq. CAFFERTY CLOBES MERIWETHER & SPRENGEL LLP 135 S. LaSalle, Suite 3210 Chicago, IL 60603 Telephone: (312) 782-4880 Facsimile: (312) 782-4485 E-mail: bclobes@caffertyclobes.com dherrera@caffertyclobes.com nhagman@caffertyclobes.com mrathur@caffertyclobes.com EDDIE BAUER: Court Requires Updated Joint Status Report in Clark ---------------------------------------------------------------- In the class action lawsuit captioned as SUSAN CLARK, for herself and/or on behalf of all others similarly situated, v. EDDIE BAUER LLC, et al., Case No. 2:20-cv-01106-RAJ (W.D. Wash.), the Hon. Judge Richard Jones entered an order requiring updated joint status report. On March 14, 2024, the Ninth Circuit Court of Appeals issued its Mandate effectuating its Memorandum Opinion affirming in part and reversing in part the Court's grant of the Defendants' motion to dismiss, and remanding this matter for further proceedings. Counsel are directed to confer and provide the Court with a combined joint status report by March 27, 2024, setting forth the parties' proposed briefing schedule on class certification. The Plaintiff's counsel will be responsible for starting the communications needed to comply with this Order. If the parties are unable to agree on any part of the joint status report, they may answer in separate paragraphs. No separate reports are to be filed. If settlement is achieved, counsel shall immediately notify Victoria Ericksen, Courtroom Deputy, at victoria_ericksen@wawd.uscourts.gov. Eddie Bauer is an American clothing store chain. A copy of the Court's order dated March 18, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=0RMfAd at no extra charge.[CC] EGGLAND'S BEST: Faces Roye Consumer Protection Suit --------------------------------------------------- CHANYA ROYE, on behalf of herself and all others similarly situated v. EGGLAND'S BEST, INC. and EGGLAND’S BEST, LLC, Case No. 2:24-cv-02083 (C.D. Cal., March 14, 2024) seeks equitable relief and damages over Defendants' alleged violations of the California Legal Remedies Act, the California False Advertising Law, and the California Unfair Competition Law. The Plaintiff alleges that Defendants have engaged in false and deceptive marketing by claiming that their shell egg products contain "25% Less Saturated Fat Than Regular Eggs". However, recent independent laboratory testing of Defendants' eggs found that they actually contain more saturated fat than other eggs. The Defendants' on-label representation is misleading to consumers and those who purchased the products in question, including Plaintiff and class members, suffered injury as a result, says the suit. Headquartered in Pennsylvania, Eggland's Best, Inc. is engaged in the processing, marketing, and distribution of shell eggs to consumers throughout California and the United States. [BN] The Plaintiff is represented by: P. Renee Wicklund, Esq. RICHMAN LAW AND POLICY 535 Mission Street, 14th Floor San Francisco, CA 94105 Telephone: (914) 693-2018 E-mail: rwicklund@richmanlawpolicy.com EGGLAND'S BEST: Vilchis Sues Over Mislabeled Shell Egg Products --------------------------------------------------------------- RICHARD VILCHIS, on behalf of himself and all others similarly situated, Plaintiff v. EGGLAND'S BEST, INC. and EGGLAND'S BEST, LLC, Defendants, Case No. 1:24-cv-02073 (N.D. Ill., March 12, 2024) seeks equitable relief and damages against Defendants pursuant to the Illinois Consumer Fraud and Deceptive Business Practices Act and the Illinois Uniform Deceptive Trade Practices Act due to the false and deceptive marketing and sale of their shell egg products labeled with the claim "25% Less Saturated Fat than Regular Eggs." According to the complaint, Eggland's Best's eggs do not have the nutritional qualities that the label asserts, and instead, laboratory testing has revealed that Eggland's Best's eggs contain higher levels of saturated fat than non-Eggland's Best-branded "Regular Eggs." By deceiving Plaintiff and similarly situated consumers about the nature of the products, Eggland's Best is able to sell a greater volume of the products, charge higher prices for the products, and take away market share from competing brands, thereby increasing its own sales and profits, says the suit. Eggland's Best, Inc. is the second largest egg producer in the United States.[BN] The Plaintiff is represented by: P. Renee Wicklund, Esq. RICHMAN LAW & POLICY 1 Bridge Street, Suite 83 Irvington, NY 10533 Telephone: (914) 693-2018 E-mail: rwicklund@richmanlawpolicy.com ELEGANTE SERVICESS: Martinez Sues Over Unpaid Overtime Wages ------------------------------------------------------------ Jordan Martinez, on behalf of himself and all other persons similarly situated v. ELEGANTE SERVICESS INC., JOSE VILORIA and ANGELA A. PRATTS, Case No. 1:24-cv-02058 (S.D.N.Y., March 19, 2024), is brought to recover unpaid regular wages, unpaid overtime wages pursuant to the Fair Labor Standards Act ("FLSA") and under the New York Labor Law and the supporting New York State Department of Labor Regulations ("NYLL"). Throughout Plaintiff's entire period of employment, Defendant required Plaintiff to work, and Plaintiff did in fact work, more than forty hours per week, all for Defendant's benefit. The Defendant failed to pay Plaintiff overtime at a rate of one and one-half times his regular hourly rate of pay for all hours worked in excess of forty hours per week in violation of the FLSA and NYLL. During his employment with Defendant, Plaintiff almost never received an uninterrupted meal break. Defendant regularly deducted 4 to 6 hours from Plaintiff's weekly earnings for meal breaks that he did not receive pursuant to its company-wide payroll practice and procedure of automatically deducting for meal breaks regardless of whether or not employees actually receive a meal break. As a result of the foregoing, Defendant failed to pay Plaintiff at a rate of one and one-half times his regular rate for all hours worked after 40 hours each workweek in violation of the FLSA and NYLL, says the complaint. The Plaintiff has worked for the Defendant as a non-exempt, hourly-paid medical transportation driver operator. The Defendant provides non-emergency medical transportation services.[BN] The Plaintiff is represented by: Peter A. Romero, Esq. ROMERO LAW GROUP PLLC 490 Wheeler Road, Suite 277 Hauppauge, NY 11788 Phone: (631) 257-5588 Email: Promero@RomeroLawNY.com ELEVANCE HEALTH: Kneppar Bid Conditional Status Partly OK'd ----------------------------------------------------------- In the class action lawsuit captioned as LEAH KNEPPAR, on behalf of herself and all those similarly situated, v. THE ELEVANCE HEALTH COMPANIES, INC., f/k/a THE ANTHEM COMPANIES, INC., Case No. 8:23-cv-00863-MJM (D. Md.), the Hon. Judge Matthew J. Maddox entered a memorandum granting in part the Plaintiff's motion for conditional certification and court-authorized notice under the Fair Labor Standards Act ("FLSA"), and approving the Plaintiff's proposed notice and distribution plan with modifications. In sum, the Court shall direct Defendant to disclose to the Plaintiff names, contact information, and periods of employment for members of the putative collective; authorize initial distribution of the Plaintiff's proposed notice form to collective members by U.S. mail, email, and text message; and authorize reminder notices by email only 21 days before the end of a 60-day notice period. The Plaintiff filed this putative state-wide class and collective action on behalf of herself and similarly situated employees of the Defendant alleging denial of overtime compensation in violation of the FLSA, the Maryland Wage Hour Law, and the Maryland Wage Payment and Collection Law. The Plaintiff alleges that she and similarly situated employees of Defendant were primarily responsible for conducting "medical necessity reviews" for "medical authorization requests submitted by healthcare providers against pre-determined guidelines and criteria for insurance coverage and payment purposes." The Plaintiff and similarly situated employees were paid a salary and treated as exempt from overtime pay. I The Plaintiff requests, for purposes of court-authorized notice of this action, conditional certification of a putative collective defined as follows: "All persons who worked as Medical Management Nurses, Utilization Management Nurses, Utilization Managers, Utilization Review Nurses, or in similar job titles who were paid a salary and treated as exempt from overtime laws and were primarily responsible for performing medical necessity reviews for the Defendant in Maryland at any time since three years prior to the filing of this Complaint through judgment." The Plaintiff was employed by the Defendant as a medical management nurse from February 2019 to March 2023, working remotely from her home in Leonardtown, Maryland. The Defendant is a health insurance company that operates office locations in multiple states, including Maryland. A copy of the Court's memorandum dated March 18, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=YkHEtE at no extra charge.[CC] ENCOMPASS HEALTH: Norman Seeks to Certify FLSA Collective Action ---------------------------------------------------------------- In the class action lawsuit captioned as BRENDA L. NORMAN, individually and on behalf of all others similarly situated, v. ENCOMPASS HEALTH REHABILITATION HOSPITAL OF NORTHERN VIRGINIA, LLC, et al., Case No. 1:23-cv-01518-AJT-WBP (E.D. Va.), the Plaintiff asks the Court to enter an order authorizing issuance of notice to prospective collective action members of the pendency of the lawsuit pursuant to the federal Fair Labor Standards Act (FLSA). Encompass offers inpatient rehabilitative services. A copy of the Plaintiff's motion dated March 19, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=5AzO8x at no extra charge.[CC] The Plaintiff is represented by: Craig Juraj Curwood, Esq. Zev H. Antell, Esq. Samantha R. Galina, Esq. BUTLER CURWOOD, PLC 140 Virginia Street, Suite 302 Richmond, VA 23219 Telephone: (804) 648-4848 Facsimile: (804) 237-0413 E-mail: craig@butlercurwood.com zev@butlercurwood.com samantha@butlercurwood.com - and - Melinda Arbuckle, Esq. Ricardo J. Prieto, Esq. WAGE AND HOUR FIRM 5050 Quorum Drive, Suite 700 Dallas, TX 75254 Telephone: (214) 489-7653 Facsimile: (469) 319-0317 E-mail: marbuckle@wageandhourfirm.com rprieto@wageandhourfirm.com EXP REALTY: Ganz Sues Over Unsolicited Telemarketing Calls ---------------------------------------------------------- CARL GANZ, on behalf of himself and those similarly situated, Plaintiff v. EXP REALTY, LLC, EXP WORLD HOLDINGS, INC. and EXP REALTY OF CALIFORNIA, INC., Defendants, Case No. 3:24-cv-01604-WHO (N.D. Cal., March 15, 2024) alleges that the Defendants violated the Telephone Consumer Protection Act and related regulations by placing unsolicited automated text messages and calls to Plaintiff and the putative class on their respective cellular phones which are registered with the National Do-Not Call Registry. Allegedly, Defendants made unsolicited and automated telemarketing calls without the prior express written consent of the recipients and unsolicited calls to persons who have registered their cellular telephone number on the DNC. Through this conduct, Defendants have invaded the privacy of Plaintiff and the members of the Class, says the suit. Based in Bellingham, WA, EXP Realty, LLC is a full-service luxury real estate brokerage and lifestyle company providing services during the home buying and selling process. [BN] The Plaintiff is represented by: Abbas Kazerounian, Esq. David J. McGlothlin, Esq. Mona Amini, Esq. Gustavo Ponce, Esq. KAZEROUNI LAW GROUP, APC 245 Fischer Avenue, Unit D1 Costa Mesa, CA 92626 Telephone: (800) 400-6808 Facsimile: (800) 520-5523 E-mail: ak@kazlg.com david@kazlg.com mona@kazlg.com gustavo@kazlg.com EXPEDIA GROUP: Echevarria Suit Seeks Class Certification -------------------------------------------------------- In the class action lawsuit captioned as MARIO ECHEVARRIA, v. EXPEDIA GROUP, INC., HOTELS.COM L.P., HOTELS.COM GP, ORBITZ, LLC, Case No. 1:19-cv-22621-FAM (S.D. Fla.), the Plaintiff asks the Court to enter an order: -- certifying a proposed issues Class under Fed. R. Civ. P. 23(c)(4), -- approving Plaintiff's proposed Notice Plan, and -- appointing his undersigned attorneys as Class Counsel. Mario Echevarria moves for partial class certification of core liability issues, including trafficking, which are fundamental to his claim and the claims of all putative Class Members. He proposes the following class definition: All U.S. nationals who own a claim to real property in Cuba that was confiscated by the Cuban government prior to March 12, 1996, where now stands a hotel that was operated by Iberostar, for which reservations were offered and sold through Expedia, at any time after Jan. 30, 2018. The class excludes (a) Defendants, their officers, directors, management, employees, subsidiaries, affiliates, agents, and attorneys; and (b) any judges or justices involved in this action and any members of their immediate families. Mr. Echevarria holds a claim to a 12.5% interest in the Cayo Coco Property through intestate succession, as set forth in the genealogy, and the expert report of Avelino Gonzalez, Esq. Expedia is an American travel technology company that owns and operates travel fare aggregators and travel metasearch engines. A copy of the Plaintiff's motion dated March 20, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=doHJBK at no extra charge.[CC] The Plaintiff is represented by: Andres Rivero, Esq. Alan Rolnick, Esq. Ana C. Malave, Esq. Sylmarie Trujillo, Esq. Brandon Cruz, Esq. Briana Josephs, Esq. RIVERO MESTRE LLP 2525 Ponce de Leon Blvd., Suite 1000 Coral Gables, FL 33134 Telephone: (305) 445-2500 Facsimile: (305) 445-2505 E-mail: arivero@riveromestre.com arolnick@riveromestre.com amalave@riveromestre.com bcruz@riveromestre.com bjosephs@riveromestre.com - and - Manuel Vazquez, Esq. MANUEL VAZQUEZ, P.A. 2332 Galiano St., Second Floor Coral Gables, FL 33134 Telephone: (305) 445-2344 Facsimile: (305) 445-4404 E-mail: mvaz@mvazlaw.com EXPENSIFY INC: Parties Must Propose Case Schedule in Wilhite Suit ----------------------------------------------------------------- In the class action lawsuit captioned as Wilhite v. Expensify, Inc. et al., Case No. 3:23-cv-01784 (D. Or., Filed Nov. 29, 2023), the Hon. Judge Jolie A. Russo entered an order on motion for extension of time. The parties shall propose further case scheduling, including deadlines for class certification and discovery, within 14 days following final ruling on the motion to dismiss, said the Court. The suit alleges violation of the Securities Exchange Act. Expensify is a software company that develops an expense management system for personal and business use.[CC] EZRICARE LLC: Lopez Sues Over Unlawful Levels of Bacteria --------------------------------------------------------- Joseph Lopez, individually and on behalf of a class of similarly situated persons v. EZRICARE LLC, and WALMART INC., Case No. 1:24-cv 02016 (E.D.N.Y., March 19, 2024), is brought on behalf of persons who purchased EzriCare Artificial Tears (the "Products") which contained unlawful levels of bacteria. The Defendants' artificial tears are adulterated and contaminated with "a rare, extensively drug-resistant strain of Pseudomonas aeruginosa bacteria." The presence of the Pseudomonas Aeruginosa bacteria in the Products is due to, among other things, Defendants' violation of Current Good Manufacturing Processes (as identified by the Food and Drug Administration), including "lack of appropriate microbial testing, formulation issues (the company manufactures and distributes ophthalmic drugs in multi-use bottles, without an adequate preservative), and lack of proper controls concerning tamper-evident packaging." These violations, along with the presence of this rare and, in some cases, deadly, bacteria pose a significant and severe health risk to consumers, such as Plaintiff and the putative class, who purchased and used Defendants' Products. Plaintiff and the putative class suffered economic damages due to Defendants' misconduct and seek damages for the purchase of the contaminated Products they purchased, says the complaint. The Plaintiff purchased EzriCare Artificial Tears from Walmart Supercenter in Valley Stream, New York in July 2022. The Defendants manufacture, design, import, advertise, label, distribute, market, and sell several over-the-counter pharmaceutical products, including the above-named Products, which contain a solution of Carboxymethylcellulose Sodium 10 MG in 1 ml.[BN] The Plaintiff is represented by: Charles D. Moore, Esq. REESE LLP 100 South 5th Street, Ste. 1900 Minneapolis, MN 55402 Phone: (212) 643-0500 Email: cmoore@reesellp.com - and - Michael R. Reese, Esq. REESE LLP 100 West 93rd Street, 16th Floor New York, NY 10025 Phone: (212) 643-0500 Email: mreese@reesellp.com - and - Kevin Laukaitis, Esq. LAUKAITIS LAW FIRM LLC 954 Avenida Pone De Leon, Suite 205, #10518 San Juan, PR 00907 Phone: (215) 789-4462 Email: klaukaitis@laukaitislaw.com FEDEX FREIGHT: Gayden Must Show Cause Why Case Should Proceed ------------------------------------------------------------- In the class action lawsuit captioned as Seandee Gayden v. FedEx Freight, Inc. et al., Case No. 2:23-cv-06560-MCS-AS (C.D. Cal.), the Hon. Judge Mark Scarsi entered an order directing the Plaintiff to show cause why the action should not be dismissed for lack of prosecution and failure to comply with the scheduling order. The Court said, "The Plaintiff failed to timely file a motion for class certification by his deadline to do so." The Plaintiff shall respond in writing within seven days explaining his reasons for noncompliance, providing an update on the status of the litigation, and stating whether he seeks to prosecute his claims on an individual basis. Failure to file a timely and satisfactory response will result in dismissal without further notice, the Court adds. FedEx provides delivery and transportation services. A copy of the Court's order dated March 18, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=1dID6j at no extra charge.[CC] FEDEX GROUND: Depina Seeks to Certify Classes & Sub-classes ----------------------------------------------------------- In the class action lawsuit captioned as CLARA DEPINA, on behalf of herself and all others similarly situated, and the general public, v. FEDEX GROUND PACKAGE SYSTEM, INC., a Delaware corporation; and DOES 1 through 50, inclusive, Case No. 3:23-cv-00156-TLT (N.D. Cal.), the Plaintiff will move the Court for an Order pursuant to Federal Rules of Civil Procedure 23(c)(1): 1. Certifying the following classes and sub-classes as follows: Security Check Class: All persons employed by the Defendants as Package Handlers in hourly or non-exempt positions in California who underwent a security screening during the Relevant Time Period. Security Check Meal Period Sub-Class: All Security Check Class members who worked a shift in excess of five hours. Security Check Rest Break Sub-Class: All Security Check Class members who worked a shift of at least three and one-half (3.5) hours. Recordkeeping Meal Period Class: All persons employed by The Defendants as Package Handlers in hourly or non-exempt positions in California who worked a shift in excess of five hours during the Relevant Time Period whose timekeeping records reflect a late, shortened, or missed meal period. 2. Appointing the Plaintiff as class representative of the classes and sub-classes proposed and/or later proposed and approved by the Court; and 3. Approving Shaun Setareh, William M. Pao, and Brian Louis of the Setareh Law Group as Class Counsel pursuant to Fed. R. Civ. P. Rule 23(g). Ms. Depina testified that there were many occasions when she had to wait in line approximately 10-15 minutes to clock in for her shift due to 20-30 other employees also having to clock in. As a result, Ms. Depina started to arrive to work 15 minutes early so as to avoid the long lines; even then, there was still a line which took approximately 2-5 minutes before she could clock in, she adds. FedEx is an American ground package delivery company. A copy of the Plaintiff's motion dated March 19, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=ug5YZz at no extra charge.[CC] The Plaintiff is represented by: Shaun Setareh, Esq. William M. Pao, Esq. Brian P. Louis, Esq. SETAREH LAW GROUP 9665 Wilshire Boulevard, Suite 430 Beverly Hills, CA 90212 Telephone (310) 888-7771 Facsimile (310) 888-0109 E-mail: shaun@setarehlaw.com william@setarehlaw.com brian@setarehlaw.com FIFTY WEST: Morse Bid for Class Certification Tossed ---------------------------------------------------- In the class action lawsuit captioned as KEVIN MORSE, v. FIFTY WEST BREWING COMPANY LLC, et al., Case No. 1:21-cv-00377-DRC (S.D. Ohio), the Hon. Judge Douglas Cole entered an order denying Morse's motion for class certification. The Court said, "Morse jumped the gun and moved for certification without a sufficient evidentiary record to back up his assertions. Rather than allow for a meaningful Rule 23 analysis, his meager showing leaves the Court with several unanswered questions about the proposed class." The proposed class members worked at Fifty West's restaurants during the COVID-19 pandemic and were allegedly denied tips they were owed. The Court conditionally certified a collective action under the Federal Labor Standards Act (FLSA) on the parties' joint stipulation. Morse's motion seeks a parallel class certification for his Ohio law claims. The Court denies Morse's motion for class certification. The heart of this dispute turns on the tip compensation structure Fifty West allegedly used at the time Morse worked there. As intimated above, his period of employment coincides with the outbreak of the COVID-19 pandemic and the shift of many bars and restaurants to take-out and outdoor or spaced-out dining models. At first, in response to the pandemic, Fifty West laid off all hourly employees for the period between March 16, 2020, and April 25, 2020, during which time it employed a purely takeout model run by the few non-tipped workers still employed. Then, from April 25, 2020, until May 9, 2020, Fifty West employed only 12 hourly workers. These employees interfaced with customers, processed orders, and were paid "at or above Ohio's minimum wage," but allegedly were not given tips solicited and accepted from customers. According to Morse, this (thin, verging on non-existent) evidentiary record supports certification of a class of: "All hourly employees who customarily and regularly received tips that worked for Defendants at any time between March 1, 2020, and June 5, 2021." And he also moves the Court to certify the following subclasses: -- Class Action Subclass 1: All hourly employees who have been employed by Defendants as a bartender, cashier, or utility at any time between March 16, 2020, and May 9, 2020, during which time Defendants paid the minimum wage and during which time the employee did not receive all of the tips to which the employee was entitled. -- Class Action Subclass 2: All tip-credited employees (i.e., any employee who received a tip-credit wage, or in other words an hourly rate below the federal and state minimum wage, and as to whom the employer was relying on a tip credit (which is lawful to make up the difference between the hourly rate and the federal and state minimum wage) who have been employed by Defendants at any time between May 10, 2020, and June 5, 2021, who participated in a tip pool with employees who do not customarily and regularly receive tips and/or who did not receive all of the tips to which they were entitled. Mr. Morse worked for Fifty West, at a minimum, from April 15, 2019, until March 15, 2020, and from May 6, 2020, until Aug. 5, 2021, primarily as a bartender. Fifty West owns and operates a brewpub in Cincinnati, Ohio, as well as two "Burger Bar" restaurants in Cincinnati and Chillicothe, Ohio. A copy of the Court's order dated March 18, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=7W4KFh at no extra charge.[CC] FILMLAND SPIRITS: Bullock Files ADA Suit in S.D. New York --------------------------------------------------------- A class action lawsuit has been filed against Filmland Spirits, Inc. The case is styled as Justin Bullock, individually and as the representative of a class of similarly situated persons v. Filmland Spirits, Inc., Case No. 1:24-cv-02034 (S.D.N.Y., March 19, 2024). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Filmland Spirits -- https://www.filmlandspirits.com/ -- is a beverage manufacturing company that offers wine, wishkey, and spirit products.[BN] The Plaintiff is represented by: Dan Shaked, Esq. SHAKED LAW GROUP, P.C. 14 Harwood Court, Suite 415 Scarsdale, NY 10583 Phone: (917) 373-9128 Email: shakedlawgroup@gmail.com FLO HEALTH: Frasco Class Cert. Bid Terminated w/o Prejudice ----------------------------------------------------------- In the class action lawsuit captioned as Frasco v. Flo Health, Inc., Case No. 3:21-cv-00757 (N.D. Cal., Filed Jan. 29, 2021), Hon. Judge entered an order: -- terminating the plaintiffs' motion for class certification without prejudice, and -- directing the parties to jointly propose an amended scheduling order by April 5, 2024. The nature of suit Torts -- Personal Injury -- Other Personal Injury.[CC] FLORIDA AGENCY: Bid to File Class Cert Reply Granted in Part ------------------------------------------------------------ In the class action lawsuit captioned as CHIANNE D.; C.D., by and through her mother and next friend, Chianne D.; A.V., by and through her mother and next friend, Jennifer V.; KIMBER TAYLOR; and K.H., by and through his mother and next friend, Kimber Taylor, v. JASON WEIDA, in his official capacity as Secretary for the FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION, and SHEVAUN HARRIS, in her official capacity as Secretary for the FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, Case No. 3:23-cv-00985-MMH-LLL (M.D. Fla.), the Hon. Judge Marcia Morales Howard entered an order granting in part and denying in part the Plaintiffs' motion for leave to file reply to Defendants' response to the Plaintiffs' amended motion for class certification. -- The motion is granted to the extent that the Plaintiffs shall have up to and including March 26, 2024, to file a reply to the Defendants' response to the Plaintiffs' amended motion for class certification. -- Otherwise, the Motion is denied. A copy of the Court's order dated March 18, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=rpDx8N at no extra charge.[CC] FLOWERS FOODS: Class Settlement in Ludlow Gets Final Nod -------------------------------------------------------- In the class action lawsuit captioned as DANIEL LUDLOW, ET AL., V. FLOWERS FOODS, INC., FLOWERS BAKERIES, LLC, and FLOWERS FINANCE, LLC, Case No. 3:18-cv-01190-JO-JLB (S.D. Cal.), the Hon. Judge Jinsook Ohta entered an order granting the joint motion for final approval of Class Action Settlement, Fair Labor Standards Act (FLSA), and Labor Code Private Attorneys General Act (PAGA) Settlement. The Plaintiffs' motion for attorneys' fees, costs, and service awards is also granted. Per the terms of the Parties' Settlement Agreement, this action shall be dismissed with prejudice and the Clerk of the Court shall enter this Order as a final order and Judgment. In the event there is a dispute concerning the enforcement of the terms of the Settlement Agreement, the Parties agreed to confer in good faith in an attempt to resolve any such dispute and if such dispute remains unresolved, the dispute shall be heard by Judge Hoffman or, if unresolved, the Court, which shall retain jurisdiction. The Settlement Agreement resolves the claims of the Named Plaintiffs, plus any "Class Member" defined as "any individual who, either individually and/or on behalf of a corporation or business entity, operated under a Distributor Agreement with Flowers/Henderson or Flowers/Modesto during the Covered Period in California" who has not opted out or excluded himself or herself from the Settlement. In summary, the Settlement has three main components as follows: 1. An initial fund or payment of $55 million in non-reversionary cash up front to all participating Class Members (i.e., those who did not opt out). This fund will be divided and distributed equitably among Settlement Class Members according to the number of workweeks they were under contract during the class period. 2. A territory buyback for all current Distributors resulting in Flowers paying Class Members (including both Settlement Class Members and those current Distributors who previously opted out of the Settlement but are covered by the Injunctive Relief), collectively, another approximately $64.2 million net, after also resolving (and deducting) the amounts owed by Class Members on the notes/loans they have on those territories. The Plaintiffs allege that Flowers contracts with and sells bakery products to 4 large retail and fast-food customers via its national direct-store-delivery ("DSD") business segment and then engages "independent contractor" distributors like the Named Plaintiffs and the Class Members to assist with the "delivery" or distribution part of the DSD business. Flowers Foods is a producer and marketer of packed bakery food. A copy of the Court's order dated March 18, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=ZM9NEE at no extra charge.[CC] FORD MOTOR: Bids to Seal Granted in Part w/o Prejudice in Lessin ---------------------------------------------------------------- In the class action lawsuit captioned as WILLIAM LESSIN, CAROL SMALLEY, et al., on behalf of themselves and others similarly situated, v. FORD MOTOR COMPANY, a Delaware corporation; and Does 1 through 10, inclusive, Case No. 3:19-cv-01082-AJB-AHG (S.D. Cal.), the Hon. Judge Anthony Battaglia entered an order granting in part and denying in part without prejudice the motions to seal: -- If the parties wish to provide supplemental briefing regarding any exhibits for which sealing is denied without prejudice, they must do so by April 1, 2024. -- The parties may either provide additional facts to support their request to seal exhibits in their entirety or propose targeted redactions. -- If the parties do not file supplemental briefing by this date, the Court shall instruct the Clerk to docket the exhibits in accordance with this Order. The exhibits will remain lodged under seal in the interim. The Plaintiffs also fail to identify a specific harm that would be caused by the public disclosure of these documents. As such, the Plaintiffs' motion to seal is denied. The parties have filed two motions to seal in connection with the Plaintiffs' motion for class certification: (1) Ford's Feb. 6, 2024 motion to seal documents attached to Plaintiffs' Dec. 1, 2023 motion for class certification, and (2) Ford's Feb. 22, 2024 motion to seal in connection with its opposition to the Plaintiffs' class certification motion. The Plaintiffs also filed a Feb. 22, 2024 motion to seal in connection with its opposition to Ford’s motion for summary judgment. The Court must apply a different standard in analyzing the Class Certification and Summary Judgment Motions to Seal and will therefore address them separately. Accordingly, the Court vacates the hearings related to these motions set for June 6, 2024. The Plaintiffs raise several claims against Ford for alleged latent defects, which cause abnormal and premature wearing and/or loosening of the suspension parts, resulting in "violent shaking," causing drivers to lose control of the Vehicles, and having difficulty steering during their operation under normal driving conditions or speeds. Ford Motor is an American multinational automobile manufacturer. A copy of the Court's order dated March 18, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=nYFkf6 at no extra charge.[CC] FORD MOTOR: Seeks to Decertify 4 Classes in Tershakovec Suit ------------------------------------------------------------ In the class action lawsuit captioned as GEORGE TERSHAKOVEC, DIANA TERSHAKOVEC, JOHN AUBREY, BYRON HARPER, RICHARD KOWALCHIK, STEPHEN KELLY, ERIC EVANS, individually and on behalf of all others similarly situated, and GREG ROBERTS, as an individual only, v. FORD MOTOR COMPANY, Case No. 1:17-cv-21087-FAM (S.D. Fla.), the Defendant asks the Court to enter an order to decertify the Florida, New York, Washington, and Missouri classes because the evidence at trial shows that common issues do not predominate, and a class action is not the superior method of litigating. The Plaintiffs claim that all of Ford's marketing materials were intended to convey the theme that all versions of the GT350 were track ready or track capable. But this argument fails to address Plaintiffs' specific contention that the Tech and Base packages were not ready or capable for 20-minute track day sessions on road courses, the Defendant said. Ford is an American multinational automobile manufacturer. A copy of the Defendant's motion dated March 19, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=SOJwEE at no extra charge.[CC] The Defendant is represented by: Henry Salas, Esq. Sean Hernandez, Esq. COLE, SCOTT & KISSANE, P.A. Dadeland Centre II – Suite 1400 9150 South Dadeland Boulevard Miami, FL 33156 Telephone: (786) 268-6410 E-mail: Henry.Salas@csklegal.com SeanHernandez@csklegal.com - and - John M. Thomas, Esq. Krista L. Lenart, Esq. DYKEMA GOSSETT PLLC 2723 South State Street, Suite 400 Ann Arbor, MI 48104 Telephone: (734) 214-7613 E-mail: jthomas@dykema.com klenart@dykema.com FTX CRYPTOCURRENCY: Plaintiffs Seek to Lift Stay of Discovery ------------------------------------------------------------- In the class action lawsuit captioned as FTX Cryptocurrency Exchange Collapse MDL Litigation, Case No. 1:23-md-03076-KMM (S.D. Fla.), the Plaintiffs request that the Court grant their omnibus motion and enter an order: (1) lifting the stay of discovery in these proceedings now that Sam Bankman-Fried's trial has concluded; (2) conducting jurisdictional discovery within 90 days of the Court's order on this Motion; and (3) filing any amendments to the oppositions to SGCL's pending motions to dismiss within 20 days after completing that brief jurisdictional discovery. A copy of the Plaintiffs' motion dated March 19, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=bmJ9cD at no extra charge.[CC] The Plaintiffs are represented by: Adam M. Moskowitz, Esq. Joseph M. Kaye, Esq. THE MOSKOWITZ LAW FIRM, PLLC Continental Plaza 3250 Mary Street, Suite 202 Coconut Grove, FL 33133 Telephone: (305) 740-1423 E-mail: adam@moskowitz-law.com joseph@moskowitz-law.com service@moskowitz-law.com - and - David Boies, Esq. Alexander Boies, Esq. Brooke A. Alexander, Esq. BOIES SCHILLER FLEXNER LLP 333 Main Street Armonk, NY 10504 Telephone: (914) 749-8200 E-mail: dboies@bsfllp.com aboies@bsfllp.com balexander@bsfllp.com - and - Joseph R. Saveri, Esq. Christopher Young, Esq. Itak K. Moradi, Esq. JOSEPH SAVERI LAW FIRM 601 California Street, Suite 1000 San Francisco, CA 94108 Telephone: (415) 500-6800 E-mail: jsaveri@saverilawfirm.com cyoung@saverilawfirm.com imoradi@saverilawfirm.com - and - James R. Swanson, Esq. Kerry J. Miller, Esq. Molly L. Wells, Esq. C. Hogan Paschal, Esq. FISHMAN HAYGOOD L.L.P. 201 St. Charles Avenue, 46th Floor New Orleans, LA 70170-4600 Telephone: (504) 586-5252 Facsimile: (504) 586-5250 E-mail: jswanson@fishmanhaygood.com kmiller@fishmanhaygood.com mwells@fishmanhaygood.com hpaschal@fishmanhaygood.com - and - Robert Lieff, Esq. LIEFF CABRASER HEIMANN & BERNSTEIN, LLP Rutherford, CA 94573 E-mail: rlieff@lieff.com GRAND AMERICA: Parties Seek to Extend Time to File Class Cert Bid ----------------------------------------------------------------- In the class action lawsuit captioned as JANN DESCANZO, VERONICA BONDOC, GLEN SEGUNDINO, and MARIANNE PONIO, and those similarly situated, v. GRAND AMERICA HOTELS & RESORTS, INC. and SINCLAIR SERVICES COMPANY, Case No. 2:19-cv-00443-HCN-DBP (D. Utah), the Parties ask the Court to enter an order extending class certification briefing deadlines as follows: Event Proposed Deadline Plaintiffs' motion for class certification Sept. 13, 2024 Defendants' response to Plaintiffs' motion Oct. 11, 2024 for class certification Plaintiffs' reply in support of motion Oct. 25, 2024 for class certification Grand America is a chain of eight hotels and resorts in the Western United States. A copy of the Parties' motion dated March 19, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=HPkufK at no extra charge.[CC] The Plaintiffs are represented by: Beth E. Terrell, Esq. Elizabeth A. Adams, Esq. TERRELL MARSHALL LAW GROUP 936 North 34th Street, Suite 300 Seattle, WA 98103-8869 Telephone: (206) 816-6603 E-mail: bterrell@terrellmarshall.com eadams@terrellmarshall.com - and - P. Alex McBean, Esq. ALEX McBEAN LAW OFFICE, PLLC 505 South Main Street Bountiful, UT 84010 Telephone (358) 319-1137 E-mail: alex@alexmcbeanlaw.com - and - Alexander Hood, Esq. TOWARDS JUSTICE 1410 High Street, Suite 300 Denver, CO 80218 Telephone: (720) 441-2236 E-mail: alex@towardsjustice.org The Defendant is represented by: Matthew R. Lewis, Esq. Shelby Jaye Hughes, Esq. KUNZLER BEAN & ADAMSON, PC R. Jeremy Adamson, #12818 50 W. Broadway, 10th Floor Salt Lake City, UT 84101 Telephone: (801) 994-4646 E-mail: mlewis@kba.law jadamson@kba.law shughes@kba.law mhansen@kba.law - and - Brett L. Tolman, Esq. THE TOLMAN GROUP 13827 Sprague Lane, Suite 220 Draper, UT 84020 Telephone: (801) 639-9840 E-mail: brett@tolmangroup.com HANOVER VENTURES: Gonzalez's Bid for Class Certification Granted ---------------------------------------------------------------- In the class action lawsuit captioned as DENNY GONZALEZ, individually and on behalf of all others similarly situated, v. HANOVER VENTURES MARKETPLACE LLC, d/b/a Le District, JOHN DOE CO. 1, d/b/a HPH Hospitality, PAUL LAMAS, PETER POULAKAKOS, NICOLAS ABELLO, and DAVID COUCKE, Case No. 1:21-cv-01347-ER (S.D.N.Y.), the Hon. Judge Edgardo Ramos entered an order granting Gonzalez's motion for class certification. Because all of the requirements for Rule 23(a) and (b)(3) are met, class certification is granted. The Plaintiff Gonzales is directed to submit the class notice materials by March 26, 2024, the Court said. Further, Gonzalez's motion for partial summary judgment is granted solely as to the claims for unpaid minimum wage and New York's Wage Theft Prevention Act ("WTPA") violations and is otherwise denied. The parties are directed to appear for a conference on April 24, 2024 at 10:30 a.m. before the Honorable Edgardo Ramos. The Clerk of Court is directed to terminate the motions, the Court added. The Plaintiff Gonzalez brings claims under the Fair Labor Standards Act ("FLSA"), New York Labor Law ("NYLL"), Title VII of the Civil Rights Act of 1964, New York Human Rights Law section 296 ("NYHRL"), New York City Human Rights Law section 8-107 ("NYCHRL"), and New York common law. He seeks unpaid wages, gratuities, and overtime as well as liquidated damages, statutory penalties, and attorneys' fees and costs under the FLSA and NYLL. The Plaintiff Gonzalez also seeks damages and other relief under Title VII, NYHRL, NYCHRL, and New York common law for a hostile work environment of persistent sexual harassment. The Plaintiff worked as a waiter at L'Appart, a Michelin Star restaurant in Le District. Hanover owns and operates the French-themed marketplace called "Le District" at 225 Liberty Street, which consists of four restaurants, two cafes, seven counters, a grocer, and a wholesaler. A copy of the Court's opinion and order dated March 18, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=V3sQ4u at no extra charge.[CC] KEENAN & ASSOCIATES: Ghyam Sues Over Alleged Data Breach -------------------------------------------------------- DONYA GHYAM, on behalf of herself, and all others similarly situated v. KEENAN & ASSOCIATES, Case No. 8:24-cv-00544 (C.D. Cal., March 14, 2024) accuses the Defendant of failing to adequately safeguard customers' personal information, resulting in a data breach. The Plaintiff and class members are customers of Defendant. As a condition of receiving or applying to receive Defendant's insurance services, Plaintiff and class members were required by Defendant to provide their sensitive personal information. On or about August 27, 2023, Defendant discovered that an unauthorized party gained access to and obtained data from its systems. Plaintiff and class members' personal information were compromised during the data breach. The Defendant only notified the affected customers of the data breach on January 26, 2024. Victims of the data breach have suffered injury and damages and now face a lifetime risk of identity theft, says the Plaintiff. The Plaintiff brings this suit against the Defendant for negligence, breach of implied contract, unjust enrichment, breach of confidence, invasion of privacy, intrusion upon seclusion, bailment, and violation of the California Consumer Privacy Act. Keenan & Associates is an insurance brokerage and consulting firm headquartered at 2355 Crenshaw Boulevard, Suite 200, Torrance, CA. [BN] The Plaintiff is represented by: John J. Nelson, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 280 S. Beverly Drive Beverly Hills, CA 90212 Telephone: (858) 209-6941 E-mail: jnelson@milberg.com - and - Lynn A. Toops, Esq. Amina A. Thomas, Esq. COHEN & MALAD, LLP One Indiana Square, Suite 1400 Indianapolis, IN 46204 Telephone: (317) 636-6481 E-mail: ltoops@cohenandmalad.com athomas@cohenandmalad.com L'OREAL USA: Grossenbacher Sues Over Sale of Harmful Products ------------------------------------------------------------- HOLLY GROSSENBACHER, individually and on behalf of all others similarly situated, Plaintiff v. L'ORÉAL USA, Inc., Defendant, Case No. 2:24-cv-00663-GGG-MBN (E.D. La., March 15, 2024) arises from the Defendant's misrepresentation or failure to disclose or warn consumers that its CaraVe Cream benzoyl peroxide products (BPO Products) contain dangerously high levels of benzene, a carcinogen that has been linked to leukemia and other blood cancers. The Plaintiff and Class members reasonably relied on Defendant's representations that the BPO Products were safe, unadulterated, and free of any carcinogens that are not listed on the label. Unbeknownst to them, these products contain harmful levels of benzene, says the Plaintiff. Headquartered in New York, NY, L'Oréal USA, Inc. is a Delaware corporation that manufactures, markets, distributes, and sells various skin care products, including CeraVe Acne Foam Cream Cleanser with 4% BPO and CeraVe Acne Foaming Cream Wash with 10% BPO. [BN] The Plaintiff is represented by: Jennifer Hoekstra, Esq. AYLSTOCK, WITKIN, KREIS & OVERHOLTZ, PLLC 17 East Main Street, Suite 200 Pensacola, FL 32502 Telephone: (850) 202-1010 Facsimile: (850) 916-7449 E-mail: jhoekstra@awkolaw.com LADY MAY: Dennison et al. File Claim for Labor Violations --------------------------------------------------------- JESSICA DENNISON, HUMBERTO JESUS PACHECO, VERONICA ROJAS, WILFREDO CHACON, BRANDON BRANTLEY, and AUSTIN STULL, on behalf of themselves and all others similarly situated, known and unknown v. LADY MAY CHICAGO LLC and ROBERT "MEMPHIS" GARRETT, individually, Case No. 1:24-cv-02161 (N.D. Ill., March 14, 2024) accuses the Defendants of violating the Fair Labor Standards Act, the Illinois Minimum Wage Law, the Chicago Ordinance, and the Illinois Wage Payment and Collection Act. The Plaintiffs bring this action on behalf of themselves and all current and former non-exempt, hourly-paid employees at Lady May restaurant located in Chicago, Cook County, Illinois which is owned and operated by Defendants. The Plaintiffs allege that throughout their employment, Defendants have violated the overtime, minimum wage, and tip theft provisions of the FLSA and Chicago's labor laws. Lady May Chicago LLC operates the Lady May restaurant located at 405 N. Wabash Avenue, Chicago, Cook County, Illinois. [BN] The Plaintiff is represented by: Alexandros Stamatoglou, Esq. GARFINKEL GROUP, LLC 701 N. Milwaukee Avenue, The CIVITAS Chicago, IL 60642 Telephone: (312) 736-7991 Facsimile: (312) 549-9623 E-mail: alex@garfinkelgroup.com MULLEN AUTOMOTIVE: Martis Sues Over Misleading Proxy Statements --------------------------------------------------------------- MARIUS MARTIS, derivatively on behalf of MULLEN AUTOMOTIVE, INC. v. DAVID MICHERY, MARY WINTER, MARK BETOR, KENT PUCKETT, OLEG FIRER, JON NAJARIAN, JOHN ROLAND, TODD RAARUP, ARGUS MERCHANT SERVICES, LLC and RBL CAPITAL GROUP LLC (Defendants), and MULLEN AUTOMOTIVE, INC., (Nominal Defendants), Case No. 2:24-cv-02908-BRM-AME (D.N.J., March 14, 2024), accuses the Defendants of violations of the Securities Exchange Act of 1934 and breach of fiduciary duties. This is a shareholder derivative action brought under Section 14 of the Securities Exchange Act of 1934. Plaintiff brings this action on behalf of Mullen, seeking to reverse two ballot proposals approved by a tainted shareholder vote in August 2021 as part of the disastrous merger between privately held Mullen Technologies, Inc. (MTC or Old Mullen) and Net Element Inc. (Net). The Plaintiff and Net shareholders were among those who participated in the shareholder vote allegedly conducted through a materially false and misleading Proxy prepared by Net's directors and MTI's directors. The tainted shareholder vote resulted in the divestment of Net's extremely valuable payment processing operations, with Net then allowed to merge into an essentially worthless and non-existent electric vehicle business, Old Mullen. Plaintiff seeks damages for Defendants' alleged violations, says the suit. David Michery is Mullen's CEO, founder, President, and largest shareholder. [BN] The Plaintiff is represented by: Lee Squitieri, Esq. SQUITIERI & FEARON, LLP 305 Broadway 7th Floor New York, NY 10007 Telephone: (212) 421-6492 E-mail: lee@sfclasslaw.com - and - Fletcher Moore, Esq. MOORE LAW, PLLC 30 Wall Street, 8th Floor New York, NY 10005 Telephone: (212) 709-8245 E-mail: fletcher@fmoorelaw.com NATIONAL COLLEGIATE: Gaines Seeks Damages for Title IX Violations ----------------------------------------------------------------- RILEY GAINES, REKA GYORGY, KYLEE ALONS, KAITLYNN WHEELER, AINSLEY ERZEN, ELLIE EADES, LILY MULLENS, SUSANNA PRICE, CARTER SATTERFIELD, KATE PEARSON, KATIE BLANKINSHIP, JULIANNA MORROW, SWIMMER A, SWIMMER B, TRACK ATHLETE A, AND VOLLEYBALL ATHLETE A, v. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, UNIV. SYSTEM OF GEORGIA, GEORGIA TECH, UNIV. OF GEORGIA, UNIV. OF N. GEORGIA, ÁNGEL CABRERA, Georgia Tech President in his individual and official capacities, MEMBERS OF THE BOARD OF REGENTS OF THE UNIV. SYSTEM OF GEORGIA, in their individual and official capacities: DOUG ALDRIDGE, TOM BRADBURY, RICHARD "TIM" EVANS, W. ALLEN GUDENRATH, ERIN HAMES, BÁRBARA RIVERA HOLMES, SAMUEL D. HOLMES, C. THOMAS HOPKINS, JR., MD, JAMES M. HULL, CADE JOINER, PATRICK C. JONES, C. EVERETT KENNEDY, III, SARAHELIZABETH LANGFORD, RACHEL B. LITTLE, LOWERY HOUSTON MAY, JOSE R. PEREZ, NEIL L. PRUITT, JR., HAROLD REYNOLDS, SACHIN SHAILENDRA, T. DALLAS SMITH, MAT SWIFT, JAMES K. SYFAN, III, DON L. WATERS, and JOHN DOES 1-50, Case No. 1:24-cv-01109-MHC (N.D. Ga., March 14, 2024) accuses the Defendants of violating Title IX of the Education Amendments of 1972 and associated regulations, and the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution. The Plaintiffs bring this action over the alleged "radical anti-woman agenda" imposed on college sports by the National Collegiate Athletic Association. The Plaintiffs accuse the NCAA of promoting policies that deprive women of equal opportunities and safe spaces in collegiate sport, in violation of Title IX regulations. In particular, Plaintiffs raise concerns over the NCAA's Transgender Eligibility Policies which Plaintiffs claim are aimed at supporting the association's relentless drive to monetize collegiate sport, at the expense of female student-athletes. Such policies are allegedly being implemented in concert with the NCAA's member colleges and universities, including those that are part of the University System of Georgia, say the Plaintiffs. The Plaintiffs, all current or former, collegiate, female, student-athletes, seek damages for Defendants' alleged violations. Headquartered in Indianapolis, IN, the NCAA is the largest scholastic sport rulemaking and enforcement body in the United States. [BN] The Plaintiffs are represented by: William Bock III, Esq. Kevin D. Koons, Esq. KROGER GARDIS & REGAS, LLP 111 Monument Circle, Suite 900 Indianapolis, IN 46204 Telephone: (317) 692-9000 Facsimile: (317) 264-6832 E-mail: wbock@kgrlaw.com kkoons@kgrlaw.com - and - Thomas C. Rawlings, Esq. Bryan P. Tyson, Esq. Deborah A. Ausburn, Esq. TAYLOR ENGLISH DUMA LLP 1600 Parkwood Circle, Suite 200 Atlanta, GA 30339 Telephone: (770) 434-6868 Facsimile: (770) 434-7376 E-mail: trawlings@taylorenglish.com btyson@taylorenglish.com dausburn@taylorenglish.com NORTHEAST ORTHOPEDICS: Coe Sues Over Private Data Breach -------------------------------------------------------- JOSEPH COE, individually and on behalf of all others similarly situated, Plaintiff v. NORTHEAST ORTHOPEDICS AND SPORTS MEDICINE, PLLC, Defendant, Case No. 7:24-cv-01975-PMH (S.D.N.Y., March 15, 2024) arises from the Defendant's failure to secure and safeguard his and approximately 177,276 other individuals' personally identifiable information and personal health information, including names, Social Security numbers, driver's license information, payment information, dates of birth, medical record information, health insurance information, and treatment and diagnosis information. On or about November 22, 2023, an unauthorized third party gained access to Northeast Orthopedics' network system and obtained files containing information about Northeast Orthopedics' current and former patients. However, Northeast Orthopedics waited until February 2024, over two months later, to begin notifying its patients that their PII/PHI was in the hands of cybercriminals. Moreover, Plaintiff asserts claims for negligence, negligence per se, breach of fiduciary duty, breach of implied contract, unjust enrichment, and violations of New York General Business Law, and seeks declaratory relief, injunctive relief, monetary damages, statutory damages, punitive damages, equitable relief, and all other relief authorized by law, says the suit. Headquartered in Nanuet, NY, Northeast Orthopedics is a provider of orthopedic and musculoskeletal healthcare services. [BN] The Plaintiff is represented by: Adam Pollock, Esq. Anna Menkova, Esq. POLLOCK COHEN LLP 111 Broadway, Suite 1804 New York, NY 10006 Telephone: (212) 337-5361 E-mail: adam@pollockcohen.com anna@pollockcohen.com - and - Ben Barnow, Esq. Anthony L. Parkhill, Esq. BARNOW AND ASSOCIATES, P.C. 205 West Randolph Street, Suite 1630 Chicago, IL 60606 Telephone: (312) 621-2000 Facsimile: (312) 641-5504 E-mail: b.barnow@barnowlaw.com aparkhill@barnowlaw.com OCEAN SPRAY CRANBERRIES: Elders Files Suit in S.D. California ------------------------------------------------------------- A class action lawsuit has been filed against Ocean Spray Cranberries, Inc. The case is styled as Ann Elders, Rebecca Crampton, on behalf of herself, all others similarly situated, and the general public v. Ocean Spray Cranberries, Inc., Case No. 3:24-cv-00565-BEN-VET (S.D. Cal., March 25, 2024). The nature of suit is stated as Other Fraud. Ocean Spray Cranberries, Inc. -- https://allthatpower.oceanspray.com/ -- is an American agricultural cooperative of growers of cranberries headquartered in Plymouth County, Massachusetts.[BN] The Plaintiff is represented by: Caroline S. Emhardt, Esq. Jack Fitzgerald, Esq. Melanie Rae Monroe, Esq. Trevor Matthew Flynn, Esq. Fitzgerald Monroe Flynn PC 2341 Jefferson Street, Suite 200 San Diego, CA 92110 Phone: (619) 215-1741 Email: Cemhardt@fmfpc.com jfitzgerald@fmfpc.com mmonroe@fmfpc.com tflynn@fmfpc.com OGLETHORPE UNIVERSITY: Faces Kochan Breach of Contract Suit ----------------------------------------------------------- BRANDI KOCHAN, on behalf of herself and all others similarly situated v. OGLETHORPE UNIVERSITY, Case No. 1:24-cv-01111-ELR (N.D. Ga., March 14, 2024) seeks damages and relief for breach of contract. The Plaintiff was an undergraduate student at Defendant Oglethorpe University during the Spring 2020 semester. Plaintiff paid tuition and fees for in-person educational services, experiences, opportunities, and other related collegiate services at the University. On or about mid-March 2020, in response to the COVID-19 pandemic, the Defendant stopped its on-campus, in-person educational services and transitioned to remote, online learning. However, Defendant has not refunded Plaintiff and all others similarly situated any amount of the tuition or fees intended to cover in-person services for the Spring 2020 semester, says the suit. The Plaintiff alleges that Defendant's actions constitute a breach of contract it entered into with the affected students. Oglethorpe is a private university in Brookhaven, Georgia that offers a number of graduate programs, as well as numerous major fields for undergraduate students. [BN] The Plaintiff is represented by: Gary F. Lynch, Esq. Nicholas A. Colella, Esq. LYNCH CARPENTER, LLP 1133 Penn Avenue, 5th Floor Pittsburgh, PA 15222 Telephone: (412) 322-9243 Facsimile: (412) 231-0246 E-mail: gary@lcllp.com nickc@lcllp.com - and - Michael A. Tompkins, Esq. Anthony Alesandro, Esq. LEEDS BROWN LAW, P.C. One Old Country Road, Suite 347 Carle Place, NY 11514 Telephone: (516) 873-9550 E-mail: mtompkins@leedsbrownlaw.com aalesandro@leedsbrownlaw.com OLIVELA INC: Sookul Files ADA Suit in S.D. New York --------------------------------------------------- A class action lawsuit has been filed against Olivela Inc. The case is styled as Sanjay Sookul, on behalf of himself and all others similarly situated v. Olivela Inc., Case No. 1:24-cv-02177 (S.D.N.Y., March 22, 2024). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Olivela -- https://www.olivela.com/ -- is an online luxury retail platform with a philanthropic business model.[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 ON SEMICONDUCTOR: Hubacek Suit Transferred to D. Arizona -------------------------------------------------------- The case styled as Philip R. Hubacek, Jeffrey S. Lew, Jessica Berliner, Ainul Huda, individually and on behalf of all others similarly situated v. ON Semiconductor Corporation, Hassane El-Khoury, Thad Trent, Simon Keeton, Case No. 3:23-cv-00701 was transferred from the U.S. District Court for the District of Delaware, to the U.S. District Court for the District of Arizona on March 20, 2024. The District Court Clerk assigned Case No. 2:24-cv-00594-SMB to the proceeding. The nature of suit is stated as Other Statutes: Securities/Commodities for Securities Exchange Act. ON Semiconductor Corporation -- http://www.onsemi.com/-- is an American semiconductor supplier company, based in Scottsdale, Arizona.[BN] The Plaintiff is represented by: Gregory V. Varallo, Esq. BERNSTEIN LITOWITZ BERGER & GROSSMAN LLP - WILMINGTON DE 500 Delaware Ave., Ste. 901 Wilmington, DE 19801 Phone: (302) 651-7772 Fax: (302) 498-7772 - and - Brian E Farnan, Esq. Michael J Farnan, Esq. Rosemary Jean Piergiovanni, Esq. FARNAN LLP 919 N Market St., 12th Fl. Wilmington, DE 19801 Phone: (302) 777-0300 Fax: (302) 777-0301 - and - Gary A Gotto, Esq. KELLER ROHRBACK LLP - PHOENIX, AZ 3101 N Central Ave., Ste. 1400 Phoenix, AZ 85012-2600 Phone: (602) 230-6322 Fax: (602) 248-2822 Email: ggotto@kellerrohrback.com - and - Gregory M. Potrepka, Esq. LEVI & KORSINSKY LLP - STAMFORD, CT 1111 Summer St., Ste. 403 Stamford, CT 06905 Phone: (203) 992-4523 Email: gpotrepka@zlk.com - and - Shannon L. Hopkins, Esq. LEVI & KORSINSKY LLP - NEW YORK, NY 33 Whitehall St., 17th Fl. New York, NY 10004 Phone: (212) 363-7500 Email: shopkins@zlk.com - and - Ryan M. Ernst, Esq. BIELLI & KLAUDER LLC 1204 N King St. Wilmington, DE 19801 Phone: (302) 321-5411 Fax: (302) 397-2557 - and - John C. Phillips, Jr., Esq. Phillips McLaughlin & Hall PA 1200 N Broom St. Wilmington, DE 19806 Phone: (302) 655-4200 ORANGEBURG COUNTY SCHOOL: Argrow Suit Removed to D. South Carolina ------------------------------------------------------------------ The case captioned as Janet Argrow and Berlinda Adams, individually and on behalf of all others similarly situated v. Orangeburg County School District, Case No. CVRI2400933 was removed from the Court of Common Pleas, Orangeburg County, State of South Carolina, to the United States District Court for the District of South Carolina on March 25, 2024, and assigned Case No. 5:24-cv-01433-SAL. The Complaint alleges violations of the Fair Labor Standards Act (the "FLSA"), the False Claims Act, (the "FCA"), and a claim pursuant to state law, the South Carolina Payment of Wages Act.[BN] The Defendants are represented by: Allen D. Smith, Esq. Connie P. Jackson, Esq. HALLIGAN MAHONEY WILLIAMS SMITH FAWLEY & REAGLE, PA P.O. Box 11367 Columbia, SC 29211 Phone: (803) 254-4035 Email: asmith@hmwlegal.com cjackson@hmwlegal.com PARK MY FLEET: Grewal Suit Removed to E.D. California ----------------------------------------------------- The case captioned as Sarvpreet Grewal, individually, and on behalf of all others similarly situated v. PARK MY FLEET LLC, a Delaware limited liability company; and DOES 1 through 10, inclusive, Case No. STK-CV-UOE-2023-0014570 was removed from the Superior Court for the State of California, in and for the County of San Joaquin, to the U.S. District Court for the Eastern District of California on March 18, 2024, and assigned Case No. 2:24-at-00328. In the Complaint, Plaintiff alleges the following causes of actions against Defendant: Failure to Pay Minimum and Straight Time Wages; Failure to Pay Overtime Wages; Failure to Provide Meal Periods; Failure to Authorize and Permit Rest Periods; Failure to Timely Pay Final Wages at Termination; Failure to Provide Accurate Itemized Wage Statements; Failure to Indemnify Employees for Expenditures; Failure to Produce Requested Employment Records; and Unfair Business Practices.[BN] The Defendants are represented by: Annie Lau, Esq. Kiki Y. Okpala, Esq. FISHER & PHILLIPS LLP One Montgomery Street, Suite 3400 San Francisco, CA 94104 Phone: (415) 490-9000 Facsimile: (415) 490-9001 Email: alau@fisherphillips.com kokpala@fisherphillips.com PUBLIC PARTNERSHIPS: Quitero Suit Removed to S.D. Florida --------------------------------------------------------- The case captioned as Carmen Valdez Quitero, and all others similarly situated v. PUBLIC PARTNERSHIPS, LLC, Case No. 2023-000441-CA-01 was removed from the Circuit Court of the Eleventh (11th) Judicial Circuit in and for Miami-Dade County, Florida, to the United States District Court for the Southern District of Florida on March 20, 2024, and assigned Case No. 1:24-cv-21082-XXXX. In the Complaint, Plaintiff alleges the following causes of action: Violations of the Fair Labor Standards Act.[BN] The Plaintiff is represented by: J.H. Zidell, Esq. Alan Goldstraj, Esq. J.H. ZIDELL, P.A. 300 71st Street, #605 Miami Beach, FL 33141 Phone: (305) 865-6766 Email: zabogado@aol.com agoldstraj.jhzidellpa@gmail.com The Defendants are represented by: Dion J. Cassata, Esq. JACKSON LEWIS P.C. One Biscayne Tower, Suite 3500 Two South Biscayne Boulevard Miami, fl 33131 Phone: (305) 577-7600 Facsimile: (305) 373-4466 Email: dion.cassata@jacksonlewis.com REALPAGE INC: Kabisch Suit Transferred to S.D. New York ------------------------------------------------------- The case styled as Joshua Kabisch, individually and on behalf of all others similarly situated v. RealPage, Inc., et al., Case No. 3:24-cv-00273 was transferred from the U.S. District Court for the Middle District of Tennessee, to the U.S. District Court for the Southern District of New York on March 19, 2024. The District Court Clerk assigned Case No. 1:24-cv-02036-JGLC to the proceeding. The nature of suit is stated as Anti-Trust for Antitrust Litigation. RealPage -- https://www.realpage.com/ -- provides data analytics, property management software, and services to efficiently manage rental properties and real estate.[BN] The Plaintiff is represented by: Eric L. Cramer, Esq. Michaela L. Wallin, Esq. BERGER MONTAGUE PC 1818 Market Street, Suite 3600 Philadelphia, PA 19103 Phone: (215) 875-3000 Email: ecramer@bm.net mwallin@bm.net - and - Daniel J. Walker, Esq. BERGER MONTAGUE PC 2001 Pennsylvania Avenue, NW, Suite Washington, DC 20006 Phone: (202) 559-9745 Email: dwalker@bm.net - and - Brendan P. Glackin, Esq. Dean M. Harvey, Esq. LIEFF CABRASER HEIMANN & BERNSTEIN, LLP 275 Battery Street, Ste. 2900 San Francisco, CA 94111 Phone: 415-956-1000 Email: bglackin@lchb.com dharvey@lchb.com - and - Mark P. Chalos, Esq. Hannah R. Lazarz, Esq. Kenneth S. Byrd, Esq. LIEFF CABRASER HEIMANN & BERNSTEIN, LLP 222 2nd Avenue South, Ste. 1640 Nashville, TN 37201 Phone: (615) 313-9000 Email: mchalos@lchb.com hlazarz@lchb.com kbyrd@lchb.com - and - Steve W. Berman, Esq. Breanna Van Engelen, Esq. HAGENS BERMAN SOBOL SHAPIRO LLP 1301 Second Avenue, Suite 2000 Seattle, WA 98101 Phone: (206) 623-7292 Facsimile: (206) 623-0594 Email: steve@hbsslaw.com breannav@hbsslaw.com - and - Benjamin J. Widlanski, Esq. Javier A. Lopez, Esq. KOZYAK TROPIN & THROCKMORTON LLP 2525 Ponce de Leon Blvd., 9th Floor Coral Gables, FL 33134 Phone: (305) 372-1800 Email: bwidlanski@kttlaw.com jal@kttlaw.com - and - Christian P. Levis, Esq. Vincent Briganti, Esq. Peter Demato, Esq. Radhika Gupta, Esq. LOWEY DANNENBERG, P.C. 44 South Broadway, Suite 1100 White Plains, NY 10601 Phone: (914) 997-0500 Facsimile: (914) 997-0035 Email: vbriganti@lowey.com clevis@lowey.com pdemato@lowey.com rgupta@lowey.com - and - Christopher M. Burke, Esq. Walter W. Noss, Esq. Yifan (Kate) Lv, Esq. KOREIN TILLERY P.C. 707 Broadway, Suite 1410 San Diego, CA 92101 Phone: (619) 625-5621 Facsimile (314) 241-3525 Email: cburke@koreintillery.com wnoss@koreintillery.com klv@koreintillery.com - and - Joseph R. Saveri, Esq. Steven N. Williams, Esq. Cadio Zirpoli, Esq. Kevin E. Rayhill, Esq. JOSEPH SAVERI LAW FIRM, LLP 601 California Street, Suite 1000 San Francisco, CA 94108 Phone: (415) 500-6800 Email: jsaveri@saverilawfirm.com swilliams@saverilawfirm.com czirpoli@saverilawfirm.com krayhill@saverilawfirm.com - and - Jennifer W. Sprengel, Esq. Daniel O. Herrera, Esq. Alexander Sweatman, Esq. CAFFERTY CLOBES MERIWETHER & SPRENGEL LLP 135 S. LaSalle, Suite 3210 Chicago, IL 60603 Phone: 312-782-4880 Facsimile: 312-782-4485 Email: jsprengel@caffertyclobes.com dherrera@caffertyclobes.com asweatman@caffertyclobes.com - and - Daniel E. Gustafson, Esq. Daniel C. Hedlund, Esq. Daniel J. Nordin, Esq. Shashi K. Gowda, Esq. GUSTAFSON GLUEK PLLC Canadian Pacific Plaza 120 South Sixth Street, Ste. 2600 Minneapolis, MN 55402 Phone: 612-333-8844 Email: dgustafson@gustafsongluek.com dhedlund@gustafsongluek.com dnordin@gustafsongluek.com sgowda@gustafsongluek.com - and – Dennis Stewart, Esq. GUSTAFSON GLUEK PLLC 600 W. Broadway, Ste. 3300 San Diego, CA 92101 Phone: 619-595-3299 Email: dstewart@gustafsongluek.com The Defendants are represented by: Ryan Thomas Holt, Esq. SHERRARD ROE VOIGT & HARBISON, PLC 150 Third Avenue South, Suite 1100 Nashville, TN 37201 Phone: (615) 742-4512 Fax: (615) 742-4539 REDSPEED GEORGIA: Dunn Suit Removed to S.D. Georgia --------------------------------------------------- The case styled as Jonathan Dunn, individually and on behalf of all others similarly situated v. Redspeed Georgia LLC, Case No. 23CV00138 was removed from the Superior Court of Jefferson County, State of GA, to the U.S. District Court for the Southern District of Georgia on March 25, 2024. The District Court Clerk assigned Case No. 1:24-cv-00032-JRH-BKE to the proceeding. The nature of suit is stated as Racketeer/Corrupt Organization. Redspeed Georgia LLC is a Domestic Limited Liability Company.[BN] The Defendant is represented by: Louis E. Hatcher, Esq. WATSON SPENCE LLP P.O. Box 2008 Albany, GA 31702-2008 Phone: (229) 436-1573 Fax: (229) 436-6358 Email: lhatcher@watsonspence.com ROADRUNNER TRANSPORTATION: Rojas Files Suit in Cal. Super. Ct. -------------------------------------------------------------- A class action lawsuit has been filed against Roadrunner Transportation Services, Inc., et al. The case is styled as Joseph Rojas, Johnathan Babakitis, individually, an on behalf of other members of the general public similarly situated and on behalf of other aggrieved employees pursuant to the California Private Attorneys General Act v. Roadrunner Transportation Services, Inc., Does 1-10, Inclusive, Case No. CGC24613240 (Cal. Super. Ct., San Francisco Cty., March 19, 2024). The case type is stated as "Other Non-Exempt Complaints (failure to pay regular and/or bonus wages; failure to provide meal periods; failure to provide rest periods)." Roadrunner Transportation Systems, Inc. -- https://www.shiproadrunnerfreight.com/ -- offers truck freight transportation services. The Company offers less than truckload, truckload, parcel and intermodal truck freight delivery, and air freight delivery services.[BN] The Plaintiff is represented by: Walter Lewis Haines, Esq. UNITED EMPLOYEES LAW GROUP 8605 Santa Monica Blvd., # 63354 West Hollywood, CA 90069-4109 Phone: 562-256-1047 Fax: 562-256-1006 Email: walter@uelglaw.com ROSINA FOOD: Demosthene and Jones Allege Labor Law Breaches ----------------------------------------------------------- JACKY DEMOSTHENE and LAQUITA JONES, on behalf of themselves and others similarly situated, Plaintiffs v. ROSINA FOOD PRODUCTS, INC., Defendant, Case No. 1:24-cv-00225 (W.D.N.Y., March 15, 2024) alleges violations of the Fair Labor Standards Act and the New York Labor Law. The Plaintiffs and other similarly situated employees were production workers in Defendant's food production facility. Allegedly, Defendant failed to compensate Plaintiff Jones and other production workers for time spent donning and doffing their sanitary clothing or for associated travel and wait time. In addition, the Defendant also implemented rounding policies and procedures that resulted in Defendant's failure to pay them and other similarly situated employees overtime compensation at a rate of one and one-half times their regular rate of pay for all hours worked in excess of 40 hours per workweek, in violation of the FLSA, say the Plaintiffs. Based in Cheektowaga, NY, Rosina Food Products manufactures, packages, distributes, and sells food products. [BN] The Plaintiffs are represented by: Hans A. Nilges, Esq. NILGES DRAHER LLC 7034 Braucher St., N.W., Suite B North Canton, OH 44720 Telephone: (330) 470-4428 Facsimile: (330) 754-1430 E-mail: hans@ohlaborlaw.com RURAL/METRO FIRE DEPT: Santiago Suit Removed to S.D. California --------------------------------------------------------------- The case captioned as Jose Santiago, individually and on behalf of others similarly situated v. RURAL/METRO FIRE DEPT., INC., an Arizona corporation; and DOES 1 through 50, inclusive, Case No. 37-2024-00005548-CU-OE-CTL was removed from the Superior Court of the State of California for the County of San Diego, to the United States District Court for the Southern District of California on March 21, 2024, and assigned Case No. 3:24-cv-00544-LL-AHG. The Plaintiff alleges that he and the putative class are entitled to recover purportedly unpaid overtime, minimum wages, and meal and rest period premiums, in addition to wage statement penalties, waiting time penalties, statutory and civil penalties, expense reimbursement, restitution, costs, and attorneys' fees.[BN] The Defendants are represented by: Michael S. Kun, Esq. Kevin D. Sullivan, Esq. EPSTEIN BECKER & GREEN, P.C. 1925 Century Park East, Suite 500 Los Angeles, CA 90067 Phone: 310.556.8861 Facsimile: 310.553.2165 Email: mkun@ebglaw.com ksullivan@ebglaw.com SCAN HEALTH PLAN: Apodaca Sues Over Failure to Pay All Wages ------------------------------------------------------------ John Apodaca, an individual; and others similarly situated v. SCAN HEALTH PLAN; A Corporation Doing Business in California; and DOES 1 through 50, inclusive; Case No. 24STCV07295 (Cal. Super. Ct., Los Angeles Cty., March 22, 2024), is brought Under Labor Code Private Attorneys Generals Act ("PAGA") for failure to pay all wages, failure to provide meal breaks, failure to provide rest breaks, waiting time penalties. With regard to Defendant's hourly-paid employees, Defendant has: Failed to provide aggrieved employees all legally requisite meal periods; Failed to pay all aggrieved employees meal premium wages at the legal pay rate; Failed to authorize and permit all paid legally requisite rest periods for aggrieved employees; Failure to pay all wages; Derivatively failed to timely furnish accurate itemized wage statements to all aggrieved employees; Independently failed to timely furnish accurate itemized wage statements to all aggrieved employees; and Derivatively violated Labor Code regarding all aggrieved employees, says the complaint. The Plaintiff is an individual, who resides in County of Los Angeles State of California. Scan Health Plan is a California Limited Liability Company located in City of Long Beach, County of Los Angeles.[BN] The Plaintiff is represented by: Narak Mirzaie, Esq. M LAW ATTORNEYS, APC 680 East Colorado Blvd. Suite 180 Pasadena, CA 91101 Phone: (626) 626-4422 Fax: (626) 626-4420 SECURITAS SECURITY: Gandy and Gandy Seek Proper Overtime Wages -------------------------------------------------------------- Latoya Gandy and Keona Gandy, on behalf of themselves and all others similarly situated, Plaintiffs v. Securitas Security Services USA, Inc., Defendant, Case No. 2:24-cv-02146 (C.D. Cal., March 15, 2024) alleges violations of the federal Fair Labor Standards Act and the Portal-to-Portal Act. Plaintiff Latoya was employed from approximately March 2020 through November 2023 and Plaintiff Keona has been employed by Defendant since September 2022. The Plaintiffs worked for Defendant as nonexempt, hourly-paid security guard employees. In some workweeks, the Plaintiffs were paid for over 40 hours of work, and Defendant compensated some, but not all, of the overtime premium wages they were entitled to, because Defendant did not compensate them for mandatory pre- and post-liminary work duties completed before and after their shift. Headquartered in New Jersey, Securitas Security Services USA, Inc. is a "locally-focused security company" that provides security personnel to safeguard its customers' locations across the country. [BN] The Plaintiffs are represented by: Colby Qualls, Esq. FORESTER HAYNIE PLLC 400 N. St. Paul Street, Suite 700 Dallas, TX 75201 Telephone: (214) 210-2100 E-mail: cqualls@foresterhaynie.com SHOALS TECHNOLOGIES: Westchester Sues Over Exchange Act Violation ----------------------------------------------------------------- Westchester Putnam Counties Heavy & Highway Laborers Local 60 Benefits Fund, individually and on behalf of all others similarly situated v. SHOALS TECHNOLOGIES GROUP, INC., JASON WHITAKER, JEFFREY TOLNAR, BRANDON MOSS, DOMINIC BARDOS, and KEVIN HUBBARD, Case No. 3:24-cv-00334 (N.D. Tenn., March 21, 2024), is brought on behalf of all persons and entities that purchased Shoals common stock between May 17, 2022 and November 7, 2023, inclusive (the "Class Period") against Shoals and certain of its officers (collectively "Defendants") seeking to pursue remedies under the Securities Exchange Act of 1934 (the "Exchange Act") and SEC Rule 10b-5 promulgated thereunder. Prior to, and during the Class Period, Shoals used polymer-insulated copper wires, which it purchased from a number of different suppliers, in its EBOS products. The wires served a critical role in Shoals EBOS products as part of custom wire harnesses that are used to aggregate electricity from multiple solar panels and deliver that electricity to inverters. Throughout the Class Period, Defendants touted the Company's "focus on quality and reliability" with regard to its EBOS components, from which Shoals generated the majority of its revenue during the Class Period. These components were backed by a product warranty Shoals provided to its customers. Shoals highlighted that its products "meet the Company's stringent quality requirements." As the Company's warranty supported the products meeting "stringent quality requirements," Shoals assured investors throughout the Class Period that its reported "Cost of Revenue" included costs related to product warranty liability. On November 7, 2023, Shoals stunned the market by revealing that the Company had been forced to take an additional $50.2 million charge for warranty expense as result of the wire shrinkback issue. Shoals further advised that it expected the wire shrinkback issue to cost between $59.7 million and $184.9 million dollars to remedy. On this news, Shoals' stock price fell more than 20%, from a closing price of $16.23 per share on November 7, 2023, to a closing price of $12.95 per share on November 9, 2023, wiping out approximately $550 million in market capitalization. Securities analysts were shocked by the disclosure and linked Shoals' sharp stock price decline to the warranty charge. For example, in a report dated November 10, 2023, analysts at Barclays declared that "the upper end of the $60-$185mm came as surprise to investors and has contributed to the underperformance of the stock." Similarly, analysts at Truist noted that the third-quarter results "were heavily impacted by a ~$50mm warranty charge that drove unadjusted 3Q gross margins well below our/street estimates." As a result of Defendants' wrongful acts and omissions, and the precipitous decline in market value of the Company's common stock when the truth was disclosed, Plaintiff and other Class members have suffered significant losses and damages, says the complaint. The Plaintiff provides pension and other benefits for union members. Shoals purports to be a leading provider of electrical balance of system ("EBOS") products for solar power generation, battery storage, and electric vehicle charging infrastructure.[BN] The Plaintiff is represented by: J. Gerard Stranch IV, Esq. STRANCH, JENNINGS & GARVEY PLLC The Freedom Center 223 Rosa L. Parks Avenue, Suite 200 Nashville, TN 37203 Phone: (615) 254-8801 Email: gstranch@stranchlaw.com - and - Lester Hooker, Esq. SAXENA WHITE P.A. 7777 Glades Road, Suite 300 Boca Raton, FL 33434 Phone: (561) 394-3399 Fax: (561) 394-3382 Email: lhooker@saxenawhite.com - and - Rachel Avan, Esq. Marco A. Dueñas, Esq. 10 Bank Street, Suite 882 White Plains, NY 10606 Phone: (914) 437-8551 Fax: (888) 216-2220 Email: ravan@saxenawhite.com mduenas@saxenawhite.com SIX FLAGS: Charges Vacationers Hidden Fees, Labrake Suit Says ------------------------------------------------------------- HEATHER LABRAKE and STEPHANIE SMITH, individually and on behalf of all others similarly situated v. SIX FLAGS ENTERTAINMENT CORPORATION d/b/a SIX FLAGS GREAT ESCAPE LODGE, Case No. 8:24-cv-00356-AMN-CFH (N.D.N.Y., March 14, 2024), accuses the Defendant of violating the New York State Arts and Cultural Affairs Law. This action arises from Defendant's alleged practice of charging hidden fees to vacationers purchasing tickets on its website, https://www.sixflagsgreatescapelodge.com/. Defendant charges customers a "Processing Fee" at checkout and most customers only become aware of this hidden charge when they receive a confirmation email with their receipt. The New York State Arts and Cultural Affairs Law requires all operators of a place of entertainment to disclose the total cost of the ticket, inclusive of all ancillary fees that must be paid by the customer, prior to the ticket being selected for purchase. The Plaintiffs seek relief and damages in this action individually, and on behalf of all other customers who bought tickets from Defendant through its website. Headquartered in Arlington, TX, Six Flags Entertainment Corporation is an American regional theme park operator. [BN] The Plaintiffs are represented by: Enes Hajdarpasic, Esq. ONAL GALLANT BAYRAM & AMIN 619 River Dr., Ste 340 Elmwood Park, NJ 07407 Telephone: (201) 508-0808 E-mail: enes@ogplawfirm.com - and - Chad Saunders, Esq. CROSNER LEGAL, P.C 9440 Santa Monica Blvd., Suite 301 Beverly Hills, CA 90210 Telephone: (866) 276-7637 Facsimile: (310) 510-6429 E-mail: chad@crosnerlegal.com SOURPUSS CLOTHING: Karim Files ADA Suit in S.D. New York -------------------------------------------------------- A class action lawsuit has been filed against Sourpuss Clothing, LLC. The case is styled as Jessica Karim, on behalf of herself and all others similarly situated v. Sourpuss Clothing, LLC, Case No. 1:24-cv-02169 (S.D.N.Y., March 22, 2024). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Sourpuss -- https://www.sourpussclothing.com/ -- is an independent brand and retailer deeply rooted in punk rock, tattoo culture, vintage kitsch, horror movies, monsters, halloween, goth homewares, and more.[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 SPROUTS FARMERS: Khwaja Alleges Unfair Competition Practices ------------------------------------------------------------ BELAY KHWAJA, an individual; on behalf of herself and all others similarly situated v. SPROUTS FARMERS MARKET, INC. (d/b/a Sprouts Farmers Market and d/b/a Sprouts); SF MARKETS, LLC (d/b/a Sprouts Farmers Market, d/b/a Sprouts, and d/b/a SFM, LLC); SPROUTS FARMERS MARKET, LLC; and DOES 1-100, inclusive, Case No. 30-2024-01386230-CU-BT-CXC (Cal. Super., Orange Cty., March 14, 2024) accuses the Defendants of violating the California Unfair Competition Law. The Plaintiff shopped at two Sprouts stores in California in September and November 2023. On both occasions, Plaintiff purchased menstrual pads and was charged sales and use tax. The Plaintiff claims that to this day, all Sprouts markets located in California continue to charge sales and use taxes on menstrual hygiene products. The Plaintiff further alleges that such policies have resulted in gender-based price discrimination, which violates state and federal law. Based in Santa Ana, CA, Sprouts is a national supermarket chain known for its selection of natural and organic food, personal, and household products. [BN] The Plaintiff is represented by: Kelly W. Weil, Esq. Gary A. Praglin, Esq. Hannah K. Brown, Esq. Theresa E. Vitale, Esq. COTCHETT, PITRE & McCARTHY, LLP 2716 Ocean Park Boulevard, Suite 3088 Santa Monica, CA 90405 Telephone: (310) 392-2008 Facsimile: (310) 392-0111 E-mail: kweil@cpmlegal.com gpraglin@cpmlegal.com hbrown@cpmlegal.com tvitale@cpmlegal.com STRATEGIC RETAIL: Faces Harvey Suit Over Worker Misclassification ----------------------------------------------------------------- Patrick Harvey, Individually and On Behalf of All Similarly Situated Persons, Plaintiff v. Strategic Retail Partners and Merchandising Solutions Group, Inc., Defendants, Case No. 1:24-cv-00723 (D. Colo., March 15, 2024) arises from Defendants' unlawful employment practices that include misclassifying traveling merchandisers as independent contractors even though the workers are treated as and have all of the characteristics of employees. The Plaintiff brings this lawsuit on his own behalf and on behalf of his former co-workers and workers for other manpower suppliers against Defendants to recover unpaid overtime that is mandated by the Fair Labor Standards Act. Strategic Retail Partners (SRP) is a company that supplies retail stores around the country with assorted retail items, such as sunglasses, cell phone accessories, gloves, hats, and other apparel, which are located on racks and shelves supplied by SRP. [BN] The Plaintiff is represented by: Josef F. Buenker, Esq. THE BUENKER LAW FIRM P.O. Box 10099 Houston, TX 77206 Telephone: (713) 868-3388 Facsimile: (713) 683-9940 E-mail: jbuenker@buenkerlaw.com TORRID LLC: Karim Files ADA Suit in S.D. New York ------------------------------------------------- A class action lawsuit has been filed against Torrid, LLC. The case is styled as Jessica Karim, on behalf of herself and all others similarly situated v. Torrid, LLC, Case No. 1:24-cv-02171 (S.D.N.Y., March 22, 2024). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Torrid -- https://www.torrid.com/ -- is the ultimate retail destination for fashion apparel, accessories, swimwear and lingerie.[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 TRAVEL RESORTS: Chapman Files TCPA Suit in M.D. North Carolina -------------------------------------------------------------- A class action lawsuit has been filed against Travel Resorts of America, Inc. The case is styled as Brian Chapman, individually and on behalf of all others similarly situated v. Travel Resorts of America, Inc., Case No. 1:24-cv-00251 (M.D.N.C., March 20, 2024). The lawsuit is brought over alleged violation of the Telephone Consumer Protection Act for Restrictions of Use of Telephone Equipment. Travel Resorts of America, Inc. -- https://www.travelresorts.com/ -- is an owner and operator of eight scenic resorts along the East Coast of the United States.[BN] The Plaintiff is represented by: Ryan P. Duffy, Esq. THE LAW OFFICE OF RYAN P. DUFFY PLLC 1213 W. Morehead St., Suite 500, Unit #450 Charlotte, NC 28208 Phone: (704) 741-9399 Email: ryan@ryanpduffy.com TVI INC: Villanueva Suit Removed to N.D. California --------------------------------------------------- The case captioned as Jose Villanueva, individually, and on behalf of other members of the general public similarly situated v. TVI, INC., a Washington corporation; SAVERS RECYCLING, INC., a Washington corporation; SAVERS VALUE VILLAGE, INC., a Delaware corporation; and DOES 1 through 10, inclusive, Case No. 24CV429597 was removed from the Superior Court of California for the County of Santa Clara, to the U.S. District Court for the Northern District of California on March 15, 2024, and assigned Case No. 5:24-cv-01649. The Complaint sets forth the following nine causes of action: violation of Cal. Lab. Code for failure to pay overtime; violation of Cal. Lab. Code for unpaid minimum wages; violation of Cal. Lab. Code for failure to authorize and permit rest periods; violation of Cal. Lab. Code for non-compliant wage statements and failure to maintain payroll records; violation of Cal. Lab. Code for failure to timely pay wages upon termination; violation of Cal. Lab. Code for failure to timely pay wages; violation of Cal. Lab. Code for failure to pay business expenses; violation of Cal. Lab. Code for unlawful business practices; violation of Cal. Lab. Code for unfair business practices.[BN] The Defendants are represented by: Adam Y. Siegel, Esq. JACKSON LEWIS P.C. 725 South Figueroa Street, Suite 2500 Los Angeles, CA 90017-5408 Phone: (213) 689-0404 Facsimile: (213) 689-0430 Email: Adam.Siegel@jacksonlewis.com TWO JINN: Parties Seek to Reset Class Cert. Bid Briefing Schedule ----------------------------------------------------------------- In the class action lawsuit captioned as SARA MEDINA and ALICIA MARTINEZ, individually and on behalf of all others similarly situated, v. TWO JINN, INC., a California corporation, d/b/a ALADDIN BAIL BONDS, and ADLER WALLACH & ASSOCIATES, INC., a California corporation, d/b/a AWA COLLECTIONS, Case No. 3:22-cv-02540-RFL (N.D. Cal.),the Parties ask the Court resetting briefing schedule for motion to certify class: Event Current Stipulated Deadline Deadline Plaintiffs' Reply to Defendants' Apr. 5, 2024 Apr. 26, 2024 Oppositions to Plaintiffs' Motion to Certify Class: On Jan. 12, 2024, the Plaintiffs filed their motion to certify class. On March 1, 2024, the Defendants filed their oppositions to the Plaintiffs' motion to certify class. The Parties agree that a modest extension of the Plaintiffs' deadline to file their reply will not affect other deadlines in the case, such as the class certification hearing date, fact discove1y cut-off, and the trial date. Two Jinn provides consulting services. The Company offers bail bond, payment options, and other legal services. A copy of the Parties' motion dated March 20, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=pErNIj at no extra charge.[CC] The Plaintiffs are represented by: Rafey S. Balabanian, Esq. J. Aaron Lawson, Esq. Yaman Salahi, Esq. Julian Zhu, Esq. Natasha Fernandez-Silber, Esq. EDELSON PC 150 California Street, 18th Floor San Francisco, CA 94111 Telephone: (415) 212-9300 Facsimile: (415) 373-9435 E-mail: rbalabanian@edelson.com alawson@edelson.com ysalahi@edelson.com jzhu@edelson.com nfernandezsilber@edelson.com The Defendants are represented by: Beatriz Mejia, Esq. K.C. Jaski, Esq. Katelyn L. Kang, Esq. Robby L.R. Saldaña, Esq. COOLEY LLP 3 Embarcadero Center, 20th Floor San Francisco, CA 94111-4004 Telephone: (415) 693-2000 Facsimile: (415) 693-2222 E-mail: mejiab@cooley.com kjaski@cooley.com kkang@cooley.com rsaldana@cooley.com - and - David Kaminski, Esq. Martin Schannong, Esq. Michael P. Lavigne, Esq. CARLSON & MESSER LLP 5901 W. Century Boulevard, Suite 1200 Los Angeles, CA 90045 Telephone: (310) 242-2200 Facsimile: (310) 242-2222 E-mail: kaminskid@cmtlaw.com lavignem@cmtlaw.com lavignem@cmtlaw.com UBER FREIGHT: Coreno Seeks PAGA Penalties for Labor Breaches ------------------------------------------------------------ VINCENT CORENO, an individual, on behalf of himself, and on behalf of all persons similarly situated, v. UBER FREIGHT US LLC, a Delaware limited CODE §§ 2698 ET SEQ.] liability company; UBER FREIGHT LLC, a Delaware limited liability company; UBER TECHNOLOGIES, INC., a Delaware corporation; and DOES 1-50, Inclusive, Case No. 24STCV06459 (Cal. Super., Los Angeles Cty., March 14, 2024) seeks to recover civil penalties under the Private Attorneys General Act for Defendants' alleged Labor Code violations. This is a PAGA-only action initiated by Plaintiff on behalf of himself and all current and former aggrieved employees that worked for Defendants. The Plaintiff was employed by Defendants in California as an hourly-paid, non-exempt employee from May 2021 to August 2023. The Plaintiff alleges that Defendants have committed multiple violations of the California Labor Code, including, among others, failure to provide meal and rest periods, failure to reimburse business expenses incurred by Plaintiff and other aggrieved employees in direct consequence of the discharge of their duties, failure to provide accurate itemized wage statements, as well as minimum wage and overtime pay violations. The Plaintiff seeks to obtain all applicable relief for Defendants' violations under PAGA. Uber Freight US LLC is engaged in the transportation business and is headquartered in California. [BN] The Plaintiff is represented by: Shani O. Zakay, Esq. Jackland K. Hom, Esq. Julieann Alvarado, Esq. Rachel Newman, Esq. ZAKAY LAW GROUP, APLC 5440 Morehouse Drive, Suite 3600 San Diego, CA 92121 Telephone: (619) 255-9047 Facsimile: (858) 404-9203 E-mail: shani@zakawlaw.com jackland@zakaylaw.com julieann@zakaylaw.com rachel@zakaylaw.com - and - Jean-Claude Lapuyade, Esq. JCL LAW FIRM, APC 5440 Morehouse Drive, Suite 3600 San Diego, CA 92121 Telephone: (619) 599-8292 Facsimile: (619) 599-8291 E-mail: jlapuyade@jcl-lawfirm.com UNITED STATES: Class Cert. Briefing Deadlines in Popkova Stricken ----------------------------------------------------------------- In the class action lawsuit captioned as Larisa Popkova DSHS Employee No. 1, Paula Brantner-Thomas DSHS Employee No. 2, Katherine Rowlette DSHS Employee No. 3, Karen Robbins DSHS Employee No. 4, Gary C. Bright DSHS Employee No. 5, on behalf of themselves and all other similarly situated persons, v. DEPARTMENT OF SOCIAL AND HEALTH SERVICES, Don Clintsman and Jilma Meneses, DOES 1-50, Case No. 3:23-cv-05130-DGE (W.D. Wash.), the Hon. Judge David G. Estudillo entered an order striking all present deadlines for class certification briefing and staying the action for 30 days: -- On or before the expiration of 30 days following entry of this order, the parties shall file a status report with the Court describing the status of the parties' settlement discussions. On Jan. 11, 2024 and Feb. 14, 2024 the parties jointly requested extensions of the class certification briefing schedule to enable the parties to focus their efforts on resolving the class certification issues without Court involvement. The parties now report that they have outlined a resolution for the entire action (not only the class certification issues), and now request additional time to finalize the terms of that settlement. A copy of the Court's order dated March 18, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=JjejgY at no extra charge.[CC] The Plaintiffs are represented by: Tracy Tribbett, Esq. PACIFIC JUSTICE INSTITUTE 6404 Three Rivers Drive Pasco, WA 99301 Telephone: (509) 713-9868 E-mail: ttribbett@pji.org The Defendant is represented by: Mary Crego Peterson, Esq. Michael J. Ewart, Esq. HILLIS CLARK MARTIN & PETERSON P.S. 999 Third Avenue, Suite 4600 Seattle, WA 98104 Telephone: (206) 623-1745 E-mail: mary.peterson@hcmp.com jake.ewart@hcmp.com UNITED STATES: Henry Wins Class Certification Bid ------------------------------------------------- In the class action lawsuit captioned as LOLITA HENRY and THOMAS HUGHES, individually, and on behalf of a class of similarly-situated persons and entities, v. UNITED STATES OF AMERICA, Case No. 4:23-cv-11992-SDK-KGA (E.D. Mich.), the Plaintiffs ask the Court to enter an order granting the Plaintiffs' motion for class certification and certifying this action to be a proper class action, with the Class consisting of: "all persons in the United States who (1) filed Chapter 13 petitions, (2) made pre-confirmation payments to a Standing Trustee, (3) had plans that were not confirmed by the bankruptcy court, and their case was subsequently dismissed, and (4) the Standing Trustee retained less than $10,000 of in pre-confirmation payments as a fee after the dismissal within the six years preceding the filing of this action or during the pendency of this action." The Plaintiffs also request that the Court certify them as Class Representatives and designate Kickham Hanley PLLC and The Findling Law Firm as Class Counsel. On Oct. 3, 2023, the parties' counsel conferred in good faith and in a meaningful manner regarding this motion. The Plaintiffs' counsel was able to reasonably explain the nature of the motion, the legal basis for the motion, and the nature of the relief sought. The Defendant does not concur in the motion. The Plaintiffs challenge the U.S. Government's unconstitutional taking for a public purpose, in violation of the Fifth Amendment to the U.S. Constitution – without compensation – of specific, identifiable funds in which the members of the Class have a property interest and, in the alternative, challenge the U.S. Government's seizure of their funds as an "illegal exaction" under the Due Process Clause of the Fifth Amendment to the U.S. Constitution. The Plaintiffs are residents in the Eastern District of Michigan and are former Chapter 13 Debtors whose Fee Portion collected by the Standing Trustees was unlawfully retained. A copy of the Plaintiffs' motion dated March 19, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=PykZHc at no extra charge.[CC] The Plaintiffs are represented by: Gregory D. Hanley, Esq. KICKHAM HANLEY PLLC 32121 Woodward Avenue, Suite 300 Royal Oak, MI 48073 Telephone: (248) 544-1500 E-mail: ghanley@kickhamhanley.com - and - David Findling, Esq. THE FINDLING LAW FIRM, PLC 415 S. West Street Royal Oak, MI 48067 Telephone: (248) 399-9700 E-mail: david@findlinglaw.com UNITED STATES: Sarmiento Balks at Denied Insurance Premium Refunds ------------------------------------------------------------------ TRICIA SARMIENTO, individually And on behalf of all others similarly situated, Plaintiff v. UNITED STATES OF AMERICA DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT and JULIA R. GORDON, in her official capacity as Assistant Secretary for Housing and Federal Housing Commissioner of the U.S. Department of Housing and Urban Development, Defendants, Case No. 8:24-cv-00651 (M.D. Fla., March 12, 2024) is an action for declaratory relief under 28 U.S.C. Section 2201, equitable relief, and for damages, due to Department of Housing and Urban Development failing to refund mortgage insurance premiums (MIP) to Federal Housing Administration-insured mortgage borrowers, including Plaintiff, upon early termination of their loans. The Plaintiff and Class Members conferred a benefit on Defendant, in that Defendant has unfairly retained Plaintiff's and Class Members' MIP refunds, and it has retained earned interest and other investment monies while in possession of these MIP refunds that should have been refunded upon termination of Plaintiff's and Class Members' loans, says the suit. United States of America Department of Housing and Urban Development administers programs that provide housing and community development assistance.[BN] The Plaintiff is represented by: Joshua H. Eggnatz, Esq. EGGNATZ ǀ PASCUCCI 7450 Griffin Road, Suite 230 Davie, FL 33314 Telephone: (954) 889-3359 Facsimile: (954) 889-5913 E-mail: JEggnatz@JusticeEarned.com - and - Seth M. Lehrman, Esq. LEHRMAN LAW 951 Yamato Road, Suite 285 Boca Raton, FL 33431 Telephone: (954) 304-9260 E-mail: seth@lehrmanlaw.com - and - David La Croix, Esq. 7501 180th Street McAlpin, FL 32062 Telephone: (386) 963-5729 E-mail: davidlac333@gmail.com UNITED SUGAR PRODUCERS: Morelos Bakery Sues Over Price Fixing ------------------------------------------------------------- Morelos Bakery LLC, on behalf of themselves and all others similarly situated v. UNITED SUGAR PRODUCERS & REFINERS COOPERATIVE F/K/A UNITED SUGARS CORPORATION, AMERICAN SUGAR REFINING, INC., ASR GROUP INTERNATIONAL, INC., DOMINO FOODS, INC., CARGILL, INC., MICHIGAN SUGAR COMPANY, COMMODITY INFORMATION, INC., AND RICHARD WISTISEN, Case No. 0:24-cv-00966 (D. Minn., March 19, 2024), is brought to recover treble damages, injunctive relief, and any other relief as appropriate, based on violations of the Sherman Act and various state antitrust and consumer protection laws by the Defendants due to fixing, raising, maintaining, and stabilizing prices for Granulated Sugar. Since at least January 1, 2019, Defendants and their co-conspirators conspired and combined to fix, raise, maintain, and stabilize prices for Granulated Sugar sold throughout the United States. The Producing Defendants--who are otherwise horizontal competitors--are among the largest producers and sellers of Granulated Sugar in the United States, especially after Defendant United's acquisition of former competitor Imperial Sugar Company ("Imperial") in November 2022. In furtherance of this conspiracy, among other things, the Producing Defendants engaged in price signaling and exchanged competitively sensitive information about prices, capacity, sales volume, and demand, including through Defendant Commodity. These actions were taken with the intended purpose and effect of increasing Granulated Sugar Prices throughout the United States. As a result of Defendants' combination and conspiracy, Granulated Sugar prices in the United States have been artificially inflated throughout the Class Period, causing Plaintiff and other commercial, industrial, and institutional indirect purchasers ("Commercial Indirect Purchasers") to suffer overcharges, says the complaint. The Plaintiff purchased Granulated Sugar indirectly from one or more the Defendants in Connecticut and suffered antitrust injury as a result. United is a Minnesota corporation with its principal place of business in Edina, Minnesota, selling Granulated Sugar primarily under the brand name Crystal Sugar.[BN] The Plaintiff is represented by: Heidi M. Silton, Esq. Jessica N. Servais, Esq. Joseph C. Bourne, Esq. LOCKRIDGE GRINDAL NAUEN PLLP 100 Washington Avenue South, Suite 2200 Minneapolis, MN 55401 Phone: (612) 339-6900 Fax: (612) 339-0981 Email: hmsilton@locklaw.com jnservais@locklaw.com jcbourne@locklaw.com - and - Paul J. Phelps, Esq. SAWICKI & PHELPS, P.A. 5758 Blackshire Path Inver Grover Heights, MN 55076 Phone: (651) 730-6900 Fax: (651) 730-8110 Email: pphelps@mnlawyers.com - and - Matthew W. Ruan, Esq. Douglas A. Millen, Esq. Michael E. Moskovitz, Esq. FREED KANNER LONDON & MILLEN LLC 100 Tri-State International, Suite 128 Lincolnshire, IL 60069 Phone: (224) 632-4500 Email: mruan@fklmlaw.com dmillen@fklmlaw.com mmoskovitz@fklmlaw.com - and - Kimberly A. Justice, Esq. Jonathan M. Jagher, Esq. FREED KANNER LONDON & MILLEN LLC 923 Fayette Street Conshohocken, PA 19428 Phone: (610) 234-6486 Email: kjustice@fklmlaw.com jjagher@fklmlaw.com - and - Kellie Lerner, Esq. Benjamin D. Steinberg, Esq. Ellen G. Jalkut, Esq. Laura Song, Esq. ROBINS KAPLAN LLP 1325 Avenue of the Americas, Suite 2601 New York, NY 10019 Phone: (212) 980-7400 Email: klerner@robinskaplan.com bsteinberg@robinskaplan.com ejalkut@robinskaplan.com lsong@robinskaplan.com URBAN LEAF CO: Rascon Files Suit in Cal. Super. Ct. --------------------------------------------------- A class action lawsuit has been filed against Urban Leaf Co. The case is styled as Luis Rascon, individually and on behalf of all others similarly situated v. Urban Leaf Co. dba The Produce Company, Case No. STK-CV-UOE-2024-0003473 (Cal. Super. Ct., San Joaquin Cty., March 19, 2024). The case type is stated as "Unlimited Civil Other Employment." Urban Leaf Co. doing business as The Produce Company -- https://www.produce.co.nz/ -- offers premium food service wholesale food distributor and butchery delivered fresh daily.[BN] The Plaintiff is represented by: Jessica L. Campbell, Esq. AEGIS LAW FIRM 9811 Irvine Center Dr., Ste. 100 Irvine, CA 92618 Phone: 949-379-6250 Fax: (949) 379-6251 Email: jcampbell@aegislawfirm.com UTILIQUEST LLC: Hicks Suit Removed to E.D. California ----------------------------------------------------- The case captioned as Robert Hicks, an individual, and on behalf of others similarly situated and aggrieved v. UTILIQUEST, LLC, a Georgia Limited Liability Company; DYCOM INDUSTRIES, INC., a Florida corporation; and DOES 1 through 50, inclusive, Case No. 24CV001311 was removed from the Superior Court of the State of California, County of Sacramento, to the United States District Court for the Eastern District of California on March 22, 2024, and assigned Case No. 2:24-cv-00911-AC. The Complaint purports to allege ten claims for relief: "Failure to Provide Required Meal Periods;" "Failure to Provide Required Rest Periods;" "Failure to Pay Overtime Wages;" "Failure to Pay Minimum Wages;" "Failure to Pay All Wages Due to Discharged and Quitting Employees;" "Failure to Maintain Required Records;" "Failure to Furnish Accurate Itemized Wage Statements;" "Failure to Indemnify Employees for Necessary Expenditures Incurred in Discharge of Duties;" "Unfair and Unlawful Business Practices;" and "Penalties Under the Labor Code Private Attorneys Act, as Representative Action."[BN] The Defendants are represented by: Christopher A. Crosman, Esq. Michael A. Sigall, Esq. SEYFARTH SHAW LLP 2029 Century Park East, Suite 33500 Los Angeles, CA 90067-3021 Phone: (310) 277-7200 Facsimile: (310) 201-5219 Email: ccrosman@seyfarth.com msigall@seyfarth.com VAXART INC: Parties Seek Class Cert. Hearing Extension to April 18 ------------------------------------------------------------------ In the class action lawsuit captioned as Himmelberg v. Vaxart, Inc. et al. (VAXART, INC. SECURITIES LITIGATION), Case No. 3:20-cv-05949-VC (N.D. Cal.), the Lead Plaintiffs, Additional Plaintiff and the Defendants, request an order from the Court continuing the hearing on the Plaintiffs' motion for class certification from April 4, 2024 at 10:00 a.m. to April 18, 2024 at 10:00 a.m. On Aug. 17, 2023, the Court entered a Stipulation and Case Management Plan setting forth the briefing schedule for the Motion and a hearing date of March 21, 2024 for the Motion. On March 18, 2024, the Court issued an Order continuing the hearing on the Motion from March 21, 2024 at 10:00 a.m. to April 4, 2024 at 10:00 a.m. As a result of a preexisting scheduling conflict, lead trial counsel for Armistice Defendants would be unable to attend a hearing in person on the Motion if the matter is scheduled to be heard on April 4, 2024. The Parties are already scheduled to appear before the Court on April 18, 2024 for a Case Management Conference; The Plaintiffs' and Armistice Defendants' respective counsel have conferred and agreed that all counsel would be available to attend a hearing in person on April 18, 2024 at 10:00 a.m. or as soon thereafter as the Court's schedule will permit. Vaxart is an American biotechnology company focused on the discovery, development, and commercialization of oral recombinant vaccines. A copy of the Parties' motion dated March 19, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=icEU9K at no extra charge.[CC] The Plaintiff is represented by: Reed R. Kathrein, Esq. Lucas E. Gilmore, Esq. Raffi Melanson, Esq. Steven W. Berman, Esq. HAGENS BERMAN SOBOL SHAPIRO LLP 715 Hearst Avenue, Suite 202 Berkeley, CA 94710 Telephone: (510) 725-3000 Facsimile: (510) 725-3001 E-mail: reed@hbsslaw.com lucasg@hbsslaw.com raffim@hbsslaw.com steveb@hbsslaw.com - and - John T. Jasnoch, Esq. William C. Fredericks, Esq. Jeffrey P. Jacobson, Esq. SCOTT+SCOTT ATTORNEYS AT LAW LLP 600 W. Broadway, Suite 3300 San Diego, CA 92101 Telephone: (619) 233-4565 Facsimile: (619) 233-0508 E-mail: jjasnoch@scott-scott.com wfredericks@scott-scott.com jjacobson@scott-scott.com - and - Brian J. Schall, Esq. THE SCHALL LAW FIRM 2049 Century Park East, Ste. 2460 Los Angeles, CA 90067 Telephone: (310) 301-3335 Facsimile: (213) 519-5876 E-mail: brian@schallfirm.com The Defendants are represented by: Neal R. Marder, Esq. Joshua A. Rubin, Esq. Sina Safvati, Esq. Lillian Rand, Esq. AKIN GUMP STRAUSS HAUER & FELD LLP 1999 Avenue of the Stars, Suite 600 Los Angeles, CA 90067 E-mail: nmarder@akingump.com rubinj@akingump.com ssafvati@akingump.com lrand@akingump.com VICTOR'S SUSHI: Fails to Pay Proper Wages, Garrett and Tiefert Say ------------------------------------------------------------------ JESSICA GARRETT and LYN TIEFERT, Plaintiffs v. VICTORS SUSHI, LLC and VICTORS SUSHI 2 LLC d/b/a VICTOR'S SUSHI and VICTOR SEBASTIAN individually, Defendants, Case No. 1:24-cv-00730 (D. Colo., March 15, 2024) is a class action arising under the Fair Labor Standards Act and the Colorado Minimum Wage Act. The Plaintiffs and those similarly situated are currently employed or were formerly employed by Defendants as waiters. When Plaintiffs worked more than 40 hours a week, Defendants failed to pay Plaintiffs overtime wages at one and half times their hourly rate. Among other things, Defendants also failed to provide for required meal and rest breaks, says the suit. Victors Sushi, Inc. operates two restaurant locations in Colorado. [BN] The Plaintiffs are represented by: Jacob Aronauer, Esq. THE LAW OFFICES OF JACOB ARONAUER 250 Broadway, Suite 600 New York, NY 10007 Telephone: (212) 323-6980 E-mail: jaronauer@aronauerlaw.com VISTA EQUITY: GCERS Files Suit in Del. Chancery Ct. --------------------------------------------------- A class action lawsuit has been filed against Vista Equity Partners Management, LLC, et al. The case is styled as Genesee County Employees Retirement System, and others similarly situated v. Vista Equity Partners Management, LLC, Vista Equity Partners Fund VI-A, L.P., Vista Equity Partners Fund VI, L.P., VFF I AIV IV-A, L.P., VFF I AIV IV, L.P., VEPF VI FAF, L.P., VEPF IV AIV VII-A, L.P., VEPF IV AIV VII, L.P., VEPF III AIV VI-A, L.P., VEPF III AIV VI, L.P., Sam Payton, Rajeev Aggarwal, Nicolas Stahl, Maneet Saroya, David Breach, Betty Hung, Case No. 2024-0299 (Del. Chancery Ct., March 25, 2024). The case type is stated as "Breach of Fiduciary Duties." Vista Equity Partners -- https://www.vistaequitypartners.com/ -- is an American private equity firm that invests in software, data, and technology-enabled businesses.[BN] The Plaintiff is represented by: Ned Weinberger, Esq. LABATON KELLER SUCHAROW LLP-DELAWARE 222 Delaware Ave Ste 1510 Wilmington, DE 19801 Phone: (302) 573-6938 Email: nweinberger@labaton.com VOSA SPIRITS: Morgan Files ADA Suit in S.D. New York ---------------------------------------------------- A class action lawsuit has been filed against Vosa Spirits, LLC. The case is styled as Paradise Morgan, individually and as the representative of a class of similarly situated persons v. Vosa Spirits, LLC, Case No. 1:24-cv-02035-VSB (S.D.N.Y., March 19, 2024). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Vosa Spirits -- https://vosaspirits.com/ -- crafts exceptional lines of canned cocktails using premium spirits, all natural ingredients and high quality formulation.[BN] The Plaintiff is represented by: Dan Shaked, Esq. SHAKED LAW GROUP, P.C. 14 Harwood Court, Suite 415 Scarsdale, NY 10583 Phone: (917) 373-9128 Email: shakedlawgroup@gmail.com WALMART INC: Class Action Settlement in Haro Suit Gets Initial Nod ------------------------------------------------------------------ In the class action lawsuit captioned as AMADO HARO and ROCHELLE ORTEGA, On Behalf of Themselves and All Others Similarly Situated, v. WALMART, INC., Case No. 1:21-cv-00239-KES-SKO (E.D. Cal.), the Hon. Judge Sheila K. Oberto entered an order granting unopposed motion for preliminary approval of class action settlement and conditional certification of settlement class. 1. The Plaintiffs Amado Haro and Rochelle Ortega's unopposed motion for preliminary approval of a class action settlement is granted. 2. The proposed settlement is approved on a preliminary basis as fair and adequate. 3. For settlement purposes, the Court grants class certification under Rule 23 on behalf of the following individuals: "all individuals who worked at a Walmart retail store in California as a nonexempt store employee at any point between April 10, 2020, and Feb. 6, 2023" (the "California Class")." 4. For settlement purposes, the Court grants collective certification under 29 U.S.C. section 216(b) of the Fair Labor Standards Act on behalf of the following individuals: "all individuals who worked at a Walmart retail store in California as a nonexempt store employee at any point between April 10, 2020 and Feb. 6, 2023 and all individuals who submitted FLSA opt-in forms in this Action on or before Sept. 10, 2023" (the "FLSA Class")." 5. Don Foty of Hodges & Foty, LLP is appointed as counsel for the Class. 6. Haro and Ortega are appointed as the Class Representatives for settlement purposes. 7. The forms "Notice of Class Action and FLSA Settlement" and "FLSA Opt-In Form" are approved. 8. The deadline for the Settlement Administrator to file a declaration attaching a copy of the notices ultimately sent to the classes and describing the notice process is May 20, 2024. 9. The deadline for filing the motion for attorney's fees, costs, and service award is May 20, 2024. 10. The deadline for class members to object to the proposed settlement and/or the motion for attorney's fees, costs, and service award is June 20, 2024. 11. The Plaintiffs shall file their motion for final approval of the proposed settlement by July 20, 2024. In 2020, the Defendant implemented a company-wide policy requiring all hourly paid employees to pass a COVID-19 health screening before clocking in for a shift. In this lawsuit, the Plaintiff contends that five minutes' worth of pay was insufficient to compensate employees for time spent on the screening process because it did not account for the time spent walking from the testing area to the time clocks. Walmart counters that this time was not compensable, or if it was, the five minutes Walmart automatically paid was sufficient, and any employee could have reported the additional time to Walmart and received payment. The Plaintiffs alleges (1) failure to pay all wages, (2) failure to pay overtime, (3) failure to provide itemized wage statements, and a (4) failure to provide wages upon separation of employment, all in violation of the California Labor Code. The Plaintiffs filed this lawsuit as a collective action under the Fair Labor Standards Act and as a Rule 23 class action under the California Labor Code. Walmart is an American multinational retail corporation that operates a chain of hypermarkets, discount department stores, and grocery stores. A copy of the Court's order dated March 18, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=IaycvQ at no extra charge.[CC] WALMART INC: Guzman Files Suit in Cal. Super. Ct. ------------------------------------------------- A class action lawsuit has been filed against Walmart, Inc. The case is styled as Jaime Guzman, individually, and on behalf of all others similarly situated v. Walmart, Inc., Case No. 24CV068489 (Cal. Super. Ct., Alameda Cty., March 20, 2024). The case type is started as "Fraud (No Contract)." Walmart Inc. -- https://www.walmart.com/ -- is an American multinational retail corporation that operates a chain of hypermarkets, discount department stores, and grocery stores in the United States, headquartered in Bentonville, Arkansas.[BN] WELLS FARGO BANK: Kennedy Suit Removed to E.D. Wisconsin -------------------------------------------------------- The case captioned as Clarissa Kennedy, individually and on behalf of all others similarly situated v. WELLS FARGO BANK, N.A., Case No. 2024CV001486 was removed from the Circuit Court, Civil Division, Milwaukee County, Wisconsin, to the United States District Court for the Eastern District of Wisconsin on March 21, 2024, and assigned Case No. 2:24-cv-00347-WED. In her Complaint, Plaintiff alleges four claims for violations of the Electronic Fund Transfer Act ("EFTA") and one claim for violation of the Wisconsin Consumer Credit Protection Act ("WCA") against Wells Fargo.[BN] The Defendants are represented by: Blaec Croft, Esq. MCGUIREWOODS LLP Tower Two-Sixty 260 Forbes Avenue, Suite 1800 Pittsburgh, PA 15222 Phone: (412) 667-6057 Facsimile: (412) 402-4187 Email: bcroft@mcguirewoods.com WELLS FARGO: Class Certification Bid Filing Due Jan. 24 ------------------------------------------------------- In the class action lawsuit captioned as GEOFF WINKLER, v. WELLS FARGO BANK, N.A., Case No. 2:23-cv-00703-GMN-NJK (D. Nev.), the Hon. Judge Nancy Koppe resets deadlines as follows: -- Expert disclosures: Oct. 31, 2024 -- Fact discovery cutoff: Dec. 5, 2024 -- Rebuttal expert disclosures: Dec. 5, 2024 -- Expert discovery cutoff: Jan. 10, 2025 -- Class certification deadline: Jan. 24, 2025 -- Dispositive motion deadline: Apr. 23, 2025 -- Joint proposed pretrial order: May 23, 2025, or 30 days after resolution of dispositive motions The Plaintiffs contend that more time is needed for expert disclosures. The Defendant's opposition to that request appears to stem mostly from the case management structure issues, which are being resolved in Defendant's favor. The Defendant's other, half-hearted, assertions concerning Plaintiffs’ need for more time are not sufficient to cut off the process at this juncture. Wells Fargo operates as a full-service bank. The Bank accepts deposits, makes loans, issues credit cards, and provides other financial services. A copy of the Court's order dated March 19, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=AG1FXk at no extra charge.[CC] WFS EXPRESS INC: Winiecki Suit Removed to E.D. California --------------------------------------------------------- The case captioned as Robert Winiecki, an individual, on behalf of himself and all others similarly situated v. WFS EXPRESS, INC., a Delaware corporation; and DOES 1 to 50, Case No. 24CV003061 was removed from the Superior Court of the State of California for the County of Sacramento, to the United States District Court for the Eastern District of California on March 25, 2024, and assigned Case No. 2:24-at-00366. The Complaint purports to state causes of action for: "Failure to Pay All Minimum Wages"; "Failure to Pay All Overtime Wages"; "Failure to Provide Rest Periods and Pay Missed Rest Period Premiums"; "Failure to Provide Meal Periods and Pay Missed Meal Period Premiums"; "Failure to Maintain Accurate Employment Records"; "Failure to Pay Wages Timely during Employment"; "Failure to Pay All Wages Earned and Unpaid at Separation"; "Failure to Furnish Accurate Itemized Wage Statements"; and "Violation of California’s Unfair Competition Law.[BN] The Defendants are represented by: James C. Fessenden, Esq. Lauren M. Guggisberg, Esq. FISHER & PHILLIPS LLP 4747 Executive Drive, Suite 1000 San Diego, CA 92121 Phone: (858)597-9600 Facsimile: (858)597-9601 Email: jfessenden@fisherphillips.com lguggisberg@fisherphillips.com - and - Gregory L. Blueford, Esq. FISHER & PHILLIPS LLP 621 Capitol Mall, Suite 1400 Sacramento, CA 95814 Phone: (916)210-0400 Facsimile: (916)210-0401 Email: gblueford@fisherphillips.com WILLIAM PINTAS: Mey Files TCPA Suit in N.D. West Virginia --------------------------------------------------------- A class action lawsuit has been filed against William Pintas, et al. The case is styled as Diana Mey, on behalf of herself and a class of others similarly situated v. William Pintas, P&M Law Firm, LLC, P&M Law Firm (PR), LLC, Reliance Litigation LLC, James Ryder Interactive LLC, Case No. 5:24-cv-00055-JPB (N.D.W. Va., March 19, 2024). The lawsuit is brought over alleged violation of the Telephone Consumer Protection Act for Restrictions of Use of Telephone Equipment. William Pintas leads one of the largest partnering personal injury firms in North America representing tens of thousands of clients.[BN] The Plaintiff is represented by: Andrew C. Robey, Esq. HISSAM FORMAN DONOVAN RITCHIE PLLC 707 Virginia Street, East, Suite 260 Post Office Box 3983 Charleston, WV 25301 Phone: (681) 265-3802 Fax: (304) 982-8056 Email: arobey@hfdrlaw.com - and - Ryan McCune Donovan, Esq. HISSAM FORMAN DONOVAN RITCHIE PLLC PO Box 3983 Charleston, WV 25339 Phone: (681) 265-3802 Email: rdonovan@hfdrlaw.com YANKEE CANDLE: Wilkins APA Suit Removed to E.D. Pennsylvania ------------------------------------------------------------ The case styled as Andrew Wilkins, on behalf of himself and all other similarly situated v. The Yankee Candle Company, Inc., Case No. 23-09545-TT was removed from the Court of Common Pleas of Chester County, to the U.S. District Court for the Eastern District of Pennsylvania on March 22, 2024. The District Court Clerk assigned Case No. 2:24-cv-01240 to the proceeding. The lawsuit is brought over alleged violation of the Americans with Disabilities Act. The Yankee Candle Company, Inc., doing business as Yankee Candle -- http://www.yankeecandle.com/-- is an American manufacturer and retailer of scented candles, candleholders, accessories, and dinnerware.[BN] The Plaintiff appears pro se. The Defendant is represented by: Andrew Addison Mathias, Esq. Konstantine Peter Diamaduros, Esq. MAYNARD NEXSEN 104 South Main Street, Suite 900 Greenville, SC 29601 Phone: (864) 282-1195 Fax: (864) 477-2697 Email: AMathias@maynardnexsen.com KDiamaduros@maynardnexsen.com ZENLEADS INC: Wilhelm Files Placeholder Bid for Class Certification ------------------------------------------------------------------- In the class action lawsuit captioned as MATTHEW WILHELM, an Ohio citizen, individually and as a representative of a class of similarly-situated persons, v. ZENLEADS, INC. d/b/a Apollo.io, a Delaware corporation, Case No. 1:24-cv-00506-BMB (N.D. Ohio), the Plaintiff asks the Court to enter an order granting Plaintiff's "placeholder" motion for class certification to protect against any potential attempt by the Defendant to moot his claims through the tendering of individual relief. The Plaintiff files the motion to prevent a "pick-off" of his claims. The Plaintiff proposes the following class definition: "All current and former Ohio residents who are not subscribers to Apollo's platform and whose name and/or identity are used to market paid subscriptions for Apollo's platform." The proposed class meets the requirements of Rules 23(a), (b)(2), (b)(3), and (g), Wilhelm said. The Plaintiff requests that following discovery and further briefing, the Court certify the class, appoint the Plaintiff as the class representatives, and appoint the Plaintiff's attorneys as class counsel. Zenleads designs and develops software. A copy of the Plaintiff's motion dated March 19, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=CleVkN at no extra charge.[CC] The Plaintiff is represented by: Ryan M. Kelly, Esq. ANDERSON + WANCA 3701 W. Algonquin Rd. Ste 500 Rolling Meadows, IL 60008 Telephone: (847) 368-1500 E-mail: rkelly@andersonwanca.com ZENLEADS INC: Wilhelm Files Suit in N.D. Ohio --------------------------------------------- A class action lawsuit has been filed against Zenleads, Inc. The case is styled as Matthew Wilhelm, individually and as a representative of a class of similarly-situated persons v. Zenleads, Inc. doing business as: Apollo.io, Case No. 1:24-cv-00506-BMB (N.D. Ohio, March 19, 2024). The nature of suit is stated as Other P.I. for Injunctive & Declaratory Relief. Zenleads, Inc. doing business as Apollo.io -- https://www.apollo.io/ -- is a market sales platform that helps accelerate the growth of an organization.[BN] The Plaintiff is represented by: Ryan M. Kelly, Esq. ANDERSON & WANCA 3701 Algonquin Road, Ste. 500 Rolling Meadows, IL 60008 Phone: (847) 368-1500 Fax: (847) 368-1501 Email: rkelly@andersonwanca.com [*] Gordon Rees Sponsors 8th Annual Class Action Conference ----------------------------------------------------------- Gordon Rees Scully Mansukhani, LLP is a sponsor of the Class Action Money & Ethics Conference this May. GRSM, a 1,200+ lawyer firm, is the first and only full-service law firm in the country with offices in all 50 states. See https://www.grsm.com/practices for the firm's diverse practice areas. Join GRSM 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; * Giftogram; * Hook Point; * Levine Law, LLC; * Miller Kaplan Arase LLP; * Parabellum Capital LLC * 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 [*] Miller Kaplan Sponsors 8th Annual Class Action Conference ------------------------------------------------------------- Miller Kaplan Arase LLP is a sponsor of the Class Action Money & Ethics Conference this May. Miller Kaplan -- https://www.millerkaplan.com/ -- is one of the top certified public accounting firms in the United States, providing accounting, audit, business management, tax, and consulting services, with locations in Los Angeles and San Francisco, Calif.; Seattle, Wash.; Denver, Co.; and Hailey, Idaho. Join Miller Kaplan 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; * Giftogram; * Gordon Rees Scully Mansukhani, LLP; * Hook Point; * Levine Law, LLC; * Parabellum Capital LLC * 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 [*] Tremendous Sponsors 8th Annual Class Action Conference ---------------------------------------------------------- Tremendous, a payouts platform, is a sponsor of the Class Action Money & Ethics Conference this May. Tremendous -- https://www.tremendous.com/ -- is a payouts platform that makes it easy for businesses to send money to people. Tremendous offers recipients more than 2,000 choices from its global catalog to get their funds how they want them, anywhere in the world. Thousands of companies, such as Google, Visa, and Harvard, use Tremendous to pay hundreds of millions of dollars in employee gifts, research incentives, referral rewards, and much more. If it isn't payroll, send it with Tremendous. Join Tremendous 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; * Giftogram; * Gordon Rees Scully Mansukhani, LLP; * Hook Point; * Levine Law, LLC; * Miller Kaplan Arase LLP; * Parabellum Capital LLC; and * Simpluris 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 [] Free Webinar on AI, Crypto Class Actions on April 4 ------------------------------------------------------ Beard Group Inc. is hosting a FREE Class Action Webinar on Thurs., April 4th from 1:00-2:30 pm ET! SIGN UP TODAY! The Webinar will cover two of the biggest topics of the year: * The Rise In Artificial Intelligence Class Action Litigations; and * a Behind-The-Scenes Look at the Latest Crypto Class Action Cases The Webinar will be featuring: * Gerald L. Maatman, Jr., Partner at Duane Morris LLP; * Baldo Vinti, Partner at Proskauer Rose LLP; * Jeff Warshafsky, Partner at Proskauer Rose LLP; * Jennifer Yang, Senior Counsel at Proskauer Rose LLP; * Candace Smith, Of Counsel at Herman Jones; and * Lauren Humphries, Counsel at Buchanan Ingersol & Rooney PC Register for FREE here https://lnkd.in/dZ7vTsCX This complimentary Webinar is a run-up to the Class Action Money & Ethics Conference on May 6th at the Harmonie Club in Manhattan. 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