/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/240404.mbx C L A S S A C T I O N R E P O R T E R Thursday, April 4, 2024, Vol. 26, No. 69 Headlines 4 GUYS REALTY: Gomez Sues Over Labor Law Breaches ABC PHONES: Alkarkhi Suit Removed to C.D. California AETNA LIFE: Appeals Class Cert. Order in Howard Suit to 9th Cir. ALCHEMEE LLC: Heermann et al. Sue Over Consumer Fraud ALLIANCE SOLUTIONS: Perry Files Suit in N.D. Ohio AMAZON.COM SERVICES: Milkes Suit Removed to N.D. Illinois AMERICAN EXPRESS: 5-Star General et al. Sue Over Unlawful Card Rule ANZ BANK: Settles Credit Card Class Action for $37.4MM APPLE INC: Faces Class Action Over Alleged App Store Monopoly ARMADA PROTECTIVE: Del Rio Files Suit in Cal. Super. Ct. ASR GROUP: Faces Antritrust Lawsuit Over Price-Fixing Conspiracy B. RILEY FINANCIAL: KL Kamholz Sues Over Misleading Statements BANG ME BAKERY: Fails to Pay Proper OT Wages, Flores Says BANNER HEALTH: Kelly Suit Removed to E.D. California BAYER CORP: Perez-Hernandez Suit Transferred to N.D. California BAYER HERITAGE: Millikens Seek Damages Over Data Breach BBBB BONDING: Benton Files Suit in Cal. Super. Ct. BEMKA CORP: Karim Files ADA Suit in S.D. New York BIRD HOUSE GROUP: Erkan Files ADA Suit in E.D. New York BISSELL HOMECARE: Faces Hoek Suit Over Labor Law Violations BLST OPERATING COMPANY: Robinson Files FCRA Suit in N.D. California BRIDGESTONE RETAIL: Consentino Sues for Deceptive Trade Practices CAPITAL COMMUNITY: Budet Sues Over Debt Collection Practices CARL’S JR RESTAURANTS: Faces Cohen Suit Over Privacy Violations CARVANA MOTOR: Judge Denies Motion to Dismiss Fraud Class Suit CASA COLLECTION: Anderson Files ADA Suit in E.D. New York CAVIAR & CAVIAR: Liz Files ADA Suit in S.D. New York CHANGE HEALTHCARE: Faces Luxe Dental Over Alleged Data Breach CHANGE HEALTHCARE: Mt. Rainier Seek Damages for Data Breach CHANGE HEALTHCARE: O’Bradovich Sues Over Data Breach CHANGE HEALTHCARE: Shelor Sues Over Failure to Safeguard Data CHARLOTTE'S WEB: Jurdi Suit Removed to C.D. California CHEMOURS COMPANY: Taylor Sues Over Misleading Statements CHENE GEAR CO: Sookul Files ADA Suit in S.D. New York CHUG A LUG: Fails to Pay Proper OT Wages, Echeveste Suit Alleges CITIBANK NA: Faces Class Action Suit Over Fees for Returned Checks CITRIX SYSTEMS: Birnie Files Suit in E.D. Pennsylvania CITRIX SYSTEMS: Wiley Seeks Damages Over Alleged Data Breach COLUMBUS, OH: Seeks Dismissal in Data Privacy Class Action Suit COMMUNICATION FEDERAL: Gardiner Files Suit in Okla. Dist. Ct. CONTINENTAL AG: Doherty Alleges Antritrust Law Breaches CONTINENTAL AG: Earls et al. Suit Alleges Antitrust Violations COTTON ON USA: Wilkins Suit Removed to E.D. Pennsylvania CRAFT AXE THROWING: Thompson TCPA Suit Removed to D. South Carolina CROWN LABORATORIES: Del Toro Balks at Acne Treatment Products' Ads CULTURAL CARE: Appeals Arbitration Bid Denial in Posada FLSA Suit CURRANT ROLL SHOP: Erkan Files ADA Suit in E.D. New York DAILY WIRE: Discloses Personal Info to Facebook, Wade Suit Says DANONE WATERS: Dotson Suit Removed to C.D. California DAYTON-PHOENIX GROUP: Peters Sues Over Machine Operators' Unpaid OT DELAWARE COUNTY, PA: Johnson Sues Over First Amendment Violations DIDI GLOBAL: Court Denies Dismissal Bid in Securities Class Suit DOLLAR TREE INC: Garcia Suit Transferred to D. Maryland DP DREAM PAIRS: Sookul Files ADA Suit in S.D. New York DRAY STAFF INC: Miranda Sues Over Failure to Pay Minimum Wages DRIL-QUIP INC: Steamfitters Sues Over Breach of Fiduciary Duties DSV AIR: Fails to Pay Proper Wages, Chan Suit Alleges DUKE UNIVERSITY: Appeals Denied Dismissal Bid in Franklin Suit EASTERN RADIOLOGISTS: Jones et al. Seek Damages Over Data Breach ELECTRIC FETUS: Beauchamp Files ADA Suit in S.D. New York ERIE BASIN: Erkan Files ADA Suit in E.D. New York ESHAVE LLC: Liz Files ADA Suit in S.D. New York ESSENCE DE BEAUT: Erkan Files ADA Suit in E.D. New York EVOLV TECHNOLOGIES: Raby Sues Over Exchange Act Violation FERRARI NA: Nechev Sues Over Defective Brake System of Vehicles FIDELITY NATIONAL: Tillis Suit Transferred to M.D. Florida FIT FOODS: Mencia-Montes Balks at Mislabeled Whey Protein Products FODERA GUITAR: Beauchamp Files ADA Suit in S.D. New York FOOD LION: Jura Seeks Damages Over Deceptive Product Labeling FOOTWEAR UNLIMITED: Sookul Files ADA Suit in S.D. New York FREEDOM FROM PAIN: Blalock Files TCPA Suit in W.D. Oklahoma FRESENIUS MEDICAL: Court Denies Dismissal Bid in Unpaid Wages Suit FRESENIUS VASCULAR CARE: Banks Files Suit in E.D. Pennsylvania FTS USA LLC: Monroe Suit Transferred to M.D. Pennsylvania G8 EDUCATION: Settles Shareholder Class Action for $46.5-Million GABOR SMATKO: Makuc Files Suit in D. Arizona GALDERMA LABORATORIES: Williams Sues Over Sale of Unsafe Acne Cream GATE CITY BANK: Churlik Appeals Case Dismissal to 8th Circuit GEICO: Seeks to File Class Cert Opposition Under Seal GEN DIGITAL INC: Cordon Suit Removed to C.D. California GERSON LEHRMAN: Hansen Files Suit in S.D. New York GERSON LEHRMAN: Whelan Sues Over Cyberattack and Data Breach GLOBALTRANZ ENTERPRISES: Melin Seeks Overtime Pay Under FLSA GRBAC ENTERPRISES: Faces Garcia and Raftery Wage & Hour Suit GREAT AMERICAN: Freeman Sues Over Unpaid Wages, Illegal Tip Credit GREENSBORO COLLEGE: Hedgecock Seeks Damages Over Data Breach GREENSBORO COLLEGE: Stewart Sues Over Private Data Breach GREENVINE INSURANCE: Ramsay Files TCPA Suit in N.D. Georgia GROUND EFFECTS: Fails to Pay Proper Wages, Jordan Suit Alleges GUNDERSEN LUTHERAN: Appeals Remand Order in Doe Suit to 7th Cir. HB USA HOLDINGS: Thorne Sues Over Blind-Inaccessible Website HEALTHCARE SOLUTIONS: UHG Files Bid to Quash Subpoena HEALTHINSURANCE.COM: Santana Sues Over WARN Act Violation HEALTHTRUST WORKFORCE: Gaskin Sues Over Discrimination, Retaliation HELPING HANDS: Jordan Brings Claim for Labor Law Violations HILCO REDEVELOPMENT: April 11 Deadline Set for Claims Filing HOME DEPOT: Liu Suit Seeks Class Settlement Prelim. Approval HOMESITE INSURANCE: Kuffel Sues Over Debt Collection Practices HONDA MOTOR: Class Cert Bid Filing in Spencer Extended to June 28 HOWI INC: Liz Files ADA Suit in S.D. New York ICEBERG LEARNING WEST: Walz Sues Over Unpaid Overtime Wages IDS PROPERTY: MSPA Class Suit Remanded to Florida Court IKEA US: Faces Class Suit Over Misrepresented Daybeds' Materials ILLINOIS TOOL: Settlement Deal in Dufy Suit Gets Final Nod ILLINOIS: Bid for Class Certification in Kainz Due Dec. 8 ILLUMINA INC: Icahn Brings Appeal to Del. Sup. Ct. INCOMM FINANCIAL: Hearing on Summary Judgment Bid Set for June 10 INDIANA: Sparger-Withers Appeals Court Order in Civil Rights Suit INSURANCE PIPELINE: Finke Files TCPA Suit in N.D. Georgia INTEGRITY VEHICLE: Faces Kotlarsz Suit Over Unsolicited Calls INTERCONTINENTAL HOTELS: Atkinson Suit Removed to E.D. Wisconsin IOVATE HEALTH SCIENCES: Wong Sues Over False and Misleading Labels IQVIA INC: Fischbein Seeks to Certify Rule 23 Class Action IQVIA INC: Fischbein Seeks to File Memo and Exhibits Under Seal ISAAC OUAZANA: Seeks Leave to File Sur-Reply Memorandum ISAAC OUAZANA: Seeks to Strike Plaintiffs' Class Cert Affidavits ISLAND HOSPITALITY: Garcia Suit Removed to C.D. California J&C AMBULANCE: Plaintiffs Seek More Time to File Class Cert Reply J. MENDEL INC: Erkan Files ADA Suit in E.D. New York JAB EXPRESS: Class Cert. Bid Filing in Snide Due July 8 JAMO 31 INC: Kim Seeks Damages for Labor Law Violations JAPPAREL INC: Erkan Files ADA Suit in E.D. New York JENNIE'S KITCHEN: Faces Lopez et al. Suit Over Labor Law Breaches JLM DECORATING: Court Certifies NYLL Class in Martinez Lawsuit JUSTWORKS INC: Hackshaw Sues Over Worker Misclassification K&C EXECUTIVE: Wall Must File Class Cert Bid by April 29 KALA BRAND MUSIC: Beauchamp Files ADA Suit in S.D. New York KEMPER CORP: Hill & De Jesus Seek Damages Over WARN Act Violations KITCHEN CLIQUE: Erkan Files ADA Suit in E.D. New York KNIGHT-SWIFT TRANSPORTATION: Class Cert Bid Filing Due April 8 LABORATORY CORPORATION: Class Cert Reply Reset to April 10 LDI MECHANICAL INC: Hernandez Files Suit in Cal. Super. Ct. LEGACY HEALTH: Hunter Can File First Amended Complaint LEVEL 3 COMM: Court Tosses Bid to Certify Class w/o Prejudice LIFECORE BIOMEDICAL: Johnson Fistel Investigates Securities Claim LINCARE HOLDINGS: Morris Seeks to Extend Class Cert. Deadline LIVE NATION: Faces Several Class Suits in Canada LOANDEPOT.COM LLC: Bid Leave to File Oversize Class Cert Memo OK'd LOS ANGELES TIMES: Mirmalek Suit Removed to N.D. California LOVEVERY INC: Ramirez Sues Over Data Privacy Violations LUMINAR TECHNOLOGIES: Smith Alleges Breach of Fiduciary Duty LX HAUSYS AMERICA: Torres Sues Over Fraud and Discrimination M&T BANK: Seeks Leave to Oppose Plaintiffs' Renewed Class Cert Bid M.A.C. COSMETICS: Bid to Extend Class Cert Deadlines Tossed MACEOO LLC: Sookul Files ADA Suit in S.D. New York MADE IN MEXICO UPTOWN: Oropeza Sues Over Unpaid Overtime Wage MADWIRE LLC: Kelly FLSA & FMLA Suit Removed to D. Colorado MANGWA INVESTMENTS: Mello Files Suit in Mass. Super. Ct. MCE AUTOMOTIVE: Mboh Suit Removed to D. South Carolina MEDICAL MANAGEMENT: Anderson Files Suit in D. Arizona MEDICAL MANAGEMENT: Pelt and Pelt Sue Over Unprotected Private Info MEDQ INC: Everett Files Suit in E.D. Texas MERITAS HEALTH: Ballard Suit Transferred to E.D. New York MIHON CORP: Keegan Balks at Mislabeled Male Enhancement Supplements MINNESOTA: Agrees to Settle Property Forfeiture Suit for $109-MM MINNESOTA: Dalen Appeals Case Dismissal to 8th Cir. MINNESOTA: Settles Property Forfeiture Class Suit for $109M MOLSON COORS: Court Directs Parties to Confer Class Cert. Deadlines NEW WORLD: Breedlove et al. Sue Over Apartment Mismanagement NEW YORK DRESS: Erkan Files ADA Suit in E.D. New York NEW YORK, NY: Plaintiffs Seek to Certify Class & Subclass NICE GUYS: Fails to Pay Proper Wages, Cabrera Alleges NORDICTRACK INC: Barclay Bid to Strike Pleading OK'd NORTH STAR INSURANCE: Friel Files TCPA Suit in M.D. Pennsylvania NORTHEAST WORK: Obermeier Conditional Cert Bid Granted in Part OFFICE DEPOT: Yount Suit Removed to W.D. Washington PEET'S COFFEE: Munoz et al. Sue Over Discriminatory Surcharges PETROPLEX ACIDIZING: Appeals Court Order in Dahl Suit to 10th Cir. PHILIP MORRIS: Kelly Sues Over Nicotine-Based Products' False Ads PODIUM CORP: Fails to Pay Overtime Wages, Hawthorne et al. Allege PRUCO LIFE INSURANCE: Faces California Advocates Class Suit PUBLIC PARTNERSHIPS: Quitero FLSA Suit Removed to S.D. Florida QUALITY INSTALLATIONS: Wilk Conditional Cert Bid Partly OK'd REDWIRE CORP: Continues to Defend Exchange Act Class Suit REDWIRE CORP: Court Extends Class Certification Deadlines REDWIRE CORP: Parties Seek More Time for Class Cert Response REPUBLIC SERVICES: Plaintiffs Seek to Certify 2 Classes SAMUEL SON & CO: Henderson Labor Suit Removed to C.D. California SECURITY ENFORCEMENT: Herrera Seeks Security Guards' Unpaid Wages SEWON AMERICA: Heredia & Mondragon Sue Over Unfair Work Conditions SIKA CORP: Jon Tate et al. Sue Over Price Fixing of CCAs SINCLAIR INC: Discloses Personal Info Third Parties, Hyman Claims SOLAREDGE TECHNOLOGIES: Hirani Alleges Breach of Fiduciary Duties STATE FARM: Chadwick Wins Bid for Class Certification SYMBRIA INC: Employee Stock Plan Class Suit Goes Trial T&T FARMS: Porter Seeks to Certify Class of Drivers THOMPSON MATCHBOX: Cosham Sues Over Servers' Unpaid Wages TRANS UNION: Faces Reyes Suit Over FCRA Violations TUBI INC: Appeals Arbitration Bid Denial in VPPA Suit to 7th Cir. UNITED AIRLINES: Fails to Pay Proper Wages, Ogboroge Suit Claims UNITED STATES: Fogg Sues for Racial Discrimination in Employment UNITED STATES: Rodriguez et al. Seek Humanitarian Parole UNITED SUGAR: WNT LLC Sues Over Inflated Granulated Sugar Prices VERIZON COMMUNICATIONS: April 15 Deadline Set for Claims Filing WALGREENS BOOTS: Faces Pemberton Suit Over Consumer Fraud WALTON COUNTY, FL: Tancredi Sues Over Unlawful Property Taking WELLS FARGO: Nowlin et al. Seek Damages Over SCRA Violations [*] Free Webinar on AI, Crypto Class Actions Today [*] Levine Law Sponsors 8th Annual Class Action Conference [^] ATTICUS Sponsors 8th Annual Class Action Conference [^] Broadridge Sponsors 8th Annual Class Action Conference ********* 4 GUYS REALTY: Gomez Sues Over Labor Law Breaches ------------------------------------------------- JAVIER SOTO GOMEZ, individually and on behalf of others similarly situated, Plaintiff v. 4 GUYS REALTY, INC. (D/B/A GRILL ZONE), FARES KASSIM YAFAI, MANSOOR KASSIM SHAIBI, and AISHA NASER SALEH, Defendants, Case No. 1:24-cv-01972 (E.D.N.Y., March 18, 2024) accuses the Defendants of violating the Fair Labor Standards Act and the New York Labor Law. Plaintiff Gomez was employed as s stocker, cook, and cleaner at Defendants' deli. He worked for Defendants in excess of 40 hours per week, without appropriate overtime and spread of hours compensation for the hours that he worked. Rather, Defendants failed to maintain accurate recordkeeping of the hours worked and failed to pay Plaintiff Soto appropriately for any hours worked, either at the straight rate of pay or for any additional overtime premium. The 4 Guys Realty, Inc. owns and operates a deli, located at 54 Avenue C, New York, NY 10009, and after September 2018, relocated to 5418 New Utrecht Avenue, Brooklyn, NY 11219, under the name "Grill Zone." [BN] The Plaintiff is represented by: Catalina Sojo, Esq. CSM LEGAL, P.C. 60 East 42nd Street, Suite 4510 New York, NY 10165 Telephone: (212) 317-1200 Facsimile: (212) 317-1620 ABC PHONES: Alkarkhi Suit Removed to C.D. California ---------------------------------------------------- The case captioned as Mustafa Alkarkhi, on behalf of himself and all others similarly situated, v. ABC PHONES OF NORTH CAROLINA, INC., a North Carolina Corporation, and DOES 1 through 50, inclusive, Case No. CVRI2400933 was removed from the Superior Court in the State of California, County of Riverside, to the United States District Court for the Central District of California on March 25, 2024, and assigned Case No. 5:24-cv-00625. In his Complaint, Plaintiff alleged claims for: Failure to Pay All Overtime Wages, Meal Period Violations, Rest Period Violations, Failure to Pay All Sick Time, Wage Statement Violations, Waiting Time Penalties, and Unfair Competition.[BN] The Defendants are represented by: Robert L. Shipley, Esq. Brandon S. Gray, Esq. ROBERT L. SHIPLEY, APLC 2784 Gateway Road, Suite 104 Carlsbad, CA 92009 Phone: 1.760.438.5199 Email: rshipley@shipleylaw.com bgray@shipleylaw.com AETNA LIFE: Appeals Class Cert. Order in Howard Suit to 9th Cir. ---------------------------------------------------------------- AETNA LIFE INSURANCE COMPANY is taking an appeal from a court order granting the Plaintiff's motion to certify class in the lawsuit entitled Andrew Howard, individually and on behalf of all others similarly situated, Plaintiff, v. Aetna Life Insurance Company, Defendant, Case No. 2:22-cv-01505, in the U.S. District Court for the Central District of California. As previously reported in the Class Action Reporter, the lawsuit is brought pursuant to the Employee Retirement Income Security Act of 1974 arising from the Defendant's systemic practice of denying services for lumbar artificial disc replacement surgery (L-ADR) on the basis that such services are "experimental and investigational." On Dec. 11, 2023, the Plaintiff filed a motion to certify class, which the Defendant opposed on Dec. 18, 2023. The Defendant also filed unopposed application for leave to file portions of opposition to the Plaintiff's motion to certify class action and supporting exhibits under seal. On Dec. 19, 2023, the Court granted the Defendant's unopposed application for leave to file portions of opposition to the Plaintiff's motion to certify class action and supporting exhibits under seal. On Jan. 29, 2024, the Plaintiff filed a renewed notice of motion and motion to certify class, which the Court granted through an Order entered by Judge Cormac J. Carney on Feb. 27, 2024. Plaintiff Andrew Howard was appointed as Class Representatives and his counsel, Gianelli & Morris, was appointed as Class Counsel. The appellate case is captioned Howard v. Aetna Life Insurance Company, Case No. 24-1481, in the United States Court of Appeals for the Ninth Circuit, filed on March 13, 2024. [BN] ALCHEMEE LLC: Heermann et al. Sue Over Consumer Fraud ----------------------------------------------------- JAMIE HEERMANN, BIANCA JACKSON, and COLE SCROGGS, Individually, and on behalf of all others similarly situated v. ALCHEMEE, LLC; TARO PHARMACEUTICALS U.S.A, INC., TARO PHARMACEUTICALS INDUSTRIES, LTD, and RB HEALTH (US) LLC, Case No. 4:24-cv-00195BCW (W.D. Mo., March 19, 2024) accuses the Defendants of engaging in unlawful, unfair, and/or fraudulent business practices. The Plaintiffs bring this class action over Defendants' manufacturing, distribution, advertising, marketing, and sale of Proactiv Cream1 and Clearasil Cream2 benzoyl peroxide products (BPO Products) that contain dangerously high levels of benzene, a carcinogen that has been linked to leukemia and other blood cancers. Plaintiffs and Class members purchased the BPO Products without knowing that they contained benzene as Defendants did not include benzene on the labels or warn consumers about its presence. The Plaintiffs allege that Defendants engaged in fraudulent, unfair, deceptive, misleading, and/or unlawful conduct from their misrepresentations and omissions regarding the presence of benzene in their BPO Products. The Plaintiffs seek relief and damages for Defendants' violation of the Missouri Merchandising Practices Act, fraud by omission/concealment, negligent misrepresentation, and unjust enrichment. Alchemee LLC is a manufacturer of skin care products headquartered in Hawthorne, NY. [BN] The Plaintiffs are represented by: Thomas P. Cartmell, Esq. Melody R. Dickson, Esq. WAGSTAFF & CARTMELL LLP 4740 Grand Avenue, Suite 300 Kansas City, MO 64112 Telephone: (816) 701-1100 Facsimile: (816) 531-2372 E-mail: tcartmell@wcllp.com mdickson@wcllp.com ALLIANCE SOLUTIONS: Perry Files Suit in N.D. Ohio ------------------------------------------------- A class action lawsuit has been filed against Alliance Solutions Group, LLC. The case is styled as Charles Leland Perry, III, on behalf of himself individually and on behalf of all others similarly situated v. Alliance Solutions Group, LLC doing business as: TalentLaunch, Case No. 1:24-cv-00535-DAP (N.D. Ohio, March 22, 2024). The nature of suit is stated as Other Personal Property for Property Damage. Alliance Solutions Group, LLC doing business as TalentLaunch -- https://mytalentlaunch.com/ -- is a nationwide network of independently-operated staffing and recruitment firms.[BN] The Plaintiff is represented by: Terence Coates, Esq. MARKOVITS STOCK & DEMARCO LLC 119 E Court Street Ste., 530 Cincinnati, OH 45202 Phone: (513) 651-3700 Fax: (513) 665-0219 Email: tcoates@msdlegal.com AMAZON.COM SERVICES: Milkes Suit Removed to N.D. Illinois --------------------------------------------------------- The case captioned as Michael Milkes, Shari C. White, individually and on behalf of all others similarly situated v. AMAZON.COM SERVICES LLC, a foreign corporation, Case No. 2024-CH-00923 was removed from the Circuit Court of Cook County, Illinois, County Department, Chancery Division, to the United States District Court for the Northern District of Illinois on March 21, 2024, and assigned Case No. 1:24-cv-02337. In the Complaint, Plaintiffs seek damages, injunctive relief, reasonable litigation expenses, attorneys' fees, and other relief individually and on behalf of a class of similarly situated Illinois consumers based on allegations that Amazon violated the Illinois Consumer Fraud and Deceptive Practices Act ("ICFA") when it added advertisements to its Prime Video streaming service, which was previously ad-free for Amazon Prime members.[BN] The Defendants are represented by: Elizabeth B. Herrington, Esq. Alborz Hassani, Esq. MORGAN, LEWIS & BOCKIUS LLP 110 North Wacker Drive, Suite 2800 Chicago, IL 60606-1511 Phone: (312) 324-1445 Fax: (312) 324-1001 Email: beth.herrington@morganlewis.com al.hassani@morganlewis.com - and - Brian D. Buckley, Esq. FENWICK & WEST LLP 401 Union Street, 5th Floor Seattle, WA 98101 Phone: 206.389.4510 Facsimile: 206.389.4511 Email: bbuckley@fenwick.com AMERICAN EXPRESS: 5-Star General et al. Sue Over Unlawful Card Rule ------------------------------------------------------------------- 5-STAR GENERAL STORE aka BENTO LLC, MARC ALLEN, INC., FAST FORWARD MEDIA, INC., MEZE LLC, KENNEDY'S IRISH PUB INC., CARDEN, INC., FRENCH FLORIST, LLC, LUXE FURNITURE, INC., LUNA'S HOSPITALITY GROUP, LLC, and THE GENT'S PLACE MEN'S FINE GROOMING LLC, on behalf of themselves and others similarly situated, Plaintiffs v. AMERICAN EXPRESS COMPANY and AMERICAN EXPRESS TRAVEL RELATED SERVICES CO. INC., Defendants, Case No. 1:24-cv-00106 (D.R.I., March 21, 2024) seeks injunctive and declaratory relief against American Express (Amex) on behalf of a class consisting of 5,155 merchants as to whom Amex has waived the right to compel arbitration. The Plaintiffs bring this action as a class action to restrain Amex's ongoing unlawful practices and to obtain a judicial declaration establishing Amex's liability and enabling class members to prosecute their claims for compensation in separate proceedings before courts and/or arbitral bodies of competent jurisdiction. Allegedly, Amex has implemented rules that prohibit U.S. merchants from using discounts, surcharges, verbal prompting, signage, and other techniques to incentivize shoppers to use cheaper payment cards, says the suit. Headquartered in New York, NY, American Express Company is a bank holding company and multinational financial services company. Its wholly owned subsidiary, American Express Travel Related Services Company, Inc., is generally responsible for all aspects of the payment card business conducted under the American Express brand, including the operation of the American Express network. [BN] The Plaintiffs are represented by: Anthony Leone, Esq. LEONE LAW LLC 1345 Jefferson Blvd. Warwick, Rhode Island 02886 Telephone: (401) 921-6684 E-mail: aleone@leonelawllc.com - and - Deepak Gupta, Esq. Eric F. Citron, Esq. Thomas Scott-Railton, Esq. GUPTA WESSLER PLLC 2001 K Street, NW North Tower, Suite 850 Washington, DC 20006 Telephone: (202) 888-1741 E-mail: deepak@guptawessler.com thomas@guptawessler.com - and - Scott C. Harris, Esq. Dan K. Bryson, Esq. MILBERG COLEMAN PHILLIPS BRYSON GROSSMAN PLLC 900 West Morgan Street Raleigh, NC 27603 Telephone: (919) 600-5000 E-mail: sharris@milberg.com - and - Peggy J. Wedgworth, Esq. MILBERG COLEMAN PHILLIPS BRYSON GROSSMAN PLLC 405 East 50th Street New York, NY 10020 Telephone: (212) 594-5300 E-mail: pwedgworth@milberg.com - and - Tracey Kitzman, Esq. SONG P.C. 26 Broadway, 8th Floor New York, NY 10004 Telephone: (212) 599-0700 E-mail: tkitzman@song.law - and - Robert W. Cohen, Esq. LAW OFFICES OF ROBERT W. COHEN, P.C. 1901 Avenue of the Stars, Suite 1901 Los Angeles, CA 90067 Telephone: (310) 282-7586 Facsimile: (310) 282-7589 E-mail: rwc@robertwcohenlaw.com ANZ BANK: Settles Credit Card Class Action for $37.4MM ------------------------------------------------------ Himanshi Akhand, writing for wtvbam.com, reports that Australia's ANZ Group said it had agreed to settle a class action suit related to interest charged on personal credit cards for A$57.5 million ($37.44 million). The settlement is without admission of liability and remains subject to court approval, ANZ said in a statement. The class action was brought against the lender by law firm Phi Finney McDonald in 2021. The lawsuit alleged "unfair contract terms and unconscionable conduct" by the bank in charging interest between July 2010 and January 2019 on credit card purchases that should have been interest free. ($1 = 1.5356 Australian dollars) [GN] APPLE INC: Faces Class Action Over Alleged App Store Monopoly ------------------------------------------------------------- Malcolm Owen, writing for appleinsider.com, reports that A day after the US Department of Justice filed its omnibus antitrust lawsuit against Apple, consumers filed a trio of class-action lawsuits for allegedly monopolizing the smartphone market. On March 20, the U.S. Department of Justice unleashed its lawsuit against Apple, following a five-year antitrust investigation into the iPhone maker's business practices. Mere days later, lawsuits are attempting to jump on the anti-Apple bandwagon. At least three attempted class-action lawsuits have been filed in California and New Jersey since the DoJ's own lawsuit, reports Reuters. Filed in federal courts, the lawsuits accuse Apple of violating antitrust laws, and fundamentally costing consumers money. It is alleged in the suits that Apple suppressed technologies for messaging apps, wallets, and similar functions and features. If it had made them more open, Apple could've increased competition in the smartphone market. As a byproduct of Apple's supposed anti-competitive activity, Apple allegedly allowed the cost of products and services to inflate. Apple did not respond to the report's request for comment. Hagens Berman Sobol Shapiro, a law firm behind one of the new suits, claimed it was "pleased that the DOJ agrees with our approach." The firm previously sued Apple over anti-competitive behavior over its mobile wallet, and previously reached settlements with Apple over App Store policies and eBook pricing. The three lawsuit, as well as the DoJ's own legal action, follow behind other lawsuits against Apple over anticompetitiveness. In February, one accusing Apple of using its App Store to keep prices high was granted class-action status. [GN] ARMADA PROTECTIVE: Del Rio Files Suit in Cal. Super. Ct. -------------------------------------------------------- A class action lawsuit has been filed against Armada Protective Services Inc., et al. The case is styled as Alfonso Del Rio, an individual and on behalf of all others similarly situated v. Armada Protective Services Inc., Does 1 Through 50, Case No. CGC24613352 (Cal. Super. Ct., San Francisco Cty., March 25, 2024). The case type is stated "Other Non-Exempt Complaints (Minimum Wage Violations; Overtime Wage Violations; Meal Period Violation; Rest Period Violations; Wage Statement Penalties; Waiting Time Penalties)." Armada Protective Services (Armada Security) -- https://armadasecurity.com/ -- is rated as the best security company in San Francisco.[BN] The Plaintiff is represented by: William C. Sung, Esq. Justice for Workers, P.C. 600 Wilshire Blvd., Ste. 1815 Los Angeles, CA 90010-2622 Phone: 323-922-2000 Email: william@justiceforworkers.com ASR GROUP: Faces Antritrust Lawsuit Over Price-Fixing Conspiracy ---------------------------------------------------------------- QUARTERBACK CLUB and GLADYS' RESTAURANT, LLC d/b/a GLADYS', a Mississippi corporation, individually and on behalf of all others similarly situated, Plaintiff 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, CARGILL, INC., COMMODITY INFORMATION, INC., and RICHARD WISTISEN, Defendants, Case No. 0:24-cv-01017 (D. Minn., March 21, 2024) arises under the Sherman Antitrust Act and the Clayton Act. Plaintiffs seek treble damages, injunctive relief, and other relief pursuant to the federal antitrust laws. Allegedly, the Defendants and their co-conspirators conspired to artificially inflate the price of granulated sugar in the United States. To implement their price-fixing conspiracy, Defendants exchanged detailed, competitively sensitive, non-public information about granulated sugar prices, capacity, sales volume, supply, and demand. As a result of Defendants' unlawful agreement, commercial indirect purchasers of granulated sugar in the United States and its territories, including Plaintiff and the Class members, paid supra-competitive prices for granulated sugar sold by Defendants in the United States and its territories beginning no later than January 1, 2019, and running through the present, says the suit. Based in West Palm Beach, FL, ASR Group International, Inc. is a privately held Florida corporation and global producer and seller of Granulated Sugar. In North America, the company owns and operates six sugar refineries, located in New York, California, Maryland, Louisiana, Canada and Mexico. [BN] The Plaintiffs are represented by: Jon A. Tostrud, Esq. Anthony M. Carter, Esq. TOSTRUD LAW GROUP, P.C. 1925 Century Park East, Suite 2100 Los Angeles, CA 90067 Telephone: (310) 278-2600 Facsimile: (310) 278-2640 E-mail: jtostrud@tostrudlaw.com acarter@tostrudlaw.com - and - Don Barrett, Esq. Sarah Sterling Aldridge, Esq. Katherine Barrett Riley, Esq. BARRETT LAW GROUP, P.A. P.O. Box 927 404 Court Square North Lexington, MS 39095-0927 Telephone: (662) 834-9168 Facsimile: (662) 834-2628 E-mail: donbarrettpa@gmail.com saldridge@barrettlawgroup.com kbriley@barrettlawgroup.com - and - J. Barton Goplerud, Esq. SHINDLER, ANDERSON, GOPLERUD & WEESE, P.C. 5015 Grand Ridge Drive Suite 100 West Des Moines, IA 50265 Telephone: (515) 223-4567 E-mail: goplerud@sagwlaw.com marty@sagwlaw.com B. RILEY FINANCIAL: KL Kamholz Sues Over Misleading Statements -------------------------------------------------------------- THE KL KAMHOLZ JOINT REVOCABLE TRUST, individually and on behalf of all others similarly situated, Plaintiff v. B. RILEY FINANCIAL, INC., BRYANT RILEY, TOM KELLEHER, and PHILLIP J. AHN, Defendants, Case No. 2:24-cv-02121 (C.D. Cal., March 15, 2024) arises from the Defendants' materially false and/or misleading statements about the B. Riley's business, operations, and prospects in violation of the Securities Exchange Act of 1934. This is a federal securities class action on behalf of persons and entities that purchased or otherwise acquired B. Riley securities between February 28, 2022 and November 9, 2023, inclusive Among other things, the Plaintiff alleges that Defendants failed to disclose to investors that one the company's client, Brian Kahn, the Chief Executive Officer of Franchise Group, Inc. f/k/a Liberty Tax, was engaged in illicit business activities and that Kahn had been credibly implicated in a conspiracy to defraud investors of millions of dollars. Headquartered in Los Angeles, CA, B. Riley is a financial services platform. The company, through its subsidiaries, provides services including investment banking, brokerage, wealth management, asset management, direct lending, business advisory, valuation, and asset disposition. The company's common stock and 6% Senior Notes trade in an efficient market on the NASDAQ exchange under the ticker symbols "RILY" and "RILYT", respectively. [BN] The Plaintiff is represented by: Jennifer Pafiti, Esq. POMERANTZ LLP 1100 Glendon Avenue, 15th Floor Los Angeles, CA 90024 Telephone: (310) 405-7190 E-mail: jpafiti@pomlaw.com - and - Joshua E. Fruchter, Esq. WOHL & FRUCHTER LLP 25 Robert Pitt Drive, Suite 209G Monsey, NY 10952 Telephone: (845) 290-6818 Facsimile: (718) 504-3773 E-mail: jfruchter@wohlfruchter.com BANG ME BAKERY: Fails to Pay Proper OT Wages, Flores Says --------------------------------------------------------- DARNY FLORES, and all other similarly situated employees of Defendants, Plaintiffs v. BANG ME BAKERY LLC d/b/a BANG COOKIES, and GEORGE KUAN, individually, Defendants, Case No. 2:24-cv-03791 (D.N.J., March 18, 2024) seeks recovery against the Defendants for their violations of the Fair Labor Standards Act, the New Jersey State Wage and Hour Law, and the New Jersey Wage Payment Law. Plaintiff Flores was employed by the Defendants beginning in approximately 2015 and continuing through February 2024 as a baker in furtherance of the Defendants' cookie business. The Plaintiff generally worked approximately 66 hours per workweek. Regardless of the number of hours that Plaintiff worked each week in excess of 40, the Defendants improperly paid Plaintiff and did not pay her at the overtime rate of pay. The Plaintiff seeks to recover overtime compensation that Plaintiff and similarly situated employees were deprived of, overtime wages, liquidated damages, attorneys' fees, and costs. Bang Me Bakery is a New Jersey limited liability company that produces organic and natural cookies. [BN] The Plaintiff is represented by: Andrew I. Glenn, Esq. Jodi J. Jaffe, Esq. JAFFE GLENN LAW GROUP, P.A. 300 Carnegie Center, Suite 150 Princeton, NJ 08540 Telephone: (201) 687-9977 Facsimile: (201) 595-0308 E-mail: aglenn@jaffeglenn.com jjaffe@jaffeglenn.com BANNER HEALTH: Kelly Suit Removed to E.D. California ---------------------------------------------------- The case captioned as Vincent Kelly, on behalf of himself and all others similarly situated, and the general public v. BANNER HEALTH, an Arizona corporation; BH CORPORATE OFFICE, a business entity of unknown form; and DOES 1 through 50, inclusive, Case No. 2024-CV-0076552 was removed from the Superior Court of California for the County of Lassen, to the United States District Court for the Eastern District of California on March 22, 2024, and assigned Case No. 2:24-at-00358. The Complaint asserts the following causes of action: Failure to Provide Meal Periods; Failure to Provide Rest Periods; Failure to Pay Hourly Wages and Overtime; Failure to Pay Proper Sick Pay; Failure to Provide Accurate Written Wage Statements; Failure to Timely Pay All Final Wages; Failure to Indemnify; Unfair Competition.[BN] The Defendants are represented by: Timothy J. Long, Esq. GREENBERG TRAURIG, LLP 400 Capitol Mall, Ste. 2400 Sacramento, CA 95814 Phone: 916-442-1111 Email: LongT@gtlaw.com BAYER CORP: Perez-Hernandez Suit Transferred to N.D. California --------------------------------------------------------------- The case styled as Jonas Perez-Hernandez, Isabel Paz-Hernandez, Moises Perez-Paz, Allison Perez-Paz, and Abigail Perez-Paz, individually and on behalf of all others similarly situated v. BAYER AKTIENGESELLSCHAFT, a German joint-stock company; BAYER CORPORATION, an Indiana corporation; and MONSANTO COMPANY, a Delaware corporation, Case No. 2:24-cv-01425 was transferred from the U.S. District Court for the Central District of California, to the U.S. District Court for the Northern District of California on March 21, 2024. The District Court Clerk assigned Case No. 3:24-cv-01736-VC to the proceeding. The nature of suit is stated as Personal Inj. Prod. Liability. The Bayer AG -- https://www.bayer.com/en/ -- is a German multinational pharmaceutical and biotechnology company and is one of the largest pharmaceutical companies and biomedical companies in the world.[BN] The Plaintiff is represented by: Joseph R. Saveri, Esq. Christopher K. L. Young, Esq. Itak K. Moradi, Esq. JOSEPH SAVERI LAW FIRM, LLP 601 California Street, Suite 1000 San Francisco, CA 94108 Phone: (415) 500-6800 Facsimile: (415) 395-9940 Email: jsaveri@saverilawfirm.com cyoung@saverilawfirm.com imoradi@saverilawfirm.com - and - Robert L. Lieff, Esq. P.O. Box A Rutherford, CA 94573 Phone: (415) 250-4800 Email: rlieff@lieff.com The Defendant is represented by: Jeffrey Scott Wilkerson, Esq. WINSTON & STRAWN/CHARLOTTE 300 South Tryon Street, 16th Floor Charlotte, NC 28202 Phone: (704) 350-7700 Fax: (704) 350-7800 Email: jwilkerson@winston.com - and - John J. Rosenthal, Esq. WINSTON & STRAWN LLP 1901 L St., NW Washington, DC 20036 Phone: (202) 282-5000 Fax: (202) 282-5100 Email: jrosenthal@winston.com - and - Michael Woodrum, Esq. WINSTON & STRAWN LLP 2121 North Pearl Street, Suite 900 Dallas, TX 75201 Phone: (214) 453-6530 Email: mwoodrum@winston.com - and - Shawn R. Obi, Esq. WINSTON & STRAWN LLP 333 South Grand Avenue, 38th Floor Los Angeles, CA 90071 Phone: (213) 615-1700 Fax: (213) 615-1750 Email: sobi@winston.com BAYER HERITAGE: Millikens Seek Damages Over Data Breach ------------------------------------------------------- Charles Milliken Jr and Mary Kay Milliken, on behalf of themselves and all others similarly situated v. Bayer Heritage Federal Credit Union, Case No. 5:24-cv-00057-JPB-JPM (N.D.W. Va., March 20, 2024)accuses the Defendants of violating the California Invasion of Privacy Act. This action arises from a recent cyberattack and data security breach on Defendant's network wherein Plaintiffs' and Class members' sensitive personal information was unlawfully accessed. The Plaintiffs and Class members suffered ascertainable losses, including the imminent risk of future harm caused by the compromise of their sensitive personal information. The Plaintiffs bring this class action over Defendant's inadequate safeguarding of Plaintiffs' and Class Members' private information, and for Defendant's failure to provide timely and adequate notice to affected individuals and failure to identify precisely what specific type of information was accessed. Headquartered in Martinsville, WV, Bayer Heritage Federal Credit Union operates as a financial cooperative, providing financial solutions to clients.[BN] The Plaintiffs are represented by: Lee A. Floyd, Esq. BREIT BINIAZAN, PC 2100 E. Cary Street, Suite 310 Richmond, VA 23223 Telephone: (804) 351-9040 Facsimile: (757) 670-3939 E-mail: Lee@bbtrial.com - and - Gary M. Klinger, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 227 W. Monroe Street, Suite 2100 Chicago, IL 60606 Telephone: (866) 252-0878 E-mail: gklinger@milberg.com - and - Philip J. Krzeski, Esq. CHESTNUT CAMBRONNE PA 100 Washington Avenue South, Suite 1700 Minneapolis, MN 55401 Telephone: (612) 339-7300 Facsimile: (612) 336-2940 E-mail: pkrzeski@chestnutcambronne.com BBBB BONDING: Benton Files Suit in Cal. Super. Ct. -------------------------------------------------- A class action lawsuit has been filed against BBBB Bonding Corporation, et al. The case is styled as Michael Benton, on behalf of himself and all persons similarly situated v. BBBB Bonding Corporation, Robert Hill-Venn, Clifford Jeffrey Stanley, Case No. STK-CV-UOE-2024-0003820 (Cal. Super. Ct., San Joaquin Cty., March 25, 2024). The case type is stated as "Unlimited Civil Other Employment." BBBB Bonding Corporation doing business as Bad Boys Bail Bonds -- https://www.badboysbailbonds.com/ -- offers bail rates at 5% of the total bond.[BN] The Plaintiff is represented by: Spencer Douglas Sinclair, Esq. LAW OFFICES OF CORREN & CORREN 3425 Brookside Rd. Ste. B Stockton, CA 95219-2388 Phone: 209-478-2621 Fax: 209-478-3038 Email: Ssinclair@correnlaw.com BEMKA CORP: Karim Files ADA Suit in S.D. New York ------------------------------------------------- A class action lawsuit has been filed against Bemka Corp. The case is styled as Jessica Karim, on behalf of herself and all others similarly situated v. Bemka Corp., Case No. 1:24-cv-02165 (S.D.N.Y., March 22, 2024). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Bemka Corp. -- https://bemka.com/ -- are direct importers of selected world's best caviar and fine foods sources.[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 BIRD HOUSE GROUP: Erkan Files ADA Suit in E.D. New York ------------------------------------------------------- A class action lawsuit has been filed against The Bird House Group, LLC. The case is styled as Nihal Erkan, on behalf of herself and all others similarly situated v. The Bird House Group, LLC, Case No. 1:24-cv-02143-CBA-LB (E.D.N.Y., March 25, 2024). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. The Bird House Group, LLC -- https://birdhousenyc.com/ -- is a top-rated, luxury Brooklyn hair salon since 2011.[BN] The Plaintiff is represented by: Mars Khaimov, Esq. 14749 71st Ave. Flushing, NY 11367 Phone: (917) 915-7415 Email: mars@khaimovlaw.com BISSELL HOMECARE: Faces Hoek Suit Over Labor Law Violations ----------------------------------------------------------- STACY HOEK, individually and on behalf of all others similarly situated, Plaintiff v. BISSELL HOMECARE, INC., a Michigan corporation, Defendant, Case No. 1:24-cv-00273 (W.D. Mich., March 15, 2024) seeks to recover unpaid wages, liquidated damages, interest, attorney's fees, costs, and other relief as appropriate under the Fair Labor Standards Act and the common law claim of unjust enrichment. In approximately June 2021, Defendant hired Plaintiff as an hourly shipping and receiving coordinator. Defendant promised its hourly employees shift premium pay and other forms of non-discretionary remuneration. Throughout Plaintiff's employment with Defendant, she earned a shift premium of an additional $0.75 cents per hour. However, Defendant failed to incorporate any shift premiums and other non-discretionary remuneration into its hourly employees' regular hourly rate calculation. Plaintiff and those similarly situated have regularly worked in excess of 40 hours a week and have been paid some overtime for those hours but at a rate that does not include Defendant's shift premiums and other non-discretionary remuneration as required by the FLSA. In addition, Defendant allegedly maintains an unlawful rounding policy that results to its failure to pay Plaintiff and its other hourly employees for all time worked, says the suit. Based in Michigan, Bissell Homecare manufactures household vacuum cleaners and cleaning products. [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. 1 Towne Sq., 17th Floor Southfield, MI 48375 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 BLST OPERATING COMPANY: Robinson Files FCRA Suit in N.D. California ------------------------------------------------------------------- A class action lawsuit has been filed against BLST Operating Company, LLC. The case is styled as Felicia Lum Robinson, individually and on behalf of those similarly situated v. BLST Operating Company, LLC doing business as: Fingerhut, Case No. 3:24-cv-01784-PHK (N.D. Cal., March 22, 2024). The lawsuit is brought over alleged violation of the Fair Credit Reporting Act. BLST Operating Company, LLC doing business as Fingerhut -- https://www.fingerhut.com/ -- is an American catalog/online retailer.[BN] The Plaintiffs are represented by: Julie A. Pollock, Esq. BERGER MONTAGUE PC 505 Montgomery St, Suite 625 San Francisco, CA 94111 Phone: (415) 906-0684 Fax: (215) 875-4604 Email: jpollock@bm.net BRIDGESTONE RETAIL: Consentino Sues for Deceptive Trade Practices ----------------------------------------------------------------- ELISA CONSENTINO, individually and on behalf of all others similarly situated v. BRIDGESTONE RETAIL OPERATIONS, LLC d/b/a FIRESTONE COMPLETE AUTO CARE, Case No. CACE-24-003753 (Fla. Cir., 17th Judicial, Broward Cty., March 19, 2024) accuses the Defendant of violating Florida's Deceptive and Unfair Trade Practices Act and the Florida Motor Vehicle Repair Act. This action arises from Defendant's alleged deceptive practice of automatically including "optional" services in its tire estimates. This was the subject of a legal action initiated by Washington State which ended in a settlement with Defendant in December 2005. According to Washington State's complaint, Defendant failed to inform shoppers that its road hazard warranty and tire replacement certificate were optional, and charged customers for the cost of the products without their explicit consent. Despite being sued by Washington State for that illegal practice, Defendant has allegedly continued such practice as part of its standard operating procedure throughout the State of Florida. On or about March 28, 2022, Plaintiff visited one of Defendant's facilities in Plantation, Florida for tire replacement. Based on the "Final Invoice" received by Plaintiff, Defendant included charges for "Road Hazard Protection", which was at issue in Washington State's complaint, and other charges that were supposed to be optional. Defendant's employees did not disclose to Plaintiff that such services were optional. As a standard operating procedure, employees would only explain such if the customer inquires at the time of purchase. The Plaintiff would not have agreed to those services if she was informed during purchase that such services were optional. The Plaintiff seeks damages and injunctive relief for Defendant's alleged violations. Headquartered in Nashville, TN, Bridgestone Retail Operations, LLC operates the world's largest chain of company-owned auto care and tire stores. [BN] The Plaintiff is represented by: Daniel DeSouza, Esq. COPYCAT LEGAL PLLC 3111 N. University Drive, Suite 301 Coral Springs, FL 33065 Telephone: (877) 437-6228 E-mail: dan@copycatlegal.com CAPITAL COMMUNITY: Budet Sues Over Debt Collection Practices ------------------------------------------------------------ CAROLYN BUDET, individually and on behalf of all others similarly situated, Plaintiff v. CAPITAL COMMUNITY BANK D/B/A QUICK CREDIT CONNECT, Defendant, Case No. CACE-24-003647 (Fla. Cir., Broward Cty., March 17, 2024) seeks to stop the Defendant's unfair and unconscionable means to collect a debt. CAPITAL COMMUNITY BANK, INC. operates as a full-service bank. The Bank provides checking and savings accounts, loans, debit and credit cards, cash management, online banking, and other related products and services. [BN] The Plaintiff is represented by: Jibrael S. Hindi, Esq. Jennifer G. Simil, Esq. Zane C. Hedaya, Esq. THE LAW OFFICES OF JIBRAEL S. HINDI 110 SE 6th Street, Suite 1744 Fort Lauderdale, FL 33301 Telephone: (954) 907-1136 E-mail: jibrael@jibraellaw.com jen@jibraellaw.com zane@jibraellaw.com CARL’S JR RESTAURANTS: Faces Cohen Suit Over Privacy Violations ----------------------------------------------------------------- TRAVIS COHEN, individually and on behalf of all others similarly situated v. CARL'S JR. RESTAURANTS, LLC, Case No. 2:24-cv-2299 (C.D. Cal., March 20, 2024) accuses the Defendant of violating the California Invasion of Privacy Act by enabling the wiretapping of the electronic communications of its California customers. The Plaintiff is among customers who ordered at Defendant's drive-thru locations in California via Presto Voice, the automated drive-thru assistant from AI firm Presto. During the processing of Plaintiff's order, Presto wiretapped Plaintiff's communication with Defendant without Plaintiff's knowledge and consent. The Defendant allegedly aided, agreed with, employed, procured, or otherwise enabled Presto's wiretapping of Plaintiff's communications, for the purpose of improperly increasing the efficiency of Presto Voice, and, by extension, the profits of both parties, in violation of CIPA, says the suit. Headquartered in Franklin, TN, Carl's Jr. Restaurants, LLC operates fast food restaurants throughout California and the United States. [BN] The Plaintiff is represented by: L. Timothy Fisher, Esq. Joshua R. Wilner, Esq. BURSOR & FISHER, P.A. 1990 North California Blvd., Suite 940 Walnut Creek, CA 94596 Telephone: (925) 300-4455 Facsimile: (925) 407-2700 E-mail: ltfisher@bursor.com jwilner@bursor.com CARVANA MOTOR: Judge Denies Motion to Dismiss Fraud Class Suit -------------------------------------------------------------- Barry Sims, writing for wbaltv.com, reports that a class action lawsuit against a national car dealer is moving forward. A judge gave the green light for the lawsuit against Carvana to advance. Marylanders and thousands of others nationwide claim they had serious problems getting registration and title information for their purchases. The decision is not final, but Carvana had wanted the lawsuit dismissed or to have the parties go into arbitration. Both requests were denied, so the case will move forward. "I want to be able to have transportation I don't have to look over my shoulder with," customer Shawn Thorn said. Thorn, a Baltimore resident, bought a car online through Carvana. Attorney Phillip Robinson represents him and consumers across the country who did business with Carvana. "Ultimately, our case is about consumers who bought a car from who they thought was a legitimate dealership and it turned out they couldn't get a title and registration and they couldn't drive their cars," Robinson said. In 2022, 11 News Investigates spoke with Jo Riedel, of Aberdeen, after a tow truck repossessed his Mitsubishi Outlander he got from Carvana. Riedel stopped making payments on the vehicle after Carvana repeatedly sent him temporary tags that kept expiring. The class action lawsuit filed in Pennsylvania alleges violations under the state's Unfair and Deceptive Trade Practices Act. Thorn said he also stopped making loan payments after getting temporary tags from other states that expired. He was pulled over by police and received citations. "It was more principle than anything. I paid for this. I'm paying for this and I can't use it at all. It didn't make sense to me," he said. In court filings, Carvana has denied any and all liability and contends the plaintiffs' allegations are entirely without merit. 11 News Investigates requested a response about the court's latest ruling. An attorney for Carvana declined to comment. [GN] CASA COLLECTION: Anderson Files ADA Suit in E.D. New York --------------------------------------------------------- A class action lawsuit has been filed against Casa Collection Design Group, Inc. The case is styled as Derrick Anderson, on behalf of himself and all others similarly situated, v. Casa Collection Design Group, Inc., Case No. 1:24-cv-02149 (E.D.N.Y., March 25, 2024). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Casa Collection -- http://www.casacollection.com/-- is a custom furniture company based in Red Hook, Brooklyn.[BN] The Plaintiff is represented by: Mars Khaimov, Esq. 14749 71st Ave. Flushing, NY 11367 Phone: (917) 915-7415 Email: mars@khaimovlaw.com CAVIAR & CAVIAR: Liz Files ADA Suit in S.D. New York ---------------------------------------------------- A class action lawsuit has been filed against Caviar & Caviar, LLC. The case is styled as Pedro Liz, on behalf of himself and all others similarly situated v. Caviar & Caviar, LLC, Case No. 1:24-cv-02179 (S.D.N.Y., March 22, 2024). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Caviar & Caviar is recognized as the leading source for the finest selection of imported and domestic Caviar.[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 CHANGE HEALTHCARE: Faces Luxe Dental Over Alleged Data Breach ------------------------------------------------------------- LUXE DENTAL SPA, LLC, individually and on behalf of all others similarly situated v. CHANGE HEALTHCARE INC., a Delaware corporation, UNITEDHEALTH GROUP INCORPORATED, a Delaware corporation, UNITEDHEALTHCARE, INC., a Delaware Corporation, and OPTUM, INC., a Delaware Corporation, Case No. 2:24-cv-04044 (D.N.J., March 20, 2024) seeks damages over a data breach allegedly caused by Defendants' failure to adequately protect their information systems. The Plaintiff brings this action over Defendants' failure to secure and safeguard their information systems from a massive foreseeable cyberattack that impacted Plaintiff's and Class members' business operations. On or about February 21, 2024, Defendant Change Healthcare's computer systems were targeted by cybercriminals, disrupting Change's services. Thousands of healthcare providers across the US, including Plaintiff, were left scrambling without access to Change's mission-critical services, resulting in overdue payments, interest accumulation, and other financial harm, says the Plaintiff. The Plaintiff alleges that Defendants failed to implement adequate security practices and protocols to protect their systems from such foreseeable incidents. As a direct and proximate result of Defendants' failures, Plaintiff and Class members have suffered and will continue to suffer serious injury. The Plaintiff seeks appropriate monetary, equitable, injunctive, and declaratory relief for negligence, negligent undertaking, and negligent failure to warn. Change Healthcare is a healthcare technology company that provides revenue and payment cycle management services for healthcare providers across the U.S. It is a unit of UnitedHealth's Optum subsidiary and is headquartered in Nashville, TN. [BN] The Plaintiff is represented by: Jennifer R. Scullion, Esq. Christopher L. Ayers, Esq. Justin M. Smigelsky, Esq. Nigel Halliday , Esq. SEEGER WEISS LLP 55 Challenger Road, 6th Floor Ridgefield Park, NJ 07660 Telephone: (973) 639-9100 Facsimile: (973) 639-9393 E-mail: jscullion@seegerweiss.com cayers@seegerweiss.com jsmigelsky@seegerweiss.com nhalliday@seegerweiss.com - and - Bill Matsikoudis, Esq. Derek Fanciullo, Esq. MATSIKOUDIS & FANCIULLO, LLC 128 Monticello Avenue Jersey City, NJ 07304 Telephone: (201) 915-0407 E-mail: bmatsikoudis@mf-legal.com dfanciullo@mf-legal.com CHANGE HEALTHCARE: Mt. Rainier Seek Damages for Data Breach ----------------------------------------------------------- MT. RAINIER EMERGENCY PHYSICIANS, PLLC, RIVER ROCK WELLNESS, AND JENNA WOLFSON, individually and on behalf of all similarly situated persons v. CHANGE HEALTHCARE, Case No. 3:24-cv-00323 (M.D. Tenn., March 20, 2024) accuses the Defendant of failing to implement adequate security practices and protocols, making it vulnerable to cyberattacks. The Plaintiff brings this action over Defendant's alleged failure to secure its systems and data from cyberattacks. On February 21, 2024, Defendant experienced a data breach caused by a ransomware attack carried out by prominent group Blackcat. The security incident disrupted Defendant's services and prevented healthcare providers, including Plaintiffs, from conducting their routine and ordinary business, including but not limited to, receiving payment for healthcare services rendered to the public. This has resulted in significant business interruption, financial harm, and lost revenues for Plaintiffs. The Plaintiffs allege that Defendant failed to implement appropriate processes that could have prevented or minimized the effects of the ransomware attack. Plaintiffs seek damages and relief for Defendant's alleged unlawful actions. Headquartered in Nashville, TN, Change Healthcare is a prominent provider of revenue and payment cycle management that connects payers, providers, and patients within the U.S. healthcare system. [BN] The Plaintiff is represented by: Kathryn E. Barnett, Esq. MORGAN & MORGAN 810 Broadway Ste. 105 Nashville, TN 37203-3808 Telephone: (615) 490-0943 E-mail: kbarnett@forthepeople.com - and - John A. Yanchunis, Esq. Ronald Podolny, Esq. MORGAN & MORGAN COMPLEX LITIGATION GROUP 201 N. Franklin Street, 7th Floor Tampa, FL 33602 Telephone: (813) 223-5505 Facsimile: (813) 223-5402 E-mail: jyanchunis@ForThePeople.com ronald.podolny@forthepeople.com CHANGE HEALTHCARE: O’Bradovich Sues Over Data Breach ------------------------------------------------------ Michael O'Bradovich, individually and on behalf of all others similarly situated v. CHANGE HEALTHCARE INC.; OPTUM, INC.; and UNITEDHEALTH GROUP INC., Case No. 2:24-cv-00452 (W.D. Pa., March 25, 2024), is brought against the Defendants failure to implement adequate data security measures which resulted to a Data Breach. On February 21, 2024, UnitedHealth discovered threat actors had breached part of Change’s information technology network, forcing Defendants to take Change’s systems offline (the "Data Breach"). The threat actors responsible for the Data Breach claim to have stolen six terabytes of information during the Data Breach, including the personally identifying information ("PII") and protected health information ("PHI") of millions of individuals, including but not limited to: medical records, insurance records, dental records, payment information, claims information, health data, contract information, and Social Security Numbers. The Data Breach and the disruption to patients’ access to their needed medications was foreseeable and the direct and proximate result of Defendants’ failure to implement adequate data security measures to protect its systems from unauthorized access. As healthcare business associates under federal law, Defendants knowingly obtain, collect, and store patient PII and PHI—and have a duty to secure, maintain, protect, and safeguard the PII and PHI in their possession against unauthorized access and disclosure through reasonable and adequate data security measures. Defendants are also well-aware that the PII and PHI is highly valuable to cybercriminals, making it highly foreseeable that Defendants would be the target of a cyberattack. Despite these duties and the foreseeability of a data breach, however, Defendants failed to implement adequate data security measures, leading to a data breach of "unprecedented magnitude" and the disruption of patients’ access to their medications. In order to recover to Defendants’ wrongful conduct, Plaintiff on behalf of himself and a similarly situated class of individuals, brings claims for negligence, negligence per se, and declaratory judgment, seeking actual and putative damages, with attorneys’ fees, costs, and expenses, and appropriate injunctive and declaratory relief, says the complaint. The Plaintiff discovered the Data Breach and has since learned that his PII and/or PHI in Change’s possession has likely been compromised in the Data Breach. Change, a subsidiary of UnitedHealth’s Optum division, offers healthcare technology services including, inter alia, revenue cycle management, healthcare analytics, and payment processing for patients, healthcare providers, and pharmacies.[BN] The Plaintiff is represented by: Gary F. Lynch, Esq. LYNCH CARPENTER LLP 1133 Penn Avenue, 5th Floor Pittsburgh, PA 15222 Phone: (412) 322-9243 Email: gary@lcllp.com CHANGE HEALTHCARE: Shelor Sues Over Failure to Safeguard Data ------------------------------------------------------------- Mary Shelor, individually and on behalf of all others similarly situated v. CHANGE HEALTHCARE INC., Case No. 3:24-cv-00340 (M.D. Tenn., March 25, 2024), is brought as a result of Defendant’s failure to properly secure and safeguard highly sensitive personal information which was accessed and/or exfiltrated by unauthorized third parties during a data breach that exploited a vulnerability in its software technology on February 21, 2024 (the "Data Breach"). The information compromised in the Data Breach includes both personally identifiable information ("PII") and protected health information ("PHI"), such as, patient medical and patient payment information. As a sophisticated and leading provider of health information technology services Defendant is or should have been aware, this type of personal and sensitive data is highly targeted and sought after by hackers who seek to exploit that data for nefarious purposes. In the wrong hands, these types of sensitive data allow criminals to cause significant harm to individuals including Plaintiff and the Class Members. The Data Breach was a direct and proximate result of Defendant’s failure to implement and follow reasonable security procedures and practices and failed to disclose material facts surrounding its deficient security protocols, procedures and practices. As a result of Defendant’s negligence, patients and healthcare providers will be impacted and feel the effects that the shutdown and network outage for weeks. And Plaintiff’s and Class Members’ whose PII and PHI was stolen and is now in the hands of criminals will feel the impact for the rest of their respective lives. As a result of Defendant’s failure to protect the confidential and sensitive information it was entrusted to safeguard , Plaintiff and Class members did not receive the benefit of their bargain with Defendant and now face a significant risk of medical related theft and fraud, financial fraud, and other identity-related fraud now and into the indefinite future. The Plaintiff brings this Complaint on behalf of herself and all persons whose PII and/or PHI was stolen during the Data Breach. Plaintiff asserts claims for negligence, negligence per se, and declaratory judgment, says the complaint. The Plaintiff is a citizen and resident of the Commonwealth of Pennsylvania who fills her prescription at a local CVS pharmacy that uses Change Healthcare's platform and systems. Change Healthcare Inc. is a health technology company that provides pharmacies and health care providers in the United States with tools that allow them to electronically process claims and other essential payment and revenue management practices.[BN] The Plaintiff is represented by: J. Gerard Stranch, Esq. Michael Iadevaia, Esq. Emily Schiller, 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 miadevaia@stranchlaw.com eschiller@stranchlaw.com - and - Jeffrey K. Brown, Esq. Brett R. Cohen, Esq. LEEDS BROWN LAW, P.C. One Old Country Road, Suite 347 Carle Place, NY 11514-1851 Phone: (516) 873-9550 Email: jbrown@leedsbrownlaw.com bcohen@leedsbrownlaw.com - and - Charles E. Schaffer, Esq. LEVIN SEDRAN & BERMAN LLP 510 Walnut St., Ste 500 Philadelphia, PA 19106 Phone: (215) 592-1500 Email: cschaffer@lfsblaw.com - and - Jeffrey S. Goldenberg, Esq. Todd B. Naylor, Esq. GOLDENBERG SCHNEIDER, LPA 4445 Lake Forest Dr., Ste. 490 Cincinnati, OH 45242 Phone: (513) 345-8291 Email: jgoldenberg@gs-legal.com tnaylor@gs-legal.com CHARLOTTE'S WEB: Jurdi Suit Removed to C.D. California ------------------------------------------------------ The case styled as Lillian Jurdi, individually and on behalf of all others similarly situated v. Charlotte's Web, Inc., Does 1 through 25, inclusive, Case No. 24STCV04402 was removed from the Los Angeles County Superior Court, to the U.S. District Court for the Central District of California on March 25, 2024. The District Court Clerk assigned Case No. 2:24-cv-02446 to the proceeding. The nature of suit is stated as Other P.I. Charlotte's Web -- https://www.charlottesweb.com/ -- specializes in the development and distribution of hemp-derived cannabidiol wellness products.[BN] The Plaintiff appears pro se. The Defendant is represented by: Abigail Augus Barrera, Esq. GIBSON, DUNN AND CRUTCHER LLP One Embarcader Center, Suite 2600 San Francisco, CA 94111 Phone: (415) 393-8262 Fax: (415) 393-8306 Email: abarrera@gibsondunn.com - and - John D. W. Partridge GIBSON DUNN AND CRUTCHER LLP 1801 California Street Suite 4200 Denver, CO 80202 Phone: (303) 298-5931 Fax: (303) 298-5907 Email: JPartridge@gibsondunn.com CHEMOURS COMPANY: Taylor Sues Over Misleading Statements -------------------------------------------------------- ROBERT H. TAYLOR JR., individually and on behalf of all others similarly situated, Plaintiff v. THE CHEMOURS COMPANY, MARK NEWMAN, JONATHAN LOCK, CAMELA WISEL, and SAMEER RALHAN, Defendants, Case No. 1:24-cv-00361-UNA (D. Del., March 21, 2024) accuses the Defendants of violating the Securities Exchange Act of 1934 and Securities and Exchange Commission's Rule 10b-5. Plaintiff Taylor brings this federal securities class action on behalf of a class of all persons and entities who purchased or otherwise acquired Chemours common stock between February 10, 2023, and February 28, 2024, inclusive. Throughout the said period, the Defendants made materially false and/or misleading statements, as well as failed to disclose material adverse facts, about the Chemours' business and operations. Among other things, Defendants misrepresented and/or failed to disclose that certain of the Chemours' senior executive officers manipulated Free Cash Flow targets as a means to maximize additional cash and stock incentive compensation applicable to executive officers pursuant to the Chemours' Annual Incentive Plans and Long-Term Incentive Plans, says the Plaintiff. Headquartered in Wilmington, Delaware, Chemours is an industrial and specialty chemical company for a number of markets including, among others, the "coatings, plastics, refrigeration and air conditioning, transportation, semiconductor and consumer electronics, general industrial, and oil and gas" markets. Chemours' common stock trades in the United States on the New York Stock Exchange under the ticker symbol "CC." [BN] The Plaintiff is represented by: Gregory V. Varallo, Esq. BERNSTEIN LITOWITZ BERGER & GROSSMANN LLP 500 Delaware Avenue, Suite 901 Wilmington, DE 19801 Telephone: (302) 364-3600 E-mail: greg.varallo@blbglaw.com CHENE GEAR CO: Sookul Files ADA Suit in S.D. New York ----------------------------------------------------- A class action lawsuit has been filed against Chene Gear Co., LLC. The case is styled as Sanjay Sookul, on behalf of himself and all others similarly situated v. Chene Gear Co., LLC, Case No. 1:24-cv-02186 (S.D.N.Y., March 22, 2024). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Chene Gear -- https://chenegear.com/ -- exists to manufacture quality waterfowl gear and to deliver the best customer service experience possible.[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 CHUG A LUG: Fails to Pay Proper OT Wages, Echeveste Suit Alleges ---------------------------------------------------------------- MICHELLE SANCHEZ ECHEVESTE, an individual, on behalf of herself and all other plaintiffs similarly situated, known and unknown, Plaintiff v. CHUG A LUG, INC., an Illinois corporation d/b/a CHUG A LUG PUB & GRILL, and SILKEN N. PATEL, an individual, Defendants, Case No. 1:24-cv-02201 (N.D. Ill., March 18, 2024) arises under the Fair Labor Standards Act and the Illinois Minimum Wage Law for Defendants' failure to pay Plaintiff, and other similarly situated employees, overtime compensation for hours worked over 40 in a workweek, and for Defendants' retaliation in terminating Plaintiff because her father filed his own FLSA lawsuit for unpaid wages. Plaintiff Echeveste worked as a busser at Defendants' Chug A Lug Pub & Grill restaurant from October, 2022 through December 4, 2023. Allegedly, Defendants did not compensate Plaintiff at one and one-half times their regular hourly rate of pay for hours worked in excess of 40 in individual work weeks. Instead, Defendants paid Plaintiff's overtime compensable hours at her straight-time hourly rate of pay. Chug A Lug, Inc. is an Illinois corporation that operates the Chug A Lug Pub & Grill restaurant located on South Halsted Street in Glenwood, IL. [BN] The Plaintiff is represented by: Timothy M. Nolan, Esq. NOLAN LAW OFFICE 53 W. Jackson Blvd., Ste. 1137 Chicago, IL 60604 Telephone: (312) 322-1100 E-mail: tnolan@nolanwagelaw.com CITIBANK NA: Faces Class Action Suit Over Fees for Returned Checks ------------------------------------------------------------------ "Trouble comes in threes" is an old saying that may occur to some bankers regarding the latest wave of class action lawsuits against banks. Three large Wall Street banks -- Citibank, JP Morgan Chase and Wells Fargo Bank -- have all been sued recently over charging the same type of fees to customers for depositing checks that are later returned. The type of fee in question is a charge against a bank customer for depositing a check written by a third party that is later returned unpaid because, for example, the check has bounced, or the third-party check originator has stopped payment on the check or has closed the checking account prior to the check being presented. As bankers have learned over the years, consumer class action lawsuit trends in the banking industry tend to begin with suits against the largest banks, like the three banks mentioned above, but then those same lawsuits are gradually filed against super-regional banks, then regional banks and eventually some unlucky community banks. Lawsuit Theory. The theory behind these third-party returned check lawsuits is that the depositing bank customer has no way of knowing whether the third-party check will be returned and, therefore, no way of avoiding the fee. Of course, the customer’s bank that accepts the check for deposit also has no way of knowing whether the check will be returned by the check originator’s bank, and the depositing customer would usually have more knowledge than the depository bank about the writer of the check and the validity of the payment it represents. In addition, there are also scenarios in which the customer depositing the check is actually in collusion with the originator of the check or may otherwise have knowledge that the check may be returned. Legal Claims in Suits. Among the allegations in the lawsuits are claims for breach of contract (based on alleged failure to properly disclose and authorize the fees in the applicable deposit account agreement), breach of the implied covenant of good faith and fair dealing and unjust enrichment, as well as claims under state consumer protection laws. The Chase lawsuit has fewer types of claims than the other two. CFPB Cited by Plaintiffs. Each of the lawsuits cites the Consumer Financial Protection Bureau's (CFPB) guidance issued in CFPB Bulletin 2022-06, which indicates that "blanket policies" by banks that impose fees on customers depositing checks that are later returned are likely unfair under federal law if the fees are imposed "irrespective of the circumstances of the transaction or patterns of behavior on the account." The CFPB also states in the Bulletin that disclosures made by a bank about the fees may not be able to remedy the perceived violation. Outlook. One of the law firms representing plaintiffs in each of the three class actions against the Wall Street banks has already stated publicly that it is looking into similar class action lawsuits against more than two dozen other financial institutions. Of course, Citi, Chase, Wells and future bank defendants may prevail in these suits and may even get them tossed early. However, assuming the initial lawsuits against the three big banks are harbingers of a spate of similar suits against banks across the country, other banks may want to review their fee structures, deposit account agreements, fee disclosures and policies to see if preemptive action would be appropriate or could potentially mitigate risk. [GN] CITRIX SYSTEMS: Birnie Files Suit in E.D. Pennsylvania ------------------------------------------------------ A class action lawsuit has been filed against Citrix Systems, Inc. The case is styled as Michelle Birnie, Lauren Wilkinson, on behalf of themselves and all others similarly situated v. Citrix Systems, Inc., Case No. 5:24-cv-01201 (E.D. Pa., March 20, 2024). The nature of suit is stated as Other Contract for Breach of Contract. Citrix Systems, Inc. -- http://www.citrix.com/-- is an American multinational cloud computing and virtualization technology company that provides server, application and desktop virtualization, networking, software as a service, and cloud computing technologies.[BN] The Plaintiffs are represented by: Charles E. Schaffer, Esq. LEVIN SEDRAN & BERMAN 510 Walnut Street, Ste. 500 Philadelphia, PA 19106 Phone: (215) 592-1500 Fax: (215) 592-4663 Email: cschaffer@lfsblaw.com CITRIX SYSTEMS: Wiley Seeks Damages Over Alleged Data Breach ------------------------------------------------------------ LAURA WILEY, on behalf of herself and all others similarly situated v. CITRIX SYSTEMS, INC. and COMCAST CABLE COMMUNICATIONS, LLC, Case No. 2:24-cv-01198 (E.D. Pa., March 20, 2024) accuses the Defendants of negligence, negligence per se, breach of implied contract, breach of third-party beneficiary contract, and unjust enrichment arising from a data breach. The Plaintiff's personally identifiable information (PII) was compromised in a ransomware attack that affected Comcast's systems between October 16 and October 19, 2023. The perpetrators carried out the cyberattack by exploiting a vulnerability in one of Citrix's software products used by Comcast. The PII of approximately 36 million customers, including that of Plaintiff, was illegally accessed in the data breach and Defendants only began sending victims a notice of the data security incident on or about January 2, 2024 (and perhaps as early as December 18, 2023). The Plaintiff alleges that the data breach came as a result of Defendants' failure to adequately protect their customers' PII. Further, Defendants failed to give affected customers timely, adequate notice of the data breach's occurrence. Citrix Systems, Inc. is a cloud computing company based in Fort Lauderdale, FL. [BN] The Plaintiff is represented by: Mark B. DeSanto, Esq. BERGER MONTAGUE PC 1818 Market Street, Suite 3600 Philadelphia, PA 19103 Telephone: (215) 875-3046 Facsimile: (310) 566-9886 E-mail: mdesanto@bm.net - and - E. Michelle Drake, Esq. BERGER MONTAGUE PC 1229 Tyler Street NE, Suite 205 Minneapolis, MN 55413 Telephone: (612) 594-5933 E-mail: emdrake@bm.net COLUMBUS, OH: Seeks Dismissal in Data Privacy Class Action Suit --------------------------------------------------------------- Andy East of The Republic reports that a Marion County judge has scheduled a status conference in a proposed class-action lawsuit filed against Columbus Regional Health over alleged data privacy violations, while the hospital system challenges the lawsuit in state court and a federal appeals court considers whether the case should be litigated in federal court. Last week, Marion County Superior Court Judge Christina R. Klineman scheduled a status conference on April 5 in Marion Superior Court 1 in Indianapolis following a request by attorneys for the plaintiffs "to address the orderly progression of this matter," according to court filings. The lawsuit, filed on the Indiana Commercial Court docket in Marion Superior Court 1 in Indianapolis, claims that CRH embedded tracking technology on its website that collects and shares information about its patients with Meta, Google, Microsoft, Adobe Inc., DoubleClick, Marchex and "potentially others," according to an amended complaint filed in January. This allegedly includes the content that users searched for on CRH's website, the buttons they clicked on, the forms they submitted, the events they registered for, when they accessed the patient portal and paid bills, the terms they searched for and the doctors they sought, the lawsuit states. The complaint further alleges that CRH's use of the technology violates HIPAA, the federal patient privacy law, as well as Federal Trade Commission standards and the Indiana Deceptive Consumer Sales Act. Columbus residents and CRH patients Brian and Annie Elkins are listed as plaintiffs in the lawsuit. Annie Elkins was identified in the original complaint as a former CRH employee. The lawsuit proposes a class made up of any Indiana resident whose private information was disclosed by CRH through the tracking technology without authorization. "When plaintiffs and class members used defendant's website and online platforms, they thought they were communicating exclusively with their trusted healthcare provider," the amended complaint states. “Unbeknownst to them, defendant embedded pixels from Facebook, Google, Microsoft, Adobe, DoubleClick and Marchex on its website and online platforms, surreptitiously forcing plaintiff and class members to transmit intimate details about their medical treatment to third parties without their consent.” Since being filed in May, the lawsuit has bounced between the state and federal court systems. CRH has sought to move the lawsuit to federal court, arguing, among other things, that the complaint involves alleged violations of federal privacy standards, court records show. Attorneys representing CRH said in a court filing they planned to argue in federal court that the hospital system did not violate federal privacy standards, and the "specific information that is purportedly 'disclosed' are outside of the purview of protected health information." However, a federal judge sent the lawsuit back to Marion Superior Court on Oct. 10, finding, among other things, that using alleged violations of federal standards as evidence for civil liability under state law does not, by default, confer jurisdiction to a federal court. In November, CRH appealed the order to remand the case to state court. The hospital system also filed a motion to, among other things, pause the order sending the case to state court until the federal appeals court weighs in. In February, a federal judge denied CRH's motion, determining, among other things, that the hospital system "is unlikely to face prejudice in state court" and that "delay here only benefits" CRH. The appeal was still pending before the U.S. Court of Appeals for the Seventh Circuit as of March 26, 2024 morning. "There is no harm to either party for the litigation to carry on in state court while the remand order is reviewed on appeal. The same things would be happening in either place; it does not matter where," U.S. District Judge James R. Sweeney II states in an order dated Feb. 21. Earlier this month, CRH filed a separate motion in state court seeking to dismiss the lawsuit on procedural grounds, arguing that the plaintiffs did not comply with state laws on bringing tort claims against a local governmental entity. More specifically, CRH argues that the plaintiffs did not file a notice of a tort claim or give the hospital system 90 days as required by law to investigate the claim before they filed the lawsuit. A tort is an act or omission that results in injury or damage that may entitle an affected party to seek damages, often in the form of monetary compensation, according to the Cornell Law School's Legal Information Institute. The plaintiffs "did not wait 90 days to initiate a suit -- they sued immediately, then amended their complaint 90 days later to formally list their tort theories," the motion states. No decision had been made on the motion as of March 26, 2024 morning. CRH officials have declined to comment on the lawsuit, citing the pending litigation. "In order to protect the integrity of a pending case, Columbus Regional Health refrains from comment on active litigation matters," CRH spokeswoman Kelsey DeClue said previously in a statement to The Republic. "However, our organization intends to vigorously defend against these claims." The allegations against CRH come as a growing number of hospitals and health systems across the country face lawsuits that allege they disclosed private patient data to tech giants through tracking technology on their website and other online platforms. The lawsuits largely involve the use of tracking technology called tracking pixels, which are pieces of computer code embedded into a website that can track and record a range of personal data on how a user interacts with the website, including information that users have typed in a form while on the website, according to the Federal Trade Commission's Office of Technology. Pixels can be hidden from view, and blocking third-party cookies may not prevent pixels from collecting and sharing information. Businesses commonly use them to track consumer behavior and target them with advertisements based on their online activity. Many of the lawsuits, including the one filed against CRH, mention the use of the Meta Pixel, a tracking pixel developed by Facebook parent company Meta. Meta has described the Meta Pixel as "a snippet of JavaScript code that loads a small library of functions" that can track Facebook ad-driven visitor activity on a website and "match website visitors to their respective Facebook user accounts." Court filings have alleged that the Meta Pixel can track information about a visitor's device, including IP address and the pages viewed. It also can be configured to track search terms, button clicks and form submissions. However, it is unclear how CRH had configured those tools or if it even used them at all. The original complaint and amended complaint do not specify how the plaintiffs concluded that CRH uses the tracking pixels, though the amended complaint provides alleged examples of the tools being used. "Defendant revealed to Facebook the content that patients viewed and the buttons they clicked. For example, when a user clicked on 'Cancer Center' under the 'Service Centers' tab on the website, defendant reported to Facebook the title, page description and URL viewed by the user, thereby reporting that the individual was seeking cancer care," the amended complaint states. "…Likewise, when a user loaded defendant's 'Diabetes Care' page, CRH reported to Facebook that user was viewing a page about diabetes. If the user then submitted a 'DIABETES REFERRAL FORM,' CRH also shared that event with Facebook. And if the user clicked a button labelled 'READ MORE ABOUT OUR WOUND CARE CENTER,' this also was reported to Facebook." The issue of tracking technologies in health care settings came to light in June 2022 after a report by tech publication The Markup found that the Meta Pixel was installed on 33 of Newsweek's top 100 hospitals in the country, including Johns Hopkins Hospital, UCLA Reagan Medical Center and Duke University Hospital. The publication said former regulators, health data security experts and privacy advocates reviewed the report's findings and found the hospitals' use of the tracking tool may have violated HIPAA. In December 2022, the U.S. Department of Health and Human Services warned that website trackers could violate HIPAA and that "regulated entities are not permitted to use tracking technologies in a manner that would result in impermissible disclosures." "Such disclosures can reveal incredibly sensitive information about an individual, including diagnoses, frequency of visits to a therapist or other health care professionals and where an individual seeks medical treatment," HHS said in December. In June 2022, anonymous plaintiffs filed a proposed class-action lawsuit against Meta in federal court, alleging that the tech giant violated the medical privacy of patients through its Meta Pixel tool. That lawsuit is currently pending in federal court. When the lawsuit was filed, attorneys for the plaintiffs alleged that they had identified through experts at least 664 hospital systems or medical provider web properties in the United States where Facebook had received patient data via the Metal Pixel. Since then, lawsuits have been filed against Cedars-Sinai Health System in Los Angeles, Rush University System for Health in Chicago, U of L Health in Louisville, LCMC Health in New Orleans, among several others across the country. By April 2023, at least 18 hospitals and health systems were facing similar lawsuits, according to Becker's Health IT. [GN] COMMUNICATION FEDERAL: Gardiner Files Suit in Okla. Dist. Ct. ------------------------------------------------------------- A class action lawsuit has been filed against Communication Federal Credit Union. The case is styled as Altin Gardiner, on behalf of himself and all others similarly situated v. Communication Federal Credit Union, Case No. CJ-2024-1967 (Okla. Dist. Ct., Oklahoma Cty., March 25, 2024). The case type is stated as "Civil relief more than $10,000: CLASS ACTION." Communication Federal Credit Union -- https://www.comfedcu.org/ -- is committed to providing the best overall value of financial products and services available to our members.[BN] The Plaintiff is represented by: Jacob Rowe, Esq. Andrea R. Rust, Esq. Matthew J. Sill, Esq. SILL LAW GROUP 1101 N BROADWAY, #102 OKC, OK 73103 CONTINENTAL AG: Doherty Alleges Antritrust Law Breaches ------------------------------------------------------- DONALD DOHERTY, individually and on behalf of all others similarly situated, Plaintiff v. CONTINENTAL AKTIENGESELLSCHAFT; CONTINENTAL TIRE THE AMERICAS, LLC; COMPAGNIE GÉNÉRALE DES ÉTABLISSEMENTS; MICHELIN NORTH AMERICA, INC.; NOKIAN TYRES PLC; NOKIAN TYRES INC; NOKIAN TYRES U.S. OPERATIONS LLC; THE GOODYEAR TIRE & RUBBER COMPANY; PIRELLI & C. S.P.A.; PIRELLI TIRE LLC; BRIDGESTONE CORPORATION; BRIDGESTONE AMERICAS, INC.; AND DOES 1-100, Defendants, Case No. 6:24-cv-01304-JDA (D.S.C., March 18, 2024) seeks for equitable relief under the Sherman Antitrust Act against certain tire manufacturers who were allegedly conspiring to fix the prices of replacement tires. Plaintiff Doherty alleges that the Defendants have entered into and engaged in a continuing combination, conspiracy or agreement to unreasonably restrain trade or commerce in violation of Section 1 of the Sherman Act, by artificially restraining competition with respect to the price of new replacement tires for passenger cars, vans, trucks and buses sold within the United States, with the purpose and effect of raising prices. Headquartered in Hannover, Germany, Continental AG manufactures and distributes a complete line of passenger, light truck, and commercial tires for both the original equipment and replacement markets. [BN] The Plaintiff is represented by: James L. Ward, Jr., Esq. MCGOWAN, HOOD, FELDER & PHILLIPS, LLC 10 Shem Drive, Suite 300 Mount Pleasant, SC 29464 Telephone: (843) 388-7202 Facsimile: (843) 388-3194 E-mail: jward@mcgowanhood.com - and - Jennifer Spragins Burnett, Esq. HARBIN & BURNETT, LLP 2124 Highway 81 North (29261) Post Office Box 35 Anderson, SC 29622-0035 Telephone: (864) 964-0333 Facsimile: (864) 964-0930 E-mail: jennifer@harbinlaw.com CONTINENTAL AG: Earls et al. Suit Alleges Antitrust Violations -------------------------------------------------------------- CHRIS EARLS, RYAN FRITZINGER, TODD SEROTTE, WILLIAM SANTOYO and JOSHUA DUTTON, individually and on behalf of all others similarly situated v. CONTINENTAL AKTIENGESELLSCHAFT; CONTINENTAL TIRE THE AMERICAS, LLC; COMPAGNIE GÉNÉRALE DES ÉTABLISSEMENTS; MICHELIN NORTH AMERICA, INC.; NOKIAN TYRES PLC; NOKIAN TYRES INC; NOKIAN TYRES U.S. OPERATIONS LLC; THE GOODYEAR TIRE & RUBBER COMPANY; PIRELLI & C. S.P.A.; PIRELLI TIRE LLC; BRIDGESTONE CORPORATION; BRIDGESTONE AMERICAS, INC.; AND DOES 1-100, Case No. 0:24-cv-1332-JDA (D.S.C., March 19, 2024) accuses Defendants of price-fixing, in violation of antitrust laws. The Plaintiffs bring this action over Defendants' alleged unlawful agreements to fix the prices of replacement tires. Plaintiffs claim that Defendants conspired to increase the price of tires between 2021 and 2023, at a rate 70% higher than the core inflation. The prices have remained high even while inflation eased and the effects of the COVID-19 pandemic dissipated. On January 30, 2024, the European Commission, in collaboration with national competition authorities from European Union Member States, conducted unannounced inspections of the premises of several tire companies, including Defendants. Investigations found that price coordination may have occurred between Defendants, in violation of EU antitrust rules, say the Plaintiffs. The Plaintiffs seek equitable relief under the Sherman Antitrust Act as well as damages and/or restitution under state antitrust laws. Continental AG is a German multinational automotive parts manufacturing company headquartered in Hannover, Germany. [BN] The Plaintiffs are represented by: James L. Ward, Jr., Esq. MCGOWAN, HOOD, FELDER & PHILLIPS, LLC 10 Shem Drive, Suite 300 Mount Pleasant, SC 29464 Telephone: (843) 388-7202 Facsimile: (843) 388-3194 E-mail: jward@mcgowanhood.com COTTON ON USA: Wilkins Suit Removed to E.D. Pennsylvania -------------------------------------------------------- The case styled as Andrew Wilkins, on behalf of himself and all others similarly situated v. Cotton On USA, Inc., Case No. 23-09542-TT was removed from the Chester County Court of Common Pleas, to the U.S. District Court for the Eastern District of Pennsylvania on March 21, 2024. The District Court Clerk assigned Case No. 2:24-cv-01216-KSM to the proceeding. The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Cotton on USA Inc. -- https://cottonon.com/US/ -- provides clothing apparel. The Company offers t-shirt, pants, swimwear, lingerie, sleepwear, baby clothes, shoes, and accessories.[BN] The Plaintiff is represented by: Daniel Zemel, Esq. ZEMEL LAW LLC 660 Broadway Paterson, NJ 07514 Phone: (862) 227-3106 Fax: (973) 525-2552 Email: dz@zemellawllc.com The Defendants are represented by: John A. Greenhall, Esq. COHEN, SEGLIAS, PALLAS , GREENHALL & FURMAN 30 South 17th St., 19th Fl. Philadelphia, PA 19103 Phone: (215) 564-1700 Fax: (215) 564-3066 Email: jgreenhall@cohenseglias.com CRAFT AXE THROWING: Thompson TCPA Suit Removed to D. South Carolina ------------------------------------------------------------------- The case styled as Clay A. Thompson, Jr., individually, and on behalf of all others similarly situated v. Craft Axe Throwing, LLC, Case No. 2024-CP-42-00719 was removed from the Spartanburg County Court of Common Pleas, to the U.S. District Court for the District of South Carolina on March 22, 2024. The District Court Clerk assigned Case No. 7:24-cv-01380-TMC to the proceeding. The lawsuit is brought over alleged violation of the Telephone Consumer Protection Act for Restrictions of Use of Telephone Equipment. Craft Axe Throwing -- https://craftaxethrowing.com/ -- is a venue for entertainment, gaming, and event services.[BN] The Plaintiff is represented by: Michael A. Timbes, Esq. Sarah Danielle Baum, Esq. Thomas J. Rode, Esq. THURMOND KIRCHNER AND TIMBES PA 15 Middle Atlantic Wharf, Suite 101 Charleston, SC 29401 Phone: (843) 937-8000 Email: michael@tktlawyers.com sarah@tktlawyers.com thomas@tktlawyers.com 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 - and - Connor Bentley Bauknight, Esq. RICHARDSON PLOWDEN AND ROBINSON (COL) PO Drawer 7788 Columbia, SC 29202 Phone: (803) 771-4400 Email: cbauknight@richardsonplowden.com CROWN LABORATORIES: Del Toro Balks at Acne Treatment Products' Ads ------------------------------------------------------------------ ERIN DEL TORO and LOUISA ROMO, individually and on behalf of all others similarly situated v. CROWN LABORATORIES, INC., Case No. 8:24-cv-00573 (C.D. Cal., March 19, 2024) accuses the Defendant of violating consumer fraud laws by failing to disclose benzene presence in acne treatment products. The Plaintiffs bring this class action over Defendant's manufacturing, distribution, advertising, marketing, and sale of PanOxyl branded benzoyl peroxide ("BPO") acne treatment products (the BPO Products) that contain dangerously high levels of benzene, a carcinogenic impurity that has been linked to leukemia and other cancers. Defendant allegedly misrepresented, omitted, and concealed this fact to consumers, including Plaintiff and Class members, by failing to disclose on the labels or warn that the BPO Products contain benzene. The Plaintiffs and Class members relied on Defendant's representations that the products were safe and did not contain any carcinogens. The Plaintiffs seek damages for Defendants' alleged violations of State Consumer Fraud Acts, California Business and Professions Code, and the Consumer Legal Remedies Act, as well as unjust enrichment and negligent misrepresentation/omission. Crown Laboratories is a global skin care company based in Johnson City, TN. [BN] The Plaintiffs are represented by: Kristen Lake Cardoso, Esq. Jeff Ostrow, Esq. KOPELOWITZ OSTROW PA 1 West Las Olas Blvd., Suite 500 Fort Lauderdale, FL 33301 Telephone: (954) 525-4100 Facsimile: (310) 566-9886 E-mail: cardoso@kolawyers.com ostrow@kolawyers.com CULTURAL CARE: Appeals Arbitration Bid Denial in Posada FLSA Suit ----------------------------------------------------------------- CULTURAL CARE, INC. is taking an appeal from a court order denying its motion to compel arbitration in the lawsuit entitled Morales Posada, et al., individually and on behalf of all others similarly situated, Plaintiffs, v. Cultural Care, Inc., Defendant, Case No. 1:20-cv-11862-IT, in the U.S. District Court for the District of Massachusetts. As previously stated in the Class Action Reporter, the Plaintiffs allege that Cultural Care, through its failure to adequately pay them and to provide certain disclosures, has violated the Fair Labor Standards Act ("FLSA"), 29 U.S.C. Section 201, et seq., and New York, California, New Jersey, and Illinois minimum wage, overtime, and wage statement laws. They also allege that Cultural Care has engaged in deceptive trade practices. On Aug. 18, 2023, the Defendant filed a motion to compel arbitration, which the Court denied as to the International Care Contract and denied without prejudice as to the 2023 Contract through an Order entered by Judge Indira Talwani on Feb. 28, 2024. The Court held that Cultural Care may not enforce the International Care Contract's arbitration clause pursuant to the doctrine of equitable estoppel. The appellate case is captioned Morales Posada, et al. v. Cultural Care, Inc., Case No. 24-1248, in the United States Court of Appeals for the First Circuit, filed on March 13, 2024. [BN] Plaintiffs-Appellees KAREN MORALES POSADA, et al., individually and on behalf of all others similarly situated, are represented by: Helen Clara Coleman, Esq. NICHOLS KASTER PLLP 4700 IDS Center 80 S. 8th St. Minneapolis, MN 55402 Telephone: (612) 256-3200 - and - Matthew C. Helland, Esq. NICHOLS KASTER LLP 235 Montgomery St., Suite 810 San Francisco, CA 94104 Telephone: (415) 277-7235 - and - Alexander N. Hood, Esq. David Hollis Seligman, Esq. TOWARDS JUSTICE P.O. Box 371680 PMB 44465 Denver, CO 80237 Telephone: (720) 441-2236 (720) 248-8426 - and - Peter Rukin, Esq. RUKIN HYLAND LLP 1939 Harrison St., Ste. 925 Oakland, CA 94612 Telephone: (415) 421-1800 Defendant-Appellee CULTURAL CARE, INC. is represented by: Alexander S. Del Nido, Esq. Gavin Frisch, Esq. Matthew Mazzotta, Esq. Aliki Sofis, Esq. Zi Chun Michelle Wang, Esq. Harvey J. Wolkoff, Esq. QUINN EMANUEL URQUHART & SULLIVAN LLP 111 Huntington Ave., Ste. 520 Boston, MA 02199 Telephone: (617) 712-7100 (617) 712-7116 (617) 951-7000 - and - Kathleen M. Sullivan, Esq. QUINN EMANUEL URQUHART & SULLIVAN LLP 865 S. Figueroa St., 10th Fl. Los Angeles, CA 90017 Telephone: (213) 443-3000 CURRANT ROLL SHOP: Erkan Files ADA Suit in E.D. New York -------------------------------------------------------- A class action lawsuit has been filed against The Currant Roll Shop By Allans Bakery, LLC. The case is styled as Nihal Erkan, on behalf of herself and all others similarly situated v. The Currant Roll Shop By Allans Bakery, LLC, Case No. 1:24-cv-02144 (E.D.N.Y., March 25, 2024). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. The Currant Roll Shop By Allans Bakery, LLC -- https://www.allansbakery.com/store/ -- offers puff pastry rolled up with currants and spices.[BN] The Plaintiff is represented by: Mars Khaimov, Esq. 14749 71st Ave. Flushing, NY 11367 Phone: (917) 915-7415 Email: mars@khaimovlaw.com DAILY WIRE: Discloses Personal Info to Facebook, Wade Suit Says --------------------------------------------------------------- JAMES WADE, on behalf of himself and all others similarly situated, Plaintiff v. THE DAILY WIRE, LLC, Defendant, Case No. CACE-24-003886 (Fla. Cir., 17th Judicial, Broward Cty., March 21, 2024) arises from Defendant's practice of knowingly disclosing to a third party, Meta Platforms, Inc. (Facebook), data containing its digital subscribers' personally identifiable information of Facebook ID and the computer file containing video and its corresponding URL that subscribers, including Plaintiff, viewed via Defendant's website, www.dailywire.com. Plaintiff Wade alleges that the Defendant violated the federal Video Privacy Protection Act by disclosing its digital subscribers' identities and video media to Facebook without proper consent. Headquartered in Tennessee, Daily Wire is an online resource and media company that provides news, food, pop culture, and commerce information to consumers. It produces 250 pieces of content daily and has approximately 890,000 paid subscribers. [BN] The Plaintiff is represented by: Jonathan B. Cohen, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC 3833 Central Ave. St. Petersburg, FL 33713 E-mail: jcohen@milberg.com - and - Mariya Weekes, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 201 Sevilla Avenue, 2nd Floor Coral Gables, FL 33134 Telephone: (786) 879-8200 Facsimile: (786) 879-7520 E-mail: mweekes@milberg.com - and - Gary M. Klinger, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 227 W. Monroe Street, Suite 2100 Chicago, IL 60606 Telephone: (866) 252-0878 E-mail: gklinger@milberg.com DANONE WATERS: Dotson Suit Removed to C.D. California ----------------------------------------------------- The case styled as Michael Dotson, individually and on behalf of all others similarly situated v. Danone Waters of America, LLC, Case No. 24STCV04928 was removed from the Superior Court of the County of Los Angeles, to the U.S. District Court for the Central District of California on March 25, 2024. The District Court Clerk assigned Case No. 2:24-cv-02445-RGK-MAA to the proceeding. The nature of suit is stated as Other Fraud. Danone -- https://www.danone.com/ -- is a leading multi-local food and beverage company.[BN] The Plaintiff is represented by: Todd M. Friedman, Esq. Adrian Robert Bacon, Esq. LAW OFFICES OF TODD FRIEDMAN PC 21031 Ventura Blvd Suite 340 Woodland Hills, CA 91364 Phone: (323) 306-4234 Fax: (866) 633-0228 Email: tfriedman@toddflaw.com abacon@toddflaw.com The Defendant is represented by: Jesse Colin Medlong, Esq. George John Gigounas, Esq. DLA PIPER LLP 555 Mission Street Suite 2400 San Francisco, CA 94105 Phone: (415) 836-2594 Fax: (415) 659-7370 Email: jesse.medlong@dlapiper.com george.gigounas@us.dlapiper.com DAYTON-PHOENIX GROUP: Peters Sues Over Machine Operators' Unpaid OT ------------------------------------------------------------------- VALERIE PETERS, on behalf of herself and all others similarly situated, Named Plaintiff v. DAYTON-PHOENIX GROUP, INC., Defendant, Case No. 3:24-cv-00090-WHR-CHG (S.D. Ohio, March 21, 2024) arises from the Defendant's failure to pay Plaintiff and other similarly situated employees overtime wages as well as failure to comply with all other requirements of the Fair Labor Standards Act of 1938, the Ohio Prompt Pay Act, and Ohio unjust enrichment common law. Plaintiff Peters has been working for Defendant primarily as a machine operator from approximately the beginning of 2011 until the present. Allegedly, Defendant shortchanged its non-exempt employees, including Plaintiff, and failed to pay overtime compensation through unlawful practices that do not pay all overtime hours worked at one and one-half times their regular hourly rates for hours more than 40 hours per workweek. Dayton-Phoenix Group manufactures and supplies electrical and locomotive components to the industrial and railroad markets through its manufacturing facilities in Ohio and Indiana. [BN] The Plaintiff is represented by: Daniel I. Bryant, Esq. BRYANT LEGAL, LLC 4400 N. High St., Suite 310 Columbus, OH 43214 Telephone: (614) 704-0546 Facsimile: (614) 573-9826 E-mail: dbryant@bryantlegalllc.c - and - Esther E. Bryant, Esq. BRYANT LEGAL, LLC 3450 W Central Ave., Suite 370 Toledo, OH 43606 Telephone: (419) 824-4439 Facsimile: (419) 932-6719 E-mail: Ebryant@bryantlegalllc.com - and - Joseph F. Scott, Esq. Ryan A. Winters, Esq. SCOTT & WINTERS LAW FIRM, LLC 50 Public Square, Suite 1900 Cleveland, OH 44113 Telephone: (216) 912-2221 Facsimile: (440) 846-1625 E-mail: jscott@ohiowagelawyers.com rwinters@ohiowagelawyers.com - and - Kevin M. McDermott II, Esq. SCOTT & WINTERS LAW FIRM, LLC Telephone: (216) 912-2221 Facsimile: (440) 846-1625 11925 Pearl Rd., Suite 310 Strongsville, OH 44136 E-mail: kmcdermott@ohiowagelawyers.com DELAWARE COUNTY, PA: Johnson Sues Over First Amendment Violations ----------------------------------------------------------------- ALBERT JOHNSON, SR., individually and on behalf of others similarly situated, Plaintiff v. Delaware County Pennsylvania, Jail Oversight Board of Delaware County Pennsylvania, George W. Hill Correctional Facility, Kevin Madden, individually and in his official capacity as Delaware County Councilman and Chair of the Jail Oversight Board, Laura Williams, Warden - individually and in her official capacity as chief administrator of the George W. Hill Correctional Facility, Cheyenne Marquette, individually and in her official capacity as Human Resources Manager of the George W. Hill Correctional Facility, Defendants, Case No. 2:24-cv-01214 (E.D. Pa., March 21, 2024) arises out of the unlawful and hostile violation of Plaintiffs' rights under the First Amendment by Defendants since Defendants subjected and/or caused to be subjected Plaintiffs to the deprivation of myriad rights, privileges, and immunities secured by the Constitution and laws. According to the complaint, by refusing, failing, and neglecting to deduct dues from the members of the Delaware County Prison Employees Independent Union, even after receiving more than one hundred 100 signed cards directing her to do so, Defendants deprived them of their Constitutional right to freedom of speech, freedom of association, and freedom to petition under the First Amendment of the United States Constitution. Delaware County Pennsylvania is a public entity duly organized and existing pursuant to the laws of the Commonwealth of Pennsylvania with a business address at 201 West Front Street, Media, PA. It operates and maintains the George Hill Correctional Facility located in Delaware County, PA. [BN] The Plaintiff is represented by: Timothy J. Prol, Esq. DEREK SMITH LAW GROUP, PLLC 1835 Market Street, Suite 2950 Philadelphia, PA 19103 Telephone: (267) 857-0834 E-mail: tim@dereksmithlaw.com DIDI GLOBAL: Court Denies Dismissal Bid in Securities Class Suit ---------------------------------------------------------------- Shearman & Sterling LLP of JD Supra reports that on March 14, 2024, Judge Lewis Kaplan of the United States District Court for the Southern District of New York denied defendants' motions to dismiss a putative class action against a China-based ride hailing company, certain of its officers and directors, and the underwriters of the company's IPO, asserting claims under the Securities Act of 1933 and the Securities Exchange Act of 1934. In re Didi Global Inc. Sec. Litig., 2024 WL 1119483 (S.D.N.Y. Mar. 14, 2024). Plaintiffs alleged that the company omitted from its filings in connection with its New York Stock Exchange ("NYSE") IPO that the Chinese government had directed it to postpone its IPO, with the Chinese government imposing penalties after the company allegedly disregarded this directive. The Court held that plaintiffs' allegations were adequate to state a claim with respect to nearly all of their asserted claims. Plaintiffs alleged that the Chinese government directed the company to postpone its IPO, purportedly until the company resolved various cybersecurity policies and privacy issues, and that when the company chose to go ahead with the IPO despite receiving these directives, the Chinese government prohibited the company from signing up new customers and was ultimately forced to delist its shares from the NYSE. Id. at *2. The announcement of the Chinese government's actions allegedly caused the company's stock price to fall to approximately 14% of the IPO price. Id. at *2-3. The Court first held that plaintiffs' Securities Act claims against the company largely sounded in fraud and therefore needed to be assessed pursuant to the same heightened pleading standard applicable to the Exchange Act claims. Id. at *5-6. The Court observed that the Securities Act claims against the company were nearly identical to the Exchange Act claims and that, despite plaintiffs' attempt to disclaim allegations of fraud in pleading the Securities Act claims, the underlying conduct at issue was still the same with respect to both sets of claims. Id. With respect to plaintiffs' Securities Act claims against the company's officers, directors, and underwriters, however, the Court concluded that these allegations did not sound in fraud and would be assessed under the more lenient notice pleading standard, because plaintiffs did not allege as a basis for their Securities Act claims against those defendants that they had actual knowledge of the Chinese government's directive in advance of the IPO. Id. at *6. The Court then explained that plaintiffs met the heightened pleading standard with respect to their Securities Act claims against the company. Id. at *6-7. The Court held that plaintiffs specifically and adequately alleged the company was directed to postpone its IPO, alleging that Chinese government officials met in person with the company and directed the company to postpone the IPO until the company had completed a cybersecurity review. Id. at *6. The Court noted that plaintiffs cited news articles reporting these details and credited plaintiffs' contention that the speed at which the company was sanctioned following the IPO also supported the allegation that the company had been told to postpone the IPO but failed to disclose this in the offering materials for the IPO. Id. at *7. The Court held that this omission was material. The Court rejected defendants' argument that the company had no obligation to disclose the specific directive at issue because it generally disclosed that there was a risk of government penalties if the company failed to comply with laws or regulations. Id. at *8. The Court explained that this general risk disclosure was inadequate because it failed to warn about the specific risks the company could face if it disregarded the Chinese government's specific directive regarding the IPO. Id. The Court further held that plaintiffs adequately alleged an actionable omission under Regulation S-K Items 303 and 105. With respect to Item 303, the Court emphasized that it requires disclosure of known trends and uncertainties, that it specifically requires foreign private issuers to disclose "pertinent governmental economic, fiscal, monetary, or political policies or factors that have materially affected or could materially affect, directly or indirectly, its operations," and that disclosure is required unless the company determines that the trend or uncertainty "is not reasonably likely to occur." Id. at *9. The Court held that disclosure was required under Item 303 because plaintiffs plausibly alleged that the company was reasonably likely to be sanctioned by the Chinese government and that such sanctions were reasonably likely to have a material effect on the company. Id. at *10. For the same reasons, the Court concluded that plaintiffs' allegations were sufficient to allege an omission under Item 105, which requires the disclosure of "the material factors that make an investment in the registrant or offering speculative or risky." Id. Moreover, the Court concluded that this omission was also actionable because it rendered misleading the company's more general risk disclosures about potential regulatory risks, including disclosure of other contacts with Chinese regulators. Id. In addition, the Court held that alleged contractual misrepresentations the company made to the underwriters in the underwriting agreement for the IPO could support a claim under Section 11 of the Securities Act because the underwriting agreement was filed as an attachment to the registration statement. Id. at *11. The Court explained that, if statements in such documents attached to a registration statement were non-actionable, that could allow a company to include statements in its public filings "with an eye toward influencing investors without incurring Section 11 liability." Id. at *13. Thus, the Court held that the representations made in the underwriting agreement that the registration statement would not "omit to state a material fact," that the company had no undisclosed "governmental actions," and that the company was "in material compliance with all applicable laws," were actionable based on the same underlying factual allegations supporting plaintiffs' other claims. Id. at *13-14. Moreover, while the Court held that statements in the underwriting agreement did not support a claim under Section 12 of the Securities Act—because Section 12 relates to misrepresentations in a prospectus and the underwriting agreement was not filed with the prospectus—the Court declined to dismiss the Section 12 claim in light of similar allegations of material omission in the prospectus itself. Id. at *14. Turning to the Exchange Act claims, the Court held plaintiffs adequately pleaded scienter and loss causation. As to scienter, the Court concluded that the company and the officer and director defendants were plausibly alleged to have known about the Chinese government's directives and were also plausibly alleged to have the requisite motive and opportunity because they stood to make billions from the IPO. Id. at *16. While the Court noted that a generalized motive to earn a profit is not sufficient to allege scienter, the allegations here were sufficient to allege a concrete and personal benefit because the alleged omission related to the company's ability to go forward with an IPO at all and that, absent the IPO, it was possible that the Chinese government would not permit the company to raise capital. Id. The Court further held that, in the alternative, plaintiffs adequately alleged scienter on a theory of recklessness because the company defendants allegedly knew that proceeding with the IPO in disregard of the Chinese government's directive could be devastating to the company. Id. at *17-18. The Court further determined that plaintiffs adequately alleged loss causation based on (i) news reports regarding the Chinese government's pre-IPO communications with the company, which amounted to a corrective disclosure, and (ii) the Chinese government's regulatory actions and penalties, which were a materialization of an allegedly concealed risk and therefore amounted to a "constructive" disclosure. Id. at *18. The Court explained that, although this information was allegedly revealed over the course of several months, loss causation may be based on both "corrective and constructive disclosures, particularly where, as here, the full contours of the allegedly fraudulent omission emerged in dribs and drabs." Id. at *19. [GN] DOLLAR TREE INC: Garcia Suit Transferred to D. Maryland ------------------------------------------------------- The case captioned as Dylan Garcia, individually and on behalf of all others similarly situated v. Dollar Tree, Inc., Zeroed-In Technologies, LLC, Doe Defendants 1-100, Case No. 2:24-cv-00570 was transferred from the U.S. District Court for the Central District of California, to the U.S. District Court for the District of Maryland on March 21, 2024. The District Court Clerk assigned Case No. 1:24-cv-00872-BAH to the proceeding. The nature of suit is stated as Other P.I. for Personal Injury. Dollar Tree, Inc. -- https://www.dollartree.com/ -- is an American multi-price-point chain of discount variety stores.[BN] The Defendants are represented by: Daniel E. Raymond, Esq. ARNOLD & PORTER KAYE SCHOLER LLP 70 West Madison Street, Suite 4200 Chicago, IL 60602-4321 Phone: (312) 583-2379 Email: daniel.raymond@arnoldporter.com - and - Kenneth L Chernof, Esq. ARNOLD AND PORTER LLP 601 Massachusetts Avenue, N.W. Washington, DC 20001 Phone: (202) 942-5000 Fax: (202) 942-5999 Email: ken.chernof@arnoldporter.com - and - Meagan VanderWeele, Esq. GORDON REES SCULLY MANSUKHANI One North Franklin, Suite 800 Chicago, IL 60606 Phone: (312) 619-4931 Fax: (312) 565-6511 Email: mvanderweele@grsm.com DP DREAM PAIRS: Sookul Files ADA Suit in S.D. New York ------------------------------------------------------ A class action lawsuit has been filed against DP Dream Pairs Inc. The case is styled as Sanjay Sookul, on behalf of himself and all others similarly situated v. DP Dream Pairs Inc., Case No. 1:24-cv-02181 (S.D.N.Y., March 22, 2024). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Dream Pairs -- https://www.dreampairshoes.com/ -- brings fashionable and comfortable shoes, sandals, heels, boots, flats, sneakers and more for women and kids.[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 DRAY STAFF INC: Miranda Sues Over Failure to Pay Minimum Wages -------------------------------------------------------------- Diego Miranda, and other similarly situated aggrieved employees v. DRAY STAFF, INC.; DANIEL LINARES; and DOES 1 to 25, inclusive, Case No. 24STCV07036 (Cal. Super. Ct., Los Angeles Cty., March 20, 2024), is brought for failure to compensate for all hours worked; failure to pay minimum wages; failure to pay overtime; failure to provide accurate itemized wage statements; failure to pay wages owed every pay period; failure to give rest breaks; failure to give meal breaks; failure to reimburse for business expenses; Private Attorneys General Act ("PAGA"); failure to provide personnel records; failure to provide pay records; and violation of Business and Professions Code. The Defendants violated Labor because it failed to pay Plaintiff and other similarly situated aggrieved employees for all hours worked, including the statutory minimum wage for all hours worked and for "off the clock" work. This is so because Plaintiff was not paid for all hours worked. In fact, in a pay period in November/December 2023, Plaintiff's paycheck reflected that he worked under 40 hours in the week, even though he worked over 40 hours. Plaintiff brought up the discrepancy to the company, however, nothing was done to rectify the issue. As such, Plaintiff was not paid for all hours worked, which is a minimum wage violation, says the complaint. The Plaintiff started working at DRAY STAFF in or around mid-2023 as a driver and machine operator. DRAY STAFF, INC. is a California corporation, doing business in the County of Los Angeles, State of California, and which employed Plaintiff.[BN] The Plaintiff is represented by: Harout Messrelian, Esq. MESSRELIAN LAW INC. 500 N. Central Ave., Suite 840 Glendale, CA 91203 Phone: (818) 484-6531 Facsimile: (818) 956-1983 DRIL-QUIP INC: Steamfitters Sues Over Breach of Fiduciary Duties ---------------------------------------------------------------- STEAMFITTERS LOCAL 449 PENSION FUND, on behalf of itself and all others similarly situated, Plaintiff v. DRIL-QUIP, INC., TERRENCE B. JUPP, CARRI A. LOCKHART, JOHN V. LOVOI, AMY B. SCHWETZ, DARRYL K. WILLIS, INNOVEX DOWNHOLE SOLUTIONS, INC., and AMBERJACK CAPITAL PARTNERS, L.P., Defendants, Case No. 2024-0284 (Del. Ch., March 21, 2024) asserts that Dril-Quip's board of directors breached their fiduciary duties for tacking on unreasonable entrenching provisions to an all-stock merger with Innovex Downhole Solutions, Inc. and that Amberjack and Innovex have aided and abetted those breaches. Among other things, the merger's stockholders agreement requires that Amberjack must vote in favor of the incumbent Board's nominees at the Dril-Quip's 2025 annual stockholder meeting. Moreover, this incumbent voting requirement will severely disenfranchise stockholders because locking up Amberjack's 43% voting block makes any dissident challenge practically impossible. Additionally, the agreement also prohibits Amberjack from selling its shares to any activist investor as long as it maintains at least 10% of the Dril-Quip's outstanding common stock. Accordingly, Plaintiff, on behalf of itself and similarly situated stockholders of Dril-Quip, seeks an injunction enjoining the enforcement of the incumbent voting requirement and the anti-activism transfer restrictions. Headquartered in Houston, TX, Innovex Downhole Solutions, Inc.is engaged in the business of designing, manufacturing, selling, and rental of oilfield equipment. [BN] The Plaintiff is represented by: Ned Weinberger, Esq. Mark D. Richardson, Esq. Brendan W. Sullivan, Esq. 222 Delaware Ave., Suite 1510 Wilmington, DE 19801 Telephone: (302) 573-2540 E-mail: nweinberger@labaton.com mrichardson@labaton.com bsullivan@labaton.com - and - Domenico Minerva, Esq. John Vielandi, Esq. LABATON KELLER SUCHAROW LLP 140 Broadway New York, NY 10005 Telephone: (212) 907-0700 - and - Jeremy Friedman, Esq. David Tejtel, Esq. Lindsay La Marca FRIEDMAN OSTER & TEJTEL PLLC 493 Bedford Center Road, Suite 2D Bedford Hills, NY 10507 Telephone: (888) 529-1108 - and - Joel Fleming, Esq. Amanda Crawford, Esq. EQUITY LITIGATION GROUP LLP 101 Arch Street, 8th Floor Boston, MA 02110 Telephone: (617) 468-8602 DSV AIR: Fails to Pay Proper Wages, Chan Suit Alleges ----------------------------------------------------- RODOLFO CHAN; MATTHEW PEREZ; and JOSE VACA, individually and on behalf of all others similarly situated, Plaintiffs v. DSV AIR & SEA, INC.; and DOES 1-50, inclusive, Defendants, Case No. 24STCV06592 (Cal. Super., Los Angeles Cty., March 15, 2024) is an action against the Defendants for failure to pay minimum wages, overtime compensation, provide meals and rest periods, and provide accurate wage statements. The Plaintiffs were employed by the Defendants as staffs. DSV AIR & SEA, INC. is a transport and logistics company offering global transport services by road, air, sea and train. [BN] The Plaintiffs are represented by: Nazo Koulloukian, Esq. Hilary Silvia, Esq. KOUL LAW FIRM, APC 3435 Wilshire Blvd., Suite 1710 Los Angeles, CA 90010 Telephone: (213) 761-5484 Facsimile: (818) 561-3938 Email: nazo@koullaw.com hilary@koullaw.com DUKE UNIVERSITY: Appeals Denied Dismissal Bid in Franklin Suit -------------------------------------------------------------- DUKE UNIVERSITY, et al. are taking an appeal from a court order denying their motion to dismiss the lawsuit entitled Joy G. Franklin, individually and on behalf of all others similarly situated, Plaintiff, v. Duke University, et al., Defendants, Case No. 1:23-cv-00833-CCE-JLW, in the U.S. District Court for the Middle District of North Carolina. As previously stated in the Class Action Reporter, the lawsuit is brought against the Defendant for violations of the Employee Retirement Income Security Act of 1974. Plaintiff Franklin accuses the Defendants of unlawfully shortchanging retirees of the Employees' Retirement Plan of Duke University by millions of dollars through their use of outdated mortality tables. By using outdated mortality tables to calculate joint and survivor annuities and pre-retirement survivor annuities for Plan participants prior to July 1, 2023, the Defendants allegedly harmed the financial security of its former employees and their loved ones, to the Defendants' financial gain. On Dec. 8, 2023, the Defendants filed a motion to dismiss for failure to state a claim. On Dec. 28, 2023, the Plaintiff filed a motion to certify class. On Jan. 2, 2024, the Defendants filed a joint motion to stay class certification, which the Court granted through an Order entered by Chief District Judge Catherine C. Eagles on Jan. 3, 2024. The Plaintiff's motion to certify class was withdrawn. On Feb. 29, 2024, the Court denied the Defendants' motion to dismiss the Plaintiff's Sec. 1132(a)(2) claims for lack of subject matter jurisdiction and to compel arbitration of the Sec. 1132(a)(3) claims. The Defendants' motion to dismiss for failure to state a claim remains under advisement. The appellate case is captioned Joy G. Franklin v. Duke University, et al., Case No. 24-1205, in the United States Court of Appeals for the Fourth Circuit, filed on March 11, 2024. [BN] EASTERN RADIOLOGISTS: Jones et al. Seek Damages Over Data Breach ---------------------------------------------------------------- GENEVIEVE JONES, ELAINE QUITTKAT, JAMIE PERKINS and LYNN CAVERLY, on behalf of all others similarly situated v. EASTERN RADIOLOGISTS, INC., Case No. 4:24-cv-49 (E.D.N.C., March 20, 2024) accuses the Defendants of failing to safeguard patients' personal information, resulting in a data breach. The Plaintiffs' personally identifiable information (PII) and protected health information (PHI) was compromised in a data breach caused by a cyberattack on Defendant's IT systems which occurred between November 20, 2023 and November 24, 2023. The Defendant only began notifying those affected by the data breach, including Plaintiffs, on March 4, 2024, three months after discovering the incident. The Plaintiffs allege that Defendant failed to safeguard patients' PII and PHI and failed to provide timely notice of the data breach. The Plaintiffs and other individuals affected by the data breach are, and remain, at risk of harm for identity theft, identity fraud, and/or medical fraud. Thus, the Plaintiffs seek damages for negligence, negligence per se, breach of implied contract, unjust enrichment, invasion of privacy, violation of the North Carolina Unfair Trade Practices Act, and violation of the North Carolina Identity Theft Protection Act. Eastern Radiologists, Inc. is a healthcare services provider based in Greenville, NC. [BN] The Plaintiffs are represented by: David M. Wilkerson, Esq. THE VAN WINKLE LAW FIRM 1 N. Market Street Asheville, NC 28801 Telephone: (828) 258-2991 Facsimile: (828) 257-2767 E-mail: dwilkerson@vwlawfirm.com - and - Eduard Korsinsky, Esq. Mark S. Reich, Esq. LEVI & KORSINSKY, LLP 33 Whitehall Street, 17th Floor New York, NY 10004 Telephone: (212) 363-7500 Facsimile: (212) 363-7171 E-mail: ek@zlk.com mreich@zlk.com ELECTRIC FETUS: Beauchamp Files ADA Suit in S.D. New York --------------------------------------------------------- A class action lawsuit has been filed against The Electric Fetus Company. The case is styled as Kevin Beauchamp, on behalf of himself and all others similarly situated v. The Electric Fetus Company, Case No. 1:24-cv-02217 (S.D.N.Y., March 25, 2024). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Electric Fetus -- https://electricfetus.com/ -- is a retail store featuring recorded disks, clothing, jewelry, accessories, housewares, and unique gifts.[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 ERIE BASIN: Erkan Files ADA Suit in E.D. New York ------------------------------------------------- A class action lawsuit has been filed against Erie Basin, LLC. The case is styled as Nihal Erkan, on behalf of herself and all others similarly situated v. Erie Basin, LLC, Case No. 1:24-cv-02136 (E.D.N.Y., March 25, 2024). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Erie Basin -- https://eriebasin.com/ -- opened in 2006 and quickly became an international destination for its thoughtful and surprisingly modern selection of antique jewelry and furniture.[BN] The Plaintiff is represented by: Mars Khaimov, Esq. 14749 71st Ave. Flushing, NY 11367 Phone: (917) 915-7415 Email: mars@khaimovlaw.com ESHAVE LLC: Liz Files ADA Suit in S.D. New York ----------------------------------------------- A class action lawsuit has been filed against Eshave, LLC. The case is styled as Pedro Liz, on behalf of himself and all others similarly situated v. Eshave, LLC, Case No. 1:24-cv-02183 (S.D.N.Y., March 22, 2024). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. eShave -- https://eshave.com/ -- carries a selection of wholesale men's grooming products, personal care products, grooming products, 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 ESSENCE DE BEAUT: Erkan Files ADA Suit in E.D. New York ------------------------------------------------------- A class action lawsuit has been filed against Essence De Beaut, Inc. The case is styled as Nihal Erkan, on behalf of herself and all others similarly situated v. Essence De Beaut, Inc., Case No. 1:24-cv-02137-NRM-TAM (E.D.N.Y., March 25, 2024). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Essence de Beaute -- https://essencedebeaute.com/ -- offers products that quickly and gently rejuvenate skin texture and tone without the irritation of expensive commercial products.[BN] The Plaintiff is represented by: Mars Khaimov, Esq. 14749 71st Ave. Flushing, NY 11367 Phone: (917) 915-7415 Email: mars@khaimovlaw.com EVOLV TECHNOLOGIES: Raby Sues Over Exchange Act Violation --------------------------------------------------------- Gerald Raby, Individually and on behalf of all others similarly situated v. EVOLV TECHNOLOGIES HOLDINGS, INC. F/K/A NEWHOLD INVESTMENT CORP., PETER GEORGE, MARIO RAMOS, MARK DONOHUE, KEVIN CHARLTON, and ADAM DEUTSCH, Case No. 1:24-cv-10761 (D. Mass., March 25, 2024), is brought on behalf of persons or entities who purchased or otherwise acquired publicly traded Evolv securities between June 28, 2021 and March 13, 2024, inclusive (the "Class Period"), seeking to recover compensable damages caused by Defendants’ violations of the federal securities laws under the Securities Exchange Act of 1934 (the "Exchange Act"). The statements made by the Defendants were materially false and/or misleading because they misrepresented and failed to disclose the following adverse facts pertaining to the Company’s business, operations and prospects, which were known to Defendants or recklessly disregarded by them. Specifically, Defendants made false and/or misleading statements and/or failed to disclose that: Evolv materially overstated the efficacy of its products; the lack of effectiveness of Evolv’s products with regard to detecting knives and guns led to an increased risk of undetected weapons entering locations such as schools; Evolv deceived the general public, its customers, and its investors regarding the effectiveness of its products; and as a result, Defendants’ statements about its business, operations, and prospects, were materially false and misleading and/or lacked a reasonable basis at all relevant times, says the complaint. The Plaintiff purchased Evolv securities during the Class Period and was economically damaged thereby. Evolv describes itself as a "leader in Artificial Intelligence ("AI")-based weapons detection for security screening.[BN] The Plaintiff is represented by: Joshua Baker, Esq. Phillip Kim, Esq. Laurence M. Rosen, Esq. THE ROSEN LAW FIRM, P.A. 275 Madison Avenue, 40th Floor New York, NY 10016 Phone: (212) 686-1060 Fax: (212) 202-3827 Email: jbaker@rosenlegal.com pkim@rosenlegal.com lrosen@rosenlegal.com FERRARI NA: Nechev Sues Over Defective Brake System of Vehicles --------------------------------------------------------------- ILIYA NECHEV, Individually and on Behalf of All Others Similarly Situated, Plaintiff v. FERRARI NORTH AMERICA, INC., a Delaware Corporation; FERRARI S.P.A.; ROBERT BOSCH, LLC, a Delaware Corporation; and ROBERT BOSCH GMBH, Defendants, Case No. 3:24-cv-00516-JO-MSB (S.D. Cal., March 18, 2024) arises from the Defendants' defective braking system of certain vehicles and asserts claims for fraud by concealment or omission, negligent misrepresentation, unjust enrichment, breach of implied warranty of merchantability, and for violations of the Song-Beverly Consumer Warranty Act, California's Consumer Legal Remedies Act and California's Unfair Competition Law. Plaintiff Nechev purchased a used 2010 Ferrari 458 Italia, in December 2020 from Ferrari of Washington, an authorized Ferrari dealership, located at 45235 Towlern Place, Sterling, VA. Allegedly, Defendants failed to disclose that the said vehicle suffers from the brake defect and omitted the existence of the brake defect from the materials provided to the general public and consumers of that vehicle. Ferrari NA is the wholly owned North American subsidiary of Ferrari SpA. Ferrari NA is responsible for marketing, sales, distribution, repairs, replacements, regulatory compliance, and management of Ferrari's authorized dealership network and is responsible for all things Ferrari within the United States.[BN] The Plaintiff is represented by: Michael J. Flannery, Esq. CUNEO GILBERT & LADUCA, LLP Two CityPlace Drive St. Louis, MO 63141 Telephone: (314) 226-1015 E-mail: mflannery@cuneolaw.com - and - Gary K. Burger, Esq. BURGER LAW, LLC 500 North Broadway Suite 1860 St. Louis, MO 63102 Telephone: (314) 542-2222 E-mail: gary@burgerlaw.com - and - Charles J. LaDuca, Esq. Alexandra C. Warren, Esq. CUNEO GILBERT & LADUCA, LLP 4725 Wisconsin Avenue, NW Suite 200 Washington, DC 20016 Telephone: (202) 789-3960 E-mail: charles@cuneolaw.com awarren@cuneolaw.com - and - James E. Cecchi, Esq. Caroline F. Bartlett, Esq. Jordan M. Steele, Esq. CARELLA BYRNE CECCHI BRODY & AGNELLO, P.C. 5 Becker Farm Road Roseland, NJ 07068 Telephone: (973) 994-1700 E-mail: jcecchi@carellabyrne.com cbartlett@carellabyrne.com jsteele@carellabyrne.com - and - Zachary S. Bower, Esq. CARELLA BYRNE CECCHI BRODY & AGNELLO, P.C. 2222 Ponce De Leon Blvd. Miami, FL 33134 Telephone: (973) 994-1700 E-mail: zbower@carellabyrne.com - and - W. Daniel "Dee" Miles, III, Esq. H. Clay Barnett, III, Esq. Mitchell Williams, Esq. Dylan T. Martin, Esq. BEASLEY ALLEN CROW METHVIN PORTIS & MILES, P.C. 218 Commerce St Montgomery, AL 36104 Telephone: (334) 269-2343 E-mail: dee.miles@beasleyallen.com clay.barnett@beasleyallen.com mitch.williams@beasleyallen.com dylan.martin@beasleyallen.com FIDELITY NATIONAL: Tillis Suit Transferred to M.D. Florida ---------------------------------------------------------- The case styled as Teneika Tillis, individually an on behalf of all others similarly situated v. FIDELITY NATIONAL FINANCIAL, INC.; AND LOANCARE, LLC, Case No. 5:23-cv-02537 was transferred from the U.S. District Court for the Central District of California, to the U.S. District Court for the Middle District of Florida on March 21, 2024. The District Court Clerk assigned Case No. 3:24-cv-00285-MMH-PDB to the proceeding. The nature of suit is stated as Other Statutory Actions. Fidelity National Financial, Inc. -- https://www.fnf.com/ -- is an American provider of title insurance and settlement services to the real estate and mortgage industries.[BN] The Plaintiff is represented by: Abbas Kazerounian, Esq. David J. McGlothlin, Esq. Mona Amini, Esq. KAZEROUNI LAW GROUP, APC 245 Fischer Avenue, Unit D1 Costa Mesa, CA 92626 Phone: (800) 400-6808 Facsimile: (800) 520-5523 Email: ak@kazlg.com david@kazlg.com mona@kazlg.com - and - Timothy G. Blood, Esq. Jennifer L. MacPherson, Esq. BLOOD HURST & O'REARDON, LLP 501 West Broadway, Suite 1490 San Diego, CA 92101 Phone: (619) 338-1100 Facsimile: (619) 338-1101 Email: tblood@bholaw.com jmacpherson@bholaw.com The Defendant is represented by: Adriane Kayoko Peralta, Esq. SIDLEY AUSTIN LLP 350 South Grand Avenue Los Angeles, CA 90071 Phone: (213) 896-6000 FIT FOODS: Mencia-Montes Balks at Mislabeled Whey Protein Products ------------------------------------------------------------------ RUBEN MENCIA-MONTES, individually and on behalf of all other persons similarly situated, Plaintiff v. FIT FOODS DISTRIBUTION INC., Defendant, Case No. 5:24-cv-01768-NC (N.D. Cal., March 21, 2024) arises from the Defendants' false, deceptive, and misleading food product label statements, which violated the Federal Food, Drug, and Cosmetic Act and the state Unfair and Deceptive Acts and Practices Statutes and/or Consumer Protection Acts, including California's False Advertising Law and Consumers Legal Remedies Act. Allegedly, its "Mass Extreme 2500" product in a systematically misleading manner, by misrepresenting that this product has a specific amount of protein that it does not in fact contain. The product's front labels plainly state that they are fortified with 92 grams of protein. Despite Defendant's representations, however, the product only contains 30 grams of protein (per one serving with water) or 60 grams of protein (per two servings with water per day), says the suit. Based in White House, TN, Fit Foods Distribution Inc. formulates, manufactures, advertises and sells the popular "Mutant" supplements that offer a wide range of products for muscle growth, fat loss, wellness and performance, throughout the United States. [BN] The Plaintiffs are represented by: L. Timothy Fisher, Esq. BURSOR & FISHER, P.A. 1990 North California Blvd., Suite 940 Walnut Creek, CA 94596 Telephone: (925) 300-4455 Facsimile: (925) 407-2700 E-mail: ltfisher@bursor.com - and - Adrian Gucovschi, Esq. GUCOVSCHI ROZENSHTEYN, PLLC. 140 Broadway, Suite 4667 New York, NY 10005 Telephone: (212) 884-4230 Facsimile: (212) 884-4230 E-mail: adrian@gr-firm.com FODERA GUITAR: Beauchamp Files ADA Suit in S.D. New York -------------------------------------------------------- A class action lawsuit has been filed against Fodera Guitar Partners, LLC. The case is styled as Kevin Beauchamp, on behalf of himself and all others similarly situated v. Fodera Guitar Partners, LLC, Case No. 1:24-cv-02213 (S.D.N.Y., March 25, 2024). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Fodera -- https://fodera.com/ -- specializes in making fully customizable, hand crafted electric basses and guitars.[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 FOOD LION: Jura Seeks Damages Over Deceptive Product Labeling ------------------------------------------------------------- PATRICK JURA, individually and on behalf of all others similarly situated v. FOOD LION LLC, Case No. 1:24-cv-00808-GLR (D. Md., March 19, 2024) accuses the Defendant of violating the Maryland Consumer Protection Act. This action arises from Defendant's alleged use of false, deceptive, and/or misleading labeling regarding its Fruit & Grain Cereal Bars product sold under its Food Lion brand. The product's packaging states that the product is "Blueberry Naturally Flavored" and "Made with Real Fruit Flavored Filling". These claims are false and deceptive as the product uses artificial flavoring ingredients to simulate its filling's blueberry taste. This fact is not disclosed on the front label or the fine print on the back or side in the ingredient list. Based on the ingredient list, the filling contains more artificial blueberry flavor than natural blueberry flavor, says the suit. As a result of Defendant's misrepresentations and omissions, Plaintiff was allegedly injured and suffered damages by paying a premium price for the product. Food Lion LLC is a retail grocery store chain headquartered in Salisbury, N.C. [BN] The Plaintiff is represented by: Spencer Sheehan, Esq. Sheehan & Associates P.C. 60 Cuttermill Rd Ste 412 Great Neck NY 11021 Telephone: (516) 268-7080 E-mail: spencer@spencersheehan.com FOOTWEAR UNLIMITED: Sookul Files ADA Suit in S.D. New York ---------------------------------------------------------- A class action lawsuit has been filed against Footwear Unlimited, Inc. The case is styled as Sanjay Sookul, on behalf of himself and all others similarly situated v. Footwear Unlimited, Inc., Case No. 1:24-cv-02166 (S.D.N.Y., March 22, 2024). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Footwear Unlimited, Inc. -- https://footwearunlimited.com/ -- manufactures and retails footwear. The Company operates out of Missouri and serves customers and clients throughout the United States.[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 FREEDOM FROM PAIN: Blalock Files TCPA Suit in W.D. Oklahoma ----------------------------------------------------------- A class action lawsuit has been filed against Freedom From Pain Institute LLC. The case is styled as Carrol Blalock, individually on behalf of all others similarly situated v. Freedom From Pain Institute LLC, Case No. 5:24-cv-00294-R (W.D. Okla., March 22, 2024). The lawsuit is brought over alleged violation of the Telephone Consumer Protection Act for Restrictions of Use of Telephone Equipment. Freedom From Pain Institute LLC is dedicated to education & treatment of chronic pain patterns; offering CE hours, MAT courses & MMT certifications.[BN] The Plaintiff is represented by: Manuel S Hiraldo, Esq. HIRALDO PA 401 E Las Olas Blvd., Suite 1400 Fort Lauderdale, FL 33301 Phone: (954) 400-4713 Email: mhiraldo@hiraldolaw.com FRESENIUS MEDICAL: Court Denies Dismissal Bid in Unpaid Wages Suit ------------------------------------------------------------------ Mike Vilensky of Bloomberg Law reports that a former Fresenius Medical Care Holdings Inc. nurse can proceed with his proposed federal class action lawsuit over allegedly unpaid wages, even as a similar suit takes place in state court, a federal judge said. The company, one of the nation's largest kidney dialysis providers, and subsidiary, Bio-Medical Applications of California Inc., failed to persuade the US District Court for the District of Massachusetts that Jonathan Azurin's lawsuit should be dismissed or paused until a ruling comes down in a separate proposed class action against the companies, Calderon v. Bio-Medical Applications of Mission Hills. [GN] FRESENIUS VASCULAR CARE: Banks Files Suit in E.D. Pennsylvania -------------------------------------------------------------- A class action lawsuit has been filed against Fresenius Vascular Care, Inc. The case is styled as Tyrone Banks, individually and on behalf of all others similarly situated v. Fresenius Vascular Care, Inc. d/b/a Azura Vascular Care, Case No. 2:24-cv-01195-MMB (E.D. Pa., March 20, 2024). The nature of suit is stated as Other Contract for Breach of Fiduciary Duty. Fresenius Vascular Care, Inc. doing business as Azura Vascular Care -- https://www.azuravascularcare.com/ -- specializes in minimally invasive outpatient procedures for the treatment & management of a wide range of vascular conditions.[BN] The Plaintiff is represented by: Andrea Bonner, Esq. SHUB & JOHNS LLC 200 Barr Harbor Drive, Suite 400 Conshohocken, PA 19428 Phone: (610) 477-8380 Email: abonner@shublawyers.com - and - Samantha E. Holbrook, Esq. Benjamin F. Johns, Esq. SHUB & JOHNS LLC Four Tower Bridge 200 Barr Harbor Drive, Suite 400 West Conshohocken, PA 19428 Phone: (610) 477-8380 Email: sholbrook@shublawyers.com bjohns@shublawyers.com FTS USA LLC: Monroe Suit Transferred to M.D. Pennsylvania --------------------------------------------------------- The case styled as Edward Monroe, Fabian Moore, Timothy Williams, on behalf of, themselves and all other similarly situated employees v. FTS USA, LLC, UniTek USA, LLC, Case No. 2:22-mc-00047 was transferred from the U.S. District Court for the Eastern District of Pennsylvania, to the U.S. District Court for the Middle District of Pennsylvania on March 25, 2024. The District Court Clerk assigned Case No. 1:24-mc-00243-CCC to the proceeding. The nature of suit is stated as Motion to Quash. FTS USA, a UniTek Global Services Company, provides engineering services, cable installation, maintenance, splicing, sweep, certification, balancing, disconnect and customer service to the evolving cable television industry.[BN] The Plaintiff is represented by: Krysten Leigh Connon, Esq. Sarah R. Schalman-Bergen, Esq. LICHTEN & LISS-RIORDAN 729 Boylston St 2000 Boston, MA 02116 Phone: (617) 994-5800 Email: kconnon@llrlaw.com ssb@llrlaw.com - and - Patrick J. Troy, Esq. SIRLIN, LESSER & BENSON, PC 123 S. Broad St., Ste. 2100 Philadelphia, PA 19109 Phone: (215) 864-9700 Email: ptroy@sirlinlaw.com - and - Rachhana T. Srey, Esq. NICHOLS KASTER PLLP 80 S. 8th Street, Suite 4600 Minneapolis, MN 55402 Phone: (612) 256-3239 The Defendant is represented by: Colin D. Dougherty, Esq. FOX ROTHSCHILD LLP 980 Jolly Road P.O. Box 3001., Ste. 110 Blue Bell, PA 19422-3001 Phone: (610) 397-6500 Fax: (610) 397-0450 Email: cdougherty@foxrothschild.com G8 EDUCATION: Settles Shareholder Class Action for $46.5-Million ---------------------------------------------------------------- Business News Australia reports that Slater and Gordon Lawyers has secured a $46.5 million settlement from childcare provider G8 Education (ASX: GEM) after launching a class action more than three years ago on behalf of shareholders who suffered losses from an earnings downgrade in 2017. The class action, launched on behalf of lead plaintiffs Paul and Monika Allen, had been due to go to trial in the Victorian Supreme Court in three weeks. While G8 says the settlement has been reached "without admission of liability", the company concedes that a commercial settlement is "in the best interests of G8 and its shareholders". Slater and Gordon brought the class action against G8 following losses suffered by shareholders when the company downgraded its earnings guidance for calendar 2017 on 4 December 2017, and subsequently on 26 February 2018 when it officially announced its earnings result. The class action alleged G8 had engaged in misleading or deceptive conduct and breached its continuous disclosure obligations based on the earnings guidance it provided the market on 23 May 2017 and 21 August 2017. In its original statement of claim, Slater and Gordon had alleged that when G8 made its May 2017 earnings forecast it knew it faced an increase in costs as a result of regulatory changes affecting staffing levels at the time. As such, the firm alleged that G8 knew it was unlikely to increase its occupancy rate to the level required to meet the May 2017 forecast and did not alert shareholders to that fact. In a joint statement, Paul and Monika Allen have described the settlement as "a good outcome for group members who invested in G8 shares". "All companies listed on the ASX should comply with their duties and obligations to disclose information that is material to the market. We are pleased with this outcome," they say. The settlement is now subject to court approval. G8 estimates the net cash impact after tax and insurance contributions from the $46.5 million settlement will be about $24.5 million. "The available indemnity from G8's insurers and existing provisions will be applied to the settlement payment and there will be no profit and loss impact to the group's expected 2024 financial results," says the Gold Coast-based company. Slater and Gordon also reveals that the G8 class action was the first in Victoria in which the court made a "group costs order", which was set at 27.5 per cent. The order, made by Justice Lisa Nichols on 26 November 2021, allows the legal costs of the lead plaintiffs and group members to be calculated as a percentage of any award or settlement reached in the proceeding. "We are pleased to have been able to reach this outcome for group members before the matter proceeded to a trial that was expected to last seven weeks or more," says Slater and Gordons's class actions senior associate Kathryn Browne. [GN] GABOR SMATKO: Makuc Files Suit in D. Arizona -------------------------------------------- A class action lawsuit has been filed against Gabor Smatko, et al. The case is styled as Mary Makuc, and all similarly situated persons v. Gabor Smatko, Monica Smatko, Mobilityless LLC, Epizontech LLC, Fountainmoons LLC, Hillsunion LLC, Mobilitytrend LLC, Mogavike2020 LLC; Unknown Parties named as: John Does I-X, Case No. 2:24-cv-00633-ROS (D. Ariz., March 22, 2024). The nature of suit is stated as Other Fraud for Racketeering (RICO) Act.[BN] The Plaintiff is represented by: Adam Deutsch, Esq. Northeast Law Group LLC P.O. Box 60717 Longmeadow, MA 01106 Phone: (413) 285-3646 - and - Yitzchak Zelman, Esq. MARCUS & ZELMAN LLC - ASBURY PARK, NJ 701 Cookman Ave., Ste. 300 Asbury Park, NJ 07712 Phone: (732) 695-3282 Fax: (732) 298-6256 Email: yzelman@marcuszelman.com GALDERMA LABORATORIES: Williams Sues Over Sale of Unsafe Acne Cream ------------------------------------------------------------------- SKYLAR WILLIAMS, individually and on behalf of all others similarly situated, Plaintiff v. GALDERMA LABORATORIES, L.P., Defendant, Case No. 1:24-cv-02222 (N.D. Ill., March 18, 2024) arises from Defendant's manufacturing, distribution, advertising, marketing and sale of Differin brand acne cream products that contain the active ingredient benzoyl peroxide, which degrades over time, directly into benzene, a carcinogenic impurity that has been linked to leukemia and other cancers. The presence of benzene in these acne cream products renders them adulterated and misbranded, and therefore illegal to sell under both federal and state law. As a result, these products are unsafe and illegal to sell under federal law, and therefore worthless. Although Defendant lists both active and inactive ingredients on the products' labels, benzene is not among those ingredients listed. Thus, Defendant misrepresents that these products do not contain benzene, or otherwise Defendant fails to disclose that the Products contain benzene, says the suit. Headquartered in Dallas, TX, Galderma Laboratories, L.P. is a Texas limited partnership that markets, distributes, and sells acne brand cream products. [BN] The Plaintiff is represented by: Gary M. Klinger, Esq. Russell M. Busch, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 227 W. Monroe Street, Suite 2100 Chicago, IL 60606 Telephone: (866) 252-0878 E-mail: gklinger@milberg.com rbusch@milberg.com - and - Nick Suciu III, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 6905 Telegraph Rd., Suite 115 Bloomfield Hills, MI 48301 Telephone: (313) 303-3472 E-mail: nsuciu@milberg.com - and - J. Hunter Bryson, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 405 E 50th Street New York, NY 10022 Telephone: (630) 796-0903 E-mail: hbryson@milberg.com - and - Luis Cardona, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 1311 Ponce de Leon Avenue San Juan, PR 00907 Telephone: (516) 862-0194 Ext 5861. E-mail: lcardona@milberg.com - and - Philip L. Fraietta, Esq. BURSOR & FISHER, P.A. 1330 Avenue of the Americas, 32nd Floor New York, NY 10019 Telephone: (646) 837-7150 Facsimile: (212) 989-9163 E-mail: pfraietta@bursor.com GATE CITY BANK: Churlik Appeals Case Dismissal to 8th Circuit ------------------------------------------------------------- TRACILEE CHURLIK is taking an appeal from a court order dismissing her lawsuit entitled Tracilee Churlik, individually and on behalf of all others similarly situated, Plaintiff, v. Gate City Bank, Defendant, Case No. 0:23-cv-00637-WMW, in the U.S. District Court for the District of Minnesota. The lawsuit, which was removed from the Morrison County to the U.S. District Court for the District of Minnesota, is brought against the Defendant for (1) breach of contract, including breach of the implied covenant of good faith and fair dealing; (2) unjust enrichment; and (3) violations of the Minnesota Consumer Fraud Act (MCFA). On July 19, 2023, the Defendant filed a motion to dismiss for failure to state a claim, which the Court granted through an Order entered by Judge Wilhelmina M. Wright on Feb. 6, 2024. The Court found no ambiguity as to the plain meaning of the Account Agreement's terms. Because the contract claim fails, the Plaintiff's claims for breach of implied covenant of good faith and fair dealing, unjust enrichment, and violations of the MCFA also fail. The appellate case is captioned Tracilee Churlik v. Gate City Bank, Case No. 24-1495, in the United States Court of Appeals for the Eighth Circuit, filed on March 11, 2024. The briefing schedule in the Appellate Case states that: -- Transcript is due on or before April 22, 2024; -- Appendix is due on April 30, 2024; -- Appellant Tracilee Churlik's brief is due on April 30, 2024; and -- Appellee brief is due 30 days from the date the court issues the Notice of Docket Activity filing the brief of appellant. [BN] Plaintiff-Appellant TRACILEE CHURLIK, individually and on behalf of all others similarly situated, is represented by: Kate M. Baxter-Kauf, Esq. Karen Riebel, Esq. LOCKRIDGE & GRINDAL 100 Washington Avenue, S., Suite 2200 Minneapolis, MN 55401 Telephone: (612) 339-6900 - and - Christopher Duran Jennings, Esq. JENNINGS, PLLC P.O. Box 25972 Little Rock, AR 72221 Telephone: (501) 247-6267 - and - James Gerard Stranch, IV, Esq. STRANCH & JENNINGS Suite 200, Freedom Building 223 Rosa L. Parks Avenue Nashville, TN 37203 Telephone: (615) 254-8801 - and - Lynn A. Toops, Esq. COHEN & MALAD One Indian Square, Suite 1400 Indianapolis, IN 46204 Telephone: (317) 636-6481 Defendant-Appellee GATE CITY BANK is represented by: Bradley R. Bultman, Esq. LARSON & KING 30 E. Seventh Street, Suite 2800 Saint Paul, MN 55101 Telephone: (651) 312-6500 - and - Sarah N. Davis, Esq. James R. McGuire, Esq. ORRICK & HERRINGTON 405 Howard Street San Francisco, CA 94105 Telephone: (415) 619-3421 (415) 619-3415 - and - Lauren L. Erker, Esq. ORRICK & HERRINGTON 777 S. Figueroa Street, Suite 3200 Los Angeles, CA 91344 Telephone: (310) 424-3916 GEICO: Seeks to File Class Cert Opposition Under Seal ----------------------------------------------------- In the class action lawsuit captioned as MAO-MSO RECOVERY II, LLC, SERIES PMPI, et al., v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, et al., Case No. 8:17-cv-00964-TDC (D. Md.), the Defendants request that the Court grant their motion and allow them to file the opposition under seal with a redacted version of the opposition to be filed at a later date. The Defendants contend that they have met and conferred with the Plaintiffs, and the Plaintiffs do not object to (1) sealing the unredacted copy of the Opposition that has been filed; and (2) filing a publicly available version of the Opposition with confidential information redacted. However, because the Opposition contains information that both sides have designated as confidential under the Protective Order, the parties will need to meet and confer as to which portions of the Opposition can be made public once Plaintiffs have had an opportunity to review the Opposition. On March 19, 2018, the Court entered a Protective Order governing the designation and use of confidential information exchanged in the litigation. Government Employees Insurance is a private American auto insurance company headquartered in Chevy Chase, Maryland. A copy of the Defendants' motion dated March 19, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=lBWQBl at no extra charge.[CC] The Defendants are represented by: Laura A. Cellucci, Esq. Joseph L. Beavers, Esq. Michael L. Haslup, Esq. Alexander P. Creticos, Esq. MILES & STOCKBRIDGE P.C. 100 Light Street Baltimore, MD 21202 Telephone: (410) 727-6464 E-mail: lcellucci@milesstockbridge.com jbeavers@milesstockbridge.com mhaslup@milesstockbridge.com acreticos@milesstockbridge.com GEN DIGITAL INC: Cordon Suit Removed to C.D. California ------------------------------------------------------- The case styled as Francisco Cordon, on behalf of himself and all other similarly situated v. Gen Digital, Inc. erroneously sued as Norton Lifelock Inc., Does 1-20, Case No. 24STCV04070 was removed from the Los Angeles Superior Court, to the U.S. District Court for the Central District of California on March 25, 2024. The District Court Clerk assigned Case No. 2:24-cv-02434-RGK-MAA to the proceeding. The nature of suit is stated as Other Contract for Contract Default. Gen Digital Inc. -- https://www.gendigital.com/ -- is a multinational software company co-headquartered in Tempe, Arizona and Prague, Czech Republic.[BN] The Plaintiff is represented by: John K. Ly, Esq. LIANG LY LLP 601 South Figueroa Street Suite 1950 Los Angeles, CA 90017 Phone: (213) 262-8000 Fax: (213) 335-7776 Email: jly@lianglyllp.com The Defendant is represented by: Artin Betpera, Esq. Adeline Tungate, Esq. BUCHALTER, A PROFESSIONAL CORPORATION 18400 Von Karman Avenue Suite 800 Irvine, CA 92612 Phone: (949) 760-1121 Fax: (949) 720-0182 Email: abetpera@buchalter.com atungate@buchalter.com GERSON LEHRMAN: Hansen Files Suit in S.D. New York -------------------------------------------------- A class action lawsuit has been filed against Gerson Lehrman Group, Inc. The case is styled as Wesley Hansen, on behalf of himself and all others similarly situated v. Gerson Lehrman Group, Inc., Case No. 1:24-cv-02194 (S.D.N.Y., March 22, 2024). The nature of suit is stated as Other Personal Property for Personal Injury. Gerson Lehrman Group, Inc. (GLG) -- http://glginsights.com/-- is a financial and global information services company headquartered in New York City.[BN] The Plaintiff is represented by: Mason Adams Barney, Esq. SIRI & GLIMSTAD LLP 745 Fifth Avenue, Suite 500 New York, NY 10151 Phone: (212) 532-1091 Email: mbarney@sirillp.com GERSON LEHRMAN: Whelan Sues Over Cyberattack and Data Breach ------------------------------------------------------------ Frederick F. Whelan, Jr. Douglas R. Emerick, and Jason Albert, on behalf of themselves individually and on behalf of all others similarly situated v. GERSON LEHRMAN GROUP, INC., Case 1:24-cv-02202 (S.D.N.Y., March 25, 2024), is brought arising from a recent cyberattack resulting in a data breach of sensitive information in the possession and custody and/or control of Defendant (the "Data Breach"). The Data Breach resulted in the unauthorized disclosure, exfiltration, and theft of consumers’ highly personal information, including names and Social Security numbers, ("personal identifying information" or "PII"). GLG Data Breach not only affects current and former employees and job applicants, but also affects consumers who had no direct employment or client relationship with GLG, never sought one, and never consented to GLG collecting and storing their information. On information and belief, the Data Breach occurred on November 12, 2023. However, GLG did not become aware of suspicious activity on its network until February 5, 2024, an appalling 85 days after the Data Breach had first begun. On March 12, 2024, GLG finally notified state Attorneys General and many putative Class Members about the widespread Data Breach ("Notice Letter"). GLG waited over a month after discovering the Data Breach before informing Class Members, even though Plaintiffs and a staggering 152,621 Class Members had their most sensitive personal information accessed, exfiltrated, and stolen, causing them to suffer ascertainable losses in the form of the loss of the benefit of their bargain and the value of their time reasonably incurred to remedy or mitigate the effects of the attack. The Defendant’s failure to timely detect and report the Data Breach made its employees, applicants, and consumers vulnerable to identity theft without any warnings to monitor their financial accounts or credit reports to prevent unauthorized use of their PII. Defendant knew or should have known that each victim of the Data Breach deserved prompt and efficient notice of the Data Breach and assistance in mitigating the effects of PII misuse. In failing to adequately protect Plaintiffs’ and the Class’s PII, failing to adequately notify them about the breach, and by obfuscating the nature of the breach, Defendant violated state and federal law and harmed an unknown number of its current and former employees, applicants and consumers, says the complaint. The Plaintiffs are Data Breach victims. GLG touts itself to be the "world’s largest insight network" and works with "thousands of clients, companies, and experts to develop the world’s most robust compliance framework for primary research."[BN] The Plaintiff is represented by: James Bilsborrow, Esq. WEITZ & LUXENBERG, PC 700 Broadway New York - and - Samuel J. Strauss, Esq. Raina Borrelli, Esq. TURKE & STRAUSS LLP 613 Williamson Street, Suite 201 Madison, WI 53703 Phone: (608) 237-1775 Facsimile: (608) 509-4423 Email: sam@turkestrauss.com raina@turkestrauss.com GLOBALTRANZ ENTERPRISES: Melin Seeks Overtime Pay Under FLSA ------------------------------------------------------------ David Melin v. GlobalTranz Enterprises LLC, and WWEX Franchise Holdings, LLC, Case No. 2:24-cv-00610-JZB (D. Ariz., March 20, 2024) is a class action accusing the Defendants of violating the overtime provisions of the Fair Labor Standards Act. The Plaintiff worked for Defendants as a "salaried" carrier sales representative from July 8, 2022 to June 28, 2023. He alleges that Defendants failed to compensate him and other similarly situated employees for all overtime hours worked despite consistently working more than 40 hours per week, in violation of the FLSA. Headquartered in Dallas, TX, GlobalTranz Enterprises LLC provides technology-driven logistics services & supply chain management solutions. [BN] The Plaintiff is represented by: Nicholas J. Enoch, Esq. Clara S. Bustamante, Esq. Margot Veranes, Esq. LUBIN & ENOCH, P.C. 349 North Fourth Avenue Phoenix, AZ 85003-1505 Telephone: (602) 234-0008 Facsimile: (602) 626-3586 E-mail: nick@lubinandenoch.com clara@lubinandenoch.com margot@lubinandenoch.com GRBAC ENTERPRISES: Faces Garcia and Raftery Wage & Hour Suit ------------------------------------------------------------ MADELINE GARCIA and DANIELLE RAFTERY v. GRBAC ENTERPRISES LLC aka THE CLEANING AUTHORITY OF SOLON and ELVIS GRBAC, Case No. 1:24-cv-00509 (N.D. Ohio, March 19, 2024) is a class action seeking unpaid minimum and overtime wages under the Fair Labor Standards Act. The Plaintiffs worked for Defendants within the last three years, performing cleaning or maid duties in various households throughout Northeast Ohio. The Plaintiffs allege that over the past three years, Defendants have engaged in practices and policies of not paying Plaintiffs and similarly situated employees for all time for which they were on the clock, not paying them for off-the-clock-work, and failing to pay overtime wages for all work performed more than 40 hours per week, in violation of the FLSA and the Ohio Revised Code. GRBAC ENTERPRISES LLC offers house cleaning services and is headquartered in Ohio. [BN] The Plaintiffs are represented by: Stephan I. Voudris, Esq. VOUDRIS LAW LLC 8401 Chagrin Road, Suite 8 Chagrin Falls, OH 44023 Telephone: (440) 543-0670 Facsimile: (440) 543-0721 E-mail: svoudrislaw.com csams@voudrislaw.com GREAT AMERICAN: Freeman Sues Over Unpaid Wages, Illegal Tip Credit ------------------------------------------------------------------ MARY FREEMAN, on behalf of herself and all others similarly situated v. THE GREAT AMERICAN DREAM, INC. d/b/a PIN UPS, SLICKVIC'S LLC d/b/a SLICK VIC ENTERTAINMENT, ASHLEY FOWLER and VICTOR DAVIDSON, individually, Case No. 1:24-cv-01198-TWT (N.D. Ga., March 19, 2024) accuses the Defendants of violating the Fair Labor Standards Act. The Plaintiff worked for Defendants as a dancer at Pin Ups for approximately 20 years until her termination in November 2023. The Defendants allegedly failed to properly compensate Plaintiff and similarly situated employees and failed to allow Plaintiff and other dancers to retain all of their tips. In the last three years, the Plaintiff was compensated solely through customer tips and was not paid minimum wage or overtime by Defendants. Further, Defendants misappropriated and retained a portion of Plaintiff's tips without providing Plaintiff with a tip credit notice. The Defendants also failed to keep records of the weekly or monthly amounts of tips received by Plaintiff and other dancers nor the time they worked at Pin Ups, says the suit. The Great American Dream, Inc. is engaged in the adult entertainment business and operates under the name "Pin Ups" located in Decatur, GA. [BN] The Plaintiff is represented by: Beth A. Moeller, Esq. MOELLER BARBAREE LLP 1175 Peachtree Street NE, Suite 1850 Atlanta, GA 30361 Telephone: (404) 748-9122 E-mail: bmoeller@moellerbarbaree.com - and - Justin M. Scott, Esq. Jake Knanishu, Esq.. RADFOR SCOTT LLP 160 Clairemont Avenue, Suite 610 Decatur, GA 30030 Telephone: (404) 400-3600 Facsimile: (478) 575-2590 E-mail: jscott@radfordscott.com jknanishu@radfordscott.com GREENSBORO COLLEGE: Hedgecock Seeks Damages Over Data Breach ------------------------------------------------------------ ABIGAIL HEDGECOCK, individually and on behalf of all others similarly situated v. GREENSBORO COLLEGE, Case No. 1:24-cv-00243 (M.D.N.C., March 19, 2024) accuses the Defendant of failing to protect Plaintiff's private information, resulting in a data breach. This action arises from a ransomware attack that hit Defendant's computer system wherein Plaintiff's private information was illegally accessed and exfiltrated by cyberthieves. The Defendant first became aware of the data breach on or around August 2023 but only notified the affected individuals approximately six months later on or around February 29, 2024. The Plaintiff alleges that the data breach was a direct result of Defendant's failure to implement adequate and reasonable cyber-security procedures and protocols necessary to safeguard Plaintiff's and Class member's private information. As a result of the data breach, Plaintiff and Class members suffered injury and ascertainable losses and face the present and imminent threat of fraud and identity theft. Plaintiff accuses Defendant of negligence, negligence per se, breach of implied contract, and unjust enrichment. Greensboro College is a liberal arts college located in Greensboro, NC. [BN] The Plaintiff is represented by: Scott C. Harris, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 900 W. Morgan Street Raleigh, NC 27603 Telephone: (919) 600-5003 E-mail: sharris@milberg.com - and - Bryan L. Bleichner, Esq. Philip Krzeski, Esq. CHESTNUT CAMBRONNE PA 100 Washington Avenue South, Suite 1700 Minneapolis, MN 55401 Telephone: (612) 339-7300 Facsimile: (612) 336-2940 E-mail: bbleichner@chestnutcambronne.com pkrzeski@chestnutcambronne.com GREENSBORO COLLEGE: Stewart Sues Over Private Data Breach --------------------------------------------------------- ALBERTA STEWART, on behalf of herself and all others similarly situated, Plaintiff v. GREENSBORO COLLEGE, INC., Defendant, Case No. 1:24-cv-00260-WO-LPA (M.D.N.C., March 21, 2024) arises from a recent cyberattack resulting in a data breach of sensitive information in the possession and custody and/or control of Defendant and asserts claims for negligence, negligence per se, breach of contract, unjust enrichment, and for violations of the North Carolina Unfair Trade Practices Act. The said data breach occurred on August 10, 2023. However, Greensboro did not become aware of suspicious activity on its network until August 17, 2023, and cybercriminals had unfettered access to its network system until August 21, 2023. On February 29, 2024 -- or over six months after the data breach was discovered -- Greensboro finally began notifying the data breach victims. As a result, Defendant's failure to timely detect and report the data breach made the victims vulnerable to identity theft without any warnings to monitor their financial accounts or credit reports to prevent unauthorized use of their personally identifiable information, says the suit. Greensboro College is a private liberal arts college located in Greensboro, NC. It employs 45 full-time faculty who teach 38 majors and more than 1,000 different courses. [BN] The Plaintiff is represented by: Scott C. Harris, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 900 W. Morgan Street Raleigh, NC 27603 Telephone: (919) 600-5003 E-mail: sharris@milberg.com - and - Samuel J. Strauss, Esq. Raina C. Borrelli, Esq. TURKE & STRAUSS LLP 613 Williamson St., Suite 201 Madison, WI 53703 Telephone (608) 237-1775 Facsimile: (608) 509-4423 E-mail: sam@turkestrauss.com raina@turkestrauss.com GREENVINE INSURANCE: Ramsay Files TCPA Suit in N.D. Georgia ----------------------------------------------------------- A class action lawsuit has been filed against Greenvine Insurance LLC. The case is styled as Twanya Ramsay, individually and on behalf of all others similarly situated v. Greenvine Insurance LLC, Case No. 1:24-cv-01264-JPB (N.D. Ga., March 24, 2024). The lawsuit is brought over alleged violation of the Telephone Consumer Protection Act for Restrictions of Use of Telephone Equipment. GreenVine -- https://www.greenvinegrp.com/ -- is a dedicated holding company with expertise in investment and business acquisition, propelling enterprises towards their next phase of growth.[BN] The Plaintiff is represented by: Anthony Paronich, Esq. PARONICH LAW, P.C. 350 Lincoln St., Suite 2400 Hingham, MA 02043 Phone: (615) 485-0018 Email: anthony@paronichlaw.com - and - Steven Howard Koval, Esq. THE KOVAL FIRM, LLC Building 15, Suite 120 3575 Piedmont Rd. Atlanta, GA 30305 Phone: (404) 513-6651 Fax: (404) 549-4654 Email: Steve@KovalFirm.com GROUND EFFECTS: Fails to Pay Proper Wages, Jordan Suit Alleges -------------------------------------------------------------- TALMESHIA JORDAN, individually and on behalf of all others similarly situated, Plaintiff v. GROUND EFFECTS LLC, a Delaware limited liability company, Defendant, Case No. 2:24-cv-10727-SDK-EAS (E.D. Mich., March 21, 2024) seeks to recover unpaid wages, liquidated damages, interest, attorney's fees, costs, and other relief as appropriate under the Fair Labor Standards Act and the common law claim of unjust enrichment. The Plaintiff was employed to work on the manufacturing of truck beds which required the use of specific tools, including drills and glue. Defendant required Plaintiff to wear company-issued protective clothing during her work shifts for her safety. The Defendant, however, did not pay him for the time she spent each day in donning and doffing the personal protective equipment and prepping her tools and cleaning her station before and after her work shifts, says the Plaintiff. Ground Effects LLC is a Delaware limited liability company that manufactures automotive products and provides solutions for OEM-level vehicle accessorization in a production environment. [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. Kathryn E. Milz, Esq. SOMMERS SCHWARTZ, P.C. 1 Towne Sq., 17th Floor Southfield, MI 48375 Telephone: (248) 355-0300 E-mail: kstoops@sommerspc.com kmilz@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 GUNDERSEN LUTHERAN: Appeals Remand Order in Doe Suit to 7th Cir. ---------------------------------------------------------------- GUNDERSEN LUTHERAN HEALTH SYSTEM, INC. is taking an appeal from a court order remanding the lawsuit entitled John Doe, individually and on behalf of all others similarly situated, Plaintiff, v. Gundersen Lutheran Health System, Inc., Defendant, Case No. 3:23-cv-00694-wmc, pending in the U.S. District Court for the Western District of Wisconsin. In this putative class action, Plaintiff John Doe claims that Defendants Gundersen Lutheran Health System, Inc., as well as Does 1-20, allowed the use of tracking technologies in Gundersen's patient portal website to transmit personally identifiable information and protected health information to third parties without patients' consent in violation of their statutory and common law medical privacy rights. The Plaintiff originally filed this action in the Circuit Court of La Crosse County on Sept. 7, 2023, but Gundersen removed it to federal district court under 28 U.S.C. Section 1442(a)(1), commonly referred to as the "federal officer removal statute." On Nov. 6, 2023, the Plaintiff filed a motion to remand the case to state court, which the Court granted through an Order entered by District Judge William M. Conley on Feb. 8, 2024. The Court finds that because Gundersen has failed to show that it was "acting under" the government, it has thus failed to show all four requirements for removal under 28 U.S.C. Sec. 1442(a)(1); removal is not appropriate under that statute. Accordingly, the court granted the Plaintiff's motion and remanded the case to state court. The appellate case is captioned Doe v. Gundersen Lutheran Health System, Inc., Case No. 24-1378, in the United States Court of Appeals for the Seventh Circuit, filed on March 12, 2024. The briefing schedule in the Appellate Case states that: -- Appellant Gundersen Lutheran Health System, Inc.'s docketing statement was due on March 18, 2024; -- Transcript information sheet was due on March 26, 2024; and -- Appellant Gundersen Lutheran Health System, Inc.'s brief is due on or before April 22, 2024. [BN] Plaintiff-Appellee JOHN DOE, individually and on behalf of all others similarly situated, is represented by: Nicole Ramirez Jones, Esq. KIESEL LAW LLP 8648 Wilshire Boulevard Beverly Hills, CA 90211 Telephone: (310) 854-4444 - and - Samuel J. Strauss, Esq. TURKE & STRAUSS, LLP 613 Williamson Street Madison, WI 53703 Telephone: (608) 237-1775 Defendant-Appellant GUNDERSEN LUTHERAN HEALTH SYSTEM, INC. is represented by: Kendall W. Harrison, Esq. GODFREY & KAHN S.C. One E. Main Street P.O. Box 2719 Madison, WI 53703 Telephone: (608) 284-2627 - and - Amy Lynn Lenz, Esq. BAKER & HOSTETLER LLP One N. Wacker Drive Chicago, IL 60606 Telephone: (312) 416-6200 HB USA HOLDINGS: Thorne Sues Over Blind-Inaccessible Website ------------------------------------------------------------ Braulio Thorne, on behalf of himself and all other persons similarly situated, v. HB USA HOLDINGS, INC., Case No. 1:24-cv-02239-PAE (S.D.N.Y., March 25, 2024), is brought against the Defendant for its failure to design, construct, maintain, and operate its interactive website to be fully accessible to and independently usable by Plaintiff and other blind or visually-impaired persons. The Defendant’s denial of full and equal access to its website, and therefore denial of its products and services offered thereby, is a violation of Plaintiff’s rights under the Americans with Disabilities Act ("ADA"). Because Defendant's interactive website, https://hudabeauty.com/us/en, including all portions thereof or accessed thereon (collectively, the "Website" or "Defendant’s website"), is not equally accessible to blind and visually-impaired consumers, it violates the ADA. Plaintiff seeks a permanent injunction to cause a change in Defendant’s corporate policies, practices, and procedures so that Defendant’s website will become and remain accessible to blind and visually-impaired consumers. By failing to make its Website available in a manner compatible with computer screen reader programs, Defendant deprives blind and visually-impaired individuals the benefits of its online goods, content, and services—all benefits it affords nondisabled individuals thereby increasing the sense of isolation and stigma among those persons that Title III was meant to redress, says the complaint. The Plaintiff is a visually-impaired and legally blind person who requires screen-reading software to read website content using his computer. HB USA HOLDINGS, INC., operates the Huda Beauty online retail store, as well as the Huda Beauty interactive Website and advertises, markets, and operates in the State of New York and throughout the United States.[BN] The Plaintiff is represented by: Dana L. Gottlieb, Esq. Michael A. LaBollita, Esq. Jeffrey M. Gottlieb, Esq. GOTTLIEB & ASSOCIATES PLLC 150 East 18th Street, Suite PHR New York, NY 10003 Phone: 212.228.9795 Fax: 212.982.6284 Email: Dana@Gottlieb.legal Michael@Gottlieb.legal Jeffrey@Gottlieb.legal HEALTHCARE SOLUTIONS: UHG Files Bid to Quash Subpoena ----------------------------------------------------- The case captioned as Adam Ailion, individually and on behalf of a class of all others similarly situated v. Healthcare Solutions Team, LLC, Case No. 21-cv-6231 was motioned to squash from the United States District Court for the Northern District of Illinois, to the United States District Court for the District of Minnesota on March 22, 2024, and assigned Case No. 0:24-mc-00017-DJF. Pursuant to Federal Rules of Civil Procedure 26 and 45 and other applicable legal authority, non-party UnitedHealth Group Incorporated ("UHG") hereby moves the Court for an order granting its Motion to Quash Plaintiff's Subpoena in Ailion v. Healthcare Solutions Team, LLC, Case No. 21-cv-6231, pending in the Northern District of Illinois, awarding UHG its reasonable attorneys' fees and costs incurred in connection with the Subpoena and this Motion, and granting any other relief the Court deems just and appropriate..[BN] The Defendants are represented by: Jaime Stilson, Esq. DORSEY & WHITNEY LLP 50 South Sixth Street, Suite 1500 Minneapolis, MN 55402 Phone: (612) 340-2600 Facsimile: (612) 340-2868 Email: stilson.jaime@dorsey.com - and - Jeffrey A. Backman, Esq. Roy Taub, Esq. GREENSPOON MARDER LLP 200 East Broward Boulevard, Suite 1800 Fort Lauderdale, FL 33301 Phone: 954.491.1120 Email: jeffrey.backman@gmlaw.com roy.taub@gmlaw.com HEALTHINSURANCE.COM: Santana Sues Over WARN Act Violation --------------------------------------------------------- Jessica Santana, on behalf of herself and all others similarly situated v. HEALTHINSURANCE.COM, LLC, Case No. 8:24-cv-00750 (M.D. Fla., March 25, 2024), is brought against Defendant for violation of the Worker Adjustment and Retraining Notification Act (the "WARN Act") as a result of the Defendants failure to provide 60 days advance written notice and pay their wages and benefits for 60 days. The Plaintiffs were employees of Defendant who were terminated without cause on their part on or about February 22, 2024, or within 30 days thereof, as part of or as the reasonably expected consequence of a mass layoff or plant closing, which was effectuated by Defendant on or about that date. The Defendant failed to provide Plaintiffs with the 60 days advance written notice that is required by the WARN Act. In fact, Defendant provided Plaintiffs with 0 days of advance notice, says the complaint. The Plaintiff was an employee of the Defendant. The Defendant was a Florida limited liability company with its main office in Tampa, Florida.[BN] The Plaintiff is represented by: Brandon J. Hill, Esq. Luis A. Cabassa, Esq. Amanda E. Heystek, Esq. WENZEL FENTON CABASSA, P.A. 1110 North Florida Avenue, Suite 300 Tampa, FL 33602 Phone: (813) 337-7992 Fax: (813) 229-8712 Email: bhill@wfclaw.com lcabassa@wfclaw.com aheystek@wfclaw.com gdesane@wfclaw.com HEALTHTRUST WORKFORCE: Gaskin Sues Over Discrimination, Retaliation ------------------------------------------------------------------- YOLANDA GASKIN, and other similarly situated individuals v. HEALTHTRUST WORKFORCE SOLUTIONS, Case No. 0:24-cv-60431 (S.D. Fla., March 19, 2024) seeks damages for Defendant's alleged violations of the Civil Rights Act, the Americans with Disabilities Act, and the Florida Civil Rights Act of 1992. The Plaintiff, a professional Black, African American, disabled woman, was employed by Defendant as a Senior Program Manager from March 12, 2017, until her wrongful termination on March 30, 2023. The Plaintiff alleges that during her employment with Defendant, she was subjected to race, color, and disability/handicap discrimination, and retaliation. Based in Broward County, FL, HealthTrust Workforce Solutions is the largest healthcare managed services provider in the U.S. [BN] The Plaintiff is represented by: Tanesha W. Blye, Esq. LAW OFFICES OF T. WALLS BLYE, PLLC 66 West Flagler Street, Ste. 900 Miami, FL 33130 Telephone: (305) 482-1475 Assistant Phone: (305) 209-5779 Secondary Phone: (786) 796-1814 E-mail: tanesha@legalopinionusa.com - and – R. Martin Saenz, Esq. THE SAENZ LAW FIRM, PA 20900 NE 30th Avenue, Ste. 800 Aventura, FL 33180 Telephone: (305) 482-1475 E-mail: martin@legalopinionusa.com HELPING HANDS: Jordan Brings Claim for Labor Law Violations ----------------------------------------------------------- TRACIE JORDAN, on behalf of herself and others similarly situated v. HELPING HANDS HOME CARE OF COLUMBUS LLC, CONTINENTAL HOME HEALTH CARE INC., 1 AMAZING HOME HEALTH CARE LLC, MOHAMED HUSSIEN, and MOHAMED AHMED, Case No. 2:24-cv-01289-SDM-CMV (S.D. Ohio, March 20, 2024) accuses the Defendants of violating the Fair Labor Standards Act (FLSA) and Ohio labor laws. The Plaintiff worked as a home health aide for Defendants, providing companionship services, domestic services, home care, and other in-home services to Defendants' clients. The Plaintiff regularly worked more than 40 hours per week but Defendants failed to pay her one-and-one-half times her regular rate of pay for all overtime hours worked. The Defendants therefore failed to compensate Plaintiff and similarly situated employees overtime pay for all overtime hours worked as required by law. Further, Defendants did not compensate Plaintiff and other similarly situated employees travel time, including time spent traveling between clients. The Defendants also failed to provide Plaintiff with her last paycheck after termination, resulting in unpaid minimum wages, says the suit. Helping Hands Home Care of Columbus LLC provides home health care services and is based in Columbus, OH. [BN] The Plaintiff is represented by: Matthew J.P. Coffman, Esq. Adam C. Gedling, Esq. Kelsie N. Hendren, Esq. Tristan T. Akers, Esq. COFFMAN LEGAL, LLC 1550 Old Henderson Rd Suite #126 Columbus, OH 43220 Telephone: (614) 949-1181 Facsimile: (614) 386-9964 E-mail: mcoffman@mcoffmanlegal.com agedling@mcoffmanlegal.com khendren@mcoffmanlegal.com takers@mcoffmanlegal.com HILCO REDEVELOPMENT: April 11 Deadline Set for Claims Filing ------------------------------------------------------------ Heather Cherone, writing for wttw.com, reports that Chicagoans enveloped in the dust that blanketed much of Little Village in the early morning hours of April 11, 2020, after the botched implosion of the smokestack at the Crawford Power Plant face a deadline to submit a claim for a portion of a $12.25 million class action lawsuit. Edith Tovar, of the Little Village Environmental Justice Organization, said her organization expects approximately 130,000 people submit a claim for damages. Many who turned to the community group for help submitting their claims said they and their families had been plagued by respiratory illnesses since the implosion, Tovar added. "It was difficult to listen to these stories," Tovar said. Many of those who have their claims approved will likely get no more than $500, according to the lawyers who brought the suit on behalf of those who live and work in Little Village between 33rd Street and Kedzie Avenue west to Kilbourn Avenue, north to Cermak Road, east to Ogden Avenue, northeast to California Avenue, south to 26th Street, west to Sacramento Avenue, south to 31st Street, west to Kedzie Avenue, and south to 33rd Street. "That's such a low amount of money compared to the lasting impact of the implosion," Tovar said. Claims can be filed online at littlevillagesmokestack.com. When demolition crews used explosives to bring down the smokestack at the defunct coal power plant, near 33rd Street and Pulaski Road, a plume of dust coated six blocks of homes in Little Village just as the COVID-19 pandemic was beginning to slam Chicago. City officials with the Department of Buildings should have required the firms doing the work to get a new permit that allowed them to use explosives, according to a confidential report by the city's watchdog obtained by WTTW News. In addition, city health officials were warned 213 days before the demolition that the "dust from an event like this is almost cataclysmic," according to the watchdog's probe. Fifty-one days before the demolition, health officials were told that dust would be "an unpreventable byproduct" of the operation, according to the report. Former Mayor Lori Lightfoot rejected former Inspector General Joseph Ferguson's recommendation to fire Dave Graham, who was then an assistant commissioner in the Chicago Department of Public Health. In October 2023, under Mayor Brandon Johnson, Graham was promoted to director of environmental health and safety compliance for the department. Graham is responsible for managing the health department's environmental inspections and enforcement. Lightfoot also rejected Ferguson's recommendation to discipline Marlene Hopkins, who was the top official from the city's Buildings Department charged with overseeing the implosion of the smokestack at the former Crawford Power Plant in Little Village. Johnson nominated Hopkins to lead the Buildings Department earlier March. She must be confirmed by the Chicago City Council. It has been difficult for people who endured the botched implosion to see the people who greenlighted it be promoted, Tovar said. "It is disrespectful," Tovar said. "We have never had a chance to heal. April 11 was an environmental disaster that could have been prevented." Three firms involved in the implosion of the smokestack at the former Crawford Power Plant paid $370,000 to settle a lawsuit filed by Illinois Attorney General Kwame Raoul. In addition, city officials hit Hilco and two other firms involved in the implosion with 16 citations, which officials told the news media came with $68,000 in fines. Hilco paid $19,500 to resolve five citations, according to city records. Two other firms -- MCM Management and Controlled Demolition Inc. -- each paid an additional $17,000 to resolve citations related to the implosion. The renewed focus on the implosion comes just a few weeks before the fourth anniversary of the implosion. The Little Village Environmental Justice Organization is planning several events, including a community altar, Tovar said. The implosion prompted the Chicago City Council to adopt new laws and regulations on its books designed to improve the quality of air on Chicago's South and West sides, which is significantly more polluted than the air in wealthier neighborhoods, data shows. However, Johnson has yet to fulfill his campaign promise to ask the City Council to approve what he calls the Cumulative Impact Assessment Ordinance, which would allow the city to take into account the amount of existing air, water and soil pollution in a community -- not just what the proposed project is expected to add if it is approved -- when considering allowing additional polluting industries. Johnson campaigned on a platform that promised to put an end to what he called "literal sacrifice zones" -- neighborhoods home to Black and Latino Chicagoans where industrial firms are allowed to pollute the air, water and soil with impunity, making residents sick and degrading their quality of life. That ordinance will be based on an assessment the city was ordered to complete under the terms of an agreement reached by former Mayor Lori Lightfoot with the U.S. Department of Housing and Urban Development. That agreement required the city to stop allowing industrial businesses to continue to pollute the already dirty air, water and soil on Chicago's South and West sides. Ald. Maria Hadden (49th Ward), the chair of the Environmental Protection and Energy Committee, said she hoped to advance the measure sometime this summer. [GN] HOME DEPOT: Liu Suit Seeks Class Settlement Prelim. Approval ------------------------------------------------------------ In the class action lawsuit captioned as TRACEY LIU and KRISTIE RUDHAM, each individually and on behalf of all others similarly situated, v. HOME DEPOT U.S.A., INC., Case No. 2:23-cv-01217-JLR (W.D. Wash.), the Plaintiffs move this Court for entry of an order: 1. Granting preliminary approval of the proposed class action settlement set forth in the Settlement Agreement, attached as Exhibit 1; 2. Preliminarily certifying, for settlement purposes only, a settlement class that is comprised of: "All persons who, while in the state of California, purchased one or more products advertised as being subject to a purported discount on the Defendant's websites Blinds.com, JustBlinds.com, and AmericanBlinds.com from Jan. 26, 2020, to Dec. 5, 2023 ("California Settlement Subclass"); and "All persons who, while in the State of Washington, purchased one or more products advertised as being subject to a purported discount on the Defendant's websites Blinds.com, JustBlinds.com, and AmericanBlinds.com from Aug. 9, 2019, to Dec. 5, 2023 ("Washington Settlement Subclass")." 3. Preliminarily appointing the Plaintiffs Tracey Liu and Kristie Rudham as Class Representatives for settlement purposes; 4. Preliminarily appointing Dovel & Luner, LLP as Class Counsel; 5. Preliminarily finding that the terms of the Settlement are fair, reasonable and adequate, and comply with Rule 23(e) of the Federal Rules of Civil Procedure; and 6. Approving that the proposed Notice Plan complies with the requirements of Rule 23 and due process, and that the Notice is to be sent to the Settlement Class Members as set forth in the Settlement Agreement and pursuant to the deadlines in the Agreement. The Plaintiffs allege that when they made their purchases, the Defendant's website was advertising limited-time, percent-off discounts. But, the Plaintiffs allege, the Defendant "always offers discounts off the list prices it advertises," and, as a result, "the Products are never sold at the purported regular prices, and the sales are not limited in time." So, Plaintiffs allege, the Defendant's advertised discounts were not real discounts, and were instead false and misleading. The Plaintiffs both purchased window coverings from the Defendant for use in their homes. The Defendant sells custom blinds and shades through its websites, Blinds.com, AmericanBlinds.com, and JustBlinds.com. A copy of the Plaintiffs' motion dated March 19, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=7pJuCz at no extra charge.[CC] The Plaintiffs are represented by: Simon C. Franzini, Esq. Grace Bennett, Esq. DOVEL & LUNER, LLP 201 Santa Monica Blvd., Suite 600 Santa Monica, CA 90401 Telephone: (310) 656-7066 Facsimile: (310) 656-7069 E-mail: simon@dovel.com grace@dovel.com - and - Wright A. Noel, Esq. CARSON & NOEL, PLLC 20 Sixth Ave. NE Issaquah WA 98027 Telephone: (425) 395-7786 Facsimile: (425) 837-5396 E-mail: wright@carsonnoel.com HOMESITE INSURANCE: Kuffel Sues Over Debt Collection Practices -------------------------------------------------------------- CHRISTEN KUFFEL, individually and on behalf of all others similarly situated, Plaintiff v. HOMESITE INSURANCE COMPANY, Defendant, Case No. 24-001220-CI (Fla. Cir., Pinellas Cty., March 15, 2024) seeks to stop the Defendant's unfair and unconscionable means to collect a debt. HOMESITE INSURANCE COMPANY operates as an insurance services. The Company offers homeowners, renters, life, business, and flood insurance products and services. [BN] The Plaintiff is represented by: Jibrael S. Hindi, Esq. Jennifer G. Simil, Esq. Zane C. Hedaya, Esq. THE LAW OFFICES OF JIBRAEL S. HINDI 110 SE 6th Street, Suite 1744 Fort Lauderdale, FL 33301 Telephone: (954) 907-1136 Email: jibrael@jibraellaw.com jen@jibraellaw.com zane@jibraellaw.com HONDA MOTOR: Class Cert Bid Filing in Spencer Extended to June 28 ----------------------------------------------------------------- In the class action lawsuit captioned as Spencer v. Honda Motor Corp., Ltd. et al., Case No. 2:21-cv-00988 (E.D. Cal., Filed June 2, 2021), the Hon. Judge Troy L. Nunley entered an order extending the deadline for the Plaintiff to file his motion for class certification to June 28, 2024. The nature of suit states contract product liability. Honda is a Japanese manufacturer of motorcycles and a major producer of automobiles.[CC] HOWI INC: Liz Files ADA Suit in S.D. New York --------------------------------------------- A class action lawsuit has been filed against Howi, Inc. The case is styled as Pedro Liz, on behalf of himself and all others similarly situated v. Howi, Inc., Case No. 1:24-cv-02185 (S.D.N.Y., March 22, 2024). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Howi Inc. distributes, retails and wholesales the Parker Safety Razor, Taconic Shave, and other leading brands of men's grooming products.[BN] The Plaintiff is represented by: Gabriel Levy, Esq. GABRIEL A. LEVY, P.C. 1129 Northern Blvd., Suite 404 Manhasset, NY 11030 Phone: (516) 287-3458 Email: glevy@glpcfirm.com ICEBERG LEARNING WEST: Walz Sues Over Unpaid Overtime Wages ----------------------------------------------------------- Kathleen Walz, on behalf of herself and all others similarly situated v. ICEBERG LEARNING WEST LLC d/b/a LILY POND COUNTRY DAY SCHOOL, DAY ROSENBERG, EDWARD IMPERIOSI, CHRISTINE IMPERIOSI, JOHN DOES 1 – 5, and ABC CORPS. 1 – 5 (names being fictitious and previously unknown), Case No. 2:24-cv-04072 (D.N.J., March 21, 2024), is brought arising under the Fair Labor Standards Act of 1938 ("FLSA") and the New Jersey Wage and Hour Law ("NJWHL"), as a result of the failure of Defendants to pay Plaintiff all earned wages including overtime. The Defendants willfully violated the FLSA and the NJWHL by regularly requiring Plaintiff and other teachers to work more than 40 hours per week without paying an overtime premium, says the complaint. The Plaintiff was employed by Defendants as a pre-school teacher from April 2021 through December 1, 2023. Lily Pond is a preschool for infant through toddler aged children that has, upon information and belief, been operating since 1998.[BN] The Plaintiff is represented by: Alex A. Pisarevsky, Esq. COHN LIFLAND PEARLMAN HERRMANN & KNOPF LLP Park 80 West – Plaza One 250 Pehle Ave., Suite 401 Saddle Brook, NJ 07663 Phone: (201)845-9600 Email: ap@njlawfirm.com IDS PROPERTY: MSPA Class Suit Remanded to Florida Court ------------------------------------------------------- In the class action lawsuit captioned as MSPA Claims 1, LLC v. IDS Property Casualty Insurance Company, Case No. 1:23-cv-24265-BB (S.D. Fla.), the Hon. Judge Beth Bloom entered an order remanding case as follows: 1. The Plaintiff's motion to remand is granted. Thes case is remanded to the Circuit Court for the Eleventh Judicial Circuit for Miami-Dade County, Florida; 2. The Defendant's motion to dismiss state court complaint is denied as moot; 3. The Clerk of Court is directed to close this case; and 4. To the extent not otherwise disposed of, any scheduled hearings are canceled, all pending motions are denied as moot, and all deadlines are terminated. The Court concludes that, while remand is appropriate, the Defendant's basis for removal is not objectively unreasonable such that an award of attorney's fees is justified. The Defendant relied on Plaintiff's Demand Letter and pointed to the attorney's fees likely accrued in this action and in MSPA Claims. The court granted Plaintiff's motion for class certification, and certified the following class: "All non-governmental organizations (including, but not limited to MAOs, firsttier and downstream entities, and their assignees, collectively "Medicare Payers"), that provided Medicare benefits under Part C in the State of Florida to beneficiaries that were covered by IDS for No-Fault Benefits, for which IDS under a no- fault/PIP insurance policy had a primary obligation, and thus, had an affirmative duty to: (a) determine whether its insured were entitled to Medicare benefits under Part C to enable the proper coordination of benefits; (b) alert Medicare Payers of its primary obligation; and (c) prevent Medicare Payers from paying for accident-related medical items and services for which IDS has a primary obligation or reimburse them." The Plaintiff originally filed this action against the Defendant on Sept. 28, 2023. The Plaintiff's complaint asserts one Count for statutory bad faith against the Defendant pursuant to Florida Statutes § 626.9541(1)(i)(3)(a). Plaintiff alleges it is the current assignee of an assignment originally obtained from Florida Health Care Plus ("FHCP") to pursue claims against the Defendant for its failure to fully reimburse FHCP for conditional payments it made for treatment and services on behalf of a Medicare enrollee referred to as "M.A." M.A. was injured in a personal injury accident in January 2014 while enrolled in a "Medicare Advantage plan issued and administered by FHCP" as well as a "no-fault/PIP policy issued by Defendant." IDS offers property and casualty insurance services. A copy of the Court's order dated March 18, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=3QTJKv at no extra charge.[CC] IKEA US: Faces Class Suit Over Misrepresented Daybeds' Materials ---------------------------------------------------------------- Abraham Jewett of Top Class Actions reports that a new class action lawsuit alleges Ikea misrepresents the materials used in the construction of the company's Hemnes and Brimnes daybeds. Plaintiff Bo Zhang's class action lawsuit claims Ikea represents the bed frames as being made of solid wood when they are constructed with comb, or finger, joints that do not offer the same structural support as solid wood would. "As a result of the misrepresentation, owners of the Class Beds received a product with less structural integrity than they paid for, and rightly expected," the class action says. Zhang is seeking to represent a nationwide class and a California subclass of consumers who are current or former owners and/or financiers of a Hemnes or Brimnes daybed. Ikea class action: daybeds misrepresented in floor models, catalogs, web descriptions Ikea misrepresents that its Hemnes and Brimnes daybed frames are made of solid wood via its floor models, catalogs and website descriptions, the Ikea class action lawsuit alleges. "Ikea caused to be made or disseminated through California and the United States, through advertising, marketing, and other publications, statements that were untrue or misleading," the daybed materials class action says. Zhang claims Ikea is guilty of breaching express warranty and implied warranty of merchantability, as well as violating several California consumer protection laws. The plaintiff demands a jury trial and requests injunctive and/or declaratory relief and an award of monetary and treble damages for themself and all class members. In November 2023, Ikea expanded a recall to include an additional 25,100 Lettan mirrors. The recall was initiated over concerns plastic fittings that attach the mirrors to a wall can break and cause the mirror to fall. The plaintiff is represented by Robert Mackey of the Law Offices of Robert Mackey and Nicholas A. Migliaccio and Jason S. Rathod of Migliaccio & Rathod LLP. The daybeds class action lawsuit is Zhang, et al. v. Ikea US Retail LLC, et al., Case No. 3:24-cv-01641, in the U.S. District Court for the Northern District of California. [GN] ILLINOIS TOOL: Settlement Deal in Dufy Suit Gets Final Nod ---------------------------------------------------------- In the class action lawsuit captioned as JOHN DUFFY III, individually and on behalf of all others similarly situated, v. ILLINOIS TOOL WORKS, INC., and South/WIN LTD., Case No. 2:15-cv-07407-NGG-SIL (E.D.N.Y.), the Hon. Judge Nicholas Garaufis entered an order granting the parties' joint motion for final approval of the Settlement Agreement. In accordance with the terms of the Settlement Agreement, the Defendants shall pay $1,859.18 to be distributed to Class Members who submitted valid claims. The court reserves judgment on the Plaintiffs incentive award petition. The Plaintiffs counsel is directed to file evidence, in the form of an affidavit or otherwise, reviewing Plaintiffs participation in the litigation. The Settlement Class is now finally certified for purposes of settlement pursuant to Federal Rule of Civil Procedure 23(a) and (b)(3), and includes: (a) persons (b) with vehicles (c) that are equipped with continuity prong windshield washer fluid sensors (d) who purchased and used Rain-X windshield washer fluid in such vehicles (e) whose continuity prong windshield washer sensors in such vehicles was then repaired or replaced any time after Dec. 30, 2012 and before Jan. 1, 2017 (f) if either the vehicle was registered in New York (state), the repairs were done in New York (state), or the Rain-X was purchased in New York (state). The Plaintiff commenced this class action against the Defendants, alleging that the Defendants manufactured and sold Rain-X windshield washer fluid, which caused damage to his vehicle's "continuity prong washer sensor," and certain other motor vehicles equipped with this sensor, requiring repairs between $100 and $200 in cost. The court preliminarily approved the motion for settlement on Oct. 20, 2023, and held a fairness hearing on March 15, 2024. Illinois Tool produces engineered fasteners and components, equipment and consumable systems, and specialty products. A copy of the Court's order dated March 19, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=cGPStv at no extra charge.[CC] ILLINOIS: Bid for Class Certification in Kainz Due Dec. 8 --------------------------------------------------------- In the class action lawsuit captioned as Kainz, et al., v. Illinois Department of Corrections (IDOC), et al., Case No. 1:21-cv-01250 (C.D. Ill., Filed Sept. 8, 2021), the Hon. Judge Joe Billy Mcdade entered an order on motion for extension of time to complete discovery as follows: -- Class Discovery period is extended to: July 29, 2024 -- The deadline for expert discovery Aug. 30 2024 relevant to class certification to: -- A Motion for class certification is to Dec. 8, 2024 be filed by: The nature of suit states Employment Discrimination. ILLUMINA INC: Icahn Brings Appeal to Del. Sup. Ct. -------------------------------------------------- ICAHN PARTNERS LP, et al. are taking an appeal from two interlocutory rulings of the Court of Chancery of the State of Delaware in the lawsuit entitled Icahn Partners LP, et al., derivatively on behalf of Illumina, Inc. and individually and on behalf of all other similarly situated stockholders, Plaintiffs, v. Francis deSouza, et al., Defendants, Case No. 2023-1045-PAF. On October 17, 2023, the Plaintiffs filed a complaint against the Defendants for breach of their fiduciary duties. The appellate case is captioned Icahn Partners LP, et al., Plaintiffs-Appellants v. Francis deSouza, et al., Defendants-Appellees, and Illumina, Inc., Nominal Defendant-Appellee, Case No. 24-107, in the Supreme Court of the State of Delaware, filed on March 14, 2024. [BN] Plaintiffs-Appellants ICAHN PARTNERS LP, et al., derivatively on behalf of Illumina, Inc. and individually and on behalf of all other similarly situated stockholders, are represented by: C. Barr Flinn, Esq. M. Paige Valeski, Esq. YOUNG CONAWAY STARGATT & TAYLOR, LLP 1000 North King Street Wilmington, DE 19801 Telephone: (302) 571-6600 - and - Michael A. Hanin, Esq. Christian T. Becker, Esq. Andrew L. Schwartz, Esq. Andrew M. Meerwarth, Esq. KASOWITZ BENSON TORRES LLP 1633 Broadway New York, NY 10019 Telephone: (212) 506-1700 Defendants-Appellees FRANCIS DESOUZA, et al. are represented by: A. Thompson Bayliss, Esq. Eric A. Veres, Esq. Michael T. Manuel, Esq. ABRAMS & BAYLISS LLP 20 Montchanin Road, Suite 200 Wilmington, DE 19807 Telephone: (302) 778-1000 - and - Peter J. Walsh, Jr., Esq. Michael A. Pittenger, Esq. Justin T. Hymes, Esq. POTTER ANDERSON & CORROON LLP Hercules Building 1313 North Market Street, 6th Floor Wilmington, DE 19801 Telephone: (302) 984-6037 INCOMM FINANCIAL: Hearing on Summary Judgment Bid Set for June 10 ----------------------------------------------------------------- In the class action lawsuit captioned as CAROLYN CLARK, et al.; v. INCOMM FINANCIAL SERVICES, INC., a Delaware corporation, Case No. 5:22-cv-01839-JGB-SHK (C.D. Cal.), the Hon. Judge Jesus Bernal entered the following order for alternative briefing schedule regarding Incomm Financial Services' motion for summary judgment or, in the alternative, to deny class certification: 1. The hearing for the Defendant's Motion is scheduled for June 10, 2024 at 9:00 a.m.; 2. The Plaintiff's opposition to the Defendant's motion is due no later than May 3, 2024; and 3. The Defendant's reply to the Plaintiffs' opposition is due no later than May 24, 2024. InComm offers prepaid cards, switch payment processing, and transaction products and services. A copy of the Court's order dated March 19, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=zvqQr8 at no extra charge.[CC] INDIANA: Sparger-Withers Appeals Court Order in Civil Rights Suit ----------------------------------------------------------------- AMYA SPARGER-WITHERS has filed an appeal in the lawsuit entitled Amya Sparger-Withers, on behalf of herself and all others similarly situated, Plaintiff, v. Joshua N. Taylor, in his personal capacity and in his official capacity as civil-forfeiture prosecutor, et al., Defendants, Case No. 1:21-cv-02824-JRS-CSW, in the U.S. District Court for the Southern District of Indiana. The nature of the suit is stated as 440 Civil Rights - Other Civil Rights. The appellate case is captioned Amya Sparger-Withers v. Joshua Taylor, et al., Case No. 24-1367, in the United States Court of Appeals for the Seventh Circuit, filed on March 11, 2024. The briefing schedule in the Appellate Case states that: -- Docketing Statement for Appellant Amya Sparger-Withers was due on March 14, 2024; -- Transcript information sheet was due on March 25, 2024; and -- Appellant Amya Sparger-Withers's brief is due on or before April 22, 2024. [BN] Plaintiff-Appellant AMYA SPARGER-WITHERS, individually and on behalf of all others similarly situated, is represented by: Samuel B. Gedge, Esq. Anthony Brian Sanders, Esq. INSTITUTE FOR JUSTICE 901 N. Glebe Road Arlington, VA 22203 Telephone: (703) 682-9320 (651) 278-0257 - and - J. Lee McNeely, Esq. MCNEELY LAW LLP 2177 Intelliplex Drive Shelbyville, IN 46176 Telephone: (317) 825-5110 Defendants-Appellees JOSHUA N. TAYLOR, in his personal capacity and in his official capacity as civil-forfeiture prosecutor, et al. are represented by: William N. Riley, Esq. RILEYCATE, LLC 11 Municipal Drive Fishers, IN 46038 Telephone: (317) 588-2866 - and - James A. Barta, Esq. Katelyn E. Doering, Esq. OFFICE OF THE ATTORNEY GENERAL 302 W. Washington Street Indiana Government Center South Indianapolis, IN 46204 Telephone: (317) 232-0709 (317) 234-3417 INSURANCE PIPELINE: Finke Files TCPA Suit in N.D. Georgia --------------------------------------------------------- A class action lawsuit has been filed against Insurance Pipeline Inc. The case is styled as Brandon Finke, individually and on behalf of all others similarly situated v. Insurance Pipeline Inc., Case No. 1:24-cv-01263-ELR (N.D. Ga., March 24, 2024). The lawsuit is brought over alleged violation of the Telephone Consumer Protection Act for Restrictions of Use of Telephone Equipment. Insurance Pipeline Inc. -- https://theinspipeline.com/ -- is a health insurance agency specializing in senior healthcare products and solutions.[BN] The Plaintiff is represented by: Anthony Paronich, Esq. PARONICH LAW, P.C. 350 Lincoln St., Suite 2400 Hingham, MA 02043 Phone: (615) 485-0018 Email: anthony@paronichlaw.com - and - Steven Howard Koval, Esq. THE KOVAL FIRM, LLC Building 15, Suite 120 3575 Piedmont Rd. Atlanta, GA 30305 Phone: (404) 513-6651 Fax: (404) 549-4654 Email: Steve@KovalFirm.com INTEGRITY VEHICLE: Faces Kotlarsz Suit Over Unsolicited Calls ------------------------------------------------------------- MELANIE KOTLARSZ, on behalf of herself and all others similarly situated, Plaintiff v. INTEGRITY VEHICLE SERVICES, INC., Defendant, Case No. 8:24-cv-00569 (C.D. Cal., March 18, 2024) accuses the Defendant of violating the Telephone Consumer Protection Act and seeks to stop Defendant’s practices of calling persons listed on the National Do Not Call Registry. The Plaintiff's residential phone number has been registered with the National Do-Not-Call Registry since August 21, 2004. The purpose of all calls Defendant made to Plaintiff's residential telephone number was to solicit auto warranty business. Moreover, the Defendant knowingly made (and continues to make) unsolicited telemarketing calls to the telephones of Plaintiff and other consumers without the prior express written consent of the call recipients, says the suit. Based in Costa Mesa, CA, Integrity Vehicle Services, Inc is a California corporation engaged in the business of selling vehicle service contracts or warranties. Its website can be found at integrityautowarranty.com. [BN] The Plaintiff is represented by: Yeremey O. Krivoshey, Esq. SMITH KRIVOSHEY, PC 166 Geary Str STE 1500-1507 San Francisco, CA 94108 Telephone: 415-839-7077 Facsimile: (888) 410-0415 E-mail: yeremey@skclassactions.com - and - Joel D. Smith, Esq. SMITH KRIVOSHEY, PC 867 Boylston Street 5th Floor #1520 Boston, MA 02116 Telephone: 617-377-4704 Facsimile: (888) 410-0415 E-mail: joel@skclassactions.com INTERCONTINENTAL HOTELS: Atkinson Suit Removed to E.D. Wisconsin ---------------------------------------------------------------- The case captioned as Jacob Atkinson, individually and on behalf of all others similarly situated v. INTERCONTINENTAL HOTELS GROUP RESOURCES, LLC, a foreign limited liability company doing business as STAYBRIDGE SUITES BY HOLIDAY INN and STAYBRIDGE SUITES VANCOUVER-PORTLAND METRO; PML SERVICES, LLC, a foreign limited liability company doing business as HOLIDAY INN EXPRESS; and DOES 1-20, Case No. 23-2-19649-0 was removed from Superior Court of the State of Washington, County of King, to the United States District Court for the Eastern District of Wisconsin on March 22, 2024, and assigned Case No. 2:24-cv-00398. On October 17, 2023, commenced a civil suit against InterContinental Hotels Group Resources, LLC ("IHG Resources") which asserts three causes of action for: Violation of RCW 49.58.110; Injunctive Relief; and Declaratory Relief.[BN] The Defendants are represented by: Andrew R. Escobar, Esq. Helen M. McFarland, Esq. SEYFARTH SHAW LLP 999 Third Avenue, Suite 4700 Seattle, WA 98104 Phone: (206) 946-4910 Email: aescobar@seyfarth.com hmcfarland@seyfarth.com IOVATE HEALTH SCIENCES: Wong Sues Over False and Misleading Labels ------------------------------------------------------------------ Brandon Wong, individually and on behalf of all other persons similarly situated v. IOVATE HEALTH SCIENCES U.S.A. INC., Case No. 2:24-at-00346 (E.D. Cal., March 21, 2024), is brought with regard to the Defendant's "Muscletech" dietary supplements (the "Products") which contains false and misleading labels. The Defendant markets and sells the Products throughout the United States, including in California. In so doing, Defendant markets its Products in a systematically misleading manner by misrepresenting that the Products have specific amounts of protein that they do not contain. Because Defendant's sales are driven by consumers seeking to increase their protein intake, Defendant prominently displays the total protein content of its Products' front labels. Despite this, the Products do not contain the advertised protein amounts (which can only be obtained by adding "milk"). Plaintiff and those similarly situated ("Class Members") accordingly suffered an injury in fact as a result of Defendant's misleading and deceptive practices, says the complaint. The Plaintiff Wong purchased the Products for his personal use during the applicable statute of limitations in Sacramento, California. The Defendant formulates, manufactures, advertises, and sells its "Muscletech" dietary supplements which are designed to promote muscle growth, fat loss, wellness, and performance.[BN] The Plaintiff is represented by: L. Timothy Fisher, Esq. BURSOR & FISHER, P.A. 1990 North California Blvd., Suite 940 Walnut Creek, CA 94596 Phone: (925) 300-4455 Facsimile: (925) 407-2700 Email: ltfisher@bursor.com - and - Adrian Gucovschi, Esq. GUCOVSCHI ROZENSHTEYN, PLLC. 140 Broadway, Suite 4667 New York, NY 10005 Phone: (212) 884-4230 Facsimile: (212) 884-4230 Email: adrian@gr-firm.com IQVIA INC: Fischbein Seeks to Certify Rule 23 Class Action ---------------------------------------------------------- In the class action lawsuit captioned as RICHARD E. FISCHBEIN, MD, individually and on behalf of all others similarly-situated, v. IQVIA, INC., Case No. 2:19-cv-05365-NIQA (E.D. Pa.), the Plaintiff moves the Court to certify a class under Federal Rule of Civil Procedure 23(b)(3) defined as follows: All persons: (1) who were sent one or more facsimiles between Nov. 16, 2015, and Jan. 10, 2019, inviting a healthcare professional to register or participate in the National Disease and Therapeutic Index or Channel Dynamics survey in exchange for points to be redeemed for rewards; (2) who never registered or participated in either survey; (3) for whom the Defendant has produced no evidence of consent to be sent the invitation by facsimile transmission; and (4) who are listed in Exhibit B to the "(Supplemental Sur-Rebuttal) Expert Report of Lee Howard" dated Feb. 8, 2024. The Plaintiff alleges that the Defendant violated the Telephone Consumer Protection Act ("TCPA") by sending form advertisements in fax broadcasts to the Plaintiff and a class of more than 25,000 other healthcare providers more than 40,000 times without prior express invitation or permission. The Defendant's faxes uniformly solicited healthcare providers to register and participate in its "National Disease and Therapeutic Index" or "Channel Dynamics" survey in exchange for points redeemable for gift cards and merchandise in Defendant’s rewards program, the suit says. The Plaintiff is a psychiatrist who practices in Wilkes-Barre, Pennsylvania. The Defendant is a global provider of advanced analytics, technology solutions and clinical research services to the life sciences industry. A copy of the Plaintiff's motion dated March 15, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=ms0TXO at no extra charge.[CC] The Plaintiff is represented by: Richard Shenkan, Esq. SHENKAN INJURY LAWYERS, LLC New Castle, PA 16107 Telephone: (412) 716-5800 E-mail: rshenkan@shenkanlaw.com - and - Lawrence F. Stengel, Esq. SAXTON & STUMP, LLC 280 Granite Run Dr., Ste. 300 Lancaster, PA 17601 Telephone: (717) 556-1080 E-mail: lfs@saxtonstump.com - and - Phillip A. Bock, Esq. Jonathan B. Piper, Esq. BOCK HATCH & OPPENHEIM, LLC 203 N. La Salle St., Ste. 2100 Chicago, IL 60601 Telephone: (312) 658-5501 E-mail: service@classlawyers.com IQVIA INC: Fischbein Seeks to File Memo and Exhibits Under Seal --------------------------------------------------------------- In the class action lawsuit captioned as RICHARD E. FISCHBEIN, MD, individually and on behalf of all others similarly-situated, v. IQVIA, INC., Case No. 2:19-cv-05365-NIQA (E.D. Pa.), the Plaintiff moves the Court to enter an order permitting the Plaintiff to file under seal unredacted copies of the Plaintiff's memorandum in support of its motion for class certification, as well as certain of its exhibits. 1. This is a case asserting claims under the Telephone Consumer Protection Act, relating to faxes sent by the Defendant. 2. Pursuant to the Stipulated Protective Order entered in this action Defendant has designated certain documents in the case as "Confidential." By so designating, the Defendant represents that the unredacted information contained in each such document is not available to the public and falls within one or more of the following categories: (a) information prohibited from disclosure by statute, court rules, case decisions or common law; (b) information that reveals trade secrets; (c) research, technical, commercial, business, financial or other proprietary information; (d) medical information concerning any individual; (e) personal identity information; (f) income tax returns (including attached schedules and forms), W-2 forms and 1099 forms; (g) personnel or employment records of a person who is not a party to the case; or (h) information regarding confidential business practices or other confidential research, development or commercial information (including information implicating privacy rights of third parties). The Defendant is a global provider of advanced analytics, technology solutions and clinical research services to the life sciences industry. A copy of the Plaintiff's motion dated March 15, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=PiGBkl at no extra charge.[CC] The Plaintiff is represented by: Richard Shenkan, Esq. SHENKAN INJURY LAWYERS, LLC New Castle, PA 16107 Telephone: (412) 716-5800 E-mail: rshenkan@shenkanlaw.com - and - Lawrence F. Stengel, Esq. SAXTON & STUMP, LLC 280 Granite Run Dr., Ste. 300 Lancaster, PA 17601 Telephone: (717) 556-1080 E-mail: lfs@saxtonstump.com - and - Phillip A. Bock, Esq. Jonathan B. Piper, Esq. BOCK HATCH & OPPENHEIM, LLC 203 N. La Salle St., Ste. 2100 Chicago, IL 60601 Telephone: (312) 658-5501 E-mail: service@classlawyers.com ISAAC OUAZANA: Seeks Leave to File Sur-Reply Memorandum ------------------------------------------------------- In the class action lawsuit captioned as GERARD LAYANI, et al., v. ISAAC OUAZANA, et al., Case No. 1:20-cv-00420-SAG (D. Md.), the Defendants ask the Court to enter an order granting their motion for leave to file a sur-reply memorandum in opposition to the Plaintiffs' motion for class certification: The Defendants request that their motion for leave be granted for the following reasons. 1. On March 8, 2024, the Plaintiffs filed a reply memorandum in support of class certification. 2. The Plaintiffs have attached a May 17, 2017, Settlement Agreement and Consent Order signed by Benjamin Ouazana as an exhibit in support of their Amended Complaint and motion for class certification. 3. On Feb. 23, 2024, after the Defendants had filed their Opposition to Plaintiffs' motion for class certification, the Honorable Shannon Avery granted Defendants' motion for judgment after the Maryland Department of the Environment presented its case against the Defendants in MDE v. Ouazanas, Case No. 24-C- 21-002486. A copy of the Defendants' motion dated March 18, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=Twfnmb at no extra charge.[CC] The Defendants are represented by: William C. Parler, Jr., Esq. THE LAW OFFICES OF WILLIAM C. PARLER, JR., LLC 311 Gailridge Road Timonium, MD 21093 Telephone: (410) 832-1885 E-mail: w.parler@parlerlaw.com ISAAC OUAZANA: Seeks to Strike Plaintiffs' Class Cert Affidavits ---------------------------------------------------------------- In the class action lawsuit captioned as GERARD LAYANI, et al., v. ISAAC OUAZANA, et al., Case No. 1:20-cv-00420-SAG (D. Md.), the Defendants ask the Court to enter an order striking the Plaintiffs' affidavits and exhibits submitted in support of the Plaintiffs' motion for class certification and memorandum of grounds and authorities in support. The Defendants include Benjamin Ouazana, Isaac Ouazana, I&B Capital Investments LLC, WAZ Brothers, LLC, WAZ Investments, LLC, and WAZ Management, LLC. The Plaintiffs Complaint and motion for class certification rely heavily on the May 17, 2017 Settlement Agreement and Consent Order entered into between the Defendants and the Maryland Department of the Environment involving 264 rental property units in Baltimore City, with some of those units owned by the Plaintiffs in this case. The Brothers did not disclose these cases to victims who had a right to know about them because the presence of lead paint violations would have revealed that the Brothers did not perform renovations for which they were paid, exposing a big part of the Brothers' fraud. A copy of the Defendants' motion dated March 15, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=xPtHUJ at no extra charge.[CC] The Defendants are represented by: William C. Parler, Jr. THE LAW OFFICES OF WILLIAM C. PARLER, JR., LLC 311 Gailridge Road Timonium, MD 21093 Telephone: (410) 832-1885 E-mail: w.parler@parlerlaw.com ISLAND HOSPITALITY: Garcia Suit Removed to C.D. California ---------------------------------------------------------- The case captioned as Teresa Garcia, an individual, on behalf of herself and others similarly situated v. ISLAND HOSPITALITY MANAGEMENT III, LLC, a Delaware corporation; and, DOES 1 through 50, inclusive, Case No. 30-2023-01347951-CU-OE-CXC was removed from the Superior Court of the State of California for the County of Orange, to the United States District Court for the Central District of California on March 19, 2024, and assigned Case No. 8:24-cv-00583. In this action, Plaintiff's Complaint asserts eight causes of action for: "Failure To Pay All Wages Including Minimum and Overtime Wages"; "Failure To Provide Meal Periods"; "Failure To Provide Rest Periods"; "Failure To Reimburse For Necessary Business Expenditures"; "Failure To Provide Accurate Itemized Wage Statements"; "Waiting Time Penalties"; "Violation of California's Quota Laws"; and (8) "Unfair Business Practices."[BN] The Defendants are represented by: Brian T. Ashe, Esq. Bailey K. Bifoss, Esq. SEYFARTH SHAW LLP 560 Mission Street, 31st Floor San Francisco, CA 94105 Phone: (415) 397-2823 Facsimile: (415) 397-8549 Email: bashe@seyfarth.com bbifoss@seyfarth.com - and - Michael Afar, Esq. Miguel A. Ramirez, Esq. SEYFARTH SHAW LLP Los Angeles, CA 90067-3021 Phone: (310) 277-7200 Facsimile: (310) 201-5219 Email: mafar@seyfarth.com mramirez@seyfarth.com J&C AMBULANCE: Plaintiffs Seek More Time to File Class Cert Reply ----------------------------------------------------------------- In the class action lawsuit captioned as KARA FIRST, et al., v. J&C AMBULANCE SERVICES, INC., et al., Case No. 2:22-cv-03296-MHW-KAJ (S.D. Ohio), the Plaintiffs file unopposed motion for an extension of time to file their reply brief in support of their motion for class Certification. The Plaintiffs request that the Court afford an additional 14 days to file their reply brief in support of their motion for class certification. The current deadline is March 15, 2024. The Plaintiffs request an additional fourteen days and a new deadline of March 29, 2024. J & C provides ambulance services with paramedics and emergency medical technicians. A copy of the Plaintiffs' motion dated March 15, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=OrIERa at no extra charge.[CC] The Plaintiffs are represented by: Jason E. Starling, Esq. WILLIS SPANGLER STARLING 4635 Trueman Boulevard, Suite 100 Hilliard, OH 43026 Telephone: (614) 586-7915 Facsimile: (614) 586-7901 E-mail: jstarling@willisattorneys.com - and - John C. Camillus, Esq. LAW OFFICES OF JOHN C. CAMILLUS, LLC Columbus, OH 43214 Telephone: (614) 558-7254 Facsimile: (614) 559-6731 E-mail: jcamillus@camilluslaw.com J. MENDEL INC: Erkan Files ADA Suit in E.D. New York ---------------------------------------------------- A class action lawsuit has been filed against J. Mendel, Inc. The case is styled as Nihal Erkan, on behalf of herself and all others similarly situated v. J. Mendel, Inc., Case No. 1:24-cv-02139 (E.D.N.Y., March 25, 2024). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. J. Mendel -- https://jmendel.com/ -- is a luxury apparel and fashion company specializing in bridal couture.[BN] The Plaintiff is represented by: Mars Khaimov, Esq. 14749 71st Ave. Flushing, NY 11367 Phone: (917) 915-7415 Email: mars@khaimovlaw.com JAB EXPRESS: Class Cert. Bid Filing in Snide Due July 8 ------------------------------------------------------- In the class action lawsuit captioned as Snide, et al., v. JAB Express, Inc., et al., Case No. 3:22-cv-01373 (N.D.N.Y., Filed Dec. 20, 2022), the Hon. Judge David N. Hurd entered an order granting letter motion insofar as and to the extent that: (1) mandatory mediation shall be April 18, 2024 completed by: (2) All Discovery shall be completed June 7, 2024 by: (3) The Class Certification Motion July 8, 2024 shall be filed by: (4) Dispositive Motions shall be Aug. 16, 2024 filed by: The nature of suit states Diversity -- Other Contract.[CC] JAMO 31 INC: Kim Seeks Damages for Labor Law Violations ------------------------------------------------------- AJ W. KIM, on behalf of himself, FLSA Collective Plaintiffs, and the Class v. JAMO 31 INC. d/b/a OSAMIL, JAMO 31 PLUS INC. d/b/a OSAMIL UPSTAIRS, MOKWOO KIM, WON CHUL SEO a/k/a LION SEO, and IRENE LEE a/k/a SOOKYUNG LEE, Case No. 1:24-cv-02062 (S.D.N.Y., March 19, 2024) accuses the Defendants of violating the Fair Labor Standards Act and the New York Labor Law. The Plaintiff was employed as a bartender at Osamil Upstairs, a high-end cocktail bar in Manhattan's Koreatown operated by Defendants. The Plaintiff alleges that throughout his employment at Osamil Upstairs, Defendants paid bartenders, servers, and bussers the tipped minimum wage rate without satisfying the strict tip requirements of the FLSA and the NYLL. The Defendants also allegedly failed to pay Plaintiff and similarly situated employees spread-of-hours pay and failed to provide them with wage notices and accurate wage statements. The Plaintiff further accuses Defendants of retaliation as he was terminated after complaining about Defendants' unlawful tip sharing practices. Jamo 31 Inc. owns, operates and does business as Osamil, a modern Korean gastropub and restaurant located in Manhattan, NY. [BN] The Plaintiff is represented by: Younghoon Ji, Esq. AHNE & JI, LLP 45 East 34th Street, 5th Floor New York, NY 10016 Telephone: (212) 594-1035 E-mail: yji@ahnejillp.com JAPPAREL INC: Erkan Files ADA Suit in E.D. New York --------------------------------------------------- A class action lawsuit has been filed against Japparel, Inc. The case is styled as Nihal Erkan, on behalf of herself and all others similarly situated v. Japparel, Inc., Case No. 1:24-cv-02140 (E.D.N.Y., March 25, 2024). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Japparel, Inc. -- https://www.japparelny.com/ -- is a clothing store in New York.[BN] The Plaintiff is represented by: Mars Khaimov, Esq. 14749 71st Ave. Flushing, NY 11367 Phone: (917) 915-7415 Email: mars@khaimovlaw.com JENNIE'S KITCHEN: Faces Lopez et al. Suit Over Labor Law Breaches ----------------------------------------------------------------- CARLOS ALBERTO LOPEZ, MARGARITA ALVAREZ, LETICIA MATA LAZARO, and MARIEL BADILLO HOYOS, individually and on behalf of others similarly situated, Plaintiffs v. JENNIE'S KITCHEN LLC (D/B/A JENNIE'S KITCHEN), JENNIFER DENISE PINEDA, and ERIK PINEDA, Defendants, Case No. 1:24-cv-02092 (E.D.N.Y., March 21, 2024) arises under the Fair Labor Standards Act and the New York Labor Law. One of the Plaintiffs, Carlos Alberto Lopez, was employed by Defendants as a dishwasher and food preparer from approximately September 6, 2021, until on or about February 14, 2023. Throughout his employment with Defendants, Plaintiff Lopez regularly worked in excess of 40 hours per week, but was not provided with appropriate minimum wage, overtime, and spread of hours compensation for the hours that he worked. Jennie's Kitchen LLC is a meal prep subscription company, located at 648 39th Street, Brooklyn, NY 11232 under the name "Jennie's Kitchen". [BN] The Plaintiffs are represented by: Catalina Sojo, Esq. CSM LEGAL, P.C. 60 East 42nd Street, Suite 4510 New York, NY 10165 Telephone: (212) 317-1200 Facsimile: (212) 317-1620 JLM DECORATING: Court Certifies NYLL Class in Martinez Lawsuit -------------------------------------------------------------- In the class action lawsuit captioned as ISRAEL MARTINEZ, on behalf of himself, individually, and on behalf of all others similarly-situated, v. JLM DECORATING, INC., JLM DEOCRATING NYC INC., COSMOPOLITAN INTERIOR NY CORPORATION, MOSHE GOLD, individually, and JOSAFATH ARIAS, individually, Case No. 1:20-cv-02969-RA-SN (S.D.N.Y.), the Hon. Judge Ronnie Abrams entered an order certifying an New York Labor Law (NYLL) class consisting of: "current and former non-managerial employees, who at any time from April 10, 2014, through the present, performed any manual work, including but not limited to, painting and renovation work, for Defendants, in New York, and who were paid on an hourly basis." Additionally, the Plaintiff Israel Martinez is appointed as Class Representative and Borrelli & Associates, P.L.L.C. is appointed as Class Counsel. The court further orders that the Plaintiffs submit a revised notice to Judge Netburn within 14 days. The Court shares Judge Netburn's conclusion that Plaintiffs' previous proposed notice was deficient under Rule 23(c)(2)(B). Mr. Martinez alleges that the Defendants, operating as a single enterprise, violated the Fair Labor Standards Act ("FLSA") and the New York Labor Law ("NYLL") by failing to adequately compensate him and other hourly employees who performed manual labor for the Defendants' painting and renovation business. Specifically, the Plaintiffs claim that the Defendants systematically underpaid them, primarily by failing to pay overtime wages when they exceeded 40 hours of work in any given week; not compensating the Plaintiffs' overtime hours at a higher overtime premium rate; and making some payments "off the books" in cash. JLM is a full-service painting, wallcovering & decorative firm. A copy of the Court's opinion and order dated March 20, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=4x3U3e at no extra charge.[CC] JUSTWORKS INC: Hackshaw Sues Over Worker Misclassification ---------------------------------------------------------- DAYNER HACKSHAW, on behalf of herself and all other persons similarly situated, Plaintiff v. JUSTWORKS INC., Defendant, Case No. 1:24-cv-02013 (S.D.N.Y., March 18, 2024) arises from Defendant's misclassification and refusal to pay overtime at the rate of time and one half times the regular rate to Plaintiff and all other similarly situated employees for hours worked beyond 40 in a given workweek in violation of the Fair Labor Standards Act and the New York Labor Law. In or about February 2018, Ms. Hackshaw began working for Defendant as a sales representative. In October 2018, Ms. Hackshaw moved to Defendant's Payroll Operations department as a coordinator. As a coordinator in Payroll Operations from October 2018 to December 2019, Ms. Hackshaw was paid hourly, and was instructed by Defendant to report no more than 40 hours of work each week regardless of how many hours she actually worked. Moreover, Plaintiff alleges that Defendant has consistent policies and patterns or practices, of failing to pay Plaintiff and the FLSA Collective the proper overtime compensation of 1.5 times their regular rates of pay for all hours worked in excess of 40 per workweek. Headquartered in New York, NY, Justworks, Inc. is a Delaware corporation that employs approximately 1360 people to provide a cloud-based software platform that gives small and medium-sized businesses access to benefits, payroll, human resources, and compliance support. [BN] The Plaintiff is represented by: Alexander Granovsky, Esq. GRANOVSKY & SUNDARESH PLLC 48 Wall Street New York, NY 10005 Telephone: (646) 524-6001 E-mail: delson@g-s-law.com ag@g-s-law.com K&C EXECUTIVE: Wall Must File Class Cert Bid by April 29 -------------------------------------------------------- In the class action lawsuit captioned as ANDREW WALLS, BRIANNA BREWER, TERRANCE PETERS, BRIANNA HILL, DAYRICE BREWER, DAIQUAN GREEN, JAMES CLARK, KENNETH HARPER, HIKEEM KEITH, DAMIR MITCHELL, RAFIAH CANNON, BIANCA LIVINGSTON, ELIJAH DODSON, IZJAE CARTER, v. K&C EXECUTIVE PROTECTION LLC, Case No. 2:23-cv-01110-JFM (E.D. Pa.), the Hon. Judge Murphy entered an order amending the Dec. 19, 2023 order as follows: 1. The Plaintiff shall file any motion for class certification no later than April 29, 2024. 2. All fact discovery shall be completed no later than July 1, 2024. 3. Affirmative expert reports shall be served no later than July 15, 2024. Responsive expert reports, if any, shall be served no later than Aug. 12, 2024. Expert depositions, if any, shall be concluded no later than Aug. 19, 2024. 4. Motions for summary judgment shall be filed no later than Sept. 3, 2024. Responses shall be filed no later than Sept. 17, 2024. Motions for summary judgment and responses shall be filed in the form prescribed in Judge Murphy's Scheduling and Motion Policies and Procedures. K&C is a security provider. A copy of the Court's order dated March 15, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=ke5Gfq at no extra charge.[CC] KALA BRAND MUSIC: Beauchamp Files ADA Suit in S.D. New York ----------------------------------------------------------- A class action lawsuit has been filed against Kala Brand Music Co. The case is styled as Kevin Beauchamp, on behalf of himself and all others similarly situated v. Kala Brand Music Co., Case No. 1:24-cv-02214 (S.D.N.Y., March 25, 2024). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Kala -- https://kalabrand.com/ -- offers the largest selection of ukulele available anywhere.[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 KEMPER CORP: Hill & De Jesus Seek Damages Over WARN Act Violations ------------------------------------------------------------------ ASHLEY HILL and ANALI DE JESUS, on behalf of themselves and all others similarly situated v. KEMPER CORPORATION, Case No. 6:24-cv-00541 (M.D. Fla., March 20, 2024) accuses the Defendant of violating the Worker Adjustment and Retraining Notification Act. The Plaintiffs were employees of Defendant who were terminated as an expected consequence of a mass layoff or plant closing effectuated by Defendant on or about January 17, 2024. The Defendant allegedly provided Plaintiffs with only 15 days of advance notice, instead of the 60 days required by the WARN Act. The Defendant's actions deprived Plaintiffs and similarly situated employees of some transition time to adjust to the prospective loss of employment, to seek and obtain alternative jobs, and, if necessary, to enter skill training or retraining that will allow them to successfully compete in the job market. The Plaintiffs seek to recover damages in the amount of 60 days' compensation and benefits arising from Defendant's violation. Kemper Corporation is an American insurance provider headquartered in Chicago, IL. [BN] The Plaintiffs are represented by: Brandon J. Hill, Esq. Luis A. Cabassa, Esq. Amanda E. Heystek, Esq. WENZEL FENTON CABASSA, P.A. 1110 North Florida Avenue, Suite 300 Tampa, FL 33602 Telephone: (813) 224-0431 Direct No: (813) 379-2565 Facsimile: (813) 229-8712 E-mail: bhill@wfclaw.com lcabassa@wfclaw.com aheystek@wfclaw.com KITCHEN CLIQUE: Erkan Files ADA Suit in E.D. New York ----------------------------------------------------- A class action lawsuit has been filed against The Kitchen Clique, Inc. The case is styled as Nihal Erkan, on behalf of herself and all others similarly situated v. The Kitchen Clique, Inc., Case No. 1:24-cv-02145 (E.D.N.Y., March 25, 2024). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. The Kitchen Clique -- https://shopkitchenclique.com/ -- offers all the tools needed to perpare gourmet meals - cookware, bakeware, kitchen tools and small appliances as well as tabletop and giftware products.[BN] The Plaintiff is represented by: Mars Khaimov, Esq. 14749 71st Ave. Flushing, NY 11367 Phone: (917) 915-7415 Email: mars@khaimovlaw.com KNIGHT-SWIFT TRANSPORTATION: Class Cert Bid Filing Due April 8 -------------------------------------------------------------- In the class action lawsuit captioned as Hobbs v. Knight-Swift Transportation Holdings, Inc., et ano., Case No. 1:21-cv-01421-JLR-SDA (S.D.N.Y.), the Hon. Judge Stewart Aaron entered an order granting in part and denying in part the parties' joint letter motion: -- No later than April 8, 2024, the Plaintiffs shall file their motion for class certification; -- No later than April 29, 2024, the Defendants shall file their opposition; and -- No later than May 10, 2024, the Plaintiffs shall file any reply. The Court said, "The case was filed over three years ago and must be brought to resolution. In addition, class certification issues previously were extensively briefed by the parties and the Court did not find helpful in its disposition of the prior motion to have two sets of briefing." Knight-Swift is a publicly traded, American motor carrier holding company. A copy of the Court's order dated March 18, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=n4ZmdR at no extra charge.[CC] The Defendants are represented by: Brian D. Murphy, Esq. SHEPPARD, MULLIN, RICHTER & HAMPTON LLP 30 Rockefeller Plaza New York, NY 10112-0015 Telephone: (212) 653-8700 Facsimile: (212) 653-8701 E-mail: bmurphy@sheppardmullin.com LABORATORY CORPORATION: Class Cert Reply Reset to April 10 ---------------------------------------------------------- In the class action lawsuit captioned as McDonald v. LABORATORY CORPORATION OF AMERICA HOLDINGS, Case No. 1:22-cv-00680 (M.D.N.C., Filed Aug. 18, 2022), the Hon. Judge entered an order resetting response and reply deadlines motion to certify class: -- Response to motion due by: April 10, 2024 -- Replies due by: April 17, 2024 The suit alleges violation of the Employee Retirement Income Security Act (ERISA) involving breach of fiduciary duties. Laboratory Corporation is an American healthcare company headquartered in Burlington, North Carolina.[CC] LDI MECHANICAL INC: Hernandez Files Suit in Cal. Super. Ct. ----------------------------------------------------------- A class action lawsuit has been filed against LDI Mechanical, Inc. The case is styled as Falcao Rivelino Hernandez, individually and on behalf of others similarly situated v. LDI Mechanical, Inc., Does 1 through 50, inclusive, Case No. CVRI2401542 (Cal. Super. Ct., Riverside Cty., March 22, 2024). The case type is stated as "Unlimited Civil Other Employment." LDI Mechanical Inc. -- https://ldimechanical.com/ -- is a full-service heating and air company committed to providing quality services and products to our customers.[BN] The Plaintiff is represented by: Amir Nayebdadash, Esq. PROTECTION LAW GROUP, LLP 237 California St. El Segundo, CA 90245-4310 Phone: 424-290-3095 Fax: 866-264-7880 Email: amir@protectionlawgroup.com LEGACY HEALTH: Hunter Can File First Amended Complaint ------------------------------------------------------ In the class action lawsuit captioned as JULIANNE HUNTER, v. LEGACY HEALTH and LEGACY EMANUEL HOSPITAL & HEALTH CENTER, Case No. 3:18-cv-02219-AR (D. Or.), the Hon. Judge Adrienne Nelson entered an order granting Plaintiff's motion for leave to file amended complaint. The Plaintiff is ordered to file the first amended complaint within 14 days of this order. The Court disagrees that plaintiff knew of the facts underlying the proposed amendments at the time she filed the original complaint. Additionally, the Judge Armistead found that Legacy would not suffer unfair prejudice because "the same evidence will be used to prove the Washington claims and is largely in Legacy's hands" and "the parties have not yet briefed class certification, merits discovery has not closed, and no trial date has been set." The Judge Jeff Armistead issued his Findings and Recommendations ("F&R") in this case on Jan. 31, 2024. The Plaintiff initiated this case on Dec. 26, 2018, alleging that Legacy, "including all of the Oregon and Washington hospital facilities and clinics" under Legacy's control, violated the Fair Labor Standards Act ("FLSA") and Oregon law. The Plaintiff moved for conditional certification of an FLSA collective action on May 26, 2020. The Judge Acosta granted that motion on January 4, 2021. The proposed FAC defines the Washington class as: "All current and former hourly, non-exempt employees, including but not limited to nursing staff, nursing aides, nursing assistants, or other employees with similar job duties employed by the Defendants in Washington, and subjected to an automatic time deduction policy and practice at any time starting four years prior to the filing of this Complaint until resolution of this action." Legacy Health is a non-profit hospital system. A copy of the Court's order dated March 18, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=5tobZy at no extra charge.[CC] LEVEL 3 COMM: Court Tosses Bid to Certify Class w/o Prejudice ------------------------------------------------------------- In the class action lawsuit captioned as Johnson v. Level 3 Communications, LLC, Case No. 9:22-cv-81066 (S.D. Fla., Filed July 21, 2022), the Hon. Judge Bruce E. Reinhart entered an order denying without prejudice the Plaintiff's motion to certify class. -- The Plaintiff may move to reinstate this motion when filing his supplemental brief. The suit alleges violation of the Fair Labor Standards Act.[CC] LIFECORE BIOMEDICAL: Johnson Fistel Investigates Securities Claim ----------------------------------------------------------------- Shareholder rights law firm Johnson Fistel, LLP is investigating potential violations of securities laws by Lifecore Biomedical, Inc. (NASDAQ: LFCR). ("Lifecore" or the "Company"). We are looking into whether the Company or its executives failed to disclose vital information to investors, leading to losses on their investments. If you have purchased Lifecore securities and have experienced losses, we encourage you to join our investigation to potentially make claims and recover under federal securities laws. What if I purchased Lifecore securities? If you believe that you may have a potential claim against Lifecore and would like to participate in the investigation or learn more about your legal rights and options, please contact Johnson Fistel, LLP at (619) 814-4471) or join the investigation online. There is no cost or obligation to you. What is Johnson Fistel investigating? On March 20, 2024, Lifecore issued its Annual Report on Form 10-K/A for the year ended May 29, 2022, the Company's unaudited consolidated financial statements as of and for the periods ending August 30, 2020, November 29, 2020, February 28, 2021, August 29, 2021, November 28, 2021, February 27, 2022, August 28, 2022, November 27, 2022 and February 26, 2023 included in the Company's Quarterly Reports on Form 10-Q filed with the SEC. Per the Company, the "restatements correct errors involving the calculation of capitalized interest, valuation of inventories, and certain other adjustments related to previously divested businesses". Following this news, Lifecore stock closed 30% lower on March 20, 2024. What if I have relevant nonpublic information? Individuals with nonpublic information about the Company should consider whether to assist our investigation or take advantage of the SEC Whistleblower program. Under the SEC program, whistleblowers who provide original information may, under certain circumstances, receive rewards totaling up to thirty percent of any successful recovery made by the SEC. For more information, contact Jim Baker at (619) 814-4471 or jimb@johnsonfistel.com. About Johnson Fistel, LLP | Top Law Firm, Securities Fraud, Investors Rights: Johnson Fistel, LLP is a nationally recognized shareholder rights law firm with offices in California, New York, Georgia, and Colorado. The firm represents individual and institutional investors in shareholder derivative and securities class action lawsuits. We also extend our services to foreign investors who have purchased on US exchanges. Stay updated with news on stock drops and learn how Johnson Fistel, LLP can help you recover your losses. For more information about the firm and its attorneys, please visit http://www.johnsonfistel.com.[GN] LINCARE HOLDINGS: Morris Seeks to Extend Class Cert. Deadline ------------------------------------------------------------- In the class action lawsuit captioned as JANET MORRIS, individually and on behalf of all others similarly situated, v. LINCARE HOLDINGS, INC., Case No. 8:22-cv-02048-CEH-AAS (M.D. Fla.), the Plaintiff requests the Court to enter an order extending the class certification deadline to May 6, 2024. Pursuant to Local Rule 3.01(e), the Plaintiff requests a ruling on the instant motion on or before March 25, 2024. The basis for this request is due to the Defendant's refusal to comply with the Court's Order compelling discovery, and Plaintiff's deadline of April 5, 2024, to file her motion for class certification. The Defendant's refusal to comply with its discovery obligations and the Court's Order have prejudiced the Plaintiff and her ability to move for class certification. On Jan. 12, 2024, the Court granted in part Plaintiff's motion to compel discovery. On Feb. 2, 2024, the Parties filed a joint motion to modify scheduling order [DE 96] in which they requested the Court extend the class certification deadline to May 6, 2024. The Defendant has no objection, and has already consented to the extension. Lincare is a provider of oxygen and other respiratory therapy services to patients in the home. A copy of the Plaintiff's motion dated March 18, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=x0am30 at no extra charge.[CC] The Plaintiff is represented by: Rachel Dapeer, Esq. HIRALDO P.A. 20900 NE 30th Avenue, #417 Aventura, FL 33180 Telephone: (954) 799-5914 E-mail: rachel@dapeer.com LIVE NATION: Faces Several Class Suits in Canada ------------------------------------------------ Live Nation Entertainment, Inc. disclosed in its Form 10-K report for the fiscal year ended December 31, 2023, filed with the Securities and Exchange Commission in February 21, 2024, that it is facing putative class action lawsuits in Canada, namely, "Thompson-Marcial and Smith v. Ticketmaster Canada Holdings ULC" (Ontario Superior Court of Justice, filed September 2018), "McPhee v. Live Nation Entertainment, Inc., et al." (Superior Court of Quebec, District of Montreal, filed September 2018), "Crystal Watch v. Live Nation Entertainment, Inc., et al." (Court of Queen's Bench for Saskatchewan, by amendments filed September 2018) and "Gomel v. Live Nation Entertainment, Inc., et al." (Supreme Court of British Columbia, Vancouver Registry, filed October 2018). The Canadian lawsuits make factual allegations that Live Nation engaged in conduct that is intended to encourage the resale of tickets on secondary ticket exchanges at elevated prices. Based on these allegations, each plaintiff asserts violations of different provincial and federal laws. Each plaintiff also seeks to represent a class of individuals who purchased tickets on a secondary ticket exchange, as defined in each plaintiff's complaint. The complaints seek a variety of remedies, including unspecified compensatory damages, punitive damages, restitution, injunctive relief and attorneys' fees and costs. In April 2021, the court in the Gomel lawsuit declined to certify all claims other than those pled under British Columbia's Business Practices and Consumer Protection Act and claims for punitive damages. The court did certify a class of British Columbia residents who purchased tickets to an event in Canada on any secondary market exchange from June 2015 through April 2021 that were initially purchased on Ticketmaster.ca. In May 2021, Live Nation filed a notice of appeal of the class certification ruling, and the plaintiff filed a cross-appeal shortly thereafter. The appeals were heard in early February 2023. In July 2023, the court of Appeal for British Columbia issued its ruling, finding that the trial court erred by certifying common issues related to damages in the absence of any evidence supporting a plausible methodology to determine damages on a class-wide basis and remitted the matter back to the motion judge to reconsider his ruling. The Court of Appeal also allowed plaintiff's cross-appeal in part, certified plaintiff's proposed common issue regarding restoration, and remitted the plaintiff's proposed common issues regarding his Competition Act and Unjust Enrichment claims to the motion judge for reconsideration. In December 2022, the parties filed cross-motions with the Court of Appeal for Saskatchewan, seeking leave to appeal the court’s ruling. A hearing on the parties' motions for leave to appeal took place in March 2023, and in July 2023, the Court of Appeal granted leave to appeal to both parties. The appeals are fully briefed, and a hearing is scheduled for April 2024. In September 2023, Live Nation filed an application for leave to appeal the Court of Appeal decision to the Supreme Court of Canada. The court declined to certify and dismissed all claims other than those pled under provincial consumer protection statutes relating to drip pricing and certified a class of consumers who purchased tickets between September 2015 and June 2018 from Ticketmaster.ca on the primary market. The class certification hearing in the Thompson-Marcial matter has been scheduled for March 2024. The McPhee matter is stayed pending the outcome of the Watch matter. Live Nation Entertainment, Inc. is the largest live entertainment company in the world, connecting over 765 million fans to ticketing platforms in 49 countries. It is the largest producer of live music concerts in the world, based on total fans that attend Live Nation events as compared to events of other promoters, connecting over 145 million fans to more than 6,800 artists at over 50,000 events in 2023. Live Nation owns, operates, has exclusive booking rights in 373 venues globally. It is one of the world's leading artist management companies based on the number of artists represented. It is the world's leading live entertainment ticketing sales and marketing company, based on the number of tickets sold. LOANDEPOT.COM LLC: Bid Leave to File Oversize Class Cert Memo OK'd ------------------------------------------------------------------ In the class action lawsuit captioned as JEFFREY KEARNS, individually, and on behalf of all others similarly situated, v. LOANDEPOT.COM, LLC, Case No. 8:22-cv-01217-JWH-JDE (C.D. Cal.), the Hon. Judge John Holcomb entered an order granting Loandepot.com's ex parte application for leave to file an oversize memorandum in opposition to the Plaintiff's motion for class certification. LoanDepot is a nonbank holding company which sells mortgage and non-mortgage lending products. A copy of the Court's order dated March 15, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=QPzApO at no extra charge.[CC] LOS ANGELES TIMES: Mirmalek Suit Removed to N.D. California ----------------------------------------------------------- The case styled as Taliah Mirmalek, individually and on behalf of all others similarly situated v. Los Angeles Times Communications LLC, Case No. 24CV063701 was removed from the Alameda County Superior Court, to the U.S. District Court for the Northern District of California on March 22, 2024. The District Court Clerk assigned Case No. 3:24-cv-01797 to the proceeding. The nature of suit is stated as Other Contract. The Los Angeles Times -- https://www.latimes.com/ -- is the largest metropolitan daily newspaper in the country.[BN] The Plaintiff appears pro se. The Defendant is represented by: Ann Marie Mortimer, Esq. HUNTON ANDREWS KURTH LLP 550 South Hope Street, Suite 2000 Los Angeles, CA 90071 Phone: (213) 532-2103 Email: amortimer@HuntonAK.com LOVEVERY INC: Ramirez Sues Over Data Privacy Violations ------------------------------------------------------- BRITTNEY RAMIREZ, individually and on behalf of all others similarly situated, Plaintiff v. LOVEVERY, INC.; and DOES 1 through 25, inclusive, Defendant, Case No. 24STCV06517 (Cal. Super., Los Angeles Cty., March 15, 2024) alleges that the Defendant violates the California Invasion of Privacy Act ("CIPA") and the California Trap and Trace Law. The Plaintiff alleges in the complaint that the Defendant has installed multiple data collection applications on the Website in collaboration with TikTok and other data companies that serve to gather data, develop secret profiles, learn "tendencies" and "draw inferences" about visitors to their website. The Defendant's data collection is done without the knowledge or consent of website users, who are unwittingly sharing information about their newborns and toddlers to data companies worldwide, says the suit. LOVEVERY, INC. education software solutions. The Company offers educational play products and toys designed by child development experts for stage-based learning. [BN] The Plaintiff is represented by: Robert Tauler, Esq. Matthew J. Smith, Esq. TAULER SMITH LLP 626 Wilshire Boulevard, Suite 550 Los Angeles, CA 90017 Telephone: (213) 927-9270 Email: robert@taulersmith.com matthew@taulersmith.com LUMINAR TECHNOLOGIES: Smith Alleges Breach of Fiduciary Duty ------------------------------------------------------------ JAMES SMITH, on behalf of himself and all similarly situated stockholders of LUMINAR TECHNOLOGIES, INC., Plaintiff v. ALEC GORES, JUN HONG HENG, MARY LOU JEPSON, SHAUN MAGUIRE, KATHARINE MARTIN, MATTHEW SIMONCINI, DANIEL D. TEMPESTA, AUSTIN RUSSELL, and LUMINAR TECHNOLOGIES, INC., Defendants, Case No. 2024-0285 (Del. Ch., March 21, 2024) seeks declaratory relief invalidating the Luminar's Advance Notice Bylaw, which allegedly contained provisions that serve as an unlawful deterrent to those seeking to meaningfully participate in the nomination process--a fundamental right of stockholders of a Delaware corporation. The Plaintiff asserts a claim for breach of fiduciary duty against the Director Defendants for incorporating an "Acting in Concert" definition with a "Daisy Chain" provision into the Advance Notice Bylaw. Such incorporation of the Acting in Concert definition forecloses a dissident stockholder’s ability to successfully wage a proxy contest, says the Plaintiff. Headquartered in Florida, Luminar is a global automotive technology company. [BN] The Plaintiff is represented by: Kimberly A. Evans, Esq. Irene R. Lax, Esq. Daniel M. Baker, Esq. Robert Erikson, Esq. BLOCK & LEVITON LLP 3801 Kennett Pike, Suite C-305 Wilmington, DE 19807 Telephone: (302) 499-3600 E-mail: kim@blockleviton.com irene@blockleviton.com daniel@blockleviton.com robby@blockleviton.com - and - Jason Leviton, Esq. BLOCK & LEVITON LLP 260 Franklin Street, Suite 1860 Boston, MA 02110 Telephone: (617) 398-5600 - and - Abbott Cooper, Esq. ABBOTT COOPER PLLC 1266 East Main Street Suite 700R Stamford, CT 06902 LX HAUSYS AMERICA: Torres Sues Over Fraud and Discrimination ------------------------------------------------------------ Sinuhe Cabrera Torres and Pedro Dominguez Balderas, individually and on behalf of all others similarly situated v. LX HAUSYS AMERICA, INC.; CL GLOBAL, LLC; and TOTAL EMPLOYEE SOLUTION SUPPORT, LLC, Case No. 1:24-cv-01283-MLB-RDC (N.D. Ga., March 25, 2024), is brought involving fraud, discrimination, breach of contract, and wage violations against foreign workers of Mexican ancestry and national origin who were exploited as part of an illegal scheme for cheap labor in LX Hausys's production plant, seeking lost wages, liquidated damages, and attorney’s fees and costs against Defendants for violations of the Fair Labor Standards Act of 1938 ("FLSA"). Defendant LX Hausys associated with the recruitment and staffing agencies CL Global and TESS for the common purpose of recruiting Plaintiffs and other foreign professionals from Mexico under the "Trade NAFTA" or "TN" visa program and housing them in Georgia so that they could provide labor for Defendant LX Hausys in the U.S. All Defendants knew that TN visas would not and could not be granted for the manual labor positions they wanted to fill at a manufacturing plant. Rather, TN visas are strictly regulated and available only to professional-level foreign workers with specialized education and experience who will come to the U.S. to work professional-level scientific and technical jobs. The Defendants therefore hatched a scheme to recruit highly skilled Mexican engineers and technicians for non-existent professional-level positions that would qualify for the TN visa program. The plan was a bait and switch accomplished by fraud against the foreign workers and the U.S. government: hire the professional-level Mexican engineers and technicians for non-existent engineer and technician jobs; assist the engineers and technicians with securing the TN visas by submitting fraudulent documents to the U.S. government; and when the foreign workers arrive in the United States, require the workers to perform manual labor with lower and discriminatory pay and excessive mandatory work hours. The Plaintiffs and other Mexican engineers and technicians were victims of this fraudulent scheme. They relied upon Defendants’ misrepresentations, paid money for fraudulently-obtained visas, spent money to travel to the U.S. Consulate for interviews, and moved from Mexico to the U.S. for jobs they reasonably believed qualified for the TN visa program and would utilize their specialized education, experience, and skill, says the complaint. The Plaintiffs are residents of Mexico and worked for Defendants LX Hausys and CL Global. LX Hausys is a foreign profit corporation with its principal place of business.[BN] The Plaintiff is represented by: Rachel Berlin Benjamin, Esq. Brian J. Sutherland, Esq. BEAL SUTHERLAND BERLIN & BROWN LLC 945 East Paces Ferry Rd. NE, Suite 2000 Atlanta, GA 30326 Phone: (404) 476-5305 - and - Daniel Werner, Esq. James Radford, Esq. RADFORD SCOTT, LLP 315 W. Ponce de Leon Ave., Suite 1080 Decatur, GA 30030 Phone: (678) 271-0300 Email: dwerner@radfordscott.com jradford@radfordscott.com - and - Christopher B. Hall, Esq. Ricardo Gilb, Esq. HALL & LAMPROS, LLP 300 Galleria Parkway, Suite 300 Atlanta, GA 30339 Phone: (404) 876-8100 Facsimile: (404) 876-3477 Email: chall@hallandlampros.com M&T BANK: Seeks Leave to Oppose Plaintiffs' Renewed Class Cert Bid ------------------------------------------------------------------ In the class action lawsuit captioned as DAVID JAROSLAWICZ, individually and on behalf of all others similarly situated, v. M&T BANK CORPORATION, et al., Case No. 1:15-cv-00897-EJW (D. Del.), the Defendants ask the Court to enter an order granting them motion for leave to incorporate by reference certain prior submissions in connection with their opposition to the Plaintiffs' renewed motion for class certification. 1. On June 8, 2022, the Defendants filed their Opposition to the Plaintiffs' original motion for class certification, and their motion to exclude the expert report and opinions of M. Travis Keath and David DeRosa. 2. Contemporaneously with these filings, the Defendants filed the Declaration of Katherine A. Hardiman in support of the Defendants' original opposition and the Defendants' Daubert motion, attaching Exhibits 1-37 cited in the Original Opposition and Daubert Motion. 3. On Aug. 28, 2023, the Court issued a memorandum opinion and order granting-in-part and denying-in-part the original class certification motion. 6. On Nov. 1, 2023, the Court announced its intention to review and amend its Aug. 28, 2023 Order. M&T Bank is a multi-state community-focused bank. A copy of the Defendants' motion dated March 19, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=BEZ8L4 at no extra charge.[CC] The Defendants are represented by: Kevin R. Shannon, Esq. POTTER ANDERSON & CORROON LLP Hercules Plaza 1313 N. Market Street, 6th Floor Wilmington, DE 19899-0951 Telephone: (3020 984-6000 - and - Tracy Richelle High, Esq. SULLIVAN & CROMWELL LLP 125 Broad Street New York, NY 10004-2498 Telephone: (212) 558-4000 - and - Brian M. Rostocki, Esq. REED SMITH LLP 1201 Market Street, Suite 1500 Wilmington, DE 19801 Telephone: (302) 778-7500 - and - Jonathan K. Youngwood, Esq. Janet A. Gochman, Esq. V. Noah Gimbel Katherine A. Hardiman SIMPSON THACHER & BARTLETT LLP 425 Lexington Avenue New York, NY 10017 Telephone: (212) 455-2000 M.A.C. COSMETICS: Bid to Extend Class Cert Deadlines Tossed ----------------------------------------------------------- In the class action lawsuit captioned as Maciel et al v. M.A.C. Cosmetics, Inc., Case No. 3:23-cv-03718 (N.D. Cal., Filed July 26, 2023), Hon. Judge Araceli Martinez-Olguin entered an order denying stipulation to extend discovery and class certification deadlines. -- The parties fail to show good cause for the amount of time requested as the stipulation largely repeats the same reasons stated in the parties' Jan. 4, 2024, scheduling modification request, which the Court granted. The nature of suit states Civil Rights -- Employment Discrimination.[CC] MACEOO LLC: Sookul Files ADA Suit in S.D. New York -------------------------------------------------- A class action lawsuit has been filed against Maceoo LLC. The case is styled as Sanjay Sookul, on behalf of himself and all others similarly situated v. Maceoo LLC, Case No. 1:24-cv-02175 (S.D.N.Y., March 22, 2024). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Maceoo -- https://maceoo.com/ -- offers luxury menswear featuring designer dress shirts and French cuff shirts.[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 MADE IN MEXICO UPTOWN: Oropeza Sues Over Unpaid Overtime Wage ------------------------------------------------------------- Salomon Oropeza, and all other similarly situated v. MADE IN MEXICO UPTOWN CORP (DBA MADE IN MEXICO) and ISMAEL BOURDIER, Individually, Case No. 1:24-cv-02236 (S.D.N.Y., March 25, 2024), is brought pursuant to the Fair Labor Standards Act ("FLSA"), the New York Labor Law ("NYLL") as recently amended by the Wage Theft Prevention Act ("WTPA"), seeks to recover, inter alia, unpaid overtime wage compensation for Plaintiff. The Defendants were required, under relevant New York State law, to compensate Plaintiff with overtime pay at one and one-half the regular rate for work in excess of 40 hours per work week. However, despite such mandatory pay obligations, Defendants only initially compensated Plaintiff at a rate of $18 and $22 per hour and failed to pay Plaintiff his lawful overtime pays for that period from February 2015 until March 16, 2024, where he consistently worked in excess of 40 hours per workweek. Plaintiff also brings this action under the Wage Theft Prevention Act for Defendants’ failure to provide timely and accurate written notice of wage rates in violation of said laws. Moreover, the Defendants failed to maintain accurate record keeping as required by the FLSA and the NYLL, says the complaint. The Plaintiff was employed as a cook. MADE IN MEXICO UPTOWN CORP (DBA MADE IN MEXICO) is a duly organized New York Corporation.[BN] The Plaintiff is represented by: Lina Stillman, Esq. STILLMAN LEGAL, P.C. 42 Broadway, 12t Floor New York, NY 10004 Phone: (212) 203-2417 Web: www.StillmanLegalPC.com MADWIRE LLC: Kelly FLSA & FMLA Suit Removed to D. Colorado ---------------------------------------------------------- The case styled ELIZABETH KELLY, on behalf of herself and all similarly situated persons v. MADWIRE LLC., Case No. 2024CV30166, was removed from the District Court for Larimer County, Colorado to the United States District Court for the District of Colorado on March 20, 2024. The Clerk of Court for the District of Colorado assigned Case No. 1:24-cv-00781-RMR to the proceeding. The case arises from the Defendant's alleged violations of the Fair Labor Standards Act, the Family and Medical Leave Act, and Colorado state law. Headquartered in Fort Collins, CO, Madwire LLC is a technology company that provides business management and marketing software and services for SMBs and franchises. [BN] The Defendant is represented by: Kelli Riley, Esq. RILEW LAW, LLC 1748 Topaz Drive Loveland, CO 80537 Telephone: (970) 509-3732 E-mail: kelli@rileylawllc.com MANGWA INVESTMENTS: Mello Files Suit in Mass. Super. Ct. -------------------------------------------------------- A class action lawsuit has been filed against Mangwa Investments Inc., et al The case is styled as Wiliam Mello, on behalf of himself and others similarly situated v. Mangwa Investments Inc. doing business as Savoy Nursing, Didie Watsop, Hortance Watsop, Case No. 2473CV00233 (Mass. Super. Ct., Bristol Cty., March 20, 2024). The case type is stated as "Contract / Business Cases." Mangwa Investments Inc. doing business as Savoy Nursing & Rehabilitation Center is a nursing home in New Bedford, Massachusetts.[BN] The Plaintiff is represented by: Eric J. Walz, Esq. Kenneth G. Wybieracki, Esq. RUDOLPH FRIEDMANN LLP 92 State St. Boston, MA 02109 MCE AUTOMOTIVE: Mboh Suit Removed to D. South Carolina ------------------------------------------------------ The case styled as Corie Mboh, individually, and on behalf of all others similarly situated v. MCE Automotive, Inc., Case No. 2024-CP-42-00469 was removed from the Spartanburg County Court of Common Pleas, to the U.S. District Court for the District of South Carolina on March 21, 2024. The District Court Clerk assigned Case No. 7:24-cv-01359-JDA to the proceeding. The lawsuit is brought over alleged violation of the Telephone Consumer Protection Act for Restrictions of Use of Telephone Equipment. MCE Automotive, Inc., doing business as Hyundai of Greer -- https://www.hyundaiofgreer.com/ -- offers new and used cars, vans, trucks, and sport utility vehicles along with financing, leasing, and maintenance services.[BN] The Plaintiff is represented by: Michael A. Timbes, Esq. Sarah Danielle Baum, Esq. Thomas J. Rode, Esq. THURMOND KIRCHNER AND TIMBES PA 15 Middle Atlantic Wharf, Suite 101 Charleston, SC 29401 Phone: (843) 937-8000 Email: michael@tktlawyers.com sarah@tktlawyers.com thomas@tktlawyers.com The Defendants are represented by: Robert E Sumner, IV, Esq. BUTLER SNOW - CHAS SC 25 Calhoun Street, Suite 250 Charleston, SC 29401 Phone: (843) 277-3700 Fax: (843) 277-3701 Email: robert.sumner@butlersnow.com MEDICAL MANAGEMENT: Anderson Files Suit in D. Arizona ----------------------------------------------------- A class action lawsuit has been filed against Medical Management Resource Group LLC. The case is styled as Lynnae Anderson, Michael Martinez, individually and on behalf of all others similarly situated v. Medical Management Resource Group LLC doing business as: American Vision Partners, Case No. 2:24-cv-00628-ROS (D. Ariz., March 21, 2024). The nature of suit is stated as Other Contract for Breach of Contract. Medical Resources Group, LLC -- https://www.mrgllc.net/ -- provides medical billing and collections services and solutions to the healthcare industry.[BN] The Plaintiffs are represented by: Brett R Cohen, Esq. Jeffrey K Brown, Esq. LEEDS BROWN LAW PC 1 Old Country Rd., Ste. 347 Carle Place, NY 11514 Phone: (516) 873-9550 - and - Charles E Schaffer LEVIN SEDRAN & BERMAN LLP 510 Walnut St., Ste. 500 Philadelphia, PA 19106 Phone: (215) 592-1500 Fax: (215) 592-4663 Email: cschaffer@lfsblaw.com - and - Cristina Perez Hesano PEREZ LAW GROUP PLLC 7508 N 59th Ave. Glendale, AZ 85301 Phone: (623) 826-5593 Email: cperez@perezlawgroup.com - and - Jeffrey Scott Goldenberg GOLDENBERG SCHNEIDER LPA 4445 Lake Forest Dr., Ste. 490 Cincinnati, OH 45242 Phone: (513) 345-8291 Fax: (513) 345-8294 Email: jgoldenberg@gs-legal.com MEDICAL MANAGEMENT: Pelt and Pelt Sue Over Unprotected Private Info ------------------------------------------------------------------- Latricia Pelt and Barry Pelt, individually and on behalf of all others similarly situated, Plaintiffs v. Medical Management Resource Group, LLC, d/b/a American Vision Partners, Defendant, Case No. 2:24-cv-00564-SPL (D. Ariz., March 18, 2024) arises from the Defendant's failure to properly secure Plaintiffs' and Class Members' personally identifiable information and personal health information. Medical Management Resource Group (MMRG) failed to comply with industry standards to protect information systems that contain PII and PHI. The Plaintiffs seek, among other things, orders requiring MMRG to fully and accurately disclose the nature of the information that has been compromised and to adopt sufficient security practices and safeguards to prevent incidents like the disclosure. The complaint alleges that MMRG disclosed the incident having become aware of outsiders having accessed Class Members' data on November 14, 2023. But it did not disclose the said incident until February 6, 2024, when it reported having sent notification letters to people whose PII and PHI was exposed by the data breach. Headquartered in Tempe, AZ, MMRG offers medical billing and collections services and solutions to its clients in the healthcare industry. [BN] The Plaintiffs are represented by: Cristina Perez Hesano, Esq. PEREZ LAW GROUP, PLLC 7508 North 59th Avenue Glendale, AZ 85301 E-mail: cperez@perezlawgroup.com - and - William "Billy" Peerce Howard, Esq. THE CONSUMER PROTECTION FIRM, PLLC 301 East Jackson Street, Suite 2340 Truist Place Tampa, FL 33602 Telephone: (813) 500-1500 E-mail: billy@TheConsumerProtectionFirm.com - and - Bart D. Cohen, Esq. BAILEY GLASSER LLP 1622 Locust Street Philadelphia, PA 19103 Telephone: (215) 274-9420 E-mail: bcohen@baileyglasser.com - and - Gary M. Klinger, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN LLC 227 W. Monroe Street, Suite 2100 Chicago, IL 60606 Telephone: (866) 252-0878 E-mail: gklinger@milberg.com MEDQ INC: Everett Files Suit in E.D. Texas ------------------------------------------ A class action lawsuit has been filed against medQ, Inc. The case is styled as Debra Everett, individually and on behalf of all others similarly situated v. medQ, Inc., Case No. 4:24-cv-00261 (E.D. Tex., March 25, 2024). The nature of suit is stated as Other Contract. medQ -- https://www.medq.com/ -- helps medical imaging teams reduce patient turnaround time and maximize revenue with automation-assisted Workflow Software tailored perfectly to meet their needs.[BN] The Plaintiff is represented by: Bruce William Steckler, Esq. STECKLER WAYNE COCHRAN PLLC 12720 Hillcrest Road, Suite 1045 Dallas, TX 75230 Phone: (972) 387-4040 Fax: (972) 387-4041 Email: bruce@swclaw.com MERITAS HEALTH: Ballard Suit Transferred to E.D. New York --------------------------------------------------------- The case styled as Gary Ballard, Mary Devling, individually and on behalf of all others similarly situated v. Meritas Health Corporation, Board of Trustees of North Kansas City Hospital, Perry Johnson & Associates, Inc., Case No. 4:24-cv-00154 was transferred from the U.S. District Court for the Western District of Missouri, to the U.S. District Court for the Eastern District of New York on March 21, 2024. The District Court Clerk assigned Case No. 1:24-cv-02065-RPK-LGD to the proceeding. The nature of suit is stated as Other Contract. Meritas Health, a multi-specialty group has nearly 30 medical clinics located primarily in Clay and Platte counties.[BN] The Plaintiffs are represented by: Andrew B Protzman, Esq. David D. Burkhead, Esq. Protzman Law Firm 4001 W 114th St, Suite 110 Leawood, KS 66211 Phone: (816) 421-5100 Fax: (816) 421-5105 Email: andy@protzmanlaw.com david@protzmanlaw.com MIHON CORP: Keegan Balks at Mislabeled Male Enhancement Supplements ------------------------------------------------------------------- BRIAN KEEGAN, individually and on behalf of those similarly situated v. MICHAEL LEE, TRAVIS MYERS, and MIHON CORP., Case No. 3:24-cv-10698 (N.D. Cal., March 19, 2024) accuses the Defendants of common law fraud and violation of the California Consumers Legal Remedies Act. The Plaintiff brings this class action over Defendants' alleged use of fraudulent or deceptive information regarding their product named "EnduranceXtra", which is distributed by Mihon Corp throughout the United States. Defendants represent to the public, in writing on the product label, as well as on its website, that EnduranceXtra is a "natural male enhancement supplement", a "blue pill", and effective for erectile dysfunction. Defendants claim that the product contains only natural and herbal ingredients, including Ginseng. However, laboratory testing of EnduranceXtra found that it is adulterated with Sildenafil, a PDE5 inhibitor available only under the supervision of a physician and by prescription only. PDE inhibitors are used to treat erectile dysfunction. The Plaintiff suffers from high blood pressure and high blood sugar and takes maintenance medication. Due to his medical conditions, Plaintiff is prohibited from ingesting Sildenafil. In January 2024, he purchased EnduranceXtra in reliance on Defendant's claim that it contained only natural ingredients and suffered adverse effects after ingesting the product, says the Plaintiff. Michael Lee serves as the Chief Financial Officer of the corporate Defendant, Mihon Corp which is located in San Francisco, CA. [BN] The Plaintiff is represented by: Lesley F. Portnoy, Esq. PORTNOY LAW FIRM 1100 Glendon Ave., 15th Floor Los Angeles, CA 90024 Telephone: (310) 692-8883 E-mail: lesley@portnoylaw.com - and - Harold M. Hoffman, Esq. 240 Grand Avenue Englewood, NJ 07631 Telephone: (201) 410-8223 E-mail: hoffman.esq@verizon.net MINNESOTA: Agrees to Settle Property Forfeiture Suit for $109-MM ---------------------------------------------------------------- Michelle Griffith, writing for Minnesota Reformer, reports that Minnesota taxpayers are on the hook for $109 million in recently settled class action lawsuits after a 2023 U.S. Supreme Court case that found state law regarding property forfeiture was unconstitutional. The U.S. Supreme Court last year ruled 9-0 in Tyler v. Hennepin County that the county violated a woman's constitutional rights when it sold her forfeited property for more than she owed in taxes and pocketed the difference, or the surplus. After the ruling, two class action lawsuits were filed against the state on behalf of Minnesotans who lost their properties to tax forfeiture and the counties keep the surpluses. The hefty budget item raises a question: Why is the state paying for the counties' illegal takings? Liz Kramer, Minnesota's solicitor general, said the counties kept a portion of the funds, but they were acting in accordance to state statute and the properties were taken in the name of the state of Minnesota. Because of that involvement in the forfeitures, the Legislature is poised to pay the $109 million settlement amount. Democratic-Farmer-Labor leaders released a budget agreement detailing how much lawmakers will spend this year over and above last year's two-year $72 billion budget. Gov. Tim Walz, House Speaker Melissa Hortman, DFL-Brooklyn Park, and Senate Majority Leader Erin Murphy, DFL-St. Paul, announced a $477 million agreement, which included the settlement. But it explained nothing about it, even though it takes up nearly 23% of the spending agreement. "This is a responsible, thoughtful agreement that maintains a balanced budget while funding our state's most urgent needs for critical infrastructure, public safety, and emergency services," Walz said in a statement. Last week, Walz also released his own budget proposal; it did not include the settlement. Kramer said the Office of the Attorney General has been in "a lot of regular communication" with leaders about the need to pay for the settlement. The state and the plaintiffs' lawyers in the class action suits came to an agreement of the settlement's basic terms on Feb. 28, Kramer said. The parties agreed to a settlement that includes properties affected by the tax forfeiture practice going back seven years, which covers about 6,000 Minnesota properties, Kramer said. The $109 million will go into a fund, and Kramer said the Legislature should allocate the funds as soon as possible so the state saves money on interest. Although the Supreme Court struck down the current forfeiture law, the Legislature hasn't passed a new one yet, leaving many properties in legal limbo. Once the Legislature passes a new tax forfeiture law, counties will begin to sell the properties they've seized in the past few years and give the surplus to the state, which will be about $26 million back into the state's general fund. As part of the settlement, most property owners who file a claim will be entitled to about 90% of the value of their property's surplus, or the difference between what they owned in taxes and the price at which the county sold it, Kramer said. DFL lawmakers are carrying bills this session related to the settlement. Sen. Grant Hauschild, DFL-Hermantown, is chief author of the bill (SF4936) to create the account in which to deposit the $109 million settlement. Rep. Sandra Feist, DFL-New Brighton, is carrying a bill (HF4822/SF4985) to change the state's tax forfeiture statutes in an attempt to make them constitutional in light of the Supreme Court decision. Rep. Aisha Gomez, DFL-Minneapolis, who is also chair of the House Taxes Committee, told the Reformer that the Legislature must fulfill its obligations by approving money for the settlement given the state's role in crafting the law that's since been struck down by the court. "Definitely not an election year winner or something that anyone was really excited to spend so much money on, but I've thought that we should at least help very significantly all along, and there wasn't much dissension about that" among other DFL lawmakers, she said. Kramer said the settlement was an example of "good government at work." "If this magically -- I'm knocking on wood here -- gets through the Legislature . . . it feels like a miracle," Kramer said. "It's a lot of money at stake and it just takes so many people to be willing to put the public interest ahead of what might be their own personal interests, and so we're really lucky that all these different parties and entities are willing to do that." [GN] MINNESOTA: Dalen Appeals Case Dismissal to 8th Cir. --------------------------------------------------- KYLE DALEN is taking an appeal from a court order dismissing his amended complaint in the lawsuit entitled Kyle Dalen, individually and on behalf of all others similarly situated, Plaintiff, v. Jodi Harpstead, Commissioner of the Minnesota Department of Human Services, in her individual and official capacities, Defendant, Case No. 0:23-cv-01877-ECT, in the U.S. District Court for the District of Minnesota. The nature of the suit is stated as 440 Civil Rights - Other Civil Rights. On July 5, 2023, the Plaintiff filed an amended complaint, which the Defendant moved to dismiss on July 19, 2023. On Sept. 11, 2023, the Plaintiff filed a motion for preliminary injunction. On Jan. 16, 2024, the Court granted in part the Defendant's motion to dismiss the amended complaint through an Order entered by Judge Eric C. Tostrud. The Plaintiff's claims arising under 42 U.S.C. Sec. 1983 and/or the U.S. Constitution were dismissed without prejudice. The Plaintiff's motion for preliminary injunction was denied. The Court held that the amended complaint does not allege facts plausibly showing the violation of a fundamental right or conscience-shocking conduct. Mr. Dalen cites no authority holding that a state official's successful legislative advocacy might trigger a substantive-due-process violation. On Feb. 7, 2024, the Court ordered that the Plaintiff's claims in his amended complaint arising under 42 U.S.C. Sec. 1983 and/or the U.S. Constitution are dismissed with prejudice. To the extent the amended complaint asserts state-law claims, the case is remanded to Dakota County District Court. The appellate case is captioned Kyle Dalen v. Jodi Harpstead, Case No. 24-1498, in the United States Court of Appeals for the Eighth Circuit, filed on March 11, 2024. The briefing schedule in the Appellate Case states that: -- Transcript is due on or before April 22, 2024; -- Appendix is due on April 30, 2024; -- Appellant Kyle Jerome Dalen's brief is due on April 30, 2024; and -- Appellee brief is due 30 days from the date the court issues the Notice of Docket Activity filing the brief of appellant. [BN] Plaintiff-Appellant KYLE JEROME DALEN, individually and on behalf of all others similarly situated, is represented by: James P. Conway, Esq. Kevin J. Wetherille, Esq. JASPERS & MORIARTY 206 Scott Street Shakopee, MN 55379 Telephone: (952) 445-2817 - and - David A. Goodwin, Esq. Daniel E. Gustafson, Esq. Joseph Nelson, Esq. Anthony James Stauber, Esq. GUSTAFSON & GLUEK 120 S. Sixth Street, Suite 2600 Minneapolis, MN 55402 Telephone: (612) 333-8844 - and - Jason D. Gustafson, Esq. THRONDSET & MICHENFELDER 222 S. Ninth Street, Suite 1600 Minneapolis, MN 55402 Telephone: (763) 515-6110 - and - Hannah L. Scheidecker, Esq. FREMSTAD LAW 3003 32nd Avenue, S., Suite 240 Fargo, ND 58103 Telephone: (701) 478-7620 Defendant-Appellee JODI HARPSTEAD, Commissioner of the Minnesota Department of Human Services, in her individual and official capacities, is represented by: Leaf Dilts McGregor, Esq. Aaron Edward Winter, Esq. ATTORNEY GENERAL'S OFFICE 445 Minnesota Street, Suite 1100 Saint Paul, MN 55101 Telephone: (651) 757-1258 651) 296-9412 MINNESOTA: Settles Property Forfeiture Class Suit for $109M ----------------------------------------------------------- The Mighty 790 KFGO reports that Minnesota taxpayers are on the hook for $109 million in recently settled class action lawsuits after a 2023 U.S. Supreme Court case that found state law regarding property forfeiture was unconstitutional. The U.S. Supreme Court last year ruled 9-0 in Tyler v. Hennepin County that the county violated a woman's constitutional rights when it sold her forfeited property for more than she owed in taxes and pocketed the difference, or the surplus. After the ruling, two class action lawsuits were filed against the state on behalf of Minnesotans who lost their properties to tax forfeiture and the counties keep the surpluses. The hefty budget item raises a question: Why is the state paying for the counties' illegal takings? Liz Kramer, Minnesota's solicitor general, said the counties kept the funds, but they were acting in accordance with state statute and the properties were taken in the name of the state of Minnesota. Because of that involvement in the forfeitures, the Legislature is poised to pay the $109 million settlement amount. On March 22, 2024, Democratic-Farmer-Labor leaders released a budget agreement detailing how much lawmakers will spend this year over and above last year's two-year $72 billion budget. Gov. Tim Walz, House Speaker Melissa Hortman, DFL-Brooklyn Park, and Senate Majority Leader Erin Murphy, DFL-St. Paul, announced a $477 million agreement, which included the settlement. But it explained nothing about it, even though it takes up nearly 23% of the spending agreement. "This is a responsible, thoughtful agreement that maintains a balanced budget while funding our state's most urgent needs for critical infrastructure, public safety, and emergency services," Walz said in a statement. Last week, Walz also released his own budget proposal; it did not include the settlement. Kramer said the Office of the Attorney General has been in "a lot of regular communication" with leaders about the need to pay for the settlement. The state and the plaintiffs' lawyers in the class action suits came to an agreement of the settlement's basic terms on Feb. 28, Kramer said. The parties agreed to a settlement that includes properties affected by the tax forfeiture practice going back seven years, which covers about 6,000 Minnesota properties, Kramer said. The $109 million will go into a fund, and Kramer said the Legislature should allocate the funds as soon as possible so the state saves money on interest. Although the Supreme Court struck down the current forfeiture law, the Legislature hasn't passed a new one yet, leaving many properties in legal limbo. Once the Legislature passes a new tax forfeiture law, counties will begin to sell the properties they've seized in the past few years and give the surplus to the state, which will be about $26 million back into the state's general fund. As part of the settlement, most property owners who file a claim will be entitled to about 90% of the value of their property's surplus, or the difference between what they owned in taxes and the price at which the county sold it, Kramer said. DFL lawmakers are carrying bills this session related to the settlement. Sen. Grant Hauschild, DFL-Hermantown, is chief author of the bill (SF4936) to create the account in which to deposit the $109 million settlement. Rep. Sandra Feist, DFL-New Brighton, is carrying a bill (HF4822/SF4985) to change the state's tax forfeiture statutes in an attempt to make them constitutional in light of the Supreme Court decision. Rep. Aisha Gomez, DFL-Minneapolis, who is also chair of the House Taxes Committee, told the Reformer that the Legislature must fulfill its obligations by approving money for the settlement given the state's role in crafting the law that's since been struck down by the court. "Definitely not an election year winner or something that anyone was really excited to spend so much money on, but I've thought that we should at least help very significantly all along, and there wasn't much dissension about that" among other DFL lawmakers, she said. Kramer said the settlement was an example of "good government at work." "If this magically -- I'm knocking on wood here -- gets through the Legislature . . . it feels like a miracle," Kramer said. "It's a lot of money at stake and it just takes so many people to be willing to put the public interest ahead of what might be their own personal interests, and so we're really lucky that all these different parties and entities are willing to do that." [GN] MOLSON COORS: Court Directs Parties to Confer Class Cert. Deadlines ------------------------------------------------------------------- In the class action lawsuit captioned as Krechting, et al., v. Molson Coors Beverage Company USA, LLC, Case No. 6:24-cv-00520 (M.D. Fla., Filed March 15, 2024), Hon. Judge Paul G. Byron entered an order directing to confer regarding deadlines pertinent to a motion for class certification and advise the Court of agreeable deadlines in their case management report. The deadlines should include a deadline for (1) disclosure of expert reports - class action, plaintiff and defendant; (2) discovery - class action; (3) motion for class certification; (4) response to motion for class certification; and (5) reply to motion for class certification. The nature of suit states Torts -- Personal Property -- Other Fraud. Molson operates as a brewery. The Company brews, produces, and markets beer in the United States.[CC] NEW WORLD: Breedlove et al. Sue Over Apartment Mismanagement ------------------------------------------------------------ LAWONDA BREEDLOVE, CATRESA MONTGOMERY, LOVESTER MONTGOMERY, FUQUAN THOMAS, SHEKITA WHITFIELD, GRECIA BOZEMAN, and JOANNA MANZI, on behalf of themselves and all others similarly situated, Plaintiffs, v. NEW WORLD CONDOMINIUM APARTMENTS CONDOMINIUM ASSOCIATION, INC., individually and in a representative capacity on behalf of all owners/members of the association, Defendant, Case No. 194284228 (Fla. Cir., 11th Judicial, Miami-Dade Cty., March 18, 2024) arises from New World Condominium Apartments Condominium Association's and Prestige Management's failures to address the fire alarm system, fire safety measures, and make improvements to the roof and cockloft area, among other things, contributed to the rapid spread or exacerbation of the condominium fire and its damages on January 28, 2023. The class action is brought on behalf of tenants who were displaced and who lost all or most of their earthly belongings as a result of a fire that should not have happened. In addition, the association's property management company, Prestige Management, acquired, hired, or secured the contractor, D.J.T.H, LLC, who was unlicensed to perform work on the roof of a heavily populated condominium, which presented a foreseeable risk of fire and loss. New World Condominium Apartments Condominium Association, Inc. is a Florida not-for-profit corporation based in Miami-Dade County, Florida. The association is charged with maintaining and operating the condominium property that has 86 residential units in 1996 per the Declaration of Condominium recorded in the Official Records Book of Miami-Dade County. [BN] The Plaintiffs are represented by: Dwayne A. Robinson, Esq. Benjamin J. Widlanski, Esq. Abe Andrew Bailey, Esq. KOZYAK TROPIN & THROCKMORTON LLP 2525 Ponce de Leon Blvd., 9th Floor Miami, FL 33134 Telephone: (305) 372-1800 Facsimile: (305) 372-3508 E-mail: drobinson@kttlaw.com bwidlanski@kttlaw.com abailey@kttlaw.com - and - Michael E. Levine, Esq. STEWART TILGHMAN FOX BIANCHI & CAIN, P.A. 1 SE Third Avenue Suite 3000 Miami, FL 33131 Telephone: (305) 358-6644 Facsimile: (305) 358-4707 E-mail: mlevine@stfblaw.com NEW YORK DRESS: Erkan Files ADA Suit in E.D. New York ----------------------------------------------------- A class action lawsuit has been filed against New York Dress Online, LLC. The case is styled as Nihal Erkan, on behalf of herself and all others similarly situated v. New York Dress Online, LLC, Case No. 1:24-cv-02141 (E.D.N.Y., March 25, 2024). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. NewYorkDress -- https://www.newyorkdress.com/ -- carries beautiful dresses from top designers for weddings, prom, evening events and more.[BN] The Plaintiff is represented by: Mars Khaimov, Esq. 14749 71st Ave. Flushing, NY 11367 Phone: (917) 915-7415 Email: mars@khaimovlaw.com NEW YORK, NY: Plaintiffs Seek to Certify Class & Subclass --------------------------------------------------------- In the class action lawsuit captioned as L.T., on Behalf of Herself and as Next Friend to Her Child, C.T., et al., v. New York City Department of Education, et al., Case No. 1:23-cv-09826-MMG (S.D.N.Y.), the Plaintiffs move the Court to enter an order, pursuant to Federal Rule of Civil Procedure 23, certifying a class and subclass. The Plaintiffs' motion is based on all pleadings filed in this action, the accompanying Memorandum of Law in Support of the Motion for Class Certification, Subclass Certification, and for a Preliminary Injunction, and the declarations of Jason H. Kim, Esq. and Elisa F. Hyman, Esq. in support, as well as the exhibits attached thereto, and such oral arguments and evidence as may be presented at the hearing on the motion. New York City Department of Education (NYCDOE) is the department of the government of New York City that manages the city's public school system. The Plaintiffs include E.W., on Behalf of Herself and as Next Friend to Her Child, Z.K.; M.C., on Behalf of Herself and as Next Friend to Her Child, G.L.; J.M., on Behalf of Herself and as Next Friend to Her Children, J.M.1, T.M., and D.M.; C.B, on Behalf of Herself and as Next Friend to Her Child, T.O.; K.D., on Behalf of Herself and as Next Friend to Her Child, V.D. The Defendants include The Board of Education of the City School District of the City of New York; Chancellor David Banks, In His Official Capacity, The City of New York. A copy of the Plaintiffs' motion dated March 20, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=otoSsP at no extra charge.[CC] The Plaintiffs are represented by: Jason H. Kim, Esq. SCHNEIDER WALLACE COTTRELL KONECKY 300 S. Grand Ave., Suite 2700 Los Angeles, CA 90071 Telephone: (415) 421-7100 Facsimile: (415) 421-7105 E-mail: jkim@schneiderwallace.com - and - Elisa F. Hyman, Esq. THE LAW OFFICE OF ELISA HYMAN, P.C. 1115 Broadway, 12th Floor New York, NY 10010 Telephone: (646) 572-9064 Facsimile: 646-572-9065 E-mail: elisahyman@gmail.com NICE GUYS: Fails to Pay Proper Wages, Cabrera Alleges ----------------------------------------------------- ALEJANDRO CABRERA, individually and on behalf of all others similarly situated, Plaintiff v. NICE GUYS LLC, Defendant, Case No. CACE-24-003621 (Fla. Cir., Broward Cty., March 15, 2024) seeks to recover from the Defendant unpaid wages and overtime compensation, interest, liquidated damages, attorneys' fees, and costs under the Fair Labor Standards Act. Plaintiff Cabrera was employed by the Defendant as a driver. NICE GUYS LLC is a Florida-based trucking company that provides transportation and logistics services throughout the continental United States. [BN] The Plaintiff is represented by: Jason S. Remer, Esq. REMER, GEORGES-PIERRE & HOOGERWOERD PLLC 2745 Ponce De Leon Blvd. Coral Gables, FL 33134 Telephone: (305) 416-5000 Facsimile: (305) 416-5005 Email: jremer@rgph.law NORDICTRACK INC: Barclay Bid to Strike Pleading OK'd ----------------------------------------------------- In the class action lawsuit captioned as Teeda Barclay, Nicole Nordick, and Jay Ovsak, individually and on behalf of all others similarly situated, v. NordicTrack, Inc., and iFit Health & Fitness, Inc., formerly known as Icon Health & Fitness, Inc., Case No. 0:19-cv-02970-ECT-DJF (D. Minn.), the Hon. Judge Eric Tostrud entered an order granting the Plaintiffs' motion to strike pleading as follows: 1. When deciding the Plaintiffs' motion for class certification [ECF No. 195], the following submissions will not be considered: ECF Nos. 213-1, 213-2, 213-5, 213-6, 213-12, 213-13, 213-14. 2. The Plaintiffs' reply in support of class certification is due March 29, 2024. The Plaintiffs allege that NordicTrack treadmills each of them purchased cannot achieve or maintain the continuous horsepower the Defendants represented the treadmills were capable of. The Plaintiffs assert claims on their own behalf and on behalf of proposed multi-state and Minnesota-specific classes of persons who also purchased NordicTrack treadmills. A hearing on the Plaintiffs' class-certification motion is scheduled for April 22, 2024. To oppose certification, the Defendants filed and relied on reports prepared by the Defendants' merits experts. Plaintiffs contend that this is improper under the operative scheduling order and move to exclude the Defendants' merits expert reports under Federal Rule of Civil Procedure Rule 16(f). The motion will be granted. The parties' joint Rule 26(f) report and the Court's scheduling order bifurcated class-certification expert discovery and merits expert discovery. The deadlines for class-certification expert discovery were roughly six months earlier than the deadlines for merits expert discovery. The only good faith interpretation of the scheduling order is that class-certification experts, and not merits experts, would be considered when deciding Plaintiffs' motion for class certification. Plaintiffs disclosed three class-certification experts. Defendants disclosed none. NordicTrack manufactures treadmills, strength training equipment, ellipticals, exercise bikes, and accessories. A copy of the Court's order dated March 18, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=9MrfXl at no extra charge.[CC] The Plaintiffs are represented by: Christopher P. Renz, Esq. Karl L. Cambronne, Esq. Bryan L. Bleichner, Esq. Jeffrey D. Bores, Esq. CHESTNUT CAMBRONNE PA 100 Washington Ave S UNIT 1700 Minneapolis, MN 55401 Telephone: (612) 339-7300 - and - Wilbert B. Markovits, Esq. Terence Coates, Esq. Dylan J. Gould, Esq. Justin C. Walker, Esq. MARKOVITS, STOCK & DEMARCO, LLC 19 E Court St 530 Cincinnati, OH 45202 Telephone: (855) 843-5442 - and - Nathan D. Prosser, Esq. HELLMUTH & JOHNSON PLLC 050 W 78th St Minneapolis, MN 55439 Telephone: (952) 941-4005 The Defendants are represented by: Courtney E. Ward-Reichard, Esq. Amanda M. Cialkowski, Esq. Cortney G. Sylvester, Esq. NILAN JOHNSON LEWIS PA 250 Marquette Avenue South, Suite 800 Minneapolis, MN 55401 Telephone: (612) 305-7500 Facsimile: (612) 305-7501 - and - Austin James Riter, Esq. Andrew Collins, Esq. Bryan Johansen, Esq. Kade N. Olsen, Esq. Terry Eugene Welch, Esq. PARR BROWN GEE & LOVELESS 101 S 200 E 700 Salt Lake City, UT 84111 Telephone: (801) 532-7840 NORTH STAR INSURANCE: Friel Files TCPA Suit in M.D. Pennsylvania ---------------------------------------------------------------- A class action lawsuit has been filed against North Star Insurance Advisors, LLC. The case is styled as Joseph Friel, individually and on behalf of a class of all persons and entities similarly situated v. North Star Insurance Advisors, LLC, Case No. 3:24-cv-00481-JKM (M.D. Pa., March 19, 2024). The lawsuit is brought over alleged violation of the Telephone Consumer Protection Act for Restrictions of Use of Telephone Equipment. North Star Insurance Advisors, LLC -- https://northstaria.com/ -- is a Life insurance agency and premium Final Expense Telesales Insurance Agency.[BN] The Plaintiff is represented by: Anthony I. Paronich, Esq. PARONICH LAW, P.C. 350 Lincoln St., Suite 2400 Hingham, MA 02043 Phone: (615) 485-0018 Email: anthony@paronichlaw.com - and - Jeremy C. Jackson, Esq. BOWER LAW ASSOCIATES, PLLC 403 South Allen Street, Suite 210 State College, PA 16801 Phone: (814) 234-2626 Fax: (814) 237-8700 Email: jjackson@bower-law.com NORTHEAST WORK: Obermeier Conditional Cert Bid Granted in Part -------------------------------------------------------------- In the class action lawsuit captioned as DAVID OBERMEIER, individually and on behalf of all others similarly situated, v. NORTHEAST WORK & SAFETY BOATS, LLC, JACK CASEY, and LINDA CASEY, Case No. 3:23-cv-00046-SVN (D. Conn.), the Hon. Judge Sarala Nagala entered an order granting in part and denying in part the Plaintiff's motion for conditional certification: -- The motion is granted insofar as it seeks conditional certification of Fair Labor Standards Act ("FLSA"), collective and denied insofar as it seeks conditional certification of state-law sub-collectives. By March 29, 2024, the parties shall submit a revised proposed notice and consent form in compliance with this ruling. By April 9, 2024, the Defendants shall produce to Plaintiff's counsel a list of the names, last known addresses, cell phone numbers, and email addresses of all potential members of the FLSA collective. The Plaintiff alleges, individually and on behalf of all others similarly situated, that Defendants failed to pay required overtime wages in violation of the FLSA and failed to pay prevailing minimum wages as required by New Jersey and Pennsylvania law. The Plaintiff alleges that he is considered "on the clock" only when the boat arrives at the bridge construction site. However, he and other similarly situated employees were required to conduct pre-travel safety checks on boats at the marina where they were docked, and then take the boats from the marina to the worksite, all of which took at least one hour per day, according to Plaintiff. The Plaintiff alleges he and other similarly situated employees should been compensated for that time pursuant to federal law and, because they were not, they are owed unpaid wages and overtime compensation under the FLSA. The Plaintiff Obermeier was employed as a deckhand and boat captain by Defendants. Northeast is a subcontractor, providing safety and inspection crews and work boats to general contractors who work on publicly-funded bridge inspection, construction, and repair projects. A copy of the Court's order dated March 19, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=EH7uch at no extra charge.[CC] OFFICE DEPOT: Yount Suit Removed to W.D. Washington --------------------------------------------------- The case captioned as Nicole Yount, individually and on behalf of all others similarly situated v. OFFICE DEPOT, LLC, a Delaware limited liability company doing business as OFFICE DEPOT; THE OFFICE CLUB, LLC, a Delaware limited liability company doing business as OFFICE DEPOT; and DOES 1-20, inclusive, was removed from the Superior Court of the State of Washington in and for the County of King, to the United States District Court for the Western District of Washington on March 22, 2024, and assigned Case No. 2:24-cv-00392-RSL. The Complaint set forth one cause of action against Defendants, premised on Defendants' alleged use of job postings that do not include the wage scales or salary ranges to be offered to hired applicants. The Complaint is styled as a class action and asserts allegations on behalf of a putative class under Washington Civil Rule 23.[BN] The Defendants are represented by: Breanne Martell, Esq. Derek Bishop, Esq. Rebecca Schach, Esq. LITTLER MENDELSON P.C. One Union Square 600 University Street, Suite 3200 Seattle, WA 98101.3122 Email: bsmartell@littler.com debishop@littler.com rschach@littler.com PEET'S COFFEE: Munoz et al. Sue Over Discriminatory Surcharges -------------------------------------------------------------- VERONICA MUNOZ, JENNIFER WILKINSON, KATHERINE HETHERTON, and MICHELLE IRWIN, individually and on behalf of all those similarly situated, Plaintiffs v. PEET’S COFFEE, INC., a Virginia Corporation, Defendant, Case No. 3:24-cv-01764-AGT (N.D. Cal., March 21,2024) arises from the Defendant's conduct that violated the Americans with Disabilities Act, California Unruh Civil Rights Act, Texas Human Resource Code, Massachusetts Anti-Discrimination Law, and constituted common law unjust enrichment. According to the complaint, the Defendant discriminates against Plaintiffs and the putative class members by levying a Surcharge for its Non-Dairy Alternatives in the form of Non-Dairy Alternatives added to its coffee-based drinks and other beverages. Accordingly, Plaintiffs also seek declaratory and injunctive relief to ensure that Defendant charges the same price to lactose intolerant customers and customers with milk allergies for the same menu items as regular customers and that it does not add a Surcharge for Non-Dairy Alternatives such as almond milk, oat milk or other lactose-free "milk." Headquartered in Emeryville, CA, Peet's operates over 280 coffee stores in the United States and over 200 in the state of California. [BN] The Plaintiffs are represented by: William M. Aron, Esq. ARON LAW FIRM 15 West Carrillo Street, Suite 217 Santa Barbara, CA 93101 Telephone: (805) 618-1768 E-mail: bill@aronlawfirm.com - and - Bogdan Enica, Esq. KEITH GIBSON LAW, P.C. 1200 N. Federal Highway, Suite 375 Boca Raton, FL 33432 Telephone: (305) 306-4989 E-mail: bogdan@keithgibsonlaw.com - and - Keith L. Gibson, Esq. KEITH GIBSON LAW, P.C. 490 Pennsylvania Avenue Suite 1 Glen Ellyn, IL 60137 Telephone: (630) 677-6745 E-mail: keith@keithgibsonlaw.com PETROPLEX ACIDIZING: Appeals Court Order in Dahl Suit to 10th Cir. ------------------------------------------------------------------ PETROPLEX ACIDIZING, INC. is taking an appeal from a court order in the lawsuit entitled Darvin Dahl, individually and on behalf of all others similarly situated, Plaintiff, v. Petroplex Acidizing, Inc., Defendant, Case No. 2:22-CV-00252-GJF-DLM, in the U.S. District Court for the District of New Mexico. The Plaintiff filed a complaint against the Defendant for its failure to properly pay wages for all hours worked in violation of the Fair Labor Standards Act. On May 22, 2022, the Defendant filed a motion to dismiss, which the Court denied through an Order entered by Magistrate Judge Gregory J. Fouratt on Jan. 19, 2023. The Court concluded that (1) it has personal jurisdiction over Defendant, (2) venue is proper in this District, and (3) venue should not be transferred to the Western District of Texas. The Plaintiff then filed a motion for conditional certification, which the Court granted in part and reserved ruling in part through an Order entered by Judge Fouratt on Jan. 2, 2024. On Jan. 16, 2024, the Defendant filed a motion to stay proceedings in order to pursue interlocutory appeal, which the Court granted on Jan. 22, 2024. On Jan. 30, 2024, the Defendant filed a motion for certification of interlocutory appeal, which the Court granted on Feb. 2, 2024. The appellate case is captioned Dahl v. Petroplex Acidizing, Inc., Case No. 24-2038, in the United States Court of Appeals for the Tenth Circuit, filed on March 12, 2024. The briefing schedule in the Appellate Case states that: -- Appellant Petroplex Acidizing, Inc.'s docketing statement, transcript order form, notice of appearance, and disclosure statement were due on March 26, 2024; and -- Appellee Darvin Dahl's notice of appearance was due on March 26, 2024. [BN] Plaintiff-Appellee DARVIN DAHL, individually and on behalf of all others similarly situated, is represented by: Curt Christopher Hesse, Esq. Melissa Moore, Esq. MOORE & ASSOCIATES 440 Louisiana Street, Suite 1110 Houston, TX 77002 Telephone: (713) 222-6775 Defendant-Appellant PETROPLEX ACIDIZING, INC. is represented by: Jonathan C. Bond, Esq. Miguel A. Estrada, Esq. Lochlan Francis Shelfer, Esq. GIBSON, DUNN & CRUTCHER 1050 Connecticut Avenue, N.W. Washington, DC 20036 Telephone: (202) 887-3704 (202) 955-8257 (443) 824-2122 - and - Chelsea R. Green, Esq. Richard E. Olson, Esq. HINKLE SHANOR P.O. Box 10 Rosewell, NM 88202 Telephone: (575) 622-6510 PHILIP MORRIS: Kelly Sues Over Nicotine-Based Products' False Ads ----------------------------------------------------------------- ZACHARY KELLY v. PHILIP MORRIS INTERNATIONAL, INC., and SWEDISH MATCH NORTH AMERICA, LLC, Case No. 0:24-cv-60437 (S.D. Fla., March 19, 2024) is a class action accusing the Defendants of engaging in unlawful, unfair and deceptive business practices. This action arises from Defendants' alleged false and deceptive advertising of its product, "Zyn" nicotine pouches. Plaintiff claims that Zyn has become increasingly popular especially among teens, due to Defendants' increased marketing, with the product often promoted as less harmful than other nicotine-based products like cigarettes. The Defendants falsely maintain that Zyn is a smokeless nicotine replacement therapy from cigarettes or e-cigarettes. However, the nicotine concentration levels in Zyn exceed the levels found in other nicotine replacement therapies. Further, Defendants claim that Zyn is "tobacco-free", which is a lie, because the nicotine in Zyn is derived from tobacco. Defendants allegedly use various flavors that appeal to young people in an attempt to lure them, including non-tobacco users, into buying the product. The Plaintiff began using Zyn as a teenager and was enticed by the flavors and Defendants' deceptive advertising. The Plaintiff brings a claim for design defect (strict liability), failure to warn (strict liability), negligence, and fraud. Headquartered in Stamford CN, Philip Morris is one of the world's leading international tobacco companies. Philip Morris bought the Zyn brand in 2022 after acquiring Zyn's maker, Swedish Match. [BN] The Plaintiff is represented by: Jeffrey L. Haberman, Esq. Scott P. Schlesinger, Esq. Jonathan R. Gdanski, Esq. SCHLESINGER LAW OFFICES, P.A. 1212 SE Third Avenue, Fort Lauderdale, FL 33316 Telephone: (954) 467-8800 E-mail: jhaberman@schlesingerlaw.com PODIUM CORP: Fails to Pay Overtime Wages, Hawthorne et al. Allege ----------------------------------------------------------------- AUSTIN HAWTHORNE, ROSS MITCHELL, ZACHARY FOTIS, BRAYDEN CAMPBELL, JOSH BAUMAN, SHAWN PEPPER, JOE CULLAR, JAKE MOSS, and MADELINE CELL, individually and on behalf of all others similarly situated, Plaintiffs v. PODIUM CORPORATION, INC., Defendant, Case No. 2:24-cv-00196 (D. Utah, March 15, 2024) seeks all available remedies under the Fair Labor Standards Act. One of the Plaintiffs, Austin Hawthorne, was employed by Podium in California from approximately April 2022 through September 2022 as a sales development representative. Plaintiff Hawthorne alleges Podium did not pay overtime wages for hours worked over 40 in a workweek even though Hawthorne worked more than 40 hours in a workweek. Based in Lehi, UT, Podium is incorporated in Delaware sells a cloud-based software. [BN] The Plaintiffs are represented by: April Hollingsworth, Esq. Katie Panzer, Esq. HOLLINGSWORTH LAW OFFICE 1881 South 1100 East Salt Lake City, UT 84105 Telephone: (801) 415-9909 Facsimile: (801) 303-7324 E-mail: april@aprilhollingsworthlaw.com katie@aprilhollingsworthlaw.com - and - Sally J. Abrahamson, Esq. WERMAN SALAS P.C. 335 18th Pl. NE Washington D.C. 20002 Telephone: (202) 830-2016 Facsimile: (312) 419-1025 E-mail: sabrahamson@flsalaw.com PRUCO LIFE INSURANCE: Faces California Advocates Class Suit ----------------------------------------------------------- Pruco Life Insurance Co. disclosed in its Form 10-K Report for the fiscal period ending December 31, 2023 filed with the Securities and Exchange Commission on March 20, 2023, that the Company faces the California Advocates for Nursing class suit in California Superior Court, Alameda County. In January 2024, a putative class action complaint entitled California Advocates for Nursing Home Reform v. The Prudential Insurance Company of America and Pruco Life Insurance Company, et al., was filed in California Superior Court, Alameda County, alleging that the Company has failed to comply with California laws requiring that life insurance policies issued or delivered in California: (i) provide for a contractual 60-day grace period pre-lapse during which a policy must stay in force; (ii) provide policyholders and designees with notice of payment default within 30 days and a 30-day advance written notice of pending lapse; and (iii) notify policyholders annually of their right to designate additional recipients for lapse notices. The complaint asserts claims for violation of California's Unfair Competition law and seeks unspecified damages along with declaratory and injunctive relief. Pruco Life Insurance Co. offers individual life insurance, variable life insurance,term life insurance, and individual variable annuities.[CC] PUBLIC PARTNERSHIPS: Quitero FLSA Suit Removed to S.D. Florida -------------------------------------------------------------- The case styled CARMEN VALDEZ QUITERO, and all others similarly situated under 29 U.S.C. 216 (b), v. PUBLIC PARTNERSHIPS, LLC., Case No. 2023-000441-CA-01, was removed from the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, to the United States District Court for the Southern District of Florida, Miami Division on March 20, 2024. The Clerk of Court for the Southern District of Florida assigned Case No. 1:24-cv-21082 to the proceeding. The case arises from the Defendant's alleged violations of the Fair Labor Standards Act. Public Partnerships, LLC is a financial management services provider based in Alpharetta, GA. [BN] The Defendant is represented by: Dion J. Cassata, Esq. JACKSON LEWIS P.C. One Biscayne Tower, Suite 3500 Two South Biscayne Boulevard Miami, FL 33131 Telephone: (305) 577-7600 Facsimile: (305) 373-4466 E-mail: dion.cassata@jacksonlewis.com QUALITY INSTALLATIONS: Wilk Conditional Cert Bid Partly OK'd ------------------------------------------------------------ In the class action lawsuit captioned as PATRYK WILK, PAWEL KOTWICA, PAWEL WIACEK, TOMASZ WISLOCKI AND FELIX LEWIS, individually and on behalf of all other persons similarly situated, v. QUALITY INSTALLATIONS OF NY, INC., et al., Case No. 1:23-cv-06945-NRM-JAM (E.D.N.Y.), the Hon. Judge Joseph Marutollo entered an order granting in part and denying in part the Plaintiffs' motion for conditional certification as a collective action under the Fair Labor Standards Act ("FLSA"). The Court further entered an order that: (1) by April 2, 2024, the Defendants are to produce to the Plaintiffs a spreadsheet including the names, dates of employment, positions held, last known addresses, and email addresses for all furniture installers and drivers who were employed by the Corporate Defendants at any time from Sept. 19, 2020 to the present; (2) the parties shall meet and confer in good faith, and, by April 9, 2024, the parties shall file a revised Proposed Notice, Proposed Consent to Join Form, and Proposed Reminder Notice that complies with the directives set forth herein; (3) by May 1, 2024, Plaintiffs or their designated representative shall cause a copy of the Notice and Consent to Join Form to be disseminated to the covered employees by first class mail and email. The Reminder Notice shall be disseminated to the covered employees by first class mail and email by June 15, 2024. The Plaintiffs seek conditional certification of a collective class of "furniture installers and drivers who were and are currently employed by the Corporate Defendants at any time between Sept. 19, 2017 through the present." The Plaintiffs commenced this action on Sep. 19, 2023, alleging that their former employers, Corporate Defendants, along with individually-named defendants, failed to pay them regular wages and overtime wages for work performed in violation of the FLSA, and New York Labor Law ("NYLL"), and failed to provide them with wage statements and notices. The Plaintiffs also bring breach of contract and quantum meruit claims. Quality is engaged in the business of carpentry, construction services, and office furniture installation. The Defendants include QUALITY INSTALLATIONS OF NEW YORK 2, INC., EAST COAST OFFICE FURNITURE INC., ANTONY PERLICKI, DANIEL PERLICKI, MAREK BABULA, ANNA PERLICKA, GRZEGORZ NOWAK, GRZEGORZ ZUBER, SEBASTIAN PLOSZEJ, PIOTR MILEWKI, RONALD RAMCHARRAN, RACH KLEPADLO, and SYLVESTER SADOWSKI. A copy of the Court's order dated March 19, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=bGDdwL at no extra charge.[CC] REDWIRE CORP: Continues to Defend Exchange Act Class Suit --------------------------------------------------------- Redwire Corp. disclosed in its Form 10-K Report for the fiscal period ending December 31, 2023 filed with the Securities and Exchange Commission on March 20, 2023, that the Company continues to defend itself from the Exchange Act-related class suit in the United States District Court for the Middle District of Florida. On December 17, 2021, the Company, its CEO, Peter Cannito, and, its then current, but now former CFO, William Read, were named as defendants in a putative class action complaint filed in the United States District Court for the Middle District of Florida. In the complaint, the plaintiff alleges that the Company and certain of its directors and officers made misleading statements and/or failed to disclose material facts about the Company's business, operations, and prospects, allegedly in violation of Section 10(b) (and Rule 10b-5 promulgated thereunder) and Section 20(a) of the Exchange Act. As relief, the plaintiffs are seeking, among other things, compensatory damages. The defendants believe the allegations are without merit and intend to defend the suit vigorously. On August 16, 2022, the defendants moved to dismiss the complaint in its entirety, and such motion was denied by the Court on March 22, 2023. However, given the current stage of the proceedings, a reasonable estimate of the amount of any possible loss or range of loss cannot be made at this time. Redwire is an American aerospace manufacturer and space infrastructure technology company.[CC] REDWIRE CORP: Court Extends Class Certification Deadlines --------------------------------------------------------- In the class action lawsuit captioned as LEMEN v. REDWIRE CORPORATION, et al., Case No. 3:21-cv-01254 (M.D. Fla., Filed Dec. 17, 2021), Hon. Judge Timothy J. Corrigan entered an order granting joint time-sensitive motion for extension of outstanding deadlines as to lead Plaintiff's motion for class certification to the extent that the deadline for defendants to respond to plaintiffs' motion for class certification is extended until April 24, 2024 and plaintiffs' reply will be due no later than June 20, 2024. The suit alleges violation of Securities Exchange Act. Redwire is an American aerospace manufacturer and space infrastructure technology company headquartered in Jacksonville, Florida. The company was formed on June 1, 2020, by the private equity firm AE Industrial Partners.[CC] REDWIRE CORP: Parties Seek More Time for Class Cert Response ------------------------------------------------------------ In the class action lawsuit captioned as JED LEMEN, Individually and on Behalf of All Others Similarly Situated, v. REDWIRE CORPORATION f/k/a GENESIS PARK ACQUISITION CORP., PETER CANNITO, and WILLIAM READ, Case No. 3:21-cv-01254-TJC-PDB (M.D. Fla.), the Parties request the Court to enter an order: (a) extending the Defendants' deadline to respond to the Class Certification motion to April 24, 2024; (b) extending Lead Plaintiff's deadline to file a reply to June 20, 2024; and (c) granting any such further relief as the Court deems necessary and proper. The deposition of Lead Plaintiff was originally scheduled for March 6, 2024. However, due to unforeseen medical circumstances that arose the evening before the deposition relating to Lead Plaintiff's wife, who is pregnant, the deposition was cancelled, the Parties said. The Lead Plaintiff and the Defendants are not able to reschedule the deposition of Lead Plaintiff until April 10, 2024, which is after the Defendants' response to the class certification motion is currently due. Redwire is an American aerospace manufacturer and space infrastructure technology company. A copy of the Parties' motion dated March 20, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=EmoEc5 at no extra charge.[CC] The Plaintiff is represented by: Reed R. Kathrein, Esq. Lucas E. Gilmore, Esq. Steve W. Berman, Esq. Peter A. Schaefffer, 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 steve@hbsslaw.com PeterSh@hbsslaw.com - and - Brian Schall, Esq. THE SCHALL LAW FIRM 2049 Century Park East, Suite 2460 Los Angeles, CA 90067 Telephone: (424) 303-1964 E-mail: brian@schallfirm.com - and - David M. Buckner, Esq. BUCKNER + MILES 2020 Salzedo Street, Suite 302 Coral Gables, FL 33134 Telephone: (305) 964-8003 Facsimile: (786) 523-0485 E-mail: david@bucknermiles.com The Defendants are represented by: Alfred J. Bennington, Jr., Esq. Glennys Ortega Rubin, Esq. H. Timothy Gillis, Esq. Jeffrey S. York, Esq. SHUTTS & BOWEN LLP 300 South Orange Avenue, Suite 1600 Orlando, FL 32801 Telephone: (407) 835-6755 Facsimile: (407) 849-7255 E-mail: bbennington@shutts.com grubin@shutts.com tgillis@shutts.com jyork@shutts.com REPUBLIC SERVICES: Plaintiffs Seek to Certify 2 Classes -------------------------------------------------------- In the class action lawsuit captioned as BUFFALO SEAFOOD HOUSE LLC, BUDGET INNS OF PENSACOLA, INC. d.b.a. PALM COURT INN, and GARIBIAN & ASSOCIATES ACCOUNTANCY CORPORATION, v. REPUBLIC SERVICES, INC., et alCase No. 7:22-cv-01242-RMG (D.S.C.), the Plaintiffs asks the Court to enter an order granting their motion and certifying the proposed classes: -- The Rate Increase Class "All entities and people who reside in the United States who, from January 1, 2017 through the date of class notice, entered into a Rate Adjustments provision that allows for increases to "adjust for" increases in costs or CPI and paid rates to Republic in excess of those originally listed in the written contract as a result of Republic's YMP policy;" -- The Fees Class "All entities and people who reside in the United States who, from Jan. 1, 2017 through the date of class notice, entered into a Rate Adjustments provision that allows for increases to "adjust for" increases in costs or CPI and paid Fuel Recovery Fees and/or Environmental Recovery Fees to Republic." The Plaintiffs also seek certification of two subclasses for entities and people who reside in California and Florida. Excluded from these Classes are entities and people who reside in Alabama, Arkansas, Missouri, New Jersey, Oklahoma and Kentucky. The Plaintiffs' proposed Rate Increase Class and Fees Class satisfy the requirements for class certification. Numerosity is satisfied as the class exceeds 100,000 members. Numerous common questions exist because the Plaintiffs' claims turn on Republic's YMP Rate Increase and Fee policies and practices, as well as a standardized Rate Adjustments contractual provision. The Plaintiffs also seek that Duffy & Young, LLC and Price Armstrong, LLC will continue to fairly and adequate represent the Classes after certification. Republic is a North American waste disposal company whose services include non-hazardous solid waste collection, waste transfer, waste disposal, recycling, and energy services. A copy of the Plaintiffs' motion dated March 19, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=VLD9tC at no extra charge.[CC] The Plaintiffs are represented by: Brian C. Duffy, Esq. Patrick C. Wooten, Esq. DUFFY & YOUNG, LLC 96 Broad Street Charleston, SC 29401 Telephone: (843) 720-2044 E-mail: bduffy@duffyandyoung.com pwooten@duffyandyoung.com - and - Oscar M. Price, IV, Esq. Nicholas W. Armstrong, Esq. PRICE ARMSTRONG, LLC 1919 Cahaba Road Birmingham, AL 35223 Telephone: (205) 208-9588 E-mail: oscar@pricearmstrong.com nick@pricearmstrong.com - and - T. Ryan Langley, Esq. HODGE & LANGLEY, PC 229 Magnolia Street Spartanburg, SC 29304 Telephone: (850) 222-2000 E-mail: rlangley@hodgelawfirm.com - and - H. Ryan Lutz, Esq. CORY WATSON PC 2131 Magnolia Avenue South Birmingham, AL 35205 Telephone: (205) 328-2200 E-mail: rlutz@corywatson.com SAMUEL SON & CO: Henderson Labor Suit Removed to C.D. California ---------------------------------------------------------------- The case styled RODERICK HENDERSON v. SAMUEL, SON & CO. USA, INC., et al., Case No. CVR12400772, was removed from the Superior Court of the State of California for the County of Riverside, to the United States District Court for the Central District of California on March 20, 2024. The Clerk of Court for the Central District of California assigned Case No. 5:24-cv-00595 to the proceeding. The case arises from the Defendants' alleged labor law violations, including, among others, failure to pay hourly wages and overtime, failure to provide meal and rest periods, failure to pay proper sick pay, failure to provide accurate wage statements, and failure to timely pay all final wages. Headquartered in Woodridge, IL, Samuel, Son, & Co. is a Canadian multinational company specializing in metal, processing, distribution, and industrial products. [BN] The Defendant is represented by: Christopher W. Decker, Esq. OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 400 South Hope Street, Suite 1200 Los Angeles, CA 90071 Telephone: (213) 239-9800 Facsimile: (213) 239-9045 E-mail: christopher.decker@ogletree.com SECURITY ENFORCEMENT: Herrera Seeks Security Guards' Unpaid Wages ----------------------------------------------------------------- GUILLERMO HERRERA, individually and on behalf of all others similarly situated v. SECURITY ENFORCEMENT ALLIANCE, INC., a California Corporation and DOES 1-50, inclusive, Case No. 24CV068272 (Cal. Super., Alameda Cty., March 19, 2024) accuses the Defendants of multiple violations of the California Labor Code. The Plaintiff was employed by Defendant Security Enforcement Alliance in August 2023 as a non-exempt security guard at its Oakland, CA location until his separation from Defendant's employment in approximately January 2024. The Plaintiff alleges that Defendant failed to compensate its non-exempt employees, including Plaintiff, for all hours worked, resulting in underpayment of minimum and overtime wages. The Defendant allegedly committed several other Labor Code violations, including failure to provide meal and rest periods, failure to provide accurate wage statements, and failure to reimburse necessary business expenses, says the Plaintiff. Security Enforcement Alliance operates as a security company and is headquartered in California. [BN] The Plaintiff is represented by: James R. Hawkins, Esq. Gregory Mauro, Esq. Michael Calvo, Esq. Lauren Falk, Esq. Ava Issary, Esq. JAMES HAWKINS APLC 9880 Research Drive, Suite 200 Irvine, CA 92618 Telephone: (949) 387-7200 Facsimile: (949) 387-6676 E-mail: James@jameshawkinsaplc.com Greg@jameshawkinsaplc.com Michael@jameshawkinsaplc.com Lauren@jameshawkinsaplc.com Ava@jameshawkinsaplc.com SEWON AMERICA: Heredia & Mondragon Sue Over Unfair Work Conditions ------------------------------------------------------------------ JIMMY RUIZ HEREDIA and EDGAR EMMANUEL SERRANO MONDRAGON, individually and on behalf of all others similarly situated, Plaintiffs v. SEWON AMERICA, INC., and TOTAL EMPLOYEE SOLUTION SUPPORT, LLC, Defendants, Case No. 3:24-cv-00050-TCB-RGV (N.D. Ga., March 15, 2024) arises from the Defendants' alleged fraud, discrimination, and wage violations against foreign workers who were exploited as part of an illegal scheme for cheap labor in the automotive manufacturing facility operated by Defendant Sewon America, Inc. in Lagrange, GA. The Plaintiffs are professional engineers from Mexico who were promised professional-level engineering jobs that would qualify for the "Trade NAFTA" or "TN" visa program but were instead lured to the U.S. to perform non-qualifying manual labor under discriminatory and unsafe working conditions. Moreover, Plaintiffs assert claims for breach of contracts of employment and for violations of the Fair Labor Standards Act and Georgia Racketeer Influenced and Corrupt Organizations Act. Based in LaGrange, GA, Sewon America, Inc. is a Georgia limited liability company that operates an automotive parts manufacturing plant. It is a subsidiary of the Sewon Technology Co., Ltd., one of the affiliated companies of South Korea's Sewon Group. [BN] The Plaintiffs are represented by: Brian J. Sutherland, Esq. Rachel Berlin Benjamin BEAL, SUTHERLAND, BERLIN & BROWN, LLC 2200 Century Parkway NE Suite 100 Atlanta, GA 30345 Telephone: (678) 439-0330 E-mail: brian@beal.law rachel@beal.law - and - Justin B. Connell, Esq. Andrew C. Suarez, Esq. ELARBEE, THOMPSON, SAPP & WILSON, LLP 800 International Tower 229 Peachtree Street, N.E. Atlanta, GA 30303 Telephone: (404) 659-6700 E-mail: connell@elarbeethompson.com suarez@elarbeethompson.com SIKA CORP: Jon Tate et al. Sue Over Price Fixing of CCAs -------------------------------------------------------- JON TATE CONSTRUCTION, LLC and JON S. GARRETT d/b/a BLACK RIVER MASONRY, on behalf of themselves and all others similarly situated, Plaintiffs v. SIKA CORPORATION; SIKA AG; CHRYSO, INC.; GCP APPLIED TECHNOLOGIES, INC.; COMPAGNIE DE SAINT-GOBAIN S.A.; SAINT- GOBAIN NORTH AMERICA; MASTER BUILDERS SOLUTIONS ADMIXTURES U.S., LLC; MASTER BUILDERS SOLUTIONS DEUTSCHLAND GMBH; CINVEN LTD.; CINVEN, INC.; THE EUCLID CHEMICAL COMPANY; RPM INTERNATIONAL INC.; and DOES 1-10, Defendants, Case No. 3:24-cv-00164-CWR-LGI (S.D. Miss., March 21, 2024) arises from Defendants' unlawful agreement to fix the prices for (a) concrete admixtures, (b) cement additives, and (c) admixtures for mortar (collectively, "CCAs"). The Defendants' unlawful agreement caused indirect purchasers of CCAs in the United States, including Plaintiffs and the Class, to pay supra-competitive prices for CCAs sold by Defendants in the United States and its territories since May 11, 2018, in violation of state antitrust, consumer protection, and unjust enrichment laws, as well as Sections 1 and 3 of the Sherman Act. Moreover, Defendants' scheme included both price increases and the imposition of surcharges on CCAs sold in the United States. The origins of Defendants' conspiracy can be traced to 2014, when Compagnie de Saint-Gobain S.A. launched a hostile takeover of Sika AG. Over the next four years, Compagnie de Saint-Gobain S.A. attempted to consolidate its control of Sika AG, ultimately acquiring nearly a quarter of Sika AG’s stock; however, on May 11, 2018, Compagnie de Saint-Gobain S.A. abandoned its takeover attempt, and agreed to reduce its stake to more than ten percent that it would hold for at least two years, says the suit. Headquartered in Lyndhurst, NJ, Sika Corporation is a New Jersey corporation that manufactures and sells CCAs in the United States, directly and/or through its predecessors, affiliates, or subsidiaries. It has approximately 36 locations throughout North America, including 28 in the United States. [BN] The Plaintiffs are represented by: Sarah Sterling Aldridge, Esq. John W. ("Don") Barrett, Esq. Katherine Barrett Riley, Esq. BARRETT LAW GROUP, P.A. P.O. Box 927 404 Court Square North Lexington, MS 39095-0927 Telephone: (662) 834-9168 Facsimile: (662) 834-2628 E-mail: saldridge@barrettlawgroup.com dbarrett@barrettlawgroup.com kbriley@barrettlawgroup.com SINCLAIR INC: Discloses Personal Info Third Parties, Hyman Claims ----------------------------------------------------------------- TRACY HYMAN, individually and on behalf of similarly situated individuals, Plaintiff v. SINCLAIR, INC. a Maryland corporation, Defendant, Case No. 2:24-cv-02168 (C.D. Cal., March 18, 2024) seeks to stop Defendant's unlawful disclosure of its customers' personally identifiable information (PII) and seeks redress for all those who have been harmed by Defendant's misconduct under the Video Privacy Protection Act, which prohibits the disclosure of consumers' video viewing history without their informed, written consent. Despite not obtaining informed, written consent from its Subscribers which is distinct and separate from any form setting forth other legal obligations, Defendant discloses its Subscribers' PII to various third parties. A live data-traffic analysis of Defendant's website shows that Defendant discloses its Subscribers' PII to Alphabet, Inc. (Google) by utilizing a Google Analytics Pixel to track every interaction that a Subscriber has while viewing Tennischannel.com, as well as to Easelive.tv, a provider of ad-integration services to streaming companies such as Defendant, says the suit. Headquartered in Hunt Valley, MD, Sinclair, Inc. is the operator of Tennischannel.com, one of the most popular sports streaming services in the country dedicated to providing prerecorded and live coverage of tennis and other racquetball sports. [BN] The Plaintiff is represented by: Eugene Y. Turin, Esq. MCGUIRE LAW, P.C. 55 W. Wacker Dr., 9th Fl. Chicago, IL 60601 Telephone: (312) 893-7002 Ex. 3 Facsimile: (312) 275-7895 E-mail: eturin@mcgpc.com SOLAREDGE TECHNOLOGIES: Hirani Alleges Breach of Fiduciary Duties ----------------------------------------------------------------- ABDUL HIRANI, Derivatively on Behalf of Nominal Defendant SOLAREDGE TECHNOLOGIES, INC., Plaintiff v. ZVI LANDO, RONEN FAIER, NADAV ZAFRIR, BETSY ATKINS, MARCEL GANI, DANA GROSS, DIRK HOKE, AVERY MORE, and TAL PAYNE, Defendants, and SOLAREDGE TECHNOLOGIES, INC., Nominal Defendant, Case No. 1:24-cv-01948 (S.D.N.Y., March 15, 2024) seeks to remedy Defendants' breaches of fiduciary duties and violations of federal law. Plaintiff Hirani brings this shareholder derivative action on behalf of SolarEdge against certain current and former officers and members of the Company's Board for breaches of their fiduciary duties to the Company and its stockholders between May 3, 2023 and October 19, 2023. Throughout the said period, the Individual Defendants continuously touted the Company's financial success, particularly the growth of the Company's market in Europe, and the increased business revenue. Specifically, the Individual Defendants failed to disclose to investors that: the Company's European distribution channels had high inventory levels; the Company was experiencing a significant amount of cancellations and pushouts of existing backlog from its European distributors; and that the Company's backlog and guidance was overstated, says the suit. SolarEdge is a Delaware corporation that designs, develops, and sells an intelligent inverter solution designed to maximize power generation at the individual photovoltaic module level. Its common stock trades on the NASDAQ under the ticker symbol "SEDG." [BN] The Plaintiff is represented by: Seth D. Rigrodsky, Esq. Timothy J. MacFall, Esq. Gina M. Serra, Esq. Vincent A. Licata, Esq. RIGRODSKY LAW, P.A. 825 East Gate Boulevard, Suite 300 Garden City, NY 11530 Telephone: (516) 683-3516 E-mail: sdr@rl-legal.com tjm@rl-legal.com gms@rl-legal.com vl@rl-legal.com - and - Joshua H. Grabar, Esq. GRABAR LAW OFFICE One Liberty Place 1650 Market Street, Suite 3600 Philadelphia, PA 19103 Telephone: (267) 507-6085 E-mail: jgrabar@grabarlaw.com STATE FARM: Chadwick Wins Bid for Class Certification ------------------------------------------------------ In the class action lawsuit captioned as ROSE CHADWICK, on behalf of herself and all others similarly situated, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Case No. 4:21-cv-01161-DPM (E.D. Ark.), the Hon. Judge D.P. Marshall Jr. entered an order: -- Denying the motions to exclude expert; -- Partly granting and partly denying State Farm's motion for summary judgment; and -- Granting Chadwick's motion for class certification. The Court certifies the class as defined to pursue Chadwick's breach claim. The Court directs the parties to do some targeted discovery to provide the Court a firmer number on class size. The Court also directs the parties to confer and make a proposal about the form, substance, and method of notice. Joint report on class size and notice issues due by 30 April 2024. The suit states that Rose Chadwick totaled her car in an accident. State Farm Mutual Automobile Insurance Company was her insurer. State Farm had promised to pay her the actual cash value of her car, minus a deductible. State Farm used Audatex, an appraisal vendor, to calculate that amount. Audatex issued a report specifying the actual cash value of Chadwick's car based on several factors. The report listed the prices of four comparable vehicles advertised for sale online. Audatex applied a "typical negotiation adjustment" of nine percent to the listed price of each. Chadwick says that this adjustment improperly assumed that an insured like her would always be able to negotiate a reduction in the list price of a comparable used vehicle. This adjustment, she says, resulted in State Farm paying her less than her car's pre-accident actual cash value. Chadwick has sued State Farm, bringing claims for breach of contract and declaratory judgment. State Farm moves to exclude two of Chadwick's experts. She moves to exclude one of State Farm's experts. State Farm also requests summary judgment on her claims. Chadwick says the case should go forward and seeks certification of a class of folks situated like her. The Court certifies the following class under Fed. R. Civ. P. 23(b)(3): "All persons who made a first-party claim on a policy of insurance issued by State Farm Mutual Automobile Insurance Company to an Arkansas resident where, from 29 November 2016 through the date an Order granting class certification is entered, State Farm Mutual Automobile Insurance Company determined that the vehicle was a total loss and based its claim payment on an appraisal report from Audatex where a typical negotiation deduction was applied to at least one comparable vehicle." State Farm is a group of mutual insurance companies throughout the United States. A copy of the Court's order dated March 18, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=XQke3d at no extra charge.[CC] SYMBRIA INC: Employee Stock Plan Class Suit Goes Trial ------------------------------------------------------ Jacklyn Wille of Bloomberg Law reports that Participants in Symbria Inc.'s employee stock ownership plan can go to trial in their class action saying they were forced to overpay for stock in the company during a 2015 transaction. The participants proved their underlying claims for prohibited transactions under the Employee Retirement Income Security Act, and a trial is needed to determine whether the lone defendant in the case, stock plan trustee Argent Trust Co., can escape liability by relying on one of the statute's exemptions, Judge Sara L. Ellis of the US District Court for the Northern District of Illinois said. [GN] T&T FARMS: Porter Seeks to Certify Class of Drivers --------------------------------------------------- In the class action lawsuit captioned as MICHAEL PORTER, an individual, individually and on behalf of all others similarly situated, v. T&T FARMS, INC., an Indiana Corporation; and THOMAS HALLECK, JR., an individual, Case No. 3:21-cv-00529-DRL-MGG (N.D. Ind.), the Plaintiff asks the Court to enter an order certifying the following Plaintiff Class: "All current and former Drivers who leased trucks and drove for T&T Farms pursuant to an Independent Contractor Agreement and had deductions taken from their compensation for a truck lease payment in any week within the United States at any time during the period beginning six years prior to the filing of this Complaint, and continuing through the resolution of this action." The Plaintiff further moves the Court to appoint him Class Representative, and to appoint his attorneys as Class Counsel. T&T is an active interstate freight carrier. A copy of the Plaintiff's motion dated March 19, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=4RhCMZ at no extra charge.[CC] The Plaintiff is represented by: Richard E. Shevitz, Esq. Scott D. Gilchrist, Esq. COHEN & MALAD, LLP One Indiana Square, Suite 1400 Indianapolis, IN 46204 Telephone: (317) 636-6481 Facsimile: (317) 636-2495 E-mail: rshevitz@cohenandmalad.com sgilchrist@cohenandmalad.com - and - Robert S. Boulter, Esq. LAW OFFICES OF ROBERT S. BOULTER 1101 5th Ave 310 San Rafael, CA 94901 Telephone: (415) 233-7100 E-mail: rsb@boulter-law.com THOMPSON MATCHBOX: Cosham Sues Over Servers' Unpaid Wages --------------------------------------------------------- JON R. COSHAM, ELIZABETH COSHAM, JULIO LOARCA, HAILEE CARDENAS, PHILLIP YOUNG, EVELIN REYES and ARIA PALOMO individually and on behalf of all others similarly situated v. THOMPSON MATCHBOX VENTURES LLC D/B/A MATCHBOX RESTON STATION and THOMPSON HOSPITALITY CORPORATION, Case No. 1:24-cv-00430 (E.D. Va., March 19, 2024) accuses the Defendants of violating the Fair Labor Standards Act, the Virginia Minimum Wage Act, and the Virginia Wage Payment Act. The Plaintiffs were employed as "tipped employees" by Defendants, working as servers and/or bartenders at Matchbox Reston Station between November 2021 and August 2022. Throughout their respective periods of employment, Plaintiffs and similarly situated employees spent a substantial amount of their time performing non-tipped duties relating to or supporting their tipped duties, occupying an average of approximately 30% of Plaintiffs' time during any given workweek. However, Defendants failed to pay Plaintiffs the minimum wages mandated by the FLSA and the VMWA and instead sought to avail themselves of the "tip credit" provisions of those statutes, paying Plaintiffs at a rate below the applicable minimum wage. The Defendants also allegedly withheld tips from some of the Plaintiffs on several occasions, says the suit. Based in Reston, VA, Thompson Matchbox Ventures LLC operates restaurants in multiple states, including the Matchbox Reston Station in Reston, VA. [BN] The Plaintiffs are represented by: J. Barrett Kelly, Esq. ALAN LESCHT & ASSOCIATES, P.C. 1825 K St., NW, Suite 750 Washington, DC 20006 Telephone: (202) 315-1742 Facsimile: (202) 463-6067 E-mail: Barrett.kelly@leschtlaw.com TRANS UNION: Faces Reyes Suit Over FCRA Violations -------------------------------------------------- MARVIN REYES, individually and on behalf of all others similarly situated, Plaintiff v. TRANS UNION, LLC, Defendant, Case No. 1:24-cv-21045-XXXX (S.D. Fla., March 18, 2024) seeks redress for the Defedant's violations of the Fair Credit Reporting Act. According to the complaint, Trans Union has violated the requirements of FCRA Sections 1681i(a)(1) and (2) by failing to reinvestigate disputed inquiries and failing to notify the source of the inquiry about the consumer’s dispute. As a result, Trans Union harmed Plaintiff and thousands like him across the United States, and undercut the healthy functioning of the consumer credit system by providing inaccurate and misleading credit history information about consumers to potential creditors and service providers. Headquartered in Chicago, IL, Trans Union, LLC is one of the largest credit reporting agencies in the United States and is engaged in the business of assembling and disseminating credit reports concerning hundreds of millions of consumers. [BN] The Plaintiff is represented by: Joseph H Kanee, Esq. MARCUS & ZELMAN, LLC 4000 Ponce de Leon, Suite 470 Coral Gables, FL 33146 Telephone: (786) 369-1122 Facsimile: (732) 298-6256 E-mail: joseph@marcuszelman.com TUBI INC: Appeals Arbitration Bid Denial in VPPA Suit to 7th Cir. ----------------------------------------------------------------- TUBI, INC. is taking an appeal from a court order in the lawsuit entitled Sylvia Campos, individually and on behalf of all others similarly situated, Plaintiff, v. Tubi, Inc., Defendant, Case No. 1:23-cv-03843, in the U.S. District Court for the Eastern District of Illinois. As previously stated in the Class Action Reporter, the lawsuit is brought against the Defendant for violations of the Video Privacy Protection Act ("VPPA"), which prohibits the disclosure of consumers' video viewing history without their informed, written consent. The Defendant filed a motion to compel arbitration. In the alternative, meaning that if the Court declines to compel arbitration, Tubi seeks dismissal of Campos's amended class action complaint for failure to state a claim pursuant to Rule 12(b)(6). In examining all the relevant circumstances, the Court finds that Tubi has not established that it reasonably communicated the existence of its Terms of Use ("TOU") to Campos. Accordingly, Tubi's motions to compel arbitration and to dismiss were both denied. The appellate case is captioned Sylvia Campos v. Tubi, Inc., Case No. 24-1368, in the United States Court of Appeals for the Seventh Circuit, filed on March 11, 2024. The briefing schedule in the Appellate Case states that: -- Appellant Tubi, Inc.'s Docketing Statement was due on March 15, 2024; -- Transcript information sheet was due on March 25, 2024; -- Appellant's brief is due on or before April 29, 2024; -- Appellee's brief due on or before May 29, 2024; and -- Appellant's reply brief, if any, is due on or before June 20, 2024. [BN] Plaintiff-Appellee SYLVIA CAMPOS, individually and on behalf of all others similarly situated, is represented by: Eugene Y. Turin, Esq. MCGUIRE LAW P.C. 55 W. Wacker Drive Chicago, IL 60601 Telephone: (312) 893-7002 Defendant-Appellant TUBI, INC. is represented by: David C. Layden, Esq. JENNER & BLOCK LLP 353 N. Clark Street Chicago, IL 60654 Telephone: (312) 923-2796 UNITED AIRLINES: Fails to Pay Proper Wages, Ogboroge Suit Claims ---------------------------------------------------------------- JONATHAN OGBOROGE, individually and on behalf of all others similarly situated, Plaintiff v. UNITED AIRLINES, INC., Defendant, Case No. 1:24-cv-02087 (E.D.N.Y., March 21, 2024) accuses the Defendant of violating the New York Labor Law. From 2015 to 2019, Plaintiff Ogboroge was employed by United as a nonexempt, hourly paid Flight Attendant and was based out of United's LaGuardia -Newark hub in New York City and Newark, New Jersey. Plaintiff was required to clock in an hour prior to his first flight of the day for domestic flights and an hour and fifteen minutes prior for international flights. Plaintiff received a certain stipend for this pre-flight wait time. The Plaintiff was not paid their regular rate of pay until the doors close on the plane prior to take off. In addition, the Defendant implemented a practice of paying Flight Attendants based on a "Flight Advance" without providing the actual hours worked and the applicable rates of pay, every wage statement issued by United to the Flight Attendants fails to reflect the actual hours worked with the applicable rates of pay for the stated pay period. Additionally, Plaintiff was, at all times, not paid for work performed within the pay period within seven days of the end of their pay periods as required by New York law, says the suit. Headquartered in Chicago, IL, United Airlines, Inc. provides retail air transportation in New York and on a national and international basis. [BN] The Plaintiff is represented by: Catherine E. Anderson, Esq. GISKAN SOLOTAROFF & ANDERSON LLP 90 Broad Street, 2nd Floor New York, NY 10004 Telephone: (212) 847-8315 E-mail: canderson@gslawny.com - and - David R. Markham, Esq. Maggie Realin, Esq. THE MARKHAM LAW FIRM 888 Prospect St., Suite 200 La Jolla, CA 92037 Telephone: (619) 399-3995 Facsimile: (619) 615-2067 E-mail: dmarkham@markham-law.com mrealin@markham-law.com - and - Ian Pancer, Esq. THE LAW OFFICE OF IAN PANCER 105 West F St. #400 San Diego, CA. 92101 Telephone: (619) 955-6644 Facsimile: (619) 374-7410 E-mail: ian@sandiegolegal.net - and - Roosevelt N. Nesmith, Esq. LAW OFFICE OF ROOSEVELT N. NESMITH LLC 400 Broadacres Drive, Suite 260 Bloomfield, NJ 07003 Telephone: (973) 259-6990 Facsimile: (866) 848-1368 E-mail: roosevelt@nesmithlaw.com UNITED STATES: Fogg Sues for Racial Discrimination in Employment ---------------------------------------------------------------- MATTHEW FOGG, individually and on behalf of a class of all other persons similarly situated v. MERRICK GARLAND, U.S. Attorney General, Department of Justice, Case No. 1:24-cv-00792-CRC (D.D.C., March 19, 2024) accuses the Defendant of violating the Civil Rights Act. This action arises from the alleged longstanding policies and practices of racial discrimination in employment implemented by the United States Marshal Service. The Plaintiff is an African American and a former Deputy United States Marshal (DUSM). He alleges that Black employees are denied employment opportunities at the USMS in favor of less senior, less qualified White employees. Black employees are also handed down greater and more severe penalties for infractions in disciplinary proceedings compared to their White counterparts. The USMS allegedly harassed and retaliated against Plaintiff and similarly situated Class members because of their efforts to enforce equal opportunity and non-discrimination in federal employment. Plaintiff further claims that the USMS has a long, documented history of continuing systematic discrimination against African Americans. The Plaintiff seeks damages, litigation costs and expenses, back pay, lost benefits and equitable monetary relief for lost compensation, and any other equitable relief. Merrick Garland is the Attorney General of the U.S. Department of Justice, under which the USMS operates. [BN] The Plaintiff, of Washington, DC, appears pro se. UNITED STATES: Rodriguez et al. Seek Humanitarian Parole -------------------------------------------------------- Mariselis FERRAL RODRIGUEZ et al., Plaintiffs v. ALEJANDRO MAYORKAS, in his official capacity as the United States Secretary of Homeland Security, ANTONY BLINKEN, in his official capacity as the United States Secretary of State, Defendants, Case No. 4:24-cv-00977 (S.D. Tex., March 18, 2024) seeks declaratory and injunctive relief against the Department of Homeland Security and the United States Department of State on behalf of over 400,000 Cuban people who are fleeing from economic crisis and a totalitarian regime. The Plaintiffs brings this class action against the defendants for refusing to comply with federally mandated duties under the Cuban Refugee Adjustment Act of 1966, the Immigration and Nationality Act of 1952, and Title 8 of the Code of Federal Regulations, and the Administrative Procedure Act. The Plaintiffs allege that Immigration and Customs Enforcement agents' blanket refusal to grant humanitarian parole under Section 212(d)(5)(a) to the proposed classes stands in opposition to agency guidance and amounts to agency action that lacks reasoned consideration. Alejandro Mayorkas is currently serving as the Secretary of the DHS, a federal executive department responsible for public security, roughly comparable to the interior or home ministries of other countries. [BN] The Plaintiffs are represented by: Carlos Dantes Mejias MEJIAS & ASSOCIATES PLLC 11451 Katy Freeway, Suite 505 Houston, TX 77079 Telephone: (832) 930-9983 E-mail: cdm@mejiasassociates.com UNITED SUGAR: WNT LLC Sues Over Inflated Granulated Sugar Prices ---------------------------------------------------------------- WNT, LLC AND WNT FARMINGTON LLC, on behalf of themselves and all others similarly situated, Plaintiffs 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, Defendants, Case No. 0:24-cv-00959 (D. Minn., March 18, 2024) seeks 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. Since at least January 1, 2019, Defendants and their co-conspirators allegedly conspired and combined to fix, raise, maintain, and stabilize prices for granulated sugar sold 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 Plaintiffs and other commercial, industrial, and institutional indirect purchasers to suffer overcharges, says the suit. Headquartered in Edina, MN, United Sugar Producers & Refiners Cooperative sells granulated sugar primarily under the brand name Crystal Sugar. The cooperative has four member-owners: United States Sugar Corporation; American Crystal Sugar Company; Minn-Dak Farmers Cooperative; and Wyoming Sugar Company, LLC. [BN] The Plaintiffs are represented by: 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 Telephone: (224) 632-4500 E-mail: 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 Telephone: (610) 234-6486 E-mail: kjustice@fklmlaw.com jjagher@fklmlaw.com - and - 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 Telephone: (612) 339-6900 Facsimile: (612) 339-0981 E-mail: hmsilton@locklaw.com jnservais@locklaw.com jcbourne@locklaw.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 Telephone: (212) 980-7400 E-mail: klerner@robinskaplan.com bsteinberg@robinskaplan.com ejalkut@robinskaplan.com lsong@robinskaplan.com - and - Jonathan M. Shapiro, Esq. AETON LAW PARTNERS LLP 311 Centerpoint Drive Middletown, CT 06475 Telephone: (860) 724-2160 E-mail: jms@aetonlaw.com VERIZON COMMUNICATIONS: April 15 Deadline Set for Claims Filing --------------------------------------------------------------- Andrew Weil, writing for 9news.com, reports that some Verizon wireless customers could soon be entitled to part of a proposed $100 million settlement that the company has agreed to pay to settle a class action lawsuit. But in order to get any money, which could be up to $100 each but will likely be a lot less, you have to file a claim and now have less than a month to apply. The case involves a lawsuit where customers claimed Verizon charged a monthly administration fee that "was unfair and not adequately disclosed," something the company has continued to deny, according to a claims website set up by a settlement administrator. While agreeing to the proposed settlement to resolve the lawsuit, Verizon has denied any wrongdoing and plans to continue to charge the administration fee at the center of the lawsuit. As part of the settlement, the company plans to adjust its customer agreement to include revised disclosures about the charge. "Verizon clearly identifies and describes its wireless consumer Admin Charge multiple times during the sales transaction, as well as in its marketing, contracts and billing," Rich Young, a spokesperson for Verizon, said in a statement when the settlement was announced earlier this year. "This charge helps our company recover certain regulatory compliance, and network related costs. As always, our Company stands committed to transparency and the clear disclosure of all consumer charges and fees." Who is eligible for Verizon's class action settlement? Anyone who received postpaid wireless or data services from Verizon and paid an administrative charge or administration and telco recovery charge between Jan. 1, 2016 and Nov. 8, 2023, according to the settlement website. Those who are eligible, according to Verizon's records, should receive a notice of the settlement by mail or e-mail. If you're eligible for the Verizon class action settlement but don't file a claim, then you won't receive any payment. How to submit a claim for Verizon's proposed class action settlement Eligible customers must fill out a two-page claim form either online on the claims website or submitted through the mail. The deadline to submit a claim or mail it is Monday, April 15, 2024. How much could you get from the Verizon settlement? According to the settlement agreement, each valid claim will start at a minimum of $15, plus $1 for every month you were a Verizon customer and paid the administration fee. The maximum payment is $100 per customer. However, the amount each person may receives could go down depending on how many customers file valid claims. Payments will be issued after the settlement is approved and finalized, but that could take some time. According to Reuters, lawyers for thousands of customers filed a motion back in January to intervene in the lawsuit in the hope of forcing the company into mass arbitration instead. It'll be up to the courts to decide whether to approve the settlement and when to greenlight payments. [GN] WALGREENS BOOTS: Faces Pemberton Suit Over Consumer Fraud --------------------------------------------------------- JASON PEMBERTON, individually and on behalf of all others similarly situated v. WALGREENS BOOTS ALLIANCE, INC. and WALGREEN CO., Case No. 1:24-cv-02312 (N.D. Ill., March 20, 2024) accuses the Defendants of violating Illinois consumer protection laws. This action arises from Defendants' alleged use of deceptive and misleading labeling regarding its generic "Walgreens" over-the-counter cough medicine. Such medicines contain the active ingredient Dextromethorphan Hydrobromide which causes drowsiness. However, Defendants misrepresented this fact by stating prominently on the front label of their Walgreens products that they are "Non-Drowsy". The Defendants allegedly misled Plaintiff and other reasonable consumers about the effects of the Non-Drowsy Walgreen products and overcharged them for the said products, says the suit. The Plaintiff brings a claim for breach of the Illinois Consumer Fraud and Deceptive Business Practices Act, breach of express warranty, breach of the Magnuson-Moss Warranty Act, and unjust enrichment. Walgreens Boots Alliance, Inc. is an integrated healthcare, pharmacy and retail company based in Deerfield, IL. [BN] The Plaintiff is represented by: Jonas Jacobson, Esq. Simon Franzini, Esq. DOVEL & LUNER, LLP 201 Santa Monica Blvd., Suite 600 Santa Monica, CA 90401 Telephone: (310) 656-7066 E-mail: jonas@dovel.com simon@dovel.com WALTON COUNTY, FL: Tancredi Sues Over Unlawful Property Taking -------------------------------------------------------------- ANTHONY AND STEPHANIE TANCREDI, Plaintiffs v. WALTON COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, Defendant, Case No. 3:24-cv-00118-TKW-HTC (N.D. Fla., March 18, 2024) is a class action seeking relief under the Takings Clause of the Fifth Amendment to the U.S. Constitution and the Takings Clause of Article X, Section 6(a) of the Florida Constitution. The Plaintiffs own certain beachfront property that the County and Sheriff physically occupied through officials of the County, including Sheriff deputies, Walton County Code Enforcement, and South Walton Fire District patrolling and occupying their private properties for a total of 29 days via an Amended Ordinance. The County and Sheriff, through threats of prosecution including fines of up to $500 and jail (up to 60 days), physically prevented Plaintiffs from being able to use or even set foot in their own backyards. Moreover, they physically appropriated Plaintiffs' beachfront properties for public use without the payment of compensation to the Plaintiffs. Accordingly, Plaintiffs seek just compensation for the temporary taking, attorney fees and costs, and any and all other relief as may be appropriate. Walton County is a political subdivision located on the Emerald Coast in the northwestern part of the U.S. It is run by Board of County Commissioners. [BN] The Plaintiffs are represented by: D. Kent Safriet, Esq. Joshua E. Pratt, Esq. HOLTZMAN VOGEL BARAN TORCHINSKY & JOSEFIAK 119 S. Monroe St. Suite 500 Tallahassee, FL 32301 Telephone: (850) 270-5938 E-mail: kent@holtzmanvogel.com jpratt@holtzmanvogel.com mfischer@holtzmanvogel.com - and - John Scarola, Esq. Carter W. Scott, Esq. SEARCY DENNEY SCAROLA BARNHART & SHIPLEY 517 N. Calhoun St. Tallahassee, FL 32301 Telephone: (850) 224-7600 E-mail: jsx@searcylaw.com cws@searcylaw.com WELLS FARGO: Nowlin et al. Seek Damages Over SCRA Violations ------------------------------------------------------------ CARMIN NOWLIN, TAMIKA HALEY, and JESUS RODRIGUEZ, on behalf of themselves and others similarly situated v. WELLS FARGO BANK, N.A., Case No. 5:24-cv-00179-BO (E.D.N.C., March 20, 2024) accuses the Defendants of violating the Servicemembers Civil Relief Act. Plaintiffs Nowlin, Haley, and Rodriguez are current and former servicemembers who began serving the nation in 2001, 1994, and 2016 respectively. Each of the Plaintiffs had one or more interest-bearing obligations to Defendant while on active duty that qualified for reduced interest and/or fees under the SCRA. The Defendant allegedly breached its statutory and contractual duties to Plaintiffs and Class members by charging interest rates and fees that were too high, which significantly increased Plaintiffs and Class members' principal balances. The Defendant eventually discovered that it had violated the SCRA and its own Military Benefits Program by charging servicemembers improperly high interest rates and fees during military service, but Defendant never disclosed such violations to the affected servicemembers. Instead, Defendant concealed its illegal practices and made misrepresentations to Plaintiffs and Class members, leading them to believe that Defendant was acting within the law. Plaintiffs and Class members only discovered Defendant's SCRA violations in 2022, says the suit. The Plaintiffs seek to recover actual damages and secure injunctive and declaratory relief ordering Defendant to cease and desist in its unlawful practices. Wells Fargo Bank, N.A. is a federal savings bank headquartered in San Francisco, CA. [BN] The Plaintiffs are represented by: Paul J. Puryear, Esq. Matthew D. Ballew, Esq. Robert E. Zaytoun, Esq. ZAYTOUN & BALLEW, PLLC 3130 Fairhill Drive, Suite 100 Raleigh, NC 27612  P.O. Box 6124 Raleigh, NC 27628 Telephone: (919) 832-6690  Facsimile: (919) 831-4793  E-mail: PJPuryear@zaytounlaw.com MBallew@zaytounlaw.com RZaytoun@zaytounlaw.com - and - Knoll D. Lowney, Esq. Claire Tonry, Esq. Marc Zemel, Esq. Alyssa Koepfgen, Esq. SMITH & LOWNEY, PLLC 2317 E. John Street Seattle, WA 98112 Telephone: (206) 860-2883 Facsimile: (206) 860-4187 E-mail: Knoll@smithandlowney.com Claire@smithandlowney.com Marc@smithandlowney.com Alyssa@smithandlowney.com [*] Free Webinar on AI, Crypto Class Actions Today -------------------------------------------------- Beard Group Inc. is hosting a FREE Class Action Webinar today, April 4th from 1:00-2:30 pm ET! SIGN UP NOW! 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. To register for CAME 2024, please visit https://www.classactionconference.com/ [*] Levine Law Sponsors 8th Annual Class Action Conference ---------------------------------------------------------- Levine Law, LLC is a sponsor of the Class Action Money & Ethics Conference this May. Levine Law -- https://lawlevine.com/ -- is a third generation law firm providing legal representation in California, Michigan, New York, Pennsylvania, and Ohio. It specializes in Personal Injury, Probate Estate, Medicaid Planning, Business Planning, Real Estate Closing, Estate Planning and Criminal Defense. Call (724) 658-5596 for the "People of PA's Lawyer." Join Levine Law 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; * 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 [^] ATTICUS Sponsors 8th Annual Class Action Conference ------------------------------------------------------- ATTICUS Administration, LLC, a class action notice campaign and claims administration company, is one of the sponsors of the Class Action Money & Ethics Conference this May. ATTICUS -- https://www.atticusadmin.com/ -- is located in Mendota Heights, Minnesota. The firm was founded by Christopher Longley and James Hardy. Longley serves as its CEO and Hardy as COO. Prior to co-founding Atticus, Longley was the CEO of Dahl Administration, where he oversaw the administrative services for more than 200 settlements. Hardy held finance leadership positions in a variety of industries, including contract manufacturing, medical devices, sheet-fed printing, and commodity trading, for 20 years. Registration is now open for the 8th Annual Class Action Money & Ethics Conference. This year's event is also being sponsored by: * 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 * Simpluris; and * Tremendous, a payouts platform Join top professionals and thought leaders in the class action industry for this one-day event. 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 [^] Broadridge Sponsors 8th Annual Class Action Conference ---------------------------------------------------------- Broadridge Financial Solutions (NYSE: BR), a global Fintech leader, is one of the sponsors of the Class Action Money & Ethics Conference this May. New York-based Broadridge -- https://www.broadridge.com/ -- has been providing critical infrastructure that powers corporate governance, capital markets and wealth and investment management for nearly six decades. Broadridge recently launched its global Futures and Options Software-as-a-Service (SaaS) platform, expanding its existing derivatives trading capabilities. A top 3 FCM has signed as an anchor client. Join Broadridge 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; * 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 * Simpluris; and * Tremendous, a payouts platform CAME 2024 will be held in-person at The Harmonie Club. To register, visit @ www.classactionconference.com/ For sponsorship or speakership opportunities, please contact: Will Etchison Tel: 305-707-7493 E-mail: will@beardgroup.com ********* S U B S C R I P T I O N I N F O R M A T I O N Class Action Reporter is a daily newsletter, co-published by Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Washington, D.C., USA. Rousel Elaine T. Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L. Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors. Copyright 2024. All rights reserved. ISSN 1525-2272. This material is copyrighted and any commercial use, resale or publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. Information contained herein is obtained from sources believed to be reliable, but is not guaranteed. The CAR subscription rate is $775 for six months delivered via e-mail. Additional e-mail subscriptions for members of the same firm for the term of the initial subscription or balance thereof are $25 each. For subscription information, contact Peter A. Chapman at 215-945-7000. *** End of Transmission ***