/raid1/www/Hosts/bankrupt/CAR_Public/240405.mbx
C L A S S A C T I O N R E P O R T E R
Friday, April 5, 2024, Vol. 26, No. 70
Headlines
3M COMPANY: Epps Sues Over Exposure to Toxic Aqueous Foams
3M COMPANY: Koff Sues Over Exposure to Toxic Film-Forming Foams
3M COMPANY: Pierce Sues Over Exposure to Toxic Chemicals
3M COMPANY: Toitch Sues Over Exposure to Toxic Film-Forming Foams
ABM AVIATION: Munoz Files Suit in Cal. Super. Ct.
ACCURATE BACKGROUND: Class Settlement in Stewart Gets Final Nod
AETREX INC: Web Site Not Accessible to Blind, Calcano Says
AMAZON.COM INC: Class Cert Bid Filing in Garner Extended to June 18
AMERICAN HONDA: Case Management Order Entered in Moore Class Suit
ARIZONA BEVERAGES: Class Cert. Bid in Jamison Extended to May 15
ARKANSAS: Elmore Files Suit in E.D. Arkansas
ASR GROUP: Up at 4 Inc. Sues Over Sugar Price Monopoly
BANK OF AMERICA: Court Junks Tristan et. al., Bid to Intervene
BRINKER INT'L: Class Cert Bid Filing in Hale Extended to July 17
CAMBER ENERGY: Continues to Defend Rowe Class Suit in Texas
CAPSTONE LOGISTICS: Saige Suit Seeks to Vacate Class Cert Deadlines
CARGILL MEAT: Class Cert Bid Filing in Marin Modified to August 20
CENGAGE LEARNING: Court OK's Class Form & Manner of Class Notice
CENTRAL GARDEN: Flodin Seeks to Seal Class Cert. Docs
CHANGE HEALTHCARE: Fails to Prevent Data Breach, Amherst Alleges
CHANGE HEALTHCARE: Fails to Prevent Data Breach, Bay Area Claims
CHARTER COMMUNICATIONS: Harper Bid for Partial Summary Ruling Nixed
CITI GENERAL: Fails to Pay Proper Wages, Batten Alleges
CONTINENTAL AG: Alessi Sues Over Tire Price Monopoly
GREENSBORO COLLEGE: Adkins-Pennix Sues Over Alleged Data Breach
HARBORWOOD CONSTRUCTION: Fails to Pay Proper Wages, Castillo Says
HERMES INTERNATIONAL: Cavalleri Sues Over Birkin Bag Illegal Scheme
HONDA MOTOR: Deadline for Class Cert. Filing Extended to June 10
HONEYWELL INT'L: Must Oppose Class Cert Bid in Steward by May 23
NATIONAL COLLEGIATE: Brantmeier Balks at Athlete's Pay Prohibition
PBF HOLDING: Goldenstein Class Suit Answering Brief Due April 22
PRODUCT MADNESS: Must Oppose Class Cert. Bid on Nov. 13 in Campos
RARE COIN: Has Made Unsolicited Calls, Coiro Suit Claims
SENTINELONE INC: Jones Sues Over Invalid Advance Notice Bylaw
SSR MINING: Faces Akhras Suit Over Drop in Share Price
TEXAS FARM: Files Appeal in Castro Suit to Tex. Appeals Ct.
TRANSPERFECT TRANSLATIONS: Metcalf Bid to Certify Class Partly OK'd
WAL-MART STORES: Acne Products Contain Benzene, Emery Says
ZIPRECRUITER INC: Jones Sues Over Invalid Advance Notice Bylaw
Asbestos Litigation
ASBESTOS UPDATE: BNS Sub Has 58 Pending Claims as of Dec. 31
ASBESTOS UPDATE: CarParts.com Faces Product Liability Claims
ASBESTOS UPDATE: Forum Energy Has $300K Liability as of Dec. 31
ASBESTOS UPDATE: Met-Pro Has 313 Pending Cases as of Dec. 31
ASBESTOS UPDATE: MLIC Increases Liability to $364MM at Dec. 31
ASBESTOS UPDATE: NL Industries Has 108 Pending Exposure Cases
ASBESTOS UPDATE: Park-Ohio Co-Defends 132 Personal Injury Cases
*********
3M COMPANY: Epps Sues Over Exposure to Toxic Aqueous Foams
----------------------------------------------------------
Richard Epps, and other similarly situated v. 3M COMPANY (f/k/a
Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS
INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE
FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN
PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY
FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE PLC;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS
COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest to The
Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY
AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.), Case No.
2:24-cv-00572-RMG (D.S.C., Feb. 2, 2024), is brought for damages
for personal injury resulting from exposure to aqueous film-forming
foams ("AFFF") containing the toxic chemicals collectively known as
per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is
not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane
sulfonic acid ("PFOS") and related chemicals including those that
degrade to PFOA and/or PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires. The Defendants collectively designed,
marketed, developed, manufactured, distributed, released, trained
users, produced instructional materials, promoted, sold, and/or
otherwise released into the stream of commerce AFFF with knowledge
that it contained highly toxic and bio persistent PFASs, which
would expose end users of the product to the risks associated with
PFAS. Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF
which contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remain
in the human body while presenting significant health risks to
humans.
The Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products caused Plaintiff to develop the
serious medical conditions and complications alleged herein.
Through this action, Plaintiff seeks to recover compensatory and
punitive damages arising out of the permanent and significant
damages sustained as a direct result of Decedent's exposure to
Defendants' AFFF products at various locations during the course of
Decedent's training and firefighting activities. Plaintiff further
seeks injunctive, equitable, and declaratory relief arising from
the same, says the complaint.
The Plaintiff regularly used, and was thereby directly exposed to,
AFFF in training and during his service in the United States Navy
and was diagnosed with prostate cancer as a result of exposure to
Defendants' AFFF products.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and sellers of PFAS
containing AFFF products or underlying PFAS containing chemicals
used in AFFF production.[BN]
The Plaintiff is represented by:
Tessa G. Cuneo, Esq.
Alexandra W. Robertson, Esq.
ASK LLP
2600 Eagan Woods Drive, Suite 400
St. Paul, MN 55121
Phone: (651) 406-9665
Facsimile: (651) 406
Email: tcuneo@askllp.com
arobertson@askllp.com
3M COMPANY: Koff Sues Over Exposure to Toxic Film-Forming Foams
---------------------------------------------------------------
Harry Koff, and other similarly situated v. 3M COMPANY (f/k/a
Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS
INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE
FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN
PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY
FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE PLC;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS
COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest to The
Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY
AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.), Case No.
2:24-cv-00573-RMG (D.S.C., Feb. 2, 2024), is brought for damages
for personal injury resulting from exposure to aqueous film-forming
foams ("AFFF") containing the toxic chemicals collectively known as
per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is
not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane
sulfonic acid ("PFOS") and related chemicals including those that
degrade to PFOA and/or PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires. The Defendants collectively designed,
marketed, developed, manufactured, distributed, released, trained
users, produced instructional materials, promoted, sold, and/or
otherwise released into the stream of commerce AFFF with knowledge
that it contained highly toxic and bio persistent PFASs, which
would expose end users of the product to the risks associated with
PFAS. Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF
which contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remain
in the human body while presenting significant health risks to
humans.
The Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products caused Plaintiff to develop the
serious medical conditions and complications alleged herein.
Through this action, Plaintiff seeks to recover compensatory and
punitive damages arising out of the permanent and significant
damages sustained as a direct result of Decedent's exposure to
Defendants' AFFF products at various locations during the course of
Decedent's training and firefighting activities. Plaintiff further
seeks injunctive, equitable, and declaratory relief arising from
the same, says the complaint.
The Plaintiff regularly used, and was thereby directly exposed to,
AFFF in training and to extinguish fires during his working career
as a military and/or civilian firefighter and was diagnosed with
bladder cancer as a result of exposure to Defendants' AFFF
products.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and sellers of PFAS
containing AFFF products or underlying PFAS containing chemicals
used in AFFF production.[BN]
The Plaintiff is represented by:
Richard Zgoda, Jr., Esq.
Steven D. Gacovino, Esq.
GACOVINO, LAKE & ASSOCIATES, P.C.
270 West Main Street
Sayville, NY 11782
Phone: 631-600-0000
Facsimile: 631-543-5450
- and -
Gregory A. Cade, Esq.
Gary A. Anderson, Esq.
Kevin B. McKie, Esq.
ENVIRONMENTAL LITIGATION GROUP, P.C.
2160 Highland Avenue South
Birmingham, AL 35205
Phone: 205-328-9200
Facsimile: 205-328-9456
3M COMPANY: Pierce Sues Over Exposure to Toxic Chemicals
--------------------------------------------------------
James Pierce, and other similarly situated v. 3M COMPANY (f/k/a
Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS
INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE
FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN
PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY
FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE PLC;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS
COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest to The
Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY
AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.), Case No.
2:24-cv-00571-RMG (D.S.C., Feb. 2, 2024), is brought for damages
for personal injury resulting from exposure to aqueous film-forming
foams ("AFFF") containing the toxic chemicals collectively known as
per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is
not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane
sulfonic acid ("PFOS") and related chemicals including those that
degrade to PFOA and/or PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires. The Defendants collectively designed,
marketed, developed, manufactured, distributed, released, trained
users, produced instructional materials, promoted, sold, and/or
otherwise released into the stream of commerce AFFF with knowledge
that it contained highly toxic and bio persistent PFASs, which
would expose end users of the product to the risks associated with
PFAS. Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF
which contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remain
in the human body while presenting significant health risks to
humans.
The Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products caused Plaintiff to develop the
serious medical conditions and complications alleged herein.
Through this action, Plaintiff seeks to recover compensatory and
punitive damages arising out of the permanent and significant
damages sustained as a direct result of Decedent's exposure to
Defendants' AFFF products at various locations during the course of
Decedent's training and firefighting activities. Plaintiff further
seeks injunctive, equitable, and declaratory relief arising from
the same, says the complaint.
The Plaintiff regularly used, and was thereby directly exposed to,
AFFF in training and during his service in the United States Navy
and was diagnosed with leukemia as a result of exposure to
Defendants' AFFF products.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and sellers of PFAS
containing AFFF products or underlying PFAS containing chemicals
used in AFFF production.[BN]
The Plaintiff is represented by:
Tessa G. Cuneo, Esq.
Alexandra W. Robertson, Esq.
ASK LLP
2600 Eagan Woods Drive, Suite 400
St. Paul, MN 55121
Phone: (651) 406-9665
Facsimile: (651) 406
Email: tcuneo@askllp.com
arobertson@askllp.com
3M COMPANY: Toitch Sues Over Exposure to Toxic Film-Forming Foams
-----------------------------------------------------------------
Cathy Toitch, as Personal Representative/Administrator/Executor of
the Estate of ROBERT TOITCH deceased, and others similarly situated
v. 3M COMPANY (f/k/a Minnesota Mining and Manufacturing Company);
AGC CHEMICALS AMERICAS INC.; ALLSTAR FIRE EQUIPMENT; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BASF CORPORATION;
BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CB
GARMENT, INC.; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.;
CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD;
CLARIANT CORP.; CORTEVA, INC.; DAIKIN AMERICA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; FIRE-DEX,
LLC; FIRE SERVICE PLUS, INC.; GLOBE MANUFACTURING COMPANY LLC;
HONEYWELL SAFETY PRODUCTS USA, INC.; INNOTEX CORP.; JOHNSON
CONTROLS, INC.; KIDDE PLC; L.N. CURTIS & SONS; LION GROUP, INC.;
MALLORY SAFETY AND SUPPLY LLC; MILIKEN & COMPANY; MINE SAFETY
APPLIANCES CO., LLC; MUNICIPAL EMERGENCY SERVICES, INC.; NATION
FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; PBI PERFORMANCE
PRODUCTS, INC.; PERIMETER SOLUTIONS, LP; RICOCHET MANUFACTURING
CO., INC; SAFETY COMPONENTS FABRIC TECHNOLOGIES, INC; SOUTHERN
MILLS, INC.; STEDFAST USA, INC.; THE CHEMOURS COMPANY; TYCO FIRE
PRODUCTS LP, as
successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a
GE Interlogix, Inc.); VERIDIAN LIMITED; W.L. GORE & ASSOCIATES
INC.; WITMER PUBLIC SAFETY GROUP; Case No. 2:24-cv-01444-RMG
(D.S.C., Feb. 6, 2024), is brought for damages for personal injury
resulting from exposure to aqueous film-forming foams ("AFFF")
containing the toxic chemicals collectively known as per and
polyfluoroalkyl substances ("PFAS"). PFAS includes, but is not
limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane
sulfonic acid ("PFOS") and related chemicals including those that
degrade to PFOA and/or PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires. TOG is personal protective equipment
designed for heat and moisture resistance in order to protect
firefighters in hazardous situations. Most turnout gear is made up
of a thermal liner, moisture barrier, and an outer layer. The inner
layers contain PFAS, and the outer layer is often treated with
additional PFAS.
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF and or TOG with knowledge that it
contained highly toxic and bio persistent PFAS, which would expose
end users of the product to the risks associated with PFAS.
Further, defendants designed, marketed, developed, manufactured,
distributed, released, trained users, produced instructional
materials, promoted, sold and/or otherwise handled and/or used
underlying chemicals and/or products added to AFFF or TOG which
contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to it where
it remains and persists over extended periods of time. Due to their
unique chemical structure, PFAS accumulates in the blood and body
of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remains
in the human body while contemporaneously presenting significant
health risks to humans.
The Defendants' PFAS-containing AFFF or TOG products were used by
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF or TOG products and relied on
the Defendants' instructions as to the proper handling of the
products. Plaintiff's consumption, inhalation and/or dermal
absorption of PFAS from Defendant's AFFF or TOG products caused
Plaintiff to develop the serious medical conditions and
complications alleged herein.
Through this action, Plaintiff seeks to recover compensatory and
punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to Defendants'
AFFF or TOG products at several Fire Departments and or Military
bases during Plaintiff's training and firefighting activities.
Plaintiff further seeks injunctive, equitable, and declaratory
relief arising from the same, says the complaint.
The Plaintiff Cathy Toitch is the duly-appointed personal
representative/administrator/executor of the Estate of Robert
Toitch who regularly used, and was thereby directly exposed to,
AFFF and TOG in training and to extinguish fires during his working
career as a military and/or civilian firefighter and was diagnosed
with pancreatic cancer as a result of exposure to Defendants' AFFF
and TOG products. Decedent's diagnosis caused and/or contributed to
his death.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and sellers of PFAS
containing AFFF products or underlying PFAS containing chemicals
used in AFFF production.[BN]
The Plaintiff is represented by:
Gregory A. Cade, Esq.
Gary A. Anderson, Esq.
Kevin B. McKie, Esq.
ENVIRONMENTAL LITIGATION GROUP, P.C.
2160 Highland Avenue South
Birmingham, AL 35205
Phone: 205-328-9200
Facsimile: 205-328-9456
ABM AVIATION: Munoz Files Suit in Cal. Super. Ct.
-------------------------------------------------
A class action lawsuit has been filed against ABM Aviation, Inc.,
et al. The case is styled as Juan Munoz, on behalf of himself and
all others similarly situated v. ABM Aviation, Inc, Does 1 Through
50, Case No. CGC24612482 (Cal. Super. Ct., San Francisco Cty., Feb.
16, 2024).
The case type is stated "Other Non-Exempt Complaints."
ABM -- https://www.abm.com/ -- is an airline services industry
leader with the resources and skilled mobile workforce that will
keep your planes, people, and baggage moving smoothly.[BN]
The Plaintiff is represented by:
Trevor Weinberg, Esq.
HAFFNER LAW PC
445 S Figueroa St., Ste. 2625
Los Angeles, CA 90071-1631
Phone: 213-516-8309
Email: tw@haffnerlawyers.com
ACCURATE BACKGROUND: Class Settlement in Stewart Gets Final Nod
---------------------------------------------------------------
In the class action lawsuit captioned as DAMARCUS STEWART, on
behalf of himself and all others similarly situated, v. ACCURATE
BACKGROUND, LLC, Case No. 5:22-cv-01926-EJD (N.D. Cal.), the Hon.
Judge Edward Davila entered an order:
1. The motion for final approval of class action settlement is
granted as to the final settlement agreement.
2. The motion for attorneys' fees and costs and the Plaintiff's
service award, as modified by the parties' notice of the
final
settlement agreement, is granted.
3. Without affecting the finality of this order in any way, the
Court retains jurisdiction of all matters relating to the
interpretation, implementation, and enforcement of this
order and the final settlement agreement.
4. The parties shall file a post-distribution accounting in
accordance with this District's Procedural Guidance for
class action settlements, and no later than March 20, 2025.
-- Settlement Terms
Under the terms of the Final Settlement Agreement,
Defendant
will pay a non-reversionary settlement amount of
$383,750.00
into a qualified settlement fund for payments to class
members, without admitting liability.
-- Settlement Class
The Final Settlement Agreement defines the class as:
From the period of February 20, 2020 to February 28, 2023,
all natural persons residing in the United States and its
Territories:
(a) about whom Defendant furnished a consumer report for
employment purposes;
(b) whose report contained one or more items of criminal
record information relating to a record that had been
(i)
expunged, (ii) sealed, (iii) dismissed pursuant to
California Penal Code section 1203.4, or (iv) otherwise
extinguished from the public record;
(c) who disputed information on their report;
(d) where an amended report was issued; and
(e) where the amendment of the report was related to the
reporting of a criminal record(s) that, at some point
before the resolution of the dispute, Defendant
determined to be expunged, sealed, otherwise
extinguished
from the public record, or dismissed pursuant to
California Penal Code section 1203.4.
-- Attorneys' Fees and Costs
Under the Final Settlement Agreement, the Plaintiff's
counsel
agreed to seek up to $95,750.00 in attorneys' fees and
$10,000.00 in litigation costs and expenses, for a total
of
$105,750.00. The Final Settlement Agreement also provides
that $20,000 of the $383,750.00 Settlement Fund will be
allocated to settlement administration costs (and that
notice
and administration costs in excess of the allocated
$20,000
will also be paid from the Settlement Fund).
Accurate provides customized background screening, drug testing,
and I-9 solutions through innovative, web-based technology.
A copy of the Court's order dated March 20, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=Ljlup6 at no extra
charge.[CC]
AETREX INC: Web Site Not Accessible to Blind, Calcano Says
----------------------------------------------------------
MARCOS CALCANO, individually and on behalf of all other similarly
situated, Plaintiff v. AETREX, INC., Defendant, Case No.
1:24-cv-02064-VEC (S.D.N.Y., March 19, 2024) alleges violation of
the Americans with Disabilities Act.
The Plaintiff alleges in the complaint that the Defendant's Web
site, https://www.aetrex.com/, is not fully or equally accessible
to blind and visually-impaired consumers, including the Plaintiff,
in violation of the ADA.
The Plaintiff seeks a permanent injunction to cause a change in the
Defendant's corporate policies, practices, and procedures so that
the Defendant's Web site will become and remain accessible to blind
and visually-impaired consumers.
AETREX, INC. operates as an online shopping portal. The Company
offers sandals, boots, clothing, and other accessories of women,
men, and children. [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
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
Email: Dana@Gottlieb.legal
Michael@Gottlieb.legal
Jeffrey@Gottlieb.legal
AMAZON.COM INC: Class Cert Bid Filing in Garner Extended to June 18
-------------------------------------------------------------------
In the class action lawsuit captioned as KAELI GARNER, et al., v.
AMAZON.COM, INC., a Delaware Corporation, and AMAZON.COM SERVICES
LLC, a Delaware Limited Liability Company, Case No.
2:21-cv-00750-RSL (W.D. Wash.), the Hon. Judge Robert S. Lasnik,
pursuant to the Parties' stipulated motion to modify class
certification briefing deadlines, entered an order that the case
schedule shall be modified as follows:
Event Current Proposed
Deadline Deadline
Last day to file motion for class April 19, 2024 June 18,
2024
certification (including expert
report in support of class
certification)
Last day to file opposition to June 26, 2024 Sept. 16,
2024
class certification (including
expert report in opposition to
class certification)
Last day to file reply in support July 26, 2024 Oct. 31,
2024
of class certification (including
reply class certification expert
report limited to any new subjects
introduced in opposition report)
Amazon.com is engaged in e-commerce, cloud computing, online
advertising, digital streaming, and artificial intelligence.
A copy of the Court's order dated March 20, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=C37I00 at no extra
charge.[CC]
The Plaintiffs are represented by:
Bradley S. Keller, Esq.
BYRNES KELLER CROMWELL LLP
1000 Second Avenue
Seattle, WA 98104
Telephone: (206) 622-2000
Facsimile: (206) 622-2522
E-mail: bkeller@byrneskeller.com
- and -
Michael P. Canty, Esq.
Carol C. Villegas, Esq.
Guillaume Buell, Esq.
David Saldamando, Esq.
Danielle Izzo, Esq.
LABATON SUCHAROW LLP
140 Broadway
New York, NY 10005
Telephone: (212) 907-0700
Facsimile: (212) 818-0477
E-mail: mcanty@labaton.com
cvillegas@labaton.com
gbuell@labaton.com
dsaldamando@labaton.com
dizzo@labaton.com
- and -
Paul J. Geller, Esq.
Stuart A. Davidson, Esq.
Mark J. Dearman, Esq.
Alexander C. Cohen, Esq.
Nicolle B. Brito, Esq.
ROBBINS GELLER
RUDMAN & DOWD LLP
225 NE Mizner Boulevard, Suite 720
Boca Raton, FL 33432
Telephone: (561) 750-3000
Facsimile: (561) 750-3364
E-mail: pgeller@rgrdlaw.com
sdavidson@rgrdlaw.com
mdearman@rgrdlaw.com
acohen@rgrdlaw.com
nbrito@rgrdlaw.com
The Defendants are represented by:
Brian D. Buckley, Esq.
Y. Monica Chan, Esq.
Jedediah Wakefield, Esq.
Tyler G. Newby, Esq.
Armen N. Nercessian, Esq.
Garner F. Kropp, Esq.
Melissa Lawton, Esq.
Esther D. Galan, Esq.
Janie Yoo Miller, Esq.
FENWICK & WEST LLP
401 Union Street, 5th Floor
Seattle, WA 98101
Telephone: (206) 389-4510
Facsimile: (206) 389-4511
E-mail: bbuckley@fenwick.com
jwakefield@fenwick.com
tnewby@fenwick.com
anercessian@fenwick.com
gkropp@fenwick.com
mlawton@fenwick.com
jmiller@fenwick.com
egalan@fenwick.com
AMERICAN HONDA: Case Management Order Entered in Moore Class Suit
-----------------------------------------------------------------
In the class action lawsuit captioned as KEVIN MOORE, et al., v.
AMERICAN HONDA MOTOR CO., INC., et al., Case No. 5:23-cv-05011-BLF
(N.D. Cal.), the Hon. Judge Beth Labson Freeman entered a case
management order as follows:
(1) The presumptive limits on discovery set forth in the Federal
Rules of Civil Procedure shall apply to this case unless
otherwise ordered by the Court.
(2) The deadline for joinder of any additional parties, or other
amendments to the pleadings, is sixty days after entry of
this
order unless stated otherwise below.
(3) The deadline for the parties to meet, confer, and submit a
stipulation and order setting all deadlines not set by the
Court below, including discovery cut-offs and expert
disclosure
deadlines, is March 29, 2024.
(4) All disputes with respect to disclosures or discovery are
referred to the assigned Magistrate Judge.
The further ordered that the following schedule and deadlines shall
apply to this case:
Event Date or Deadline
Last Day to Request Leave to 60 Days from Date
Amend the Pleadings per of this Order
F.R.Civ.P 15:
Last Day File Motion Class Jan. 10, 2025
Certification:
Last Day to Hear Dispositive Motions: July 10, 2025 at 9:00
a.m.
Final Pretrial Conference: Oct. 23, 2025 at 1:30
p.m.
Trial: Dec. 1, 2025 at 9:00
a.m.
American Honda is the North American subsidiary of the Honda Motor
Company.
A copy of the Court's order dated March 14, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=1MBCvI at no extra
charge.[CC]
ARIZONA BEVERAGES: Class Cert. Bid in Jamison Extended to May 15
----------------------------------------------------------------
In the class action lawsuit captioned as INFINQUE JAMISON, v.
ARIZONA BEVERAGES USA LLC and HORNELL BREWING CO., INC., Case No.
3:23-cv-00920-RFL (N.D. Cal.), Hon. Judge Rita Lin entered an order
compelling the Plaintiff to appear for deposition by a date certain
and extending deadline for class certification briefing:
Event New Deadline
Class certification motion and Plaintiff's May 15, 2024
Class certification expert disclosures due:
Defendant's opposition to class certification July 15, 2024
and expert disclosures opposing class
certification due:
Plaintiff's reply in support of class Aug. 15, 2024
Certification due:
Hearing on class certification motion: Sept. 10, 2024
Last Date to complete ADR Oct. 1, 2024
Arizona Beverages is a producer of many flavors of iced tea, juice
cocktails, and energy drinks.
A copy of the Court's order dated March 20, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=pCT0eG at no extra
charge.[CC]
The Plaintiff is represented by:
J. Ryan Gustafson, Esq.
GOOD GUSTAFSON AUMAIS LLP
2330 Westwood Boulevard, No. 103
Los Angeles, CA 90064
Telephone: (310) 274-4663
E-mail: jrg@ggallp.com
- and -
Steffan Keeton, Esq.
THE KEETON FIRM LLC
100 South Commons, Suite 102
Pittsburgh, PA 15212
Telephone: (888) 412-5291
E-mail: STKeeton@Keetonfirm.com
The Defendants are represented by:
Robert P. Donovan, Esq.
STEVENS & LEE
669 River Drive, Suite 201
Elmwood Park, NJ 07407
Telephone: (201) 857-6778
Facsimile: (610) 371-7938
E-mail: Robert.donovan@stevenslee.com
- and -
Kirby Hsu, Esq.
WILLENKEN LLP
707 Wilshire Boulevard, Suite 3850
Los Angeles, CA 90017
Telephone: (213) 955-9240
Facsimile: (216) 955-9450
E-mail: khsu@willenken.com
ARKANSAS: Elmore Files Suit in E.D. Arkansas
--------------------------------------------
A class action lawsuit has been filed against Does. The case is
styled as Jeffrey Elmore, and others similarly situated v. Does,
Employed by Arkansas Division of Correction, Case No.
4:24-cv-00263-BSM-JTK (E.D. Ark., March 21, 2024).
The nature of suit is stated as Civil Rights Prison Condition for
Prisoner Civil Rights.[BN]
The Plaintiff appears pro se.
ASR GROUP: Up at 4 Inc. Sues Over Sugar Price Monopoly
------------------------------------------------------
UP AT 4, INC. d/b/a GREAT HARVEST BREAD CO. (DULUTH, MN),
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-00970 (D. Minn.,
March 19, 2024) is an action arising from the Defendants' unlawful
agreement to fix prices for Granulated Sugar in the United States
in violation of the Sherman Act.
According to the Plaintiff in the complaint, to implement their
price-fixing conspiracy, Defendants exchanged detailed,
competitively sensitive, non-public information about Granulated
Sugar prices, capacity, sales volume, supply, and demand.
Defendants understood that by sharing this competitively sensitive
information with one another, they could hinder their customers'
ability to negotiate with them on price.
As a result of the 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.
ASR GROUP INTERNATIONAL, INC. operates as a holding company. The
Company, through its subsidiaries, refines purchased raw cane sugar
and sugar syrup. [BN]
The Plaintiff is represented by:
Shawn M. Raiter, Esq.
LARSON KING LLP
30 East Seventh Street, Suite 2800
St. Paul, MN 55101
Telephone: (651)312-6518
Email: sraiter@larsonking.com
- and -
Michael J. Flannery, Esq.
CUNEO GILBERT & LADUCA, LLP
Two City Place Drive Second Floor
St. Louis, MO 63141
Telephone: (314) 226-1015
Email: mflannery@cuneolaw.com
-and-
Cody McCracken, Esq.
Lissa Morgans, Esq.
CUNEO GILBERT & LADUCA, LLP
4725 Wisconsin Ave. NW Suite 200
Washington, DC 20016
Telephone: (202) 789-3960
Facsimile: (202) 589-1813
Email: cmccracken@cuneolaw.com
lmorgans@cuneolaw.com
BANK OF AMERICA: Court Junks Tristan et. al., Bid to Intervene
--------------------------------------------------------------
In the class action lawsuit captioned as NANCY GEORGION; SUSAN
PURDY; THAN SILVERLIGHT; CHRISTINA SMITH; and DONNA WILLIAMS on
behalf of themselves and all others similarly situated; v. BANK OF
AMERICA, N.A., Case No. 3:22-cv-00618-RJC-WCM (W.D.N.C.), Hon.
Judge W. Carleton Metcalf entered an order denying Natalie Tristan,
Avantika Ahuja, and Phillip Myers' motion to intervene for purposes
of filing motion to transfer or stay the case.
Additionally, while the Plaintiffs in each case seek to certify a
nationwide class, since class certification has not occurred in
either matter, the named Plaintiffs in each case continue to assert
their individual claims.
On April 20, 2022, Natalie Tristan filed a putative class action
complaint in California state court against Bank of America, N.A.
and
Early Warning Services, LLC d/b/a Zellepay.com ("EWS").
The Plaintiffs asserted claims for violations of California's False
Advertising Law and Unfair Competition Law, Nevada's Deceptive
Trade Practices Act, the Electronic Fund Transfer Act, breach of
contract, unjust enrichment, and negligence, all stemming from Bank
of America's use of Zelle.
Bank of America is an American multinational investment bank and
financial services holding company.
A copy of the Court's order dated March 20, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=04jZpV at no extra
charge.[CC]
BRINKER INT'L: Class Cert Bid Filing in Hale Extended to July 17
----------------------------------------------------------------
In the class action lawsuit captioned as AMANDA HALE and JESUS
GOMEZ, on behalf of themselves and all others similarly situated,
and the general public, v. BRINKER INTERNATIONAL, INC., a Delaware
corporation; BRINKER INTERNATIONAL PAYROLL COMPANY, L.P., a
Delaware limited partnership; BRINKER RESTAURANT CORPORATION, a
Virginia corporation; and DOES 1 through 50, inclusive, Case No.
3:21-cv-09978-VC (N.D. Cal.), the Hon. Judge Vince Chhabris entered
an order extending time for the Plaintiffs to file motion for class
certification and continuing related dates as modified:
Deadline/Hearing Current Modified
Deadline Deadline
Plaintiffs' motion for class Apr. 1, 2024 July 17,
2024
certification
Defendants' Opposition May 1, 2024 Aug. 16,
2024
Plaintiffs' reply May 22, 2024 Sept. 6,
2024
Hearing on Motion for Class June 6, 2024 Sept. 26,
2024
Certification at 10:00 a.m. at 10:00
a.m.
Brinker is an American multinational hospitality industry company.
A copy of the Court's order dated March 20, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=zlnHpV at no extra
charge.[CC]
CAMBER ENERGY: Continues to Defend Rowe Class Suit in Texas
-----------------------------------------------------------
Camber Energy Inc. disclosed in its Form 10-K Report for the fiscal
period ending December 31, 2023 filed with the Securities and
Exchange Commission on March 25, 2024, the Company continues to
defend Rowe class suit and wants it dismissed.
On February 9, 2024, plaintiff Lawrence Rowe, on behalf of himself
and all other similarly situated former public minority
shareholders of Viking, filed against the Company and its CEO a
putative Class Action Complaint (i.e. C.A. No.4:24-cv-00489) styled
Lawrence Rowe, Individually and on Behalf of All Others Similarly
Situated v. James A. Doris and Camber Energy, Inc., in the U.S.
District Court for the Southern District of Texas, Houston
Division.
The Complaint alleges breaches of fiduciary duty in connection with
the merger between Viking and the Company and seek to recover
damages for the alleged breaches.
The defendants deny the allegations and intend to move to dismiss
the case.
Camber is a growth-oriented diversified energy company.[BN]
CAPSTONE LOGISTICS: Saige Suit Seeks to Vacate Class Cert Deadlines
-------------------------------------------------------------------
In the class action lawsuit captioned as JACOB SAIGE & REGINALD
MCOWENS, individually, and on behalf of other similarly situated
individuals, v. CAPSTONE LOGISTICS, LLC, a limited liability
company; and DOES 1 through 25, inclusive, Case No.
5:24-cv-00195-RGK-SHK (C.D. Cal.), the Plaintiffs ask the Court to
enter an order granting their ex parte application for an order
vacating or continuing deadline to file their motion for class
certification.
The Plaintiffs contend that Ex parte relief is proper given the
impending, March 27, 2024, deadline for them to file their motion
for class certification pursuant to the Court's Jan. 30, 2024,
Standing Order Regarding Newly Assigned Cases.
On Jan. 17, 2024, the Plaintiffs propounded Interrogatories and
Requests for Production of Documents on Defendant in the state
court action.
Capstone is a third‐party logistics company offering
technology‐enhanced labor solutions for the full spectrum of
supply chain activities.
A copy of the Plaintiffs' motion dated March 21, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=k4WC5H at no extra
charge.[CC]
The Plaintiffs are represented by:
Karen I. Gold, Esq.
Ashley H. Cruz, Esq.
Marissa A. Mayhood, Esq.
BLACKSTONE LAW, APC
8383 Wilshire Boulevard, Suite 745
Beverly Hills, CA 90211
Telephone: (310) 622-4278
Facsimile: (855) 786-6356
E-mail: kgold@blackstonepc.com
acruz@blackstonepc.com
mmayhood@blackstonepc.com
The Defendant is represented by:
Gerald L. Maatman, Jr., Esq.
Jennifer A. Riley, Esq.
Nick Baltaxe, Esq.
DUANE MORRIS LLP
190 South LaSalle Street, Suite 3700
Chicago, IL 60603-3433
Telephone: (312) 499 6700
Facsimile: (312) 499 6701
E-mail: gmaatman@duanemorris.com
jariley@duanemorris.com
nbaltaxe@duanemorris.com
CARGILL MEAT: Class Cert Bid Filing in Marin Modified to August 20
------------------------------------------------------------------
In the class action lawsuit captioned as RICHARD MARIN, SAMANTHA
LOPEZ, individually and on behalf of all others similarly situated,
v. CARGILL MEAT SOLUTIONS CORPORATION, a Delaware Corporation; and
DOES 1-50, Inclusive, Case No. 1:22-cv-00578-KES-SKO (E.D. Cal.),
the Hon. Judge Sheila Oberto entered an order modifying the
Plaintiffs' motion for class certification deadline and related
deadlines:
-- Class Certification Discovery Cut-Off: July 17, 2024
-- Plaintiffs' deadline to file motion for Aug. 20, 2024
class certification:
-- Defendant's deadline to file its Sept. 24, 2024
Opposition:
-- Plaintiff's deadline to file Oct. 23, 2024
their reply; and
-- Hearing on Plaintiffs' motion for Dec. 4, 2024 -
class certification.
Cargill operates as a processor and distributor of fresh beef,
pork, turkey, and cooked and marinated meats.
A copy of the Court's order dated March 20, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=J4Z4lg at no extra
charge.[CC]
The Plaintiffs are represented by:
James R. Hawkins, Esq.
Gregory Mauro, Esq.
Michael Calvo, 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
The Defendants are represented by:
Richard H. Rahm, Esq.
Timothy L. Reed, Esq.
Ethan Lai, Esq.
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
One Embarcadero Center, Suite 900
San Francisco, CA 94111
Telephone: (415) 442-4810
E-mail: richard.rahm@ogletree.com
timothy.reed@ogletree.com
ethan.lai@ogletree.com
CENGAGE LEARNING: Court OK's Class Form & Manner of Class Notice
----------------------------------------------------------------
In the class action lawsuit captioned as DOUGLAS BERNSTEIN, ELAINE
INGULLI, TERRY HALBERT, EDWARD ROY, LOUIS PENNER, and ROSS PARKE,
as personal representative of THE ESTATE OF ALISON CLARKE-STEWART,
on behalf of themselves and others similarly situated, v. CENGAGE
LEARNING, INC. Case No. 1:19-cv-07541-ALC-SLC (S.D.N.Y.), the Hon.
Judge Sarah Cave entered an order granting motion for approval of
form and manner of class notice.
1. The Court approves the form and contents of the Short-Form
and
Long-Form Notices. The Notices shall be amended prior to
mailing
to update the placeholders currently in the Notices.
2. The proposed form and content of the Notices meet the
requirements of Federal Rule of Civil Procedure 23(c)(2)(B)
because they "clearly and concisely state in plain, easily
understood language.
3. The Court approves the retention of Rust Consulting as the
Notice Administrator.
4. Rust will establish and maintain an automated toll-free
number
that Class Members may call to obtain information about the
litigation.
On June 6, 2023, the Hon. Judge Sarah Cave recommended to the
Honorable Andrew L. Carter, Jr. that the implied covenant claim in
the above-captioned action be certified to proceed as a class
action against Defendant Cengage Learning, Inc. on behalf of
Classes
consisting of:
MindTap Class: Authors of works who entered into a publishing
agreement with Cengage Learning, Inc., or one of its
predecessors-in-interest, that provides that the agreement will be
governed by New York or Massachusetts law, and whose works have
been sold on the
MindTap platform and assigned a Digital Royalty Allocation ["DRA"]
of 50-75%, except those authors whose publishing agreement
contained (i) an arbitration clause or (ii) a clause restricting
the litigation of disputes to courts other than the U.S. District
Court for the Southern District of New York.
CU Class: Authors of royalty-bearing works who entered a publishing
agreement with Cengage Learning, Inc., or one of its
predecessors-in-interest, that provides that the agreement will be
governed by New York or Massachusetts law, and whose works have
been used on Cengage Unlimited, except those authors whose
publishing agreement contained (i) an arbitration clause or (ii) a
clause restricting the litigation of disputes to courts other than
the U.S. District Court for the Southern District of New York.
Cengage is a publisher of educational instructional materials.
A copy of the Court's order dated March 20, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=DL8OPD at no extra
charge.[CC]
CENTRAL GARDEN: Flodin Seeks to Seal Class Cert. Docs
-----------------------------------------------------
In the class action lawsuit captioned as JOHN FLODIN, et al.,
individually and on behalf of all others similarly situated, v.
CENTRAL GARDEN & PET COMPANY, a Delaware corporation, BREEDER'S
CHOICE PET FOODS, INC., and DOES 1-50, inclusive, Case No.
4:21-cv-01631-JST (N.D. Cal.), the Plaintiffs ask the Court to
enter an order granting their administrative motion to consider
whether another party's material should be sealed:
-- The records at issue support the Plaintiffs' motion for class
certification, appointment of class representatives and
appointment of class counsel.
Central Garden is a marketer and producer of quality branded
products for the lawn & garden and pet supplies markets.
A copy of the Plaintiffs' motion dated March 21, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=eVm9Ce at no extra
charge.[CC]
The Plaintiffs are represented by:
Dave Fox, Esq.
Joanna Fox, Esq.
Courtney Vasquez, Esq.
FOX LAW, APC
201 Lomas Santa Fe Dr., Suite 420
Solana Beach, CA 92075
Telephone: (858) 256-7616
Facsimile: (858) 256-7618
E-mail: dave@foxlawapc.com
joanna@foxlawapc.com
courtney@foxlawapc.com
CHANGE HEALTHCARE: Fails to Prevent Data Breach, Amherst Alleges
----------------------------------------------------------------
AMHERST PSYCHIATRIC SERVICES, individually and on behalf of all
others similarly situated, Plaintiff v. CHANGE HEALTHCARE INC.,
Defendant, Case No. 3:24-cv-00312 (M.D. Tenn., March 18, 2024) is
an action alleging that the Defendant failed to prevent the massive
data breach whereby hackers known as "ALPHV/Blackcat" ("Blackcat")
gained unauthorized access to its networks (the "Data Breach").
According to the Plaintiff in the complaint, the Defendant is
responsible for the Data Breach because it failed to implement
reasonable security procedures and practices and failed to disclose
material facts surrounding its deficient security protocols.
As a result of the Defendant's actions, the Plaintiff and Class
members did not receive the benefit of their bargain with Change
and are not receiving the services that they have paid for.
Furthermore, Plaintiff and Class members have not received payments
for their healthcare services and have incurred extra costs from
switching to another healthcare payment software, says the suit.
CHANGE HEALTHCARE, INC. provides healthcare technology solutions.
The Company offers analytical, connectivity, communication,
payment, consumer engagement, and workflow optimization software
solutions. [BN]
The Plaintiff is represented by:
J. Gerard Stranch, IV, Esq.
Michael Iadevaia, Esq.
Emily Schiller, Esq.
STRANCH, JENNINGS & GARVEY, PLLC
223 Rosa L. Parks Ave., Ste 200
Nashville, TN 37203
Telephone: (615) 254-8801
Facsimile: (615) 255-5419
Email: gstranch@stranchlaw.com
miadevaia@stranchlaw.com
eschiller@stranchlaw.com
- and -
Norman E. Siegel, Esq.
J. Austin Moore, Esq.
Stefon J. David, Esq.
STUEVE SIEGEL HANSON LLP
460 Nichols Road, Suite 200
Kansas City, MO 64112
Telephone: (816) 714-7100
Email: siegel@stuevesiegel.com
moore@stuevesiegel.com
david@stuevesiegel.com
- and -
E. Michelle Drake, Esq.
BERGER MONTAGUE
1229 Tyler Street NE, Suite 205
Minneapolis, MN 55413
Telephone: (612) 594-5933
Email: emdrake@bm.net
- and -
Mark B. DeSanto, Esq.
BERGER MONTAGUE
1818 Market Street, Suite 3600
Philadelphia, PA 19103
Telephone: (215) 875-3046
Email: mdesanto@bm.net
CHANGE HEALTHCARE: Fails to Prevent Data Breach, Bay Area Claims
----------------------------------------------------------------
BAY AREA THERAPY GROUP A MARRIAGE AND FAMILY COUNSELING CORP.,
individually and on behalf of all others similarly situated,
Plaintiff v. CHANGE HEALTHCARE INC.; OPTUM, INC.; and UNITEDHEALTH
GROUP INCORPORATED, Defendants, Case 3:24-cv-01682-AGT (N.D. Cal.,
March 18, 2024) is a class action against the Defendants for their
failure to maintain the security of their computer networks in
accordance with state and federal law.
The Plaintiff alleges in the complaint that as a result of the
Defendants' negligence, failures, and omissions, a well-known group
of cybercriminals, called ALPHV/Blackcat ("Blackcat") that have
been known for some time to target healthcare organizations, was
able to infiltrate Defendants' computers networks and steal for
ransom confidential health data and source code, among other things
("Data Breach"). The Plaintiff asserts that the Data Breach exposed
the vulnerabilities in the Defendants' computer networks and as a
result, Defendants took all of the affected computer networks
offline, leaving healthcare providers in dire straits.
The Defendants' negligence, failures, and omissions have
catastrophically harmed hard-working medical providers around the
country, forcing many to the edge of bankruptcy and delaying or
denying vital medical treatments needed by patients around the
county, says the Plaintiff.
CHANGE HEALTHCARE, INC. provides healthcare technology solutions.
The Company offers analytical, connectivity, communication,
payment, consumer engagement, and workflow optimization software
solutions. [BN]
The Plaintiff is represented by:
Rosemary M. Rivas, Esq.
David M. Berger, Esq.
Rosanne L. Mah, Esq.
GIBBS LAW GROUP LLP
1111 Broadway, Suite 2100
Oakland, CA 94607
Telephone: (510) 350-9700
Facsimile: (510) 350-9701
Email: rmr@classlawgroup.com
dmb@classlawgroup.com
rlm@classlawgroup.com
CHARTER COMMUNICATIONS: Harper Bid for Partial Summary Ruling Nixed
-------------------------------------------------------------------
In the class action lawsuit captioned as LIONEL HARPER, DANIEL
SINCLAIR, HASSAN TURNER, LUIS VAZQUEZ, and PEDRO ABASCAL,
individually and on behalf of all others similarly situated and all
aggrieved employees, v. CHARTER COMMUNICATIONS, LLC, Case No.
2:19-cv-00902-WBS-DMC (E.D. Cal.), the Hon. Judge William Shubb
entered an order denying the Plaintiffs' motion for partial summary
judgment.
Harper also requests that the court confirm his standing to sue
under PAGA by declaring him an "aggrieved employee" pursuant to the
statute.
Pursuant to its discretion, the court declines to do so at this
time.
Harper identifies no binding authority compelling the court to do
otherwise. Neither does he offer good reasons why "it will be
prudent to decide a PAGA plaintiff's aggrieved status first" in
this present case, at summary judgment. Neither can the court
discern any.
The Plaintiffs Lionel Harper and Daniel Sinclair move for partial
summary judgment on various alleged violations of the California
Labor Code. The violations relate to the Plaintiffs' claim for
unlawful calculation, deduction, and payment of commission wages;
and claim for failure to provide timely and complete copies of
employment records.
Harper also requests that the court determine that he is an
"aggrieved employee" pursuant to his Private Attorneys General Act
("PAGA") claim.
Charter is an American telecommunications and mass media company.
A copy of the Court's order dated March 20, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=CjD4pV at no extra
charge.[CC]
CITI GENERAL: Fails to Pay Proper Wages, Batten Alleges
-------------------------------------------------------
DARRIN BATTEN, individually and on behalf of all others similarly
situated, Plaintiff v. CITI GENERAL HARDWARE, INC.; and CITI PAINTS
AND HARDWARE, INC.; BROOKLYN HARDWARE SUPPLY CO., INC.; MARKS TOOLS
AND HARDWARE, INC.; JAMAICA BUILDING SUPPLY INC.; and MUJAHIDAL
ISLAM, Defendants, Case No. 1:24-cv-02039 (E.D.N.Y., March 20,
2024) is an action against the Defendants' failure to pay the
Plaintiff and the class minimum wages, and overtime compensation
for hours worked in excess of 40 hours per week.
Plaintiff Batten was employed by the Defendants as a driver.
CITI GENERAL HARDWARE, INC. operates hardware stores in Brooklyn,
Manhattan, and Queens. [BN]
The Plaintiff is represented by:
Yuezhu Liu, Esq.
Alexander T. Coleman, Esq.
Michael J. Borrelli, Esq.
BORRELLI & ASSOCIATES, P.L.L.C.
910 Franklin Avenue, Suite 205
Garden City, NY 11530
Telephone: (516) 248-5550
Facsimile: (516) 248-6027
CONTINENTAL AG: Alessi Sues Over Tire Price Monopoly
----------------------------------------------------
JOHN ALESSI, individually and on behalf of all others similarly
situated, Plaintiff v. CONTINENTAL AKTIENGESELLSCHAFT; CONTINENTAL
TIRE THE AMERICAS, LLC; COMPAGNIE GENERALE DES ETABLISSEMENTS;
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-01305-JDA (D.S.C., March 18, 2024)
alleges violation of the Sherman Act.
The Plaintiff alleges in the complaint that the Defendants entered
into and engaged in a continuing combination, conspiracy or
agreement to unreasonably restrain trade or commerce in violation
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.
The Defendants' unlawful agreements to fix the prices of
replacement tires is supported by: (1) their sudden and dramatic
price increases beginning in February 2021, which was not
economically rational unless they were involved in a conspiracy to
fix prices; (2) the European Commission ("EC") raids; (3) the
highly concentrated nature of the tire market in the United States;
(4) high barriers to entry in the tire market; (5) the lack of
substitutes for tires; (6) the standardization and thus
interchangeability of tires; and (7) the motive and opportunity for
Defendants to conspire with one another to fix the prices of tires,
alleges the suit.
The Plaintiff and the Classes have suffered and will continue to
suffer these injuries, including paying an anticompetitive
overcharge for new replacement tires as a result of the Defendants'
anticompetitive agreements, the suit added.
CONTINENTAL AG manufactures tires, automotive parts, and industrial
products. The Company produces passenger cars, trucks, commercial
vehicles, bicycle tires, braking systems, shock absorbers, hoses,
drive belts, conveyor belting, transmission products, and sealing
systems. [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
Email: jward@mcgowanhood.com
- and -
Gedney M. Howe, IV, Esq.
LAW OFFICES OF GEDNEY M. HOWE, III, P.A.
8 Chalmers Street
Post Office Box 1034
Charleston, SC 29402
Telephone: (843) 722-8048
Email: gedney4@gedneyhowe.com
GREENSBORO COLLEGE: Adkins-Pennix Sues Over Alleged Data Breach
---------------------------------------------------------------
CRYSTAL ADKINS-PENNIX, individually and on behalf of all others
similarly situated, Plaintiff v. GREENSBORO COLLEGE, Defendant,
Case No. 1:24-cv-00247-WO-LPA (M.D.N.C., March 20, 2024) alleges
that the Defendant failed to implement adequate and reasonable
cyber-security procedures and protocols necessary to protect the
Plaintiff's and Class Members' first and last name, Social Security
number, student identification number, date of birth, passport
number, and health information. ("Private Information").
The Plaintiff alleges in the complaint that through the ransomware
attack, criminal cyberthieves accessed and exfiltrated Plaintiff's
and Class Members' Private Information. Despite first becoming
aware of the Data Breach on or around August 2023, Defendant did
not notify Plaintiff and other Class Members until on or around
February 29, 2024 ("Notice of Data Breach").
As a result of the Data Breach, the Plaintiff and over 52,000 Class
Members suffered injury and ascertainable losses in the form of the
present and imminent threat of raud and identity theft, loss of the
benefit of their bargain, out-of-pocket expenses, loss of value of
their time reasonably incurred to remedy or mitigate the effects of
the attack, and the loss of, and diminution in, value of their
personal information, says the suit.
GREENSBORO COLLEGE, INC. provides educational services. The College
offers academic programs in arts, science, mathematics, and social
studies. [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
Email: sharris@milberg.com
- and -
David K. Lietz, Esq.
MILBERG COLEMAN BRYSON
PHILLIPS GROSSMAN, PLLC
5335 Wisconsin Avenue NW, Suite 440
Washington, D.C. 20015-2052
Telephone: (866) 252-0878
Facsimile: (202) 686-2877
Email: dlietz@milberg.com
HARBORWOOD CONSTRUCTION: Fails to Pay Proper Wages, Castillo Says
-----------------------------------------------------------------
ELIX CASTILLO, individually and on behalf of all others similarly
situated, Plaintiff v. HARBORWOOD CONSTRUCTION CORP. (D/B/A
HARBORWOOD CONSTRUCTION CORP.); MARK RUESCHER; and JIM RUESCHER,
Defendants, Case No. 2:24-cv-01996 (E.D.N.Y., March 19, 2024) is an
action against the Defendants' failure to pay the Plaintiff and the
class minimum wages, and overtime compensation for hours worked in
excess of 40 hours per week.
Plaintiff Castillo was employed by the Defendants as a construction
worker.
HARBORWOOD CONSTRUCTION CORP. owns, operates, or controls a
construction company, located at North Bellmore, NY, under the
name "Harborwood Construction Corp.". [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
HERMES INTERNATIONAL: Cavalleri Sues Over Birkin Bag Illegal Scheme
-------------------------------------------------------------------
TINA CAVALLERI; MARK GLINOGA, individually and on behalf of all
others similarly situated, Plaintiffs v. HERMES INTERNATIONAL;
HERMES OF PARIS, INC.'; and DOES 1 through 10, inclusive,
Defendants, Case No. 3:24-cv-01707-AGT (N.D. Cal., March 19, 2024)
alleges violation of the Sherman Act.
The Plaintiff alleges in the complaint that the Defendants are
engaged in unlawful practice of tying the purchase of the
Defendants' popular Birkin bags to the purchase of other
Defendant's luxury clothing and accessory items.
The Defendants implemented a scheme to exploit the market power by
requiring consumers to purchase other, ancillary products from the
Defendants before they will be given an opportunity to purchase a
Birkin handbag. With this scheme Defendants were able to
effectively increase the price of Birkin handbags and, thus, the
profits that Defendants earn from Birkin handbags, says the suit.
HERMES INTERNATIONAL designs, produces, and distributes luxury
accessories and apparel. The Company offers leather, scarves,
clothes, ties, perfume, watches, stationery, shoes, hats, gloves,
and jewelry products. [BN]
The Plaintiff is represented by:
Joshua H. Haffner, Esq.
Alfredo Torrijos, Esq.
Vahan Mikayelyan, Esq.
HAFFNER LAW PC
15260 Ventura Blvd., Suite 1520
Sherman Oaks, California 91403
Telephone: (213) 514-5681
Facsimile: (213) 514-5682
Email: jhh@haffnerlawyers.com
at@haffnerlawyers.com
vh@haffnerlawyers.com
- and -
Shaun C. Setareh, Esq.
Thomas A. Segal, Esq.
SETAREH LAW GROUP
9665 Wilshire Blvd., Suite 430
Beverly Hills, California 90212
Telephone: (310) 888-7771
Facsimile: (310) 888-0109
Email: shaun@setarehlaw.com
thomas@setarehlaw.com
HONDA MOTOR: Deadline for Class Cert. Filing Extended to June 10
----------------------------------------------------------------
In the class action lawsuit captioned as Hamid Bolooki v. Honda
Motor Company Limited et al, (HONDA IDLE STOP LITIGATION), Case No.
2:22-cv-04252-MCS-SK (C.D. Cal.), the Hon. Judge Mark Scarsi
entered an order amending the case scheduling order as follows:
Event Current Proposed
Deadline Deadline
Non-Expert Disc. Cut Off: Apr. 1, 2024 May 1, 2024
Expert Discovery Cut Off May 3, 2024 June 3, 2024
Deadline to File Class Cert. May 10, 2024 June 10, 2024
Deadline to Oppose Class May 31, 2024 July 1, 2024
Cert.
Deadline to file Reply in June 21, 2024 July 22, 2024
Support of Class Cert.
Hearing on Motion for Class July 8, 2024 Aug. 12, 2024
Cert.
Deadline to File Motion(s) July 29, 2024 Aug. 28, 2024
for Summary Judgment
Honda is a manufacturer of automobiles, motorcycles, and
battery-powered equipment.
A copy of the Court's order dated March 20, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=tm7yNn at no extra
charge.[CC]
HONEYWELL INT'L: Must Oppose Class Cert Bid in Steward by May 23
----------------------------------------------------------------
In the class action lawsuit captioned as Steward et al v. Honeywell
International, Inc., Case No. 3:18-cv-01124 (S.D. Ill., Filed May
16, 2018), the Hon. Judge entered an order extending deadline for
Rule 702 motions, summary judgment motions, and discovery:
-- The discovery and expert depositions April 19,
2024
deadlines are extended to:
-- Dispositive and Daubert motions May 23, 2024
are due by:
-- Defendant's opposition to class May 23, 2024
certification is due by:
The nature of suit states Torts -- Personal Injury -- Other
Personal Injury.
Honeywell provides aerospace products and services, control,
sensing and security technologies.[CC]
NATIONAL COLLEGIATE: Brantmeier Balks at Athlete's Pay Prohibition
------------------------------------------------------------------
REESE BRANTMEIER, individually and on behalf of all others
similarly situated, Plaintiff v. NATIONAL COLLEGIATE ATHLETIC
ASSOCIATION, Defendant, Case No. 1:24-cv-00238 (M.D.N.C., March 18,
2024) alleges violation of the Sherman Act and Clayton Act.
According to the complaint, the Plaintiff and the Class seek to
challenge the NCAA's arbitrary and anticompetitive prize
restrictions and seek declaratory and injunctive relief striking
such anticompetitive rules and Bylaws of the NCAA that prevent the
Plaintiff and the Class from retaining full and just compensation
for monetary prizes earned through their athletic performance
outside of NCAA competitions without jeopardizing their NCAA
eligibility.
While the NCAA allows its member institutions to financially
benefit from the publicity associated with the student-athletes who
compete in non-NCAA competitions, the NCAA prohibits the
student-athletes from accepting Prize Money earned for their
athletic performance and achievement in such competitions, except
to cover "actual and necessary expenses." Violations of these
restrictions result in a loss of the student-athlete's NCAA
eligibility to play that sport at the varsity collegiate level,
says the suit.
THE NATIONAL COLLEGIATE ATHLETIC ASSOCIATION is a nonprofit
organization that regulates student athletics. [BN]
The Plaintiff is represented by:
Jacob M. Morse, Esq.
Daniel K. Bryson, Esq.
Arthur Stock
Lucy N. Inman
MILBERG COLEMAN BRYSON
PHILLIPS GROSSMAN, PLLC
900 W. Morgan Street
Raleigh, NC 27603
Telephone: (919) 600-5000
Email: jmorse@milberg.com
dbryson@milberg.com
astock@milberg.com
linman@milberg.com
- and -
Peggy J. Wedgworth, Esq.
MILBERG COLEMAN BRYSON
PHILLIPS GROSSMAN, PLLC
405 East 50th Street
New York, NY 10022
Telephone: (212) 594-5300
Email: pwedgworth@milberg.com
- and -
Jason A. Miller, Esq.
Robert B. Rader III, Esq.
Jeffrey R. Monroe, Esq.
William W. Plyler, Esq.
MILLER MONROE & PLYLER PLLC
1520 Glenwood Avenue
Raleigh, NC 27608
Telephone: (919) 809-7346
Email: jmiller@millermonroe.com
rrader@millermonroe.com
jmonroe@millermonroe.com
wplyler@millermonroe.com
- and -
Joel Lulla, Esq.
1520 Glenwood Avenue
Raleigh, NC 27608
Telephone: (919) 809-7346
Email: joel_lulla@yahoo.com
PBF HOLDING: Goldenstein Class Suit Answering Brief Due April 22
----------------------------------------------------------------
PBF Holding 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 1, 2024, that the Goldenstein class
suit answering brief will be due on April 22, 2024.
On February 17, 2017, in Arnold Goldstein, et al. v. Exxon Mobil
Corporation, et al., the Company and PBF LLC, and itsr
subsidiaries, PBF Western Region and Torrance Refining and the
manager of its Torrance refinery along with ExxonMobil were named
as defendants in a class action and representative action
complaint.
The complaint was filed in the Superior Court of the State of
California, County of Los Angeles and alleges negligence, strict
liability, ultra-hazardous activity, a continuing private nuisance,
a permanent private nuisance, a continuing public nuisance, a
permanent public nuisance and trespass resulting from the February
18, 2015 electrostatic precipitator ("ESP") explosion at the
Torrance refinery, which was then owned and operated by ExxonMobil.
The operation of the Torrance refinery by the PBF entities
subsequent to our acquisition in July 2016 is also referenced in
the complaint.
To the extent that plaintiffs' claims relate to the ESP explosion,
ExxonMobil retained responsibility for any liabilities that would
arise from the lawsuit pursuant to the agreement relating to the
acquisition of the Torrance refinery.
On July 2, 2018, the Court granted leave to plaintiffs to file a
Second Amended Complaint alleging groundwater contamination.
With the filing of the Second Amended Complaint, plaintiffs added
an additional plaintiff, Hany Youssef.
On October 15, 2019, the judge granted certification to two limited
classes of property owners with Youssef as the sole class
representative and named plaintiff, rejecting two other proposed
subclasses based on negligence and on strict liability for
ultrahazardous activities.
The certified subclasses relate to trespass claims for ground
contamination and nuisance for air emissions.
On May 5, 2021, the Court granted plaintiffs leave to amend their
complaint for the third time to substitute Navarro for Youssef.
On July 5, 2022, the Court issued a final order ruling that
Plaintiffs' Motion to Substitute Navarro as Class Representative
was denied and decertifying both of Plaintiffs' proposed Air and
Ground Subclasses.
The order provided that the case will proceed with Navarro as the
sole plaintiff.
On September 22, 2022, the Ninth Circuit Court of Appeals affirmed.
On February 27, 2023, the Court issued an order granting its motion
for judgment on the pleadings and dismissed Plaintiff's trespass
claim with prejudice and granted Plaintiff leave to amend his
nuisance claims in conformity with the order if he can do so
consistent with Rule 11 of the Federal Rules of Civil Procedures.
On March 27, 2023, Plaintiff filed a Fourth Amended Complaint
relating to the remaining nuisance claims.
On May 23, 2023, the Court denied its motion to dismiss on the
pleadings for Plaintiff's failure to establish standing to bring
the nuisance claims.
After completing further discovery, on August 28, 2023, the Company
filed a Motion for Summary Judgment.
On October 18, 2023, the Court issued an order granting its motion,
adjudged that Plaintiff take nothing, and that the action be
dismissed with prejudice.
The order also allows the Company to recover the costs of suit
pursuant to a bill of costs.
On October 30, 2023, Plaintiff filed a notice of appeal to the
Ninth Circuit regarding the Court's order granting summary
judgment.
Plaintiff's opening brief is due March 22, 2024 and its answering
brief is due April 22, 2024.
The Company presently believe the outcome of this litigation will
not have a material impact on its financial position, results of
operations, or cash flows.
PBF Holding Company LLC is an independent petroleum refiner and
supplier based in New Jersey.[BN]
PRODUCT MADNESS: Must Oppose Class Cert. Bid on Nov. 13 in Campos
-----------------------------------------------------------------
In the class action lawsuit captioned as NATHAN CAMPOS; JANET
GARVEY, v. PRODUCT MADNESS INC.; BIG FISH GAMES INC., Case No.
2:22-cv-01806-RSM (W.D. Wash.), the Hon. Judge Ricardo Martinez
entered an order setting Rule 16(b) and Rule 23(d)(2) scheduling
order regarding class certification motion as follows:
Deadline for Plaintiffs to file motion for Oct. 16, 2024
class certification: (noted on the fourth
Friday after filing and service of the
motion pursuant to Local Rules W.D. Wash.
LCR 7(d)(3) unless the parties agree to
different times for filing the response
and reply memoranda).
Opposition to Motion to Certify Class: Nov. 13, 2024
Reply in Support of Motion to Certify Nov. 27, 2024
Class:
Hearing on Motion to Certify Class: To be set by the
Court after
briefing
completed
The court will set further case schedule deadlines pursuant to
Federal Rule of Civil Procedure 16(b) after ruling on the motion
for class certification.
The dates set in this scheduling order are firm dates that can be
changed only by order of the court, not by agreement of the
parties.
The court will alter these dates only upon good cause shown. The
failure to complete discovery within the time allowed will not
ordinarily constitute good cause.
Product Madness is a developer of online casino games.
A copy of the Court's order dated March 18, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=0hUgBG at no extra
charge.[CC]
RARE COIN: Has Made Unsolicited Calls, Coiro Suit Claims
--------------------------------------------------------
CATHIE COIRO, individually and on behalf of all others similarly
situated, Plaintiff v. RARE COIN COLLECTIVE LLC, Defendant, Case
No. 9:24-cv-80334-KAM (S.D. Fla., March 20, 2024) seeks to stop the
Defendants' practice of making unsolicited calls.
RARE COIN COLLECTIVE LLC is a rare coins retailer that offers
exclusive inventory of deliverable products. [BN]
The Plaintiff is represented by:
Stefan Coleman, Esq.
COLEMAN PLLC
66 West Flagler Street Suite 900
Miami, FL 33130
Telephone: (877) 333-9427
Email: law@stefancoleman.com
- and -
Avi R. Kaufman, Esq.
KAUFMAN P.A.
237 S Dixie Hwy, Floor 4
Coral Gables, FL 33133
Telephone: (305) 469-5881
Email: kaufman@kaufmanpa.com
SENTINELONE INC: Jones Sues Over Invalid Advance Notice Bylaw
-------------------------------------------------------------
ANDREW JONES, individually and on behalf of all others similarly
situated stockholders of SENTINELONE, INC., Plaintiff v. CHARLENE
T. BEGLEY; AARON HUGHES; MARK S. PEEK; ANA PINCZUK; DANIEL
SCHEINMAN; TEDDIE WARDI; TOMER WEINGARTEN; and SENTINELONE, INC.,
Defendants, Case NO. 2024-0273 (Del. Ch., March 19, 2024) seeks
declaratory relief invalidating the Advance Notice Bylaw of
SentinelOne, Inc.
The Plaintiff alleges in the complaint that SentinelOne has an
advance notice bylaw that requires any stockholder seeking to
nominate a candidate to the board of directors (the "Board") to
provide advance notice of such nomination to the Company (the
"Advance Notice Bylaw"). The Advance Notice Bylaw dictates the time
period during which a notice of nomination must be received by the
Company, the nomination window -- and sets forth the requirements
of what information must be included in a notice of nomination.
SentinelOne's Advance Notice Bylaw, however, incorporates a
definition of "Acting in Concert" that renders the Advance Notice
Bylaw preclusive and coercive.
As a result, the Advance Notice Bylaw effectively limits the scope
of stockholders' voting rights to voting for or against candidates
nominated by the Board, and is fundamentally inconsistent with the
notion that stockholders' right to vote includes the right to
nominate, says the suit.
SENTINELONE, INC. operates as a software company. The Company
develops security platforms to protect organizations against
advanced threats and nation state malware. [BN]
The Plaintiff is represented by:
Kimberly A. Evans, Esq.
Irene R. Lax, Esq.
Robert Erikson, Esq.
BLOCK & LEVITON LLP
3801 Kennett Pike, Suite C-305
Wilmington, DE 19807
Telephone: (302) 499-3600
Email: kim@blockleviton.com
irene@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
SSR MINING: Faces Akhras Suit Over Drop in Share Price
------------------------------------------------------
KARAM AKHRAS, individually and on behalf of all others similarly
situated, Plaintiff v. SSR MINING INC.; RODNEY P. ANTAL; and ALISON
WHITE, Defendants, Case No. 1:24-cv-00739 (D. Colo., March 18,
2024) is a class action on behalf of persons or entities who
purchased or otherwise acquired publicly traded SSR Mining
securities between February 23, 2022 and February 27, 2024,
inclusive (the "Class Period"), seeking to recover compensable
damages caused by the Defendant's violations of the federal
securities laws under the Securities Exchange Act of 1934.
The Plaintiff alleges in the complaint that the reports made by the
Defendants with the SEC were materially false and misleading
because they misrepresented and failed to disclose the adverse
facts pertaining to the Company's business, operations, and
prospects, which were known to the Defendants or recklessly
disregarded by them.
The Defendants made false and misleading statements and failed to
disclose that: (1) Defendants materially overstated SSR Mining's
commitment to safety and the efficacy of its safety measures; (2)
SSR Mining engaged in unsafe mining practices which were reasonably
likely to result in a mining disaster; and (3) as a result,
Defendants' statements about its business, operations, and
prospects, were materially false and misleading and lacked a
reasonable basis at all times.
The price of SSR Mining stock declined by $0.37 per share, or 7.93
percent, to close at $4.29 on February 28, 2024. As a result of the
Defendants' wrongful acts and omissions, and the precipitous
decline in the market value of the Company's common shares,
Plaintiff and the other Class members have suffered significant
losses and damages, says the suit.
SSR MINING INC. operates as a precious metal mining company. The
Company focuses on operation, development, exploration, and
acquisition of precious metal projects which includes gold, silver,
and mineral properties. [BN]
The Plaintiff is represented by:
Phillip Kim, Esq.
THE ROSEN LAW FIRM, P.A.
275 Madison Avenue, 40th Floor
New York, NY 10016
Telephone: (212) 686-1060
Facsimile: (212) 202-3827
Email: pkim@rosenlegal.com
TEXAS FARM: Files Appeal in Castro Suit to Tex. Appeals Ct.
-----------------------------------------------------------
TEXAS FARM BUREAU UNDERWRITERS filed an appeal in the lawsuit
entitled Guadalupe Castro, individually and on behalf of all others
similarly situated, Plaintiff, v. Texas Farm Bureau Underwriters,
Defendant, in the 342nd District Court of Texas.
The case type is stated as Miscellaneous/Other Civil.
The appellate case is captioned Texas Farm Bureau Underwriters, a
Texas Corporation vs. Guadalupe Castro, individually and on behalf
of all others similarly situated, Case No. 02-24-00121-CV, in the
Second Court of Appeals in Texas, filed on March 15, 2024. [BN]
Plaintiff-Appellee GUADALUPE CASTRO, individually and on behalf of
all others similarly situated, is represented by:
Andrew Shamis, Esq.
SHAMIS & GENTILE P.A.
14 NE 1st Ave., Ste. 705
Miami, FL 33132
Telephone: (305) 479-2299
Defendant-Appellant TEXAS FARM BUREAU UNDERWRITERS is represented
by:
Julia C. Barrett, Esq.
KING & SPALDING LLP
500 West 2nd Street, Suite 1800
Austin, TX 78701
Telephone: (512) 457-2000
TRANSPERFECT TRANSLATIONS: Metcalf Bid to Certify Class Partly OK'd
-------------------------------------------------------------------
In the class action lawsuit captioned as MICHELE METCALF and HANNAH
LAWSON, individually and on behalf of all others similarly
situated, v. TRANSPERFECT TRANSLATIONS INTERNATIONAL INC., Case No.
1:19-cv-10104-ER-KHP (S.D.N.Y.), the Hon. Judge Edgardo Ramos
entered an order adopting a Report and Recommendation (R&R),
recommending that the Court grant in part and deny in part the
motion to certify the class action.
The Court adopts the R&R in its entirety. The parties are directed
to meet and confer about the proposed Notice to th e Class and
submit it to the Court for approval within 14 days of the date of
this Opinion and Order.
The Plaintiff bring this putative class action alleging that
TransPerfect violated provisions of New York labor law.
Specifically, the Plaintiffs allege that TransPerfect failed to pay
them and other similarly situated employees overtime pay between
December 31, 2018 and September 20191in violation of New York City
regulations, and failed to provide them with accurate wage
statements pursuant to New York Labor Law ("NYLL").
On Novemb 6, 2023, Magistrate Judge Katherine H. Parker, to whom
the motion to certify the class action was referred, issued the
R&R, recommending that the Court grant in part and deny in part the
motion.
Specifically, Judge Parker recommended that the Court certify a
narrower class than Plaintiffs proposed:
"All TransPerfect salaried employees in New York City
who were paid $1,125.00 per week or less during the Relevant
Period who did not sign Arbitration Agreements."
TransPerfect is a corporate language services provider.
A copy of the Court's order dated March 21, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=HdmKR2 at no extra
charge.[CC]
WAL-MART STORES: Acne Products Contain Benzene, Emery Says
----------------------------------------------------------
CHRISTOPHER EMERY; and ANTHONY RYAN, individually and on behalf of
all others similarly situated, Plaintiff v. WAL-MART STORES, INC.,
Case No. 3:24-cv-05019-BCW (W.D. Mo., March 20, 2024) is a class
action lawsuit regarding the Defendant's manufacturing,
distribution, advertising, marketing, and sale of Defendant's
Equate brand benzoyl peroxide products (the "BPO Products") that
contain dangerously high levels of benzene, a carcinogen that has
been linked to leukemia and other blood cancers.
According to the Plaintiffs in the complaint, prior to placing the
BPO Products into the stream of commerce and into the hands of
consumers to use on their skin, Defendant knew or should have known
that the BPO Products contained benzene, but misrepresented,
omitted, and concealed this fact to consumers, including the
Plaintiffs and Class members, by not including benzene on the BPO
Products' labels or otherwise warning consumers about its
presence.
The Plaintiffs and Class members reasonably relied on the
Defendant's representations that the BPO Products were safe,
unadulterated, and free of any carcinogens that are not listed on
the label. As a result, the Plaintiffs and the putative Class
members suffered economic damages in that the BPO Products were
worth less than the product they thought they had purchased had
Defendant's representations been true, says the suit.
WALMART INC. operates discount stores, supercenters, and
neighborhood markets. The Company offers merchandise such as
apparel, house wares, small appliances, electronics, musical
instruments, books, home improvement, shoes, jewelry, toddler,
games, household essentials, pets, pharmaceutical products, party
supplies, and automotive tools. [BN]
The Plaintiff is 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
Email: tcartmell@wcllp.com
mdickson@wcllp.com
ZIPRECRUITER INC: Jones Sues Over Invalid Advance Notice Bylaw
--------------------------------------------------------------
ANDREW JONES, individually and on behalf of all others similarly
situated stockholders of ZIPRECRUITER, INC., Plaintiff v. BRIE
CARERE; YVONNE HAO; CIPORA HERMAN; BLAKE IRVING; ERIC LIAW; EMILY
MCEVILLY; IAN SIEGEL; and ZIPRECRUITER, INC., Defendants, Case No.
2024-0278 (Del. Ch., March 20, 2024) seeks declaratory relief
invalidating the Advance Notice Bylaw of ZipRecruiter, Inc.
The Plaintiff alleges in the complaint that ZipRecruiter has an
advance notice bylaw that requires any stockholder seeking to
nominate a candidate to the board of directors (the "Board") to
provide advance notice of such nomination to the Company (the
"Advance Notice Bylaw"). The Advance Notice Bylaw dictates the time
period during which a notice of nomination must be received by the
Company, the nomination window, and sets forth the requirements of
what information must be included in a notice of nomination.
The Advance Notice Bylaw, however, incorporates a definition of
"Acting in Concert" that renders the Advance Notice Bylaw
preclusive and coercive. The Acting in Concert definition contained
in the Advance Notice Bylaw effectively serves as a deterrent to
stockholder nominations. As a result, the Advance Notice Bylaw
effectively limits the scope of stockholders' voting rights to
voting for or against candidates nominated by the Board, and is
fundamentally inconsistent with the notion that stockholders' right
to vote includes the right to nominate, says the suit.
ZIPRECRUITER, INC. provides employment services. The Company offers
recruiting, hiring, job boards, posting, web application, candidate
screening, applicant tracking, and job alerts services. [BN]
The Plaintiff is represented by:
Kimberly A. Evans, Esq.
Irene R. Lax, Esq.
Robert Erikson, Esq.
BLOCK & LEVITON LLP
3801 Kennett Pike, Suite C-305
Wilmington, DE 19807
Telephone: (302) 499-3600
Email: kim@blockleviton.com
irene@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
Asbestos Litigation
ASBESTOS UPDATE: BNS Sub Has 58 Pending Claims as of Dec. 31
------------------------------------------------------------
Steel Partners Holdings L.P.'s majority owned subsidiary, BNS Sub,
has been named as a defendant in multiple alleged asbestos-related
toxic-tort claims filed over a period beginning in 1994 through
December 31, 2023, according to the Company's Form 10-K filing with
the U.S. Securities and Exchange Commission.
The Company states, "There were approximately 58 pending asbestos
claims as of December 31, 2023. BNS Sub believes it has significant
defenses to any liability for toxic-tort claims. None of these
toxic-tort claims has gone to trial and, therefore, there can be no
assurance that these defenses will prevail. BNS Sub has insurance
policies covering asbestos-related claims for years beginning 1974
through 1988. BNS Sub annually receives retroactive billings or
credits from its insurance carriers for any increase or decrease in
claims accruals as claims are filed, settled or dismissed, or as
estimates of the ultimate settlement costs for the then-existing
claims are revised. As of December 31, 2023 and 2022, BNS Sub has
accrued $1,357 and $1,418, respectively, relating to the open and
active claims against BNS Sub. This accrual includes the amount of
unpaid retroactive billings submitted to the Company by the
insurance carriers and also the Company's best estimate of the
likely costs for BNS Sub to settle these claims outside the amounts
funded by insurance. There can be no assurance that the number of
future claims and the related costs of defense, settlements or
judgments will be consistent with the experience to-date of
existing claims and that BNS Sub will not need to significantly
increase its estimated liability for the costs to settle these
claims to an amount that could have a material effect on the
consolidated financial statements."
A full-text copy of the Form 10-K is available at
https://urlcurt.com/u?l=ZTqqaG
ASBESTOS UPDATE: CarParts.com Faces Product Liability Claims
------------------------------------------------------------
A wholly-owned subsidiary of the CarParts.com, Inc., Automotive
Specialty Accessories and Parts, Inc. and its wholly-owned
subsidiary Whitney Automotive Group, Inc. ("WAG"), are named
defendants in several lawsuits involving claims for damages caused
by installation of brakes during the late 1960's and early 1970's
that contained asbestos, according to the Company's Form 10-K
filing with the U.S. Securities and Exchange Commission.
The Company states, "WAG marketed certain brakes, but did not
manufacture any brakes. WAG maintains liability insurance coverage
to protect its and the Company's assets from losses arising from
the litigation and coverage is provided on an occurrence rather
than a claims made basis, and the Company is not expected to incur
significant out-of-pocket costs in connection with this matter that
would be material to its consolidated financial statements.
A full-text copy of the Form 10-K is available at
https://urlcurt.com/u?l=VfiFi0
ASBESTOS UPDATE: Forum Energy Has $300K Liability as of Dec. 31
---------------------------------------------------------------
One of the subsidiaries of Forum Energy Technologies, Inc., has
been named as one of many defendants in a number of product
liability claims for alleged exposure to asbestos used in valves,
according to the Company's Form 10-K filing with the U.S.
Securities and Exchange Commission.
The Company states, "As of December 31, 2023, our subsidiary has a
net liability of $0.3 million for the estimated indemnity cost
associated with the resolution of its current open claims and
future claims anticipated to be filed during the next five years.
"Due to a number of uncertainties, the actual costs of resolving
these pending claims could be substantially higher than the current
estimate. Among these are uncertainties as to the ultimate number
and type of lawsuits filed, the amounts of claim costs, the impact
of bankruptcies of other companies with asbestos suits or of our
insurers, and potential legislative changes and uncertainties
surrounding the litigation process from jurisdiction to
jurisdiction and from case to case. In addition, future claims
beyond the five-year forecast period are possible, but the accrual
does not cover losses that may arise from such additional future
claims. Therefore, any such future claims could result in a loss."
A full-text copy of the Form 10-K is available at
https://urlcurt.com/u?l=Kq48xj
ASBESTOS UPDATE: Met-Pro Has 313 Pending Cases as of Dec. 31
------------------------------------------------------------
CECO Environmental Corp.'s subsidiary, Met-Pro, beginning in 2002
began to be named in asbestos-related lawsuits filed against a
large number of industrial companies including, in particular,
those in the pump and fluid handling industries, according to the
Company's Form 10-K filing with the U.S. Securities and Exchange
Commission.
The Company states, "Based upon the most recent information
available to the Company regarding such claims, there were a total
of 313 cases pending against the Company as of December 31, 2023
(with Illinois, New York, Pennsylvania and West Virginia having the
largest number of cases), as compared with 247 cases that were
pending as of December 31, 2022. During 2023, 169 new cases were
filed against the Company, and the Company was dismissed from 74
cases and settled 29 cases. Most of the pending cases have not
advanced beyond the early stages of discovery, although a number of
cases are on schedules leading to or are scheduled for trial. The
Company believes that its insurance coverage is adequate for the
cases currently pending against the Company and for the foreseeable
future, assuming a continuation of the current volume, nature of
cases and settlement amounts. However, the Company has no control
over the number and nature of cases that are filed against it, nor
as to the financial health of its insurers or their position as to
coverage."
A full-text copy of the Form 10-K is available at
https://urlcurt.com/u?l=WzyXrp
ASBESTOS UPDATE: MLIC Increases Liability to $364MM at Dec. 31
--------------------------------------------------------------
Metropolitan Life Insurance Company (MLIC) has increased its
recorded liability for asbestos-related claims to $364 million at
December 31, 2023, according to the Company's Form 10-K filing with
the U.S. Securities and Exchange Commission.
The Company states, "The recorded liability was $320 million at
December 31, 2022.
"The ability of Metropolitan Life Insurance Company to estimate its
ultimate asbestos exposure is subject to considerable uncertainty,
and the conditions impacting its liability can be dynamic and
subject to change. The availability of reliable data is limited and
it is difficult to predict the numerous variables that can affect
liability estimates, including the number of future claims, the
cost to resolve claims, the disease mix and severity of disease in
pending and future claims, the willingness of courts to allow
plaintiffs to pursue claims against Metropolitan Life Insurance
Company when exposure to asbestos took place after the dangers of
asbestos exposure were well known, and the impact of any possible
future adverse verdicts and their amounts.
"The ability to make estimates regarding ultimate asbestos exposure
declines significantly as the estimates relate to years further in
the future. In the Company's judgment, there is a future point
after which losses cease to be probable and reasonably estimable.
It is reasonably possible that the Company’s total exposure to
asbestos claims may be materially greater than the asbestos
liability currently accrued and that future charges to income may
be necessary, but management does not believe any such charges are
likely to have a material effect on the Company's financial
position.
"Metropolitan Life Insurance Company reevaluates on a quarterly and
annual basis its exposure from asbestos litigation, including
studying its claims experience, reviewing external literature
regarding asbestos claims experience in the United States,
assessing relevant trends impacting asbestos liability and
considering numerous variables that can affect its asbestos
liability exposure on an overall or per claim basis. Based upon its
regular reevaluation of its exposure from asbestos litigation,
Metropolitan Life Insurance Company has updated its recorded
liability for asbestos-related claims. The frequency of severe
claims relating to asbestos has not declined as expected, and MLIC
has reflected this in its provisions."
A full-text copy of the Form 10-K is available at
https://urlcurt.com/u?l=6MPxNq
ASBESTOS UPDATE: NL Industries Has 108 Pending Exposure Cases
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NL Industries, Inc., has been named as a defendant in various
lawsuits in several jurisdictions, alleging personal injuries as a
result of occupational exposure primarily to products manufactured
by its former operations containing asbestos, silica and/or mixed
dust, according to the Company's Form 10-K filing with the U.S.
Securities and Exchange Commission.
The Company states, "There are 108 of these types of cases pending,
involving a total of approximately 582 plaintiffs. In addition, the
claims of approximately 8,715 plaintiffs have been administratively
dismissed or placed on the inactive docket in Ohio state courts. We
do not expect these claims will be re-opened unless the plaintiffs
meet the courts' medical criteria for asbestos-related claims. We
have not accrued any amounts for this litigation because of the
uncertainty of liability and inability to reasonably estimate the
liability, if any.
"We believe the range of reasonably possible outcomes of these
matters will be consistent with our historical costs (which are not
material). Furthermore, we do not expect any reasonably possible
outcome would involve amounts material to our consolidated
financial position, results of operations or liquidity. We have
sought and will continue to vigorously seek, dismissal and/or a
finding of no liability from each claim. In addition, from time to
time, we have received notices regarding asbestos or silica claims
purporting to be brought against former subsidiaries, including
notices provided to insurers with which we have entered into
settlements extinguishing certain insurance policies. These
insurers may seek indemnification from us."
A full-text copy of the Form 10-K is available at
https://urlcurt.com/u?l=Q5pexJ
ASBESTOS UPDATE: Park-Ohio Co-Defends 132 Personal Injury Cases
---------------------------------------------------------------
Park-Ohio Industries, Inc., is a co-defendant in approximately 132
cases asserting claims on behalf of approximately 184 plaintiffs
alleging personal injury as a result of exposure to asbestos,
according to the Company's Form 10-K filing with the U.S.
Securities and Exchange Commission.
The Company states, "These asbestos cases generally relate to
production and sale of asbestos-containing products and allege
various theories of liability, including negligence, gross
negligence and strict liability, and seek compensatory and, in some
cases, punitive damages.
"In every asbestos case in which we are named as a party, the
complaints are filed against multiple named defendants. In
substantially all of the asbestos cases, the plaintiffs either
claim damages in excess of a specified amount, typically a minimum
amount sufficient to establish jurisdiction of the court in which
the case was filed (jurisdictional minimums generally range from
$25,000 to $75,000), or do not specify the monetary damages sought.
To the extent that any specific amount of damages is sought, the
amount applies to claims against all named defendants.
"There are three asbestos cases, involving 19 plaintiffs, that
plead specified damages against named defendants. In each of the
three cases, the plaintiff is seeking compensatory and punitive
damages based on a variety of potentially alternative causes of
action. In two cases, the plaintiff has alleged three counts at $3
million compensatory and punitive damages each; one count at $3
million compensatory and $1 million punitive damages; one count at
$1 million. In the third case, the plaintiff has alleged
compensatory and punitive damages, each in the amount of $20.0
million, for three separate causes of action, and $5.0 million
compensatory damages for the fifth cause of action."
A full-text copy of the Form 10-K is available at
https://urlcurt.com/u?l=bYfj4i
*********
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