/raid1/www/Hosts/bankrupt/CAR_Public/240411.mbx
C L A S S A C T I O N R E P O R T E R
Thursday, April 11, 2024, Vol. 26, No. 74
Headlines
ANTARA CAPITAL: $3.3MM AMC Class Settlement to be Heard on May 2
BRECKENRIDGE CORP: $5MM Class Settlement to be Heard on Sept. 23
DEARBORN LIFE: Blackstone Appeals FLSA Suit Dismissal to 7th Cir.
DENVER, CO: Appeals Class Cert. Order in Jarman Suit to 10th Cir.
FANDOM INC: Shah Suit Removed to D. Massachusetts
HOWARD'S APPLIANCES: Rana Sues Over Unpaid Minimum, Overtime Wages
LOVEHONEY LLC: L.D. Sues Over Unlawful Collection of PII
NEW YORK: A. H. Appeals Dismissal of Suit v. NYSDOH to 2nd Circuit
ROBERT HALF INC: Heiting Sues Over Wiretapping and Eavesdropping
ROTOFUGI INC: Ramos Files ADA Suit in N.D. Illinois
RUSH ADMINISTRATIVE: Castro Sues to Recover Unpaid Wages
SAFECO INSURANCE: Angulo Files Suit in W.D. Texas
SALESFORCE INC: Roy Suit Removed to N.D. California
SAMSUNG ELECTRONICS: Stanford Suit Removed to W.D. Missouri
ST. CHARLES HEALTH: Reiger Files FDCPA Suit in D. Oregon
TAXACT INC: Appeals Arbitration Order in Kirkham Suit to 3rd Cir.
TYSON FOODS: Court Narrows Claims in Pearson Suit
UBS AG: Class Settlement to be Heard on June 18
UMG RECORDINGS: Marks Appeals Case Dismissal to 9th Circuit
UNIFED COURT: Court Junks DeRaffele Suit w/ Leave to Replead
UNITED STATES: CCFWP Wins Class Certification Bid
UNITED STATES: Court Stays Gavin Power Suit
VGW HOLDINGS: Knapp Suit Removed to M.D. Florida
VILLA ESPERANZA: Quevedo Sues to Recover Unpaid Wages
VISIONWORKS OF AMERICA: Sharma Files Suit in W.D. Texas
VIVID SEATS LLC: Zainfeld Files Suit in S.D. New York
VIVINT INC: Harris Suit Removed to D. New Jersey
WESTLAKE PORTFOLIO: Hueston Files Suit in C.D. California
WYNN RESORTS: Court Extends Fact Discovery Deadline in John
XTO ENERGY: Filing for Class Cert Bid Amended to August 23
[*] Duane Morris Sponsors 8th Annual Class Action Conference
[*] Gordon Rees Sponsors 8th Annual Class Action Conference
[*] Hook Point Sponsors 8th Annual Class Action Conference
[*] Tremendous Sponsors 8th Annual Class Action Conference
*********
ANTARA CAPITAL: $3.3MM AMC Class Settlement to be Heard on May 2
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AMC Entertainment Holdings, Inc. (NYSE: AMC), on March 12 announced
that a federal court in New York has issued an order preliminarily
approving a proposed settlement reached by all parties to a civil
action brought by plaintiffs Dennis J. Donoghue and Mark
Rubenstein, each of whom are AMC shareholders, for AMC to recover
so-called "short-swing" profits under Section 16(b) of the
Securities Exchange Act of 1934 (the "Exchange Act") alleged to
have been realized by defendants Antara Capital Master Fund LP,
Antara Capital Fund GP LLC, Antara Capital LP, Antara Capital GP
LLC, and Himanshu Gulati (collectively, the "Antara Defendants") in
connection with their purchases and sales of AMC securities. AMC is
party to the suit in name only, which was brought for the benefit
of AMC.
The court will hold a hearing on May 2, 2024 at 1:15 p.m. in
Courtroom 12B at the Daniel Patrick Moynihan United States
Courthouse, 500 Pearl Street, New York, New York to, among other
things, consider whether to finally approve the proposed
settlement. If finally approved, AMC will receive $3,300,000 from
the Antara Defendants and the Antara Defendants will be released
from claims of violations of Section 16(b) of the Exchange Act.
The settlement notice has been posted to the Investor Relations
section of AMC's website at
https://investor.amctheatres.com/notice-03-12-2024.
About AMC Entertainment Holdings, Inc.
AMC is the largest movie exhibition company in the United States,
the largest in Europe and the largest throughout the world with
approximately 900 theatres and 10,000 screens across the globe. AMC
has propelled innovation in the exhibition industry by: deploying
its Signature power-recliner seats; delivering enhanced food and
beverage choices; generating greater guest engagement through its
loyalty and subscription programs, website, and mobile apps;
offering premium large format experiences and playing a wide
variety of content including the latest Hollywood releases and
independent programming. For more information, visit
www.amctheatres.com.
BRECKENRIDGE CORP: $5MM Class Settlement to be Heard on Sept. 23
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NastLaw LLC on March 29 announced: If you purchased certain named
generic pharmaceutical drugs directly from certain pharmaceutical
manufacturers from May 1, 2009 through December 31, 2019, your
rights may be affected by proposed class action settlements.
A federal court authorized this notice. This is not a solicitation
from a lawyer.
What is the lawsuit about? Three proposed settlements have been
reached in a class action lawsuit ("the Lawsuit"), which alleges
that Breckenridge Corp., Apotex Corp., and Heritage
Pharmaceuticals Inc., (collectively "Settling Defendants") and
other generic drug manufacturers violated the federal antitrust
laws by conspiring to fix, maintain, and stabilize prices, rig
bids, and engage in market and customer allocations of certain
generic drugs (the "Named Generic Drugs"), causing direct
purchasers of the Named Generic Drugs to pay more than they should
have. The Settling Defendants, who are defined to also include
Emcure Pharmaceutical Ltd., the owner of Heritage Pharmaceuticals
Inc and Satish Mehta, one of its owners, deny liability as alleged
in the Lawsuit. The Court has not decided who is right. The
proposed Settlements do not resolve any of the claims of the
Settlement Class against the remaining Defendants. The Lawsuit
against the remaining Defendants is ongoing.
Who is included? The Court has certified three Settlement Classes,
one Settlement Class for each proposed Settlement: (1) the
Breckenridge Settlement Class, (2) the Apotex Settlement Class, and
(3) the Heritage Settlement Class. Each Settlement Class includes
all persons or entities, and their successors and assigns, that
directly purchased one or more of the Named Generic Drugs from one
or more Current or Former Defendants in the United States and its
territories and possessions, at any time during the period from May
1, 2009 through December 31, 2019. Excluded from the Settlement
Classes are Current and Former Defendants and their present and
former officers, directors, management, employees, subsidiaries, or
affiliates, judicial officers and their personnel, and all
governmental entities. The Settlement Agreements listing the Named
Generic Drugs and Current and Former Defendants are available on
the settlement website: GenericDrugsDirectPurchaserSettlement.com.
The Settlement Agreements also are on public file with the United
States District Court for the Eastern District of Pennsylvania, 601
Market Street, Philadelphia, PA 19106 in the case In re: Generic
Pharmaceuticals Pricing Antitrust Litigation, Case No.
2:16-MD-02724.
What do the settlements provide? The proposed Settlements provide
for the following payments: (1) a $5,000,000.00 payment by the
Settling Defendant Breckenridge Corp.; (2) a $30,000,000.00 payment
from Settling Defendant Apotex Corp.; and (3) a $10,000,000.00
payment from Settling Defendants Heritage Pharmaceuticals Inc.,
Emcure Pharmaceuticals Ltd., and Satish Mehta. These payments will
comprise the total $45,000,000.00 "Settlement Fund." The
Settlement Fund may be reduced by up to $4,245,000.00 or increased
to a maximum of $55,735,294.10 under certain circumstances as
explained in the Settlement Agreements. In addition, the Direct
Purchaser Plaintiff ("DPP") attorneys who have worked on the
Lawsuit for the Settlement Classes will seek Court approval to pay
expenses, and service awards for the class representatives (or
named plaintiffs) out of the Settlement Fund. DPP attorneys will
also request that the Court set aside up to one third of the
Settlement Fund plus a proportionate amount of interest for a
future request for attorneys' fees. Any motion for expenses and
service awards or for a set aside for a future request for
attorneys' fees will be posted on the settlement website
GenericDrugsDirectPurchaserSettlement.com. no later than May 13,
2024. The calculations of the dollar amount that each Settlement
Class Member will be paid from the Settlement Fund are set forth in
the Plan of Allocation, which also is available on
GenericDrugsDirectPurchaserSettlement.com.
What are your options? If you are a Settlement Class Member and you
do nothing, you will remain in the Settlement Classes and are
eligible to participate in the Settlements as described in this
notice, if the Settlements are approved. However, you will need to
complete, sign, and return the claim forms (once they are sent to
you) in order to obtain a payment. We do not know when the claim
forms will be mailed. You should check
GenericDrugsDirectPurchaserSettlement.com for information regarding
timing. If you did not receive a Notice in the mail, and you think
you are a potential Settlement Class Member, please identify
yourself or your company by letter to the following address: In re:
Generic Pharmaceuticals Pricing Antitrust Litigation – Direct
Purchasers, c/o A.B. Data, Ltd., P.O. Box 173095, Milwaukee, WI
53217. Or send an email to
info@genericdrugsdirectpurchasersettlement.com, or call
877-315-0583. You may be required to submit proof of a qualifying
direct purchase to establish that you are a member of the
Settlement Classes. Claimants may also be required to submit
purchase data as part of the claims process. As a Settlement Class
Member, unless you opt out of the Settlements, you will be bound by
all orders and judgments of the Court.
In addition, if you are a Settlement Class Member you may request
exclusion from (or opt out of) one or more of the Settlements and
may object to the Settlements if you do not opt out. Instructions
for opting-out or objecting can be found in the publicly available
case file and website, as described above. You must mail your
request to opt out or your objection by June 27, 2024. The Court
will hold a Fairness Hearing on September 23rd, 2024, to decide
whether to approve the Settlements and any requests for expenses
and service awards for the class representatives and for a
set-aside for a future request for attorneys' fees. The Court will
also consider a Plan of Allocation for distributing the Settlement
Fund to Settlement Class Members. If there are objections, the
Court will consider them at the hearing. You do not need to attend
the hearing. If you wish to appear at the hearing, you must file a
"Notice of Intention to Appear" with the Court and you may hire
your own attorney to appear in Court for you at your own expense.
For more information: Go to the website:
GenericDrugsDirectPurchaserSettlement.com or call 877-315-0583 for
more information on the settlement, the lawsuit, and your potential
rights and options related to the settlement. The website includes,
for example, a list of the generic drugs that you would have had to
purchase and a list of the generic manufacturers that you would
have had to purchase directly from in order to be eligible for a
payment.
DEARBORN LIFE: Blackstone Appeals FLSA Suit Dismissal to 7th Cir.
-----------------------------------------------------------------
NICOLE BLACKSTONE, et al. are taking an appeal from a court order
granting the Defendant's motion for summary judgment in the lawsuit
entitled Nicole Blackstone, et al., individually and on behalf of
all others similarly situated, Plaintiffs, v. Dearborn Life
Insurance Company, Defendant, Case No. 1:21-cv-01201, in the U.S.
District Court for the Northern District of Illinois.
The Plaintiffs, on behalf of current and former short-term and
long-term disability claim analysts, bring claims against Dearborn
Life Insurance Company for failure to pay overtime wages under the
Fair Labor Standards Act ("FLSA") and Maine law.
The Defendant filed motions to decertify the collective and for
summary judgment. The Plaintiffs opposed both motions and filed for
class certification under Federal Rule of Civil Procedure 23 for
their Maine law claim.
On Feb. 23, 2024, the Court granted Dearborn's motion for summary
judgment, and the Plaintiffs' motion for class certification and
the Defendant's motion for decertification of collective action
were denied as moot. The Court ruled that Dearborn has met its
burden of demonstrating that there are no genuine disputes of fact
as to whether the Plaintiffs are exempt from overtime pay under the
FLSA and Maine law. The Clerk was directed to enter judgment in the
Defendant's favor and against the Plaintiffs and terminate the
case.
The appellate case is captioned Nicole Blackstone, et al. v.
Dearborn Life Insurance Company, Case No. 24-1452, in the United
States Court of Appeals for the Seventh Circuit, filed on March 25,
2024.
The briefing schedule in the Appellate Case states that:
-- Appellants' Docketing statement was due on March 29, 2024;
-- Appellants' Transcript information sheet was due on April 8,
2024; and
-- Appellants' brief is due on May 6, 2024. [BN]
Plaintiffs-Appellants NICOLE BLACKSTONE, et al., individually and
on behalf of all others similarly situated, are represented by:
Trang Q. Tran, Esq.
TRAN LAW FIRM
20 N. Clark Street, Suite 3300
Chicago, IL 60602
Telephone: (847) 957-3819
E-mail: trang@tranlf.com
- and -
Travis M. Hedgpeth, Esq.
THE HEDGPETH LAW FIRM, PC
3050 Post Oak Blvd., Suite 510
Houston, TX 77056
Telephone: (281) 572-0727
E-mail: travis@hedgpethlaw.com
- and -
Jack Siegel, Esq.
SIEGEL LAW GROUP PLLC
5706 E. Mockingbird Lane
Dallas, TX 75206
Telephone: (214) 790-4454
E-mail: jack@siegellawgroup.biz
Defendant-Appellee DEARBORN LIFE INSURANCE COMPANY is represented
by:
Mark Douglas Temple, Esq.
BAKER HOSTETLER, LLP
811 Main Street, Suite 1100
Houston, TX 77002
Telephone: (713) 646-1324
E-mail: mtemple@bakerlaw.com
- and -
Amber Lea Buckheister, Esq.
ICON CONSULTANTS
100 Waugh Drive, Suite 300
Houston, TX 77007
Telephone: (713) 438-0919
E-mail: abuckheister@iconconsultants.com
- and -
Paul Michael Knettel, Esq.
BAKER HOSTETLER, LLP
811 Main Street, Suite 1100
Houston, TX 77002
Telephone: (713) 646-1313
E-mail: pknettel@bakerlaw.com
- and -
Peter J. Stuhldreher, Esq.
BAKER HOSTETLER, LLP
811 Main Street, Suite 1100
Houston, TX 77002
Telephone: (713) 646-1398
E-mail: pstuhldreher@bakerlaw.com
DENVER, CO: Appeals Class Cert. Order in Jarman Suit to 10th Cir.
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CITY AND COUNTY OF DENVER is taking an appeal from a court order
granting plaintiffs' motion for class certification in the lawsuit
entitled Paul Jarman, et al., individually and on behalf of all
others similarly situated, Plaintiffs, v. City and County of
Denver, Defendant, Case No. 1:20-CV-01795-JLK-KAS, in the U.S.
District Court for the District of Colorado.
The Plaintiffs in this case, Paul Jarman and Thomas Melendez, both
contracted SARS-CoV-2 and became ill with COVID-19 while confined
in a Denver jail facility. They bring claims against Defendant the
City and County of Denver on behalf of themselves and three classes
of individuals who similarly tested positive for the coronavirus
between January 1, 2020, and February 1, 2022, while incarcerated
at one of the Denver jail facilities. The Amended Complaint asserts
two municipal-liability claims for damages under 42 U.S.C. Sec.
1983 for violations of the Eighth and Fourteenth Amendments to the
U.S. Constitution.
On Nov. 30, 2022, the Plaintiffs filed a motion for class
certification, which the Court granted through an Order entered by
Judge John L. Kane on Mar. 8, 2024. The Court finds that the
proposed classes fulfill the predominance and superiority
requirements of Rule 23(b)(3).
The appellate case is captioned City and County of Denver v.
Jarman, et al., Case No. 24-702, in the United States Court of
Appeals for the Tenth Circuit, filed on March 25, 2024. [BN]
Plaintiffs-Respondents PAUL JARMAN, et al., individually and on
behalf of all others similarly situated, are represented by:
Annika Adams, Esq.
Zachary Warren, Esq.
HIGHLANDS LAW FIRM
501 South Cherry Street, 11th Floor
Denver, CO 80246
Telephone: (720) 739-0376
(720) 722-3880
- and -
Rick D. Bailey, Esq.
1801 Broadway, Suite 528
Denver, CO 80202
Telephone: (720) 676-6023
- and -
Robyn Levin Clarke, Esq.
Bradley A. Levin, Esq.
Susan S. Minamizono, Esq.
Nelson Andrew Waneka, Esq.
LEVIN SITCOFF WANEKA
455 Sherman Street, Suite 490
Denver, CO 80203
Telephone: (303) 575-9390
Defendant-Petitioner CITY AND COUNTY OF DENVER is represented by:
Katherine Field, Esq.
Joshua Woolf, Esq.
OFFICE OF THE DENVER CITY ATTORNEY
201 West Colfax Avenue, Suite 1100
Denver, CO 80202
Telephone: (720) 913-3292
(720) 913-3100
FANDOM INC: Shah Suit Removed to D. Massachusetts
-------------------------------------------------
The case captioned as Vishal Shah, individually and on behalf of
all others similarly situated v. FANDOM, INC., Case No.
CGC-24-611488 was removed from the San Francisco County Superior
Court, to the United States District Court for the District of
Massachusetts on Feb. 21, 2024, and assigned Case No.
3:24-cv-01062-RFL.
The Complaint asserts one claims against Fandom for violating the
California Invasion of Privacy Act ("CIPA"), by allegedly using
trackers ("Trackers") "to collect Website visitors' IP addresses."
The Complaint seeks to recover "recover statutory damages for
Defendant's violation of CIPA.[BN]
The Defendants are represented by:
Ryan Tyz, Esq.
Erin Jones, Esq.
Deborah Hedley, Esq.
TYZ LAW GROUP PC
4 Embarcadero Center, 14th Floor
San Francisco, CA 94111
Phone: 415.868.6900
Email: ryan@tyzlaw.com
ejones@tyzlaw.com
deborah@tyzlaw.com
HOWARD'S APPLIANCES: Rana Sues Over Unpaid Minimum, Overtime Wages
------------------------------------------------------------------
Sohel Rana, individually, and on behalf of all others similarly
situated v. HOWARD'S APPLIANCES, INC., a California corporation;
and DOES 1 through 10, inclusive, Case No: 24STCV04505 (Cal. Super.
Ct., Los Angeles Cty., Feb. 22, 2024), is brought against
Defendants for California Labor Code violations and unfair business
practices stemming from Defendants' failure to pay minimum wages,
failure to pay overtime wages, failure to provide meal periods,
failure to authorize and permit rest periods, failure to maintain
accurate records of hours worked and meal periods, failure to
timely pay all wages to terminated employees, failure to indemnify
necessary business expenses, and failure to furnish accurate wage
statements.
The Defendants maintained a policy and practice of not paying
Plaintiff and the Class for all hours worked, including all
overtime wages. Throughout the statutory period, Plaintiff and the
Class did not receive compensation for all hours worked. Throughout
the statutory period, Defendants maintained a policy and practice
of not paying Plaintiffs and the Class for all hours worked,
including all overtime wages. Defendants regularly use a system of
time rounding in a manner that resulted, over a period of time, in
failing to compensate Plaintiffs and the Class properly for all the
time they have actually worked, even though the realities of
Defendants' operations are such that it is possible, practical, and
feasible to count and pay for work time to the minute, says the
complaint.
The Plaintiff worked for the Defendants as an assistant manager
from August 2022 to September 2023.
The Defendants own/owned and operate/operated an industry,
business, and establishment within the State of California,
including Los Angeles County.[BN]
The Plaintiff is represented by:
Kane Moon, Esq.
S. Phillip Song, Esq.
Stanley J. Park, Esq.
MOON LAW GROUP, PC
1055 W. Seventh St., Suite 1880
Los Angeles, CA 90017
Phone: (213) 232-3128
Facsimile: (213) 232-3125
Email: kmoon@moonlawgroup.com
psong@moonlawgroup.com
spark@moonlawgroup.com
LOVEHONEY LLC: L.D. Sues Over Unlawful Collection of PII
--------------------------------------------------------
L.D., individually and on behalf of all other persons similarly
situated v. LOVEHONEY LLC, Case No. 2:24-at-00167 (E.D. Cal., Feb.
16, 2024), is brought on behalf of all California residents who
have accessed and used www.lovehoney.com (the "Website") who's
personally identifiable information ("PII") was unlawfully
collected by the Defendant.
Through its Website, Defendant markets and sells sex toys,
lingerie, bondage equipment, and lubricants (the "Products").
Unbeknownst to consumers, however, Defendant collects various
information when they visit its Website, including personally
identifiable information ("PII") as well as other sensitive
personal information, including information about their sexual
life, sexual preferences, and sexual orientation. The Defendant
aids, employs, agrees, and conspires with Facebook to intercept
such sensitive and confidential communications sent and received by
Plaintiff and Class Members. Defendant's conduct, as alleged
herein, demonstrates a wholesale disregard for consumer privacy
rights, says the complaint.
The Plaintiff L.D. has used the Defendant's Website to discreetly
purchase private, adult items.
The Defendant owns and operates www.lovehoney.com, which sells
adult toys nationwide.[BN]
The Plaintiff is represented by:
L. Timothy Fisher, Esq.
BURSOR & FISHER, P.A.
1990 North California Blvd., Suite 940
Walnut Creek, CA 94596
Phone: (925) 300-4455
Facsimile: (925) 407-2700
Email: ltfisher@bursor.com
NEW YORK: A. H. Appeals Dismissal of Suit v. NYSDOH to 2nd Circuit
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A. H., by her next friend E.H., et al. are taking an appeal from a
court order dismissing their lawsuit entitled T.C., by his next
friend D.S., on behalf of themselves and all others similarly
situated, Plaintiffs, v. New York State Department of Health, et
al., Defendants, Case No. 1:22-cv-5045, in the U.S. District Court
for the Southern District of New York.
This case is about individuals with various developmental and
intellectual disabilities who face long delays in moving from
restrictive institutional facilities to community-based residential
settings. The Plaintiffs' counsel originally filed this case on
behalf of eight individuals, an organization named Disability
Rights New York ("DRNY"), and a purported class of individuals
alleged to be similarly situated to the eight original individual
Plaintiffs. Within a few months of the filing of the original
complaint, two of the individual Plaintiffs were placed in
community residences, and the Plaintiffs filed their operative
pleading, the Amended Complaint, which removed the Plaintiffs who
had been placed, added two new individual Plaintiffs, and added
claims of constitutional violations.
The Plaintiffs then moved for a preliminary injunction, which the
Court denied. The Court concluded that the Plaintiffs had failed to
show a likelihood of success on the merits of any of their claims.
In the interim, the Defendants filed a motion to dismiss most, but
not all, of the Plaintiffs' claims, arguing that DRNY lacks
standing. The Plaintiffs opposed that motion.
Thereafter, approximately 13 months after they initiated this case,
the Plaintiffs' counsel filed a motion to intervene, arguing that
the addition of the Proposed Plaintiffs is needed to protect the
interests of all class members.
The Defendants filed a motion to dismiss the entire action for lack
of subject matter jurisdiction, which the Court granted through an
Order entered by Judge Mary Kay Vyskocil on Feb. 20, 2024. The
Court denied the Plaintiffs' motion to intervene and dismissed the
case. The Court ruled that the motion to intervene is not timely in
the circumstances of this case. Timeliness is a prerequisite for
both intervention as of right and permissive intervention, and the
untimeliness of the motion, alone, is sufficient reason to deny
it.
The appellate case is captioned T.C. v. New York State Department
of Health, Case No. 24-725, in the United States Court of Appeals
for the Second Circuit, filed on March 25, 2024. [BN]
Plaintiffs-Appellants A. H., by her next friend E.H., et al., on
behalf of themselves and all others similarly situated, are
represented by:
David Abrams, Esq.
KASOWITZ BENSON TORRES LLP
1633 Broadway, 22nd Floor
New York, NY 10019
- and -
Julie M. Keegan, Esq.
DISABILITY RIGHTS NEW YORK
725 Broadway, Suite 450
Albany, NY 12207
Defendants-Appellees NEW YORK STATE DEPARTMENT OF HEALTH, et al.
are represented by:
Barbara D. Underwood, Esq.
NEW YORK STATE OFFICE OF THE ATTORNEY GENERAL
28 Liberty Street
New York, NY 10005
ROBERT HALF INC: Heiting Sues Over Wiretapping and Eavesdropping
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Anne Heiting, individually and on behalf of all others similarly
situated v. ROBERT HALF INC., a California Corporation; and DOES 1
through 25, inclusive, Case No 24STCV04412 (Cal. Super. Ct., Los
Angeles Cty., Feb. 22, 2024), is brought against the Defendants'
violations of the California Invasion of Privacy Act due to
unlawful wiretapping and eavesdropping of electronic
communications.
Due largely to the fact that commercial chat boxes seem innocuous
and inconspicuous, very few website users suspect that their chats
are being used as a means to obtain significant amounts of
information about them. However, like all means of surveillance,
the inconspicuous nature of chat boxes is exactly what makes them
valuable tools to meet their objective. In many instances, such as
here, the website operating the chat boxes never disclose the
nature of the chat box interaction: namely that chats are being
routed to third party servers so that a third party may to record,
store, and use communication for the purposes of collecting
information about a specific internet user.
CIPA prohibits both wiretapping and eavesdropping of electronic
communications without the consent of all parties to the
communication. The vast majority of website operators comply by
disclosing to visitors that their communications are being
recorded, and the purpose of such recording. The Defendant is the
proprietor of roberthalf.com, an online platform that offers
staffing, recruitment, and job search services. During a browsing
session on the Defendant's website, the plaintiff utilized the chat
box feature. However, the plaintiff was not informed that his
conversations were being recorded and exploited for commercial
surveillance purposes without his consent.
The Defendant's deceptive and invasive practices violate the
privacy rights of its customers. Rather, Defendant does not
disclose the recording and surveillance in any manner, using the
recorded chat transcripts stored by Salesforce for "conversation
mining" where Salesforce "reviews conversation data and extracts
the contact reason" among other features. The Defendant did not
obtain Plaintiffs express or implied consent to wiretap or allow
third parties to eavesdrop on visitor conversations, nor did
Plaintiff know at the time of the conversations that Defendant was
secretly wiretapping them and allowing third parties to eavesdrop
on them, says the complaint.
The Plaintiff is a citizen of California residing within the
Central District of California.
Robert Half Inc. is a California corporation that owns, operates,
and/or controls www.roberthalf.com.[BN]
The Plaintiff is represented by:
Robert Tauler, Esq.
Wendy Miele, Esq.
TAULER SMITH, LLP
626 Wilshire Boulevard, Suite 550
Los Angeles, CA 90017
Phone: (310) 590-3927
Email: rtauler@taulersmith.com
wmiele@taulersmith.com
ROTOFUGI INC: Ramos Files ADA Suit in N.D. Illinois
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A class action lawsuit has been filed against Rotofugi, Inc. The
case is styled as Eslimerari Ramos, on behalf of herself and all
others similarly situated v. Rotofugi, Inc., Case No. 1:24-cv-01731
(N.D. Ill., Feb. 29, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Rotofugi -- https://rotofugi.com/ -- features a diverse selection
of vinyl figures, blind box and capsule toys, plush, pop culture
collectibles and more from designers across the globe.[BN]
The Plaintiff is represented by:
Yaakov Saks, Esq.
STEIN SAKS, PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601-2726
Phone: (201) 282-6500
Email: ysaks@steinsakslegal.com
RUSH ADMINISTRATIVE: Castro Sues to Recover Unpaid Wages
--------------------------------------------------------
Juan Degollado Castro, an similarly situated and the general public
v. RUSH ADMINISTRATIVE SERVICES, INC., a corporation; and DOES 1 to
100, inclusive, Case No. 24STCV04498 (Cal. Super. Ct., Los Angeles
Cty., Feb. 22, 2024), is brought seeking recovery of unpaid wages,
waiting time penalties, pay stub penalties and meal and rest period
premiums under California Labor Code and for monetary damages for
failure to pay wages as well as for restitution for Defendants'
violations of Business and Professions Code, including full
restitution of all compensation retained by Defendants as a result
of their unlawful, fraudulent and unfair business practices.
The Plaintiffs are informed and believe and thereon allege that as
part of Defendants' ongoing unfair business practices, Defendants'
hourly employees worked in excess of 8 hours per day, and in excess
of 40 hours per week without receiving the proper regular rate of
pay and/or minimum wage rate because Plaintiffs regularly work
off-the-clock hours before and after their shifts without
compensation. Defendants are therefore in violation of Labor Code
§§ 510 and 1194, and the relevant California Industrial Welfare
Commission Orders, says the complaint.
The Plaintiff worked within California as a non-exempt hourly
employee for Defendants between 2022 and 2023.
Rush was authorized to do business in the State of California,
County of Los Angeles, and owning and operating truck centers.[BN]
The Plaintiff is represented by:
Aaron A. Bartz, Esq.
BARTZ LAW GROUP, APC
5151 California Ave., Suite 100
Irvine, CA 92617
Phone: (949) 504-4413
Fax: (949) 656-7760
Email: aaron@bartzlawgroup.com
- and -
Walter L. Haines, Esq.
UNITED EMPLOYEES LAW GROUP, PC
8605 Santa Monica Blvd., #63354
West Hollywood, CA 90069
Phone: (562) 256-1047
Fax: (562) 256-1006
Email: walter@uelglaw.com
SAFECO INSURANCE: Angulo Files Suit in W.D. Texas
-------------------------------------------------
A class action lawsuit has been filed against Safeco Insurance
Company of Indiana. The case is styled as George Angulo, Abigail
Angulo, on behalf of herself, and all others similarly situated v.
Safeco Insurance Company of Indiana, Case No. 5:24-cv-00182-FB
(W.D. Tex., Feb. 22, 2024).
The nature of suit is stated as Insurance for Breach of Contract.
Safeco Insurance Company -- https://www.safeco.com/ -- provides
auto, home, renters, condo, boat, car, motorcycle, and umbrella
insurance services. Safeco Insurance serves customers in the United
States.[BN]
The Plaintiff is represented by:
Erik D. Peterson, Esq.
ERIK PETERSON LAW OFFICES
110 West Vine Street, Suite 300
Lexington, KY 40507
Phone: (800) 614-1957
Email: erik@eplo.law
- and –
J. Brandon McWherter, Esq.
MCWHERTER SCOTT & BOBBITT, PLC
341 Cool Springs Blvd., Ste. 230
Franklin, TN 37067
Phone: (615) 354-1144
Fax: (731) 664-1540
Email: brandon@msb.law
- and –
Shaun W. Hodge, Esq.
HODGE LAW FIRM, PLLC
1301 Market Street
The Historic Runge House
Galveston, TX 77550
Phone: (409) 762-5000
Fax: (409) 763-2300
Email: shodge@hodgefirm.com
SALESFORCE INC: Roy Suit Removed to N.D. California
---------------------------------------------------
The case styled as Dr. Lisbeth W. Roy, individually, and on behalf
of all others similarly situated and the general public v.
Salesforce, Inc., Case No. CGC-23-611156 was removed from the
Superior Court of Calif., County of San Francisco, to the U.S.
District Court for the Northern District of California on Feb. 28,
2024.
The District Court Clerk assigned Case No. 3:24-cv-01219-JD to the
proceeding.
The nature of suit is stated as Other Contract for Contract
Dispute.
Salesforce, Inc. -- http://www.salesforce.com/-- is an American
cloud-based software company headquartered in San Francisco,
California.[BN]
The Plaintiff is represented by:
Juan Pablo Alban, Esq.
STUART ALBAN LAW
87 N Raymond Ave., Ste. 200
Pasadena, CA 91103
Phone: (310) 497-6880
Email: jp@stuartalbanlaw.com
The Defendant is represented by:
Thomas Todd Pittenger, Esq.
Kelly J. H. Garcia, Esq.
GRAYROBINSON, PA
301 E Pine St Ste 1400
Orlando, FL 32801
Phone: (407) 843-8880
Fax: (407) 244-5690
Email: todd.pittenger@gray-robinson.com
kelly.garcia@gray-robinson.com
SAMSUNG ELECTRONICS: Stanford Suit Removed to W.D. Missouri
-----------------------------------------------------------
The case styled as Nader Stanford, on behalf of himself and all
others similarly situated v. Samsung Electronics America, Inc.,
Case No. MID-L-005920-23 was removed from the Superior Court of New
Jersey, Middlesex County, to the U.S. District Court for the
Western District of Missouri on Feb. 18, 2024.
The District Court Clerk assigned Case No. 4:24-cv-00114-BCW to the
proceeding.
The nature of suit is stated as Other Contract.
Samsung Electronics America, Inc. -- https://www.samsung.com/us/ --
manufactures electronic products.[BN]
The Plaintiff is represented by:
Andrew K Smith, Esq.
Jonathan M. Soper, Esq.
HUMPHREY, FARRINGTON, & MCCLAIN, PC
221 West Lexington, Suite 400
P. O. Box 900
Independence, MO 64051
Phone: (816) 836-5050
Fax: (816) 836-8966
Email: aks@hfmlegal.com
jms@hfmlegal.com
The Defendants are represented by:
Rick E Frawley, Esq.
Matthew W. Lytle, Esq.
FRAWLEY LYTLE, LLC
1600 Genessee Street, Ste 400
Kansas City, MO 64102
Phone: (816) 800-5001
Fax: (816) 800-5001
Email: rick@frawley-lytle.com
matt@frawley-lytle.com
- and -
Michael J. Bisceglia, Esq.
Thomas R. Waskom, Esq.
HUNTON & WILLIAMS LLP
951 E. Bryd Street
Richmond, VA 23219
Phone: (804) 788-8200
Email: mbisceglia@huntonak.com
twaskom@huntonak.com
- and -
Michael J. Mueller, Esq.
2200 Pennsylvania Ave NW
Washington, DC 20037
Phone: (202) 955-1500
Email: mmueller@huntonak.com
ST. CHARLES HEALTH: Reiger Files FDCPA Suit in D. Oregon
--------------------------------------------------------
A class action lawsuit has been filed against St. Charles Health
System, Inc., et al. The case is styled as Kristine Reiger,
individually and on behalf of all others similarly situated v. St.
Charles Health System, Inc., Ray Klein, Inc., Case No.
6:24-cv-00334-MC (D. Ore., Feb. 22, 2024).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
St. Charles Health System, Inc. --
https://www.stcharleshealthcare.org/ -- is a four-hospital network
and healthcare company in Central Oregon.[BN]
The Plaintiff is represented by:
Nadia H. Dahab, Esq.
David F. Sugerman, Esq.
SUGERMAN DAHAB
101 SW Main Street, Suite 910
Portland, OR 97205
Phone: (503) 228-6474
Email: nadia@sugermandahab.com
david@sugermandahab.com
- and -
Beth Ellen Terrell, Esq.
Blythe H. Chandler, Esq.
Jasmin Rezaie-Tirabadi, Esq.
TERRELL MARSHALL LAW GROUP PLLC
936 North 34th Street, Suite 300
Seattle, WA 98103-8869
Phone: (206) 816-6603
Fax: (206) 350-3528
Email: bterrell@terrellmarshall.com
bchandler@terrellmarshall.com
jrezaie@terrellmarshall.com
TAXACT INC: Appeals Arbitration Order in Kirkham Suit to 3rd Cir.
-----------------------------------------------------------------
TAXACT INC. is taking an appeal from a court order granting in part
and denying in part its amended motion to compel arbitration and
stay proceedings in the lawsuit entitled James Kirkham, et al.,
individually and on behalf of all others similarly situated,
Plaintiffs, v. TaxAct Inc., Defendant, Case No. 2-23-cv-03303, in
the U.S. District Court for the Eastern District of Pennsylvania.
As previously stated in the Class Action Reporter, the lawsuit,
which was removed from the Court of Common Pleas in Philadelphia
County, Pennsylvania, to the United States District Court for the
Eastern District of Pennsylvania, is brought against the Defendant
for alleged violations of 26 U.S.C. section 6103 and 7431(a)(2),
and the Pennsylvania Wiretapping and Electronic Surveillance
Control Act ("Pennsylvania Wiretap Act").
On Feb. 16, 2024, the Defendant filed a motion to compel
arbitration and stay proceedings, which the Plaintiffs opposed on
Feb. 27, 2024.
On Mar. 15, 2024, the Court granted in part and denied in part the
Defendant's motion to compel arbitration and stay proceedings
through an Order entered by Judge Wendy Beetlestone. TaxAct's
motion for a stay with respect to James Kirkham's claims was
granted but its motion with respect to Matthew Sessoms' claims was
denied.
The appellate case is captioned James Kirkham, et al. v. Taxact
Inc., Case No. 24-1515, in the United States Court of Appeals for
the Third Circuit, filed on March 25, 2024. [BN]
Plaintiffs-Appellees JAMES KIRKHAM, et al., individually and on
behalf of all others similarly situated, are represented by:
Michael Coren, Esq.
James P. Goslee, Esq.
Eric S. Pasternack, Esq.
Jared M. Placitella, Esq.
COHEN PLACITELLA & ROTH
2001 Market Street
Two Commerce Square, Suite 2900
Philadelphia, PA 19103
Telephone: (215) 567-3500
Defendant-Appellant TAXACT INC. is represented by:
James W. Ducayet, Esq.
SIDLEY AUSTIN
One S. Dearborn Street
Chicago, IL 60603
Telephone: (312) 853-7000
- and -
Jeffry W. Duffy, Esq.
Tyson Herrold, Esq.
BAKER & HOSTETLER
1735 Market Street, Suite 3300
Philadelphia, PA 19103
Telephone: (215) 564-2916
(215) 564-3286
- and -
Eamon P. Joyce, Esq.
SIDLEY AUSTIN
787 Seventh Avenue
New York, NY 10019
Telephone: (212) 839-8555
TYSON FOODS: Court Narrows Claims in Pearson Suit
-------------------------------------------------
In the class action lawsuit captioned as SARAH PEARSON, for herself
and all other similarly situated individuals, v. TYSON FOODS, INC.,
Case No. 4:23-cv-01080-BSM (E.D. Ark.), the Hon. Judge entered an
order granting in part and denying in part Tyson's motion to
dismiss:
-- The Title VII disparate treatment claims are dismissed with
prejudice. The ACRA disparate treatment claims related to
events
before November 2022 are dismissed with prejudice; the
remaining
ACRA disparate treatment claims are dismissed without
prejudice.
Ms. Pearson brings this putative class action lawsuit alleging that
Tyson failed to accommodate her religious beliefs and discriminated
against her based on her religion, in violation of Title VII, 42
U.S.C. section 2000e et seq., and the Arkansas Civil Rights Act.
Ms. Pearson seeks to certify a class of current and former Arkansas
Tyson employees who worked remotely before Tyson instituted its
vaccination requirement, who requested a religious accommodation to
continue working remotely, and who were placed on an extended
unpaid leave of absence instead. Ms. Pearson has not yet moved for
class certification. At this early stage, it is premature to strike
the class claims because it is not apparent from the pleadings that
the class cannot be certified. Ms. Pearson worked at Tyson for 20
years. In early 2020, she began working remotely as a senior
controller.
Tyson produces, distributes, and markets chicken, beef, pork,
prepared foods, and related allied products.
A copy of the Court's order dated March 26, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=9IbZLD at no extra
charge.[CC]
UBS AG: Class Settlement to be Heard on June 18
-----------------------------------------------
An important update has been noticed in the action, Fund
Liquidation Holdings LLC. et al. v. UBS AG et al., No. 15-cv-5844
(GBD) (S.D.N.Y.)) pending in the United States District Court for
the Southern District of New York.
**IMPORTANT UPDATE**
The Court entered an order on February 20, 2024 preliminarily
approving the proposed settlement with: Societe Generale ("SocGen")
dated February 16, 2024.
The information below has been updated for this Settlement. If you
have already submitted a claim in connection with any of the
earlier settlements in this case, no additional claim needs to be
submitted to participate in this Settlement.
The information contained on this web page is only a summary of
information presented in more detail in the Notice of Proposed
Class Action Settlement, June 18, 2024 Fairness Hearing Thereon,
and Class Members' Rights (the "Notice"), which you can access by
clicking here. Since this website is just a summary, you should
review the Notice and Settlement Agreement for additional details.
Your Legal Rights Could Be Affected Whether You Act Or Do Not Act.
Please Read The Notice Carefully.
IF YOU TRANSACTED EUROYEN-BASED DERIVATIVES BETWEEN JANUARY 1, 2006
THROUGH JUNE 30, 2011, INCLUSIVE, (THE "CLASS PERIOD"), YOU MAY BE
ENTITLED TO A PAYMENT FROM A CLASS ACTION SETTLEMENT.
IMPORTANT DATES AND DEADLINES
SUBMIT A PROOF OF CLAIM
To be eligible for a payment from the Net Settlement Fund a Claim
Form must be postmarked no later than August 2, 2024.
Note, if you already timely submitted a valid proof of claim and
release pursuant to the 2016 Notice, 2017 Notice, 2018 Notice, 2019
Notice, or 2022 Notice, you DO NOT need to submit a new Proof of
Claim and Release to participate in this Settlement.
If you did not file a Claim Form with the previous settlements, and
if you do not file a Claim Form by, August 2, 2024, you will not be
eligible to receive any money from the Settlement Fund.
EXCLUDE YOURSELF FROM THE SETTLEMENT CLASS FOR THE SETTLEMENT
If you do not wish to be bound by the terms of the SocGen
Settlement, you must submit a written request for exclusion
postmarked no later than May 20, 2024.
OBJECT TO THE SETTLEMENT
Any objections to the proposed Settlement must be filed no later
than May 20, 2024.
SETTLEMENT HEARING
A hearing will be held on June 18, 2024 at 10:00 a.m. at the United
States District Court Southern District of New York, Courtroom 11A,
to consider the fairness, reasonableness, and adequacy of the
Settlement.
Anyone wishing to attend the Settlement Hearing must include a
written notice of the intention to appear with their Objection, and
filed, no later than May 20, 2024.
Any change by the Court of the Plan of Allocation, the time and
place of the Fairness Hearing, or any other matter and all further
orders or requirements by the Court will be posted on this website
as soon as practicable.
It is important that you refer to this website as no other notice
may be published of such changes.
What is this case about?
Representative Plaintiffs allege that each Defendant, from January
1, 2006 through June 30, 2011, inclusive, manipulated or aided and
abetted the manipulation of Yen-LIBOR, Euroyen TIBOR, and the
prices of Euroyen-Based Derivatives. Defendants allegedly did so by
using several means of manipulation. For example, panel banks that
made the daily Yen-LIBOR and/or Euroyen TIBOR submissions to the
British Bankers' Association and Japanese Bankers' Association (the
"Contributor Bank Defendants"), allegedly falsely reported their
cost of borrowing to financially benefit their Euroyen-Based
Derivatives positions. Contributor Bank Defendants also allegedly
requested that other Contributor Bank Defendants make false
Yen-LIBOR and Euroyen TIBOR submissions on their behalf to benefit
their Euroyen-Based Derivatives positions and used inter-dealer
brokers, intermediaries between buyers and sellers in the money
markets and derivatives markets, to manipulate Yen-LIBOR, Euroyen
TIBOR, and the prices of Euroyen-Based Derivatives by disseminating
false "Suggested LIBORs," publishing false market rates on broker
screens, and publishing false bids and offers into the market.
Plaintiffs have asserted legal claims under various theories,
including federal antitrust law, the Commodity Exchange Act
("CEA"), the Racketeering Influenced and Corrupt Organizations
("RICO") Act, and common law.
SocGen has consistently and vigorously denied Representative
Plaintiffs' allegations. SocGen entered into a Settlement Agreement
with Representative Plaintiffs, despite believing that it is not
liable for the claims asserted against it, to avoid the further
expense, inconvenience, and distraction of burdensome and
protracted litigation, thereby putting this controversy to rest and
avoiding the risks inherent in complex litigation.
What is a Euroyen-Based Derivative?
"Euroyen-Based Derivatives" means (i) a Euroyen TIBOR futures
contract on the Chicago Mercantile Exchange ("CME"); (ii) a Euroyen
TIBOR futures contract on the Tokyo Financial Exchange, Inc.
("TFX"), Singapore Exchange ("SGX"), or London International
Financial Futures and Options Exchange ("LIFFE") entered into by a
U.S. Person, or by a Person from or through a location within the
U.S.; (iii) a Japanese Yen currency futures contract on the CME;
(iv) a Yen-LIBOR and/or Euroyen TIBOR based interest rate swap
entered into by a U.S. Person, or by a Person from or through a
location within the U.S.; (v) an option on a Yen-LIBOR and/or
Euroyen TIBOR based interest rate swap ("swaption") entered into by
a U.S. Person, or by a Person from or through a location within the
U.S.; (vi) a Japanese Yen currency forward agreement entered into
by a U.S. Person, or by a Person from or through a location within
the U.S.; and/or (vii) a Yen-LIBOR and/or Euroyen TIBOR based
forward rate agreement entered into by a U.S. Person, or by a
Person from or through a location within the U.S. Commodities
Brokers and other Nominees: Please visit the Institutional E-Filing
page of this website.
If you have questions, you may call the Euroyen Settlement Help
Line at 866-217-4453, or email info@EuroyenSettlement.com
UMG RECORDINGS: Marks Appeals Case Dismissal to 9th Circuit
-----------------------------------------------------------
DAVID MARKS is taking an appeal from a court order dismissing his
lawsuit entitled David Marks, on behalf of himself and all others
similarly situated, Plaintiff, v. UMG Recordings INC., et al.,
Defendants, Case No. 2:21-cv-04043-MCS-JPR, in the U.S. District
Court for the Central District of California.
As previously reported in the Class Action Reporter, the Plaintiff
filed this complaint against UMR Recordings for breach of contract,
account stated, fraud, accounting, breach of the covenant of good
faith and fair dealing, and violation of California's Business &
Professions Code by engaging in an unlawful practice of
underreporting international streaming revenues to the Plaintiff
and Class members.
On Oct. 4, 2021, the Plaintiff filed a second amended complaint,
which the Defendants moved to dismiss for failure to state a claim
and for relief not available as a matter of law pursuant to Rules
12(b)(6) and 9(b) of the Federal Rules of Civil Procedure (FRCP) on
Jan. 6, 2022.
On Apr. 6, 2022, the Court dismissed the second amended complaint
with prejudice through an Order entered by Judge Mark C. Scarsi.
On Sept. 8, 2023, the Plaintiff filed a third amended complaint,
which the Defendants moved to dismiss Pursuant to Rule 12(b)(6) of
the FRCP on Sept. 22, 2023.
On Jan. 9, 2024, the Court denied the Defendants' motion to dismiss
the Plaintiff's third amended complaint.
On Jan. 23, 2024, the Defendants filed a motion for judgment on the
pleadings as to the third amended class action complaint, which the
Plaintiff opposed on Feb. 5, 2024.
On Mar. 18, 2024, Judge Scarsi granted the Defendants' motion as to
the Plaintiff's request for declaratory relief based on frustration
of purpose. Because both theories under which the Plaintiff seeks
to rescind the contracts fail as a matter of law, his claim must be
dismissed, ruled the Court. The Court further denied the
Plaintiff's leave to amend. The Defendants' motion for judgment on
the pleadings was granted. The Court directed the Clerk to enter
judgment and to close the case.
The appellate case is captioned Marks v. UMG Recordings INC., et
al., Case No. 24-1756, in the United States Court of Appeals for
the Ninth Circuit, filed on March 25, 2024.
The briefing schedule in the Appellate Case states that:
-- Mediation Questionnaire for Appellant was due on April 1,
2024;
-- Appellant's Appeal Opening Brief is due on May 6, 2024; and
-- Appellee's Appeal Answering Brief is due on June 3, 2024.
[BN]
Plaintiff-Appellant DAVID MARKS, individually and on behalf of all
others similarly situated, is represented by:
Neville Johnson, Esq.
JOHNSON & JOHNSON, LLP
439 N Canon Drive, Suite 200
Beverly Hills, CA 90210
UNIFED COURT: Court Junks DeRaffele Suit w/ Leave to Replead
------------------------------------------------------------
In the class action lawsuit captioned as CHRISTOPHER DeRAFFELE;
JOHN DeRAFFELE; C.D., a minor; C.M., a minor, v. UNIFED COURT
SYSTEM OF NEW YORK; FAMILY COURT OF NEW ROCHELLE; HONORABLE JUDGE
MELISSA LOEHR; DEBORAH CLEGG; CLAUDETTE LAMELLE; GUADALUPE MENDOZA;
GAIL DeRAFFELE CARRETA, Case No. 7:24-cv-01920-CS (S.D.N.Y.), the
Hon. Judge Cathy Seibel entered an order of dismissal with leave to
replead.
-- The Plaintiffs' complaint is dismissed as barred by judicial
immunity, the Eleventh Amendment, and the Younger abstention
and
Rooker-Feldman doctrines.
-- The Court denies Plaintiffs' request to have this case
designated
as a class action, and the Plaintiffs may not assert claims on
behalf of C.D. and C.M.
-- The Court grants Plaintiffs leave to replead valid claims
within
30 days of this order. If the Plaintiffs choose to replead
their
claims, they must submit an amended complaint to this Court's
Pro
Se Intake Unit within thirty days of the date of this order,
caption the document as an "Amended Complaint," and label the
document with docket number 24-CV-1920 (CS).
-- The Clerk of Court is instructed to hold this matter open on
the
docket until a civil judgment is entered.
The Court certifies under 28 U.S.C. section 1915(a)(3) that any
appeal from this order would not be taken in good faith, and
therefore in forma pauperis status is denied for the purpose of an
appeal.
The Plaintiffs, who seek to have this action designated as a class
action, assert that they bring this action "to rectify an injustice
that violates the very basic rights of individuals such as to the
1st amendment right of free speech, the 14th amendment right of due
process and a violation of their civil rights of deprivation under
Title 42 USC 1983."
A copy of the Court's order dated March 26, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=fAOAOS at no extra
charge.[CC]
UNITED STATES: CCFWP Wins Class Certification Bid
-------------------------------------------------
In the class action lawsuit captioned as CALIFORNIA COALITION FOR
WOMEN PRISONERS, ET AL., v. UNITED STATES, ET AL., Case No.
4:23-cv-04155-YGR (N.D. Cal.), the Hon. Judge Yvonne Gonzalez
Rogers entered an order:
-- granting the motion for class certification;
-- granting in part and denying in part the motion for preliminary
injunction
-- granting motions to seal;
-- denying motion for remote appearance as moot.
-- granting the motion for clarification.
A copy of the Court's order dated March 26, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=wK8C56 at no extra
charge.[CC]
UNITED STATES: Court Stays Gavin Power Suit
-------------------------------------------
In the class action lawsuit captioned as Gavin Power, LLC, V.
United States Environmental Protection Agency, et al., Case No.
2:24-cv-00041-MHW-EPD (S.D. Ohio), the Hon. Judge Michael Watson
entered an order granting the motion to stay case pending the
outcome of an action in the United States Court of Appeals for the
District of Columbia Circuit.
The Clerk shall terminate all pending motions in this case. The
parties are ordered to file a joint report explaining the status of
Gavin I every 60 days.
In 2018, the D. C. Circuit ruled that coal-fired power plants must
close certain disposal impoundments. In response, the EPA set a
deadline for the Plants to finish the Closure. Gavin Power, LLC is
one of the Plants and sought an extension of the deadline. The EPA
denied that request.
One of the Plaintiff's allegations here is that the EPA improperly
applied the Rule to one of the Plaintiffs facilities in Ohio.
Environmental Protection Agency is an agency of the United States
federal government whose mission is to protect human and
environmental health.
A copy of the Court's order dated March 27, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=fqZzX1 at no extra
charge.[CC]
VGW HOLDINGS: Knapp Suit Removed to M.D. Florida
------------------------------------------------
The case styled as Eric A. Knapp, on behalf of himself and all
other Florida citizens similarly situated v. VGW Holdings Limited,
VGW Malta Limited, VGW Luckyland Inc., VGW GP Limited, Fidelity
National Information Services, Inc., Worldpay, Inc., Case No.
2023CA004075 was removed from the 8th Judicial Circuit, Seminole
County, to the U.S. District Court for the Middle District of
Florida on Feb. 28, 2024.
The District Court Clerk assigned Case No. 6:24-cv-00413-CEM-DCI to
the proceeding.
The nature of suit is stated as Other Contract.
VGW Holdings Limited -- http://www.vgw.co/-- operates an online
gaming portal.[BN]
The Plaintiff is represented by:
Dennis F. Wells, Esq.
WEBB & WELLS, P.A.
P.O. Box 915432
Longwood, FL 32779
Phone: (407) 865-5600
Email: denniswells2@icloud.com
The Defendant is represented by:
Thomas Todd Pittenger, Esq.
Kelly J. H. Garcia, Esq.
GRAYROBINSON, PA
301 E Pine St Ste 1400
Orlando, FL 32801
Phone: (407) 843-8880
Fax: (407) 244-5690
Email: todd.pittenger@gray-robinson.com
kelly.garcia@gray-robinson.com
VILLA ESPERANZA: Quevedo Sues to Recover Unpaid Wages
-----------------------------------------------------
Jimmy Quevedo, as an individual and on behalf of all others
similarly situated v. VILLA ESPERANZA SERVICES, a California
Nonprofit Corporation; and DOES 1 through 100, Case No. 24STCV04374
(Cal. Super. Ct., Los Angeles Cty., Feb. 21, 2024), is brought for
recovery of unpaid wages and penalties under California Labor Code
and California Business and Professions Code and Industrial Welfare
Commission Wage Order No. 4 ("Wage Order 4"), in addition to
seeking declaratory relief and restitution.
The Defendants failed to provide Plaintiff and other non-exempt
employees with all required meal periods because, upon information
and belief, Defendants did not maintain a lawful meal period policy
and failed to provide for duty-free meal periods to Plaintiff and
other non-exempt employees. The Defendants failed to authorize and
permit Plaintiff and other non-exempt employees to take all
required rest periods because, upon information and belief,
Defendants did
not maintain a lawful rest period policy and failed to authorize
and permit non-exempt employees to be relieved of all work during
rest periods, due to the purported on-duty nature of their work. As
a result of Defendants' failure to pay all meal and rest period
premiums, Defendants maintained inaccurate payroll records, issued
inaccurate wage statements to Plaintiff, says the complaint.
The Plaintiff has been employed by Defendants as a non-exempt
"Instructional Aide" (or similarly titled position) since November
2022, but has been on a medical leave of absence since March 2023.
The Defendants operate and offer various programs and services to
individuals with developmental disabilities (hereinafter "clients")
throughout Los Angeles County and California.[BN]
The Plaintiff is represented by:
Paul K. Haines, Esq.
Sean M. Blakely, Esq.
Aden M. Khachadoorian, Esq.
HAINES LAW GROUP, APC
2155 Campus Drive, Suite 180
El Segundo, CA 90245
Phone: (424) 292-2350
Fax: (424) 292-2355
Email: phaines@haineslawgroup.com
sblakely@haineslawgroup.com
akhachadoorian@haineslawgroup.com
VISIONWORKS OF AMERICA: Sharma Files Suit in W.D. Texas
-------------------------------------------------------
A class action lawsuit has been filed against Visionworks of
America, Inc. The case is styled as Saurav Sharma, Diane Young,
Jaime Stieve, George Dean, on behalf of themselves and all others
similarly situated v. Visionworks of America, Inc., Case No.
6:23-cv-01566-WWB-EJK (W.D. Tex., Feb. 23, 2024).
The nature suit is stated as Other Contract for Wire and Electronic
Communications Interception.
Visionworks of America, Inc. -- http://visionworks.com/-- is an
American company which operates or manages 711 optical retail
stores in 40 U.S. states and the District of Columbia.[BN]
The Plaintiff is represented by:
Donald Patrick Yarborough, Esq.
FOSTER YARBOROUGH PLLC
917 Franklin Street, Suite 220
Houston, TX 77002
Phone: (713) 331-5254
Fax: (713) 513-5202
Email: ed patrick@fosteryarborough.com
VIVID SEATS LLC: Zainfeld Files Suit in S.D. New York
-----------------------------------------------------
A class action lawsuit has been filed against Vivid Seats, LLC. The
case is styled as Amy Zainfeld, Lowell Kern, Abraham Davies,
individually and on behalf of all others similarly situated v.
Vivid Seats, LLC, Case No. 1:24-cv-01520-DEH (S.D.N.Y., Feb. 28,
2024).
The nature of suit is stated as Other Fraud.
Vivid Seats Inc. -- http://www.vividseats.com/-- is an American
ticket exchange and resale company.[BN]
The Plaintiff is represented by:
Mark Samuel Reich, Esq.
LEVI & KORSINSKY LLP
33 Whitehall Street, 17th Floor
New York, NY 10004
Phone: (212) 363-7500
Email: mreich@zlk.com
The Defendant is represented by:
Timothy Bunker Hardwicke, Esq.
GOODSMITH GREGG & UNRUH LLP
150 S. Wacker Drive, Suite 3150
Chicago, IL 60606
Phone: (312) 322-1981
Fax: (312) 322-0056
Email: thardwicke@ggulaw.com
VIVINT INC: Harris Suit Removed to D. New Jersey
------------------------------------------------
The case styled as Doughty Harris, on behalf of himself and all
others similarly situated v. Vivint, Inc., Case No. BUR-L-000081-24
was removed from the Superior Court of New Jersey, to the U.S.
District Court for the District of New Jersey on Feb. 21, 2024.
The District Court Clerk assigned Case No. 1:24-cv-01010-RMB-MJS to
the proceeding.
The nature of suit is stated as Other Fraud.
Vivint Smart Home, Inc. -- https://www.vivint.com/ -- is a United
States-based smart home company.[BN]
The Defendant is represented by:
Stephen Patrick Denittis, Esq.
DENITTIS OSEFCHEN PRINCE, PC
525 Route 73 N., Suite 410
Marlton, NJ 08053
Phone: (856) 797-9951
Fax: (856) 797-9978
Email: sdenittis@denittislaw.com
- and -
Christopher Eugene Torkelson, Esq.
ECKERT SEAMANS CHERIN & MELLOTT LLC
2000 Lenox Drive, Suite 203
Lawrenceville, NJ 08648
Phone: (609) 989-5059
Email: ctorkelson@eckertseamans.com
WESTLAKE PORTFOLIO: Hueston Files Suit in C.D. California
---------------------------------------------------------
A class action lawsuit has been filed against Westlake Portfolio
Management LLC. The case is styled as Tamika Hueston, Bundy Laney,
Cecily Moody, Jattiya Davis, Danielle Caines, on behalf of
themselves and all others similarly situated v. Westlake Portfolio
Management LLC, Case No. 5:24-cv-00380-JGB-SHK (C.D. Cal., Feb. 16,
2024).
The nature of suit is stated as Other Contract.
Westlake Portfolio Management -- https://www.wpmservicing.com/ --
offers solutions for finance companies, private investors, and loan
holders of auto loan portfolios.[BN]
The Plaintiffs are represented by:
Kyle Douglas McLean, Esq.
SIRI & GLIMSTAD LLP
700 S. Flower Street, Suite 1000
Los Angeles, CA 90017
Phone: (213) 376-3739
Fax: (646) 417-5967
Email: kmclean@sirillp.com
- and -
Mason A. Barney, Esq.
Steven D. Cohen, Esq.
SIRI AND GLIMSTAD LLP
745 Fifth Avenue, Suite 500
New York, NY 10151
Phone: (212) 532-1091
Fax: (646) 417-5967
Email: mbarney@sirillp.com
scohen@sirillp.com
WYNN RESORTS: Court Extends Fact Discovery Deadline in John
------------------------------------------------------------
In the class action lawsuit captioned as JOHN V. FERRIS and JOANN
M. FERRIS, Individually and on Behalf of All Others Similarly
Situated, v. WYNN RESORTS LIMITED, et al., Case No.
2:18-cv-00479-APG-BNW (D. Nev.), the Hon. Judge Brenda Weksler
entered an order on class representatives' motion for an extension
of discovery deadlines and memorandum of points and authorities in
support as follows:
(a) granting the extension of the fact discovery deadline set
forth
in the Stipulated Discovery Plan and Scheduling order
Pursuant
to the Court's April 6, 2023 motion hearing Order to the
later
of (1) 90 days after the Court's ruling on the Plaintiffs'
motion to Compel and the Defendants motion for a Protective
Order, or (2) 90 days after the current fact discovery
deadline, May 31, 2024; and
(b) permitting the parties to submit a proposed revised
Scheduling
Order within 10 days of its ruling on the Pending motions.
Wynn Resorts is a developer and operator of high-end hotels and
casinos.
A copy of the Court's order dated March 26, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=VcqZEx at no extra
charge.[CC]
The Plaintiffs are represented by:
Andrew r. Muehlbauer, Esq.
MUEHLBAUER LAW OFFICE, LTD.
7915 West Sahara Avenue, Suite 104
Las Vegas, NV 89117
Telephone: (702) 330-4505
Facsimile: (702) 825-0141
E-mail: andrew@mlolegal.com
- and -
Jeremy A. Lieberman, Esq.
Murielle J. Steven Walsh, Esq.
Emily C. Finestone, Esq.
Elina Rakhlin, Esq.
POMERANTZ LLP
600 Third Avenue, 20th Floor
New York, NY 10016
Telephone: (212) 661-1100
Facsimile: (917) 463-1044
E-mail: jalieberman@pomlaw.com
mjsteven@pomlaw.com
efinestone@pomlaw.com
erakhlin@pomlaw.com
- and -
Phillip Kim, Esq.
Daniel Tyre-Karp, Esq.
THE ROSEN LAW FIRM, P.A.
275 Madison Ave., 40th Floor
New York, NY 10016
Telephone: (212) 686-1060
Facsimile: (212) 202-3827
E-mail: pkim@rosenlegal.com
dtyrekarp@rosenlegal.com
XTO ENERGY: Filing for Class Cert Bid Amended to August 23
----------------------------------------------------------
In the class action lawsuit captioned as DOUGLAS KRILEY and TINA
KRILEY, THOMAS A. MICHEL and CAROL L. MICHEL, GERALDINE C.
WIEFLING, and CHARLES E. WADDINGHAM II and CAROL G. WADDINGHAM, v.
XTO ENERGY INC., Case No. 2:20-cv-00416-CRE (W.D. Pa.), the Hon.
Judge Cynthia Eddy entered a 9th amended case management order as
follows:
1. The deadline for Defendant to depose Charles Waddingham II
and
Carol Waddingham and Douglas Kriley and Tina Kriley with
respect
to issues related to class certification shall be the close
of
expert depositions as set forth in Paragraph No. 2.
2. The deadlines for expert reports are as stated in the Eighth
Amended Case Management Order. Depositions of all experts
related to class certification shall be on or before July 12,
2024.
3. The parties shall complete the ADR process they selected by
Aug. 2, 2024. Discovery is not stayed pending completion of
ADR.
4. A post-ADR video status conference is scheduled for Aug. 7,
2024
At 11:00 a.m.
5. The Plaintiffs shall file their motion for class
certification,
memorandum in support and all supporting evidence on or
before
Aug. 23, 2024. The Defendant shall file its memorandum in
opposition to class certification and all supporting evidence
on
or before Sept. 30, 2024. The Plaintiffs' reply and all
supporting evidence shall be filed on or before Oct. 21,
2024.
XTO is involved with the production, processing, transportation,
and development of oil and natural gas resources.
A copy of the Court's order dated March 26, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=iyY3A9 at no extra
charge.[CC]
[*] Duane Morris Sponsors 8th Annual Class Action Conference
------------------------------------------------------------
Duane Morris LLP, an Am Law 100 firm, is a sponsor of the Class
Action Money & Ethics Conference this May.
Philadelphia, Pa.-based Duane Morris --
https://www.duanemorris.com/ -- was founded in 1904 and has more
than 900 attorneys in offices across the United States, Europe and
Asia. The firm’s practice areas include Business Reorganization
and Financial Restructuring; Corporate; Employment, Labor, Benefits
& Immigration; Health Law; Intellectual Property; International;
Private client Services; Real Estate; Trial; and Multidisciplinary
Groups.
Join Duane Morris and others at the 8th Annual Class Action Money &
Ethics Conference on May 6, 2024. Registration is now open.
This one-day event is also being sponsored by:
* Atticus Administration, LLC;
* Broadridge, a global Fintech company;
* Darrow.ai;
* Davis Wright Tremaine LLP, an Am Law 100 firm;
* Giftogram;
* Gordon Rees Scully Mansukhani, LLP;
* Hook Point;
* Levine Law, LLC;
* Miller Kaplan Arase LLP;
* Parabellum Capital LLC
* Simpluris; and
* Tremendous, a payouts platform
CAME 2024 will be held in-person at The Harmonie Club. To
register, visit https://www.classactionconference.com/
For sponsorship or speaking opportunities, please contact:
Will Etchison
Tel: 305-707-7493
E-mail: will@beardgroup.com
[*] Gordon Rees Sponsors 8th Annual Class Action Conference
-----------------------------------------------------------
Gordon Rees Scully Mansukhani, LLP is a sponsor of the Class Action
Money & Ethics Conference this May.
GRSM, a 1,200+ lawyer firm, is the first and only full-service law
firm in the country with offices in all 50 states. See
https://www.grsm.com/practices for the firm's diverse practice
areas.
Join GRSM and others at the 8th Annual Class Action Money & Ethics
Conference on May 6, 2024. Registration is now open. View
conference agenda at
https://www.classactionconference.com/agenda.html
This one-day event is also being sponsored by:
* Atticus Administration, LLC;
* Broadridge, a global Fintech company;
* Darrow.ai;
* Davis Wright Tremaine LLP, an Am Law 100 firm;
* Duane Morris LLP, an Am Law 100 firm;
* Giftogram;
* Hook Point;
* Levine Law, LLC;
* Miller Kaplan Arase LLP;
* Parabellum Capital LLC
* Simpluris; and
* Tremendous, a payouts platform
CAME 2024 will be held in-person at The Harmonie Club. To
register, visit https://www.classactionconference.com/
For sponsorship or speaking opportunities, please contact:
Will Etchison
Tel: 305-707-7493
E-mail: will@beardgroup.com
[*] Hook Point Sponsors 8th Annual Class Action Conference
----------------------------------------------------------
Hook Point, a viral consulting agency, is a sponsor of the Class
Action Money & Ethics Conference this May.
Hook Point -- https://www.hookpoint.com/ -- is an advertising
services company based in Austin, Texas. Hook Point helps brands
stand out, generating billions of views and millions of followers
on social media. It has worked with companies such as MTV, Viacom,
Vice Magazine, Taylor Swift, IKEA, Skechers, Paramount Pictures
to:
-- Generate 50+ billion views and hundreds of millions
of followers online;
-- Set international records for advertising and content
marketing campaigns;
-- Generate hundreds of millions in e-commerce revenue;
-- Elevate musicians, athletes, and influencers to become
global superstars;
-- Innovate and redefine marketing trends across multiple
industries;
-- Launch major motion pictures, leading to a billion in
revenue;
-- Secure partnerships with Fortune 100 corporations;
-- Save tens of millions in advertising spend; and
-- Raise millions in financing
Supercharge your brand's social media performance with Hook Point.
Join Hook Point and others at the 8th Annual Class Action Money &
Ethics Conference on May 6, 2024. Registration is now open. View
conference agenda at
https://www.classactionconference.com/agenda.html
This one-day event is also being sponsored by:
* Atticus Administration, LLC;
* Broadridge, a global Fintech company;
* Darrow.ai;
* Davis Wright Tremaine LLP, an Am Law 100 firm;
* Duane Morris LLP, an Am Law 100 firm;
* Giftogram;
* Gordon Rees Scully Mansukhani, LLP;
* Levine Law, LLC;
* Miller Kaplan Arase LLP;
* Parabellum Capital LLC;
* Simpluris; and
* Tremendous, a payouts platform
CAME 2024 will be held in-person at The Harmonie Club. To
register, visit https://www.classactionconference.com/
For sponsorship or speaking opportunities, please contact:
Will Etchison
Tel: 305-707-7493
E-mail: will@beardgroup.com
[*] Tremendous Sponsors 8th Annual Class Action Conference
----------------------------------------------------------
Tremendous, a payouts platform, is a sponsor of the Class Action
Money & Ethics Conference this May.
Tremendous -- https://www.tremendous.com/ -- is a payouts platform
that makes it easy for businesses to send money to people.
Tremendous offers recipients more than 2,000 choices from its
global catalog to get their funds how they want them, anywhere in
the world. Thousands of companies, such as Google, Visa, and
Harvard, use Tremendous to pay hundreds of millions of dollars in
employee gifts, research incentives, referral rewards, and much
more. If it isn't payroll, send it with Tremendous.
Join Tremendous and others at the 8th Annual Class Action Money &
Ethics Conference on May 6, 2024. Registration is now open. View
conference agenda at
https://www.classactionconference.com/agenda.html
This one-day event is also being sponsored by:
* Atticus Administration, LLC;
* Broadridge, a global Fintech company;
* Darrow.ai;
* Davis Wright Tremaine LLP, an Am Law 100 firm;
* Duane Morris LLP, an Am Law 100 firm;
* Giftogram;
* Gordon Rees Scully Mansukhani, LLP;
* Hook Point;
* Levine Law, LLC;
* Miller Kaplan Arase LLP;
* Parabellum Capital LLC; and
* Simpluris
CAME 2024 will be held in-person at The Harmonie Club. To
register, visit https://www.classactionconference.com/
For sponsorship or speaking opportunities, please contact:
Will Etchison
Tel: 305-707-7493
E-mail: will@beardgroup.com
*********
S U B S C R I P T I O N I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania,
USA, and Beard Group, Inc., Washington, D.C., USA. Rousel Elaine T.
Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L.
Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors.
Copyright 2024. All rights reserved. ISSN 1525-2272.
This material is copyrighted and any commercial use, resale or
publication in any form (including e-mail forwarding, electronic
re-mailing and photocopying) is strictly prohibited without prior
written permission of the publishers.
Information contained herein is obtained from sources believed to
be reliable, but is not guaranteed.
The CAR subscription rate is $775 for six months delivered via
e-mail. Additional e-mail subscriptions for members of the same
firm for the term of the initial subscription or balance thereof
are $25 each. For subscription information, contact
Peter A. Chapman at 215-945-7000.
*** End of Transmission ***