/raid1/www/Hosts/bankrupt/CAR

/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 ---------------------------------------------------------------- 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 ---------------------------------------------------------------- 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. ----------------------------------------------------------------- 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 ------------------------------------------------------------------ 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 ---------------------------------------------------------------- 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 --------------------------------------------------- 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. 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