/raid1/www/Hosts/bankrupt/CAR_Public/240501.mbx
C L A S S A C T I O N R E P O R T E R
Wednesday, May 1, 2024, Vol. 26, No. 88
Headlines
10 ROADS: Garcia Class Cert Bid Denied w/o Prejudice
3M COMPANY: Hill Suit Removed to N.D. Alabama
ADAMS COUNTY, CO: Seeks More Time to File Class Cert Bid Response
AHMED M. FATTOUH: Smith Suit Removed to D. Delaware
ALEJANDRO MAYORKAS: Seeks to Stay Consideration of Class Cert Bid
ALORICA INC: Filing for Class Cert Extended to Sept. 23
AMITY ONE DEBT: Lim Files TCPA Suit in D. New Jersey
ARAMARK SERVICES: Correa Suit Removed to N.D. California
AT&T INC: Walker Files Suit in E.D. California
AT&T INC: Williams Sues Over Unprotected Customers' Info
BANNER LIFE INSURANCE: Thompson Suit Removed to S.D. Illinois
BARCLAYS PLC: Filing for Class Cert Bid Due August 12
BARCLAYS PLC: Filing of Bid to Amend Due July 15
BENCHMARK SENIOR LIVING: Smith Files Suit in Mass. Super. Ct.
BIG HEART: Faces Zimmerman Suit Over Mislabeled Dog Snacks
BINANCE HOLDINGS: Lahav Suit Transferred to S.D. California
BINGHAMTON PRECAST: Class Cert Bid Referred to Judge Lovric
BIOGEN INC: Class Cert Briefing Stayed
BIOGEN INC: Plaintiffs Seek Stay of Class Cert Briefing
BOB'S RED: Court Narrows Claims in Hayden Suit
BORGES USA: Ronen Suit Removed to C.D. California
CAREMORE HEALTH: Buchignani Suit Removed to C.D. California
CHURCH OF JESUS CHRIST: Long Suit Transferred to D. Utah
CODY KERNS: Piteira Files Suit in Del. Chancery Ct.
COLORADO: Bid for Time Extension Referred to Magistrate Judge
CVS PHARMACY: Nitto Suit Transferred to E.D. New York
DANIEL WERFEL: Scheduling Conference Set for May 16
DAVID MENIANE: Penston Sues Over Breach of Fiduciary Duties
DIAMOND RESORTS: Court Certifies PVCOA Member Class in Zwicky Suit
E ANDRE CONSTRUCTION: Settlement Gets Initial Nod
EARLY WARNING: Hughes Files FCRA Suit in E.D. Virginia
EQUINOX HOLDINGS: Class Cert Hearing Continued to Oct. 21
ERNEST HEALTH: James Files Suit in N.D. Texas
ERNEST HEALTH: Martinez Files Suit in N.D. Texas
EUROMARKET DESIGNS: Williams Suit Removed to C.D. California
FANNIE MAE: Seeks Judgment in Preferred Stock Class Action
FCTI INC: Durkee Suit Transferred to D. Colorado
GEICO: Class Cert Bid in Fischer Suit Due Oct. 23
GLOBAL E-TRADING: Extension to File Class Cert Bid Partly OK'd
GOLDEN GATE BELL: Hernandez Files Suit in Cal. Super. Ct.
GPM INVESTMENTS: Siedel Files Suit in Mass. Super. Ct.
GRACO CHILDREN'S: Filing for Class Cert Bid Due Oct. 4
GREYLOCK MCKINNON: Gregel Files Suit in D. Massachusetts
GREYLOCK MCKINNON: McFadden Files Suit in D. Massachusetts
GUIDETOINSURE LLC: Court Junks Nichols Class Suit
H&M INTERMODAL: Villegas Suit Removed to E.D. California
HALO BRANDED: Chibazakura Files Suit in N.D. Illinois
HARD ROCK CAFE: King Suit Removed to E.D. California
HC CONCRETE: Avelar Has Until May 2 to File Class Cert Reply
HC CONCRETE: Plaintiffs Seek to Extend Class Cert Reply to May 23
HERC RENTALS: Class Cert Bid Filing in David Due Jan. 31, 2025
HOME DEPOT: Class Settlement in Liu Suit Gets Initial Nod
HOME DEPOT: Class Settlement in Liu Suit Gets Initial Nod
HP INC: Case Management Order Entered in Hutchins Class Action
IMMACULATE HOME: Wilson Sues Over Home Care Workers' Unpaid OT
INTUITIVE SURGICAL: Class Cert Bid Filing in LCH Modified to June 6
INTUITIVE SURGICAL: Class Cert Bid in SISC Modified to June 6
ISAAC OUAZANA: Bid to Certify Class in Layani Suit Tossed
JERSEY FIRESTOP: Class Cert Briefing in Achuela Suit Extended
JOHNSON & JOHNSON: Tuominen Suit Transferred to E.D. New York
KATMAI TECHNICAL: Class Cert Discovery Continued to July 30
KELLER WILLIAMS: Exnicios Files Suit in E.D. Louisiana
KOHL'S CORP: Bids to Certify & Decertify Classes Due Jan. 31, 2025
L&R DISTRIBUTORS: Ryhal Suit Removed to C.D. California
LEXINGTON COUNTY, SC: Pre-Certification Discovery Due June 18
LEXISNEXIS RISK: Parties Seek to Extend Reply Briefs to June 24
LEXISNEXIS RISK: Scroggins Seeks to Certify Class Claims
LEXISNEXIS RISK: Suit Seeks to Exclude Expert Witness Testimonies
LEXISNEXIS RISK: Suit Seeks to Seal Unredacted Class Cert Bid
LG ELECTRONICS: Hernandez Suit Seeks to Certify Rule 23 Class
LIME ROCK: Wins Bid to Strike Class Allegations in Colton Suit
LZ LOGISTICS: Amsden Seeks to Certify FLSA Collective Action
MARATHON PETROLEUM: Duhe Suit Seeks Class Certification
MARATHON PETROLEUM: Duhe Suit Seeks Class Certification
MARK CUBAN: Allowed Leave to File Exhibits Under Seal
MCMENAMINS INC: Class Cert Bids in Leonard Suit Amended to June 14
MIDLAND FUNDING: Class Cert. Bid in Filgueiras Tossed w/o Prejudice
MIDLAND FUNDING: Stromberg Class Cert. Bid Tossed w/o Prejudice
MIDLAND FUNDING: Stromberg Loses Class Cert Bid
MISSOULA COUNTY, MT: Gardner's Bid to Certify Class Tossed
MULTI-COLOR CORP: Figueroa Suit Removed to N.D. California
NATIONAL ASSOCIATION OF REALTORS: Umpa Seeks Deadline Extension
NEW DIRECTION: Nash Suit Removed to E.D. California
NEW YORK, NY: Cusimano Sues Over Unpaid Overtime Wages
NORDICTRACK INC: Case Deadlines in Barclay Stayed Until June 17
NOVA HOME: Filing of Class Cert Opposition in Savinova Due May 3
NUGS.NET ENTERPRISES: Discovery Schedule Entered in McKay Suit
OLLIE'S BARGAIN: Seeks to File Portions of Opposition Under Seal
OMNICELL INC: Garcia Suit Removed to N.D. California
ORCHARD TAYLOR: Espinal Sues Over Minimum, Overtime Wages
PANERA LLC: Tate Suit Removed to C.D. California
PENSKE TRUCK: Cabral's Bid to Vacate Class Cert. Deadline OK'd
PERMIAN RESOURCES: Foos Sues Over Fixing and Raising Price
PFIZER INC: Riccio Suit Transferred to E.D. New York
PLANTRONICS INC: Trubnikov, et al., Seek to Seal Documents
PREMIUM VELOCITY: Williams Seeks to Certify FLSA Collective Action
QUEST DIAGNOSTICS: Court Stays Sanchez Case
REBEL STORES INC: Robey Files TCPA Suit in C.D. California
RED BARN COFFEE: Desmosthenes Files Suit in Mass. Super. Ct.
REGULATORY DATACORP: Carr Seeks Class Certification
REGUS MANAGEMENT: Jara Suit Removed to N.D. California
RUSSELL INVESTMENT: Johnson Must File Reply by May 17
SAFE HAVEN SECURITY: Lukman Suit Removed to C.D. California
SANDUSKY, OH: Must Oppose Plaintiffs' Class Cert Bid by May 7
SCHUERGER CO: Fact Discovery in Timmerberg Due Dec. 16
SEWON AMERICA: Parties Seek More Time to File Class Cert Bid
SFR3 RENOVATION: Thayer Sues Over Unpaid OT, Untimely Wage Payment
SHAUN FERGUSON: Williams Suit Seeks to Certify Four Classes
SHEET METAL WORKERS: Campa Seeks Initial Nod of Class Settlement
SMI IMAGING LLC: Thomas Files Suit in Cal. Super. Ct.
SOUTHSTATE BANK: Fails to Safeguard Customers' Info, King Says
SOUTHSTATE BANK: Hart Files Suit in D. South Carolina
SPOKEO INC: Hearing on Class Cert Bid Reset to May 22
SPOKEO INC: Parties in Kellman Seek to Extend Class Cert Deadline
SPOTIFY USA: Kellyman Sues Over Illegal Debt Collection Practices
ST. DOMINIC: Boswell Seeks to Certify FLSA Collective Action
STRYKER CORPORATION: Graham Files Suit in Cal. Super. Ct.
SUEZ WATER: Bid to Strike in Nicholls Suit Granted in Part
TARGET CORP: O'Dea Sues Over Acne Treatment Products' False Ads
TERRY BARNARD: Judge's Final R&R Modified
TESLA INC: Filing for Class Cert Bid in Urban Due Jan. 31, 2025
TILLY'S INC: Dalton Files ADA Suit in D. Minnesota
TWITTER INC: Turkal Files Suit in Cal. Super. Ct.
UNI-FORM COMPONENTS: Underpays Production Supervisors, Tedder Says
UNITED STATES: Park Seeks More Time for Class Cert Bid Filing
UNIVERSITY OF PITTSBURGH: Fails to Pay Proper Wages, Sutter Says
UPS STORE: Ruling on Class Certification Stayed in McLaren Lawsuit
USA TODAY: Stevens FLSA Suit Seeks to Certify Site Manager Class
USD FUNDING: Court Tosses Plaintiff's Bid to Stay Class Suit
VANGUARD GROUP: Lardizabal Suit Transferred to E.D. Pennsylvania
VIVINT INC: Hughes Suit Removed to C.D. California
VIVINT SMART HOME: Berardini Suit Removed to C.D. California
VOLKSWAGEN GROUP: Ross Suit Removed to C.D. California
VOLUSIA COUNTY, FL: Powell Complaint Dismissed w/o Prejudice
WALDEN UNIVERSITY: Class Settlement in Carroll Gets Initial Nod
WALMART INC: Bid to File Initial OK of Settlement Due June 11
WATTS GUERRA LLP: Niekamp Suit Transferred to D. Kansas
WEIRTON MEDICAL: Mullins Files Suit in N.D. West Virginia
WELLS FARGO: Deadline to File Class Cert Bids in Ardalan Vacated
WELLS FARGO: Echard Suit Seeks to Certify Settlement Class
WHEATLEIGH CORP: Class Settlement in Mongue Suit Gets Final Nod
WILLIAM SCOTSMAN: Garcia Suit Removed to C.D. California
WORLD COURIER: Liebregt Suit Removed to C.D. California
WWS ACQUISITION LLC: Penaloza Files Suit in Cal. Super. Ct.
ZUVI INC: Order on Pretrial Management Entered in Reid Class Suit
*********
10 ROADS: Garcia Class Cert Bid Denied w/o Prejudice
-----------------------------------------------------
In the class action lawsuit captioned as Garcia v. 10 Roads
Express, LLC, Case No. 2:22-cv-02783 (E.D.N.Y., Filed May 12,
2022), the Hon. Judge Joan M. Azrack entered an order denying
motion to certify class without prejudice and with leave to renew.
-- The plaintiff's amended Complaint brings a single cause of
action
under New York Labor Law section 191(1)(a) for the Defendants'
alleged failure to pay timely wages.
-- The Court denies Plaintiff's motion to certify a Rule 23 class
without prejudice and with leave to renew, and stays this case
pending potential clarification of the applicable state law by
the
New York Court of Appeals.
-- A brewing department split within the New York Appellate
Division
exists as to whether there is a private right of action under
NYLL
section 191 to enforce New York's weekly pay requirements for
manual workers.
The nature of suit states Labor -- Diversity Citizenship.
10 Roads is a full service asset-based contract carrier that
specializes in the on-time delivery of time sensitive
materials.[CC]
3M COMPANY: Hill Suit Removed to N.D. Alabama
---------------------------------------------
The case captioned as Robert D. Hill, et al. v. 3M Company, et al.,
Case No. 01-CV-2024-901002.00 was removed from the Circuit Court
for the Tenth Judicial Circuit, Jefferson County, Alabama, to the
United States District Court for the Northern District of Alabama
on April 11, 2024, and assigned Case No. 2:24-cv-00459-MHH.
The Plaintiffs seek to hold 3M and certain other the Defendants
liable based on their alleged conduct in designing, manufacturing,
and/or selling aqueous film-forming foams ("AFFF") and/or
firefighter turnout gear ("TOG") that Plaintiffs allege were used
in firefighting activities, thereby causing injury to the
Plaintiffs.[BN]
The Plaintiff is represented by:
Gregory A. Cade, Esq.
Gary A. Anderson, Esq.
Kevin B. McKie, Esq.
ENVIRONMENTAL LITIGATION GROUP, P.C.
2160 Highland Avenue South
Birmingham, AL 35205
Phone: 205-328-9200
Facsimile: 205-328-9456
Email: gregc@elglaw.com
gary@elglaw.com
kmckie@elglaw.com
The Defendant is represented by:
M. Christian King, Esq.
Harlan I. Prater, IV, Esq.
W. Larkin Radney, IV, Esq.
Wesley B. Gilchrist, Esq.
LIGHTFOOT, FRANKLIN & WHITE, L.L.C.
The Clark Building
400 North 20th Street
Birmingham, AL 35203-3200
Phone: (205) 581-0700
Email: cking@lightfootlaw.com
hprater@lightfootlaw.com
lradney@lightfootlaw.com
wgilchrist@lightfootlaw.com
ADAMS COUNTY, CO: Seeks More Time to File Class Cert Bid Response
-----------------------------------------------------------------
In the class action lawsuit captioned as GREGORY CARL WIND, JR. v.
MICHAEL J. MCKINNEY (33312), ADAMS COUNTY, NATHAN MCDONALD (18543),
Case No. 1:23-cv-01011-PAB-MDB (D. Colo.), the Defendants ask the
Court to enter an order granting a 21-day extension of time in
which to respond to the Plaintiff's motion to certify class action,
up to and including May 10, 2024.
Mr. Wind commenced this action by filing his Complaint on April 21,
2023. Subsequently, pursuant to orders of the court, Mr. Wind filed
Amended Complaints on June 30, 2023, July 26, 2023, and Sept. 8,
2023.
On Apr. 16, 2024, Mr. Wind filed a Motion to Certify Class Action,
making the Adams County Defendants response due on April 19, 2024.
A copy of the Defendants' motion dated April 17, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=VHZs7I at no extra
charge.[CC]
The Defendants are represented by:
Kerri A. Booth, Esq.
ADAMS COUNTY GOVERNMENT
4430 S. Adams County Pkwy
5th Floor, Suite C5000B
Brighton, CO 80601
Telephone: (720) 523-6116
Facsimile: (720) 523-6114
E-mail: kbooth@adcogov.org
AHMED M. FATTOUH: Smith Suit Removed to D. Delaware
---------------------------------------------------
The case captioned as Louis Smith, individually, and on behalf of
the putative class v. AHMED M. FATTOUH, BRANDON BENTLEY, JEFFREY
HARRIS, PIETRO CINQUEGRANA, MATTHEW LUCKETT, ALAN PINTO, BRIAN Q.
PHAM, MINISH K. PATEL, INTERPRIVATE ACQUISITION MANAGEMENT LLC, AND
INTERPRIVATE LLC, Case No. 2024-0221-LWW was removed from the Court
of Chancery of the State of Delaware to the United States District
Court for the District of Delaware on April 16, 2024, and assigned
Case No. 1:24-cv-00484-UNA.
On March 7, 2024, Plaintiff filed a Complaint in the Court of
Chancery of the State of Delaware bringing claims against the
Individual Defendants for alleged breaches of their fiduciary
duties (Counts I-IV) and for unjust enrichment (Count V).[BN]
The Defendants are represented by:
D. McKinley Measley, Esq.
Phillip Reytan, Esq.
MORRIS, NICHOLS, ARSHT & TUNNELL LLP
1201 North Market Street
Wilmington, DE 19801
Phone: (302) 658-9200
ALEJANDRO MAYORKAS: Seeks to Stay Consideration of Class Cert Bid
-----------------------------------------------------------------
In the class action lawsuit captioned as ASHA MUSE MUHUMED, v.
ALEJANDRO MAYORKAS, in his official capacity as Secretary of the
U.S. Department of Homeland Security, Case No. 9:24-cv-00007-MJT
(E.D. Tex.), the Defendant asks the Court to enter an order to
stay, on a limited basis, its consideration of Plaintiff's motion
for class certification.
A copy of the Defendant's motion dated April 17, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=vVWOiD at no extra
charge.[CC]
The Defendant is represented by:
Christopher W. Hollis, Esq.
OFFICE OF IMMIGRATION LITIGATION
UNITED STATES DEPARTMENT OF JUSTICE
Washington, DC 20044
Telephone: (202) 305-0899
Facsimile: (202) 616-8962
E-mail: christopher.hollis@usdoj.gov
ALORICA INC: Filing for Class Cert Extended to Sept. 23
-------------------------------------------------------
In the class action lawsuit captioned as AARON MUNOZ, CYNDY
PANIAGUA, and MELISSA OLSEN, individually and as a representative
of a Putative Class of Participants and Beneficiaries, on behalf of
the ALORICA 401 (K) RETIREMENT PLAN, v. ALORICA, INC.; ALORICA
RETIREMENT SAVINGS PLAN COMMITTEE; LISA ADAMSHICK; JOYCE
TODD-GUERRA; CHRIS HYUN; ELIZABETH LAN PAN; EMILY KILGORE; RICK
HAYES; DEON STENNER; MATTHEW VONDETTE; DAN FINNEGAN; JAE CHANEY;
MORGAN STANLEY SMITH BARNEY, LLC; and DOES 1 through 50, Case No.
8:22-cv-01856-JWH-DFM (C.D. Cal.), the Hon. Judge John Holcomb
entered an order granting enlargement of time to
respond to second amended complaint:
1. The deadlines of MSSB Defendant and Alorica Defendants to
file
An answer or other responsive pleading in this matter is
extended up to and including May 20, 2024.
2. The deadline for Plaintiffs to file their Motion for Class
Certification is extended as follows:
a. Plaintiffs to file their motion by Sept. 23, 2024;
b. Defendants to file their responses by Oct. 28, 2024;
c. Plaintiffs to file their reply by Nov. 18, 2024; and
d. the hearing on Plaintiffs' motion for class certification
is
set for Dec. 10, 2024, at 10:00 a.m.
Alorica is a global leader in customer experience solutions.
A copy of the Court's order dated April 17, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=JpiR0G at no extra
charge.[CC]
AMITY ONE DEBT: Lim Files TCPA Suit in D. New Jersey
----------------------------------------------------
A class action lawsuit has been filed against Amity One Debt
Relief. The case is styled as Sydney Lim, on behalf of themselves
and all others similarly situated v. Amity One Debt Relief, Case
No. 2:24-cv-04778-MEF-AME (D.N.J., April 11, 2024).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Amity One Debt -- https://amityonedebt.com/ -- is here to help you
on your journey to achieve your dreams.[BN]
The Plaintiff is represented by:
Nicholas A. Moschella, Jr, Esq.
LAW OFFICE OF NICHOLAS A. MOSCHELLA, JR.
278 Brick Blvd
Brick, NJ 08723
Phone: (732) 451-2283
Fax: (732) 475-6082
Email: jah@moschellalaw.com
ARAMARK SERVICES: Correa Suit Removed to N.D. California
--------------------------------------------------------
The case captioned as Angel Correa, individually, and on behalf of
other members of the general public similarly situated v. ARAMARK
SERVICES, INC., a Delaware corporation; and DOES 1 through 50,
inclusive; Case No. 24CV431992 was removed from the Superior Court
of the State of California, County of Santa Clara, to the United
States District Court for the Northern District of California on
April 15, 2024, and assigned Case No. 5:24-cv-02223-VKD.
The Plaintiff alleges six causes of action for: Failure to Pay
Minimum and Overtime Wages; Failure to Provide Meal Periods;
Failure to Provide Rest Periods; Failure to Timely Pay Wages Upon
Termination; Failure to Provide Accurate Itemized Wage Statements;
and Unfair Business Practices.[BN]
The Defendants are represented by:
Sarah Zenewicz, Esq.
MORGAN, LEWIS & BOCKIUS LLP
One Market
Spear Street Tower
San Francisco, CA 94105-1596
Phone: +1.415.442.1000
Fax: +1.415.442.1001
Email: sarah.zenewicz@morganlewis.com
- and -
Michelle L. Quach, Esq.
MORGAN, LEWIS & BOCKIUS LLP
1400 Page Mill Road
Palo Alto, CA 94304
Phone: +1.650.843.4000
Fax: +1.650.843.4001
Email: michelle.quach@morganlewis.com
AT&T INC: Walker Files Suit in E.D. California
----------------------------------------------
A class action lawsuit has been filed against AT&T, Inc. The case
is styled as Aquelia Walker, on behalf of herself and all others
who are similarly situated v. AT&T, Inc., Case No. 1:24-at-00308
(E.D. Cal., April 11, 2024).
The nature of suit is stated as Other Fraud for Federal Trade
Commission Act.
AT&T Inc. -- https://www.att.com/ -- is an American multinational
telecommunications holding company.[BN]
The Plaintiffs are represented by:
Ann Heimberger Jernow, Esq.
STERLINGTON, PLLC
One World Trade Center, 85th Fl.
New York, NY 10007
Phone: (332) 910-5742
Email: ann.jernow@sterlingtonlaw.com
AT&T INC: Williams Sues Over Unprotected Customers' Info
--------------------------------------------------------
PAOLA WILLIAMS, on behalf of herself and all others similarly
situated, Plaintiff v. AT&T, INC., Defendant, Case No.
3:24-cv-00835-N (N.D. Tex., April 5, 2024) is a class action
against the Defendant for its failure to properly secure and
safeguard the sensitive information of its customers including
Plaintiff.
The Plaintiff's and Class Members' sensitive personal information
-- which they entrusted to Defendant on the mutual understanding
that Defendant would protect it against disclosure -- was targeted,
compromised and unlawfully accessed in a data breach. As a result
of the data breach, Plaintiff and Class Members have been exposed
to a heightened and imminent risk of fraud and identity theft. The
Plaintiff and Class Members must now and in the future closely
monitor their financial accounts to guard against identity theft,
says the suit.
Through this complaint, Plaintiff seeks to remedy these harms on
behalf of herself and all similarly situated individuals whose
personally identifiable information was accessed during the data
breach.
AT&T, Inc. is an American multinational telecommunications holding
company.[BN]
The Plaintiff is represented by:
Joe Kendall, Esq.
KENDALL LAW GROUP, PLLC
3811 Turtle Creek Blvd., Suite 825
Dallas, TX 75219
Telephone: (214) 744-3000
Facsimile: (214) 744-3015
E-mail: jkendall@kendalllawgroup.com
- and -
William "Billy" Peerce Howard, Esq.
Amanda J. Allen, Esq.
THE CONSUMER PROTECTION FIRM
401 East Jackson Street, Suite 2340
Truist Place
Tampa, FL 33602
Telephone: (813) 500-1500
E-mail: Billy@TheConsumerProtectionFirm.com
Amanda@TheConsumerProtectionFirm
BANNER LIFE INSURANCE: Thompson Suit Removed to S.D. Illinois
-------------------------------------------------------------
The case styled as Robert Thompson, individually and on behalf of
similarly situated individuals v. Banner Life Insurance Company,
Case No. 2023LA32 was removed from the Fourth Judicial Circuit,
Effingham County, to the U.S. District Court for the Southern
District of Illinois on April 12, 2024.
The District Court Clerk assigned Case No. 3:24-cv-01096-GCS to the
proceeding.
The nature of suit is stated as Other P.I. for Personal Injury.
Banner Life Insurance Company -- https://www.lgamerica.com/ --
operates as an insurance company. The Company provides life,
health, and disability insurance services.[BN]
The Plaintiff is represented by:
Andrew T. Heldut, Esq.
Jordan R. Frysinger, Esq.
Timothy Patrick Kingsbury, Esq.
MCGUIRE LAW, P.C.
55 W. Wacker Drive, 9th Floor
Chicago, IL 60601
Phone: (312) 893-7002
Email: aheldut@mcgpc.com
jfrysinger@mcgpc.com
tkingsbury@mcgpc.com
The Defendant is represented by:
Ambria Mahomes
FAEGRE DRINKER BIDDLE & REATH LLP
320 S. Canal St., Suite 3300
Chicago, IL 60606
Phone: (312) 569-1000
Fax: (312) 569-3000
Email: ambria.mahomes@faegredrinker.com
BARCLAYS PLC: Filing for Class Cert Bid Due August 12
-----------------------------------------------------
In the class action lawsuit re Barclays PLC Securities Litigation
Case No. 1:22-cv-08172-KPF (S.D.N.Y.), the Hon. Judge Katherine
Polk Failla entered a civil case management plan and scheduling
order as follows:
-- Initial disclosures pursuant to Fed. R. May 6, 2024
Civ. P. 26(a)(1) shall be completed no
later than:
-- All fact discovery shall be completed no Feb. 28,
2025
later than:
-- All expert discovery, including reports, June 30,
2025
production of underlying documents, and
depositions, shall be completed no later
than:
-- Plaintiff's motion for class certification Aug. 12,
2024
and supporting expert reports are due no
later than:
-- Defendants' opposition to class certification Oct. 12,
2024
and supporting expert reports are due no
later than:
-- Plaintiff's reply in support of class Nov. 26, 2024
certification is due no later than:
-- Defendant's sur-reply in opposition to class Dec. 23,
2024
certification on the issue of price impact
is due no later than:
A copy of the Court's order dated April 17, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=1fngoN at no extra
charge.[CC]
The Plaintiff is represented by:
Christine M. Fox, Esq.
James M. Fee, Esq.
LABATON SUCHAROW LLP
140 Broadway
New York, NY 10005
Telephone: (212) 907-0700
Facsimile: (212) 818-0477
E-mail: cfox@labaton.com
jfee@labaton.com
The Defendants are represented by:
Jeffrey T. Scott, Esq.
Matthew J. Porpora, Esq.
Julia A. Malkina, Esq.
SULLIVAN & CROMWELL LLP
125 Broad Street
New York, NY 10004
Telephone: (212) 558-4000
Facsimile: (212) 558-3588
E-mail: scottj@sullcrom.com
porporam@sullcrom.com
malkinaj@sullcrom.com
BARCLAYS PLC: Filing of Bid to Amend Due July 15
------------------------------------------------
In the class action lawsuit captioned re Barclays PLC Securities
Litigation, Case No. 1:22-cv-08172-KPF (S.D.N.Y.), the Hon. Judge
Katherine Polk Failla will issue the parties' joint case management
plan and scheduling order under separate cover.
-- The deadline for Plaintiff to file a motion to amend or
join additional parties is July 15, 2024.
-- The Plaintiff shall renew its request concerning the filing
of reply expert reports after the close of fact discovery.
-- The Defendants shall renew their request concerning the
filing of a sur-reply in connection with the anticipated
motion for cclass certification after the filing of Plaintiff's
reply.
A copy of the Court's order dated April 17, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=x3j6fy at no extra
charge.[CC]
u
The Plaintiff is represented by:
Christine M. Fox, Esq.
James M. Fee, Esq.
LABATON SUCHAROW LLP
140 Broadway
New York, NY 10005
Telephone: (212) 907-0700
Facsimile: (2120 818-0477
E-mail: cfox@labaton.com
jfee@labaton.com
The Defendants are represented by:
Jeffrey T. Scott, Esq.
Matthew J. Porpora, Esq.
Julia A. Malkina, Esq.
SULLIVAN & CROMWELL LLP
125 Broad Street
New York, NY 10004
Telephone: (212) 558-4000
Facsimile: (212) 558-3588
E-mail: scottj@sullcrom.com
porporam@sullcrom.com
malkinaj@sullcrom.com
BENCHMARK SENIOR LIVING: Smith Files Suit in Mass. Super. Ct.
-------------------------------------------------------------
A class action lawsuit has been filed against Benchmark Senior
Living, LLC. The case is styled as Sheria Smith, Dionne Greene,
individually and on behalf of all others similarly situated v.
Benchmark Senior Living, LLC, Case No. CGC24613939 (Mass. Super.
Ct., Hampden Cty., April 15, 2024).
The case type is stated as "Contract / Business."
Benchmark Senior Living communities --
https://www.benchmarkseniorliving.com/ -- offer residents award
winning assisted living, independent living, memory care, skilled
nursing & respite care.[BN]
The Plaintiff is represented by:
Raymond Dinsmore, Esq.
Ryan B. Guers, Esq.
Richard E. Hayber, Esq.
HAYBER, MCKENNA AND DINSMORE, LLC
One Monarch Place, Suite 1340
Springfield, MA 01144
BIG HEART: Faces Zimmerman Suit Over Mislabeled Dog Snacks
----------------------------------------------------------
MARGOT ZIMMERMAN, individually and on behalf of all others
similarly situated, Plaintiff v. BIG HEART PET BRANDS INC.,
Defendant, Case No. 1:24-cv-02609-OEM-RML (E.D.N.Y., April 7, 2024)
arises from the Defendant's false advertising, unfair acts, and
deceptive practices of its Pup-Peroni brand dog snacks in violation
of the New York General Business Law.
According to the complaint, the product is "misbranded" because
describing its predominant ingredient as "Real Beef" "is false or
misleading," because it is not "real beef" as understood by
consumers, but feed grade beef. For feed grade beef, the quality of
starting material is lower than for human grade beef, says the
suit.
As a result of the false and misleading representations, the
product is sold at a premium price, approximately $3.29 for 2.5 oz,
with higher or lower prices based on the size of the packaging,
excluding tax and sales, higher than similar products, represented
in a non-misleading way, and higher than it would be sold for
absent the misleading representations and omissions, the suit
asserts.
Big Heart Pet Brands Inc. is a producer, distributor and marketer
of branded pet products for the U.S. retail market.[BN]
The Plaintiff is represented by:
Spencer Sheehan, Esq.
SHEEHAN & ASSOCIATES P.C.
60 Cuttermill Rd., Ste 412
Great, Neck NY 11021
Telephone: (516) 268-7080
E-mail: spencer@spencersheehan.com
BINANCE HOLDINGS: Lahav Suit Transferred to S.D. California
-----------------------------------------------------------
The case styled as Nir Lahav, on behalf of himself and all others
similarly situated, Petitioner v. Binance Holdings Limited, BAM
Trading Services Inc., BAM Management US Holdings Inc., Changpeng
Zhao, Case No. 3:23-cv-05038 was transferred from the U.S. District
Court for the Northern District of California, to the U.S. District
Court for the Southern District of California on April 15, 2024.
The District Court Clerk assigned Case No. 3:24-cv-00679-TWR-KSC to
the proceeding.
The nature of suit is stated as Securities/Commodities for
Securities & Exchange Commission.
Binance Holdings Ltd., branded Binance --
https://www.binance.com/en-NZ/ is a global company that operates
the largest cryptocurrency exchange in terms of daily trading
volume of cryptocurrencies.[BN]
The Petitioner is represented by:
Curtis Edward Smolar, Esq.
BOCHNER PLLC
450 Townsend Street, Ste. 100
San Francisco, CA 94107
Phone: (415) 364-8435
- and -
Timothy Devlin, Esq.
DEVLIN LAW FIRM LLC
1526 Gilpin Avenue
Wilmington, DE 19806
Phone: (302) 449-9010
Fax: (302) 353-4251
- and -
Deepali A. Brahmbhatt, Esq.
SHEPPARD MULLIN HAMPTON AND RICHTER LLC
379 Lytton Avenue
Palo Alto, CA 94301
Phone: (650) 815-2604
Fax: (650) 815-2601
Email: dbrahmbhatt@sheppardmullin.com
The Respondents are represented by:
Daniel John Tyukody, Esq.
Alex Linhardt, Esq.
GREENBERG TRAURIG, P.A
1840 Century Park East, Suite 1900
Los Angeles, CA 90067-2121
Phone: (310) 586-7700
Fax: (310) 586-7800
- and -
Adam Michael Foslid, Esq.
Daniel Tramel Stabile, Esq.
WINSTON & STRAWN LLP
200 S. Biscayne Boulevard, Suite 2400
Miami, FL 33131
Phone: (305) 910-0646
Fax: (305) 910-0505
- and -
Jeffrey Steinfeld, Esq.
WINSTON & STRAWN/CHICAGO
333 South Grand Avenue, Ste. 38th Floor
Los Angeles, CA 90071
Phone: (213) 615-1960
Fax: (213) 615-1750
- and -
Thania Charmani, Esq.
WINSTON & STRAWN LLP
200 Park Avenue
New York, NY 10166
Phone: (212) 294-4659
Fax: (212) 294-4700
BINGHAMTON PRECAST: Class Cert Bid Referred to Judge Lovric
-----------------------------------------------------------
In the class action lawsuit captioned as Shara v. Binghamton
Precast & Supply Corp. et al., Case No. 3:23-cv-00135 (N.D.N.Y.,
Filed Jan. 30, 2023), the Hon. Judge Lawrence E. Kahn entered an
order referring Plaintiff's motion to certify class to the Hon.
Miroslav Lovric, for a report and recommendation.
The suit alleges violation of the Fair Labor Standards Act (FLSA)
involving collection of unpaid wages.
Binghamton specializes in manufacturing of precast concrete
products.[CC]
BIOGEN INC: Class Cert Briefing Stayed
--------------------------------------
In the class action lawsuit captioned as Shash, et al., v. Biogen
Inc. et al., Case No. 1:21-cv-10479 (D. Mass., Filed March 19,
2021), the Hon. Judge Indira Talwani entered an order confirming
that class certification briefing is stayed during the pendency of
Defendants' motion for judgment on the pleadings.
The suit alleges violation of the Securities Exchange Act.
Biogen is an American multinational biotechnology company
specializing in the discovery, development, and delivery of
therapies for the treatment of neurological diseases.[CC]
BIOGEN INC: Plaintiffs Seek Stay of Class Cert Briefing
--------------------------------------------------------
In the class action lawsuit captioned as NADIA SHASH and AMJAD KHAN
Individually and On Behalf of All Others Similarly Situated, v.
BIOGEN INC., MICHEL VOUNATSOS, ALFRED W. SANDROCK, JR., and
SAMANTHA BUDD-HAEBERLEIN, Case No. 1:21-cv-10479-IT (D. Mass.), the
Plaintiffs ask the Court to enter an order confirming that class
certification briefing is stayed pending the resolution of
Defendants' motion for judgment on the pleadings.
The Plaintiffs file this motion for an order confirming that the
Court's order staying discovery, also suspended the deadline for
Plaintiffs to file a motion for class certification. Defendants'
position is that the deadline to file a motion for class
certification is already suspended and no further order is
required.
On Jan. 24, 2024, the Court issued a scheduling order stating that
Plaintiffs' deadline for filing their opening class certification
brief was April 26, 2024.
On Feb. 5, 2024, the Defendants filed a Motion for Judgment on the
Pleadings. Concurrently with that motion, Defendants filed a Motion
to Enforce Discovery Stay, contending that 15 U.S.C. section
78u-4(b)(3)(B) (the "PSLRA Stay Provision") mandated that "all
discovery and other proceedings shall be stayed" during the
pendency of their Motion for Judgment on the Pleadings.
On April 2, 2024, the Court granted Defendants' motion to enforce
discovery stay, holding the PSLRA Stay Provision applied to
Defendants' Motion for Judgment on the Pleadings and that "all
discovery" was stayed during the pendency of that motion.
Biogen is an American multinational biotechnology company
specializing in the discovery, development, and delivery of
therapies for the treatment of neurological diseases.
A copy of the Plaintiffs' motion dated April 16, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=dZP79p at no extra
charge.[CC]
The Plaintiffs are represented by:
Laurence M. Rosen, Esq.
Jonathan Horne, Esq.
Brian B. Alexander, Esq.
Joshua Baker, Esq.
Sara Fuks, Esq.
THE ROSEN LAW FIRM, P.A.
275 Madison Avenue, 40th Floor
New York, NY 100016
Telephone: (212) 686-1060
Facsimile: (212) 202-3827
E-mail: lrosen@rosenlegal.com
jhorne@rosenlegal.com
balexander@rosenlegal.com
jbaker@rosenlegal.com
sfuks@rosenlegal.com
BOB'S RED: Court Narrows Claims in Hayden Suit
----------------------------------------------
In the class action lawsuit captioned as MARK HAYDEN, v. BOB'S RED
MILL NATURAL FOODS, INC., Case No. 4:23-cv-03862-HSG (N.D. Cal.),
the Hon. Judge Haywood Gilliam, Jr. entered an order:
-- granting in part and denying in part the Defendant's motion to
dismiss, and
-- granting in part and denying in part the associated requests
for
judicial notice.
Since the Court cannot conclude that amendment would be futile,
however, dismissal is with leave to amend. Any amended complaint is
due within 21 days of this order.
The Court further sets a telephonic case management conference on
June 18, 2024, at 2:00 p.m, and directs the parties to submit a
joint case management statement by June 11, 2024.
On Aug. 1, 2023, the Plaintiff Hayden filed a putative class action
complaint against the Defendant concerning its allegedly
deceptive marketing of its Whole Ground Flaxseed Meal and Golden
Flaxseed Meal, in both nonorganic and organic varieties.
Specifically, the Plaintiff alleges that the Products' front label
contains representations such as "To Your Good Health,"
"You Can See Our Quality," "Non-GMO," and “Gluten Free.”
Bob's produces whole grain and gluten-free foods.
A copy of the Court's order dated April 16, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=GUvyUc at no extra
charge.[CC]
BORGES USA: Ronen Suit Removed to C.D. California
-------------------------------------------------
The case captioned as Einav Ronen, individually and on behalf of
all other similarly situated v. BORGES USA, INC. d/b/a CARA MIA
PRODUCTS, Case No. 24STCV06165 was removed from the Superior Court
of the State of California for the County of Los Angeles, to the
United States District Court for the Central District of California
on April 12, 2024, and assigned Case No. 2:24-cv-03028-CBM-E.
In his complaint, Plaintiff alleges that Defendant mislabels and
advertises its CARA MIA artichoke hearts in water (the "Products")
as being "sugar free" when those Products actually contain two
grams of sugar per serving. The Complaint purports to allege causes
of action against Defendant for supposed violations of California
Business and Professions Code (the Unfair Competition Law ("UCL"))
and (the False Advertising Law ("FAL")).[BN]
The Defendants are represented by:
William P. Cole, Esq.
Matthew R. Orr, Esq.
Richard L. Hyde, Esq.
AMIN TALATI WASSERMAN, LLP
515 South Flower St., 18th Floor
Los Angeles, CA 90071
Phone: (213) 933-2330
Fax: (312) 884-7352
Email: william@amintalati.com
matt@amintalati.com
richard@amintalati.com
CAREMORE HEALTH: Buchignani Suit Removed to C.D. California
-----------------------------------------------------------
The case captioned as Lani Buchignani, on behalf of herself and all
others similarly situated, and on behalf of the general public v.
CAREMORE HEALTH PLAN, a California Corporation, CAREMORE HEALTH
PLAN OF CA AN AFFILIATE OF ELEVANCE OF HEALTH, INC., a California
Corporation, ELEVANCE HEALTH, INC., an Indiana Corporation, THE
ELEVANCE HEALTH COMPANIES OF CALIFORNIA, INC., a California
Corporation, and DOES 1-10, inclusive, Case No. 24STCV05555 was
removed from the Superior Court of California, County of Los
Angeles, to the United States District Court for the Central
District of California on April 12, 2024, and assigned Case No.
2:24-cv-03017.
The Plaintiff alleges wage and hour claims on behalf of herself and
a putative class, which Plaintiff generally defines as "All current
and former California employees of Defendants since the date 4 year
prior to the filing of this complaint."[BN]
The Defendants are represented by:
Brian Long, Esq.
SEYFARTH SHAW LLP
601 S. Figueroa Street, Suite 3300
Los Angeles, CA 90017
Phone: (213) 270-9600
Facsimile: (213) 270-9601
Email: blong@seyfarth.com
- and -
Reiko Furuta, Esq.
2029 Century Park East, Suite 3500
Los Angeles, CA 90067-3021
Phone: (310) 277-7200
Facsimile: (310) 201-5219
Email: rfuruta@seyfarth.com
- and -
Lilah Wylde, Esq.
560 Mission Street, 31st Floor
San Francisco, California 94105
Phone: (415) 397-2823
Facsimile: (415) 397-8549
Email: lwylde@seyfarth.com
CHURCH OF JESUS CHRIST: Long Suit Transferred to D. Utah
--------------------------------------------------------
The case styled as Joel Long, individually and on behalf of all
others similarly situated v. Corporation of the President of the
Church of Jesus Christ of Latter-Day Saints, Ensign Peak Advisors,
Inc., Case No. 3:23-cv-03950 was transferred from the U.S. District
Court for the Southern District of Illinois, to the U.S. District
Court for the District of Utah on April 12, 2024.
The District Court Clerk assigned Case No. 2:24-cv-00269-RJS to the
proceeding.
The nature of suit is stated as Other Fraud for Contract Default.
The Church of Jesus Christ of Latter-day Saints, informally known
as the LDS Church or Mormon Church, is a restorationist,
nontrinitarian Christian denomination that is the largest
denomination in the Latter Day Saint movement.[BN]
CODY KERNS: Piteira Files Suit in Del. Chancery Ct.
---------------------------------------------------
A class action lawsuit has been filed against CODY KERNS, et al.
The case is styled as George Piteira and Alexander Swab,
individually and on behalf of all others similarly situated v. CODY
KERNS, JUSTIN FREISHTAT, SERGIO TROCONIS, CDK FUND I, LP, CDK
CAPITAL PARTNERS I, LLC, KERNS CAPITAL MANAGEMENT, LLC, KERNS
CAPITAL MANAGEMENT, INC., CDK FUND I SPV, LLC, CBIG LAW, PC,
HEARTLAND FOODS CORP, and ESSENTIAL FUND SERVICES INTERNATIONAL,
LLC, Case No. 2024-0390-MTZ (Del. Chancery Ct., April 12, 2024).
The case type is stated as "Breach of Fiduciary Duties."
Cody Kerns is a resident of the State of Florida and/or State
of Tennessee and is the founder of CDK Capital Partners I,
LLC.[BN]
The Plaintiff is represented by:
Robert J. Kriner, Jr., Esq.
Scott M. Tucker, Esq.
CHIMICLES SCHWARTZ KRINER & DONALDSON-SMITH LLP
2711 Centerville Road, Suite 201
Wilmington, DE 19808
Email: rjk@chimicles.com
smt@chimicles.com
COLORADO: Bid for Time Extension Referred to Magistrate Judge
-------------------------------------------------------------
In the class action lawsuit captioned as Wind v. Colorado
Department of Corrections, et al., Case No. 1:23-cv-01011 (D.
Colo., Filed April 21, 2023), the Hon. Judge Philip A. Brimmer
entered a memorandum regarding motion for extension of time to file
response / reply as to motion to certify class filed by Michael J.
McKinney, Adams County.
-- The Motion referred to Mag. Judge Maritza Dominguez Braswell.
The nature of suit states Prisoner Civil Rights.[CC]
CVS PHARMACY: Nitto Suit Transferred to E.D. New York
-----------------------------------------------------
The case styled as Rhonda Nitto, Donald Krist, on behalf of herself
and all others similarly situated v. CVS Pharmacy, Inc., Case No.
1:23-cv-13998 was transferred from the U.S. District Court for the
Northern District of Illinois, to the U.S. District Court for the
Eastern District of New York on April 12, 2024.
The District Court Clerk assigned Case No. 1:24-cv-02748-BMC to the
proceeding.
The nature of suit is stated as Fraud or Truth-In-Lending for
Account Receivable.
CVS Pharmacy, Inc. -- https://www.cvs.com/ -- is an American retail
corporation.[BN]
The Plaintiff is represented by:
Gary M. Klinger, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
227 W. Monroe Street, Suite 2100
Chicago, IL 60606
Phone: (866) 252-0878
Email: gklinger@milberg.com
- and -
Nick Suciu III, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
6905 Telegraph Rd., Suite 115
Bloomfield Hills, MI 48301
Phone: (313) 303-3472
Email: nsuciu@milberg.com
- and -
Jeff Ostrow, Esq.
Jonathan M. Streisfeld, Esq.
Kristen Lake Cardoso, Esq.
Daniel Tropin, Esq.
Kenneth Grunfeld, Esq.
KOPELOWITZ OSTROW P.A.
One West Las Olas Blvd., Suite 500
Fort Lauderdale, FL 33301
Phone: (954) 525-4100
Email: ostrow@kolawyers.com
streisfeld@kolawyers.com
cardoso@kolawyers.com
tropin@kolawyers.com
- and -
Melissa S. Weiner, Esq.
Ryan J. Gott, Esq.
PEARSON WARSHAW, LLP
328 Barry Avenue South, Suite 200
Wayzata, MN 55391
Phone: (612) 389-0600
Email: mweiner@pwfirm.com
rgott@pwfirm.com
- and -
Erin Ruben, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC
900 W. Morgan Street
Raleigh, NC 27603
Phone: (919) 600-5000
Email: eruben@milberg.com
- and -
J. Hunter Bryson, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
405 E 50th Street
New York, NY 10022
Phone: (630) 796-0903
Email: hbryson@milberg.com
- and -
Karl Amelchenko, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
900 W. Morgan Street
Raleigh, NC 27603
Phone: (919) 600-5000
Email: kamelchenko@milberg.com
- and -
Jimmy Mintz, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
201 Sevilla Ave., 2nd Floor
Coral Gables, FL 33134
Phone: (786) 876-8200
Email: jmintz@milberg.com
The Defendants are represented by:
Gregory Edward Ostfeld, Esq.
GREENBERG TRAURIG, LLP
77 W. Wacker Drive, Suite 3100
Chicago, IL 60601
Phone: (312) 476-5056
Email: ostfeldg@gtlaw.com
DANIEL WERFEL: Scheduling Conference Set for May 16
---------------------------------------------------
In the class action lawsuit captioned as SOUTHERN CALIFORNIA
EMERGENCY MEDICINE, INC., v. DANIEL WERFEL, et al., Case No.
5:23-cv-02450-FMO-DTB (C.D. Cal.), the Hon. Judge Fernando Olguin
entered an order setting scheduling conference as follows:
1. Counsel for the parties shall attend a scheduling conference
on
May 16, 2024, at 10:00 AM, in Courtroom 6D of the 1st Street
Courthouse.
2. No later than May 2, 2024, counsel for all appearing parties,
and all unrepresented appearing parties, if any, shall file a
Joint Rule 26(f) Report.
A copy of the Court's order dated April 16, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=zL5uX0 at no extra
charge.[CC]
DAVID MENIANE: Penston Sues Over Breach of Fiduciary Duties
-----------------------------------------------------------
Eoghan Penston, on behalf of himself and all others similarly
situated v. DAVID MENIANE, WARREN B. PHELPS III, HENRY MAIER, LISA
COSTA, NANXI LU, JAY K. GREYSON, JIM BARNES, and ANA DUTRA,
Defendants, and CARPARTS.COM, INC., Nominal Defendant, Case No.
2024-0397- (Del. Chancery Ct., April 15, 2024), is brought against
the Defendants breached of their fiduciary duties.
Over the last three years, CarParts has lost millions of dollars
and its stock price has fallen over 90%. Relatedly, the Company has
incurred significant operating losses, generating significant net
operating loss carryforwards ("NOLs") that could be used to offset
future taxes if the Company generates a profit. During this time,
the Company has attracted activist investors, including Kanen1 and
Cannell. In the face of a disgruntled stockholder base, the Board
determined to entrench itself rather than focus on improving the
Company's operations.
On April 5, 2024, the Board adopted an overly broad stockholder
rights plan (or "poison pill") with a 5% trigger (the "NOL Pill").
Defendants' public statements justify the NOL Pill as necessary to
defend the value of the Company's NOLs from being limited due to an
"ownership change" within the meaning of Section 382 of the
Internal Revenue Code. Section 382 defines "ownership change"
solely by reference to changes in shares owned by stockholders who
have "economic ownership" of 5% or more of the corporation (which,
in turn, the IRS defines as the right to receive dividends or the
proceeds from a sale). An agreement amongst stockholders that does
not effect a change in "economic ownership" cannot pose any risk to
the Company's NOLs.
The NOL Pill, however, uses a sweeping definition of "beneficial
ownership" that would aggregate shares based on agreements,
arrangements, or understandings ("AAUs") that pertain solely to
voting--something that has no effect on "economic ownership" under
the Internal Revenue Code and would pose zero risk to the NOLs. The
NOL Pill even goes so far as to aggregate shares based on an AAU
that pertains solely to a vote on whether to ratify the pill
itself--a question that stockholders will be asked to answer at the
2024 annual meeting that will take place on May 23, 2024.
The dramatic lack of fit between Defendants' means and their
purported ends strongly suggests that their stated rationale is
pretextual. And even if the threat were not pretextual, the
overbroad features of the NOL Pill are an unreasonable response to
the threat. By adopting the NOL Pill, the Director Defendants
breached their fiduciary duties under Unocal, says the complaint.
The Plaintiff is a CarParts stockholder and has owned shares of
CarParts common stock.
David Meniane has served as the CEO and a director of the Company
since 2022.[BN]
The Plaintiff is represented by:
Ned Weinberger, Esq.
LABATON KELLER SUCHAROW LLP
222 Delaware Ave., Suite 1510
Wilmington, DE 19801
Phone: (302) 573-2540
Email: nweinberger@labaton.com
DIAMOND RESORTS: Court Certifies PVCOA Member Class in Zwicky Suit
------------------------------------------------------------------
In the class action lawsuit captioned as Norman Zwicky, et al., v.
Diamond Resorts Incorporated, et al., Case No. 2:20-cv-02322-DJH
(D. Ariz.), the Hon. Judge Diane J. Humetewa entered an order
that:
-- Class Members
The lawsuit is certified under Federal Rules of Civil Procedure
23(a) and (b)(3) as a class action on behalf of:
"all current and former members of the Premiere Vacation
Collection Owners Association (PVCOA), who were assessed
Assessments for any Calendar year(s) from 2011 through and
including 2022, excluding ILX Acquisition and any entity that
received any bulk transfer/assignment of ILX Acquisition's Bulk
Membership in the PVCOA."
Excluded from the Class are Diamond Resorts International,
Inc.,
Diamond Resorts Management, Inc., their parents, subsidiaries,
successors, affiliates, current officers and directors and all
judges assigned to the Action and their immediate family
members.
The Class Period is July 31, 2010 through October 5, 2023 (the
date of notice to the Class).
-- Class Representative Appointments
The Court certifies Plaintiffs Norman Zwicky, George Abarca,
Vikki
Osborn, and Elizabeth Stryks-Shaw as Class Representatives
under
Federal Rule of Civil Procedure 23.
Class Counsel Appointments
The Court certifies Jon L. Phelps, Robert Moore, and Jennie
Tetreault of Phelps & Moore PLLC; and Edward L. Barry of Law
Office of Edward L. Barry as Class Counsel for the Class
Members
under Federal Rule of Civil Procedure 23.
-- Settlement Administrator Appointment: The Court appoints JND
Legal
Administration as the third-party Settlement Administrator
under
the Settlement
-- Agreement Terms
The Settlement Agreement and Release, which is on file in this
case, shall be deemed incorporated herein, and the proposed
settlement set forth in the Agreement is finally approved and
shall be consummated in accordance with the terms and
provisions
thereof, except as amended by any order issued by this Court.
The material terms of the Settlement Agreement and Release
include, but are not limited to, thefollowing:
a. Within 30 days of the issuance of this Order, the Corporate
Defendants shall deposit the remaining $12,925,000
Settlement
Funds into the Escrow Account;
b. Within five days of the Effective Date, the Settlement
Administrator shall make the following payments from the
Settlement Fund:
(1) Class Representatives’ service awards -- $10,000 to
Norman
Zwicky and $1,500 each to George Abarca, Vikki Osborn,
and
Elizabeth Stryks-Shaw—to compensate them for their
unique
services in initiating and maintaining this litigation;
and
(2) Class Counsel's reasonable attorneys' fees of $3,250,000
and
reasonable costs of $22,335.45.
c. Within 30 days of the Effective Date, the Settlement
Administrator shall distribute the Settlement Fund pro rata
to
the Class Members based on the total dollar amount of
assessments each Class Member was assessed for calendar
years
2011 through and including 2022. The checks to Class Members
shall be distributed as provided for in the Agreement.
d. The Settlement Administrator shall then redistribute any
funds
that remain 180 days after the Class Member's checks are
mailed
due to unclaimed checks to the Class Members who accepted
their
share of the initial distribution on a pro rata basis.
Diamond provides travel and tourism services.
A copy of the Court's order dated April 16, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=zXRpgt at no extra
charge.[CC]
E ANDRE CONSTRUCTION: Settlement Gets Initial Nod
-------------------------------------------------
In the class action lawsuit captioned as ADILSON DE OLIVEIRA,
individually and on behalf of all other persons similarly situated
who were employed by the Defendants, v. v. E ANDRE CONSTRUCTION
SERVICES INC et al., aka E ANDRE CONSTRUCTION SERVICES, LLC, MEKY
PAYROLL SERVICES, and/or any other entities affiliated with,
controlling, or controlled by E ANDRE CONSTRUCTION SERVICES INC.,
aka E ANDRE CONSTRUCTION SERVICES, LLC, MEKY PAYROLL SERVICES,
EDWARD ANDRE, individually, and ELANA MATOS, individually, Case No.
3:22-cv-06330-TJB (D.N.J.), the Hon. Judge Tonianne Bongiovanni
entered an order:
-- granting preliminary approval of the settlement;
-- certifying the Class for purposes of settlement only:
"all individuals who worked for the Defendants as masons,
labors,
or other construction related for the Defendants between Jan.
1,
2019 through Dec. 31, 2023."
-- approving distribution of the proposed notice, and
-- implementing the schedule proposed by the parties for
effectuating
the other terms of the Settlement Agreement.
E Andre is a concrete and masonry contractor.
A copy of the Court's order dated April 17, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=kcX8ag at no extra
charge.[CC]
EARLY WARNING: Hughes Files FCRA Suit in E.D. Virginia
------------------------------------------------------
A class action lawsuit has been filed against Early Warning
Services, LLC. The case is styled as Lloyd Hughes, Jr., for himself
and all other similarly situated individuals v. Early Warning
Services, LLC, Case No. 4:24-cv-00060-EWH-DEM (E.D. Va., April 15,
2024).
The lawsuit is brought over alleged violation of the Fair Credit
Reporting Act.
Early Warning Services, LLC -- https://www.earlywarning.com/ -- is
a fintech company owned by seven of the country's largest
banks.[BN]
The Plaintiff is represented by:
Craig Carley Marchiando, Esq.
Leonard Anthony Bennett, Esq.
CONSUMER LITIGATION ASSOCIATES
763 J. Clyde Morris Blvd., Suite 1-A
Newport News, VA 23601
Phone: (757) 930-3660
Email: craig@clalegal.com
lenbennett@clalegal.com
EQUINOX HOLDINGS: Class Cert Hearing Continued to Oct. 21
---------------------------------------------------------
In the class action lawsuit captioned as JASON ROTHMAN,
Individually and on Behalf of All Others Similarly Situated, v.
EQUINOX HOLDINGS, INC. and DOES 1 through 100, inclusive, Case No.
2:20-cv-09760-CAS-MRW (C.D. Cal.), the Hon. Judge Christina Snyder
entered an order granting joint motion and stipulation to adjust
schedule of class certification motion.
1. The parties will engage in mediation on or before Sept. 25,
2024.
2. The hearing of the Class Certification Motion is continued to
Oct. 21, 2024, at 10:00 A.M. The Court sets the following
briefing: Opposition shall be filed on or before Oct. 4,
2024,
and a Reply shall be filed on or before Oct. 11, 2024.
On Jan. 18, 2024, the Plaintiff filed his Motion for Class
Certification, Appointment of Class Representative, and Class
Counsel.
The Defendant's opposition to the certification motion is currently
due April 30, Plaintiff's reply is due June 14, and the hearing is
noticed for June 24.
Equinox is an American luxury fitness company and health club.
A copy of the Court's order dated April 17, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=TD7daa at no extra
charge.[CC]
ERNEST HEALTH: James Files Suit in N.D. Texas
---------------------------------------------
A class action lawsuit has been filed against Ernest Health, Inc.
The case is styled as Renita James, individually and on behalf of
all others similarly situated v. Ernest Health, Inc., Case No.
5:24-cv-00095-C (N.D. Tex., April 12, 2024).
The nature of suit is stated as Other Contract for Declaratory
Judgment.
Ernest Health -- https://ernesthealth.com/ -- is a network of
rehabilitation and long-term acute care hospitals.[BN]
The Plaintiff is represented by:
Bruce William Steckler, Esq.
Paul D Stickney, Esq.
STECKLER WAYNE CHERRY & LOVE PLLC
12720 Hillcrest Rd., Suite 1045
Dallas, TX 75230
Phone: (972) 387-4040
Fax: (972) 387-4041
Email: bruce@swclaw.com
judgestick@gmail.com
ERNEST HEALTH: Martinez Files Suit in N.D. Texas
------------------------------------------------
A class action lawsuit has been filed against Ernest Health, Inc.
The case is styled as Marky Martinez, individually and on behalf of
all others similarly situated v. Ernest Health, Inc., Case No.
3:24-cv-00923-N (N.D. Tex., April 15, 2024).
The nature of suit is stated as Other Contract for Breach of
Contract.
Ernest Health -- https://ernesthealth.com/ -- is a network of
rehabilitation and long-term acute care hospitals.[BN]
The Plaintiffs are represented by:
Joe Kendall, Esq.
KENDALL LAW GROUP
3811 Turtle Creek Blvd., Suite 825
Dallas, TX 75219
Phone: (214) 744-3000
Fax: (214) 744-3015
Email: jkendall@kendalllawgroup.com
EUROMARKET DESIGNS: Williams Suit Removed to C.D. California
------------------------------------------------------------
The case captioned as Nicole A. Williams, individually and on
behalf of others similarly situated v. EUROMARKET DESIGNS, INC. DBA
CB2 AND CRATE & BARREL AND CRATE & KIDS AND HUDSON GRACE; and DOES
1 through 25, inclusive, Case No. 24STCV01463 was removed from the
Superior Court of the State of California for the County of Los
Angeles, to the United States District Court for the Central
District of California on April 11, 2024, and assigned Case No.
2:24-cv-02932.
The Complaint asserts the following causes of action: Minimum
Wages; Unpaid Overtime; Meal Break Violations; Rest Break
Violations; Wages Not Timely Paid During Employment; Wage Statement
Violations; Untimely Final Wages; Failure to Reimburse Necessary
Business Expenses; and Violation of Cal. Business & Professions
Code and Violation of Cal. Laboe Code.[BN]
The Defendants are represented by:
Ellen M. Bronchetti, Esq.
GREENBERG TRAURIG, LLP
12760 High Bluff Drive, Suite 240
San Diego, CA 92130
Phone: (619) 848-2523
Facsimile: (949) 732-6501
Email: ellen.bronchetti@gtlaw.com
- and -
Tayanah C. Miller, Esq.
GREENBERG TRAURIG, LLP
101 Second Street, Suite 2200
San Francisco, CA 94105
Phone: (415) 655-1300
Facsimile: (415) 707-2010
Email: millerta@gtlaw.com
- and -
Bailey A. Hashim, Esq.
GREENBERG TRAURIG, LLP
400 Capitol Mall, Suite 2400
Sacramento, CA 95814
Phone: (916) 442-1111
Facsimile: (916) 448-1709
Email: bailey.hashim@gtlaw.com
FANNIE MAE: Seeks Judgment in Preferred Stock Class Action
-----------------------------------------------------------
In the class action lawsuit captioned as IN RE: FANNIE MAE/FREDDIE
MAC SENIOR PREFERRED STOCK PURCHASE AGREEMENT CLASS ACTION
LITIGATIONS, Case No. 1:13-mc-01288-RCL (D.D.C.), the Defendants
ask the Court to enter an order for judgment as a matter of law.
The case is one of a series of lawsuits brought by the Plaintiffs
and others challenging steps the Federal Housing Finance Agency
("FHFA"), in its special role as Conservator, successfully took to
protect the public by ensuring the viability of Fannie Mae and
Freddie Mac and, by extension, the US housing market.
A copy of the Defendants' motion dated April 17, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=hQh3fk at no extra
charge.[CC]
The Defendants are represented by:
Asim Varma, Esq.
Jonathan L. Stern, Esq.
David B. Bergman, Esq.
Ian S. Hoffman, Esq.
R. Stanton Jones, Esq.
ARNOLD & PORTER KAYE SCHOLER LLP
601 Massachusetts Ave. NW
Washington, DC 20001
Telephone: (202) 942-5000
E-mail: Asim.Varma@arnoldporter.com
Jonathan.Stern@arnoldporter.com
David.Bergman@arnoldporter.com
Ian.Hoffman@arnoldporter.com
Stanton.Jones@arnoldporter.com
- and -
Michael J. Ciatti, Esq.
KING & SPALDING LLP
1700 Pennsylvania Ave. N.W.
Washington, DC 20006
Telephone: (202) 661-7828
Facsimile: (202) 626-3737
E-mail: mciatti@kslaw.com
- and -
Meaghan VerGow, Esq.
O'MELVENY & MYERS LLP
1625 Eye Street, N.W.
Washington, DC 20006
Telephone: (202) 383-5300
Facsimile: (202) 383-5414
E-mail: mvergow@omm.com
FCTI INC: Durkee Suit Transferred to D. Colorado
------------------------------------------------
The case styled as Andrea Durkee, individually on behalf of herself
and all others similarly situated v. FCTI, Inc., Case No.
2:23-cv-2537-FMO-KS was transferred from the U.S. District Court
for the Central District of California, to the U.S. District Court
for the District of Colorado on April 15, 2024.
The District Court Clerk assigned Case No. 1:24-mc-00036-PAB to the
proceeding.
The nature of suit is stated as Civil Miscellaneous Case.
FCTI -- https://fcti.com/ -- provides cash and account access to
consumers through our convenient, nationwide ATM network.[BN]
GEICO: Class Cert Bid in Fischer Suit Due Oct. 23
-------------------------------------------------
In the class action lawsuit captioned as Fischer et al v.
Government Employees Insurance Company (GEICO), Case No.
2:23-cv-02848 (E.D.N.Y., Filed April 17, 2023), the Hon. Judge Gary
R. Brown entered an order that if the Plaintiffs do not move for
class certification after the close of Phase One, any party
planning on making a dispositive motion must take the first step in
the motion process by either:
(i) October 23, 2024; or
(ii) within four months following the close of any conditional
Fair Labor Standards Act (FLSA) collective action opt-in
notice period, whichever is later, or risk forfeiting the
right to make such a motion.
The suit alleges violation of the Fair Labor Standards Act (FLSA).
Government Employees is an American auto insurance company.[CC]
GLOBAL E-TRADING: Extension to File Class Cert Bid Partly OK'd
--------------------------------------------------------------
In the class action lawsuit captioned as Sihler, et al., v. Global
e-Trading, LLC, et al., Case No. 8:23-cv-01450 (M.D. Fla., Filed
June 28, 2023 ), the Hon. Judge Virginia M Hernandez Cov entered an
order granting in part and denying in part the joint motion to
extend the deadline to move for class certification.
-- The pendency of motions does not establish good cause for the
extension of other deadlines set by the Case Management and
Scheduling Order.
-- Nevertheless, to allow Plaintiffs more time to prepare their
motion for class certification, the Court will extend the
deadline
to May 10, 2024.
The suit alleges violation of the Racketeering (RICO) Act.[CC]
GOLDEN GATE BELL: Hernandez Files Suit in Cal. Super. Ct.
---------------------------------------------------------
A class action lawsuit has been filed against Golden Gate Bell,
LLC, et al. The case is styled as Berta L. Hernandez, on behalf of
herself and others similarly situated v. Golden Gate Bell, LLC,
Case No. 24CV071640 (Cal. Super. Ct., Alameda Cty., April 11,
2024).
The case type is stated as "Other Employment Complaint Case."
Golden Gate Bell, LLC operates as an investment holding
company.[BN]
The Plaintiff is represented by:
Joseph Lavi, Esq.
LAVI & EBRAHIMIAN, LLP
8889 W Olympic Blvd., Ste. 200
Beverly Hills, CA 90211-3638
Phone: 310-432-0000
Fax: 310-432-0001
Email: jlavi@lelawfirm.com
GPM INVESTMENTS: Siedel Files Suit in Mass. Super. Ct.
------------------------------------------------------
A class action lawsuit has been filed against GPM Investments, LLC.
The case is styled as Crystal Siedel, Cynthia Wagner, on behalf of
Herself and all other similarly situated v. GPM Investments, LLC,
Case No. 2479CV00200 (Mass. Super. Ct., Hampden Cty., April 11,
2024).
The case type is stated as "Contract / Business."
GPM Investments LLC -- https://www.gpminvestments.com/ -- is a
convenience store owner and operator based in Richmond,
Virginia.[BN]
The Plaintiff is represented by:
Raymond Dinsmore, Esq.
Ryan B. Guers, Esq.
HAYBER, MCKENNA AND DINSMORE, LLC
One Monarch Place, Suite 1340
Springfield, MA 01144
GRACO CHILDREN'S: Filing for Class Cert Bid Due Oct. 4
------------------------------------------------------
In the class action lawsuit captioned as KELLIE CARDER et al., on
behalf of themselves and all others similarly situated, v. GRACO
CHILDREN'S PRODUCTS, INC., Case No. 2:20-cv-00137-LMM (N.D. Ga.),
the Hon. Judge Leigh Martin May entered a scheduling order as
follows:
Event Deadline
Opening Expert Reports [issues on which June 10, 2024
party bears burden of proof]:
Responsive Expert Reports [issues on July 26, 2024
which party does not bear burden of proof]:
Close of Expert Discovery: Aug. 30, 2024
Motions for Class Certification, Oct. 4, 2024
Motions for Summary Judgment, and
Daubert Motions Opening Briefs:
Class Certification, Summary Judgment, Nov. 2, 2024
and Daubert Motions Responsive Briefs:
Class Certification, Summary Judgment, Nov. 16, 2024
and Daubert Motions Reply Briefs
Hearing on Class Certification, Summary To be scheduled at
Judgment, and Daubert Motions convenience of the
Court, if
necessary
Graco manufactures and sells juvenile products for babies.
A copy of the Court's order dated April 15, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=KDYBYA at no extra
charge.[CC]
GREYLOCK MCKINNON: Gregel Files Suit in D. Massachusetts
--------------------------------------------------------
A class action lawsuit has been filed against Greylock McKinnon
Associates, Inc. The case is styled as Mary Gregel, individually
and on behalf of all others similarly situated v. Greylock McKinnon
Associates, Inc., Case No. 1:24-cv-10946-DJC (D. Mass., April 11,
2024).
The nature of suit is stated as Other Personal Property for
-Property Damage.
Greylock McKinnon Associates (GMA) -- https://www.gma-us.com/ --
provides expert economic analysis and litigation support to a
diverse group of domestic and international clients.[BN]
The Plaintiff is represented by:
Christina Xenides, Esq.
SIRI & GLIMSTAD LLP
745 Fifth Avenue, Suite 500
New York, NY 10151
Phone: (212) 532-1091
Email: cxenides@sirillp.com
GREYLOCK MCKINNON: McFadden Files Suit in D. Massachusetts
----------------------------------------------------------
A class action lawsuit has been filed against Greylock McKinnon
Associates, Inc. The case is styled as Theresa McFadden,
individually and on behalf of all others similarly situated v.
Greylock McKinnon Associates, Inc., Case No. 1:24-cv-10960-DJC (D.
Mass., April 12, 2024).
The nature of suit is stated as Other Personal Property for
Property Damage.
Greylock McKinnon Associates (GMA) -- https://www.gma-us.com/ --
provides expert economic analysis and litigation support to a
diverse group of domestic and international clients.[BN]
The Plaintiff is represented by:
Christina Xenides, Esq.
SIRI & GLIMSTAD LLP
1005 Congress Avenue, Suite 925-C36
Austin, TX 78701
Phone: (512) 265-5622
Email: cxenides@sirillp.com
GUIDETOINSURE LLC: Court Junks Nichols Class Suit
-------------------------------------------------
In the class action lawsuit captioned as TERRI LEE NICHOLS, v.
GUIDETOINSURE, LLC, Case No. 5:23-cv-04920-PCP (N.D. Cal.), the
Hon. Judge P. Casey Pitts entered an order granting Guidetoinsure's
motion to dismiss for lack of personal jurisdiction.
Because the evidence establishes that Guidetoinsure made calls to
Nichols at a non-California phone number and was not aware of the
California IP address associated with the online submission of her
contact information, the Court cannot conclude that Guidetoinsure
ever engaged in conduct that Guidetoinsure expressly aimed at
California and knew would cause harm there.
Plaintiff Terri Lee Nichols alleges in this class action lawsuit
that defendant Guidetoinsure, LLC unlawfully telemarketed its
insurance services by making prerecorded robocalls and contacting
numbers on the National Do No Call Registry. Nichols claims that
Guidetoinsure called her with the same prerecorded message four
times in 2022—on April 26, May 2, May 6, and May 12. She asserts
violations of the Telephone Consumer Protection Act (TCPA), on
behalf of both a Robocall Class and a National Do Not Call Registry
Class. Nichols requests injunctive relief, treble statutory
damages, and class certification.
A copy of the Court's order dated April 15, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=WAZc7e at no extra
charge.[CC]
H&M INTERMODAL: Villegas Suit Removed to E.D. California
--------------------------------------------------------
The case captioned as Jaime Villegas, on behalf of himself and all
other similarly situated persons v. H&M INTERMODAL SERVICES and ABC
CORPS. 1-10 and JOHN/JANE DOES 1-10, Case No. ESX-L-005159-23 was
removed from the Superior Court of New Jersey for Essex County, to
the United States District Court for the Eastern District of
California on April 12, 2024, and assigned Case No. 2:24-cv-04902.
The Plaintiff asserts on behalf of the putative class that
Defendant misclassified Plaintiff and the putative class members as
independent contractors. As a result of this purported
misclassification, Plaintiff alleges that Defendant made improper
deductions from the putative class members' wages in violation of
the New Jersey Wage Payment Law ("NJWPL"), and failed to pay
minimum and overtime wages, in violation of the New Jersey Wage and
Hour Law ("NJWHL"). The Plaintiffs seek to recover all unpaid
minimum and overtime wages, plus "treble and/or liquidated
damages," "pre-judgment and post-judgment interest, and reasonable
attorneys' fees."[BN]
The Defendants are represented by:
Matthew J. Hank, Esq.
Dimitrios T. Markos, Esq.
Christine Agbelese, Esq.
LITTLER MENDELSON, P.C.
Three Parkway
1601 Cherry Street, Suite 1400
Philadelphia, PA 19102.1321
Phone: (267) 402-3000
Fax: (267) 402-3131
Email: mhank@littler.com
dmarkos@littler.com
cagbelese@littler.com
HALO BRANDED: Chibazakura Files Suit in N.D. Illinois
-----------------------------------------------------
A class action lawsuit has been filed against Halo Branded
Solutions, Inc. The case is styled as Kei Chibazakura, on behalf of
himself and all others similarly situated v. Halo Branded
Solutions, Inc., Case No. 3:24-cv-50147 (N.D. Ill., April 15,
2024).
The nature of suit is stated as Other Contract.
HALO Branded Solutions -- https://halo.com/ -- helps our clients
capture the attention of their most important audiences to increase
brand awareness.[BN]
The Plaintiff is represented by:
Andrew Shamis, Esq.
SHAMIS & GENTILE, PA
14 NE 1st Ave., Suite 705
Miami, FL 33132
Phone: (305) 479-2299
Email: ashamis@shamisgentile.com
HARD ROCK CAFE: King Suit Removed to E.D. California
----------------------------------------------------
The case captioned as Christina King, individually and on behalf of
all others similarly situated v. HARD ROCK CAFE INTERNATIONAL
(USA), INC., Case No. 24STCV004071 was removed from the Superior
Court of the State of California, County of Sacramento, to the
United States District Court for the Eastern District of California
on April 12, 2024, and assigned Case No. 2:24-at-00458.
This case is brought by Plaintiff as a proposed class action for
damages and penalties under the California Invasion of Privacy Act
("CIPA"), ostensibly on behalf of Plaintiff and other putative
class members. In the Complaint, Plaintiff brings two claims
arising from Hard Rock's alleged use of Facebook's Business Tools
on www.hardrockhotels.com. First, Plaintiff alleges that Hard Rock
violated Section 631(a) when it purportedly "aided, agreed with,
employed, permitted, or otherwise enabled Facebook to wiretap
Plaintiff and Class Members using Facebook's Business Tools" to
"promote and improve Facebook's advertising platform" without
Plaintiff's or putative class members' consent. Second, Plaintiff
alleges that Hard Rock violated Section 632 because Facebook's
Business Tools are allegedly a "recording device" that was
impermissibly used to "eavesdrop" on Plaintiff's "confidential"
information; specifically, she alleges that her "guest record" on
www.hardrockhotels.com is "confidential."[BN]
The Defendants are represented by:
Randall W Edwards, Esq.
O'MELVENY & MYERS LLP
Two Embarcadero Center, 28th Floor
San Francisco, CA 94111
Phone: (415) 984-8700
Facsimile: (415) 984-8701
Email: redwards@omm.com
- and -
Scott Pink, Esq.
O'MELVENY & MYERS LLP
2765 Sand Hill Road,
Menlo Park, CA 94025
Phone: (650) 273-2600
Facsimile: (650) 273-2601
Email: spink@omm.com
HC CONCRETE: Avelar Has Until May 2 to File Class Cert Reply
------------------------------------------------------------
In the class action lawsuit captioned as LUIS AVELAR and MATEO
GOMEZ, individually and on behalf of all similarly-situated
persons, v. HC CONCRETE CONSTRUCTION GROUP, LLC, AND JON HARRIS,
Case No. 3:22-cv-00292 (M.D. Tenn.), the Court entered an order
granting the Plaintiffs motion to extend reply deadline to the
plaintiffs' motion for class certification.
-- The Reply is to be filed by May 2, 2024.
The Plaintiffs filed this collective action pursuant to the FLSA on
behalf of themselves and all current and former hourly-paid
construction workers who worked for HC Concrete, and who were
H&C specializes in foundations, pile caps, foundation walls, slab
on grade, and cast in place columns/walls.
A copy of the Plaintiffs' motion dated April 16, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=O2kmcA at no extra
charge.[CC]
HC CONCRETE: Plaintiffs Seek to Extend Class Cert Reply to May 23
-----------------------------------------------------------------
In the class action lawsuit captioned as LUIS AVELAR and MATEO
GOMEZ, individually and on behalf of all similarly-situated
persons, v. HC CONCRETE CONSTRUCTION GROUP, LLC, AND JON HARRIS,
Case No. 3:22-cv-00292 (M.D. Tenn.), the Plaintiffs ask the Court
to enter an order extending the reply deadline to Plaintiffs'
motion for class certification from April 18, 2024, to May 23,
2024.
The Plaintiffs served their initial set of discovery on June 30,
2022, which included requests for information and documents
encompassing the very documents that the Defendants have produced
almost two years later on April 3, April 10 and April 11, 2024.
The Defendants offer no explanation as to why these documents were
not produced with their original responses on Aug. 15, 2022, after
the Court's Order granting conditional certification on Dec. 22,
2022, at any point in 2023 or well in advance of class
certification briefing.
The Plaintiffs need additional time to review the recently produced
documents and address any deficiencies with the Defendants.
Likewise, many of the issues identified in the Plaintiffs' Feb. 27,
2024, letter remain unresolved, and the Plaintiffs need additional
time to confer with Defendants to hopefully reach an agreement as
to the issues raised, and if not, to seek intervention from the
Court.
The Plaintiffs' counsel have conferred with the Defendants'
counsel, who oppose the Plaintiffs' motion.
The Plaintiffs filed this collective action pursuant to the FLSA on
behalf of themselves and all current and former hourly-paid
construction workers who worked for HC Concrete, and who were
classified as "independent contractors" at any time since April 22,
2019.
On March 7, 2024, the Plaintiffs filed their Motion for Class
Certification, supporting Memorandum and exhibits.
H&C specializes in foundations, pile caps, foundation walls, slab
on grade, and cast in place columns/walls.
A copy of the Plaintiffs' motion dated April 15, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=EDpE6k at no extra
charge.[CC]
The Plaintiffs are represented by:
M. Reid Estes, Jr., Esq.
Martin D. Holmes, Esq.
Autumn L. Gentry, Esq.
DICKINSON WRIGHT PLLC
Fifth Third Center, Suite 800
424 Church Street
Nashville, TN 37219
Telephone: (615) 244-6538
Facsimile (844) 670-6009
E-mail: restes@dickinsonwright.com
mdholmes@dickinsonwright.com
agentry@dickinsonwright.com
HERC RENTALS: Class Cert Bid Filing in David Due Jan. 31, 2025
--------------------------------------------------------------
In the class action lawsuit captioned as JEREMY DAVID, individually
and on behalf of all others similarly situated, v. HERC RENTALS
INC., a foreign corporation; HERC RENTALS EMPLOYEE SERVICES LLC, a
foreign limited liability company; and DOES 1-20,Case No.
2:24-cv-00175-BJR (W.D. Wash.), the Hon. Judge Barbara J.
Rothstein, entered an order setting the following deadlines and
briefing schedule:
Deadline Date
Joinder of Parties Deadline May 14, 2024
Amended Pleadings May 24, 2024
Deadline to complete discovery on class Dec. 31, 2024
certification (not to be construed as a
bifurcation of discovery)
Deadline for Plaintiffs to file Motion Jan. 31, 2025
for Class Certification
Deadline for Defendants to file Response Feb. 28, 2025
to Motion for Class Certification
Deadline for Plaintiffs to file Reply in March 14, 2025
Support of Motion for Class Certification
Herc is a full-scale, full-service equipment rental firm.
A copy of the Court's order dated April 16, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=AcId0j at no extra
charge.[CC]
HOME DEPOT: Class Settlement in Liu Suit Gets Initial Nod
----------------------------------------------------------
In the class action lawsuit captioned as TRACEY LIU, et al., v.
HOME DEPOT USA, INC., Case No. 2:23-cv-01217-JLR (W.D. Wash.), the
Hon. Judge James Robart entered an order granting the Plaintiffs'
unopposed motion for preliminary approval of class settlement as
follows:
1. The following settlement class is certified for purposes of
settlement pursuant to Rules 23(a) and 23(b)(3):
"All persons who, while in the State of California, purchased
one or more products advertised as being subject to a
purported
discount on Defendant's websites Blinds.com, JustBlinds.com,
and
AmericanBlinds.com from January 26, 2020, to December 5, 2023
("California Settlement Subclass"); and
"All persons who, while in the State of Washington, purchased
one or more products advertised as being subject to a
purported
discount on Defendant's websites Blinds.com, JustBlinds.com,
and
AmericanBlinds.com from August 9, 2019, to December 5, 2023
("Washington Settlement Subclass").
2. The attorneys of Dovel & Luner, LLP are appointed class
counsel
for the purpose of settlement.
3. The Plaintiffs are appointed class representatives for the
settlement class. Ms. Liu is appointed class representative
for
the Washington Settlement Subclass and Ms. Rudham is
appointed
class representative for the California Settlement Subclass.
4. The court finds that the notice plan is reasonably calculated
to
apprise the settlement class members of the pendency of this
action, the terms of the amended settlement agreement, and
their
rights to object to and exclude themselves from the class.
Therefore, the notice plan is approved.
5. Simpluris Inc. is appointed as the settlement administrator
to
implement the terms of the amended settlement agreement,
implement the notice plan, and issue notice.
6. The claims process is approved. Class members shall have 90
days from the date when notice is first issued to file a
claim
for a cash benefit.
7. The court will consider the awards of attorneys' fees,
costs,
and incentive awards at the final approval stage, after
briefing is complete.
8. The following deadlines shall govern proceedings through the
final approval hearing:
Event Date
Notice Deadline: May 17, 2024
Fees Motion Deadline (filed and posted May 31, 2024
on settlement website):
Objection/Exclusion Deadline: July 16, 2024
Claim Form Submission Deadline: Aug. 15, 2024
Final Approval Motion Deadline: Aug. 30, 2024
Deadline to Respond to Objections: Aug. 30, 2024
Final Approval Hearing: Sept. 30, 2024
Having reviewed the motion, the amended
Home Depot is an American multinational home improvement retail
corporation that sells tools, construction products, appliances,
and services, including fuel and transportation rentals.
A copy of the Court's order dated April 16, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=MzKeO3 at no extra
charge.[CC]
HOME DEPOT: Class Settlement in Liu Suit Gets Initial Nod
---------------------------------------------------------
In the class action lawsuit captioned as TRACEY LIU and KRISTIE
RUDHAM, each individually and on behalf of all others similarly
situated, v. HOME DEPOT U.S.A., INC., Case No. 2:23-cv-01217-JLR
(W.D. Wash.), the Plaintiffs ask the Court to enter an order:
1. Granting preliminary approval of the proposed class action
settlement set forth in the Settlement Agreement, attached as
Exhibit 1;
2. Preliminarily certifying, for settlement purposes only, a
settlement class that is comprised of:
"All persons who, while in the state of California, purchased
one or more products advertised as being subject to a
purported
discount on Defendant's websites Blinds.com, JustBlinds.com,
and
AmericanBlinds.com from Jan. 26, 2020, to Dec. 5, 2023
("California Settlement Subclass")"; and
"All persons who, while in the State of Washington, purchased
one or more products advertised as being subject to a
purported
discount on the Defendant's websites Blinds.com,
JustBlinds.com,
and AmericanBlinds.com from Aug. 9, 2019, to Dec. 5, 2023
("Washington Settlement Subclass")."
3. Preliminarily appointing Plaintiffs Tracey Liu and Kristie
Rudham as Class Representatives for settlement purposes;
4. Preliminarily appointing Dovel & Luner, LLP as Class
Counsel;
5. Preliminarily finding that the terms of the Settlement are
fair,
reasonable and adequate, and comply with Rule 23(e) of the
Federal Rules of Civil Procedure;
6. Approving that the proposed Notice Plan complies with the
requirements of Rule 23 and due process, and that the Notice
is
to be sent to the Settlement Class Members as set forth in
the
Settlement Agreement and pursuant to the deadlines in the
Agreement.
The Plaintiffs allege that when they made their purchases,
Defendant's website was advertising limited-time, percent-off
discounts. But, the Plaintiffs allege, the Defendant "always offers
discounts off the list
prices it advertises," and, as a result, "the Products are never
sold at the purported regular prices, and the sales are not limited
in time." So, the Plaintiffs allege, the Defendant's advertised
discounts
were not real discounts, and were instead false and misleading.
Ms. Rudham originally filed her case in the United States District
Court for the Southern District of California on Jan. 26, 2023.
The Plaintiffs both purchased window coverings from the Defendant
for use in their homes.
The Defendant sells custom blinds and shades through its websites,
Blinds.com, AmericanBlinds.com, and JustBlinds.com.
A copy of the Plaintiffs' motion dated April 15, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=Q8HKc6 at no extra
charge.[CC]
The Plaintiffs are represented by:
Simon C. Franzini, Esq.
Grace Bennett, Esq.
DOVEL & LUNER, LLP
201 Santa Monica Blvd., Suite 600
Santa Monica, CA 90401
Telephone: (310) 656-7066
Facsimile: (310) 656-7069
E-mail: simon@dovel.com
grace@dovel.com
- and -
Wright A. Noel, Esq.
CARSON & NOEL, PLLC
20 Sixth Ave. NE
Issaquah WA 98027
Telephone: (425) 395-7786
Facsimile: (425) 837-5396
E-mail: wright@carsonnoel.com
HP INC: Case Management Order Entered in Hutchins Class Action
---------------------------------------------------------------
In the class action lawsuit captioned as PAUL HUTCHINS, v. HP INC.,
et al., Case No. 5:23-cv-05875-BLF (N.D. Cal.), the Hon. Judge Beth
Labson Freeman entered a case management order as follows:
The Court orders as follows:
(1) The presumptive limits on discovery set forth in the Federal
Rules of Civil Procedure shall apply to this case unless
otherwise ordered by the Court.
(2) The deadline for joinder of any additional parties, or other
amendments to the pleadings, is 60 days after entry of this
order unless stated otherwise below.
(3) The deadline for the parties to meet, confer, and submit a
stipulation and order setting all deadlines not set by the
Court, including discovery cut-offs and expert disclosure
deadlines, is April 26, 2024.
(4) All disputes with respect to disclosures or discovery are
referred to the assigned Magistrate Judge.
Event Date or Deadline
Last Day File Motion Class Feb. 7, 2025
Certification:
Last Day to Hear Dispositive Motions: Dec. 18, 2025 at 9:00
AM
Final Pretrial Conference: Mar. 19, 2026 at 1:30
PM
Trial: Apr. 13, 2026 at 9:00
AM
HP is an American multinational information technology company.
A copy of the Court's order dated April 12, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=d1FNXM at no extra
charge.[CC]
IMMACULATE HOME: Wilson Sues Over Home Care Workers' Unpaid OT
--------------------------------------------------------------
LAKEESHA WILSON, on behalf of herself and similarly situated
employees, Plaintiff v. IMMACULATE HOME HEALTHCARE AGENCY LLC,
Defendant, Case No. 2:24-cv-01439 (E.D. Pa., April 5, 2024) seeks
all available relief under the Fair Labor Standards Act and the
Pennsylvania Minimum Wage Act due to Defendant's failure to pay
Plaintiff and other collective members the equivalent of their
regular pay rate for hours worked over 40 in a week.
The Plaintiff was employed by Defendant as a home care worker
during the three-year period relevant to this lawsuit.
Immaculate Home Healthcare Agency LLC owns and operates a business
that provides home health care services to clients in southeastern
Pennsylvania.[BN]
The Plaintiff is represented by:
Peter Winebrake, Esq.
Deirdre Aaron, Esq.
WINEBRAKE & SANTILLO, LLC
715 Twining Road, Suite 211
Dresher, PA 19025
Telephone: (215) 884-2491
E-mail: daaron@winebrakelaw.com
INTUITIVE SURGICAL: Class Cert Bid Filing in LCH Modified to June 6
-------------------------------------------------------------------
In the class action lawsuit captioned as LARKIN COMMUNITY HOSPITAL
v. Intuitive Surgical Inc. (RE: DA VINCI SURGICAL ROBOT ANTITRUST
LITIGATION), Case No. 3:21-cv-03825-AMO (N.D. Cal.), the Hon. Judge
Araceli Martinez-Olguin entered an order modify the class
certification briefing schedule and setting case management
conference and statement deadlines:
Event Proposed Date
Case Management Statement: May 23, 2024
Case Management Conference: May 30, 2024
Deadline to file motion for class June 6, 2024
Certification:
Deadline to file opposition to motion July 23, 2024
for class certification:
Deadline to file reply in support of Aug. 27, 2024
motion for class certification:
Class certification hearing: Oct. 10, 2024
A copy of the Court's order dated April 15, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=oXOyP4 at no extra
charge.[CC]
The Plaintiffs are represented by:
Jeannine M. Kenney, Esq.
Samuel Maida, Esq.
Gary I. Smith, Jr., Esq.
Reena A. Gambhir, Esq.
HAUSFELD LLP
600 Montgomery Street, Suite
3200 San Francisco, CA 94111
Telephone: (415) 633-1908
Facsimile: (415) 358-4980
E-mail: jkenney@hausfeld.com
smaida@hausfeld.com
gsmith@hausfeld.com
rgambhir@hausfeld.com
- and -
Benjamin D. Brown, Esq.
Daniel McCuaig, Esq.
Zachary Glubiak, Esq.
Manuel J. Dominguez, Esq.
Christopher J. Bateman, Esq.
COHEN MILSTEIN SELLERS &
TOLL PLLC
11780 U.S. Highway One, Suite N500
Palm Beach Gardens, FL 33408
Telephone: (561) 515-2604
Facsimile: (561) 515-1401
E-mail: jdominguez@cohenmilstein.com
bbrown@cohenmilstein.com
dmccuaig@cohenmilstein.com
zglubiak@cohenmilstein.com
cbateman@cohenmilstein.com
- and -
Jeffrey J. Corrigan, Esq.
Jeffrey L. Spector, Esq.
Icee N. Etheridge, Esq.
SPECTOR ROSEMAN & KODROFF, P.C.
2001 Market Street, Suite 3420
Philadelphia, PA 19103
Telephone: (215) 496-0300
Facsimile: (2150 496-6611
E-mail: jcorrigan@srkattorneys.com
jspector@srkattorneys.com
ietheridge@srkattorneys.com
- and -
Michael J. Boni, Esq.
Joshua D. Snyder, Esq.
John E. Sindoni, Esq.
BONI, ZACK & SNYDER LLC
15 St. Asaphs Road
Bala Cynwyd, PA 19004
Telephone: (610) 822-0200
Facsimile: (610) 822-0206
E-mail: mboni@bonizack.com
jsnyder@bonizack.com
jsindoni@bonizack.com
The Defendant is represented by:
Joshua V. Van Hoven, Esq.
Richard T. Mccaulley, Esq.
MCCAULLEY LAW GROUP LLC
3001 Bishop Dr., Suite 300
San Ramon, CA 94583
Telephone: (925) 302-5941
E-mail: josh@mccaulleylawgroup.com
richard@mccaulleylawgroup.com
- and -
Allen Ruby, Esq.
ALLEN RUBY, ATTORNEY AT LAW
15559 Union Ave. 138
Los Gatos, CA 95032
Telephone: (408) 477-9690
E-mail: allen@allenruby.com
- and -
Karen Hoffman Lent, Esq.
Michael H. Menitove, Esq.
SKADDEN, ARPS, SLATE,
MEAGHER & FLOM LLP
One Manhattan West
New York, NY 10001
Telephone: (212) 735-3000
Facsimile: (212) 735-2040
E-mail: karen.lent@skadden.com
michael.menitove@skadden.com
- and -
Joshua Hill, Esq.
PAUL, WEISS, RIFKIND, WHARTON &
GARRISON, LLP
535 Mission Street, 24th Floor
San Francisco, CA 94105
Telephone: (628) 432-5100
Facsimile: (628) 232-3101
E-mail: JHill@paulweiss.com
- and -
Kathryn E. Cahoy, Esq.
Sonya E. Winner, Esq.
Cortlin H. Lannin, Esq.
Isaac D. Chaput, Esq.
Andrew Lazerow, Esq.
Ashley E. Bass, Esq.
John Kendrick, Esq.
COVINGTON & BURLING LLP
3000 El Camino Real
5 Palo Alto Square, 10th Floor
Palo Alto, CA 94306-2112
Telephone: (650) 632-4700
Facsimile: (650) 632-4800
E-mail: kcahoy@cov.com
swinner@cov.com
clannin@cov.com
ichaput@cov.com
alazerow@cov.com
abass@cov.com
jkendrick@cov.com
INTUITIVE SURGICAL: Class Cert Bid in SISC Modified to June 6
-------------------------------------------------------------
In the class action lawsuit captioned as Surgical Instrument
Service Company, Inc. v. Intuitive Surgical, Inc. (RE: DA VINCI
SURGICAL ROBOT ANTITRUST LITIGATION), Case No. 3:21-cv-03496-AMO
(N.D. Cal.), the Hon. Judge Araceli Martinez-Olguin entered an
order modifying the class certification briefing schedule and
setting case management conference and statement deadlines as
follows:
Event Proposed Date
Case Management Statement: May 23, 2024
Case Management Conference: May 30, 2024
Deadline to file motion for class June 6, 2024
Certification:
Deadline to file opposition to motion July 23, 2024
for class certification:
Deadline to file reply in support of Aug. 27, 2024
motion for class certification:
Class certification hearing: Oct. 10, 2024
A copy of the Court's order dated April 15, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=WYvctL at no extra
charge.[CC] The Plaintiffs are represented by:
Jeannine M. Kenney, Esq.
Samuel Maida, Esq.
Gary I. Smith, Jr., Esq.
Reena A. Gambhir, Esq.
HAUSFELD LLP
600 Montgomery Street, Suite
3200 San Francisco, CA 94111
Telephone: (415) 633-1908
Facsimile: (415) 358-4980
E-mail: jkenney@hausfeld.com
smaida@hausfeld.com
gsmith@hausfeld.com
rgambhir@hausfeld.com
- and -
Benjamin D. Brown, Esq.
Daniel McCuaig, Esq.
Zachary Glubiak, Esq.
Manuel J. Dominguez, Esq.
Christopher J. Bateman, Esq.
COHEN MILSTEIN SELLERS &
TOLL PLLC
11780 U.S. Highway One, Suite N500
Palm Beach Gardens, FL 33408
Telephone: (561) 515-2604
Facsimile: (561) 515-1401
E-mail: jdominguez@cohenmilstein.com
bbrown@cohenmilstein.com
dmccuaig@cohenmilstein.com
zglubiak@cohenmilstein.com
cbateman@cohenmilstein.com
- and -
Jeffrey J. Corrigan, Esq.
Jeffrey L. Spector, Esq.
Icee N. Etheridge, Esq.
SPECTOR ROSEMAN & KODROFF, P.C.
2001 Market Street, Suite 3420
Philadelphia, PA 19103
Telephone: (215) 496-0300
Facsimile: (2150 496-6611
E-mail: jcorrigan@srkattorneys.com
jspector@srkattorneys.com
ietheridge@srkattorneys.com
- and -
Michael J. Boni, Esq.
Joshua D. Snyder, Esq.
John E. Sindoni, Esq.
BONI, ZACK & SNYDER LLC
15 St. Asaphs Road
Bala Cynwyd, PA 19004
Telephone: (610) 822-0200
Facsimile: (610) 822-0206
E-mail: mboni@bonizack.com
jsnyder@bonizack.com
jsindoni@bonizack.com
The Defendant is represented by:
Joshua V. Van Hoven, Esq.
Richard T. Mccaulley, Esq.
MCCAULLEY LAW GROUP LLC
3001 Bishop Dr., Suite 300
San Ramon, CA 94583
Telephone: (925) 302-5941
E-mail: josh@mccaulleylawgroup.com
richard@mccaulleylawgroup.com
- and -
Allen Ruby, Esq.
ALLEN RUBY, ATTORNEY AT LAW
15559 Union Ave. 138
Los Gatos, CA 95032
Telephone: (408) 477-9690
E-mail: allen@allenruby.com
- and -
Karen Hoffman Lent, Esq.
Michael H. Menitove, Esq.
SKADDEN, ARPS, SLATE,
MEAGHER & FLOM LLP
One Manhattan West
New York, NY 10001
Telephone: (212) 735-3000
Facsimile: (212) 735-2040
E-mail: karen.lent@skadden.com
michael.menitove@skadden.com
- and -
Joshua Hill, Esq.
PAUL, WEISS, RIFKIND, WHARTON &
GARRISON, LLP
535 Mission Street, 24th Floor
San Francisco, CA 94105
Telephone: (628) 432-5100
Facsimile: (628) 232-3101
E-mail: JHill@paulweiss.com
- and -
Kathryn E. Cahoy, Esq.
Sonya E. Winner, Esq.
Cortlin H. Lannin, Esq.
Isaac D. Chaput, Esq.
Andrew Lazerow, Esq.
Ashley E. Bass, Esq.
John Kendrick, Esq.
COVINGTON & BURLING LLP
3000 El Camino Real
5 Palo Alto Square, 10th Floor
Palo Alto, CA 94306-2112
Telephone: (650) 632-4700
Facsimile: (650) 632-4800
E-mail: kcahoy@cov.com
swinner@cov.com
clannin@cov.com
ichaput@cov.com
alazerow@cov.com
abass@cov.com
jkendrick@cov.com
ISAAC OUAZANA: Bid to Certify Class in Layani Suit Tossed
---------------------------------------------------------
In the class action lawsuit captioned as Gerard Layani, et al., v.
Isaac Ouazana, et al., Case No. 1:20-cv-00420-SAG (D. Md.), the
Hon. Judge Stephanie A. Gallagher entered an order that:
1. Plaintiffs' motion to certify class is denied;
2. Defendants' motion for leave to file a sur-reply memorandum
in
opposition to Plaintiffs' motion for class certification is
denied; and
3. The parties shall submit to the Court no later than Friday,
April 26, 2024, the following information related to
Plaintiffs'
motion for sanctions for default, and to the discovery period
and trial of this case:
a. the number and identities of the witnesses each side
intends
to have testify at the sanctions motions hearing;
b. whether each witness will be available to testify live at
that hearing or will need to testify remotely, if such
testimony can be arranged;
c. the length of time each side will take to examine and
cross-
examine each witness at the sanctions motions hearing;
and
d. regarding discovery, the Plaintiffs are to identify which
Plaintiffs are available for deposition in Maryland and
for
live testimony at a trial of this case.
4. This Court will issue an amended scheduling order specifying
the
existing upcoming deadlines pertaining to discovery.
A copy of the Court's order dated April 17, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=wjR29T at no extra
charge.[CC]
JERSEY FIRESTOP: Class Cert Briefing in Achuela Suit Extended
-------------------------------------------------------------
In the class action lawsuit captioned as ORBIN COV ACHUELA,
individually and on behalf of all others similarly situated, V.
JERSEY FIRESTOP, LLC, DANIEL HINOJOSA AND DAVID HINOJOSA, Case No.
3:20-cv-08806-ZNQ-TJB (D.N.J.), the Hon. Judge Zahid Quraishi
entered a consent order extending the deadlines for class
certification briefing.
-- The Motion is adjourned one motion cycle and shall be
returnable
on May 20, 2024.
-- The Defendants' response to the Motion is due on or before May
6,
2024.
-- The Plaintiffs reply is due on or before May 13, 2024.
Jersey is a complete full service mechanical insulation company.
A copy of the Court's order dated April 17, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=pUm2jB at no extra
charge.[CC]
JOHNSON & JOHNSON: Tuominen Suit Transferred to E.D. New York
-------------------------------------------------------------
The case captioned as Tina Tuominen, on behalf of herself and all
others similarly situated v. Johnson & Johnson Consumer Inc.,
Kenvue Incorporated, Reckitt Benckiser LLC, Procter & Gamble, Case
No. 1:23-cv-13796 was transferred from the U.S. District Court for
the Northern District of Illinois, to the U.S. District Court for
the Eastern District of New York on April 15, 2024.
The District Court Clerk assigned Case No. 1:24-cv-02787-BMC to the
proceeding.
The nature of suit is stated as Fraud or Truth-In-Lending for
Account Receivable.
Johnson & Johnson (J&J) -- https://www.jnj.com/ -- is an American
multinational, pharmaceutical, and medical technologies
corporation.[BN]
The Plaintiff is represented by:
Erin Ruben, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC
900 W. Morgan Street
Raleigh, NC 27603
Phone: (919) 600-5000
Email: eruben@milberg.com
- and -
Gary M. Klinger, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
227 W. Monroe Street, Suite 2100
Chicago, IL 60606
Phone: (866) 252-0878
Email: gklinger@milberg.com
- and -
Jeff Ostrow, Esq.
Jonathan M. Streisfeld, Esq.
Kristen Lake Cardoso, Esq.
Daniel Tropin, Esq.
Kenneth Grunfeld, Esq.
KOPELOWITZ OSTROW P.A.
One West Las Olas Blvd., Suite 500
Fort Lauderdale, FL 33301
Phone: (954) 525-4100
Email: ostrow@kolawyers.com
streisfeld@kolawyers.com
cardoso@kolawyers.com
tropin@kolawyers.com
- and -
J. Hunter Bryson, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
405 E 50th Street
New York, NY 10022
Phone: (630) 796-0903
Email: hbryson@milberg.com
- and -
Nick Suciu III, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
6905 Telegraph Rd., Suite 115
Bloomfield Hills, MI 48301
Phone: (313) 303-3472
Email: nsuciu@milberg.com
- and -
Melissa S. Weiner, Esq.
Ryan J. Gott, Esq.
PEARSON WARSHAW, LLP
328 Barry Avenue South, Suite 200
Wayzata, MN 55391
Phone: (612) 389-0600
Email: mweiner@pwfirm.com
rgott@pwfirm.com
- and -
Russell Busch, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
800 S. Gay Street, Suite 1100
Knoxville, TN 37929
Phone: (630) 796-0903
Email: rbusch@milberg.com
The Defendants are represented by:
Bradley Joseph Andreozzi, Esq.
FAEGRE DRINKER BIDDLE & REATH LLP
191 North Wacker Drive, Suite 3700
Chicago, IL 60606-1698
Phone: (312) 569-1173
Email: bradley.andreozzi@faegredrinker.com
- and -
Shannon M. Barrett, Esq.
O'MELVENY & MYERS LLP
1625 I St NW
Washington, DC 20006
Phone: (202) 383-5308
Email: sbarrett@omm.com
- and -
Sophie Honey Gotlieb, Esq.
FAEGRE DRINKER BIDDLE & REATH LLP
320 South Canal Street, Ste. 3300
Chicago, IL 60606
Phone: (312) 569-1128
Email: sophie.gotlieb@faegredrinker.com
KATMAI TECHNICAL: Class Cert Discovery Continued to July 30
-----------------------------------------------------------
In the class action lawsuit captioned as CHARLES GUZMAN,
individually and on behalf of all others similarly situated, v.
KATMAI TECHNICAL SERVICES, LLC; and DOES 1 through 20, inclusive,
Case No. 3:23-cv-01671-RSH-DDL (S.D. Cal.), the Parties ask the
Court to enter an order as follows:
1. The deadline to complete class certification discovery is
continued from May 30, 2024, to July 30, 2024;
2. The deadline for Plaintiff to file his motion for class
certification is continued from July 1, 2024, to Sept. 2,
2024;
3. Alternatively, the deadline to complete class certification
discovery is continued to the date 60 days after the Court
rules
on the pending Motion to Dismiss, and the deadline for
Plaintiff
to file his motion for class certification is continued to 90
days after the Court rules on the pending Motion to Dismiss.
on Aug. 4, 2023, the Plaintiff filed this putative class action
complaint against the Defendant in the Superior Court of
California, County of San Diego and Defendant promptly removed the
case pursuant to the Federal Enclave Doctrine.
On Jan. 26, 2024, the Defendant filed a motion to dismiss the First
Amended Complaint; the Plaintiff filed his Opposition on Feb. 16,
2024; and the Defendant filed its Reply on Feb. 23, 2024.
on Feb. 14, 2024, the Court issued an amended scheduling
order regulating discovery and class certification motion filing
deadline.
Katmai provides computer programming services.
A copy of the Parties' motion dated April 17, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=vb6KU0 at no extra
charge.[CC]
The Plaintiff is represented by:
Kashif Haque, Esq.
Samuel A. Wong, Esq.
Jessica L. Campbell, Esq.
Kristy R. Connolly, Esq.
AEGIS LAW FIRM, PC
9811 Irvine Center Drive, Suite 100
Irvine, CA 92618
Telephone: (949) 379-6250
Facsimile: (949) 379-6251
E-mail: jcampbell@aegislawfirm.com
Kconnolly@aegislawfirm.com
The Defendants are represented by:
Roland Juarez, Esq.
D. Andrew Quigley, Esq.
Veronica A. Torrejon, Esq.
HUNTON ANDREWS KURTH LLP
550 South Hope Street, Suite 2000
Los Angeles, CA 90071-2627
Telephone: (213) 532-2000
Facsimile: (213) 532-2020
E-mail: rjuarez@HuntonAK.com
aquigley@HuntonAK.com
vtorrejon@HuntonAK.com
KELLER WILLIAMS: Exnicios Files Suit in E.D. Louisiana
------------------------------------------------------
A class action lawsuit has been filed against Keller Williams
Realty, Inc. The case is styled as John Exnicios, on behalf of
himself and all others similarl v. Keller Williams Realty, Inc.,
Case No. 2:24-cv-00935-JCZ-MBN (E.D. La., April 15, 2024).
The nature of suit is stated as Other Contract.
Keller Williams Realty -- https://www.kw.com/ -- is an American
technology and international real estate franchise with
headquarters in Austin, Texas.[BN]
The Plaintiff is represented by:
Eric J. O'Bell, Esq.
O'BELL LAW FIRM, LLC
3500 N. Hullen St.
Metairie, LA 70002
Phone: (504) 456-8677
Email: ejo@obelllawfirm.com
KOHL'S CORP: Bids to Certify & Decertify Classes Due Jan. 31, 2025
------------------------------------------------------------------
In the class action lawsuit captioned as MICHELLE CORTEZ GOMEZ,
individually and on behalf of all others similarly situated, v.
KOHL'S CORPORATION and KOHL'S, INC., Case No. 3:23-cv-00678-jdp
(W.D. Wis.), the Hon. Judge Stephen Crocker entered a preliminary
pretrial
conference order as follows:
-- Motions & Briefs To Certify/Decertify Classes: Jan. 31,
2025
-- Disclosure of Experts
Plaintiff: May 30, 2025
Defendants: June 30,
2025
-- Deadline for filing dispositive motions: Aug. 8, 2025
-- Settlement Letters: Dec. 12,
2025
-- Discovery Cutoff: Dec. 12,
2025
-- Rule 26(a)(3) Disclosures and all Jan. 5, 2025
motions in limine:
-- Objections: Jan. 16,
2026
-- First Final Pretrial Conference: Jan. 28,
2026
-- Second Final Pretrial Conference: Feb. 4, 2026
-- Trial: Feb. 9, 2026
Kohl's is an American department store retail chain.
A copy of the Court's order dated April 12, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=tB21Ry at no extra
charge.[CC]
L&R DISTRIBUTORS: Ryhal Suit Removed to C.D. California
-------------------------------------------------------
The case captioned as Rebecca Ryhal, individually, and on behalf of
the putative class v. L. & R. DISTRIBUTORS, INC., a New York
corporation; and DOES 1—50, inclusive, Case No. 24STCV06416 was
removed from the Superior Court of the State of California for the
County of Los Angeles, to the United States District Court for the
Central District of California on April 16, 2024, and assigned Case
No. 2:24-cv-03037.
The Complaint seeks damages, penalties, and injunctive relief on
behalf of a putative class for with respect to the following nine
claims: Failure to Provide Meal Periods, Failure to Provide Rest
Periods, Failure to Pay Minimum Wages, Failure to Reimburse
Business Expenses, Failure to Furnish Timely and Accurate Itemized
Wage Statements, Failure to Pay All Compensation Due During
Employment, Failure to Pay All Compensation Due Upon Discharge,
Failure to Pay Wages for All Hours Worked and Unfair, Unlawful, or
Fraudulent Business Practices.[BN]
The Defendants are represented by:
Robert L. Rosenthal, Esq.
John J. Savage, Esq.
HOWARD & HOWARD ATTORNEYS PLLC
Beverly Hills Triangle I
9595 Wilshire Boulevard, Suite 900
Beverly Hills, CA 90212
Phone: (424) 303-7700
Email: rrosenthal@howardandhoward.com
jsavage@howardandhoward.com
LEXINGTON COUNTY, SC: Pre-Certification Discovery Due June 18
-------------------------------------------------------------
In the class action lawsuit captioned as William M. Luce, on behalf
of himself and all similarly situated natural persons, v. Lexington
County Health Services District, Inc., Brian D. Smith in both his
official and individual capacity, and Lynn Coggins in both her
official and individual capacity, Case No. 3:22-cv-03898-MGL
(D.S.C.), the Hon. Judge Mary Geiger Lewis entered a third amended
scheduling order as follows:
1. Pre-certification discovery shall be completed no later than
June 18, 2024. All precertification discovery requests shall
be
served in time for the responses thereto to be served by this
date.
2. The Plaintiff's motion for class certification shall be filed
on
or before July 5, 2024.
3. The Plaintiff(s) shall file and serve a document identifying
by
full name, address, and telephone number each person whom
Plaintiff(s) expects to call as an expert at trial and
certifying that a written report prepared and signed by the
expert including all information required by Fed. R. Civ. P.
26(a)(2)(B) has been disclosed to other parties by Oct. 11,
2024.
4. The Defendant(s) shall file and serve a document identifying
by
full name, address, and telephone number each person whom
Defendant(s) expects to call as an expert at trial and
certifying that a written report prepared and signed by the
expert including all information required by Fed. R. Civ. P.
26(a)(2)(B) has been disclosed to other parties by Nov. 12,
2024.
5. Counsel shall file and serve affidavits of records custodian
witnesses proposed to be presented by affidavit at trial no
later than Dec. 10, 2024.
6. Post-certification discovery shall be completed no later than
Dec. 10, 2024.
Lexington is a 607-bed teaching hospital in West Columbia, South
Carolina.
A copy of the Court's order dated April 12, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=x85ZN6 at no extra
charge.[CC]
LEXISNEXIS RISK: Parties Seek to Extend Reply Briefs to June 24
---------------------------------------------------------------
In the class action lawsuit captioned as KERRY JENNIFER SCROGGINS,
v. LEXISNEXIS RISK SOLUTIONS FL INC., Case No.
3:22-cv-00545-MHL-SLS (E.D. Va.), the Parties asks the Court to
enter an order, pursuant to Rule 6(b) of the Federal Rules of Civil
Procedure and Local Rule 7, extending the briefing deadlines for
the Plaintiff's motion to exclude from consideration on class
certification testimony and evidence from the Defendant's Experts,
and Plaintiff's motion in limine.
The Parties request the Court extend LNRS FL's deadline to file
responses to these motions to May 28, 2024, and Plaintiff's
deadline to file reply briefs to June 24, 2024.
The Parties are contemporaneously filing a memorandum in support of
this Motion, which is incorporated herein by reference.
Lexisnexis is engaged in providing full service legal advice.
A copy of the Parties' motion dated April 16, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=rVozvA at no extra
charge.[CC]
The Plaintiff is represented by:
Leonard A. Bennett, Esq.
Craig C. Marchiando, Esq.
Adam Short, Esq.
John J. Maravalli, Esq.
Drew D. Sarrett, Esq.
CONSUMER LITIGATION ASSOCIATES, P.C.
763 J. Clyde Morris Blvd., Ste. 1-A
Newport News, VA 23601
Telephone: (757) 930-3660
Facsimile: (757) 930-3662
E-mail: lenbennett@clalegal.com
craig@clalegal.com
adam@clalegal.com
john@clalegal.com
drew@clalegal.com
The Defendant is represented by:
Julie D. Hoffmeister, Esq.
David N. Anthony, Esq.
Ronald I. Raether, Jr., Esq.
Cindy D. Hanson, Esq.
Derek Schwahn, Esq.
Joshua D. Davey, Esq.
TROUTMAN PEPPER HAMILTON SANDERS LLP
1001 Haxall Point
Richmond, VA 23219
Telephone: (804) 697-1448
Facsimile: (804) 697-1339
E-mail: julie.hoffmeister@troutman.com
david.anthony@troutman.com
ron.raether@troutman.com
cindy.hanson@troutman.com
derek.schwahn@troutman.com
joshua.davey@troutman.com
- and -
James F. McCabe, Esq.
ALSTON & BIRD
560 Mission Street, Suite 2100
San Francisco, CA 94105
Telephone: (415) 243-1047
Facsimile: (415) 477-5710
E-mail: jim.mccabe@alston.com
LEXISNEXIS RISK: Scroggins Seeks to Certify Class Claims
--------------------------------------------------------
In the class action lawsuit captioned as KERRY JENNIFER SCROGGINS,
v. LEXISNEXIS RISK SOLUTIONS FL INC., Case No.
3:22-cv-00545-MHL-SLS (E.D. Va.), the Plaintiff asks the Court to
enter an order, pursuant to Rule 23 of the Federal Rules of Civil
Procedure, certifying her class claims.
Lexisnexis is engaged in providing full service legal advice.
A copy of the Plaintiff's motion dated April 15, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=cbYtTW at no extra
charge.[CC]
The Plaintiff is represented by:
Leonard A. Bennett, Esq.
Craig C. Marchiando, Esq.
Adam Short, Esq.
John J. Maravalli, Esq.
Drew D. Sarrett, Esq.
CONSUMER LITIGATION ASSOCIATES, P.C.
763 J. Clyde Morris Blvd., Ste. 1-A
Newport News, VA 23601
Telephone: (757) 930-3660
Facsimile: (757) 930-3662
E-mail: lenbennett@clalegal.com
craig@clalegal.com
adam@clalegal.com
john@clalegal.com
drew@clalegal.com
LEXISNEXIS RISK: Suit Seeks to Exclude Expert Witness Testimonies
-----------------------------------------------------------------
In the class action lawsuit captioned as KERRY JENNIFER SCROGGINS,
v. LEXISNEXIS RISK SOLUTIONS FL INC., Case No.
3:22-cv-00545-MHL-SLS (E.D. Va.), the Plaintiff asks the Court to
enter an order, pursuant to Federal Rule of Evidence 702 and
Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993),
to exclude evidence and testimony of Defendant's expert witnesses,
the reasons for which are set forth in the contemporaneously filed
memorandum of law.
Lexisnexis is engaged in providing full service legal advice.
A copy of the Plaintiff's motion dated April 15, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=fJzS25 at no extra
charge.[CC]
The Plaintiff is represented by:
Leonard A. Bennett, Esq.
Craig C. Marchiando, Esq.
Adam Short, Esq.
John J. Maravalli, Esq.
Drew D. Sarrett, Esq.
CONSUMER LITIGATION ASSOCIATES, P.C.
763 J. Clyde Morris Blvd., Ste. 1-A
Newport News, VA 23601
Telephone: (757) 930-3660
Facsimile: (757) 930-3662
E-mail: lenbennett@clalegal.com
craig@clalegal.com
adam@clalegal.com
john@clalegal.com
drew@clalegal.com
LEXISNEXIS RISK: Suit Seeks to Seal Unredacted Class Cert Bid
-------------------------------------------------------------
In the class action lawsuit captioned as KERRY JENNIFER SCROGGINS,
v. LEXISNEXIS RISK SOLUTIONS FL INC., Case No.
3:22-cv-00545-MHL-SLS (E.D. Va.), the Plaintiff asks the Court to
enter an order granting motion to seal the unredacted version of
the Plaintiff's motion to certify class
Lexisnexis is engaged in providing full service legal advice.
A copy of the Plaintiff's motion dated April 15, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=gf6B9I at no extra
charge.[CC]
The Plaintiff is represented by:
Leonard A. Bennett, Esq.
Craig C. Marchiando, Esq.
Adam Short, Esq.
John J. Maravalli, Esq.
Drew D. Sarrett, Esq.
CONSUMER LITIGATION ASSOCIATES, P.C.
763 J. Clyde Morris Blvd., Ste. 1-A
Newport News, VA 23601
Telephone: (757) 930-3660
Facsimile: (757) 930-3662
E-mail: lenbennett@clalegal.com
craig@clalegal.com
adam@clalegal.com
john@clalegal.com
drew@clalegal.com
LG ELECTRONICS: Hernandez Suit Seeks to Certify Rule 23 Class
-------------------------------------------------------------
In the class action lawsuit captioned as JOHN HERNANDEZ, an
individual, et al., v. LG ELECTRONICS U.S.A., INC., a Delaware
Corporation, Case No. 2:22-cv-08813-SVW-SSC (C.D. Cal.), the
Plaintiffs ask the Court to enter an order granting their motion
for class certification pursuant to Fed. R. Civ. P. 23(b)(2) and
(b)(3), concerning violations of the Unfair Competition Law
("UCL"), violations of the Song-Beverly Consumer Warranty Act, and
implied warranty claims pursuant to California Commercial Code
section 2314 by the Defendants.
The Plaintiffs will move the Court to certify Classes consisting
of:
1. All California persons who purchased, other than for resale,
a
Kenmore branded or an LG branded refrigerator containing an
LG
linear compressor during the applicable statute of
limitations.
and
2. All California persons who purchased, other than for resale,
a
Kenmore branded or an LG branded refrigerator containing an
LG
linear compressor which experienced a non-cooling event
during
the applicable statute of limitations.
The Plaintiffs will also move the Court for appointment of
Plaintiffs as class representatives, and for appointment of the
Plaintiffs' attorneys as Class Counsel.
The Plaintiffs include CRYSTAL SCHROEDER, an individual; THOMAS
WEMHOFF, an individual; JANET MOSER, an individual; JETTEKE
MUCHEMORE, an individual; KASRA PEIGHAMBARI, an individual; LINDA
REICHELLO, an individual; MOHAMAD SHAHAB, an individual; POLLY KO,
an individual; REGINA STELLA TANGCO, an individual; TERESA
CERVANTES, an individual;
VICTOR WOLFE, an individual; CHRISTOPHER LAVIN, an individual;
TRACI ELLIS, an individual; and on behalf of all others similarly
situated.
The Defendants include TRANSFORM SR LLC, a Delaware Limited
Liability Company; TRANSFORM SR BRANDS MANAGEMENT LLC, a Delaware
Limited Liability Company: COSTCO, WHOLESALE CORPORATION, a
Washington Company; LOWE'S HOME CENTERS, LLC, a North Carolina
Limited Liability Company; BESTBUY.COM, LLC, a Virginia Limited
Liability Company, BEST BUY STORES, L.P.; HOME DEP OT U.S.A., INC.,
a Delaware Corporation; and DOES 1-10, inclusive.
LG is a South Korean multinational major appliance and consumer
electronics corporation.
A copy of the Plaintiffs' motion dated April 12, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=VPEiFZ at no extra
charge.[CC]
The Plaintiffs are represented by:
Andre E. Jardim, Esq.
K.L. Myles, Esq.
Michael D. Carr, Esq.
KNAPP, PETERSEN & CLARKE
550 North Brand Boulevard, Suite 1500
Glendale, CA 91203-1922
Telephone: (818) 547-5000
Facsimile: (818) 547-5329
E-mail: aej@kpclegal.com
klm@kpclegal.com
mdc@kpclegal.com
- and -
Azar Mouzari, Esq.
Nilofar Nouri, Esq.
BEVERLY HILLS TRIAL ATTORNEYS, P.C.
468 N. Camden Drive, Suite 238
Beverly Hills, CA 90210
Telephone: (310) 858-5567
Facsimile: (424) 286-0963
E-mail: azar@bhtrialattomeys.com
nilofar@bhtrialattomeys.com
LIME ROCK: Wins Bid to Strike Class Allegations in Colton Suit
---------------------------------------------------------------
In the class action lawsuit captioned as Gregg B. Colton, on behalf
of himself and a class of similarly situated persons, v. Lime Rock
Resources GP V, L.P., Lime Rock Resources III-A GP, LLC, Lime Rock
Resources III-A, L.P., Lime Rock Resources IV-A GP, LLC, Lime Rock
Resources IV-A, L.P., Company, a North Dakota corporation; Lime
Rock Resources Operating Company, Inc., and Lime Rock Resources
V-A, L.P., Case No. 1:22-cv-00123-DLH-CRH (D.N.D.), the Hon. Judge
Daniel L. Hovland entered an order granting the Defendants' motion
to strike class allegations.
Colton defines Subclass I as:
"All persons and entities owning mineral interests in North
Dakota
wells operated by Lime Rock who, at any time since July 15,
2016,
have: (1) received mineral interest payments from Lime Rock on a
date which was more than one hundred fifty days after the oil or
gas was produced and marketed by Lime Rock from North Dakota
wells;
and (2) whose payment from Lime Rock did not include the
eighteen
percent per annum interest payment required under N.D.C.C.
section
47-16-39.1."
Excluded from the Class are: (1) Lime Rock, its affiliates,
predecessors, employees, officers, and directors; and (2)
agencies,
departments, or instrumentalities of the United States of
America
or the State of North Dakota; and (3) persons who own mineral
interests which are owned or managed by the board of university
and
school Lands.
Colton defines Subclass II as:
"All persons and entities to whom Lime Rock has paid or was
obligated to pay royalties on oil or natural gas produced from
wells located in the State of North Dakota since March 20, 2013
pursuant to an oil and gas lease or overriding royalty agreement
where Lime Rock's post-production expenses for gas were deducted
from a royalty owner's oil royalties."
Excluded from the Class are: (1) Lime Rock, its affiliates,
predecessors, employees, officers, and directors; and (2)
agencies,
departments, or instrumentalities of the United States of
America
or the State of North Dakota.
On March 20, 2023, Colton filed its first amended complaint. On
April 7, 2023, Lime Rock filed a motion to partially dismiss the
Plaintiff's first amended complaint and a motion to strike class
allegations
Lime Rock produces and markets oil, gas, and related hydrocarbons.
A copy of the Court's order dated April 16, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=MYPKuU at no extra
charge.[CC]
LZ LOGISTICS: Amsden Seeks to Certify FLSA Collective Action
------------------------------------------------------------
In the class action lawsuit captioned as Christopher Amsden, on
behalf of himself and all others similarly situated, v. LZ
Logistics, LLC, Case No. 6:24-cv-03022-SRB (W.D. Mo.), the
Plaintiff asks the Court to enter an order granting the following
relief:
(1) The Plaintiff moves for authorization to proceed as a
collective action for overtime violations under the Fair
Labor
Standards Act ("FLSA"), on behalf of himself and similarly-
situated past and present employees of LZ Logistics, LLC,
with
the collective to be defined as follows:
"All drivers, machine operators, and laborers who were
employed by LZ Logistics, LLC from Jan. 23, 2021, to
present,
who were paid a fixed daily rate, who worked more than 40
hours
in a work week, and who were not compensated at
one-and-one-
half times the regular rate of pay for all work performed in
excess of 40 hours per week."
(2) The Plaintiff moves for an Order directing the Defendants to
produce to the Plaintiff's counsel within ten days of the
Order
granting this Motion a list of the names, the last known
addresses, last known email addresses, and phone numbers for
hourly-paid personnel employed by the Defendants from Jan.
23,
2021 to present.
(3) The Plaintiff moves for authorization to send notice and
consent to join to all individuals whose names appear on the
list produced by the Defendants' counsel by first-class mail
and email so that they can assert their claims on a timely
basis as part of this litigation.
(4) The Plaintiff moves that the statute of limitations for the
putative class be tolled as of the date this action was
filed.
(5) The Plaintiffs move that the opt-in plaintiffs' Consent
Forms
be deemed "filed" on the date they are postmarked.
LZ is a licensed and DOT registred trucking company.
A copy of the Plaintiff's motion dated April 16, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=x1lsac at no extra
charge.[CC]
The Plaintiffs are represented by:
Philip Oliphant, Esq.
THE ROWLES EMPLOYMENT LAW FIRM
1951 Mignon Avenue
Memphis, TN 38107
Telephone: (901) 830-4663
Facsimile: (901) 979-2499
E-mail: poliphant@rolweslaw.com
MARATHON PETROLEUM: Duhe Suit Seeks Class Certification
-------------------------------------------------------
In the class action lawsuit captioned as RACHEL DUHE AND KIMEYAN
ALEXANDER, EACH INDIVIDUALLY AND ON BEHALF OF A CLASS OF SIMILARLY
SITUATED INDIVIDUALS, V. MARATHON PETROLEUM COMPANY LP, Case No.
2:23-cv-06096-DJP-JVM (E.D. La.), the Plaintiffs ask the Court to
enter an order to certify a class, pursuant to Federal Rule of
Civil Procedure 23(b)(3), referred to as the "Proposed Class," and
defined as:
"All persons who owned property, operated a business, or
worked
or resided within the two-mile Mandatory Evacuation Zone and
who
have been harmed by Marathon's conduct regarding the alleged
Incident, except: those persons who suffered personal injuries
that persisted after the Incident's fire burned out, those
persons who were within the course and scope of their
employment
with Marathon Petroleum during the time of the hydrocarbon
release and subsequent fire, and those persons employed by
this
Court.
The "Incident" is defined as the fire at Marathon Petroleum
Garyville Refinery that began when naphtha was released from a tank
on 7 a.m. Aug. 25, 2023, and was extinguished on Aug. 28, 2023.
The Proposed Class Representatives reside in the area affected by
the toxic pollution events caused by the Defendant's acts and
omissions, and they have suffered harms typical of the harms
endured by all Proposed Class Members.
Marathon provides oil refining, marketing, and pipeline
transportation services.
A copy of the Plaintiffs' motion dated April 15, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=ZfioeL at no extra
charge.[CC]
The Plaintiffs are represented by:
Kerry J. Miller, Esq.
Paul C. Thibodeaux, Esq.
Daniel J. Dysart, Esq.
Julie S. Meaders, Esq.
Brennan F. O'Keefe, Esq.
FISHMAN HAYGOOD, LLP
201 St. Charles Avenue, 46th Floor
New Orleans, LA 70170
Telephone: (504) 586-5252
Facsimile: (504) 586-5250
E-mail: kmiller@fishmanhaygood.com
pthibodeaux@fishmanhaygood.com
ddysart@fishmanhaygood.com
jmeaders@fishmanhaygood.com
bokeefe@fishmanhaygood.com
- and -
Cayce C. Peterson, Esq.
Joseph B. Marino, Esq.
Jeffrey P. Green, Esq.
JJC LAW LLC
111 Veterans Memorial Blvd.
Heritage Plaza, Suite 810
Metairie, LA 70005
Telephone: (504) 513-8820
Facsimile: (504) 513-8824
E-mail: cayce@jjclaw.com
josh@jjclaw.com
jeff@jjclaw.com
MARATHON PETROLEUM: Duhe Suit Seeks Class Certification
-------------------------------------------------------
In the class action lawsuit captioned as RACHEL DUHE AND KIMEYAN
ALEXANDER, EACH INDIVIDUALLY AND ON BEHALF OF A CLASS OF SIMILARLY
SITUATED INDIVIDUALS, V. MARATHON PETROLEUM COMPANY LP, Case No.
2:23-cv-06096-DJP-JVM (E.D. La.), the Plaintiffs ask the Court to
enter an order certifying a class, pursuant to Federal Rule of
Civil Procedure 23(b)(3), referred to as the "Proposed Class," and
defined as:
"All persons who owned property, operated a business, or
worked
or resided within the two-mile Mandatory Evacuation Zone and
who
have been harmed by Marathon’s conduct regarding the
Incident,
except: those persons who suffered personal injuries that
persisted after the Incident's fire burned out, those persons
who
were within the course and scope of their employment with
Marathon Petroleum during the time of the hydrocarbon release
and
subsequent fire, and those persons employed by this Court."
The "Incident" is defined as the fire at Marathon Petroleum
Garyville Refinery that began when naphtha was released from a tank
on or about 7 a.m. Aug. 25, 2023 and was extinguished on Aug. 28,
2023.
Marathon Petroleum provides oil refining, marketing, and pipeline
transportation services.
A copy of the Plaintiffs' motion dated April 17, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=N6ODhB at no extra
charge.[CC]
The Plaintiffs are represented by:
Kerry J. Miller, Esq.
Paul C. Thibodeaux, Esq.
Daniel J. Dysart, Esq.
Brennan F. O'Keefe, Esq.
FISHMAN HAYGOOD, LLP
201 St. Charles Avenue, 46th Floor
New Orleans, LA 70170
Telephone: (504) 586-5252
Facsimile: (504) 586-5250
E-mail: kmiller@fishmanhaygood.com
pthibodeaux@fishmanhaygood.com
ddysart@fishmanhaygood.com
bokeefe@fishmanhaygood.com
- and -
Hugh Lambert, Esq.
Brian Mersman, Esq.
LAMBERT ZAINEY SMITH & SOSO, APLC
701 Magazine Street
New Orleans, LA 70130
Telephone: (504) 581-1750
Facsimile: (504) 529-2931
E-mail: hlambert@lambertzainey.com
bmersman@lambertzainey.com
- and -
Cayce C. Peterson, Esq.
JJC LAW LLC
111 Veterans Memorial Blvd.
Heritage Plaza, Suite 810
Metairie, LA 70005
Telephone: (504) 513-8820
Facsimile: (504) 513-8824
E-mail: cayce@jjclaw.com
- and -
Sylvia Elaine Taylor, Esq.
TAYLOR & MCDOWELL LAW
1935 W. Airline Hwy
LaPlace, LA 70068
Telephone: (985) 359-9100
Facsimile: (985) 359-9109
E-mail: syvlia@taymclaw.com
MARK CUBAN: Allowed Leave to File Exhibits Under Seal
-----------------------------------------------------
In the class action lawsuit captioned as DOMINIK KARNAS, et al., v.
MARK CUBAN, et al., Case No. 1:22-cv-22538-RKA (S.D. Fla.), the
Defendants ask the Court to enter an order granting Defendants'
renewed motion for leave to file under seal the unredacted versions
of Exhibits 26 and 43 as well as the Defendants' opposition, and to
file publicly a partially redacted version of Exhibit 43 and the
Defendants' opposition, and to withhold in full (file a slipsheet
of) Exhibit 26.
The Defendants produced Exhibits 26 and 43 and the Defendants
designated them CONFIDENTIAL, except for one part of Exhibit 26,
which is designated HIGHLY CONFIDENTIAL – ATTORNEYS' EYES ONLY.
Exhibit 26, a sponsorship agreement between the Mavericks and
third-party Voyager Digital Holdings, Inc. was previously filed
under seal in this matter,
and information from it has been redacted in prior filings, and is
at issue in other motions pending before Magistrate Judge Reid.
A copy of the Defendants' motion dated April 17, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=I3qn3T at no extra
charge.[CC]
The Defendants are represented by:
Christopher E. Knight, Esq.
Esther E. Galicia, Esq.
Alexandra L. Tifford, Esq.
FOWLER WHITE BURNETT, P.A.
Brickell Arch, Fourteenth Floor
1395 Brickell Avenue
Miami, FL 33131
Telephone: (305) 789-9200
Facsimile: (305) 789-9201
E-mail: cknight@fowler-white.com
egalicia@fowler-white.com
atifford@fowler-white.com
- and -
Paul C. Huck, Jr., Esq.
LAWSON HUCK GONZALEZ PLLC
334 Minorca Avenue
Coral Gables, FL 33134
Telephone: (305) 441-2299
Telecopier: (305) 441-8849
E-mail: paul@lawsonhuckgonzalez.com
- and -
Stephen A. Best, Esq.
Rachel O. Wolkinson, Esq.
Daniel L. Sachs, Esq.
Jonathan D. White, Esq.
BROWN RUDNICK LLP
601 Thirteenth Street NW Suite 600
Washington, DC 20005
Telephone (202) 536-1755
E-mail: sbest@brownrudnick.com
rwolkinson@brownrudnick.com
dsachs@brownrudnick.com
jwhite@brownrudnick.com
MCMENAMINS INC: Class Cert Bids in Leonard Suit Amended to June 14
------------------------------------------------------------------
In the class action lawsuit captioned as ANDREW LEONARD et al., v.
MCMENAMINS INC, Case No. 2:22-cv-00094-KKE (W.D. Wash.), the Hon.
Judge Kymberly Evanson entered an order granting in part and
denying in part Plaintiffs' motion to amend the case schedule, and
setting the case schedule amended as follows:
Deadline Original New
Deadline Deadline
Five Day Jury Trial Oct. 15, 2024 Oct. 15,
2024
Disclosure of expert testimony Marc. 19, 2024 May 1, 2024
under FRCP 26(a)(2) due:
Discovery must be completed by: Apr. 18, 2024 May 17, 2024
All dispositive motions, motions May 20, 2024 June 14,
2024
for class certification, and
motions challenging expert
witness testimony must be filed
by this date. Such motions must
be noted for consideration no
later than the fourth Friday
thereafter:
All motions in limine must be Sept. 10, 2024 Sept. 10,
2024
filed by:
Trial briefs, proposed voir Sept. 17, 2024 Sept. 17,
2024
dire questions, and deposition
designations due:
Pretrial conference scheduled Oct. 1, 2024 Oct. 1, 2024
McMenamins is a family-owned chain of brewpubs, breweries, music
venues, historic hotels, and theater pubs.
A copy of the Court's order dated April 17, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=Dl8HJb at no extra
charge.[CC]
MIDLAND FUNDING: Class Cert. Bid in Filgueiras Tossed w/o Prejudice
-------------------------------------------------------------------
In the class action lawsuit captioned as JOSEFA FILGUEIRAS, on
behalf of herself and those similarly situated, v. MIDLAND FUNDING,
LLC, and MIDLAND CREDIT MANAGEMENT, INC., Case No.
2:16-cv-03037-ES-JSA (D.N.J.), the Hon. Judge Esther Salas entered
an order denying the motion for class certification without
prejudice.
The Court orders that, within 7 days of the entry of this Order,
Ms. Filgueiras shall file a letter notifying the Court whether she
intends to renew her motion for class certification; failure to
file such letter may result in denial with prejudice.
The Court further orders that, to the extent that Ms. Filgueiras
intends to renew her motion for class certification, she shall file
such motion within 30 days of the entry of this Order; failure to
file such renewed motion curing the deficiencies identified in the
Court's corresponding Opinion may result in denial with prejudice.
The Plaintiff filed this putative class action against the
Defendants for alleged violations of the Fair Debt Collection
Practices Act ("FDCPA").
Midland is a debt collection agency.
A copy of the Court's order dated April 18, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=lDzA73 at no extra
charge.[CC]
MIDLAND FUNDING: Stromberg Class Cert. Bid Tossed w/o Prejudice
---------------------------------------------------------------
In the class action lawsuit captioned as SUSAN J. STROMBERG, on
behalf of herself and those similarly situated, v. MIDLAND FUNDING,
LLC, and MIDLAND CREDIT MANAGEMENT, INC., Case No.
2:16-cv-09288-ES-MAH (D.N.J.), the Hon. Judge Esther Salas entered
an order denying the motion for class certification without
prejudice.
The Court further orders that, within 7 days of the entry of this
Order, Ms. Stromberg shall file a letter notifying the Court
whether she intends to renew her motion for class certification;
failure to file such letter may result in denial with prejudice.
The Court further orders that, to the extent that Ms. Stromberg
intends to renew her motion for class certification, she shall file
such motion within 30 days of the entry of this Order; failure to
file such renewed motion curing the deficiencies identified in the
Court's corresponding Opinion may result in denial with prejudice.
The Plaintiff filed this putative class action against the
Defendants for alleged violations of the Fair Debt Collection
Practices Act ("FDCPA").
Midland is a debt collection agency.
A copy of the Court's order dated April 18, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=HHP5wz at no extra
charge.[CC]
MIDLAND FUNDING: Stromberg Loses Class Cert Bid
-----------------------------------------------
In the class action lawsuit captioned as SUSAN J. STROMBERG, on
behalf of herself and those similarly situated, v. MIDLAND FUNDING,
LLC, and MIDLAND CREDIT MANAGEMENT, INC., Case No.
2:16-cv-09288-ES-MAH (D.N.J.), the Hon. Judge Esther Salas entered
an order denying the motion for class certification.
Accordingly, the predominance requirement is not satisfied. Because
the class cannot be certified absent predominance, the Court need
not consider the remaining requirements.
Ms. Stromberg filed this putative class action against the
Defendants Midland Funding, LLC, and Midland Credit Management,
Inc. for alleged violations of the Fair Debt Collection Practices
Act ("FDCPA").
On Dec. 15, 2016, Ms. Stromberg filed this suit against Midland,
and on April 9, 2019, she filed the Second Amended Complaint. Ms.
Stromberg filed the present motion for class certification on Oct.
13, 2021.
In the Second Amended Complaint, Ms. Stromberg proposed a class
with reference to "debt that was barred by the applicable statute
of limitations on the date of the letter." In the instant motion,
however, Ms. Stromberg proposed the following class:
"All natural persons to whom Midland Funding LLP or Midland
Credit Management, Inc. mailed a Letter to a New Jersey address
in
an attempt to collect on an Account where:
"Letter" means a writing dated Dec. 16, 2015, Dec. 31, 2015, or
Jan. 6, 2016 and that date is at least 915 days after the
Account's "Charge Off Date" as shown in Defendants' records;
and
"Account" means a credit card account issued by Capital One
Bank
(USA), N.A. who assigned the account a number beginning with
517805."
Ms. Stromberg was an account holder at Capital One Bank who
incurred debt in connection with personal, family, and household
transactions. She made payments on the account through Feb. 2010.
In March 2010, however, she defaulted on the debt.
Midland is a debt collection agency that collects different types
of debt but focuses on consumer debts.
A copy of the Court's opinion dated April 18, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=htmG8k at no extra
charge.[CC]
MISSOULA COUNTY, MT: Gardner's Bid to Certify Class Tossed
----------------------------------------------------------
In the class action lawsuit captioned as SPENCER GARDNER, v.
MISSOULA COUNTY, et al., Case No. 9:23-cv-00146-DLC (D. Mont.), the
Hon. Judge Dana Christensen entered an order that:
1. Within 30 days of this Order, Gardner may file an amended
complaint on the form to be provided by the Clerk of Court's
Office.
2. The Clerk of Court shall provide Gardner a form for filing an
amended complaint.
3. Gardner's motion for leave to proceed in Forma Pauperis is
granted. The Clerk of Court is directed to waive payment of
the
filing fee.
4. Gardner's motion to appoint counsel is denied.
5. Gardner's motions for preliminary injunction are denied.
6. Gardner's motion to certify class is denied.
Gardner must immediately notify the Court of any change in his
mailing address by filing a “Notice of Change of Address” under
the appropriate cause number. Failure to do so may result in
dismissal of his petition without notice to him.
On Nov. 24, 2023, Plaintiff Gardner, a state prisoner proceeding
without counsel, filed a proposed civil rights complaint pursuant
to 42 U.S.C. section 1983. The Plaintiff Gardner alleges the
Defendants violated his constitutional right to be free from cruel
and unusual punishment by acting with deliberate indifference to
his serious medical needs.
Mr. Gardner alleges that at various points in times from Aug. 18,
2022, to Nov. 3, 2023, he was detained at the Missoula County
Detention Center. He generally alleges that the Defendants violated
his 8th and 14th amendment rights by providing inadequate medical
care and/or delaying treatment. Specifically, Gardner discusses
issues he had surrounding treatment of severe tooth pain,
complications arising from a hernia which required catheter use,
and knee pain cause by a bone spur.
Mr. Gardner's current Complaint fails to state a claim upon which
relief may be granted and is subject to dismissal. It may be
possible to cure the defects with Gardner's claims.
Accordingly, Gardner will be given an opportunity to file one
amended complaint to clarify his factual allegations and the
specific defendants involved, to provide more specific allegations
regarding his claims, and to provide specific factual allegations
against each named defendant.
A copy of the Court's order dated April 16, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=vzqpv8 at no extra
charge.[CC]
MULTI-COLOR CORP: Figueroa Suit Removed to N.D. California
----------------------------------------------------------
The case captioned as Victor Figueroa and Alden Perez, on behalf of
themselves and all others similarly situated v. MULTI-COLOR
CORPORATION, an Ohio Corporation; and DOES 1-50, inclusive, Case
No. 24CV000347 was removed from the Superior Court of the State of
California, County of Napa, to the United States District Court for
the Northern District of California on April 12, 2024, and assigned
Case No. 3:24-cv-02208.
The Complaint brings putative class claims for the alleged: Failure
to Pay All Minimum Wages; Failure to Pay All Overtime Wages;
Failure to Pay All Sick Time Wages; Meal Period Violations; Rest
Period Violations; Wage Statement Violations; Waiting Time
Penalties; Failure to Reimburse Necessary Business Expenses; and
Unfair Competition.[BN]
The Defendants are represented by:
Alexander M. Chemers, Esq.
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
400 South Hope Street, Suite 1200
Los Angeles, CA 90071
Phone: 213-239-9800
Facsimile: 213-239-9045
Email: zander.chemers@ogletree.com
NATIONAL ASSOCIATION OF REALTORS: Umpa Seeks Deadline Extension
---------------------------------------------------------------
In the class action lawsuit captioned as DANIEL UMPA, on behalf of
himself and all others similarly situated, v. THE NATIONAL
ASSOCIATION OF REALTORS, et al., Case No. 4:23-cv-00945-SRB (W.D.
Mo.), the Plaintiff asks the Court to enter an order extending the
current deadline to respond to motions to dismiss while Plaintiff's
forthcoming Motion to Consolidate is pending.
To date, proceedings in this matter and in another related matter
pending in this Court -- Gibson et al. v. National Association of
Realtors et al., Case No. 23-cv-00788 (W.D. Mo.)— have been
progressing via informal coordination.
Counsel in this matter and counsel in Gibson believe that, in the
absence of MDL centralization, formal consolidation and the filing
of a single Consolidated Amended Class Action Complaint present the
most efficient and practical means to advance these two cases.
The undersigned counsel and Gibson counsel are thus preparing to
file forthwith a Motion to Consolidate and for Leave to File
Consolidated Amended Class Action Complaint.
National Association is an American trade association for those who
work in the real estate industry.
A copy of the Plaintiff's motion dated April 17, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=QkJ3PD at no extra
charge.[CC]
The Plaintiff is represented by:
Steve W. Berman, Esq.
Rio S. Pierce, Esq.
Nathan Emmons, Esq.
Jeannie Evans, Esq.
HAGENS BERMAN SOBOL
SHAPIRO LLP
1301 Second Avenue, Suite 2000
Seattle, WA 98101
Telephone: (206) 623-7292
E-mail: riop@hbsslaw.com
nathane@hbsslaw.com
jeannie@hbsslaw.com
steve@hbsslaw.com
- and -
Benjamin D. Brown, Esq.
Robert A. Braun, Esq.
Daniel Silverman, Esq.
COHEN MILSTEIN SELLERS & TOLL
PLLC
1100 New York Ave. NW, Fifth Floor
Washington, DC 20005
Telephone: (202) 408-4600
E-mail: bbrown@cohenmilstein.com
rbraun@cohenmilstein.com
dsilverman@cohenmilstein.com
- and -
Marc M. Seltzer, Esq.
Steven G. Sklaver, Esq.
Beatrice C. Franklin, Esq.
Matthew R. Berry, Esq.
Floyd G. Short, Esq.
Alexander W. Aiken, Esq.
SUSMAN GODFREY L.L.P.
1900 Avenue of the Stars, Suite 1400
Los Angeles, CA 90067
Telephone: (310) 789-3100
E-mail: mseltzer@susmangodfrey.com
ssklaver@susmangodfrey.com
bfranklin@susmangodfrey.com
mberry@susmangodfrey.com
fshort@susmangodfrey.com
aaiken@susmangodfrey.com
NEW DIRECTION: Nash Suit Removed to E.D. California
---------------------------------------------------
The case captioned as Earlisha Nash, on behalf of herself and all
others similarly situated, and on behalf of the general public v.
NEW DIRECTION SOLUTIONS, LLC, a Florida Limited Liability Company,
and DOES 1 through 10, inclusive, Case No. 24CV004011 was removed
from the Superior Court of the State of California, County of
Sacramento, to the United States District Court for the Eastern
District of California on April 12, 2024, and assigned Case No.
2:24-cv-01113-DAD-JDP.
In her Complaint, Plaintiff asserts the following ten causes of
action on behalf of herself and a class of individuals she seeks to
represent: Failure to provide meal periods; Failure to Provide Rest
Periods; Failure to Pay all Wages; Knowing and Intentional Failure
to Comply With Itemized Employee Wage Statement Provisions; Failure
to Timely Pay Wages Due at Termination; Failure to Timely Pay
Employees; Failure to Reimburse for Business Expenses; Failure to
Pay for All Hours Worked, Including Overtime Hours Worked;
Violation of Business and Professions Code; and Penalties Pursuant
to Labor Code.[BN]
The Defendants are represented by:
Mia Farber, Esq.
JACKSON LEWIS P.C.
725 South Figueroa Street, Suite 2500
Los Angeles, CA 90017
Phone: (213) 689-0404
Facsimile: (213) 689-0430
Email: Mia.Farber@jacksonlewis.com
- and -
Evan D. Beecher, Esq.
JACKSON LEWIS P.C.
400 Capitol Mall, Suite 1600
Sacramento, CA 95814
Phone: (916) 341-0404
Facsimile: (916) 341-0141
Email: Evan.Beecher@jacksonlewis.com
- and -
Sean M. Bothamley, Esq.
Veena Bhatia, Esq.
JACKSON LEWIS P.C.
160 W. Santa Clara, Suite 400
San Jose, CA 95113
Phone: (408) 579-0404
Facsimile: (408) 454-0290
Email: Sean.Bothamley@jacksonlewis.com
Veena.Bhatia@jacksonlewis.com
NEW YORK, NY: Cusimano Sues Over Unpaid Overtime Wages
------------------------------------------------------
Joseph Cusimano and James Schultz, on behalf of themselves and
others similarly situated v. THE CITY OF NEW YORK, ERIC ADAMS, AS
MAYOR, THE NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION, SUE
DONOGHUE, AS COMMISSIONER, Case No. 1:24-cv-02814 (E.D.N.Y., April
15, 2024), is brought pursuant to the Fair Labor Standards Act
("FLSA") and the New York Labor Law ("NYLL"), and seeking from
Defendant: unpaid overtime wages, unpaid wages due to off-the-clock
work, liquidated damages, and attorneys' fees and costs.
The Plaintiffs worked five days per week from around 5:30 a.m. to
3:00 p.m. with a 30-minute lunch break for a total of forty-five
(45) hours per week. However, the Plaintiffs were only paid for a
total of 40 hours per week. The Defendants knowingly and willfully
operated with a policy of failing to pay the full amount of regular
and overtime wages for off-the-clock work to Plaintiffs, FLSA
Collective Members and Class Members, in violation of the FLSA and
NYLL, says the complaint.
The Plaintiffs worked for DPR as climbers and pruners.
New York City is, among other things, an incorporated municipality
of the State of New York.[BN]
The Plaintiffs are represented by:
William Brown, Esq.
Angela Kwon, Esq.
BROWN, KWON & LAM LLP
521 Fifth Avenue, 17th Floor
New York, NY 10175
Phone: (718) 971-0326
Fax: (718) 795-1642
Email: akwon@bkllawyers.com
wbrown@bkllawyers.com
NORDICTRACK INC: Case Deadlines in Barclay Stayed Until June 17
---------------------------------------------------------------
In the class action lawsuit captioned as Teeda Barclay, Nicole
Nordick, and Jay Ovsak, individually and on behalf of all others
similarly situated, v. NordicTrack, Inc., and iFit Health &
Fitness, Inc., formerly known as Icon Health & Fitness, Inc., Case
No. 0:19-cv-02970-ECT-DJF (D. Minn.), the Hon. Judge Eric C.
Tostrud entered an order granting Parties' joint motion to modify
case schedule as follows:
1. All deadlines in this case are stayed from the date of this
Order until June 17, 2024.
2. The pending motions for summary judgment and class
certification
are denied without prejudice to being refiled on or before
July
17, 2024, in the same form and with the same content as
previously filed if the case does not settle. The parties may
seek additional extensions of these deadlines based on a
showing
of good cause.
3. The hearing scheduled for April 22, 2024, is canceled. It
will
be rescheduled, if necessary, after the refiling of the
summary-
judgment and class-certification motions.
The parties have established good cause to warrant granting their
request, though the Court's interest in meeting its CJRA
obligations requires granting the Joint Motion on somewhat
different terms than the parties proposed.
NordicTrack is an American company that manufactures treadmills,
strength training equipment, ellipticals, exercise bikes, and
accessories.
A copy of the Court's order dated April 18, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=xhKUcq at no extra
charge.[CC]
NOVA HOME: Filing of Class Cert Opposition in Savinova Due May 3
----------------------------------------------------------------
In the class action lawsuit captioned as Savinova, et al., v. Nova
Home Care, LLC, et al., Case No. 3:20-cv-01612 (D. Conn., Filed
Oct. 27, 2020), the Hon. Judge Sarala V. Nagala entered an order
directing the parties to file oppositions to the motions for
reconsideration and second motion for class certification at ECF
Nos. 202 through 205 by May 3, 2024.
Replies may be filed by May 17, 2024, said the Court.
The suit alleges violation of the Fair Labor Standards Act (FLSA)
involving denial of overtime compensation.
Nova offers a wide range of home health aide services to
individuals.[CC]
NUGS.NET ENTERPRISES: Discovery Schedule Entered in McKay Suit
--------------------------------------------------------------
In the class action lawsuit captioned as SARAH MCKAY, v. NUGS.NET
ENTERPRISES, INC., Case No. 3:23-cv-01900-RFL (N.D. Cal.), the Hon.
Judge Lisa Cisneros entered an order setting the following
discovery schedule:
Event Deadline
Defendant produces next 150,000 pages of May 3, 2024
documents and first interim privilege log,
if necessary.
Defendant produces next 150,000 pages of May 23, 2024
documents and second interim privilege log,
if necessary.
Defendant substantially completes production June 6, 2024
of all documents responsive to Plaintiff's first
set of requests for production.
Defendant substantially completes production Aug. 16, 2024
of all documents.
Parties to complete pre-class certification Jan. 6, 2025
depositions.
The Plaintiff flags for the Court a potential ESI dispute as to
additional search strings, including strings related to the terms
"user," "subsci!" and "track." The dispute is not ripe for
resolution, as the parties have not yet met and conferred on the
matter. The parties shall meet and confer by April 23, 2024, and if
they do not resolve the dispute, they shall file a joint discovery
letter (in compliance with the Court’s Standing Order) by April
29, 2024.
The parties are admonished that the Court will not hesitate to
order them to meet and confer in person at the San Francisco
Courthouse, if it believes that they are unable to work together
productively.
On March 28, 2024, the Court ordered the parties to submit a joint
status report no later than April 9, 2024, with any updates
concerning all orders resulting from the March 21, 2024 Discovery
Status Conference.
On April 9, 2024, the parties filed a Joint Status Report on
Discovery and Proposals for a Discovery Schedule.
The parties ultimately did not submit a joint discovery schedule
and instead submitted competing proposals.
Nugs.net is a company which develops music apps for iPhone.
A copy of the Court's order dated April 18, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=eymRKG at no extra
charge.[CC]
OLLIE'S BARGAIN: Seeks to File Portions of Opposition Under Seal
----------------------------------------------------------------
In the class action lawsuit captioned as Pauli v. Ollie's Bargain
Outlet, Inc., Case No. 5:22-cv-00279-MAD-ML (N.D.N.Y.), the
Defendant asks the Court to enter an order granting its request to
file portions of its opposition papers under seal and have them
removed from the docket.
The Defendant will send the proposed sealed materials to the Court
via Federal Express and to the Plaintiffs electronically.
A Proposed Order permitting the Defendant to file the Proposed
Sealed Material under seal and removed from the docket is attached
hereto as Exhibit A.
On April 29, 2023, the parties entered a Confidentiality Agreement
to protect the disclosure of information exchanged during the
course of this litigation. Magistrate Miroslav Lovric signed the
Confidentiality Agreement on April 30, 2023.
Pursuant to the Confidentiality Agreement and N.D.N.Y. L.R. 5.3,
the Defendant requests that this Court permit the Defendant to file
the following exhibits inadvertently filed to be filed under seal
and have them removed from the docket (the "Proposed Sealed
Materials"):
Exhibit Description
Exhibit M Ollie's Door to Floor in 24 Policy
Exhibit P Examples of Emails approving OT
Exhibit Q Examples of Emails-Off Hours Staff Issues
Exhibit R Examples of Freight Slayer Photos
Exhibit S Olliewood Award
Ollie's Bargain is an American chain of discount closeout
retailers.
A copy of the Defendant's motion dated April 16, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=xWC4sy at no extra
charge.[CC]
The Defendant is represented by:
Kathleen McLeod Caminiti, Esq.
FISHER & PHILLIPS LLP
430 Mountain Avenue, Suite 303
Murray Hill, NJ 07974
Telephone: (908) 516-1050
Facsimile: (908) 516-1051
E-mail: kcaminiti@fisherphillips.com
OMNICELL INC: Garcia Suit Removed to N.D. California
----------------------------------------------------
The case captioned as Luis Gomez, on behalf of himself and others
similarly situated v. OMNICELL, INC., a Delaware corporation;
JOHNSON SERVICE GROUP, a Delaware corporation; and DOES 1 through
50, inclusive, Case No. 24CV432995 was removed from the Superior
Court of the State of California for the County of Santa Clara, to
the United States District Court for the Northern District of
California on April 12, 2024, and assigned Case No. 3:24-cv-02205.
The Complaint brings putative class claims for alleged: Failure to
Pay Minimum Wages; Failure to Pay Wages and Overtime Under Labor
Code; Meal-Period Liability Under Labor Code; Rest-Break Liability
Under Labor Code; Violation of Labor Code; Failure to Keep Required
Payroll Records Under Labor Code; Penalties Pursuant to Labor Code;
and Violation of Bus. & Prof. Code.[BN]
The Defendants are represented by:
Robert R. Roginson, Esq.
Ryan H. Crosner, Esq.
Chloe S. Chang, Esq.
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
400 South Hope Street, Suite 1200
Los Angeles, CA 90071
Phone: 213-239-9800
Facsimile: 213-239-9045
Email: robert.roginson@ogletree.com
ryan.crosner@ogletree.com
chloe.chang@ogletree.com
ORCHARD TAYLOR: Espinal Sues Over Minimum, Overtime Wages
---------------------------------------------------------
Reynaldo Espinal, on behalf of himself and all others similarly
situated v. THE ORCHARD TAYLOR SERVICE CORP., PLACIDO FABIAN and
ARACELIS NUNEZ, Case No. 1:24-cv-02832 (S.D.N.Y., April 15, 2024),
is brought for violations to the Fair Labor Standards Act ("FLSA")
and the New York Labor Law ("NYLL"), and to remedy violations of
the wage and-hour provisions of Defendants as a result of the
Defendants failure to pay minimum and overtime wages.
During his employment with Defendants, Plaintiff worked five days
per week, being off Thursdays and Sundays, from 9:00 a.m. until
6:00 p.m. In exchange for his services, Plaintiff was paid $500 per
week, which salary was intended to cover only the first forty hours
of employment. The Defendants failed to pay Plaintiff the
applicable minimum and overtime rates in compliance with the FLSA
and NYLL, says the complaint.
The Plaintiff was employed as a laborer and tailor from July 6,
2022 through January 27, 2024.
Orchard is a domestic corporation in the restaurant industry.[BN]
The Plaintiff is represented by:
Yale Pollack, Esq.
LAW OFFICES OF YALE POLLACK, P.C.
66 Split Rock Road
Syosset, NY 11791
Phone: (516) 634-6340
Email: ypollack@yalepollacklaw.com
PANERA LLC: Tate Suit Removed to C.D. California
------------------------------------------------
The case captioned as Lakema Tate, on behalf of herself and all
others similarly situated and the public v. PANERA LLC, a Delaware
limited liability company; KYM KANOW, an individual; and DOES 1
through 50, inclusive, Case No. 24STCV05676 was removed from the
Superior Court of California, County of Los Angeles, to the United
States District Court for the Central District of California on
April 12, 2024, and assigned Case No. 2:24-cv-03007.
The Complaint alleges that Panera engaged in misleading and/or
deceitful advertising practices because Panera labeled its Sprouted
Grain Bagel Flat (the "Product") with the words "sprouted grain,"
although sprouted grains were allegedly not "the primary or
exclusive source of grain" in the bagel. The Plaintiff asserts
causes of action for: violation of the Consumer Legal Remedies Act;
violation of the False Advertising Law and violation of the Unfair
Competition Law.[BN]
The Defendants are represented by:
Ruth M. Kwon, Esq.
KELLEY DRYE & WARREN LLP
350 South Grand Avenue, Suite 3800
Los Angeles, CA 90071
Phone: (213) 547-4900
Facsimile: (213) 547-4901
Email: RKwon@kelleydrye.com
PENSKE TRUCK: Cabral's Bid to Vacate Class Cert. Deadline OK'd
--------------------------------------------------------------
In the class action lawsuit captioned as Sergio Cabral,
individually and on behalf of all others similarly situated, V.
PENSKE TRUCK LEASING CO., L.P., Case No. 1:23-cv-01316-KM (M.D.
Pa.), the Hon. Judge Karoline Mehalchick entered an order granting
the Plaintiff's unopposed motion to vacate class certification
deadline:
-- The deadline for Plaintiff to file his motion for class
certification is vacated, with a new deadline to be set after
the
resolution of Defendant's pending Motion to Dismiss, if
necessary.
Penske operates a truck rental and leasing company.
A copy of the Court's order dated April 16, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=9t1xBD at no extra
charge.[CC]
PERMIAN RESOURCES: Foos Sues Over Fixing and Raising Price
----------------------------------------------------------
Matthew E. Foos, Andrew A. Hund, Michael B Ackerman, Jarrod
Johnson, And Mackey and Sons Inc. on behalf of themselves and all
others similarly situated v. PERMIAN RESOURCES CORP. F/K/A
CENTENNIAL RESOURCE DEVELOPMENT, INC.; CHESAPEAKE ENERGY
CORPORATION; CONTINENTAL RESOURCES INC.; DIAMONDBACK ENERGY, INC.;
EOG RESOURCES, INC.; HESS CORPORATION; OCCIDENTAL PETROLEUM
CORPORATION; and PIONEER NATURAL RESOURCES COMPANY, Case No.
1:24-cv-00361 (D.N.M., April 15, 2024), is brought arising from the
Defendants' conspiracy to coordinate, and ultimately constrain,
domestic shale oil production, which has had the effect of fixing,
raising, and maintaining the price of retail gasoline (gasoline
purchased by consumers at gas stations) in and throughout the
United States of America and to recover treble damages, injunctive
relief, and other relief as appropriate, based on violations of the
Sherman Act and state antitrust and consumer protection laws by the
Defendants.
Shale oil, along with other crude oil, is sold to refineries.
Refineries co-mingle shale oil produced by Defendants with other
shale oil, as well as crude oil extracted from traditional drilling
methods, then refine the crude oil into gasoline and other
petroleum-based products. Crude oil is the primary upstream input
in gasoline. The resulting gasoline is then transported to storage
terminals, where it is stored and blended prior to sale to gas
stations for onward sale to members of the Class. The Defendants
are among the largest Independents. Independents traditionally act
as "swing producers" for the global oil market, with the ability to
adjust shale oil production levels rapidly in response to changes
in market conditions and push, or "swing," the price of crude oil.
The U.S. experienced record-high crude oil prices beginning on or
around January 2021, continuing through the present. Basic
principles of supply and demand dictate that in their role as swing
producers, Defendants should have increased production to
capitalize on this price rise. Instead, Defendants collectively
decided not to increase their U.S. shale oil production. The
Defendants' agreement is complimented by their cooperation and
collusion with the Organization of the Petroleum Exporting
Countries ("OPEC"), the international cartel of large oil producing
nations, who also sought to raise oil prices through managing oil
production during this period.
Between 2017 and 2023, Defendants met and communicated regularly
with each other, and with OPEC, to coordinate their collective oil
output in response to market conditions. Following these meetings,
representatives from Defendants consistently made public statements
confirming these discussions and the exchange of confidential
information. Specifically, Defendants also confirmed that they
discussed with each other and OPEC their production strategies,
future investment plans, and price targets. Likewise, when publicly
discussing their meetings with Defendants, OPEC officials praised
the cooperative nature of their developing relationship with
Defendants.
Gasoline demand, and thereby oil prices, recovered and ultimately
began increasing at a rapid rate in 2021. The increase in the price
of crude oil following COVID-19 was exacerbated by the Russian
invasion of Ukraine in late February 2022, which led to sanctions
that largely sequestered Russian oil from the global market. This
extended run of historically high crude oil prices provided prime
market conditions for agile swing producers like Defendants –
whose breakeven prices have never been lower and who operate in
regions with a wealth of profitable opportunities - to aggressively
increase production.
But Defendants did not take advantage of this market opportunity.
Rather, departing from their historical practice and rational
independent self-interest, each Defendant limited their domestic
shale production growth. Defendants' agreement to limit their
respective shale production volumes has had the effect of fixing
and/or stabilizing at an artificially high-level U.S. (and global)
crude oil prices, which in turn fixed and/or stabilized retail
gasoline prices in the United States at an artificially high
level.
The Defendants' cartel is a per se unlawful restraint of trade
under numerous state antitrust and competition laws. Plaintiffs and
the Classes suffered substantial harm from the supracompetitive
prices they paid for retail gasoline for personal use as a direct
and proximate result of the cartel to constrain domestic production
of shale oil in the United States. They bring this suit to recover
that loss, says the complaint.
The Plaintiffs purchased retail gasoline during the Class Period
for personal use.
Permian Resources Corporation, known as Centennial Resource
Development is an oil and gas production company that acquires and
processes shale oil in Texas and New Mexico before selling the
resulting shale oil into the U.S. domestic market where it is
refined and disseminated across the country.[BN]
The Plaintiff is represented by:
Christopher A. Dodd, Esq.
DODD LAW OFFICE, LLC
500 Marquette Avenue NW, Suite 1330
Albuquerque, New Mexico 87102
Phone: (505) 475-2932
Email: chris@doddnm.com
- and -
Warren T. Burns, Esq.
Daniel H. Charest, Esq.
BURNS CHAREST LLP
900 Jackson Street, Suite 500
Dallas, TX 75202
Phone: (469) 904-4550
Email: wburns@burnscharest.com
dcharest@burnscharest.com
- and -
Korey Nelson, Esq.
BURNS CHAREST LLP
365 Canal Street, Suite 1170
New Orleans, Louisiana 70130
Phone: (504) 799-7845
Email: knelson@burnscharest.com
- and -
Rex A. Sharp, Esq.
Isaac L. Diel, Esq.
W. Greg Wright, Esq.
Brandon C. Landt, Esq.
Hammons P. Hepner, Esq.
SHARP LAW LLP
4820 W. 75th Street
Prairie Village, KS 66208
Phone: (913) 901-0505
Email: rsharp@midwest-law.com
idiel@midwest-law.com
gwright@midwest-law.com
blandt@midwest-law.com
hhepner@midwest-law.com
- and -
Steven N. Williams, Esq.
Gerald S. Williams, Esq.
Kai'Ree K. Howard, Esq.
STEVEN WILLIAMS LAW, P.C.
201 Spear Street, Suite 1100
San Francisco, California 94105
Phone: 415-697-1509
Email: swilliams@stevenwilliamslaw.com
gwilliams@stevenwilliamslaw.com
khoward@stevenwilliamslaw.com
PFIZER INC: Riccio Suit Transferred to E.D. New York
----------------------------------------------------
The case styled as Rose Riccio, on behalf of himself individually
and on behalf of all others similarly situated v. Pfizer, Inc.,
Case No. 1:23-cv-13843 was transferred from the U.S. District Court
for the Northern District of Illinois, to the U.S. District Court
for the Eastern District of New York on April 11, 2024.
The District Court Clerk assigned Case No. 1:24-cv-02795-BMC to the
proceeding.
The nature of suit is stated as Fraud or Truth-In-Lending for
Account Receivable.
Pfizer, Inc. -- https://www.pfizer.com/ -- is one of the world's
largest research-based pharmaceutical and biomedical
companies,.[BN]
The Plaintiff is represented by:
Gary M. Klinger, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
227 W. Monroe Street, Suite 2100
Chicago, IL 60606
Phone: (866) 252-0878
Email: gklinger@milberg.com
- and -
Nick Suciu III, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
6905 Telegraph Rd., Suite 115
Bloomfield Hills, MI 48301
Phone: (313) 303-3472
Email: nsuciu@milberg.com
- and -
Jeff Ostrow, Esq.
Jonathan M. Streisfeld, Esq.
Kristen Lake Cardoso, Esq.
Daniel Tropin, Esq.
KOPELOWITZ OSTROW P.A.
One West Las Olas Blvd., Suite 500
Fort Lauderdale, FL 33301
Phone: (954) 525-4100
Email: ostrow@kolawyers.com
streisfeld@kolawyers.com
cardoso@kolawyers.com
- and -
Melissa S. Weiner, Esq.
Ryan J. Gott, Esq.
PEARSON WARSHAW, LLP
328 Barry Avenue South, Suite 200
Wayzata, MN 55391
Phone: (612) 389-0600
Email: mweiner@pwfirm.com
rgott@pwfirm.com
- and -
Erin Ruben, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC
900 W. Morgan Street
Raleigh, NC 27603
Phone: (919) 600-5000
Email: eruben@milberg.com
- and -
J. Hunter Bryson, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
405 E 50th Street
New York, NY 10022
Phone: (630) 796-0903
Email: hbryson@milberg.com
- and -
Karl Amelchenko, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
900 W. Morgan Street
Raleigh, NC 27603
Phone: (919) 600-5000
Email: kamelchenko@milberg.com
- and -
Jimmy Mintz, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
201 Sevilla Ave., 2nd Floor
Coral Gables, FL 33134
Phone: (786) 876-8200
Email: jmintz@milberg.com
PLANTRONICS INC: Trubnikov, et al., Seek to Seal Documents
----------------------------------------------------------
In the class action lawsuit re. Plantronics, Inc. Securities
Litigation, Case No. 4:19-cv-07481-JST (N.D. Cal.), Mr. Trubnikov
and and Roofers' Pension Fund's designated deponent, Mr. Gary
Menzel, ask the Court to enter an order granting Plaintiff's
administrative motion to seal the following documents:
1. Certain portions of Exhibits A and B to the Joint Reply
Declaration of Sean R. Matt and Lauren Ormsbee in Support of
Lead Plaintiffs' Reply in Support of Their Motion for
Class Certification; and
2. One sentence of quoted deposition testimony from Mr. Menzel
in
Lead Plaintiffs' Reply in Support of Their Motion for Class
Certification.
Plantronics is an American electronics company, producing audio
communications equipment for business and consumers.
A copy of the Plaintiffs' motion dated April 18, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=W7wE4L at no extra
charge.[CC]
The Plaintiffs are represented by:
Reed R. Kathrein, Esq.
Steve W. Berman, Esq.
Sean R. Matt, Esq.
Joseph M. Kingerski, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
715 Hearst Avenue, Suite 202
Berkeley, CA 94710
Telephone: (510) 725-3000
Facsimile: (510) 725-3001
E-mail: reed@hbsslaw.com
steve@hbsslaw.com
sean@hbsslaw.com
joeyk@hbsslaw.com
- and -
Lauren A. Ormsbee, Esq.
William E. Freeland, Esq.
Alexander M. Noble, Esq.
Jonathan D. Uslaner, Esq.
BERNSTEIN LITOWITZ BERGER
& GROSSMANN LLP
1251 Avenue of the Americas
New York, NY 10020
Telephone: (212) 554-1400
Facsimile:(212) 554-1444
E-mail: lauren@blbglaw.com
alex.payne@blbglaw.com
billy.freeland@blbglaw.com
alexander.noble@blbglaw.com
jonathanu@blbglaw.com
PREMIUM VELOCITY: Williams Seeks to Certify FLSA Collective Action
------------------------------------------------------------------
In the class action lawsuit captioned as DARREN LAMONT WILLIAMS,
individually, and on behalf of himself and others similarly
situated current and former employees, v. PREMIUM VELOCITY AUTO,
LLC, Case No. 3:23-cv-00901 (M.D. Tenn.), the Plaintiff asks the
Court to enter an order:
(1) authorizing this case to proceed as a Fair Labor Standards
Act
("FLSA") collective action for overtime violations on behalf
of
similarly situated hourly-paid non-exempt lube
technicians/customer service advisors;
(2) directing the Defendant to immediately provide the
Plaintiff's
counsel a computer-readable file containing the names (last
names first), last known physical addresses, last known
email
addresses, social security numbers, dates of employment, and
last known telephone numbers of all putative class members;
(3) providing that the Court-approved notice be posted at all of
the Defendant's locations where putative class members work,
as
well as be mailed and emailed to the putative class;
(4) tolling the statute of limitations for the putative class as
of
the date this is fully briefed; and
(5) requiring that the opt-in plaintiffs' Consent to Join Forms
be
deemed "filed" on the date they are postmarked.
A copy of the Plaintiff's motion dated April 16, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=4V8pkR at no extra
charge.[CC]
The Plaintiff is represented by:
Gordon E. Jackson, Esq.
J. Russ Bryant, Esq.
James L. Holt, Jr., Esq.
J. Joseph Leatherwood IV, Esq.
JACKSON, SHIELDS, YEISER, HOLT
OWEN & BRYANT
262 German Oak Drive
Memphis, TN 38018
Telephone: (901) 754-8001
Facsimile: (901) 754-8524
E-mail: gjackson@jsyc.com
rbryant@jsyc.com
jholt@jsyc.com
jleatherwood@jsyc.com
QUEST DIAGNOSTICS: Court Stays Sanchez Case
-------------------------------------------
In the class action lawsuit captioned as Hector Omar Sanchez v.
Quest Diagnostics Incorporated et al., Case No. 2:23-cv-04091-MAA
(C.D. Cal.), the Hon. Judge Maria Audero entered an order regarding
joint stipulation to continue date for motion for class
certification and related dates:
(1) To allow the parties a fulsome opportunity to mediate the
case,
the Court sua sponte stays the case. This stay does not
alter
the Sept. 1, 2024 ADR deadline or the Sept. 15, 2024 ADR
status
report deadline. All other deadlines are vacated, and will
be
reset if the case does not settle.
(2) The Joint Stipulation is denied as moot.
(3) The Court directs the Clerk to administratively close the
action (JS-6). The sole effect of administrative closure is
to
remove the action from the Court's active docket for
record-
keeping purposes. Administrative closure does not affect the
merits of the Plaintiff's claims and does not prejudice any
party to this action. The Court retains jurisdiction over
this
action.
Quest is an American clinical laboratory.
A copy of the Court's order dated April 18, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=4APIOs at no extra
charge.[CC]
REBEL STORES INC: Robey Files TCPA Suit in C.D. California
----------------------------------------------------------
A class action lawsuit has been filed against Rebel Stores, Inc.
The case is styled as Quierra Robey, on behalf of herself and those
similarly situated v. Rebel Stores, Inc., Case No. 5:24-cv-00787
(C.D. Cal., April 15, 2024).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Rebel Stores -- https://www.rebelstores.com/ -- is a company that
operates in the Retail industry..[BN]
The Plaintiff is represented by:
Gustavo Ponce, Esq.
KAZEROUNI LAW GROUP APC
245 Fischer Avenue Unit D1
Costa Mesa, CA 92626
Phone: (800) 400-6808
Fax: (800) 520-5523
Email: gustavo@kazlg.com
RED BARN COFFEE: Desmosthenes Files Suit in Mass. Super. Ct.
------------------------------------------------------------
A class action lawsuit has been filed against Red Barn Coffee
Roasters, Inc., et al. The case is styled as Emmanuella
Desmosthenes individually and on behalf of those similarly situated
v. Red Barn Coffee Roasters, Inc., Mark Verrochi, Case No.
2485CV00433 (Mass. Super. Ct., Worcester Cty., April 12, 2024).
The case type is stated as "Contract / Business Cases."
Red Barn Coffee Roasters, Inc. -- https://redbarncoffee.com/ -- is
a Massachusetts based roasters of high quality 100% Arabica
specialty coffees.[BN]
The Plaintiff is represented by:
Raven Moeslinger, Esq.
Nicholas F. Ortiz, Esq.
Matthew D. Patton, Esq.
LAW OFFICE OF NICHOLAS F. ORTIZ, P.C.
One Boston Place, Suite 2600
Boston, MA 02108
Phone: (617) 338-9400
REGULATORY DATACORP: Carr Seeks Class Certification
---------------------------------------------------
In the class action lawsuit captioned as JEFFREY N. CARR, SR., on
behalf of himself and all others similarly situated, v. REGULATORY
DATACORP, INC. and BUREAU VAN DIJK ELECTRONIC PUBLISHING, INC.,
Case No. 2:22-cv-02139-MRP (E.D. Pa.), the Plaintiff asks the Court
to enter an order, pursuant to Federal Rule of Civil Procedure 23,
to certify class action.
Regulatory DataCorp provides comprehensive risk and compliance
protection services.
A copy of the Plaintiff's motion dated April 18, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=sfjlL6 at no extra
charge.[CC]
The Plaintiff is represented by:
James A. Francis, Esq.
John Soumilas, Esq.
Lauren KW Brennan, Esq.
FRANCIS MAILMAN SOUMILAS, PC
1600 Market Street, Suite 2510
Philadelphia, PA 19103
Telephone: (215) 735-8600
E-mail: jfrancis@consumerlawfirm.com
jsoumilas@consumerlawfirm.com
- and -
Justin T. Holcombe, Esq.
James M. Feagle, Esq.
SKAAR &FEAGLE, LLP
133 Mirramont Lake Drive
Woodstock, GA 30189
Telephone: (770) 427-5600
E-mail: jholcombe@skaarandfeagle.com
jfeagle@skaarandfeagle.com
- and -
Alexander H. Burke, Esq.
BURKE LAW OFFICES, LLC
909 Davis Street, Suite 500
Evanston, IL 60201
Telephone: (312) 729-5288
E-mail: ABurke@BurkeLawLLC.com
REGUS MANAGEMENT: Jara Suit Removed to N.D. California
------------------------------------------------------
The case captioned as Sara Jara, an individual and on behalf of all
others similarly situated v. REGUS MANAGEMENT GROUP, LLC, a
Delaware limited liability company; BONNIE FISHER, an individual;
and DOES 1 through 100, inclusive, Case No. 23CV01903 was removed
from the California Superior Court in and for Sonoma County, to the
United States District Court for the Northern District of
California on April 12, 2024, and assigned Case No. 3:24-cv-02206.
The Plaintiff alleges Regus did not pay appropriate overtime wages
"at times" throughout the class period, but does not allege any
facts about the alleged violation.[BN]
The Defendants are represented by:
E. Joseph Connaughton, Esq.
Christina Rea Snider, Esq.
Trentan Cunningham, Esq.
QUARLES & BRADY LLP
101 West Broadway, Ninth Floor
San Diego, CA 92101-8285
Phone: 619-237-5200
Facsimile: 619-615-0700
Email: joe.connaughton@quarles.com
christina.snider@quarles.com
trent.cunningham@quarles.com
RUSSELL INVESTMENT: Johnson Must File Reply by May 17
-----------------------------------------------------
In the class action lawsuit captioned as Johnson v. Russell
Investment Management LLC, Case No. 1:22-cv-21735 (S.D. Fla., Filed
June 7, 2022), the Hon. Judge Robert N. Scola, Jr. entered an order
granting the parties' joint motion of an extension of time to
respond and reply to the Plaintiff's motion for class
certification.
-- The Defendants must file their response to the motion on or
before
April 26, 2024.
-- The Plaintiff must file her reply on or before May 17, 2024.
-- Further extensions of the briefing of this motion will not be
considered absent a bona fide emergency.
The suit alleges violation of the Employee Retirement Income
Security Act (ERISA) involving breach of fiduciary duties.
Russell operates as an investment management firm.[CC]
SAFE HAVEN SECURITY: Lukman Suit Removed to C.D. California
-----------------------------------------------------------
The case captioned as Ryan Lukman, an individual and on behalf of
all others similarly situated v. SAFE HAVEN SECURITY SERVICES, LLC,
a Missouri limited liability company; and DOES 1 through 100,
inclusive; Case No. CVRI2400777 was removed from the Superior Court
of the State of California in and for the County of Riverside, to
the United States District Court for the Central District of
California on April 12, 2024, and assigned Case No. 5:24-cv-00770.
The Complaint is a putative class action alleging the following
causes of action: failure to pay minimum wages; failure to pay all
overtime wages; failure to provide meal periods; failure to
authorize and permit rest periods; failure to comply with itemized
employee wage statement provisions; failure to pay all wages due at
time of termination of employment; failure to reimburse expenses;
and violation of unfair competition law.[BN]
The Defendants are represented by:
Jordan C. Lee, Esq.
Stacey M. Shim, Esq.
POLSINELLI LLP
2049 Century Park East, Suite 2900
Los Angeles, CA 90067
Phone: (310) 556-1801
Facsimile: (310) 556-1802
Email: jclee@polsinelli.com
sshim@polsinelli.com
SANDUSKY, OH: Must Oppose Plaintiffs' Class Cert Bid by May 7
-------------------------------------------------------------
In the class action lawsuit captioned as Blake McGory, et al., v.
City of Sandusky, Ohio, Case No. 3:24-cv-00567-JJH (N.D. Ohio), the
Hon. Judge Jeffrey Helmick entered an order affirming previous
Order requiring Defendant to file any opposition to Plaintiffs'
motion for class certification by May 7, 2024, and Plaintiffs to
file any reply no later than May 21, 2024.
The Defendant removed this action from the Erie County, Ohio Court
of Common Pleas on March 27, 2024. After the case was removed, the
Plaintiffs filed a Second Amended Complaint.
The Defendant filed an Answer to this Second Amended Complaint on
April 16, 2024. Within the Answer, the Defendant adds a postscript
motion to dismiss, arguing Plaintiffs' Second Amended Complaint
should not be considered because they did not first seek leave
under Rule 15 of the Federal Rules of Civil Procedure.
The operative pleadings in this action are now Plaintiffs' Second
Amended Complaint and Defendant's Answer to it.
Sandusky is an Ohio city on the shores of Lake Erie. It's known for
its family attractions, including water, wildlife and amusement
parks.
A copy of the Court's order dated April 17, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=zVuEtt at no extra
charge.[CC]
SCHUERGER CO: Fact Discovery in Timmerberg Due Dec. 16
------------------------------------------------------
In the class action lawsuit captioned as JAMES TIMMERBERG, v. LAW
OFFICES OF ROBERT A. SCHUERGER CO., LPA., Case No. 4:22-cv-02298-SO
(N.D. Ohio), the Hon. Judge Solomon Oliver, Jr. entered an order
setting the cut-off date for fact discovery for Dec. 16, 2024.
-- The deadline for Plaintiff to designate his Nov. 18,
2024
expert witnesses, if any, is:
-- The deadline for Defendant to designate Dec. 18,
2024
rebuttal experts is:
The Defendant provides full service legal advice.
A copy of the Court's order dated April 16, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=9jS3fb at no extra
charge.[CC]
SEWON AMERICA: Parties Seek More Time to File Class Cert Bid
------------------------------------------------------------
In the class action lawsuit captioned as JIMMY RUIZ HEREDIA AND
EDGAR EMMANUEL SERRANO MONDRAGON, individually and on behalf of all
others similarly situated, v. SEWON AMERICA, INC., AND TOTAL
EMPLOYEE SOLUTION, LLC individually, Case No. 3:24-cv-00050-TCB-RGV
(N.D. Ga.), the Parties ask the Court to enter an order permitting
the Plaintiffs to file motion for class certification pursuant to
Federal Rule of Civil Procedure 23 and Local Rule 21.1(B) within
180 days after all the Defendants have filed an Answer to the
Complaint or defaulted.
The Plaintiffs filed their Class Action Complaint on March 15,
2024.
Sewon is an automobile Auto body parts manufacturing plant.
A copy of the Parties' motion dated April 17, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=BV7GvM at no extra
charge.[CC]
The Plaintiffs are represented by:
Brian J. Sutherland, Esq.
Rachel Berlin Benjamin, Esq.
BEAL SUTHERLAND BERLIN &
BROWN LLC
945 East Paces Ferry Rd NE, Suite 2000
Atlanta, GA 30326
Telephone: (404) 476-5305
E-mail: brian@beal.law
rachel@beal.law
- and -
Justin Beecher Connell, Esq.
Andrew Cassidy Suarez, Esq.
ELARBEE, THOMPSON, SAPP &
WILSON, LLP
800 International Tower
229 Peachtree St., N.E.
Atlanta, GA 30303-1614
Telephone: (404) 659-6700
E-mail: connell@elarbeethompson.com
suarez@elarbeethompson.com
The Defendants are represented by:
Jon M. Gumbel, Esq.
Michael L. Lucas, Esq.
Marcel L. Debruge, Esq.
Ingu Hwang, Esq.
Allison Hawkins, Esq.
BURR & FORMAN LLP
1075 Peachtree Street NE, Suite 3000
Atlanta, GA 30309
Telephone: (404) 815-3000
Facsimile: (404) 817-3244
E-mail: jgumbel@burr.com
mlucas@burr.com
mdebruge@burr.com
ihwang@burr.com
ahawkins@burr.com
SFR3 RENOVATION: Thayer Sues Over Unpaid OT, Untimely Wage Payment
------------------------------------------------------------------
JOSEPH THAYER, individually and on behalf of all others similarly
situated Plaintiff v. SFR3 RENOVATION, LLC, Defendant, Case No.
5:24-cv-00624 (N.D. Ohio, April 5, 2024) arises from the
Defendant's alleged violations of the Fair Labor Standards Act, the
Ohio Minimum Fair Wage Standards Act, and the Prompt Pay Act.
The Plaintiff alleges the Defendant's failure to properly
compensate him and the FLSA Collective for all of their overtime
hours as required by the federal law. He also asserts that his
unpaid wages have remained unpaid for more than 30 days beyond his
regularly scheduled payday.
Plaintiff Thayer was hired by Defendant as a project manager in
October 2022, which was a salaried position. He was moved to a
property engineer position in April 2023, an hourly non-exempt
position, which he held until he resigned in January 2024.
SFR3 Renovation, LLC is a Delaware corporation that acquires,
renovates, and rents affordable homes through the South and
Midwest, including Ohio.[BN]
The Plaintiff is represented by:
Claire I. Wade, Esq.
Sean H. Sobel, Esq.
SOBEL, WADE & MAPLEY, LLC
65 Erieview Plaza, Suite 610
Cleveland, OH 44114
Telephone: (216) 223-7213
Facsimile: (216) 223-7213
E-mail: wade@swmlawfirm.com
sobel@swmlawfirm.com
SHAUN FERGUSON: Williams Suit Seeks to Certify Four Classes
-----------------------------------------------------------
In the class action lawsuit captioned as REMINGTYN A. WILLIAMS, et
al, v. SHAUN FERGUSON, et al., Case No. 2:21-cv-00852-DJP-MBN (E.D.
La.), the Plaintiffs will move the Court to certify this case as a
class action pursuant to Federal Rules of Civil Procedure 23(a),
23(b), and 23(c) on July 10, 2024.
The Plaintiffs bring this action on behalf of themselves and as
representatives of the following classes and/or subclasses:
The Injunctive Relief Class:
"All individuals present at or near the elevated portion of
Highway 90 (Business 90 Westbound) at Crescent City
Connection
in New Orleans, Louisiana, or the streets adjacent to or
surrounding the Crescent City Connection on June 3, 2020, at,
around, or shortly after 9:00 p.m., when the events described
in
paragraphs 69-132 of the Complaint took place, who may attend
or
attempt to attend protests in New Orleans, Louisiana in the
future."
The Personal Injury Class:
"All individuals present at or near the elevated portion of
Highway 90 (Business 90 Westbound) at Crescent City
Connection
in New Orleans, Louisiana, or the streets adjacent to or
surrounding the Crescent City Connection on June 3, 2020, at,
around, or shortly after 9:00 p.m., when the events described
in
paragraphs 69-132 of the Complaint took place, who incurred
any
injury, illness, or other impairments as a result of
Defendants'
actions."
The Female Injunctive Relief Class:
"All people with female reproductive organs, including
married
people, present at or near the elevated portion of Highway 90
(Business 90 Westbound) at Crescent City Connection in New
Orleans, Louisiana, or the streets adjacent to or surrounding
the Crescent City Connection on June 3, 2020, at, around, or
shortly after 9:00 p.m., when the events described in
paragraphs
69-132 of the Complaint took place, who wish to bear children
in
the future and who may attend or attempt to attend protests
in
New Orleans, Louisiana in the future."
The Female Personal Injury Class:
"All people with female reproductive organs, including
married
people, present at or near the elevated portion of Highway
90
(Business 90 Westbound) at Crescent City Connection in New
Orleans, Louisiana, or the streets adjacent to or
surrounding
the Crescent City Connection on June 3, 2020, at, around, or
shortly after 9:00 p.m., when the events described in
paragraphs 69-132 of the Complaint took place, who wish to
bear
children in the future and who incurred any injury, illness,
or
other impairments as a result of Defendants' actions.
A copy of the Plaintiffs' motion dated April 17, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=6wcp9n at no extra
charge.[CC]
The Plaintiffs are represented by:
Jahmy S. Graham, Esq.
Mary C. Biscoe-Hall, Esq.
NELSON MULLINS RILEY & SCARBOROUGH LLP
19191 S. Vermont Avenue, Suite 900
Torrance, CA 90502
Telephone: (424) 221-2700
E-mail: jahmy.Graham@nelsonmullins.com
mary.biscoehall@nelsonmullins.com
- and -
Erin Bridget Wheeler, Esq.
Stephanie Willis, Esq.
Nora Ahmed, Esq.
ACLU FOUNDATION OF LOUISIANA
1340 Poydras St., Suite 2160
New Orleans, LA 70156
Telephone: (504) 522-0628
E-mail: bwheeler@laaclu.org
swillis@laaclu.org
nahmed@laaclu.org
SHEET METAL WORKERS: Campa Seeks Initial Nod of Class Settlement
----------------------------------------------------------------
In the class action lawsuit captioned as STEPHEN CAMPA, v. BOARD OF
TRUSTEES OF THE SHEET METAL WORKERS PENSION PLAN OF NORTHERN
CALIFORNIA; BENESYS, INC., Case No. 3:23-cv-01760-MMC (N.D. Cal.),
the Plaintiff asks the Court to enter an order granting his motion
for preliminary approval of the parties' proposed class action
settlement, preliminary certification of a settlement class,
approval of the proposed class notice, and approval of the proposed
fairness hearing schedule.
Accordingly, on Dec. 10, 2018, Mr. Campa submitted an application
for an unreduced early retirement pension, and this application was
subsequently approved and paid for nearly four years.
The proposed class definition as pled in the Complaint consisted of
all retirees who had unreduced early retirement pensions
incorrectly approved due to the same error that resulted in Mr.
Campa's pension being approved, only to have their pensions
subsequently reduced when the error was discovered.
The Plaintiff Stephen Campa worked as a sheet metal worker for the
entirety of his career, he retired on Jan. 1, 2019 at age 59 with
20.25 vesting service credits in the Plan.
A copy of the Plaintiff's motion dated April 18, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=zdpWgJ at no extra
charge.[CC]
The Plaintiff is represented by:
James P. Keenley, Esq.
Emily A. Bolt, Esq.
Brian H. Kim, Esq.
BOLT KEENLEY KIM LLP
2855 Telegraph Ave., Suite 517
Berkeley CA 94705
Telephone: (510) 225-0696
Facsimile: (510) 225-1095
SMI IMAGING LLC: Thomas Files Suit in Cal. Super. Ct.
-----------------------------------------------------
A class action lawsuit has been filed against SMI IMAGING, LLC, et
al. The case is styled as Tamara Thomas, an individual, on behalf
of herself and on behalf of all persons similarly situated v. SMI
IMAGING, LLC, Does 1 through 50, Inclusive, Case No. CGC24613939
(Cal. Super. Ct., San Francisco Cty., April 15, 2024).
The case type is stated as "Other Non-Exempt Complaints."
SMI Imaging LLC provides diagnostic imaging services. The Company
offers MRI, CT scan, mammogram, ultrasound, bone density,
fluoroscopy, interventional radiology, and nuclear medicine.[BN]
The Plaintiff is represented by:
Nicholas James Blouw, Esq.
Christine T. Levu, Esq.
BLUMENTHAL NORDREHAUG BHOWMIK DE BLOUW
2255 Calle Clara
La Jolla, CA 92037-3107
Phone: 858-952-0354
Fax: 858-551-1232
Email: DeBlouw@bamlawca.com
christine@bamlawca.com
SOUTHSTATE BANK: Fails to Safeguard Customers' Info, King Says
--------------------------------------------------------------
CAIN KING, on behalf of himself and all others similarly situated,
Plaintiff v. SOUTHSTATE BANK, N.A., Defendant, Case No.
8:24-cv-00849-WFJ-SPF (M.D. Fla., April 5, 2024) is a class action
against Defendant for its failure to properly secure and safeguard
sensitive information of its customers including Plaintiff.
The Plaintiff's and Class Members' sensitive personal information
-- which they entrusted to Defendant on the mutual understanding
that Defendant would protect it against disclosure -- was targeted,
compromised and unlawfully accessed in a data breach. As a result
of the data breach, Plaintiff and Class Members have been exposed
to a heightened and imminent risk of fraud and identity theft. The
Plaintiff and Class Members must now and in the future closely
monitor their financial accounts to guard against identity theft,
says the suit.
Through this complaint, Plaintiff seeks to remedy these harms on
behalf of himself and all similarly situated individuals whose
personally identifiable information was accessed during the data
breach.
SouthState Bank, N.A. is a bank that operates more than 240
convenient branches and ATMs in Alabama, Florida, Georgia, North
Carolina, South Carolina and Virginia.[BN]
The Plaintiff is represented by:
Mariya Weekes, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
201 Sevilla Avenue, 2ND Floor
Coral Gables, FL 33134
Telephone: (786) 879-8200
E-mail: mweekes@milberg.com
- and -
Bryan L. Bleichner, Esq.
Philip J. Krzeski, Esq.
CHESTNUT CAMBRONNE PA
100 Washington Avenue South, Suite 1700
Minneapolis, MN 55401
Telephone: (612) 339-7300
Facsimile: (612)-336-2940
E-mail: bbleichner@chestnutcambronne.com
pkrzeski@chestnutcambronne.com
SOUTHSTATE BANK: Hart Files Suit in D. South Carolina
-----------------------------------------------------
A class action lawsuit has been filed against SouthState Bank,
N.A., et al. The case is styled as Christopher Hart, individually
and all others similarly situated v. SouthState Bank, N.A.,
SouthState Corporation, Case No. 2:24-cv-01905-RMG (D.S.C., April
12, 2024).
The nature of suit is stated as Other P.I. for Personal Injury.
SouthState -- https://www.southstatebank.com/personal -- is one of
the leading regional banks in the Southeast.[BN]
The Plaintiff is represented by:
Stuart H. McCluer, Esq.
MCCULLEY MCCLUER PLLC
701 East Bay Street, Suite 411
Charleston, SC 29403
Phone: (843) 444-5404
Email: smccluer@mcculleymccluer.com
SPOKEO INC: Hearing on Class Cert Bid Reset to May 22
-----------------------------------------------------
In the class action lawsuit captioned as AVIVA KELLMAN, JASON FRY,
NICHOLAS NEWELL, SUSAN GLEDHILL STEPHENS, BENNY GALLEGOS, and
SHELLY BOEDEKER, on behalf of themselves and all others similarly
situated, v. SPOKEO, INC., Case No. 3:21-cv-08976-WHO (N.D. Cal.),
the Hon. Judge William Orrick entered an order resetting the
hearing date for the Plaintiffs' motion for class certification for
May 22, 2024.
The Plaintiffs filed their class certification motion on May 5,
2023, along with two expert declarations from Dr. Michael Naaman
and Mr. Steven Weisbrot.
On Sept. 15, 2023, the Plaintiffs filed a supplement to their class
certification motion, together with a supplemental declaration from
Dr. Naaman.
On Feb. 16, 2024, the Plaintiffs filed oppositions to Spokeo's
motions to exclude the testimony and declarations of Dr. Naaman and
Mr. Weisbrot, and a reply in support of their motion for class
certification.
On March 15, 2024, Spokeo filed its opposition to Plaintiffs'
motion to exclude the testimony and declaration of Mr. Alfaro and
on March 29, 2024, Plaintiffs filed a reply in support of the
same.
The hearing on Plaintiffs' motion for class certification and the
parties' three motions to exclude the testimony and declarations of
their respective experts is currently scheduled for May 1, 2024 at
2:00 p.m. The parties have agreed, at Spokeo's request, to
reschedule that hearing to May 22, 2024 at 2:00 p.m. to accommodate
the schedule of its counsel. The proposed rescheduling will not
prejudice any party.
Spokeo is a people search website that aggregates data from online
and offline sources.
A copy of the Court's order dated April 17, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=m5fN7a at no extra
charge.[CC]
The Plaintiffs are represented by:
Michael F. Ram, Esq.
Marie N. Appel, Esq.
MORGAN & MORGAN
COMPLEX LITIGATION GROUP
711 Van Ness Avenue, Suite
500 San Francisco, CA 94102
Telephone: (415) 358-6913
Facsimile: (415) 358-6293
E-mail: mram@forthepeople.com
mappel@forthepeople.com
- and -
Sam Strauss, Esq.
Raina Borrelli, Esq.
TURKE & STRAUSS LLP
613 Williamson St., Suite 201
Madison, WI 53703-3515
Telephone: (608) 237-1775
Facsimile: (509) 4423
E-mail: sam@turkestrauss.com
raina@turkestrauss.com
The Defendant is represented by:
John Nadolenco, Esq.
Daniel D. Queen, Esq.
Jennifer M. Chang, Esq.
Max W. Hirsch, Esq.
MAYER BROWN LLP
333 South Grand Avenue, 47th Floor
Los Angeles, CA 90071
Telephone: (213) 229-9500
Facsimile: (213) 625-0248
E-mail: jnadolenco@mayerbrown.com
dqueen@mayerbrown.com
jchang@mayerbrown.com
mhirsch@mayerbrown.com
SPOKEO INC: Parties in Kellman Seek to Extend Class Cert Deadline
------------------------------------------------------------------
In the class action lawsuit captioned as AVIVA KELLMAN, JASON FRY,
NICHOLAS NEWELL, SUSAN GLEDHILL STEPHENS, BENNY GALLEGOS, and
SHELLY BOEDEKER, on behalf of themselves and all others similarly
situated, v. SPOKEO, INC., Case No. 3:21-cv-08976-WHO (N.D. Cal.),
the Parties file a joint stipulation to extend hearing date for the
Plaintiffs' motion for class certification as follows:
The hearing on Plaintiffs' motion for class certification and the
parties' motions to exclude the testimony and declarations of Dr.
Naaman, Mr. Weisbrot, and Mr. Alfaro will be set for May 22, 2024
at 2:00 p.m. or at a later date subject to the Court’s
availability.
The Plaintiffs filed their class certification motion on May 5,
2023, along with two expert declarations from Dr. Michael Naaman
and Mr. Steven Weisbrot.
On Sept. 15, 2023, the Plaintiffs filed a supplement to their class
certification motion, together with a supplemental declaration from
Dr. Naaman.
On Jan. 26, 2024, Spokeo filed its opposition to Plaintiffs’
motion for class certification, motions to exclude the testimony
and declarations of Dr. Naaman and Mr. Weisbrot, and an expert
declaration from Mr. David Alfaro.
On March 15, 2024, Spokeo filed its opposition to Plaintiffs'
motion to exclude the testimony and declaration of Mr. Alfaro and
on March 29, 2024, the Plaintiffs filed a reply in support of the
same.
Spokeo is a people search website that aggregates data from online
and offline sources.
A copy of Parties' motion dated April 16, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=zngIhZ at no extra
charge.[CC]
The Plaintiffs are represented by:
Michael F. Ram, Esq.
Marie N. Appel, Esq.
MORGAN & MORGAN
COMPLEX LITIGATION GROUP
711 Van Ness Avenue, Suite
500 San Francisco, CA 94102
Telephone: (415) 358-6913
Facsimile: (415) 358-6293
E-mail: mram@forthepeople.com
mappel@forthepeople.com
- and -
Sam Strauss, Esq.
Raina Borrelli, Esq.
TURKE & STRAUSS LLP
613 Williamson St., Suite 201
Madison, WI 53703-3515
Telephone: (608) 237-1775
Facsimile: (509) 4423
c E-mail: sam@turkestrauss.com
raina@turkestrauss.com
The Defendant is represented by:
John Nadolenco, Esq.
Daniel D. Queen, Esq.
Jennifer M. Chang, Esq.
Max w. Hirsch, Esq.
MAYER BROWN LLP
333 South Grand Avenue, 47th Floor
Los Angeles, CA 90071
Telephone: (213) 229-9500
Facsimile: (213) 625-0248
E-mail: jnadolenco@mayerbrown.com
dqueen@mayerbrown.com
jchang@mayerbrown.com
mhirsch@mayerbrown.com
SPOTIFY USA: Kellyman Sues Over Illegal Debt Collection Practices
-----------------------------------------------------------------
JAMAR KELLYMAN, individually and on behalf of all those similarly
situated, Plaintiff v. SPOTIFY USA INC., Defendant, Case No.
CACE-24-004753 (Fla. Cir., 17th Judicial, Broward Cty., April 5,
2024) arises from the Defendant's alleged violation of the Florida
Consumer Collection Practices Act.
According to the complaint, the Defendant sent an electronic
communication to Plaintiff in connection with the collection of the
consumer debt. The electronic communication was sent to Plaintiff
between the hours of 9:00 PM and 8:00 AM in the time zone of
Plaintiff. The Defendant did not have the consent of Plaintiff to
communicate with Plaintiff between the said hours. As such, by and
through the electronic communication, Defendant violated the FCCPA,
says the suit.
Spotify USA Inc. provides an entertainment software. The Company
offers platform that enables users to find music on their phones,
computers, and tablets.[BN]
The Plaintiff is represented by:
Jibrael S. Hindi, Esq.
Jennifer G. Simil, Esq.
Zane C. Hedaya, Esq.
Gerald D. Lane, Jr., Esq.
THE LAW OFFICES OF JIBRAEL S. HINDI
110 SE 6th Street, Suite 1744
Fort Lauderdale, FL 33301
Telephone: (954) 907-1136
E-mail: jibrael@jibraellaw.com
jen@jibraellaw.com
zane@jibraellaw.com
gerald@jibraellaw.com
ST. DOMINIC: Boswell Seeks to Certify FLSA Collective Action
------------------------------------------------------------
In the class action lawsuit captioned as GLENDA BOSWELL,
Individually and on behalf of all others similarly situated, V. ST.
DOMINIC HEALTH SERVICES, INC., ET AL., Case No.
3:23-cv-00151-CWR-LGI (S.D. Miss.), the Plaintiff asks the Court to
enter an order certifying lawsuit as a Fair Labor Standards Act
("FLSA") collective action:
Additionally, the Plaintiffs move the Court for an order:
A. Directing the Defendants to produce to undersigned Counsel a
readable, data computer file containing the names, last known
mailing addresses, last known telephone numbers, and dates of
employment of all individuals falling into the following
class
definition:
"All current and former hourly and overtime employees who
worked
for St. Dominic's Health Services, Inc. and/or Franciscan
Missionaries of Our Lady Health System, Inc, anywhere in the
United States, at any time from December 11th, 2022, through
the
final disposition of this matter. ("FLSA Collective" or "FLSA
collective members").
B. Setting a timeline for the Plaintiff to submit and the court
to
approve a Notice to Potential Class Members, and once
approved,
setting a 90-day opt in deadline during which time the Court
shall authorized the undersigned to mail and email copies of
the
approved Notice to Potential Class Members.
The record clearly establishes that non-exempt employees of the
Defendants experienced underpayments and late payments in violation
of the FLSA, in the months following a December 2021 Cyber-attack,
and the subsequent reconfiguring of the Defendants' payroll
systems.
Further, the purported collective members are sufficiently similar
to meet the requirements to certify them as a collective under the
FLSA.
St. Dominic offers cancer, adult patient care, medical cancer and
radiation therapies, behavioral health, computerized tomography,
magnetic resonance imaging, and neonatal services.
A copy of the Plaintiff's motion dated April 16, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=ZxzkOH at no extra
charge.[CC]
The Plaintiff is represented by:
Andrew Rueff, Esq.
LUNSFORD, BASKIN, & PRIEBE, PLLC
Lamar Life Building, Suite 600
317 East Capitol Street
Jackson, MS 39201
Telephone: (601) 983-2667
Facsimile: (601) 983-2076
E-mail: Andrew@lunsfordbaskin.com
STRYKER CORPORATION: Graham Files Suit in Cal. Super. Ct.
---------------------------------------------------------
A class action lawsuit has been filed against Stryker Corporation,
et al. The case is styled as Jonathan Graham, on behalf of himself
and all others similarly situated and as a representative for the
State of California v. Stryker Corporation, et al., Case No.
24CV000977 (Cal. Super. Ct., Sacramento Cty., April 11, 2024).
Stryker Corporation -- https://www.stryker.com/ -- is an American
multinational medical technologies corporation based in Kalamazoo,
Michigan.[BN]
SUEZ WATER: Bid to Strike in Nicholls Suit Granted in Part
----------------------------------------------------------
In the class action lawsuit captioned as NICHOLLS et al v. Suez
Water Environmental Services, Inc., Case No. 3:22-cv-30034 (D.
Mass., Filed March 25, 2022), the Hon. Judge Mark G. Mastroianni
entered an order:
-- granting in part and denying in par the motion to Strike; and
-- granting motion for Leave to File a Nonconforming Motion for
Class
Certification, as unopposed. Plaintiffs do not object to
striking
Plaintiff Ruppert's hearsay testimony on pages 37-38 of his
deposition regarding statements made to him by Mike Williams,
so
Defendant's motion to strike is granted in this respect.
The nature of suit states Civil Rights -- Employment.[CC]
Suez operates largely in the water and waste management sectors.
TARGET CORP: O'Dea Sues Over Acne Treatment Products' False Ads
---------------------------------------------------------------
LUCINDA O'DEA, individually and on behalf of all others similarly
situated, Plaintiff v. TARGET CORPORATION, Defendant, Case No.
1:24-cv-02763 (N.D. Ill., April 5, 2024) is a class action lawsuit
regarding Defendant's manufacturing, distribution, advertising,
marketing and sale of acne treatment products under various brands
that contain the active ingredient benzoyl peroxide.
According to the complaint, the benzoyl peroxide degrades over time
into benzene, a carcinogenic impurity that has been linked to
leukemia and other cancers. These products are not designed to
contain benzene, and the use of benzene in the manufacturing
process is not "unavoidable." Thus, the presence of benzene in the
products renders them adulterated and misbranded, and therefore
illegal to sell under both federal and state law. As a result, the
products are unsafe and illegal to sell under federal law, and
therefore worthless, says the suit.
The Plaintiff has purchased and used Defendant's 2.5% BPO cream and
Defendant's 2.5% BPO lotion at a Target store located in Chicago,
Illinois.
Target Corporation is an American retail corporation that operates
a chain of discount department stores and hypermarkets,
headquartered in Minneapolis, Minnesota.[BN]
The Plaintiff is represented by:
Gary M. Klinger, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
227 W. Monroe Street, Suite 2100
Chicago, IL 60606
Telephone: (866) 252-0878
E-mail: gklinger@milberg.com
- and -
Nick Suciu III, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
6905 Telegraph Rd., Suite 115
Bloomfield Hills, MI 48301
Telephone: (313) 303-3472
Facsimile: (865) 522-0049
E-mail: nsuciu@milberg.com
- and -
J. Hunter Bryson, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
405 E 50th Street
New York, NY 10022
Telephone: (630) 796-0903
E-mail: hbryson@milberg.com
- and -
Luis Cardona, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
1311 Ponce de Leon Avenue
San Juan, PR 00907
Telephone: (516) 862-0194 Ext 5861
E-mail: lcardona@milberg.com
- and -
Philip L. Fraietta, Esq.
BURSOR & FISHER, P.A.
1330 Avenue of the Americas, 32nd Floor
New York, NY 10019
Telephone: (646) 837-7150
Facsimile: (212) 989-9163
E-mail: pfraietta@bursor.com
TERRY BARNARD: Judge's Final R&R Modified
------------------------------------------
In the class action lawsuit captioned as WILLIAM M. TAYLOR, v.
TERRY E. BARNARD, JACQUELINE BUNN, TIMOTHY WARD, DAVID O. HERRING,
MEG HEAP, and CRYSTAL MOON, Case No. 1:23-cv-04230-TCB (N.D. Ga.),
the Hon. Judge Timothy Batten, Sr. entered an order modifying the
Magistrate Judge Regina Cannon's Final Report and Recommendation
("R&R") to allow Taylor to file an amended complaint devoid of
class allegations.
If Taylor files an amended complaint by the deadline, the Court
directs the Clerk to re-refer the complaint to Magistrate Judge
Cannon for frivolity review.
The R&R recommends that this action be dismissed without prejudice
because (1) Taylor, appearing pro se, improperly asserts class
action claims, and (2) Taylor has not shown that exceptional
circumstances require the appointment of counsel. Taylor filed
objections to the R&R.
The Court agrees with the R&R's conclusion that Taylor may not
raise class action claims because a pro se litigant may not assert
the legal rights of another. The Court also agrees with the R&R's
conclusion that Taylor is not entitled to appointment of counsel.
Taylor contends that this Court could deny his motion to certify
the class and allow him to proceed as an individual.
Because this case comes to the Court on a frivolity determination
pursuant to 28 U.S.C. section 1915(e), Taylor has yet to serve the
Defendants and may still amend his pleading. Taylor, therefore, is
granted leave to file an amended complaint to remove class
allegations. Taylor must file any such amendment no later than 21
days after the date of this Order. His amended complaint must
adhere to the requirements of Rule 8 of the Federal Rules of Civil
Procedure.
A copy of the Court's order dated April 16, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=OmShg1 at no extra
charge.[CC]
TESLA INC: Filing for Class Cert Bid in Urban Due Jan. 31, 2025
---------------------------------------------------------------
In the class action lawsuit captioned as JOHN L. URBAN, on behalf
of himself and all others similarly situated, v. TESLA INC., Case
No. 5:22-cv-07703-PCP (N.D. Cal.), the Hon. Judge P. Casey Pitts
entered an order setting the following case schedule pursuant to
the Parties' stipulation:
Deadline Date
Motion for Class Certification: Jan. 31, 2025
Designation of Plaintiff's Class Jan. 31, 2025
Certification Experts with Reports:
Opposition to Class Certification: Mar. 28, 2025
Designation of Defendant's Class Mar. 28, 2025
Certification Experts with Reports:
Reply in Support of Class May 9, 2025
Certification:
Fact Discovery Cutoff: 60 days after class
certification order
Tesla is an American multinational automotive and clean energy
company.
A copy of the Court's order dated April 18, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=EZuaA8 at no extra
charge.[CC]
The Plaintiff is represented by:
James C. Shah, Esq.
Natalie Finkelman Bennett, Esq.
Sydney Finlay, Esq.
MILLER SHAH LLP
1845 Walnut Street, Suite 806
Philadelphia, PA 19103
Telephone: (866) 540-5505
E-mail: jcshah@millershah.com
nfinkelman@millershah.com
sdfinlay@millershah.com
- and -
Matthew Ryan Watkins, Esq.
EDGAR LAW FIRM LLC
2600 Grand Boulevard, Ste 440
Kansas City, MO 64108
Telephone: (816) 531-0033
E-mail: mrw@edgarlawfirm.com
The Defendant is represented by:
A. Louis Dorny, Esq.
Aengus Carr, Esq.
Allison Huebert, Esq.
Donald Seth Fortenbery, Esq.
TESLA INC.
300 Hanover St
Palo Alto, CA 94304
Telephone (510) 298-8516
E-mail: ldorny@tesla.com
aecarr@tesla.com
ahuebert@tesla.com
sfortenbery@tesla.com
TILLY'S INC: Dalton Files ADA Suit in D. Minnesota
--------------------------------------------------
A class action lawsuit has been filed against Tilly's Inc. The case
is styled as Julie Dalton, individually and on behalf of all others
similarly situated v. Tilly's Inc., Case No. 0:24-cv-01319-PAM-JFD
(D. Minn., April 12, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Tillys -- https://www.tillys.com/ -- is an American retail clothing
company that sells an assortment of branded apparel, accessories,
shoes, and more.[BN]
The Plaintiff is represented by:
Jason D. Gustafson, Esq.
THRONDSET MICHENFELDER, LLC
One Central Avenue West, Suite 203
St. Michael, MN 55376
Phone: (763) 515-6110
Email: jason@throndsetlaw.com
- and -
Patrick W Michenfelder, Esq.
THRONDSET MICHENFELDER LAW OFFICE, LLC
222 South Ninth Street, Ste. 1600
Minneapolis, MN 55402
Phone: (763) 515-6110
Fax: (763) 226-2515
Email: pat@throndsetlaw.com
TWITTER INC: Turkal Files Suit in Cal. Super. Ct.
-------------------------------------------------
A class action lawsuit has been filed against Twitter, Inc., et al.
The case is styled as Willow Wren Turkal, on behalf of themselves
and all other similarly situated v. Twitter, Inc., X Corp., Case
No. CGC24613875 (Cal. Super. Ct., San Francisco Cty., April 11,
2024).
The case type is stated as "Other Non-Exempt Complaints
(Discrimination in Violation of the California Fair Employment And
Housing Act, gov. Code 12900, et seq)."
Twitter, Inc. -- https://twitter.com/ -- was an American social
media company based in San Francisco, California.[BN]
The Plaintiff is represented by:
Shannon Liss-Riordan, Esq.
LICHTEN & LISS-RIORDAN
729 Boylston St 2000
Boston, MA 02116
Phone: (617) 994-5800
Email: sliss@llrlaw.com
UNI-FORM COMPONENTS: Underpays Production Supervisors, Tedder Says
------------------------------------------------------------------
BRIAN TEDDER, individually and on behalf of all others similarly
situated, Plaintiff v. UNI-FORM COMPONENTS CO., Defendant, Case No.
4:24-cv-01269 (S.D. Tex., April 5, 2024) seeks to recover back
wages liquidated damages, attorney's fees and costs under the Fair
Labor Standards Act.
According to the complaint, UCC did not pay Plaintiff Tedder for
the hours he worked in excess of 40 per week at a rate not less
than one and one-half times the regular rate at which he was
employed.
Plaintiff Tedder was employed by the Defendant as a production
supervisor from May 9, 2022, to February 12, 2024.
Uni-Form Components Co. provides metal fabrication products and
services.[BN]
The Plaintiff is represented by:
Curt Hesse, Esq.
Melissa Moore, Esq.
MOORE & ASSOCIATES
Lyric Centre
440 Louisiana Street | Suite 1110
Houston, TX 77002-1055
Telephone: (713) 222-6775
Facsimile: (713) 222-6739
E=mail: curt@mooreandassociates.net
melissa@mooreandassociates.net
UNITED STATES: Park Seeks More Time for Class Cert Bid Filing
-------------------------------------------------------------
In the class action lawsuit captioned as Michael Parks, Chad
Sutton, Dr. Sukeena Stephens and Freeman Jordan, et al., v.
Alejandro Mayorkas, Secretary, Department of Homeland Security,
Case No. 1:23-cv-03561-RDM (D.D.C.), the Plaintiffs ask the Court
to enter an order granting enlargement of time to file their class
certification motion pursuant to the Court's scheduling order
following the parties' Rule 26(f) report or a Rule 16 conference.
The Plaintiffs first served the operative complaint in this matter
less than 60 days before the filing of the instant motion, and
accordingly are within Local Rule 23.1(b)'s 90-day limitations
period regarding class certification motions.
However, should the Court find that the 90-day limitations period
began to run from the date in which the first complaint in this
action was filed, Nov. 29, 2023, pursuant to LCvR 23.1(b), the
Plaintiffs' neglect in filing a motion for class certification
within 90 days of that date should be found excusable.
A copy of the Plaintiffs' motion dated April 16, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=OHdgzi at no extra
charge.[CC]
The Plaintiffs are represented by:
Pamela M. Keith, Esq.
Scott Lempert, Esq.
CENTER FOR EMPLOYMENT JUSTICE, LLC
650 Massachusetts Ave. NW, Suite 600
Telephone: (818) 800-0292
E-mail: pamkeith@centerforemploymentjustice.com
scottlempert@centerforemploymentjustice.com
- and -
Jeffrey T. Schrameck, Esq.
SCHRAMECK LAW, P.L.L.C.
42180 Ford Road, Suite 275
Canton, MI. 48187
Telephone: (734) 454-5400
E-mail: jeff@schramecklaw.com
UNIVERSITY OF PITTSBURGH: Fails to Pay Proper Wages, Sutter Says
----------------------------------------------------------------
STEPHANIE SUTTER, individually and on behalf of all similarly
situated individuals, Plaintiff v. University of Pittsburgh Medical
Center, UPMC PRESBYTERIAN SHADYSIDE, AND DOES 1-10, Defendants,
Case No. 2:24-cv-00515 (W.D. Pa., April 5, 2024) is a collective
and class action brought by Plaintiff, on behalf of herself and all
similarly situated current and/or former scheduling specialist
associate, contact center specialist, consumer service concierge,
and pre-arrival representative (collectively "Call Center
Representative") employees, to recover for Defendants' willful
violations of the Fair Labor Standards Act, the Pennsylvania
Minimum Wage Act, and the Pennsylvania Wage Payment and Collection
Law.
The Plaintiff worked for the Defendants as a call center
representative from March 2018 to July 2022.
University of Pittsburgh Medical Center is a Pennsylvania nonprofit
health enterprise.[BN]
The Plaintiff is represented by:
Ken Grunfeld, Esq.
KOPELOWITZ OSTROW FERGUSON WEISELBERG GILBERT
65 Overhill Road
Bala Cynwyd, PA 19004
Telephone: (954) 525-4100
E-mail: grunfeld@kolawyers.com
- and -
Jacob R. Rusch, Esq.
Zackary S. Kaylor, Esq.
JOHNSON BECKER, PLLC
444 Cedar Street, Suite 1800
Saint Paul, MN 55101
Telephone: (612) 436-1800
Facsimile: (612) 436-1801
E-mail: jrusch@johnsonbecker.com
zkaylor@johnsonbecker.com
UPS STORE: Ruling on Class Certification Stayed in McLaren Lawsuit
------------------------------------------------------------------
In the class action lawsuit captioned as MCLAREN v. THE UPS STORE,
INC. et al., Case No. 1:21-cv-14424 (D.N.J., Filed July 30, 2021),
the Hon. Judge Edward S. Kiel entered an order granting plaintiffs'
motion seeking a stay of further briefing and/or ruling on class
certification.
The Plaintiffs assert that they are entitled to certain discovery
from defendants prior to the resolution of the pending motion to
deny class certification.
The Court agrees that consideration of class certification prior to
the resolution of discovery matters is premature. The Defendants'
motion to deny certification is denied without prejudice.
The aspect of the motion seeking to compel additional class
discovery is referred to Mag. Judge Matthew J. Skahill.
The nature of suit states torts -- personal property -- other
fraud.
UPS Store is a leading franchisor of postal, shipping, document,
and business services retail centers.[CC]
USA TODAY: Stevens FLSA Suit Seeks to Certify Site Manager Class
----------------------------------------------------------------
In the class action lawsuit captioned as MATHEW STEVENS,
individually and on behalf of all persons similarly situated, v.
USA TODAY SPORTS MEDIA GROUP, LLC and GANNETT CO., INC., Case No.
1:24-cv-00483-MSN-LRV (E.D. Va.), the Plaintiff asks the Court to
enter an order:
1. Conditionally certifying a class of all persons who are
working
or have performed work for USA Today in the United States as
a
Site Editor at any time since Oct. 20, 2020 (collectively
"Site
Managers" or the "FLSA Class");
2. Directing the Defendant to produce to Plaintiff's counsel the
names, last known addresses, telephone numbers, and email
addresses of all potential members of the FLSA Class within
ten
(10) days of the date of Order;
3. Permitting the Plaintiff to issue notice to all potential
members of the FLSA Class by first-class mail and email,
informing them of their right to opt in to this case;
4. Allowing the Plaintiff to send reminder notices by
first-class
mail and email to all potential members of the FLSA Class who
have not yet responded to notice within 45 days of the first
issuance of notice;
5. Approving the Plaintiff's proposed form of notice, attached
as Exhibit D and Plaintiff's proposed Opt-In Consent Form,
attached as Exhibit E, to be included in the issuance of
notice
pursuant to paragraphs 3-5;
USA Today is an American daily middle-market newspaper and news
broadcasting company.
A copy of the Plaintiff's motion dated April 18, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=i7w0Wx at no extra
charge.[CC]
The Plaintiff is represented by:
James E. Goodley, Esq.
Ryan McCarthy, Esq.
GOODLEY MCCARTHY LLC
1650 Market Street, Suite 3600
Philadelphia, PA 19103
Telephone: (215) 394-0541
E-mail: james@gmlaborlaw.com
ryan@gmlaborlaw.com
USD FUNDING: Court Tosses Plaintiff's Bid to Stay Class Suit
------------------------------------------------------------
In the class action lawsuit captioned as LUBOMIR DIMITROV, v. USD
FUNDING LLC, Case No. 3:23-cv-00430-FDW-SCR (W.D.N.C.), the Hon.
Judge Frank Whitney entered an order denying Plaintiff's motion to
stay.
The Court further ordered that the Plaintiff shall have leave to
conduct discovery as detailed in the Plaintiff's discovery motion,
for 90 days from the date of this Order.
The Plaintiff filed this lawsuit against the Defendant on July 18,
2023.
On Sept. 15, 2023, the Clerk of Court entered Default against the
Defendant for failing to answer, move, or otherwise plead in
response to the Plaintiff.
On Oct. 2, 2023, a Magistrate Judge granted Plaintiff's motion for
Leave to Conduct Class Certification and Damages Discovery.
USD Funding specializes in funding small to medium sized
businesses.
A copy of the Court's order dated April 17, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=62IhUL at no extra
charge.[CC]
VANGUARD GROUP: Lardizabal Suit Transferred to E.D. Pennsylvania
----------------------------------------------------------------
The case styled as Aidan Lardizabal, Mayra Alejandra Puentes, on
behalf of themselves and all others similarly situated v. THE
VANGUARD GROUP INC., DOES 1 THROUGH 100, inclusive, Case No.
3:24-cv-00172 was transferred from the U.S. District Court for the
Southern District of California, to the U.S. District Court for the
Eastern District of Pennsylvania on April 15, 2024.
The District Court Clerk assigned Case No. 2:24-cv-01577-MMB to the
proceeding.
The nature of suit is stated as Other Statutory Actions for Other
Contract.
Vanguard -- http://www.vanguard.com/-- is one of the world's
largest investment companies with 30 million investors changing the
way the world invest.[BN]
The Plaintiffs are represented by:
Andrew Daniel Bluth, Esq.
Christopher Ross Rodriguez, Esq.
John Richard Ternieden, Esq.
Singleton Schreiber, LLP
1414 K Street, Suite #470
Sacramento, CA 95814
Phone: (916) 248-8478
Fax: (619) 255-1515
- and -
Thomas Anthony Leary, Esq.
LAW OFFICES OF THOMAS LEARY, APC
3023 First Avenue
San Diego, CA 92103
Phone: (619) 291-1900
The Defendants are represented by:
Amy Tu Quyen Le, Esq.
David Ramraj Singh, Esq.
WEIL, GOTSHAL & MANGES LLP
201 Redwood Shores Parkway, Suite 400
Redwood Shores, CA 94065
Phone: (650) 802-3000
Fax: (650) 802-3100
- and -
Blake Jacob Steinberg, Esq.
David Yohai, Esq.
WEIL GOTSHAL & MANGES LLP
767 Fifth Avenue
New York, NY 10153
Phone: (212) 310-8494
Fax: (212) 310-8007
VIVINT INC: Hughes Suit Removed to C.D. California
--------------------------------------------------
The case captioned as Dana Hughes, individually and on behalf of
all others similarly situated v. VIVINT, INC., a New Jersey
Corporation; and DOES 1 through 25, inclusive, Case No. 24STCV06156
was removed from the Superior Court of the State of California for
the County of Los Angeles, to the United States District Court for
the Central District of California on April 15, 2024, and assigned
Case No. 2:24-cv-03081.
The Complaint seeks various categories of damages, including both
statutory and punitive damages, on behalf of a class that is
estimated to include "thousands, if not more" putative class
members who, within the statute of limitations period, "whose
information was sent to TikTok by the Website through the TikTok
Software."[BN]
The Defendants are represented by:
Liam E. Felsen, Esq.
FROST BROWN TODD LLP
633 W. Fifth Street, Suite 900
Los Angeles, CA 90071
Phone: (213) 229-2400
Fax: (213) 229-2499
Email: lfelsen@fbtlaw.com
VIVINT SMART HOME: Berardini Suit Removed to C.D. California
------------------------------------------------------------
The case captioned as Vincent Berardini, individually, and on
behalf of all others similarly situated v. VIVINT SMART HOME, INC.
and VIVINT, INC., Case No. CVRI2401120 was removed from the
Superior Court of the State of California in and for the County of
Riverside, to the United States District Court for the Central
District of California on April 12, 2024, and assigned Case No.
5:24-cv-00794-SSS-SHK.
The Complaint alleges that Defendants used a conversation
intelligence software-as-a-service provided by Invoca, Inc. which
recorded conversations between customers and Vivint's contact
center in order to access, read, and learn the contents of those
conversations. The Plaintiff alleges that this activity violated
the California Invasion of Privacy Act ("CIPA").[BN]
The Defendants are represented by:
Nick Baltaxe, Esq.
DUANE MORRIS LLP
865 South Figueroa Street, Suite 3100
Los Angeles, CA 90017
Email: nbaltaxe@duanemorris.com
- and -
Gerald L. Maatman, Esq.
Jennifer A. Riley, Esq.
DUANE MORRIS LLP
190 S. LaSalle Street, Suite 3700
Chicago, IL 60603
Email: gmaatman@duanemorris.com
jariley@duanemorris.com
VOLKSWAGEN GROUP: Ross Suit Removed to C.D. California
------------------------------------------------------
The case styled as Joshua Ross, individually and on behalf of all
others similarly situated v. Volkswagen Group of America, Inc.
doing business as: Audi of America; Fletcher Jones Motor Cars, Inc.
doing business as: Audi Fletcher Jones; Does 1-10 Inclusive; Case
No. 30-02024-01384529 was removed from the Orange County Superior
Court, to the U.S. District Court for the Central District of
California on April 15, 2024.
The District Court Clerk assigned Case No. 8:24-cv-00831 to the
proceeding.
The nature of suit is stated as Other Fraud.
Volkswagen Group of America, Inc. --
https://www.volkswagengroupofamerica.com/ -- is the North American
operational headquarters, and subsidiary of the Volkswagen Group of
automobile companies of Germany.[BN]
The Plaintiff appears pro se.
The Defendant is represented by:
Jahmy Stanford Graham, Esq.
NELSON MULLINS RILEY AND SCARBOROUGH LLP
19191 South Vermont Avenue Suite 900
Torrance, CA 90502
Phone: (424) 221-7400
Fax: (424) 221-7499
Email: jahmy.graham@nelsonmullins.com
VOLUSIA COUNTY, FL: Powell Complaint Dismissed w/o Prejudice
------------------------------------------------------------
In the class action lawsuit captioned as KIMBERLY POWELL, as next
of kin and on behalf of J.T.A., a minor, et al., v. THE SCHOOL
BOARD OF VOLUSIA COUNTY, FLORIDA, Case No. 6:21-cv-01791-JSS-EJK
(M.D. Fla.), the Hon. Judge Julie Sneed entered an order that:
1. The Defendant's Renewed Motion to Dismiss First Amended
Complaint is granted.
2. The Plaintiff's First Amended Class Action Complaint is
dismissed without prejudice. The Plaintiff shall file a
Second
Amended Complaint, if any, within 30 days of this order.
3. The Plaintiff's Motion for class certification is denied
without
prejudice. The Plaintiff may file a renewed motion for class
certification within 90 days of filing the Second Amended
Complaint.
The Plaintiff moves to certify a class in this action consisting of
"all students throughout the state of Florida with learning
disabilities, who attended public schools owned and operated
by the Defendant, the School Board of Volusia County,
Florida."
The court finds that Plaintiff has failed to state a claim on each
count and that the First Amended Complaint must be dismissed. The
Plaintiff's Motion for Class Certification contains no additional
factual allegations to establish her ability to properly represent
the proposed class.
According to the Plaintiff's amended complaint, beginning in April
2018, the Defendant was investigated by the United States pursuant
to Title II of the Americans with Disabilities Act (ADA), "in
response to a complaint received on behalf of 11 students with
disabilities, 9 of whom have a diagnosis of Autism Spectrum
Disorder, in various grade levels and from schools across the
school district."
A copy of the Court's order dated April 16, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=42LsDt at no extra
charge.[CC]
WALDEN UNIVERSITY: Class Settlement in Carroll Gets Initial Nod
---------------------------------------------------------------
In the class action lawsuit captioned as Aljanal Carroll, Claudia
Provost Charles, Tiffany Fair, and Tareion Fluker, v. Walden
University, LLC, and Walden e-Learning, LLC, Case No.
1:22-cv-00051-JRR (D. Md.), the Court entered an order granting
preliminary approval of proposed class action settlement,
provisional certification of class and approval of notice.
Walden University is a private for-profit online university.
A copy of the Court's order dated April 17, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=O2Jzk8 at no extra
charge.[CC]
WALMART INC: Bid to File Initial OK of Settlement Due June 11
-------------------------------------------------------------
In the class action lawsuit captioned as GEORGE SOUSA, et al., on
behalf of themselves and class members, v. WALMART, INC., et al.,
Case No. 1:20-cv-00500-EPG (E.D. Cal.), the Hon. Judge Erica
Grosjean entered an order that:
1. The Plaintiffs shall file a motion for preliminary approval
of
class settlement by no later than June 11, 2024. The
Defendants
shall file a statement of non-opposition or opposition by no
later than June 25, 2024. Any reply brief shall be filed by
July
2, 2024. Alternatively, the parties may file a joint motion.
2. The Court sets a hearing on the motion for July 12, 2024, at
2:00 p.m. in Courtroom 10 (EPG). To participate
telephonically,
each party is to use the following dial-in number and
passcode:
Dial-in number 1-888-251-2909; Passcode 1024453.
On April 15, 2024, the parties filed a notice of settlement in this
class action case.
The parties are advised that when a settlement precedes class
certification “the district court must apply ‘an even higher
level of scrutiny’” when evaluating the substantive fairness of
the proposed settlement under Rule 23(e). In re Apple Inc.
Walmart is an American multinational retail corporation that
operates a chain of hypermarkets, discount department stores, and
grocery stores.
A copy of the Court's order dated April 17, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=GTwyAI at no extra
charge.[CC]
WATTS GUERRA LLP: Niekamp Suit Transferred to D. Kansas
-------------------------------------------------------
The case styled as Christopher J. Niekamp, Randall D. Hebrink,
individually, and on behalf of all others similarly situated v.
Watts Guerra, LLP, Bassford Remele, PA, Gustafson Gluek, PLLC,
Schwebel Goetz & Sieben PA, Stueve Siegel Hanson LLP, Hare Wynn
Newell & Newton LLP, Gray, Ritter & Graham PC, Gray Reed & McGraw
PC, Paul McInnes LLP, Mikal C. Watts, Francisco Guerra, Case No.
3:23-cv-02289 was transferred from the U.S. District Court for the
Northern District of Ohio, to the U.S. District Court for the
District of Kansas on April 15, 2024.
The District Court Clerk assigned Case No. 2:24-cv-02146-JWL to the
proceeding.
The nature of suit is stated as Racketeer/Corrupt Organization for
the Racketeering (RICO) Act.
Watts Guerra LLP -- https://guerrallp.com/ -- is a personal injury,
mass tort, product liability and commercial litigation firm.[BN]
The Plaintiffs are represented by:
Douglas J. Nill, Esq.
DOUGLAS J. NILL, PLLC
150 S. Fifth Street, Suite 1850
Minneapolis, MN 55402
Phone: (612) 573-3669
Email: dnill@farmlaw.com
- and -
John C. Weisensell, Esq.
NIEKAMP, WEISENSELL, MUTERSBAUGH & MASTRANTONIO
3 Nantucket Bldg.
23 South Main Street
Akron, OH 44308
Phone: (330) 434-1000
Fax: (330) 434-1001
Email: jack@nwm-law.com
The Defendants are represented by:
Christopher L. Goodman, Esq.
THOMPSON, COE, COUSINS & IRONS - SAINT PAUL
370 Wabasha Street North, Ste. 1000
Saint Paul, MN 55102
Phone: (651) 309-8445
Fax: (651) 389-5099
Email: cgoodman@thompsoncoe.com
- and -
David R. Hudson, Esq.
REMINGER CO. - TOLEDO
One SeaGate, Ste. 1600
Toledo, OH 43604
Phone: (419) 254-1311
Fax: (419) 243-7830
Email: dhudson@reminger.com
- and -
Holly M. Wilson, Esq.
REMINGER - CLEVELAND
200 Public Square, Ste. 1200
Cleveland, OH 44114
Phone: (216) 430-2238
Email: hwilson@reminger.com
- and -
Jozeff W. Gebolys, Esq.
TAFT STETTINIUS & HOLLISTER-CLEVELAND
200 Public Square, Ste. 3500
Cleveland, OH 44114
Phone: (216) 706-3975
Fax: (216) 241-3707
Email: jgebolys@taftlaw.com
- and -
Michael M. Lafeber, Esq.
BRIGGS & MORGAN, PA
2400 IDS Center
80 South 8th Street
Minneapolis, MN 55402
Phone: (612) 334-8400
Fax: 334-8650
- and -
Courtney J. Harrison, Esq.
Douglas R. Dalgleish, Esq.
STINSON LEONARD - KANSAS CITY
1201 Walnut, Suite 2900
Kansas City, MO 64106
Phone: (816) 691-2354
Email: courtney.harrison@stinson.com
doug.dalgleish@stinson.com
- and -
Gerald R. Kowalski, Esq.
SPENGLER NATHANSON - TOLEDO
900 Adams Street
Toledo, OH 43604
Phone: (419) 252-6239
Fax: (419) 241-8599
Email: gkowalski@snlaw.com
sskow@snlaw.com
- and -
John W. Ursu, Esq.
FAEGRE DRINKER BIDDLE & REATH, LLP - MN
2200 Wells Fargo Center
90 South Seventh Street
Minneapolis, MN 55402-3901
Phone: (612) 766-7000
Fax: (612) 766-1600
Email: john.ursu@faegredrinker.com
WEIRTON MEDICAL: Mullins Files Suit in N.D. West Virginia
---------------------------------------------------------
A class action lawsuit has been filed against Weirton Medical
Center, Inc. The case is styled as Judy Mullins, individually and
on behalf of all others similarly situated v. Weirton Medical
Center, Inc., Case No. 5:24-cv-00071-JPB (N.D.W. Va., April 11,
2024).
The nature of suit is stated as Other Personal Property for Breach
of Contract.
Weirton Medical Center -- https://www.weirtonmedical.com/ -- is a
non-profit hospital focused on providing quality care to patients
across West Virginia, Ohio and Pennsylvania.[BN]
The Plaintiff is represented by:
Jonathan Zak Ritchie, Esq.
Ryan McCune Donovan, Esq.
HISSAM FORMAN DONOVAN RITCHIE PLLC
P.O. Box 3983
Charleston, WV 25339
Phone: (681) 265-3802
Fax: (304) 982-8056
Email: zritchie@hfdrlaw.com
rdonovan@hfdrlaw.com
WELLS FARGO: Deadline to File Class Cert Bids in Ardalan Vacated
----------------------------------------------------------------
In the class action lawsuit captioned as Ardalan v. Wells Fargo &
Company, et al., Case No. 3:22-cv-03811 (N.D. Cal., Filed June 28,
2022), the Hon. Judge entered an order granting the stipulation to
vacate deadlines to file motion for class certification and for
substantial production of documents.
-- The deadlines are vacated. All other deadlines remain. Amended
case management order to follow, the Court says.
The suit alleges violation of the Securities Exchange Act.
Wells Fargo provides banking, investment and mortgage products and
services.[CC]
WELLS FARGO: Echard Suit Seeks to Certify Settlement Class
----------------------------------------------------------
In the class action lawsuit captioned as BRIAN ECHARD et al., v.
WELLS FARGO BANK, N.A., Case No. 2:21-cv-05080-MHW-EPD (S.D. Ohio),
the Plaintiffs ask the Court to enter an order:
(a) certifying the Settlement Class defined as:
"All persons in the United States who: (a) had a mortgage
serviced by Wells Fargo that was placed into a forbearance
Without Adequate Informed Consent between March 1, 2020 and
Dec. 31, 2021; (b) were not a debtor or the Co-Borrower of a
debtor in a Ch. 13 bankruptcy on the date that the Mortgage
was
placed into the forbearance; and (c) are not Wells Fargo's
officers, directors, or employees, Counsel for Wells Fargo,
or
Plaintiffs' Counsel."
(b) preliminarily approving the proposed Settlement;
(c) appointing Class Representatives and Class Counsel as sought
through separate motions, filed simultaneously herewith;
(d) approving the class Notice Plan; and
(e) scheduling a Final Approval Hearing.
Under the Agreement:
-- the Defendants will pay $185,000,000.00 into a non-reversionary
Settlement Fund within 45 calendar days after preliminary
approval.
-- Relief to Class Members under the Settlement includes two
sources
of payments: (1) $69,000,000 will be distributed on a pro-rata
basis to Class Members who do not opt out without any need to
submit a claim; and (2) the remainder of the available
Settlement
Funds will be paid pursuant to the Allocation Plan.
-- The Plaintiffs may request a service award in an amount of up
to
$12,500 for their efforts in litigation to represent the Class
Members, which will be paid from the Settlement Fund if
approved
by the Court.
On Jan. 28, 2021, Brian Echard filed his original complaint against
the Defendants in the United States District Court for the Western
District of Washington. That case was transferred to the Northern
District of California on Sept. 7, 2021, and then transferred to
this Court on Oct. 19, 2021.
On Oct. 3, 2023, and Oct. 24, 2023, the Plaintiffs and Wells Fargo
attended global mediation sessions in front of the Honorable Layn
Phillips (Ret.).
Wells Fargo provides personal banking, investing, mortgage, and
commercial finance.
A copy of the Plaintiffs' motion dated April 17, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=87g1Ar at no extra
charge.[CC]
The Plaintiffs are represented by:
Robert J. Wagoner, Esq.
ROBERT J. WAGONER CO., L.L.C.
107 W. Johnstown Road
Gahanna, OH 43230
Telephone: (614) 796-4110
Facsimile: (614) 796-4111
E-mail: bob@wagonerlawoffice.com
- and -
Abbas Kazerounian, Esq.
KAZEROUNI LAW GROUP, APC
245 Fischer Avenue, Suite D1
Costa Mesa, CA 92626
Telephone: (800) 400-6808
Facsimile: (800) 520-5523
E-mail: ak@kazlg.com
- and -
Derek W. Loeser, Esq.
Gretchen Freeman Cappio, Esq.
Zachary W. Gussin, Esq.
KELLER ROHRBACK L.L.P.
1201 Third Avenue, Suite 3200
Seattle, WA 98101-3052
Telephone: (206) 623-1900,
Facsimile: (206) 623-3384
E-mail: dloeser@kellerrohrback.com
gcappio@kellerrohrback.com
zgussin@kellerrohrback.com
- and -
Theodore O. Bartholow III, Esq.
Karen L. Kellett, Esq.
KELLETT & BARTHOLOW PLLC
11300 N. Central Expressway, Suite 301
Dallas, TX 75243
Telephone: (214) 696-9000
Facsimile: (214) 696-9001
E-mail: thad@kblawtx.com
kkellet@kblawtx.com
- and -
Nathan A. Hunter, Esq.
HUNTER & HUNTER LLC
1491 Polaris Pkwy 21416
Columbus, OH 43240
Telephone: (234) 738-4648
E-mail: nathan@hunterfirm.org
- and -
Knoll Lowney, Esq.
Claire Tonry, Esq.
Marc Zemel, Esq.
Alyssa Koepfgen, Esq.
SMITH & LOWNEY, PLLC
2317 E. John Street
Seattle, WA 98112
Telephone: (206) 860-2883
E-mail: knoll@smithandlowney.com
claire@smithandlowney.com
marc@smithandlowney.com
alyssa@smithandlowney.com
WHEATLEIGH CORP: Class Settlement in Mongue Suit Gets Final Nod
---------------------------------------------------------------
In the class action lawsuit captioned as ARLETA MONGUE, v. THE
WHEATLEIGH CORPORATION, L. LINFIELD SIMON, SUSAN SIMON, and MARC
WILHELM, Case No. 3:18-cv-30095-KAR (D. Mass.), the Hon. Judge
Katherine A. Robertson entered an order granting plaintiff's motion
for attorneys' fees and expenses and service award to the named
plaintiff and plaintiff's motion for final approval of class action
settlement.
1. The Class includes all individuals who worked as wait staff
employees, service employees, or service bartenders for the
Defendants from May 7, 2017, to March 1, 2020, and were paid
a
Service Rate.
The claims for which the Class is certified include: (1) that
the Defendants violated Mass. Gen. Laws ch. 151, sections 1
and
7 by paying the service rate to compensate the Plaintiff and
members of the Class when they should have received the full
minimum wage due to the Defendants' unlawful distribution of
its
tip pools, the un-tipped tasks to which the Plaintiff and
members of the Class were assigned, and the Defendants'
failure
to provide proper written notice before utilizing the service
rate (Count I); (2) that the Defendants violated Mass. Gen.
Laws
ch. 149, section 152A by unlawfully distributing wages from
the
tip pool to non-wait staff employees and supervisors (Count
III); and (3) that the Defendants violated Mass. Gen. Laws
ch.
149, sections 148 and 150 by failing to timely pay wages to
the
Plaintiff and members of the Class (Count IV).
2. This Order applies to all wage claims or causes of action
certified for class action in this matter and binds all
members
of the Class. Any member of the Class who negotiates a
settlement check shall automatically be deemed to have fully
and
irrevocably released and forever discharged Defendants from
any
and all wage claims or causes of action certified in this
matter.
3. Class Counsel is awarded $92,893.20 in attorneys' fees.
4. The Plaintiff is awarded $5,000 as a service award.
5. The Defendants shall transfer or cause to be transferred
$341,812 in settlement funds plus the amount of employer
taxes
associated with the payments to be made to members of the
Class, which the Defendants are required to pay, to the
Settlement Administrator within 30 calendar days of this
Order.
6. The court orders the Defendant to pay $5,750.25 to the
Settlement Administrator for expenses associated with
settlement
administration within 30 calendar days of this Order and any
additional settlement administration costs to the Settlement
Administrator within 10 calendar days of receiving an invoice
for payment.
7. The Plaintiff Arleta Mongue, a former wait staff employee of
the
Defendant, which was owned and/or operated by the remaining
defendants L. Linfield Simon, Susan Simon, and Marc Wilhelm,
brings this class action alleging Massachusetts wage law
violations on her own behalf and on behalf of other similarly
situated wait staff employees. Plaintiff also asserted claims
under the Fair Labor Standards Act (FLSA)but she did not move
for certification of a collective action as to those claims.
On Dec. 7, 2023, the court held a fairness hearing regarding
Plaintiff’s proposed class action settlement.
Wheatleigh offers rooms and suites, meeting and event space, and
dining services.
A copy of the Court's order dated April 16, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=rm4hPV at no extra
charge.[CC]
WILLIAM SCOTSMAN: Garcia Suit Removed to C.D. California
--------------------------------------------------------
The case captioned as Eduardo Garcia, individually, and on behalf
of all others similarly situated v. WILLIAM SCOTSMAN, INC.; and
DOES 1 through 10, inclusive, Case No. 2024CUOE021326 was removed
from the Superior Court of the State of California for the County
of Ventura, to the United States District Court for the Central
District of California on April 12, 2024, and assigned Case No.
2:24-cv-02977.
The Complaint brings claims for alleged: Failure to Pay Minimum
Wages; Failure to Pay Overtime Compensation; Failure to Provide
Meal Periods; Failure to Authorize and Permit Rest Breaks; Failure
to Indemnify Necessary Business Expenses; Failure to Timely Pay
Final Wages at Termination; Failure to Provide Accurate Itemized
Wage Statements; and Unfair Business Practices.[BN]
The Defendants are represented by:
Jared L. Palmer, Esq.
Carolyn B. Hall, Esq.
Ethan Lai, Esq.
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
One Embarcadero Center, Suite 900
San Francisco, CA 94111
Phone: 415-442-4810
Facsimile: 415-442-4870
Email: jared.palmer@ogletree.com
carolyn.hall@ogletree.com
ethan.lai@ogletree.com
WORLD COURIER: Liebregt Suit Removed to C.D. California
-------------------------------------------------------
The case captioned as Rachel Liebregt, an individual, on behalf of
herself, and on behalf of all persons similarly situated v. WORLD
COURIER INC., a New York corporation; CENCORA, INC., a Delaware
corporation; AMERISOURCEBERGEN DRUG CORPORATION, a Delaware
corporation; AMERISOURCEBERGEN SERVICES CORPORATION, a Delaware
corporation; AMERISOURCEBERGEN SPECIALTY GROUP, LLC, a Delaware
limited liability company; and DOES 1-50, Inclusive, Case No.
24STCV05865 was removed from the Superior Court of the State of
California for the County of Los Angeles, to the United States
District Court for the Central District of California on April 15,
2024, and assigned Case No. 2:24-cv-03051.
The Complaint alleges eight causes of action on behalf of Plaintiff
and a putative class under California law: violation of the Unfair
Competition Law; failure to pay minimum wages; failure to pay
overtime wages; failure to provide meal periods; failure to provide
rest periods; failure to reimburse necessary expenses; failure to
provide accurate wage statements; and failure to timely pay all
wages.[BN]
The Defendants are represented by:
Andrew P. Frederick, Esq.
Michelle L. Quach, Esq.
MORGAN, LEWIS & BOCKIUS LLP
1400 Page Mill Road
Palo Alto, CA 94304
Phone: +1.650.843.4000
Fax: +1.650.843.4001
Email: andrew.frederick@morganlewis.com
michelle.quach@morganlewis.com
WWS ACQUISITION LLC: Penaloza Files Suit in Cal. Super. Ct.
-----------------------------------------------------------
A class action lawsuit has been filed against WWS Acquisition LLC.
The case is styled as Ramiro Penaloza Jr., as an individual and on
behalf of all others similarly situated v. WWS Acquisition LLC,
Case No. STK-CV-UOE-2024-0004594 (Cal. Super. Ct., San Joaquin
Cty., April 15, 2024).
The case type is stated as "Unlimited Civil Other Employment."
WWS Acquisition, LLC manufactures home products. The Company offers
multi slide, folding door systems, and window wall products.[BN]
The Plaintiff is represented by:
Larry W. Lee, Esq.
DIVERSITY LAW GROUP
515 S Figueroa St., Ste. 1250
Los Angeles, CA 90071-3316
Phone: 213-488-6555
Fax: 213-488-6554
Email: lwlee@diversitylaw.com
ZUVI INC: Order on Pretrial Management Entered in Reid Class Suit
-----------------------------------------------------------------
In the class action lawsuit captioned as NADRECA REID, individually
and as the representative of a class of similarly situated persons,
v. ZUVI INC, Case No. 1:24-cv-01967-JHR-BCM (S.D.N.Y.), the Hon.
Judge Barbara Moses entered an order regarding general pretrial
management as follows:
-- All pretrial motions and applications, including those related
to
scheduling and discovery (but excluding motions to dismiss or
for
judgment on the pleadings, for injunctive relief, for summary
judgment, or for class certification under Fed. R. Civ. P. 23)
must be made to Judge Moses and in compliance with this Court's
Individual Practices in Civil Cases, available on the Court's
website at https://nysd.uscourts.gov/hon-barbara-moses.
-- Once a discovery schedule has been issued, all discovery must
be
initiated in time to be concluded by the close of discovery set
by
the Court.
-- Discovery applications, including letter-motions requesting
discovery conferences, must be made promptly after the need for
such an application arises and must comply with Local Civil
Rule
37.2 and section 2(b) of Judge Moses's Individual Practices.
A copy of the Court's order dated April 17, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=CnnYkS at no extra
charge.[CC]
*********
S U B S C R I P T I O N I N F O R M A T I O N
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Peter A. Chapman at 215-945-7000.
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