/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/240502.mbx C L A S S A C T I O N R E P O R T E R Thursday, May 2, 2024, Vol. 26, No. 89 Headlines 23ANDME INC: Bacus Suit Transferred to N.D. California ABBOTT LABORATORIES: Bates Appeals Class Suit Dismissal to 2nd Cir. ALLEGHENY COUNTY, PA: Plaintiffs Seek Class Certification AMAZON.COM INC: Parties Seek June 7 Extension for Class Cert Filing ANHEUSER-BUSCH, LLC: Overby Suit Seeks Rule 23 Class Certification ARCARE INC: Appeals Denied Bid to Dismiss Hale Suit to 8th Cir. ASPYR MEDIA: Class Cert Bid Filing in Mickelonis Due Sept. 5 AT&T INC: Chernik Files Suit in N.D. Illinois BCE-MACH II: Court Extends Time to Complete Negotiations BLUE WATER CAPITAL: Bond Files TCPA Suit in N.D. Georgia BOSTON FINANCE: Plaintiffs Seek to Appoint Co-Lead Counsel BOTANIC TONICS: Bid for Class Cert in Torres Suit Due Sept. 3 BRICKLAYERS AND ALLIED: Parties Must File Status Report by Nov. 29 BROCK PIERCE: Rowan Renewed Bid for Class Certification Tossed BRODER BROS: Filing for Class Cert. Bid in Ung Due Feb. 23, 2026 BUILDING INDUSTRY: Cudjoe Appeals Suit Dismissal to 2nd Circuit CAPITAL ONE: Wright Appeals Suit Dismissal to 4th Circuit COLORADO: McDonald's Class Cert Filing Response Extended to May 10 CUSTOMER CONTACT: Heinz Files TCPA Suit in D. Massachusetts EMERGENCY MEDICAL: Quick Files Suit in Okla. Dist. Ct. ENLOE MEDICAL CENTER: Lovgren Suit Removed to E.D. California FORD MOTOR: Faces Hood Suit Over Process Coaches' Unpaid Overtime FREENOME HOLDINGS: Dong Files Suit in Cal. Super. Ct. GENEVA FINANCIAL: Abitbol Files TCPA Suit in D. Arizona GEORGES MEDIA: Richard Appeals Arbitration Ruling to 5th Circuit GRACE OCEAN: Faces Class Action Claim Over Key Bridge Collapse IFIT HEALTH: Joint Bid Regarding Continued Sealing of Docs Filed IMPERIAL SUPPLIES: Fails to Pay Account Advisors' OT, Jones Says INDEPENDENT BANK: Grice Appeals Summary Judgment Ruling to 4th Cir. KEYPOINT GOVERNMENT: Ct. Certifies FLSA Collective in Brayman MARY JANE ELLIOT: Appeals Class Cert. Ruling in VanderKodde Suit MDL 2492: Richardson Appeals Class Cert. Bid Denial MDL 2492: Rose Appeals Denial of Bid to Certify Class MDL 3010: SkinnySchool Files 2nd Cir. Appeal in Antitrust Suit OLLIE'S BARGAIN: Allowed Leave to File Docs Under Seal RAZOR OILFIELD: Lafleur Suit Transferred to E.D. Texas SEE'S CANDIES INC: Espinoza Files Suit in Cal. Super. Ct. STRATEGIC DELIVERY: Asenseh Suit Removed to D. Massachusetts TRUECOVERAGE LLC: Hewett Balks at Pre-Recorded Telemarketing Calls WELLS FARGO & COMPANY: Bishop Suit Transferred to N.D. California ********* 23ANDME INC: Bacus Suit Transferred to N.D. California ------------------------------------------------------ The case styled as Michele Bacus, Paula Kleynburd, Camie Picha, Harold Velez, Caroline Greenberg, Elaine Fralix, J.S., Kerry Lamons, Michelle Andrizzi, Bonnie Eden, Thomas Seawright, Pamela Zager-Maya, J.T., A.L., Haris Mirza, Katianne Navarro, Michael Blackwell, Nichole Friend, Mari Rajamin, Alexandra Hoffman, Alexandra Klawitter, Adriane Farmer, Kristen Rivers, V.R. Rivers, Tracy Scott, Anna DaVeiga, Emily Beale, Melissa Ryan, Brandon Molina, Briana Dube, John Doe, Brianna Sorensen, Thomas Vickery, Tyrell Brown, David Melvin, J.L., Richard Roe, John Q. Public, Rudy K. Thompson, Claire Paddy, Neil Haven, Max Alperstein, Dhaman Gill, Arya Shoaee, David Tulchinsky, individually and on behalf of all others similarly situated v. 23andMe, Inc., Monica Santana, Daniel Pinho, 23ANDME Holding Co., was transferred to the U.S. District Court for the Northern District of California on April 16, 2024. The District Court Clerk assigned Case No. 3:24-md-03098-EMC to the proceeding. The nature of suit is stated as Other Contract for Breach of Contract. 23andMe Holding Co. -- https://www.23andme.com/ -- is a publicly trading personal genomics and biotechnology company based in South San Francisco, California.[BN] The Plaintiff is represented by: Andrea Gold, Esq. Hassan Ali Zavareei, Esq. TYCKO AND ZAVAREEI LLP 2000 Pennsylvania Avenue NW, Suite 1010 Washington, DC 20006 Phone: (202) 973-0900 Email: agold@tzlegal.com hzavareei@tzlegal.com - and - Scott Adam Edelsberg, Esq. EDELSBERG LAW, PA 1925 Century Park E, #1700 Los Angeles, CA 90067 Phone: (305) 975-3320 Email: scott@edelsberglaw.com - and - Cari Campen Laufenberg, Esq. KELLER, ROHRBACK, LLP 1201 Third Avenue, Suite 3200 Seattle, WA 98101 Phone: (206) 623-1900 Fax: (206) 623-3384 Email: claufenberg@kellerrohrback.com - and - Christopher Londergan Springer, Esq. KELLER ROHRBACK L.L.P. 801 Garden Street Santa Barbara, CA 93101 Phone: (805) 456-1496 Email: cspringer@kellerrohrback.com The Defendant is represented by: Francis A Citera GREENBERG TRAURIG, LLP. 77 West Wacker Drive, Suite 3100 Chicago, IL 60601 Phone: (312) 456-8400 Email: citeraf@gtlaw.com ABBOTT LABORATORIES: Bates Appeals Class Suit Dismissal to 2nd Cir. ------------------------------------------------------------------- LARISSA BATES is taking an appeal from a court order dismissing her lawsuit entitled Larissa Bates, individually and on behalf of all others similarly situated, Plaintiff, v. Abbott Laboratories, Defendant, Case No. 1:23-cv-387, in the U.S. District Court for the Northern District of New York. The Plaintiff brings this complaint against the Defendant for misrepresentation and other consumer-related false claims of its Ensure-brand nutrition drinks. On June 5, 2023, the Defendant filed a motion to dismiss for failure to state a claim, which the Court granted through an Order entered by Judge Frederick J. Scullin, Jr. on Mar. 29, 2024. The Court found that the Plaintiff cannot allege an injury in the future since she now has all the information she needs about the health effects of the products in question. The Plaintiff, thus, will not be misled by the labels or advertising. Therefore, the Court granted the Defendant's motion to dismiss the Plaintiff's claim for injunctive relief because she lacks standing to bring such a claim. The appellate case is captioned Bates v. Abbott Laboratories, Case No. 24-919, in the United States Court of Appeals for the Second Circuit, filed on April 10, 2024. [BN] Plaintiff-Appellant LARISSA BATES, on behalf of herself and all others similarly situated, is represented by: Melanie Rae Monroe, Esq. FITZGERALD MONROE FLYNN PC 2341 Jefferson Street, Suite 200 San Diego, CA 92110 Defendant-Appellee ABBOTT LABORATORIES is represented by: Michael Glick, Esq. KIRKLAND & ELLIS LLP 1301 Pennsylvania Avenue, NW Washington, DC 20004 Telephone: (202) 389-5000 ALLEGHENY COUNTY, PA: Plaintiffs Seek Class Certification --------------------------------------------------------- In the class action lawsuit captioned as Jacob Meinert as Class Representative individually and on behalf of those Plaintiffs who submitted a religious exemption and were fired, Nicholas Schallus, as Class Representative individually and on behalf of those Plaintiffs who submitted a medical exemption and were fired, v. Port Authority of Allegheny County d/b/a Pittsburgh Regional Transit (PAT), Case No. 2:22-cv-01736-RJC (W.D. Pa.), the Plaintiffs asks the Court to enter an order granting Plaintiffs' motion for class certification. Pittsburgh Regional is the second-largest public transit agency in Pennsylvania and the 20th-largest in the United States. A copy of the Plaintiffs' motion dated April 22, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=WdG1zb at no extra charge.[CC] The Plaintiffs are represented by: James L. Welsh, III, Esq. THE WELSH LAW GROUP, LLC 3875 Franklintowne Ct 130 Murrysville, PA 15668 Telephone: (724) 519-2122 AMAZON.COM INC: Parties Seek June 7 Extension for Class Cert Filing ------------------------------------------------------------------- In the class action lawsuit captioned as ELIZABETH DE COSTER, et al., on behalf of themselves and all others similarly situated, v. AMAZON.COM, INC., a Delaware corporation, Case No. 2:21-cv-00693-JHC (W.D. Wash.), the Parties ask the Court to enter an order, that: 1. The interim deadline for the Plaintiffs to file their class certification motion is extended to June 7, 2024. 2. The interim deadline for Amazon to respond to Plaintiffs' motion is Aug. 7, 2024. 3. The interim deadline for Plaintiffs' reply brief is Oct. 7, 2024. The Court previously granted the parties' request to extend the deadlines for the class certification briefing schedule by two months to allow parties time to discuss coordination of depositions of Amazon witnesses with plaintiffs in other related cases. The parties are still discussing coordination of the related cases and this matter, including the appropriate schedule for briefing class certification and scheduling attendant depositions. The parties propose an interim modification of the schedule as follows: Current Schedule Proposed Schedule1 Deadline for Plaintiffs to May 7, 2024 June 7, 2024 file motion for class certification Opposition to Motion to Aug. 7, 2024 Sept. 9, 2024 Certify Class Reply in Support of Motion Oct. 7, 2024 Nov. 11, 2024 to Certify Class Hearing on Motion to To be set by To be set by Certify Class the Court after the Court after briefing briefing completed completed Amazon.com is engaged in e-commerce, cloud computing, online advertising, digital streaming, and artificial intelligence. A copy of the Parties' motion dated April 19, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=VZEs8a at no extra charge.[CC] The Plaintiffs are represented by: Steve W. Berman, Esq. Barbara A. Mahoney, Esq. Anne F. Johnson, Esq. HAGENS BERMAN SOBOL SHAPIRO LLP 1301 Second Avenue, Suite 2000 Seattle, WA 98101 Telephone: (206) 623-7292 Facsimile: (206) 623-0594 E-mail: steve@hbsslaw.com barbaram@hbsslaw.com annej@hbsslaw.com - and - Zina G. Bash, Esq. Jessica Beringer, Esq. Shane Kelly, Esq. Daniel Backman, Esq. KELLER POSTMAN LLC 111 Congress Avenue, Suite 500 Austin, TX, 78701 Telephone: (512) 690-0990 E-mail: zina.bash@kellerpostman.com Jessica.Beringer@kellerpostman.com shane.kelly@kellerpostman.com Daniel.Backman@kellerpostman.com - and - Derek W. Loeser, 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 - and - Alicia Cobb, Esq. Steig D. Olson, Esq. David D. LeRay, Esq. Nic V. Siebert, Esq. Maxwell P. Deabler-Meadows, Esq. Adam B. Wolfson, Esq. QUINN EMANUEL URQUHART & SULLIVAN, LLP 1109 First Avenue, Suite 210 Seattle, WA 98101 Telephone: (206) 905-7000 E-mail: aliciacobb@quinnemanuel.com steigolson@quinnemanuel.com davidleray@quinnemanuel.com nicolassiebert@quinnemanuel.com maxmeadows@quinnemanuel.com adamwolfson@quinnemanuel.com The Defendant is represented by: John A. Goldmark, Esq. MaryAnn Almeida, Esq. DAVIS WRIGHT TREMAINE LLP 920 Fifth Avenue, Suite 3300 Seattle, WA 98104-1610 Telephone: (206) 622-3150 Facsimile: (206) 757-7700 E-mail: SteveRummage@dwt.com JohnGoldmark@dwt.com MaryAnnAlmeida@dwt.com - and - Karen L. Dunn, Esq. William A. Isaacson, Esq. Amy J. Mauser, Esq. Martha L. Goodman, Esq. Kyle Smith, Esq. PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP 2001 K Street, NW Washington, DC 20006-1047 Telephone: (202) 223-7300 Facsimile: (202) 223-7420 E-mail: kdunn@paulweiss.com wisaacson@paulweiss.com amauser@paulweiss.com mgoodman@paulweiss.com ksmith@paulweiss.com ANHEUSER-BUSCH, LLC: Overby Suit Seeks Rule 23 Class Certification ------------------------------------------------------------------ In the class action lawsuit captioned as THOMAS E. OVERBY, JR. and ABBY GEARHART, individually and on behalf of all others similarly situated, v. ANHEUSER-BUSCH, LLC, Case No. 4:21-cv-00141-AWA-DEM (E.D. Va.), the Plaintiffs ask the Court to enter an order to certifying class action pursuant to Federal Rule of Civil Procedure 23. Anheuser-Busch is an American brewing company. A copy of the Plaintiffs' motion dated April 18, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=QggKTk at no extra charge.[CC] The Plaintiffs are represented by: Craig J. Curwoo, Esq. Zev H. Antell, Esq. Samanth R. Galina, Esq. BUTLER CURWOOD, PLC 140 Virginia Street, Suite 302 Richmond, VA 23219 Telephone: (804) 648-4848 Facsimile: (804) 237-0413 E-mail: craig@butlercurwood.com zev@butlercurwood.com samantha@butlercurwood.com - and - Robert W.T. Tucci, Esq. Gregg C. Greenberg, Esq. Thomas J. Eiler, Esq. ZIPIN, AMSTER, & GREENBERG LLC 8757 Georgia Ave., Ste 400 Silver Spring, MD 20910 Telephone: (301) 587-9373 E-mail: rtucci@zagfirm.com ggreenberg@zagfirm.com teiler@zagfirm.com ARCARE INC: Appeals Denied Bid to Dismiss Hale Suit to 8th Cir. --------------------------------------------------------------- ARCARE, INC. is taking an appeal from a court order denying its motion to substitute the United States or, in the alternative, to dismiss the lawsuit entitled Greg Hale, et al., individually and on behalf of and all others similarly situated, Plaintiffs, v. ARcare, Inc., Defendants, Case No. 3:22-cv-00117-BSM, in the U.S. District Court for the Eastern District of Arkansas. The case arises from the Defendant's failure to secure the confidential health information of the Plaintiffs and similarly situated patients following a data breach of its computer system. On July 11, 2023, the Defendant filed a motion to stay. On July 26, 2023, the Defendant filed a motion to substitute the United States as party to the case, or, in the alternative, to dismiss the case, which the Court denied through an Order entered by Judge Brian S. Miller on Mar. 8, 2024. The Court concluded that ARcare's failure to use reasonable security procedures and practices appropriate to sensitive, unencrypted information, as alleged in the complaint, is not a related function sufficient to confer immunity under section 233(a). Therefore, section 233(a) immunity does not apply. Because ARcare is not immune from suit, ARcare's alternative request to dismiss the complaint for failure to state a claim, which is premised on immunity, is denied and its motion to stay is moot. The appellate case is captioned Greg Hale, et al. v. ARcare, Inc., Case No. 24-1726, in the United States Court of Appeals for the Eighth Circuit, filed on April 8, 2024. The briefing schedule in the Appellate Case states that: -- Transcript is due on or before May 20, 2024; -- Appendix is due on May 29, 2024; -- Appellant ARcare Inc.'s brief is due on May 29, 2024; and -- Appellee's brief is due 30 days from the date the court issues the Notice of Docket Activity filing the brief of appellant. [BN] Plaintiffs-Appellees GREG HALE, et al., individually and on behalf of all others similarly situated, are represented by: Bryan L. Bleichner, Esq. Philip Joseph Krzeski, Esq. CHESTNUT & CAMBRONNE 100 Washington Avenue, S., Suite 1700 Minneapolis, MN 55401 Telephone: (612) 339-7300 (612) 767-3613 - and - Gary M. Klinger, Esq. MILBERG & COLEMAN 227 W. Monroe Street, Suite 2100 Chicago, IL 60606 Telephone: (866) 252-0878 - and - Josh Sanford, Esq. SANFORD LAW FIRM Kirkpatrick Plaza, Suite 510 10800 Financial Centre Parkway Little Rock, AR 72211 Telephone: (501) 221-0088 - and - William B. Federman, Esq. FEDERMAN & SHERWOOD 10205 N. Pennsylvania Avenue Oklahoma City, OK 73120 Telephone: (405) 235-1560 - and - Joseph M. Lyon, Esq. LYON LAW FIRM 2754 Erie Avenue Cincinnati, OH 45208 Telephone: (513) 381-2333 - and - Joseph D. Gates, Esq. GATES LAW FIRM 2725 Cantrell Road, Suite 105 Little Rock, AR 72202 Telephone: (501) 779-8091 - and - Francesca Kester Burne, Esq. Jean Sutton Martin, Esq. MORGAN & MORGAN 7th Floor 201 N. Franklin Street Tampa, FL 33602 Telephone: (813) 223-5505 - and - Christopher Duran Jennings, Esq. JENNINGS, PLLC P.O. Box 25972 Little Rock, AR 72221 Telephone: (501) 247-6267 - and - Nathan Irving Reiter, III, Esq. JOHNSON LAW FIRM 610 President Clinton Avenue, Suite 300 Little Rock, AR 72201 Telephone: (903) 949-1217 - and - Shawn Bradley Daniels, Esq. DANIELS LAW FIRM 129 W. Sunbridge Drive Fayetteville, AR 72703 Telephone: (479) 521-7000 - and - Gary Edward Mason, Esq. MASON, LLP 5335 Wisconsin Avenue, N.W., Suite 640 Washington, DC 20015 Telephone: (202) 429-2290 - and - Anthony L. Parkhill, Esq. BARNOW & ASSOCIATES 205 W. Randolph Street Chicago, IL 60606 Telephone: (312) 621-2000 Defendant-Appellant ARCARE, INC. is represented by: Matthew Sidney Freedus, Esq. FELDESMAN TUCKER LEIFER FIDELL LLP 4th Floor 1129 20th Street, N.W. Washington, DC 20036 Telephone: (202) 466-8960 - and - Scott A. Irby, Esq. Alexander T. Jones, Esq. Gary D. Marts, Jr., Esq. WRIGHT & LINDSEY Suite 2300 200 W. Capitol Avenue Little Rock, AR 72201 Telephone: (501) 371-0808 - and - Andrea L. Kleinhenz, Esq. WRIGHT & LINDSEY Suite 510 3333 Pinnacle Hills Parkway Rogers, AR 72758 Telephone: (479) 631-3823 ASPYR MEDIA: Class Cert Bid Filing in Mickelonis Due Sept. 5 ------------------------------------------------------------ In the class action lawsuit captioned as MALACHI MICKELONIS, JOSEPH AFILANI, JACOB ALVA-MELVILLE, MICAIAH, FLORES, MATTHEW GORKA, JARED HILLIARD, CHARLES KIRK, DAVID KIRKLAND, YALE LIEBOWITZ, JACOB MUELLER, KEVIN MUNOZ, COLEBIE NIEDERMEIER, JOSHUA PALMER, BRYCE PHILLIPS, CHRISTOPHER SOUSA, ROLANDO VAZQUEZ, ADRIAN VILLA, BRIAN WALSH, and NICHOLAS YEE, individually and on behalf of all others similarly situated, v. ASPYR MEDIA, INC.; and Does 1-5, Case No. 8:23-cv-01220-FWS-ADS (C.D. Cal.), the Hon. Judge Fred Slaughter entered an order modifying the court's Nov. 28, 2023, Scheduling Order as follows: Event Date Final Pretrial Conference & Hearing on Feb. 13, 2025 Motions in Limine: Last Date to File Motion for Class Sept. 5, 2024 Certification: Last Date to File Opposition to Motion for Oct. 3, 2024 Class Certification: Last Date to File Reply in Support of Oct. 31, 2024 Motion for Class Certification: Hearing on Motion for Class Certification: Nov. 14, 2024 Last Date to Hear Motion to Amend July 18, 2024 Pleadings/Add Parties: Non-Expert Discovery Cut-Off: Aug. 15, 2024 Last Date to Hear Motions: Nov. 21, 2024 Deadline to Complete Settlement Conference: Dec. 5, 2024 Aspyr is an American video game developer and publisher. A copy of the Court's order dated April 19, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=WHE3Jl at no extra charge.[CC] AT&T INC: Chernik Files Suit in N.D. Illinois --------------------------------------------- A class action lawsuit has been filed against AT&T, Inc. The case is styled as Zachary Chernik, on behalf of himself and all others similarly situated v. AT&T, Inc., DIRECTV, Case No. 1:24-cv-03054 (N.D. Ill., April 16, 2024). The nature of suit is stated as Other P.I. AT&T Inc. -- https://www.att.com/ -- is an American multinational telecommunications holding company.[BN] The Plaintiffs are represented by: Kyle Pozan, Esq. LOCKRIDGE GRINDAL NAUEN P.L.L.P. 100 Washington Avenue S., Suite 2200 Minneapolis, MN 55401 Phone: (612) 596-4078 Email: kjpozan@locklaw.com BCE-MACH II: Court Extends Time to Complete Negotiations -------------------------------------------------------- In the class action lawsuit captioned as FREDERICK M. SCTOO III, Trustee of the Scott Family Trust; and WAKE ENERGY, LLC, on behalf of themselves and all others similarly situated, v. BCE-MACH II LLC, Case No. 5:23-cv-00264-R (W.D. Okla.), the Hon. Judge David Russell entered an order granting the parties' joint status report regarding mediation, requesting an additional 45 days to complete their negotiations. A copy of the Court's order dated April 18, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=XWJrId at no extra charge.[CC] BLUE WATER CAPITAL: Bond Files TCPA Suit in N.D. Georgia -------------------------------------------------------- A class action lawsuit has been filed against Blue Water Capital LLC. The case is styled as Joseph Bond, individually and on behalf of all others similarly situated v. Blue Water Capital LLC doing business as: Fleetsmarts, Case No. 1:24-cv-01612-VMC (N.D. Ga., April 16, 2024). The lawsuit is brought over alleged violation of the Telephone Consumer Protection Act for Restrictions of Use of Telephone Equipment. Blue Water Capital LLC is an investment company in Syracuse, New York.[BN] The Plaintiff is represented by: Anthony Paronich, Esq. PARONICH LAW, P.C. 350 Lincoln St., Suite 2400 Hingham, MA 02043 Phone: (615) 485-0018 Email: anthony@paronichlaw.com - and - Steven Howard Koval, Esq. THE KOVAL FIRM, LLC Building 15, Suite 120 3575 Piedmont Rd. Atlanta, GA 30305 Phone: (404) 513-6651 Fax: (404) 549-4654 Email: Steve@KovalFirm.com BOSTON FINANCE: Plaintiffs Seek to Appoint Co-Lead Counsel ---------------------------------------------------------- In the class action lawsuit captioned as CLARK CHAMBERLIN, by and through TODD CHAMBERLIN and KELLI CHAMBERLIN, on behalf of themselves and all others similarly situated, v. BOSTON FINANCE GROUP, LLC, et al., Case No. 8:24-cv-00438-SDM-AEP (M.D. Fla.), the Plaintiffs ask the Court to enter an order appointing co-lead counsel pursuant to federal rule of civil procedure 23(g)” Jonathan M. Streisfeld, Esq. Jeff Ostrow, Esq. David L. Ferguson, Esq. KOPELOWITZ OSTROW FERGUSON - and - Weiselberg Gilbert, Esq. Thomas H. Leeder, Esq. LEEDER LAW The Plaintiffs seek to hold Defendants liable for their role in a decade-plus predatory scheme that began in 2009 and continued at least through 2020 to misappropriate over $100,000,000.00 of special needs trust ("SNT") assets belonging to the most vulnerable members of our society, Plaintiffs and putative class members. Boston Finance provides funds for borrowers. A copy of the Plaintiffs' motion dated April 19, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=drZLMs at no extra charge.[CC] The Plaintiffs are represented by: Jeff Ostrow, Esq. David L. Ferguson, Esq. Jonathan M. Streisfeld, Esq. Caroline Herter, Esq. KOPELOWITZ OSTROW FERGUSON WEISELBERG GILBERT One West Las Olas Blvd., Suite 500 Fort Lauderdale, FL 33301 Telephone: 954-525-4100 E-mail: ostrow@kolawyers.com ferguson@kolawyers.com streisfeld@kolawyers.com herter@kolawyers.com - and - Thomas H. Leeder, Esq. Andrew R. Smith, Esq. LEEDER LAW 8551 West Sunrise Blvd. | Ste. 202 Plantation, FL 33322 Telephone: (954) 734-2382 E-mail: pleadings@leederlaw.com BOTANIC TONICS: Bid for Class Cert in Torres Suit Due Sept. 3 ------------------------------------------------------------- In the class action lawsuit captioned as Torres v. Botanic Tonics, LLC et al., Case No. 3:23-cv-01460 (N.D. Cal., Filed March 28, 2023), the Hon. Judge Vince Chhabria entered an order granting stipulation to continue deadline for class certification. -- Motion for class certification due by: Sept. 3, 2024 -- Responses due by: Nov. 16, 2024 -- Replies due by: Nov. 15, 2024 -- Motion hearing set for: Dec. 12, 2024 Botanic is a producer of wellness tonic products. The nature of suit alleges violation of the torts -- personal property -- other fraud.[CC] BRICKLAYERS AND ALLIED: Parties Must File Status Report by Nov. 29 ------------------------------------------------------------------ In the class action lawsuit captioned as Trustees of the International Union of Bricklayers and Allied Craftworkers Local 1 Connecticut Health Fund et al v. Elevance, Inc., et al., Case No. 3:22-cv-01541 (Court), the Hon. Judge Vernon D. Oliver entered an order: -- directing the parties to file a joint Nov. 29, 2024 status report on: -- certifying that discovery is complete and addressing the following: (1) whether the parties consent to the jurisdiction of a Magistrate Judge for all purposes, including trial; (2) the parties' estimate of the length of the trial; and (3) whether class certification or dispositive motions are anticipated. The suit alleges violation of the Employee Retirement Income Security Act of 1974 (ERISA). Elevance is an American health insurance provider.[CC] BROCK PIERCE: Rowan Renewed Bid for Class Certification Tossed -------------------------------------------------------------- In the class action lawsuit captioned as NATHAN ROWAN, individually and on behalf of all others similarly situated, v. BROCK PIERCE, Case No. 3:20-cv-01648-RAM-MEL (D.P.R.), the Hon. Judge Raul M. Arias-Marxuach entered an order granting Plaintiff's motion to strike from the record the Kalat Declaration and denying Plaintiff's renewed motion for class certification. On Nov. 16, 2020, Rowan filed a Complaint against former independent presidential candidate Brock Pierce. Subsequently, Rowan filed an Amended Complaint on July 12, 2021. The Plaintiff claims Pierce violated the Telephone Consumer Protection Act ("TCPA"), by sending pre-recorded messages to promote his campaign to consumers' phone numbers, including the Plaintiff's, without their consent. The Plaintiff has already proposed and discarded at least two different class definitions. He proposes a third, yet is still not Plaintiff's final proposal. In his Reply, Plaintiff states that he "would not object to modifying the class definition" to contain only persons for whom the Plaintiff has obtained call records. Accordingly, in light of Plaintiff's statement of non-objection, and given that it is unlikely that he could prove injury to members other than those for whom he has call records, the Court will construe the Motion as seeking certification of a smaller class: "All persons in the United States who (1) were called one or more times (2) from Oct. 28, 2020 to Nov. 3, 2020 (3) from telephone number (206) 201-0668, (208) 644-8751, (307) 228-7780, (385) 331- 1930, (651) 360-1815, or (845) 447-9504 (4) on their cellular telephone number (5) using a pre-recorded voice message, (6) whose cellular telephone number appears in records purchased from Aristotle, and (7) who were AT&T subscribers at the time of the calls." A copy of the Court's order dated April 19, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=LTgGGF at no extra charge.[CC] BRODER BROS: Filing for Class Cert. Bid in Ung Due Feb. 23, 2026 ---------------------------------------------------------------- In the class action lawsuit captioned as PINA UNG, individually, and on behalf of all other similarly situated current and former employees, v. BRODER BROS. CO., dba ALPHABRODER, Case No. 1:23-cv-00841-BAM (E.D. Cal.), the Hon. Judge Barbara McAuliffe entered a preliminary scheduling order as follows: -- Rule 26 Disclosures: Oct. 24, 2023 -- Amendment to Pleadings: Dec. 12, 2023 -- Class Written Discovery Cutoff: Sept. 23, 2025 -- Class Certification Motion: Feb. 23, 2026 -- Class Certification Opposition: May 18, 2026 -- Class Certification Reply: Aug. 24, 2026 -- Class Certification Hearing: Sept. 18, 2026 Broder produces and distributes sportswear and accessories. A copy of the Court's order dated April 18, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=cfNNWO at no extra charge.[CC] BUILDING INDUSTRY: Cudjoe Appeals Suit Dismissal to 2nd Circuit --------------------------------------------------------------- MARTIN CUDJOE is taking an appeal from a court order dismissing his lawsuit entitled Martin Cudjoe, individually and on behalf of all others similarly situated, Plaintiff, v. Building Industry Electrical Contractors Association, et al., Defendants, Case No. 2:21-cv-5084, in the U.S. District Court for the Eastern District of New York. As previously reported in the Class Action Reporter, the Plaintiff alleges in the complaint that the Defendants have completely and utterly disregarded this critical rule to the significant detriment of the participants and beneficiaries of the Benefit Funds and members of United Service Workers Union, IUJAT, Local 363 ("Local 363" or the "Union"), participants in those funds. The Defendant Benefit Funds were established and have continued to operate solely with employer-side trustees appointed by an employer organization and without any trustees appointed by the Union, says the suit. On Jan. 11, 2023, the Defendants filed a motion to dismiss for failure to state a claim and for lack of jurisdiction, which the Court granted through an Order entered by Judge Diane Gujarati on Feb. 28, 2024. The Court held that the Plaintiff has failed to establish that he has standing to bring any of his claims against any Defendant. Therefore, the case is dismissed in its entirety, without prejudice. The appellate case is captioned Cudjoe v. Building Industry Electrical Contractors Association, Case No. 24-921, in the United States Court of Appeals for the Second Circuit, filed on April 10, 2024. [BN] Defendants-Appellees BUILDING INDUSTRY ELECTRICAL CONTRACTORS ASSOCIATION, et al., are represented by: Thomas George Aljian, Jr., Esq. ALJIAN & MONTGOMERY 28 Mulberry Drive Manahawkin, NJ 08050 Telephone: (732) 771-7764 - and - Jeffrey S. Swyers, Esq. SLEVIN & HART, PC 1625 Massachusetts Avenue, NW, Suite 450 Washington, DC 20036 Telephone: (202) 234-8231 CAPITAL ONE: Wright Appeals Suit Dismissal to 4th Circuit --------------------------------------------------------- EMILY WRIGHT, et al. are taking an appeal from a court order dismissing their lawsuit entitled Emily Wright, et al., on behalf of themselves and all others similarly situated, Plaintiffs, v. Capital One Bank (USA), NA, et al., Defendants, Case No. 1:21-cv-00803-PTG-IDD, in the U.S. District Court for the Eastern District of Virginia. On July 9, 2021, the Plaintiffs filed a complaint against the Defendants. On Oct. 6, 2022, the Plaintiffs filed an amended complaint, which the Defendants moved to dismiss for failure to state a claim. On July 31, 2023, the Plaintiffs filed second amended complaint (SAC). The SAC asserts several claims: (1) breach of contract on behalf of all Plaintiffs and the Proposed Nationwide Class; (2) unjust enrichment/quasi-contract on behalf of all Plaintiffs, the Proposed Nationwide Class, and all State Classes; (3) breach of the implied covenant of good faith and fair dealing on behalf of all Plaintiffs and the Proposed Nationwide Class; and (4) violations of state consumer protection laws in Massachusetts, North Carolina, Washington, and New Jersey. On Aug. 22, 2023, the Defendants filed a motion to dismiss the SAC, which the Court granted through an Order entered by Judge Patricia Tolliver Giles on Mar. 4, 2024. The Court ruled that the Plaintiffs fail to state a claim upon which relief may be granted. Therefore, the Defendants' motion to dismiss is granted and all claims were dismissed. The appellate case is captioned Emily Wright v. Capital One Bank (USA), NA, Case No. 24-1291, in the United States Court of Appeals for the Fourth Circuit, filed on April 8, 2024. [BN] Plaintiffs-Appellants EMILY WRIGHT, et al., on behalf of themselves and all others similarly situated, are represented by: John G. Albanese, Esq. Eleanor Michelle Drake, Esq. Ariana Kiener, Esq. BERGER MONTAGUE PC 1229 Tyler Street, NE Minneapolis, MN 55413 Telephone: (612) 594-5997 (612) 594-5933 (612) 607-7793 - and - Andrew Joseph Guzzo, Esq. Kristi Cahoon Kelly, Esq. Casey Shannon Nash, Esq. KELLY GUZZO PLC 3925 Chain Bridge Road Fairfax, VA 22030 Telephone: (703) 424-7576 (703) 424-7572 (703) 424-7571 - and - Sophia M. Rios, Esq. BERGER MONTAGUE PC 8241 1/2 La Mesa Boulevard La Mesa, CA 91942 Telephone: (619) 489-0300 Defendants-Appellees CAPITAL ONE BANK (USA), NA, et al. are represented by: Bryan Alan Fratkin, Esq. Katherine Elizabeth Lehnen, Esq. Seth Abram Schaeffer, Esq. MCGUIREWOODS, LLP 800 East Canal Street Richmond, VA 23219 Telephone: (804) 775-4352 (804) 775-7887 (804) 775-1174 - and - John S. Moran, Esq. MCGUIREWOODS, LLP 888 16th Street, NW Black Lives Matter Plaza Washington, DC 20006 Telephone: (202) 525-0356 COLORADO: McDonald's Class Cert Filing Response Extended to May 10 ------------------------------------------------------------------ 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 an order granting the Defendant McDonald's motion for extension of time to file response to plaintiff's motion to certify class action. -- McDonald's deadline to file a response to Plaintiff's motion to Certify Class Action is extended to May 10, 2024. The nature of suit states Prisoner Civil Rights.[CC] CUSTOMER CONTACT: Heinz Files TCPA Suit in D. Massachusetts ----------------------------------------------------------- A class action lawsuit has been filed against Customer Contact Solutions, LLC. The case is styled as Austin Heinz, on behalf of himself and others similarly situated v. Customer Contact Solutions, LLC, Case No. 1:24-cv-11001-NMG (D. Mass., April 16, 2024). The lawsuit is brought over alleged violation of the Telephone Consumer Protection Act for Restrictions of Use of Telephone Equipment. Customer Contact Solutions is a web design company that provides white glove service for everything you need to be successful online.[BN] The Plaintiff is represented by: Anthony I. Paronich, Esq. PARONICH LAW, P.C. 350 Lincoln St., Suite 2400 Hingham, MA 02043 Phone: (615) 485-0018 Email: anthony@paronichlaw.com EMERGENCY MEDICAL: Quick Files Suit in Okla. Dist. Ct. ------------------------------------------------------ A class action lawsuit has been filed against Emergency Medical Services Authority. The case is styled as Wade Quick, on behalf of himself and on behalf of all others similarly situated v. See's Candies, Inc., See's Candy Shops, Does 1 Through 10, Inclusive, Case No. CJ-2024-2470 (Okla. Dist. Ct., Oklahoma Cty., April 16, 2024). The case type is stated as "Civil Relief More Than $10,000: Negligence General." The Emergency Medical Services Authority (EMSA) -- https://emsa.ca.gov/ -- is Oklahoma's largest provider of pre-hospital emergency medical care.[BN] The Plaintiff is represented by: Kennedy M. Brian, Esq. William B. Federman, Esq. 10205 N. Pennsylvania Oklahoma City, OK 73120 ENLOE MEDICAL CENTER: Lovgren Suit Removed to E.D. California ------------------------------------------------------------- The case captioned as Christian Lovgren and Gina Cuneo, individuals, on behalf of themselves, and on behalf of all persons similarly situated v. ENLOE MEDICAL CENTER, a California Corporation; and DOES 1 through 50, inclusive, Case No. 24CV00200 was removed from the Superior Court of the State of California, County of Butte, to the United States District Court for the Eastern District of California on April 16, 2024, and assigned Case No. 2:24-cv-01134-DMC. The Complaint contains eleven causes of action, alleging: Unfair Competition in Violation of California Business & Professions Code, Failure to Pay Minimum Wages in Violation of California Labor Code; Failure to Pay Overtime Wages in Violation of California Labor Code; Failure to Provide Required Meal Periods in Violation of California Labor Code and the Applicable IWC Wage Order; Failure to Provide Required Rest Periods in Violation of California Labor Code and the Applicable IWC Wage Order; Failure to Provide Accurate Itemized Wage Statements in Violation of California Labor Code; Failure to Reimburse Employees for Required Expenses in Violation of California Labor Code; Failure to Pay Sick Pay Wages in Violation of California Labor Code; Discrimination and Retaliation in Violation of FEHA; and Constructive Discharge and Other Adverse Employment Actions in Violation of Public Policy.[BN] The Defendants are represented by: Barbara A. Blackburn, Esq. Douglas L. Ropel. Esq. Lauren J. Orozco, Esq. LITTLER MENDELSON, P.C. 500 Capitol Mall, Suite 2000 Sacramento, CA 95814 Phone: 916.830.7200 Fax: 916.561.0828 Email: bblackburn@littler.com dropel@littler.com lorozco@littler.com FORD MOTOR: Faces Hood Suit Over Process Coaches' Unpaid Overtime ----------------------------------------------------------------- SAMUEL HOOD, JR., on behalf of himself and others similarly situated, Plaintiff v. FORD MOTOR COMPANY, Defendant, Case No. 2:24-cv-10910-NGE-EAS (N.D. Ohio, April 9, 2024) is an action brought by the Plaintiff to collect from the Defendant unpaid overtime compensation under the Fair Labor Standards Act. Named Plaintiff was employed by Defendant for various lengths of time over the past several decades, most recently from 2015 to November 2022. He was employed as a salaried, non-exempt employee of Defendant as defined in the FLSA. Specifically, Named Plaintiff was employed by Defendant most recently as a process coach at its Cleveland Engine Plant No. 1 location in Ohio. During his employment, Named Plaintiff worked 40 or more hours in one or more workweeks but was not fully and properly paid for all his hours worked, says the suit. Ford Motor Company is an American multinational automobile manufacturer headquartered in Dearborn, Michigan.[BN] The Plaintiff is represented by: Matthew J.P. Coffman, Esq. Adam C. Gedling, Esq. Kelsie N. Hendren, Esq. Tristan T. Akers, Esq. COFFMAN LEGAL, LLC 1550 Old Henderson Rd. Suite #126 Columbus, OH 43220 Telephone: (614) 949-1181 Facsimile: (614) 386-9964 E-mail: mcoffman@mcoffmanlegal.com agedling@mcoffmanlegal.com khendren@mcoffmanlegal.com takers@mcoffmanlegal.com FREENOME HOLDINGS: Dong Files Suit in Cal. Super. Ct. ----------------------------------------------------- A class action lawsuit has been filed against Freenome Holdings, Inc., et al. The case is styled as Jonathan Tai Dong, individually, and on behalf of all others similarly situated v. Freenome Holdings, Inc., Proclinical Staffing, Inc., Does 1 Through 10, Inclusive, Case No. CGC24613979 (Cal. Super. Ct., San Francisco Cty., April 16, 2024). The case type is stated as "Other Non-Exempt Complaints." Freenome -- https://www.freenome.com/ -- is a private biotech company focused on developing blood tests to detect cancer early and make screening accessible for everyone.[BN] The Plaintiff is represented by: Kane Moon, Esq. MOON & YANG, APC 1055 W 7th St., Ste. 1880 Los Angeles, CA 90017-2529 Phone: 213-232-3128 Fax: 213-232-3125 Email: kane.moon@moonyanglaw.com GENEVA FINANCIAL: Abitbol Files TCPA Suit in D. Arizona ------------------------------------------------------- A class action lawsuit has been filed against Geneva Financial LLC. The case is styled as David Abitbol, individually and on behalf of a class of all persons and entities similarly situated v. Geneva Financial LLC, Case No. 4:24-cv-00206-RCC (D. Ariz., April 16, 2024). The lawsuit is brought over alleged violation of the Telephone Consumer Protection Act for Restrictions of Use of Telephone Equipment. Geneva Financial -- https://www.genevafi.com/ -- is a mortgage lender headquartered in Chandler, Arizona.[BN] The Plaintiff is represented by: Anthony Paronich, Esq. PARONICH LAW, P.C. 350 Lincoln St., Suite 2400 Hingham, MA 02043 Phone: (615) 485-0018 Email: anthony@paronichlaw.com GEORGES MEDIA: Richard Appeals Arbitration Ruling to 5th Circuit ---------------------------------------------------------------- WHITNEY RICHARD is taking an appeal from a court order granting the Defendant's motion to compel arbitration in the lawsuit entitled Whitney Richard, individually and on behalf of and all others similarly situated, Plaintiff, v. Georges Media Group, LLC, Defendant, Case No. 2:23-CV-1117, in the U.S. District Court for the Eastern District of Louisiana. The case arises from alleged disclosures of the Plaintiff's personally identifiable information (PII) by Georges Media Group. On Feb. 2, 2024, the Defendant filed a motion to compel arbitration, which the Court granted through an Order entered by Judge Eldon E. Fallon on Mar. 7, 2024. The Court concluded that all of Richard's claims arise out of her use of the websites, which is expressly governed by the arbitration agreement. Thus, the Defendant's motion to compel arbitration was granted and the matter was stayed and administratively closed until arbitration is completed. The appellate case is captioned Richard v. Georges Media Group, Case No. 24-30224, in the United States Court of Appeals for the Fifth Circuit, filed on April 8, 2024. [BN] Plaintiff-Appellant WHITNEY RICHARD, individually and on behalf of all others similarly situated, is represented by: John Jefcoat, Esq. GALLOWAY JEFCOAT, L.L.P. 1925 Dulles Drive P.O. Box 61550 Lafayette, LA 70596 Telephone: (337) 984-8020 Defendant-Appellee GEORGES MEDIA GROUP, LLC is represented by: Matthew Wolfe, Esq. SHOOK, HARDY & BACON, L.L.P. 111 S. Wacker Drive Chicago, IL 60606 Telephone: (312) 704-7700 GRACE OCEAN: Faces Class Action Claim Over Key Bridge Collapse -------------------------------------------------------------- American Publishing, LLC and its owners have filed a class action claim against Grace Ocean Private Limited and Synergy Marine Pte Ltd, on behalf of a class of similarly situated business owners adversely affected by the collapse of the Francis Scott Key Bridge in the admiralty proceeding pending in the District of Maryland. The action seeks compensatory damages for each Claimant individually, and as representatives on behalf of the putative class. Karen Austin and Charles Austin, Jr. are citizens and residents of Baltimore, Maryland. They owned and operated American Publishing, LLC, a company organized and existing under the laws of Maryland with its principal office located in Baltimore, Maryland. These claimants appear in their individual capacities and as representatives of the class defined as all businesses, individuals, and other entities who have sustained a loss as a result of the destruction of the Key Bridge. Grace Ocean Private Limited is a corporation organized and existing under the laws of Singapore with its registered office in Singapore, and was the registered owner of the M/V DALI. Synergy Marine Pte Ltd is a corporation organized and existing under the laws of Singapore with its registered office in Singapore and was the manager of the Vessel. Synergy was responsible for, among other things, manning and victualing the Vessel; procuring and providing deck, engine, and cabin stores; maintenance and repairs of the Vessel's hull and machinery; provisioning of spare parts, maintenance and repairs for the Vessel; and communicating with Owner and the Vessel's time charterers. The Francis Scott Key Bridge was a 1.6-mile span over the Patapsco River at the outer crossing of the Baltimore Harbor. It is owned by the Maryland Transportation Authority. The Key Bridge was completed in 1977 and made up part of Interstate 695, also known as the Baltimore Beltway. By approximately 1:28 AM local time on March 26, 2024, the Dali catastrophically allided with the Key Bridge, precipitating its immediate downfall, claiming lives, ravaging local property, and crippling the region's economic lifeline -- a catastrophe whose repercussions will resonate for generations. Since the disastrous allision, commercial activities in and around Baltimore have virtually come to a standstill. It could take several years for the area to recover fully. Among the impacted businesses is that of Claimants. "This catastrophe was wholly preventable," counsel for the Claimants, Roy L. Mason, Esq., at Smouse & Mason, LLC, asserts. "Reports indicate that alarms signaling erratic power supply had been activated even before the Dali's departure, clearly signifying its unfit state for voyage. Nevertheless, it was allowed to leave port, a decision marred by flagrant disregard for seaworthiness." The strategic position of the Francis Scott Key Bridge was vital to local businesses, including those advertised in Claimants' directory, which relied heavily on the bridge for the movement and transportation of goods, underscoring the interconnected nature of local commerce and infrastructure. Before the bridge's destruction, Claimants' business was flourishing, with increasing distribution and significant advertisement revenue from local enterprises in and around Baltimore. The escalation in customer engagement and sales effectiveness boosted the economic benefits to both military and civilian communities, reflecting positively on Claimants' publication's impact. Last year, this success led Claimants to secure a contract to publish the Base Guide for Fort Meade, anticipating an influx of new personnel and their associated needs. However, the immediate aftermath of the Key Bridge's destruction saw a dramatic halt in business activities. The local business community, stunned by the event, ceased communications, resulting in a sharp decline in service calls and sales for Claimants. Claimants were positioned to continue their business operations undisturbed, yet the destruction of the Key Bridge directly undermined this stability, causing ongoing significant revenue losses. Claimants' income declined 84% when comparing April 2023 to April 2024. There was no other reason for this dramatic loss of income other than the destruction of the Key Bridge, Mr. Mason contends. "The losses incurred by Claimants were a foreseeable consequence of the Petitioners' negligence, given their failure to ensure the seaworthiness of the vessel that ultimately led to the bridge's destruction," Mr. Mason argues. "Consequently, the destruction wrought by the Petitioners has significantly impaired Claimants' proprietary interests, with considerable financial losses that are expected to persist." The Claimants, hence, ask the Court (i) that their action be certified as a class action pursuant to Rule 23 of the Federal Rules of Civil Procedure; (ii) for the full amount of Claimants' and the Classes' damages as may be proven at trial; (iii) for costs of suit; (iv) for Attorney's fees; (v) pre-judgment and post-judgment interest as allowed by law; (vi) for injunctive relief; (vii) for punitive damages; and (viii) all other relief that the Court deems just and proper. A copy of the Complaint is available at https://tinyurl.com/yk38asmb IFIT HEALTH: Joint Bid Regarding Continued Sealing of Docs Filed ---------------------------------------------------------------- In the class action lawsuit captioned as TEEDA BARCLAY, JAY OVSAK, and NICOLE NORDICK, individually, and on behalf of all others similarly situated, v. IFIT HEALTH & FITNESS, INC. and NORDICTRACK, INC., Case No. 0:19-cv-02970-ECT-DJF (D. Minn.), the Parties ask the Court to enter an order, pursuant to Local Rule 5.6, granting continued sealing of documents. The Defendants filed one document under temporary seal in support of the Defendants' memorandum in opposition to the Plaintiffs' motion for class certification. iFIT operates as a health and fitness technology company. A copy of the Parties' motion dated April 22, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=sIq2Bs at no extra charge.[CC] The Plaintiffs are represented by: Karl L. Cambronne, Esq. Bryan L. Bleichner, Esq. Christopher P. Renz, Esq. CHESTNUT CAMBRONNE, PA 100 Washington Avenue South, Suite 1700 Minneapolis, MN 55401 Telephone: (612) 339-7300 E-mail: kcambronne@chstnutcambronne.com bbleichner@chestnutcambronne.com crenz@chestnutcambronne.com - and - Nathan D. Prosser, Esq. HELLMUTH & JOHNSON, PLLC 8050 West 78th Street Edina, MN 55439 Telephone: (952) 941-4005 E-mail: nprosser@hjlawfirm.com W.B. Markovits, Esq. Terence R. Coates, Esq. Justin C. Walker, Esq. Dylan J. Gould, Esq. MARKOVITS, STOCK & DEMARCO, LLC 119 East Court Street, Suite 530 Cincinnati, OH 45202 Telephone: (513) 651-3700 E-mail: bmarkovits@msdlegal.com tcoates@msdlegal.com jwalker@msdlegal.com dgould@msdlegal.com The Defendant are represented by: Courtney E. Ward-Reichard, Esq. Amanda M. Cialkowski, Esq. Cortney G. Sylvester, Esq. NILAN JOHNSON LEWIS PA 250 Marquette Avenue South, Suite 800 Minneapolis, MN 55401 Telephone: (612) 305-7500 E-mail: cward@nilanjohnson.com acialkowski@nilanjohnson.com csylvester@nilanjohnson.com Terry E. Welch, Esq. Austin Riter, Esq. Kade N. Olsen, Esq. PARR BROWN GEE & LOVELESS, P.C. 101 South 200 East, Suite 700 Salt Lake City, UT 84111 Telephone: (801) 532-7840 E-mail: twelch@parrbrown.com ariter@parrbrown.com kolsen@parrbrown.com IMPERIAL SUPPLIES: Fails to Pay Account Advisors' OT, Jones Says ---------------------------------------------------------------- BRITTANY JONES, on behalf of herself and all others similarly situated, Plaintiff v. IMPERIAL SUPPLIES LLC, Defendant, Case No. 24-cv-422 (E.D. Wis., April 9, 2024) is a collective and class action brought against the Defendant pursuant to the Fair Labor Standards Act and the Wisconsin's Wage Payment and Collection Laws seeking relief for Plaintiff's unpaid overtime compensation, liquidated damages, costs, attorneys' fees, and/or any such other relief the Court may deem appropriate. The complaint alleges that the Defendant operated an unlawful compensation system that deprived and failed to compensate Plaintiff and all other current and former hourly-paid, non-exempt employees for all hours worked and work performed each workweek, including at an overtime rate of pay for each hour worked in excess of 40 hours in a workweek, by failing to include all forms of non-discretionary compensation, such as monetary bonuses, commissions, incentives, awards, and/or other rewards and payments, in said employees' regular rates of pay for overtime calculation purposes, in violation of the FLSA and WWPCL. The Plaintiff was hired by the Defendant into the position of Account Advisor working at Janesville, Wisconsin office location from August 2022 until the end of her employment on March 20, 2024. Imperial Supplies LLC is a parts supplier and distributor with a principal office address in Green Bay, Wisconsin.[BN] The Plaintiff is represented by: James A. Walcheske, Esq. Scott S. Luzi, Esq. David M. Potteiger, Esq. WALCHESKE & LUZI, LLC 235 N. Executive Drive, Suite 240 Brookfield, WI 53005 Telephone: (262) 780-1953 Facsimile: (262) 565-6469 E-mail: jwalcheske@walcheskeluzi.com sluzi@walcheskeluzi.com dpotteiger@walcheskeluzi.com INDEPENDENT BANK: Grice Appeals Summary Judgment Ruling to 4th Cir. ------------------------------------------------------------------- JAMILA GRICE is taking an appeal from a court order granting in part and denying in part the Defendant's motion for summary judgment in the lawsuit entitled Jamila Grice, individually and on behalf of all others similarly situated, Plaintiff, v. Independent Bank, Defendant, Case No. 7:20-cv-01948-TMC, in the U.S. District Court for the District of South Carolina. The Plaintiff brought this purported class action for breach of contract against the Defendant. On Feb. 13, 2023, the Defendant filed a motion for summary judgment, which the Court granted in part and denied in part through an Order entered by Judge Timothy M. Cain on Mar. 26, 2024. The motion was granted to the extent the Plaintiff alleges that the Defendant breached its contract with the Plaintiff by assessing overdraft fees on Authorize Positive, Purportedly Settle Negative (APPSN) transactions prior to March 9, 2017. The Plaintiff's other claims remain. The appellate case is captioned Jamila Grice v. Independent Bank, Case No. 24-153, in the United States Court of Appeals for the Fourth Circuit, filed on April 10, 2024. [BN] Plaintiff-Petitioner JAMILA GRICE, on behalf of herself and all others similarly situated, is represented by: Tyler Dosaj, Esq. Taras Peter Kick, Esq. KICK LAW FIRM 815 Moraga Drive Los Angeles, CA 90049 - and - Sophia Goren Gold, Esq. KALIEL GOLD PLLC 950 Gilman Avenue Berkeley, CA 94710 Telephone: (202) 350-4783 - and - Jeffrey D. Kaliel, Esq. KALIEL GOLD PLLC 1100 15th Street, NW Washington, DC 20005 Telephone: (202) 615-3948 - and - David Matthew Wilkerson, Esq. VAN WINKLE LAW FIRM 11 North Market Street P.O. Box 7376 Asheville, NC 28802 Telephone: (828) 258-2991 Defendant-Respondent INDEPENDENT BANK is represented by: Jonathan M. Knicely, Esq. Thomas William McGee, III, Esq. NELSON MULLINS RILEY & SCARBOROUGH, LLP 1320 Main Street Meridian Building Columbia, SC 29206 Telephone: (803) 255-9593 KEYPOINT GOVERNMENT: Ct. Certifies FLSA Collective in Brayman ------------------------------------------------------------- In the class action lawsuit captioned as RACHEL BRAYMAN, DANA McCARTHY, and ADRIANA PONCE, individually and on behalf of all other similarly situated individuals, v. KEYPOINT GOVERNMENT SOLUTIONS, INC., a Delaware corporation, Case No. 1:18-cv-00550-WJM-NRN (D. Colo.), the Hon. Judge William J. Martínez entered an order that: 1. KeyPoint's motion to clarify the court's order denying its motion to compel arbitration is denied as moot; 2. KeyPoint's amended motion for decertification is denied; 3. Plaintiffs' amended motion for final certification of the FLSA Collective is granted; 4. The Court certifies a FLSA Collective Action class defined as follows: "All persons who worked as, or who were hired to be, a Field Investigator, Background Investigator, or in other position with similar job duties, for Defendant KeyPoint Government Solutions, Inc. at any time from April 6, 2015 to Sept. 18, 2019." 5. Plaintiffs' amended motion for Rule 23 Class Certification is denied; and 6. Counsel shall jointly contact the chambers of Magistrate Judge N. Reid Neureiterby no later than April 22, 2024 to set a status conference or such other proceeding as Judge Neureiter deems appropriate to move this action forward. The Plaintiffs allege that "all Plaintiffs worked unpaid overtime hours because of the same company-wide performance-based metric system, which encouraged or pressured the Plaintiffs to underreport their hours" and that "they needed to work overtime hours to complete their regularly assigned heavy workload, including their reworks, and to meet unrealistic performance expectations." The Plaintiffs, who worked as field investigators ("FIs"), operated remotely from their homes around the country and were classified as hourly, non-exempt employees. KeyPoint provides investigative services to federal government agencies, including the Office of Personnel Management. A copy of the Court's order dated April 17, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=rGWmZx at no extra charge.[CC] MARY JANE ELLIOT: Appeals Class Cert. Ruling in VanderKodde Suit ---------------------------------------------------------------- ENCORE CAPITAL GROUP, INC., et al. are taking an appeal from a court order in the lawsuit entitled Daniel VanderKodde, et al., individually and on behalf of all others similarly situated, Plaintiffs, v. Mary Jane Elliott, PC, et al., Defendants, Case No. 1:17-cv-00203, in the U.S. District Court for the Western District of Michigan. The Plaintiffs allege the Defendants violated the Fair Debt Collection Practices Act (FDCPA), the Michigan Regulation of Collection Practices Act (MRCPA) and the Michigan Occupational Code (MOC) by filing writs of garnishment that calculated post-judgment interest at a rate not authorized by statute. On Sept. 18, 2020, the Plaintiffs filed a motion for class certification, which the Court granted through an Order entered by Judge Paul L. Maloney on Mar. 1, 2024. The Court finds that the allegations and the record support the Plaintiffs' request and approves two classes. On Mar. 15, 2024, the Defendants filed a motion for reconsideration of the Order granting Plaintiffs' motion to certify class, which the Court denied on Mar. 26, 2024. The appellate case is captioned Daniel VanderKodde, et al. v. Mary Jane Elliott, PC, et al., Case No. 24-0103, in the United States Court of Appeals for the Sixth Circuit, filed on April 10, 2024. [BN] Plaintiffs-Respondents DANIEL VANDERKODDE, et al., on behalf of themselves and all others similarly situated, are represented by: Phillip C. Rogers, Esq. 2851 Charlevoix Drive, S.E., Suite 205 Grand Rapids, MI 49546 Telephone: (616) 776-1176 - and - Theodore James Westbrook, Esq. WESTBROOK LAW 2851 Charlevoix Drive, S.E., Suite 205 Grand Rapids, MI 49546 Telephone: (616) 288-9548 Defendants-Petitioners ENCORE CAPITAL GROUP, INC., et al. are represented by: Theodore W. Seitz, Esq. DYKEMA 201 Townsend Street, Suite 900 Lansing, MI 48933 Telephone: (517) 374-9100 - and - Nabil Gallo Foster, Esq. BARRON & NEWBURGER 53 W. Jackson Boulevard, Suite 1205 Evanston, IL 60604 Telephone: (312) 767-5750 - and - Michael J. Cook, Esq. COLLINS EINHORN FARRELL 4000 Town Center, Ninth Floor Southfield, MI 48075 Telephone: (248) 355-4141 MDL 2492: Richardson Appeals Class Cert. Bid Denial --------------------------------------------------- Plaintiff JAMIE RICHARDSON filed an appeal from the District Court's March 22, 2024 Order entered in the lawsuit styled Jamie Richardson, individually and on behalf of all other similarly situated, Plaintiff v. Southeastern Conference and National Collegiate Athletic Association, the Defendants, Case No. 1:16-cv-09980, in the U.S. District Court for the Northern District of Illinois. The case was transferred from the U.S. District Court for the Southern District of Indiana to the Northern District of Illinois on October 25, 2016. The Richardson case was consolidated with MDL 2492 in re: National Collegiate Athletic Association Student-Athlete Concussion Injury Litigation. The MDL was created by Order of the United States Judicial Panel on Multidistrict Litigation on December 18, 2013. The actions before the Panel seek medical monitoring for putative classes of former student athletes at NCAA-member schools who allege they suffered concussions. Plaintiffs allege that the NCAA concealed information about the risks of the long-term effects of concussion injuries. Opponents to centralization argue, inter alia, that (1) the putative classes and claims alleged in these actions do not sufficiently overlap; and (2) given the small number of actions pending, alternatives to centralization are preferable. In its December 18, 2013 Order, the MDL Panel found that the actions in this MDL involve common questions of fact, and that centralization in the Northern District of Illinois will serve the convenience of the parties and witnesses and promote the just and efficient conduct of the litigation. These actions share factual questions relating to allegations against the NCAA stemming from injuries sustained while playing sports at NCAA-member institutions, including damages resulting from the permanent long-term effects of concussions. The Plaintiff filed asked the Court to certify the following classes: -- Langston Classes: Plaintiff Nicolette Ann Langston, on behalf of the Estate of Zachary Langston, proposed certification of the Langston Student-Athlete Class: All individuals who participated in Pittsburg State University's NCAA-sanctioned football program between 1958 and 2010, or their authorized representatives, ordered by a court or other official of competent jurisdiction under applicable state law. -- Young Derivative Class: Plaintiff Danae Young, on behalf of D.L., a minor, proposed certification of the Young Derivative Class: Spouses, parents, children who are dependents, or any other persons who properly under applicable state law assert the right to sue independently or derivatively by reason of their relationship with individuals who participated in Pittsburg State University’s NCAA-sanctioned football program between 1958 and 2010. -- Richardson Class: Plaintiff Jamie Richardson proposed certification of the Richardson Class: All individuals who participated in the University of Florida's NCAA-sanctioned football program between 1958 and 2010, or their authorized representatives, ordered by a court or other official of competent jurisdiction under applicable state law. -- Rose Class: Plaintiff Michael Rose and Timothy Stratton proposed certification of the Rose Class: All individuals who participated in Purdue University's NCAA-sanctioned football program between 1958 and 2010, or their authorized representatives, ordered by a court or other official of competent jurisdiction under applicable state law. -- Weston Class: Plaintiff Eric Weston proposed certification of the Weston Class: All individuals who participated in Weber State's NCAA-sanctioned football program between 1958 and 2010, or their authorized representatives, ordered by a court or other official of competent jurisdiction under applicable state law. On March 22, 2024, a Memorandum Opinion and Order was signed by the Honorable Manish S. Shah holding that Plaintiffs' motion to proceed with Fed R. Civ. P. Rule 23(c)(4) issue certification is denied. The NCAA's motion to compel the sample-case Plaintiffs to respond to discovery requests was denied as moot. The appellate case is captioned as In re National Collegiate Athletic Association Student-Athlete Concussion Injury Litigation—Single Sport/Single School (Football) JAMIE RICHARDSON, Plaintiff-Petitioner v. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, Defendant-Respondent, Case No. 24-8009, in the United States Court of Appeals for the Seventh Circuit, filed on April 5, 2024. The questions presented are: 1. Does a release which preserves the ability of settlement class members to pursue class claims nevertheless preclude class members from seeking issues class certification in a subsequent class case? 2. Is class certification proper only if every member of the class has standing to sue? 3. May class certification be denied before the parties submit evidence to support or oppose the motion? 4. Is a proceeding in which several key time- and resource-intensive issues are resolved on a class basis an appropriate use of Fed. R. Civ. P. 23(c)(4)? [BN] Plaintiff-Petitioner JAMIE RICHARDSON is represented by: Ryan D. Andrews, Esq. EDELSON P.C. 350 N. LaSalle Street Chicago, IL 60654 Telephone: (312) 589-6374 - and - John Lawson, Esq. EDELSON, P.C. 150 California Street San Francisco, CA 94111 Telephone: (415) 212-9300 Defendant-Respondent NATIONAL COLLEGIATE ATHLETIC ASSOCIATION is represented by: Mark S. Mester, Esq. Johanna M. Spellman, Esq. LATHAM & WATKINS LLP 330 N. Wabash Avenue Chicago, IL 60611 Telephone: (312) 876-7700 MDL 2492: Rose Appeals Denial of Bid to Certify Class ----------------------------------------------------- Plaintiffs MICHAEL ROSE, and TIMOTHY STRATTON filed an appeal from the District Court's March 22, 2024 Order entered in the lawsuit styled MICHAEL ROSE, and TIMOTHY STRATTON, individually and on behalf of all others similarly situated, Plaintiffs v. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION and BIG TEN CONFERENCE, Defendants, Case No. 1:17-cv-01402, in the U.S. District Court for the Northern District of Illinois. The Rose case was consolidated with MDL 2492 In re: National Collegiate Athletic Association Student-Athlete Concussion Injury Litigation. The MDL was created by Order of the United States Judicial Panel on Multidistrict Litigation on December 18, 2013. The actions before the Panel seek medical monitoring for putative classes of former student athletes at NCAA-member schools who allege they suffered concussions. Plaintiffs allege that the NCAA concealed information about the risks of the long-term effects of concussion injuries. Opponents to centralization argue, inter alia, that (1) the putative classes and claims alleged in these actions do not sufficiently overlap; and (2) given the small number of actions pending, alternatives to centralization are preferable. In its December 18, 2013 Order, the MDL Panel found that the actions in this MDL involve common questions of fact, and that centralization in the Northern District of Illinois will serve the convenience of the parties and witnesses and promote the just and efficient conduct of the litigation. These actions share factual questions relating to allegations against the NCAA stemming from injuries sustained while playing sports at NCAA-member institutions, including damages resulting from the permanent long-term effects of concussions. The Plaintiffs filed a motion seeking certification of the following classes: -- Langston Classes: Plaintiff Nicolette Ann Langston, on behalf of the Estate of Zachary Langston, proposed certification of the Langston Student-Athlete Class: All individuals who participated in Pittsburg State University's NCAA-sanctioned football program between 1958 and 2010, or their authorized representatives, ordered by a court or other official of competent jurisdiction under applicable state law. -- Young Derivative Class: Plaintiff Danae Young, on behalf of D.L., a minor, proposed certification of the Young Derivative Class: Spouses, parents, children who are dependents, or any other persons who properly under applicable state law assert the right to sue independently or derivatively by reason of their relationship with individuals who participated in Pittsburg State University’s NCAA-sanctioned football program between 1958 and 2010. -- Richardson Class: Plaintiff Jamie Richardson proposed certification of the Richardson Class: All individuals who participated in the University of Florida's NCAA-sanctioned football program between 1958 and 2010, or their authorized representatives, ordered by a court or other official of competent jurisdiction under applicable state law. -- Rose Class: Plaintiff Michael Rose and Timothy Stratton proposed certification of the Rose Class: All individuals who participated in Purdue University's NCAA-sanctioned football program between 1958 and 2010, or their authorized representatives, ordered by a court or other official of competent jurisdiction under applicable state law. -- Weston Class: Plaintiff Eric Weston proposed certification of the Weston Class: All individuals who participated in Weber State's NCAA-sanctioned football program between 1958 and 2010, or their authorized representatives, ordered by a court or other official of competent jurisdiction under applicable state law. On March 22, 2024, a Memorandum Opinion and Order was signed by the Honorable Manish S. Shah holding that Plaintiffs' motion to proceed with Fed R. Civ. P. Rule 23(c)(4) issue certification is denied. The NCAA's motion to compel the sample-case Plaintiffs to respond to discovery requests was denied as moot. The appellate case is captioned as In re National Collegiate Athletic Association Student-Athlete Concussion Injury Litigation—Single Sport/Single School (Football) MICHAEL ROSE, and TIMOTHY STRATTON, individually and on behalf of all others similarly situated, Plaintiffs-Petitioners v. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION and BIG TEN CONFERENCE, Defendants-Respondents, Case No. 24-8010, in the United States Court of Appeals for the Seventh Circuit, filed on April 5, 2024. The questions presented are: 1. Does a release which preserves the ability of settlement class members to pursue class claims nevertheless preclude class members from seeking issues class certification in a subsequent class case? 2. Is class certification proper only if every member of the class has standing to sue? 3. May class certification be denied before the parties submit evidence to support or oppose the motion? 4. Is a proceeding in which several key time- and resource-intensive issues are resolved on a class basis an appropriate use of Fed. R. Civ. P. 23(c)(4)? [BN] Plaintiffs-Petitioners MICHAEL ROSE, and TIMOTHY STRATTON, individually and on behalf of all others similarly situated, are represented by: Ryan D. Andrews, Esq. EDELSON P.C. 350 N. LaSalle Street Chicago, IL 60654 Telephone: (312) 589-6374 - and - John Lawson, Esq. EDELSON, P.C. 150 California Street San Francisco, CA 94111 Telephone: (415) 212-9300 Defendants-Respondents NATIONAL COLLEGIATE ATHLETIC ASSOCIATION and BIG TEN CONFERENCE are represented by: Mark S. Mester, Esq. Johanna M. Spellman, Esq. LATHAM & WATKINS LLP 330 N. Wabash Avenue Chicago, IL 60611 Telephone: (312) 876-7700 - and - Michael A. Olsen, Esq. Daniel L. Ring, Esq. Andrew S. Rosenman, Esq. MAYER BROWN LLP 71 S. Wacker Drive Chicago, IL 60606 MDL 3010: SkinnySchool Files 2nd Cir. Appeal in Antitrust Suit -------------------------------------------------------------- Plaintiffs SkinnySchool LLC, et al., filed an appeal from the District Court's Opinion and Order dated March 1, 2024 and Order and Judgment dated March 4 entered in the lawsuit styled SkinnySchool, LLC and Mint Rose Day Spa, LLC, Plaintiffs v. Google LLC, Case No. 1:21-cv-07045-PKC, consolidated in "In Re: Google Digital Advertising Antitrust Litigation," MDL No. 3010, in the United States District Court for the Southern District of New York. As reported in the Class Action Reporter on August 31, 2021, the actions concern Google's alleged monopolization and suppression of competition in online display advertising -- essentially, the marketplace for the placement of digital display ads on websites and mobile apps. The parties describe the principal participants in online display advertising as advertisers seeking to place ads on the internet, online content providers such as news sites offering ad space alongside digital content, and high-speed electronic trading venues called "exchanges" that advertisers and online publishers use to manage the buying and selling of ad space. The actions allege that Google runs the largest ad exchange and has engaged in unlawful acts to suppress competition, causing injuries to advertisers and publishers that participate in its exchange by imposing supracompetitive pricing and depriving them of revenue. The Plaintiffs in all actions seek declaratory and equitable relief under federal or state antitrust laws to stop the alleged conduct and damages. On August 20, 2021, the case 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 New York for centralized pretrial proceedings in MDL No. 3010. On February 3, 2023, the Defendant filed a motion to dismiss the consolidated amended class action complaint. On March 1, 2024, the motions to dismiss in In re: Google Digital Antitrust Advertising was GRANTED as to Plaintiffs' claims directed to Project Elmo, Project Poirot and Reserve Price Optimization. Count III and Count V were also dismissed. The motion to dismiss the consolidated complaint in SPX Total Body Fitness LLC v. Google LLC, and SkinnySchool LLC, et al. v Google LLC, was GRANTED in its entirety. On March 4, for the reasons set forth in the Opinion and Order of March 1, 2024, the motions to dismiss Plaintiffs' claims were GRANTED. Accordingly, the case was closed. The appellate case is captioned as In Re: Google Digital Advertising Antitrust Litigation, Case No. 24-875, in the United States Court of Appeals for the Second Circuit, filed on April 5, 2024.[BN] Plaintiffs-Appellants SKINNYSCHOOL LLC, D/B/A Maria Marques Fitness; and MINT ROSE DAY SPA LLC, on behalf of themselves and all others similarly situated, are represented by: Fred Taylor Isquith, Esq. ISQUITH LAW PLLC 103 East 84th Street New York, NY 10028 OLLIE'S BARGAIN: Allowed Leave to File Docs Under Seal ------------------------------------------------------ In the class action lawsuit captioned as JAMES PAULI, on behalf of himself and all others similarly situated, v. Ollie's Bargain Outlet, Inc., Case No. 5:22-cv-00279-MAD-ML (N.D.N.Y.), the Hon. Judge Mae D'Agostino entered an order granting the Defendant's supplemental letter motion for leave to file under seal and remove confidential filings from the docket. The Clerk of the Court is directed to seal the following papers in support of the Defendant's opposition to Plaintiff's motion for class certification and remove them from the docket: 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 Exhibit T 4.5.19 Swain Performance Review Ollie's Bargain is an American chain of discount closeout retailers. A copy of the Court's order dated April 17, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=ukZcFj at no extra charge.[CC] RAZOR OILFIELD: Lafleur Suit Transferred to E.D. Texas ------------------------------------------------------ The case styled as Shaphan Lafleur, Shaphan Lafleur, individually and on behalf of all others similarly situated v. Razor Oilfield Services, LLC, Case No. 5:23-cv-01010 was transferred from the U.S. District Court for the Western District of Oklahoma, to the U.S. District Court for the Eastern District of Texas on April 16, 2024. The District Court Clerk assigned Case No. 6:24-cv-00139-JCB to the proceeding. The lawsuit is brought over alleged violation of the Fair Labor Standards Act for Denial of Overtime Compensation. Razor Oilfield Services, LLC aims to be recognized by our customers as one of the most efficient and capable providers of equipment and services in the oilfield.[BN] The Plaintiff is represented by: Melinda Arbuckle, Esq. Ricardo J. Prieto, Esq. WAGE AND HOUR FIRM 5050 Quorum Drive, Ste 700 Dallas, TX 75254 Phone: (214) 489-7653 Fax: (469) 319-0317 Email: marbuckle@wageandhourfirm.com rprieto@wageandhourfirm.com SEE'S CANDIES INC: Espinoza Files Suit in Cal. Super. Ct. --------------------------------------------------------- A class action lawsuit has been filed against See's Candies, Inc., et al. The case is styled as Mara Del Scorro Espinoza, individually, and on behalf of all others similarly situated v. See's Candies, Inc., See's Candy Shops, Does 1 Through 10, Inclusive, Case No. CGC24613980 (Cal. Super. Ct., San Francisco Cty., April 16, 2024). The case type is stated as "Other Non-Exempt Complaints." See's Candies -- https://www.sees.com/ -- is an American manufacturer and distributor of candy, particularly chocolates.[BN] The Plaintiff is represented by: Kane Moon, Esq. MOON & YANG, APC 1055 W 7th St., Ste. 1880 Los Angeles, CA 90017-2529 Phone: 213-232-3128 Fax: 213-232-3125 Email: kane.moon@moonyanglaw.com STRATEGIC DELIVERY: Asenseh Suit Removed to D. Massachusetts ------------------------------------------------------------ The case captioned as Sebastian Asenseh, individually and for all others similarly situated v. STRATEGIC DELIVERY SERVICES, LLC, Case No. 2484CV00519G was removed from the Superior Court of the Commonwealth of Massachusetts, to the United States District Court for the District of Massachusetts on April 16, 2024, and assigned Case No. 1:24-cv-10997. The Complaint asserts three causes of action under Massachusetts law: independent contractor misclassification; failure to pay wages; and reimbursement of transportation expenses.[BN] The Defendants are represented by: Daniel R. Sonneborn, Esq. PRETI FLAHERTY BELIVEAU AND PACHIOS, LLP 60 State Street, Suite 1100 Boston, MA 02109 Phone: 617-226-3852 Email: dsonneborn@preti.com TRUECOVERAGE LLC: Hewett Balks at Pre-Recorded Telemarketing Calls ------------------------------------------------------------------ JASON HEWETT, individually and on behalf of all others similarly situated, Plaintiff v. TRUECOVERAGE LLC, Defendant, Case No. 7:24-cv-339 (E.D.N.C., April 9, 2024) seeks redress for the Defendant's illegal telemarketing under the Telephone Consumer Protection Act and the fairness and efficiency goals of Rule 23 of the Federal Rules of Civil Procedure. Plaintiff Hewett alleges that Defendant made unsolicited pre-recorded telemarketing calls to him and others without their prior express consent. Because these calls were transmitted using technology capable of generating thousands of similar calls per day, he sues on behalf of a proposed nationwide class of other persons who received similar calls, the Plaintiff asserts. TrueCoverage LLC markets and sells health insurance with its principal place of business and headquarters in Boca Raton, Florida.[BN] The Plaintiff is represented by: Ryan Duffy, Esq. THE LAW OFFICE OF RYAN P. DUFFY, PLLC 1213 W. Morehead Street Suit 500, Unit #450 Charlotte, NC 28208 Telephone: (704) 741-9399 E-mail: ryan@ryanpduffy.com - and - Anthony I. Paronich, Esq. PARONICH LAW, P.C. 350 Lincoln Street, Suite 2400 Hingham, MA 02043 Telephone: (508) 221-1510 E-mail: anthony@paronichlaw.com WELLS FARGO & COMPANY: Bishop Suit Transferred to N.D. California ----------------------------------------------------------------- The case styled as Terry Bishop, individually and on behalf of all others similarly situated v. Wells Fargo & Company, Wells Fargo Bank, N.A., Case No. 1:24-cv-00435 was transferred from the U.S. District Court for the Northern District of Ohio, to the U.S. District Court for the Northern District of California on April 16, 2024. The District Court Clerk assigned Case No. 3:24-cv-02269-RFL to the proceeding. The lawsuit is brought over alleged violation of the Fair Credit Reporting Act. Wells Fargo & Company -- http://www.wellsfargo.com/-- is an American multinational financial services company with a significant global presence.[BN] The Plaintiffs are represented by: Brian D. Flick, Esq. DANN LAW P.O. Box. 6031040 Cleveland, OH 44103 Phone: (216) 373-0539 Facsimile: (216) 373-0536 Email: bflick@dannlaw.com - and - Thomas A. Zimmerman, Jr., Esq. ZIMMERMAN LAW OFFICES, P.C. 77 W. Washington Street, Suite 1220 Chicago, IL 60602 Phone: (312) 440-0020 Facsimile: (312) 440-4180 Email: tom@attorneyzim.com - and - Marc E Dann., Esq. DANN LAW FIRM 15000 Madison Avenue Lakewood, OH 44107 Phone: (216) 373-0539 Fax: (216) 373-0536 Email: notices@dannlaw.com The Defendant is represented by: Branden P. Moore, Esq. MCGUIRE WOODS - PITTSBURGH 260 Forbes Avenue, Ste. 1800 Pittsburgh, PA 15222 Phone: (412) 667-7908 Fax: (412) 667-7979 Email: bmoore@mcguirewoods.com ********* S U B S C R I P T I O N I N F O R M A T I O N Class Action Reporter is a daily newsletter, co-published by Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Washington, D.C., USA. Rousel Elaine T. Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L. Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors. Copyright 2024. All rights reserved. ISSN 1525-2272. This material is copyrighted and any commercial use, resale or publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. Information contained herein is obtained from sources believed to be reliable, but is not guaranteed. The CAR subscription rate is $775 for six months delivered via e-mail. Additional e-mail subscriptions for members of the same firm for the term of the initial subscription or balance thereof are $25 each. For subscription information, contact Peter A. Chapman at 215-945-7000. *** End of Transmission ***