/raid1/www/Hosts/bankrupt/CAR_Public/240507.mbx
C L A S S A C T I O N R E P O R T E R
Tuesday, May 7, 2024, Vol. 26, No. 92
Headlines
3M COMPANY: Byrd Suit Removed to N.D. Alabama
ADAPTHEALTH CORP: $51MM Class Settlement to be Heard on June 20
AGA SERVICE COMPANY: Healey Sues Over Unpaid Claims and Insurance
ALDO GROUP: Richmond Sues Over Unlawful Credit Reporting
AMBIT ILLINOIS: Bochat Suit Removed to N.D. Illinois
APPLE MOVING: Brown Sues Over Unlawful Employment Practices
APPLEBEES RESTAURANTS: Garzon Files TCPA Suit in M.D. Florida
ARISE VIRTUAL: Has Until May 9 to Respond to De Niro Complaint
ARMOIRE STYLE INC: Reid Files ADA Suit in E.D. New York
ASCENSION HEALTH: French Suit Removed to N.D. Illinois
AVIS BUDGET GROUP: Livingston Files Suit in D. New Jersey
BANK OF AMERICA: Performance Jet Suit Removed to C.D. California
BANNER HEALTH: Suit Removed to E.D. California
BMW FINANCIAL: ORG Holdings Suit Removed to N.D. Ohio
BUFFALO WILD WINGS: Machuca Suit Removed to C.D. California
CALATLANTIC GROUP LLC: Thompson Suit Removed to D. South Carolina
CAREMARK PHC: Flowers Suit Removed to W.D. Arkansas
CAROLINA RESTAURANT: Woodhead Files ADA Suit in W.D. North Carolina
CHANGE HEALTHCARE: CCFC Sues Over Failure to Protect System
CHRYSO INC: SMBA Construction Files Suit in S.D. New York
CLASSPASS USA: Ghazizadeh Files Suit in S.D. New York
COMMUNITY MEDICAL: Zuniga Files Suit in Cal. Super. Ct.
CONSERVICE LLC: Jolicoeur-Louis Suit Removed to C.D. California
CONTEMPORARY SERVICES: Herrera Sues Over Failure to Pay Overtime
DANIEL LENT: Chavez Files FDCPA Suit in C.D. California
DAVID B. PERKINS: Miley Files Suit in Del. Chancery Ct.
DREYER'S GRAND: Hurst Suit Removed to N.D. California
ECCO RETAIL LLC: Wilkins ADA Suit Removed to E.D. Pennsylvania
ELS CONSTRUCTION: Cucalon Sues Over Unpaid Minimum, Overtime Wages
ELYMIR INC: Perez Sues Over Unpaid Wages and Unlawful Deductions
EXECUTIVE CONSULTING: Grafenberg Suit Removed to D. Massachusetts
EXPERIAN INFORMATION: Bueno Suit Removed to N.D. Illinois
EXPRESS METALS: Lanzagortha Sues Over Unpaid Minimum, Overtime Wage
FAMILY DOLLAR: Childers Suit Transferred to E.D. New York
FARMERS INSURANCE: Anderson Files TCPA Suit in N.D. Oklahoma
FIA LIQUIDATION COMPANY: Hargrave Suit Removed to M.D. Florida
FIRSTSOURCE ADVANTAGE: Weinberger Files FDCPA Suit in D. New Jersey
FORTRA LLC: Aubie Suit transferred to S.D. Florida
FORTRA LLC: Underwood Suit Transferred to S.D. Florida
GENERAL MOTORS: Ulrich Sues Over Defective Vehicles
GERSON LEHRMAN GROUP: Knapp Files Suit in S.D. New York
INSOMNIA COOKIES: Combs Suit Removed to N.D. California
INTELLICHECK INC: Perez Files Suit in N.D. Illinois
JUMIO INC: Czyszczon Sues Over Unlawful Use of Biometric Data
JUMIO INC: Rosas Sues Over Unlawful Collection of Biometric Data
KELLER WILLIAMS: Bueker Files Suit in E.D. Missouri
KELLER WILLIAMS: Cardero Files TCPA Suit in S.D. Florida
LA ROSA: Bid to Dismiss Palmer National Suit Remains Pending
LAWRENCE, KS: Almanzar Files Suit in Mass. Super. Ct.
LEADSMARKET.COM LLC: Roehrman Files TCPA Suit in S.D. Indiana
LONNIE BUSH: Winslow Files TCPA Suit in M.D. North Carolina
LOS ANGELES, CA: Williams Files Suit in C.D. California
LYV LIFE INC: Reid Files ADA Suit in S.D. New York
MAD CITY HOME: Saladino Files TCPA Suit in D. Minnesota
MEDTECH PRODUCTS: Weisberg Suit Removed to E.D. New York
MOUNTAIN HOUSE: Ramos Sues Over Unpaid Minimum, Overtime Wages
MY CREDIT GUY: Harris Files Suit in D. Minnesota
NEIWAI US INC: Bunting Files ADA Suit in E.D. New York
NEWREZ LLC: Hernandez Files Suit in N.D. Illinois
OATLY GROUP: $9.25MM Class Settlement to be Heard on July 17
PACIFIC WOODTECH: Roberts Suit Removed to E.D. California
PIONEER MERGER: $13MM Class Settlement to be Heard on May 28
PLANET HOME LENDING: Shine FDCPA Suit Removed to C.D. California
POPPIN FURNITURE: Karim Files ADA Suit in S.D. New York
REAL ESTATE ONE: Hartz Suit Removed to N.D. Illinois
RELIANT PROPERTY: Walker Files Suit in Cal. Super. Ct.
SAIA MOTOR FREIGHT: Moore Suit Removed to C.D. California
SHERIKA HADLEY: Diamond State Files Suit in E.D. Tennessee
SHIPT INC: Boson Suit Removed to N.D. California
SOUTHSTATE BANK: A.M. Files Suit in N.D. Georgia
SUN-MAID GROWERS: McGarity Suit Removed to S.D. California
TEAM MANAGEMENT: Collins Seek Leave to Amend Complaint
TESTEQUITY LLC: Ballentine Suit Removed to C.D. California
TIGER LINES: Guerrero Files Suit in Cal. Super. Ct.
TOYOTA OF DALLAS: Parties Seek to Modify Class Cert Sched Order
TROP INC: Milburn Sues Over Unpaid Wages and Unlawful Deductions
TSYS MERCHANT: SBCW Consulting Files Suit in C.D. California
UNDERGROUND SUPPLY: Jimenez Suit Removed to N.D. Illinois
UNIBARNS TRADING: Parties Seek Extension of Class Cert Deadline
UNITED SERVICES: Abulhusn Sues Over Unpaid Minimum, Overtime Wages
UPROXX LLC: Kuzenski Seeks More Time for Class Cert Bid Filing
VALE SA: Appeal on Technical Evidence Submission Order Pending
VALE SA: Continues to Defend Consolidated Securities Class Suits
WALMART INC: Guzman Suit Removed to N.D. California
WASTE MANAGEMENT: Parties Must Submit Proposed Order by May 24
WASTE MANAGEMENT: Plaintiff Must File Class Cert Bid by June 14
WELLPATH LLC: Parties Seek More Time for Class Cert Bid Filing
WELLS FARGO: Plaintiffs Seek to Certify Class & Subclasses
WELLS FARGO: Plaintiffs Seek to Seal Docs in Mortgage Class Suit
WHOLE FOODS: Yount Suit Removed to W.D. Washington
WILLIAMS-SONOMA STORES: Yount Suit Removed to W.D. Washington
WYNDHAM VACATION: Yorks Files Suit in M.D. Florida
*********
3M COMPANY: Byrd Suit Removed to N.D. Alabama
---------------------------------------------
The case captioned as Robert Byrd, et al., and others similarly
situated v. THE 3M COMPANY, et al., Case No. 01-CV-2024-901027.00
was removed from the Circuit Court for Jefferson County, to the
United States District Court for the Northern District of Alabama
on April 18, 2024, and assigned Case No. 2:24-cv-00488-ACA.
The Plaintiffs, Robert Byrd et al., seek to hold Tyco and certain
other Defendants liable based on their alleged conduct in
designing, manufacturing, marketing, distributing, and/or selling
aqueous film forming foam ("AFFF") that Plaintiff alleges has
resulted in contamination. Specifically, Plaintiff alleges that
Defendants' AFFF contained per- and polyfluoroalkyl substances
("PFAS"), including perfluorooctanoic acid ("PFOA") and
perfluorooctane sulfonic acid ("PFOS"), and that the release of
those substances into Plaintiffs' water supplies has caused them to
sustain personal injuries and bioaccumulation of PFAS in their
bodies.[BN]
The Defendants are represented by:
Gregory M. Taube, Esq.
NELSON MULLINS RILEY & SCARBOROUGH LLP
201 17th Street, NW, Suite 1700
Atlanta, GA 30363
Phone: (404) 322-6000
Fax: (404) 322-6050
Email: greg.taube@nelsonmullins.com
ADAPTHEALTH CORP: $51MM Class Settlement to be Heard on June 20
---------------------------------------------------------------
The following statement is being issued by
Robbins Geller Rudman & Dowd LLP issued a statement regarding the
AdaptHealth Securities Litigation:
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
DELAWARE COUNTY EMPLOYEES RETIREMENT SYSTEM and BUCKS COUNTY
EMPLOYEES' RETIREMENT SYSTEM, Individually and on Behalf of All
Others Similarly Situated,
Plaintiffs,
vs.
ADAPTHEALTH CORP. f/k/a DFB HEALTHCARE ACQUISITIONS CORP., LUKE
MCGEE, STEPHEN P. GRIGGS, JASON CLEMENS, FRANK J. MULLEN, RICHARD
BARASCH, JOSHUA PARNES, ALAN QUASHA, TERENCE CONNORS, DR. SUSAN
WEAVER, DALE WOLF, BRADLEY COPPENS, and DAVID S. WILLIAMS III,
Defendants.
Civil Action No. 2:21-cv-03382-HB
CLASS ACTION
SUMMARY NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION
TO: ALL PERSONS WHO PURCHASED OR OTHERWISE ACQUIRED ADAPTHEALTH
CORP. ("ADAPTHEALTH" OR THE "COMPANY") COMMON STOCK OR CALL OPTIONS
ON ADAPTHEALTH COMMON STOCK OR SOLD PUT OPTIONS ON ADAPTHEALTH
COMMON STOCK ("ADAPTHEALTH SECURITIES") BETWEEN NOVEMBER 8, 2019
AND JULY 16, 2021, INCLUSIVE ("SETTLEMENT CLASS" OR "SETTLEMENT
CLASS MEMBERS")
THIS NOTICE WAS AUTHORIZED BY THE COURT. IT IS NOT A LAWYER
SOLICITATION. PLEASE READ THIS NOTICE CAREFULLY AND IN ITS
ENTIRETY.
YOU ARE HEREBY NOTIFIED that a hearing will be held on June 20,
2024, at 1:30 p.m., before the Honorable Harvey Bartle III at the
United States District Court, Eastern District of Pennsylvania,
James A. Byrne U.S. Courthouse, 601 Market Street, Philadelphia, PA
19106 to determine whether: (1) the proposed settlement (the
"Settlement") of the above-captioned Action as set forth in the
Stipulation and Agreement of Settlement ("Stipulation")1 for
$51,000,000 in cash, one million shares of AdaptHealth common
stock, and corporate governance reforms to be adopted by
AdaptHealth, should be approved by the Court as fair, reasonable
and adequate; (2) the Judgment as provided under the Stipulation
should be entered dismissing the Action with prejudice; (3) to
award Lead Plaintiffs' Counsel attorneys' fees and expenses out of
the Settlement Fund (as defined in the Notice of Pendency and
Proposed Settlement of Class Action ("Notice"), which is discussed
below) and, if so, in what amounts; (4) to award Lead Plaintiffs
for their costs and expenses in representing the Settlement Class
pursuant to 15 U.S.C. Sec. 78u-4(a)(4) out of the Settlement Fund
and, if so, in what amount; and (5) the Plan of Allocation should
be approved by the Court as fair, reasonable and adequate.
The Court may decide to conduct the Final Approval Hearing by video
or telephonic conference, or otherwise allow Settlement Class
Members to appear at the hearing by phone, without further written
notice to the Settlement Class. In order to determine whether the
date and time of the Final Approval Hearing have changed, or
whether Settlement Class Members must or may participate by phone
or video, it is important that you monitor the Court's docket and
the Settlement website, www.AdaptHealthSecuritiesSettlement.com,
before making any plans to attend the Final Approval Hearing. Any
updates regarding the Final Approval Hearing, including any changes
to the date or time of the hearing or updates regarding in-person
or telephonic appearances at the hearing, will also be posted to
the Settlement website, www.AdaptHealthSecuritiesSettlement.com.
Also, if the Court requires or allows Settlement Class Members to
participate in the Final Approval Hearing by telephone, the phone
number for accessing the telephonic conference will be posted to
the Settlement website, www.AdaptHealthSecuritiesSettlement.com.
IF YOU PURCHASED OR ACQUIRED ADAPTHEALTH SECURITIES BETWEEN
NOVEMBER 8, 2019 AND JULY 16, 2021, INCLUSIVE, YOUR RIGHTS ARE
AFFECTED BY THE SETTLEMENT OF THIS ACTION.
To share in the distribution of the Net Settlement Fund, you must
establish your rights by submitting a Proof of Claim and Release
form ("Proof of Claim") by mail (postmarked no later than July 15,
2024) or electronically (no later than July 15, 2024). Your failure
to submit your Proof of Claim by July 15, 2024, will subject your
claim to rejection and preclude your receiving any of the recovery
in connection with the Settlement of this Action. If you purchased
or acquired AdaptHealth Securities between November 8, 2019 and
July 16, 2021, inclusive, and do not request exclusion from the
Settlement Class, you will be bound by the Settlement and any
judgment and release entered in the Action, including, but not
limited to, the Judgment, whether or not you submit a Proof of
Claim.
If you have not received a copy of the Notice, which more
completely describes the Settlement and your rights thereunder
(including your right to object to the Settlement), and a Proof of
Claim, you may obtain these documents, as well as a copy of the
Stipulation (which, among other things, contains definitions for
the defined terms used in this Summary Notice) and other settlement
documents, online at www.AdaptHealthSecuritiesSettlement.com, or by
writing to:
AdaptHealth Securities Settlement
Claims Administrator
c/o Gilardi & Co. LLC
P.O. Box 301135
Los Angeles, CA 90030-1135
Inquiries should NOT be directed to the Defendants, the Court, or
the Clerk of the Court.
Inquiries, other than requests for the Notice or for a Proof of
Claim, may be made to Lead Counsel:
ROBBINS GELLER RUDMAN & DOWD LLP
Greg Wood
Shareholder Relations
655 West Broadway, Suite 1900
San Diego, CA 92101
Telephone: 1-800-449-4900
settlementinfo@rgrdlaw.com
IF YOU DESIRE TO BE EXCLUDED FROM THE SETTLEMENT CLASS, YOU MUST
SUBMIT A REQUEST FOR EXCLUSION SUCH THAT IT IS POSTMARKED BY MAY
29, 2024, IN THE MANNER AND FORM EXPLAINED IN THE NOTICE. ALL
SETTLEMENT CLASS MEMBERS WILL BE BOUND BY THE SETTLEMENT EVEN IF
THEY DO NOT SUBMIT A TIMELY PROOF OF CLAIM.
IF YOU ARE A SETTLEMENT CLASS MEMBER, YOU HAVE THE RIGHT TO OBJECT
TO THE SETTLEMENT, THE PLAN OF ALLOCATION, THE REQUEST BY LEAD
PLAINTIFFS' COUNSEL FOR AN AWARD OF ATTORNEYS' FEES NOT TO EXCEED
25% OF THE SETTLEMENT AMOUNT, WHICH IS COMPRISED OF $51,000,000 IN
CASH AND ONE MILLION SHARES OF ADAPTHEALTH COMMON STOCK, AND
EXPENSES NOT TO EXCEED $800,000, PLUS INTEREST, AND/OR THE AWARD TO
LEAD PLAINTIFFS PURSUANT TO 15 U.S.C. §78u-4(a)(4) FOR THEIR COSTS
AND EXPENSES NOT TO EXCEED $60,000 IN THE AGGREGATE. ANY OBJECTIONS
MUST BE FILED WITH THE COURT AND SENT TO LEAD COUNSEL AND
DEFENDANTS' COUNSEL BY MAY 29, 2024, IN THE MANNER AND FORM
EXPLAINED IN THE NOTICE.
DATED: March 5, 2024
BY ORDER OF THE COURT
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
1 The Stipulation can be viewed and/or obtained at
www.AdaptHealthSecuritiesSettlement.com.
AGA SERVICE COMPANY: Healey Sues Over Unpaid Claims and Insurance
-----------------------------------------------------------------
Patrick Healey, individually and on behalf of all others similarly
situated v. AGA SERVICE COMPANY d/b/a ALLIANZ WORLDWIDE PARTNERS
and ALLIANZ GLOBAL ASSISTANCE; and ALLIANZ GLOBAL RISKS US
INSURANCE COMPANY, Case No. 1:24-cv-10699-PBS (D. Mass., March 20,
2024), is brought as a result of one of the world's most profitable
and industry-leading insurance companies teaming up with a corrupt,
already-nearly-bankrupt travel company to induce travelers to pay
upfront for trips and collect premiums for payments on an insurance
policy that would never pay claims or insure travelers, because
they knew trips would never happen.
Allianz persuaded would-be travelers, through its partner and joint
venturer, Vantage Deluxe World Travel, to purchase Allianz trip
insurance for $1,400+ per traveler, despite knowing that the
coverage was worthless, because Vantage was in dire financial
straits and without the resources to reimburse travelers for
advance payments or to make the trips happen. From 2019 to March
2020, Allianz misleadingly sold policies to consumers who purchased
trip packages on cruise ships through Vantage Travel, under its
banner, and purported to be the administrator and insurer of the
plan, but now tries to limit its exposure and provides refund for
only one part of a single policy.
When the COVID-19 pandemic hit the United States in March 2020,
hundreds of Vantage Travel cruises were cancelled for the
foreseeable future. These cancellations causing Vantage irreparable
financial harm which caused it to file for bankruptcy. Despite the
catastrophic--and fatal--damage to Vantage and Allianz's knowledge
that most future travel would never occur, Allianz continued to
promote and sell its $1,447.00 joint venture insurance plan.
Allianz knew that would-be travelers were paying for a policy that
would likely never be implicated. Allianz also knew that Vantage
had not actually invested the consumers' money, such that all the
amounts allocated to Part A were simply stolen and pocketed by
Vantage and Allianz.
Allianz's conduct is especially despicable because consumers relied
on the Allianz brand and reputation for providing reliable travel
insurance. It would never occur to these consumers that Allianz was
actually selling them $200 of real insurance with the other $1,200+
going into the pocket of a near-bankrupt and corrupt travel
company. It is inexplicable that an insurance company like Allianz
would not ensure the money paid by consumers did not actually
purchase insurance.
At best, Allianz rented its name and reputation to receive
kickbacks from Vantage on the fake insurance policy peddled to
Plaintiff and the other class members. But for Vantage customers'
reliance on this travel insurance plan, they would not have
pre-paid for their vacations, spending thousands of dollars
out-of-pocket months (and sometimes years) before the trips were to
occur. However, because Plaintiff and members of the putative class
believed they were covered and would be reimbursed by a reputable
insurance carrier (Allianz) in case their trips didn't happen, they
were willing to hand over these many thousands of dollars to secure
their Vantage trip.
Allianz paired with Vantage, despite Vantage's financial woes, as a
means to sell the travel plan, and now that Vantage is bankrupt,
wants to disavow its joint venture and not cover for the full plan
it marketed. Allianz's hands are just as unclean as those of
Vantage, and Allianz cannot wash its hands of Vantage's joint
liability, says the complaint.
The Plaintiff Healy is the purchaser of Allianz travel insurance
for both he and his wife, Shannon.
Allianz Global Risks US Insurance Company is a corporation,
incorporated under the laws of the State of Illinois.[BN]
The Plaintiff is represented by:
Rex A. Sharp, Esq.
Ruth Anne French-Hodson, Esq.
Nathan A. Kakazu, Esq.
SHARP LAW LLP
4820 W. 75th Street
Prairie Village, KS 66208
Phone: (913) 901-0505
Fax: (913) 901-0419
Email: rsharp@midwest-law.com
nkakazu@midwest-law.com
- and -
Josh Gardner, Esq.
Nicholas J. Rosenberg, Esq.
Ashleigh Bell, Esq.
GARDNER & ROSENBERG P.C.
One State Street, Fourth Floor
Boston, MA 02109
Phone: (617) 390-7570
Fax: (617) 972-7983
Email: josh@gardnerrosenberg.com
nick@gardnerrosenberg.com
abell@gardnerrosenberg.com
ALDO GROUP: Richmond Sues Over Unlawful Credit Reporting
--------------------------------------------------------
Donald Richmond and Brian McAvoy, individually and on behalf of a
class of other similarly situated individuals v. THE ALDO GROUP
INC., and ALDO U.S. INC., Case No. 2482CV00261 (Commonwealth of
Mass., March 20, 2024), is brought arising from the Defendants'
repeated violation Of the Fair and Accurate Credit Transactions Act
("FACTA") amendment to the Fair Credit Reporting Act (the "FCRA"),
a federal statute which requires merchants to truncate and mask
certain credit and debit card information on printed receipts
provided to consumers.
Despite the clear requirements of the statute, Defendants have
knowingly and/or recklessly printed more than the last 5 digits of
credit and debit card account numbers on transaction receipts. As a
direct and proximate result of Defendants' unlawful conduct,
Plaintiffs have experienced injury, including without limitation,
violation of statutory rights; violation of legally protected
interests; invasion of privacy; and exposure to an elevated risk of
identity theft. The Defendants' continual, reckless disregard of
the requirements of FACTA on a massive scale has occurred despite
the fact they had years to comply with those requirements, says the
complaint.
The Plaintiffs used their credit card to make a purchase at the
Defendants' store.
The Defendants specialize in the creation and sale of "high-quality
fashion footwear, leather goods and accessories" and own and
operate over 1,600 retail stores (225 in the United States)
including 1,000 under the "Aldo" banner.[BN]
The Plaintiff is represented by:
Jeremy A. Cohen, Esq.
CW LAW GROUP, P.C.
160 Speen Street, Suite 309
Framingham, MS 01701
Phone: 508-309-4880
Fax: 508-597-7722
Email: jeremy@cwlawgroup.com
- and -
Scott D. Owens, Esq.
SCOTT D. OWENS, P.A.
2750 N. 29th Ave., Suite 209A
Hollywood, FL 33020
Phone: 954-589-0588
Fax: 954-337-0666
Email: scott@scottdowens.com
AMBIT ILLINOIS: Bochat Suit Removed to N.D. Illinois
----------------------------------------------------
The case captioned as Gregg Bochat, and Philip Simons on behalf of
themselves and all others similarly situated v. AMBIT ILLINOIS,
LLC, VISTRA CORP, and VOLT ASSET COMPANY, INC., Case No.
2024CH02179 was removed from the Circuit Court of Cook County,
Illinois, to the United States District Court for the Northern
District of Illinois on April 18, 2024, and assigned Case No.
1:24-cv-03116.
On March 18, 2024, Plaintiffs filed a Class Action Complaint
against Defendants in the State Court Action. Defendants dispute
liability and deny that Plaintiffs (or any putative class members)
are entitled to monetary relief. Based upon a fair reading of this
Notice of Removal and Plaintiffs’ Class Action Complaint,
however, Plaintiffs seek damages which exceed the minimum
jurisdictional amount of $5,000,000.[BN]
The Defendants are represented by:
Jason A. Richardson, Esq.
Michael D. Matthews, Jr., Esq.
Diane S. Wizig, Esq.
Louise B. Root, Esq.
MCDOWELL HETHERINGTON LLP
1001 Fannin, Suite 2400
Houston, TX 77002
Phone: 713-337-8872
Facsimile: 713-337-8862
Email: jason.richardson@mhllp.com
matt.matthews@mhllp.com
diane.wizig@mhllp.com
louise.root@mhllp.com
- and -
Emily K. Felix, Esq.
1000 Ballpark Way, Suite 209
Arlington, Texas 76011
Phone: (817) 635-7305
Facsimile: (817) 635-7308
Email: emily.felix@mhllp.com
APPLE MOVING: Brown Sues Over Unlawful Employment Practices
-----------------------------------------------------------
Patrick P. Brown, and others similarly situated v. APPLE MOVING,
LLC, Case No. 1:24-cv-01623-TWT (N.D. Ga., April 17, 2024), is
brought to redress the unlawful employment practices and for actual
and liquidated damages, arising from Defendants' violations of
Plaintiff's statutorily protected rights under the Fair Labor
Standards Act of 1938 ("FLSA").
Based on his good faith estimate, the Plaintiff worked
approximately five extra hours per day when he performed these
extra tasks outside of his regular position. The Plaintiff is owed
wages for five hours per day of unpaid overtime from April 8, 2023,
through September 30, 2023, which is 25 weeks. He has documented
that he performed the extra tasks on 170 days. On multiple
occasions, Steve Kirby, General Manager, promised that the
Plaintiff would be paid properly for this time and not just the
$200 cash payment. This never happened. The Plaintiff continued to
inquire about the missing pay, both verbally and in writing via
emails and texts.
Finally, the Plaintiff sent an email in early November in which he
requested a resolution of this matter within two weeks. In
response, on November 14, 2023, Plaintiff was terminated. The
company filed a misdemeanor theft charge against Plaintiff,
claiming he had stolen items from the warehouse and that his
ex-wife had then sold them online. This reason was just a pretext
to terminate Plaintiff in response to his many requests to be paid
correctly for the extra hours he worked, says the complaint.
The Plaintiff began working at Apple in the Pooler, Georgia
warehouse in April 2023.
APPLE is a foreign corporation in the moving and storage
business.[BN]
The Plaintiff is represented by:
Paul J. Sharman. Esq.
THE SHARMAN LAW FIRM LLC
11175 Cicero Drive, Suite 100
Alpharetta, GA 30022
Phone: (678) 242-5297
Fax: (678) 802-2129
Email: paul@sharman-law.com
APPLEBEES RESTAURANTS: Garzon Files TCPA Suit in M.D. Florida
-------------------------------------------------------------
A class action lawsuit has been filed against Applebees Restaurants
LLC. The case is styled as Melissa Garzon, individually and on
behalf of all others similarly situated v. Applebees Restaurants
LLC, Case No. 8:24-cv-00738-JLB-AEP (M.D. Fla., March 25, 2024).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Applebee's Restaurants LLC -- http://www.applebeescanada.com/-- is
an American company that develops, franchises, and operates the
Applebee's Neighborhood Grill + Bar restaurant chai.[BN]
The Plaintiff is represented by:
Manuel Santiago Hiraldo, Esq.
HIRALDO PA
401 E Las Olas Blvd., Ste. 1400
Ft Lauderdale, FL 33301
Phone: (954) 400-4713
Email: mhiraldo@hiraldolaw.com
- and -
Michael Eisenband, Esq.
EISENBAND LAW, P.A.
515 E Las Olas Blvd., Suite 120
Fort Lauderdale, FL 33301
Phone: (954) 533-4092
Email: meisenband@eisenbandlaw.com
The Defendant is represented by:
Yaniv Adar, Esq.
Joshua Adam Migdal, Esq.
MARK MIGDAL & HAYDEN
80 S.W. 8th Street, Suite 1999
Miami, FL 33130
Phone: (305) 374-0440
Email: yaniv@markmigdal.com
josh@markmigdal.com
ARISE VIRTUAL: Has Until May 9 to Respond to De Niro Complaint
--------------------------------------------------------------
In the class action lawsuit captioned as DIAVION DE NIRO,
Individually, and on behalf of similarly situated individuals, v.
ARISE VIRTUAL SOLUTIONS, INC., Case No. 2:24-cv-00695-APG-EJY (D.
Nev.), the Parties ask the Court to enter an order that:
1. The deadline for Arise to respond to Plaintiff's Motion for
conditional certification will be extended to and including
May
2, 2024;
2. The deadline for Arise to respond to the Plaintiff's
Complaint
shall be extended to and including May 9, 2024; and
3. This Stipulation addresses timing only and is without
prejudice
to any of the Parties' positions, arguments, allegations,
defenses, and/or rights in this matter.
Both parties have agreed to a one-week extension of time for Arise
to respond to the Plaintiff's motion for conditional certification
and a one-week extension of time to respond to the Plaintiffs'
Complaint.
Pursuant to LRIA 6-1(a), the reason for the extension is that Arise
has not yet appeared in this matter, and has had to arrange for
local counsel and needs additional time given the fact that the
case was initiated less than a month ago to respond to the Motion
for Conditional Certification and Complaint.
On April 10, 2024, the Plaintiff filed both the Complaint in the
instant lawsuit and a Motion for Conditional Certification.
On April 11, 2024, Arise was served with the Summons and Complaint,
along with the motion for conditional certification.
Arise provides business process outsourcing and consulting
services.
A copy of the Parties' motion dated April 26, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=TPDIN1 at no extra
charge.[CC]
The Plaintiff is represented by:
Shannon Liss-Riordan, Esq.
Adelaide Pagano, Esq.
LICHTEN & LISS-RIORDAN, P.C.
729 Boylston Street, Ste 2000
Boston, MA 02116
Telephone: (671)-994-5800
E-mail: sliss@llrlaw.com
apagano@llrlaw.com
mcassorla@llrlaw.com
- and -
Kristina Hillman, Esq.
Sean W. McDonald, Esq.
WEINBERG, ROGER & ROSENFELD
3199 E. Warm Springs Road, Ste 400
Las Vegas, NV 89120
Telephone: (702)508-9282
E-mail: nevadacourtnotices@unioncounsel.net
khillman@unioncounsel.net
smcdonald@unioncounsel.net
The Defendant is represented by:
Dora V. Lane, Esq.
HOLLAND & HART LLP
5470 Kietzke Lane, Suite 100
Reno, NV 89511-2094
Telephone: (775) 327-3000
E-mail: dlane@hollandhart.com
- and -
Adam P. KohSweeney, Esq.
Katy (Yin Yee) Ho, Esq.
O'Melveny & Myers LLP
Two Embarcadero Center, 28th Floor
San Francisco, CA 94111
Telephone: (415) 984-8700
E-mail: akohsweeney@omm.com
kho@omm.com
ARMOIRE STYLE INC: Reid Files ADA Suit in E.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against Armoire Style, Inc.
The case is styled as Monique Reid, individually and as the
representative of a class of similarly situated persons v. Armoire
Style, Inc., Case No. 1:24-cv-02907 (E.D.N.Y., April 18, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Armoire -- https://www.armoire.style/ -- is a clothing rental
service, enabling customers to borrow contemporary women's clothing
and swap anytime.[BN]
The Plaintiff is represented by:
Dan Shaked, Esq.
SHAKED LAW GROUP, P.C.
14 Harwood Court, Suite 415
Scarsdale, NY 10583
Phone: (917) 373-9128
Email: shakedlawgroup@gmail.com
ASCENSION HEALTH: French Suit Removed to N.D. Illinois
------------------------------------------------------
The case captioned as Kaitlynd French and Beth Corsetti, on behalf
of themselves and others similarly situated v. ASCENSION HEALTH,
Case No. 2024LA000155 was removed from the Twelfth Judicial Circuit
Court of Will County, Illinois, to the United States District Court
for the Northern District of Illinois on April 19, 2024, and
assigned Case No. 1:24-cv-03162.
On February 20, 2024, Plaintiffs filed a one-Count Complaint
bringing a claim against Defendant under the Illinois Wage Payment
and Collection Act ("IWPCA").[BN]
The Defendants are represented by:
Neil H. Dishman, Esq.
Anderson C. Franklin, Esq.
JACKSON LEWIS P.C.
150 North Michigan Avenue, Suite 2500
Chicago, IL 60601
Phone: (312) 787-4949
Fax: (312) 787-4995
Email: Neil.Dishman@jacksonlewis.com
Anderson.Franklin@jacksonlewis.com
AVIS BUDGET GROUP: Livingston Files Suit in D. New Jersey
---------------------------------------------------------
A class action lawsuit has been filed against Avis Budget Group,
Inc., et al. The case is styled as Tyler Livingston, Donald Veach,
individually and on behalf of all others similarly situated v. Avis
Budget Group, Inc., Avis Rent A Car System, LLC, Budget Rent A Car
System, Inc., Case No. 2:24-cv-05203-SDW-MAH (D.N.J., April 17,
2024).
The nature of suit is stated as Other Contract.
Avis Budget Group, Inc. -- http://www.avisbudgetgroup.com/-- is
American car rental agency holding company headquartered in
Parsippany, New Jersey.[BN]
The Plaintiffs are represented by:
Adrian Gucovschi, Esq.
GUCOVSCHI ROZENSHTEYN, PLLC
140 Broadway, Suite 4667
New York, NY 10005
Phone: (212) 884-4230
Email: adrian@gr-firm.com
BANK OF AMERICA: Performance Jet Suit Removed to C.D. California
----------------------------------------------------------------
The case captioned as Performance Jet Skis LLC,
Worldwidewebbsolutions LLC, and A&F Logistics LLC, individually and
on behalf of all others similarly situated v. BANK OF AMERICA, N.A
and DOES 1-50, inclusive, Case No. 24STCV03719 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
March 21, 2024, and assigned Case No. 2:24-cv-02328-MRA-PVC.
On February 13, 2024, Plaintiff Performance Jet Skis LLC filed a
Complaint and Demand for Jury Trial against BANA alleging breach of
contract, including the implied covenant of good faith and fair
dealing, and violation of the California Unfair Competition
Law.[BN]
The Defendants are represented by:
Brooks R Brown, Esq.
Andrew Kim, Esq.
GOODWIN PROCTER LLP
1900 N Street, NW
Washington, DC 20036
Phone: +1 202 346 4000
Fax: +1 202 346 4444
Email: BBrown@goodwinlaw.com
AndrewKim@goodwinlaw.com
- and -
Laura A. Stoll, Esq.
GOODWIN PROCTER LLP
601 S. Figueroa Street, 41st Floor
Los Angeles, CA 90017
Phone: +1 213 426 2500
Fax: +1 213 623 1673
Email: LStoll@goodwinlaw.com
BANNER HEALTH: Suit Removed to E.D. California
----------------------------------------------
The case styled as John Doe, individually and on behalf of others
similarly situated v. BMW Financial Services NA, LLC, Case No.
2024CV0076564 was removed from the Lassen County Superior Court, to
the U.S. District Court for the Eastern District of California on
April 19, 2024.
The District Court Clerk assigned Case No. 2:24-cv-01165-TLN-DMC to
the proceeding.
The nature of suit is stated as Other P.I. for Personal Injury.
Banner Health -- https://www.bannerhealth.com/ -- is a non-profit
health system in the United States, based in Phoenix, Arizona.[BN]
The Plaintiff is represented by:
Vess Miller, Esq.
COHEN & MALAD, LLP
One Indiana Square Ste 1400
Indianapolis, IN 46204-2058
Phone: (317) 636-6481
Email: vmiller@cohenandmalad.com
The Defendant is represented by:
Sean Killeen, Esq.
BAKER & HOSTETLER LLP
600 Montgomery Street, Suite 3100
San Francisco, CA 94111
Phone: (415) 659-2623
Fax: (415) 659-2601
Email: skilleen@bakerlaw.com
BMW FINANCIAL: ORG Holdings Suit Removed to N.D. Ohio
-----------------------------------------------------
The case styled as ORG Holdings Ltd., on behalf of itself and all
others similarly situated v. BMW Financial Services NA, LLC, Case
No. CV 24 994599 was removed from the Cuyahoga County Common Pleas
Court, to the U.S. District Court for the Northern District of Ohio
on April 18, 2024.
The District Court Clerk assigned Case No. 1:24-cv-00708-JPC to the
proceeding.
The nature of suit is stated as Other Contract.
BMW Financial Services -- https://www.bmwusa.com/ -- offers an
unparalleled experience.[BN]
The Plaintiff is represented by:
Frank A. Bartela, Esq.
Patrick J. Perotti, Esq.
DWORKEN & BERNSTEIN-PAINESVILLE
60 South Park Place
Painesville, OH 44077
Phone: (440) 352-3391
Email: fbartela@dworkenlaw.com
pperotti@dworkenlaw.com
- and -
James A. DeRoche, Esq.
GARSON JOHNSON
2nd Floor Van Roy Building
2900 Detroit Avenue
Cleveland, OH 44113-2710
Phone: (216) 696-9330
Fax: (216) 696-8558
Email: jderoche@garson.com
The Defendant is represented by:
James W. Sandy, Esq.
MCGLINCHEY STAFFORD
3401 Tuttle Road, Ste. 200
Cleveland, OH 44122
Phone: (216) 378-9911
Fax: (216) 378-9910
Email: jsandy@mcglinchey.com
BUFFALO WILD WINGS: Machuca Suit Removed to C.D. California
-----------------------------------------------------------
The case captioned as Jonathan Machuca, individually and on behalf
of other individuals similarly situated v. BUFFALO WILD WINGS,
INC., a Minnesota corporation; BWW RESOURCES, LLC, a Delaware
limited liability company; INSPIRE BRANDS, INC., a Georgia
corporation; and DOES 1 through 100, inclusive, Case No.
24STCV01594 was removed from Superior Court in the State of
California for the County of Los Angeles, to the United States
District Court for the Central District of California on April 17,
2024, and assigned Case No. 2:24-cv-03148.
The Complaint asserts the following causes of action: Failure to
Pay Overtime Wages in Violation of Labor Code; Failure to Pay All
Wages and Minimum Wages in Violation of Labor Code; Failure to
Provide Complaint Meal Periods in Violation of Labor Code; Failure
to Provide Complaint Rest Periods in Violation of Labor Code;
Failure to Furnish Accurate, Itemized Wages Statements in Violation
of Labor Code and Failure to Maintain Accurate Records in Violation
of Labor Code; Failure to Timely Pay Wages During Employment in
Violation of Labor Code; Failure to Reimburse Business Expenses in
Violation of Labor Code; and Violations in California Business and
Professions Code.[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
CALATLANTIC GROUP LLC: Thompson Suit Removed to D. South Carolina
-----------------------------------------------------------------
The case styled as Roy M. Thompson, Jennifer Thompson, on behalf of
themselves and all others similarly situated v. CalAtlantic Group
LLC, Lennar Corporation, Case No. 2024-CP-18-00474 was removed from
the Dorchester County Court of Common Pleas, to the U.S. District
Court for the District of South Carolina on April 18, 2024.
The District Court Clerk assigned Case No. 2:24-cv-02075-RMG to the
proceeding.
The nature of suit is stated as Other Real Property for Breach of
Contract.
CalAtlantic Group, Inc. was a home construction company based in
Arlington, Virginia.[BN]
The Plaintiff appears pro se.
Christopher Michael Ramsey, Esq.
BOSTIC LAW GROUP PA
2236 Ashley Crossing Drive
Charleston, SC 29414
Phone: (843) 723-6470
Email: cramsey@bosticlaw.com
The Defendant is represented by:
Christopher Ogiba, Esq.
MOORE AND VAN ALLEN (CHAS)
78 Wentworth Street
Charleston, SC 29401
Phone: (843) 579-7066
Fax: (843) 579-8749
Email: chrisogiba@mvalaw.com
CAREMARK PHC: Flowers Suit Removed to W.D. Arkansas
---------------------------------------------------
The case captioned as Kevin Flowers, on behalf of himself and other
Arkansans similarly situated v. CAREMARK PhC, L.L.C., Case No.
29CV-24-11-2 was removed from the Circuit Court of Hempstead
County, Arkansas, to the United States District Court for the
Western District of Arkansas on April 18, 2024, and assigned Case
No. 4:24-cv-04031-SOH.
The Plaintiff alleges that Defendant violated Arkansas law by
purportedly managing health care plans within the State of Arkansas
that mandate that the Arkansas participants use CVS’s own mail
order pharmacy, thus allegedly unfairly restricting and preventing
competition. The Plaintiff asserts causes of action for violations
of the Arkansas Unfair Practices Act and the Arkansas Deceptive
Trade Practices Act, as well as for declaratory and injunctive
relief.[BN]
The Defendants are represented by:
J. Carter Fairley, Esq.
BARBER LAW FIRM PLLC
425 West Capitol Avenue, Suite 3400
Little Rock, AR 72201
Phone: (501) 372-6175
Facsimile: (888) 412-3288
Email: cfairley@barberlawfirm.com
- and -
Michael D. Leffel, Esq.
FOLEY & LARDNER LLP
150 East Gilman Street, Suite 5000
Madison, WI 53703-1482
Phone: (608) 258-4216
Email: mleffel@foley.com
- and -
Frank Pasquesi, Esq.
321 North Clark St., Suite 3000
Chicago, IL 60654-5313
Phone: (312) 832-5176
Email: fpasquesi@foley.com
CAROLINA RESTAURANT: Woodhead Files ADA Suit in W.D. North Carolina
-------------------------------------------------------------------
A class action lawsuit has been filed against Carolina Restaurant
Group, Inc. The case is styled as McKenna Woodhead, individually
and on behalf of all others similarly situated v. Carolina
Restaurant Group, Inc., Case No. 3:24-cv-00399 (W.D.N.C., April 19,
2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Carolina Restaurant Group Inc. -- https://www.classicburgers.com/
-- operates a chain of restaurants. The Company provides on-site
distribution of food and beverages.[BN]
The Plaintiff is represented by:
Nancy Stewart Litwak, Esq.
ROSENWOOD, ROSE & LITWAK, PLLC
1712 Euclid Ave
Charlotte, NC 28203
Phone: (704) 228-8578
Fax: (704) 371-6400
Email: nlitwak@rosenwoodrose.com
CHANGE HEALTHCARE: CCFC Sues Over Failure to Protect System
-----------------------------------------------------------
Citrus City Family Counseling, Inc., individually, and on behalf of
all others similarly situated v. CHANGE HEALTHCARE INC., Case No.
3:24-cv-00491 (M.D. Tenn., April 18, 2024), is brought to remedy
the harms by Defendant's failure to adequately and reasonably
protect its computer systems and payment networks, resulting in one
of the largest cyberattacks impacting the entire healthcare
delivery system, healthcare providers and patients throughout the
United States.
The Plaintiff brings this class action on behalf of itself and a
class of entities who have been harmed by Defendant's failure to
properly secure and safeguard information within its computer
networks which was unlawfully accessed and/or exfiltrated by
unauthorized third parties during a data breach that exploited a
vulnerability in its software technology on or about February 21,
2024, causing the nationwide payment disruptions in the processing
of medical claims (the "Data Breach").
The ransomware group known as "ALPHV/BlackCat" claimed
responsibility for the cyberattack facilitated by exploiting the
vulnerability in Change Healthcare's software in order to
exfiltrate data from the underlying databases. CISA reports that
ALPHV/BlackCat has been known both to exfiltrate data and to ransom
exfiltrated data for profit.
The information compromised in the Data Breach includes, personally
identifiable information ("PII") and protected health information
("PHI"), including but not limited to, patient medical and patient
payment information. Additionally, the Data Breach caused Change
Healthcare to experience a significant outage in its computer
networks, resulting in severe disruptions in Change's "ability to
send payments to providers or members being reimbursed for care was
crippled, delaying payments in the tens of millions of dollars.
Medical providers like Plaintiff have been impacted by the Data
Breach as they have been unable to submit medical claims for
payment.
The Data Breach was a direct and proximate result of Defendant's
failure to implement and follow basic security procedures.
Plaintiff's and Class Members' are healthcare providers whose
ability to process and adjudicate claims to receive payments from
insurance companies and patients was impacted by the Data Breach.
Because of the Data Breach, providers like Plaintiff and the Class
were unable to receive monies for the services they rendered,
threating their ability to fund day to day operations. Plaintiff
and Class Members have been injured and face an increased inability
to continue funding their respective businesses and engage in the
regular course of business. Consequently, Plaintiff and Class
Members have been unable to receive compensation for the services
they have rendered, forcing them to obtain bridge loans, lines of
credit and deplete their cash to continue operating, says the
complaint.
The Plaintiff Citrus employs a team of 17 clinicians who provide
individuals with mental healthcare therapy, treatment, and coaching
services.
Change Healthcare is a Tennessee-based healthcare services and
support company operating as a clearing house that provides remote
access software to pharmacies and healthcare providers to
communicate with patients and facilitate the electronic
adjudication of claims and payments.[BN]
The Plaintiff is represented by:
J. Gerard Stranch, IV, Esq.
Grayson Wells, Esq.
BRANSTETTER STRANCH & JENNINGS, PLLC - NASHVILLE
223 Rosa L. Parks Ave., Suite 200
Nashville, TN 37203
Phone: (615) 254-8801
Fax: (615) 250-3937
Email: gerards@bsjfirm.com
gwells@stranchlaw.com
- and -
Joseph P. Guglielmo, Esq.
Amanda M. Rolon, Esq.
Ethan S. Binder, Esq.
SCOTT+SCOTT ATTORNEYS AT LAW
The Helmsley Building
230 Park Avenue, 17th Floor
New York, NY 10169
Phone: (212) 223-4478
Email: jguglielmo@scott-scott.com
arolon@scott-scott.com
ebinder@scott-scott.com
CHRYSO INC: SMBA Construction Files Suit in S.D. New York
---------------------------------------------------------
A class action lawsuit has been filed against Chryso, Inc., et al.
The case is styled as SMBA Construction, LLC, Charles W. Hughes
Construction, LLC, Lucas Contracting, LLC, County-Wide Masonry
Corp., Lakewood Conrete Corp., Keystone Concrete Block & Supply Co.
Inc., 570 Concrete, LLC, M&D Peterson, LLC, on behalf of itself and
all others similarly situated v. Chryso, Inc., Cinven Ltd., Cinven,
Inc., Compagnie De Saint-Gobain S.A., GCP Applied Technologies
Inc., Master Builders Solutions Admixtures US, LLC, Master Builders
Solutions Deutschland GmbH, RPM International Inc., Sika AG, Sika
Corporation, The Euclid Chemical Company, Does 1-10, Case No.
1:24-md-03097-LJL (S.D.N.Y., April 18, 2024).
The nature of suit is stated as Anti-Trust.
CHRYSO -- https://www.chrysoinc.com/ -- is a global leader in
construction chemicals that designs, manufactures, and supplies
concrete admixtures, cement additives, and construction
systems.[BN]
The Plaintiffs are represented by:
Robert N. Kaplan, Esq.
KAPLAN FOX & KILSHEIMER LLP
800 Third Avenue, 38th Floor
New York, NY 10022
Phone: (212) 687-1980
Email: rkaplan@kaplanfox.com
- and -
Richard L. Coffman
THE COFFMAN LAW FIRM
3355 West Alabama Street, Suite 240
Houston, TX 77098
Phone: (713) 528-6700
Fax: (866) 835-8250
Email: rcoffman@coffmanlawfirm.com
- and -
Cody McCracken, Esq.
Melissa Morgans, Esq.
4725 Wisconsin Ave. NW, Suite 200
Washington, DC 20016
- and -
Jon A. Tostrud, Esq.
TOSTRUD LAW GROUP, PC
1901 Ave. of the Stars, 2nd Fl
Los Angeles, CA 90067
Phone: (310) 278-2600
Fax: (310) 278-2640
Email: jtostrud@tostrudlaw.com
- and -
Lee Albert, Esq.
GLANCY PRONGAY & MURRAY LLP
230 Park Avenue, Suite 530
New York, NY 10169
Phone: (212) 682-5340
Fax: (212) 682-0988
Email: lalbert@glancylaw.com
- and -
Michael J. Flannery, Esq.
CUNEO GILBERT & LADUCA, LLP
Two CityPlace Drive, Ste Second Floor
Saint Louis, MO 63141
Phone: (314) 226-1015
Email: mflannery@cuneolaw.com
- and -
Jeannine M. Kenney, Esq.
HAUSFELD L.L.P. (PA)
1604 Locust Street, 2nd Floor
Philadelphia, PA 19103
Phone: (267) 702-2310
Email: jkenney@hausfeldllp.com
- and -
Joshua H. Grabar, Esq.
GRABAR LAW OFFICE
One Liberty Place
1650 Market Street, Suite 3600
Philadelphia, PA 19103
Phone: (267) 507-6085
Fax: (267) 507-6048
Email: jgrabar@grabarlaw.com
- and -
Michael P. Lehmann, Esq.
HAUSFELD LLP(SF)
44 Montgomery, Suite 3400
San Francisco, CA 94104
Phone: (415) 633-1908
Email: mlehmann@hausfeldllp.com
- and -
Nathaniel C. Giddings, Esq.
HAUSFELD LLP
888 16th Street, NW, Ste 300
Washington, DC 20006
Phone: (202) 540-7200
Fax: (202) 540-7201
Email: ngiddings@hausfeldllp.com
- and -
Marc H. Edelson, Esq.
EDELSON LECHTZIN LLP
411 S. State Street, Ste N-300
Newtown, PA 18940
Phone: (215) 867-2399
Fax: (267) 685-0676
Email: medelson@edelson-law.com
- and -
Mindee J. Reuben, Esq.
WEINSTEIN KITCHENOFF & ASHER LLC
1845 Walnut Street, Suite 1100
Philadelphia, PA 19103
Phone: (215) 545-7200
Fax: (215) 545-6535
The Defendants are represented by:
David Frazier, Esq.
LATHAM & WATKINS LLP (DC)
555 Eleventh Street, Nw, Suite 1000
Washington, DC 20004
Phone: (202) 637-2200
Fax: (202) 637-2201
Email: david.frazier@lw.com
- and -
Elizabeth Bowen Prewitt, Esq.
LATHAM & WATKINS LLP
1271 Avenue of the Americas
New York, NY 10020
Phone: (212) 906-1200
Email: elizabeth.prewitt@lw.com
- and -
Jennifer L Giordano, Esq.
Jennifer Lynn Giordano, Esq.
Marguerite Mitchell Sullivan, Esq.
LATHAM & WATKINS LLP
555 Eleventh Street NW, Suite 1000
Washington, DC 20004-1304
Phone: (202) 637-2200
Fax: (202) 637-2201
Email: jennifer.giordano@lw.com
maggy.sullivan@lw.com
CLASSPASS USA: Ghazizadeh Files Suit in S.D. New York
-----------------------------------------------------
A class action lawsuit has been filed against ClassPass USA LLC.
The case is styled as Iman Ghazizadeh, individually and on behalf
of all others similarly situated v. ClassPass USA LLC, Case No.
1:24-cv-02922-ER (S.D.N.Y., April 17, 2024).
The nature of suit is stated as Other Statutory Actions.
ClassPass -- https://classpass.com/ -- is an application that
offers training for fitness, wellness, home workouts, in-studio
classes, and digital classes.[BN]
The Plaintiffs are represented by:
Adrian Gucovschi, Esq.
GUCOVSCHI ROZENSHTEYN, PLLC
140 Broadway, Suite 4667
New York, NY 10005
Phone: (212) 884-4230
Email: adrian@gr-firm.com
COMMUNITY MEDICAL: Zuniga Files Suit in Cal. Super. Ct.
-------------------------------------------------------
A class action lawsuit has been filed against Community Medical
Centers. The case is styled as Luis Ernesto Zuniga, individually
and on behalf of all others similarly situated v. Community Medical
Centers, Case No. STK-CV-UOE-2024-0004751 (Cal. Super. Ct., San
Joaquin Cty., April 18, 2024).
The case type is stated as "Unlimited Civil Other Employment."
Community Medical Centers -- https://www.communitymedical.org/ -is
a private, non-profit healthcare system.[BN]
The Plaintiff is represented by:
Daniel J. Bass, Esq.
MAKAREM & ASSOCIATES
11601 Wilshire Blvd., Ste. 2440
Los Angeles, CA 90025-1760
Phone: 310-312-0299
Fax: 310-312-0296
Email: bass@law-rm.com
CONSERVICE LLC: Jolicoeur-Louis Suit Removed to C.D. California
---------------------------------------------------------------
The case styled as Amanda Jolicoeur-Louis, an individual, and on
behalf of all others similarly situated v. Conservice LLC, Case No.
24STCV06518 was removed from the Superior Court of California - Los
Angeles, to the U.S. District Court for the Central District of
California on April 19, 2024.
The District Court Clerk assigned Case No. 2:24-cv-03253 to the
proceeding.
The nature of suit is stated as Other Contract.
Conservice -- https://www.conservice.com/ -- is the nation's
largest, most trusted utility management & billing services
company.[BN]
The Plaintiff appears pro se.
The Defendant is represented by:
Laura Alexandra Stoll, Esq.
GOODWIN PROCTER LLP
601 South Figueroa Street 41st Floor
Los Angeles, CA 90046
Phone: (213) 426-2500
Fax: (213) 623-1673
Email: lstoll@goodwinlaw.com
CONTEMPORARY SERVICES: Herrera Sues Over Failure to Pay Overtime
----------------------------------------------------------------
Rodolfo E. Herrera, individually and on behalf of similarly
situated former and current aggrieved employees v. CONTEMPORARY
SERVICES CORPORATION, and DOES 1 to 50, Case No. 24STCV07461 (Cal.
Super. Ct., Los Angeles Cty., March 25, 2024), is brought as a
result of the Defendants' failure to pay overtime, failure to pay
minimum wages, meal period violations, rest break violations,
failure to pay vested vacation benefits, sick and covid
period/benefits violations, failure to maintain & produce employee
records, unreimbursed business expenses, release of claims for wage
violations, reporting time violations, untimely payment of wages,
failure to timely pay wages at separation, wage statements
violations, misclassification, failure to pay regular rate of pay,
unfair business practices in violation of labor laws giving rise to
an action under the PAGA.
The Defendants were required to pay Plaintiff as well as other
non-exempt employees overtime pay as follows: For works in excess
of 8 hours in one workday, no less than one and one-half times the
employee's regular rate of pay for all hours worked in excess of 8
hours up to and including 12 hours in one workday; For work in
excess of 12 hours in one workday, no less than twice the
employee's regular rate of pay; For work in excess of 40 hours in
any one workweek, no less than one and one half times the
employee's regular rate of pay for all hours in excess of 40 hours.
At all times during the statute of limitations period applicable to
this cause of action, Defendants, and each of them, willfully,
knowingly, and intentionally failed to calculate and compensate the
Plaintiff the overtime wages per Labor Code Section 510 and/or
applicable Industrial Wage Order. Specifically, Defendants unfairly
rounded the Plaintiff's work hours and/or otherwise failed to
include all the time the Plaintiff worked in calculating the wages
that were owed for each pay period. Thereby, Plaintiff was denied
overtime wages, says the complaint.
The Plaintiff was hired to work as a non-exempt hourly wage "event
staff" employee in the State of California.
The Defendants are an event guest service and security company that
provides customer assistance for various venues, from concerts to
sporting events, in the State of California.[BN]
The Plaintiff is represented by:
Zorik Mooradian, Esq.
Andrina G. Hanson, Esq.
Nanor C. Kamberian, Esq.
MOORADIAN LAW, APC
24007 Ventura Blvd., Suite 210
Calabasas, CA 91302
Phone: (818) 487-1998
Facsimile: (888) 783-1030
Email: zorik@mooradianlaw.com
andrina@mooradianlaw.com
nanor@mooradianlaw.com
DANIEL LENT: Chavez Files FDCPA Suit in C.D. California
-------------------------------------------------------
A class action lawsuit has been filed against Daniel Lent. The case
is styled as Carmen Chavez, individually and on behalf of all
persons similarly situated v. Daniel Lent D.B.A. Capital
Reclamations, Case No. 5:24-cv-00823 (C.D. Cal., April 18, 2024).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
Daniel Lent doing business as Capital Reclamations --
https://www.capitalreclamationgroup.com/ -- aids citizens and
business owners within New York and Arizona with Court Judgment
collection, obtaining funds owed to them.[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
DAVID B. PERKINS: Miley Files Suit in Del. Chancery Ct.
-------------------------------------------------------
A class action lawsuit has been filed against DAVID B. PERKINS, et
al. The case is styled as John David Miley, III, and Dr. Steven
Richard Smith, on behalf of themselves and similarly situated v.
DAVID B. PERKINS, H. ALEXANDER HOLMES, STEVE E. MOSS, GREGORY S.
SELLERS, AND THOMAS MANN,, Case No. 2024-0405-KSJM (Del. Chancery
Ct., April 17, 2024).
The case type is stated as "Breach of Fiduciary Duties."
David B. Perkins is the President, Chief Executive Officer and
Chairman of the Board of Directors of Hatteras.[BN]
The Plaintiff is represented by:
Thomas A. Uebler, Esq.
Brian V. DeMott, Esq.
Adam J. Waskie, Esq.
MCCOLLOM D'EMILIO SMITH UEBLER LLC
Little Falls Centre Two
2751 Centerville Road, Suite 401
Wilmington, DE 19808
Phone: (302) 468-5960
- and -
A. Lee Parks, Esq.
M. Travis Foust, Esq.
PARKS, CHESIN & WALBERT, P.C.
1355 Peachtreet Street, Suite 2000
Atlanta, GA 30309
Phone: (404) 873-8000
DREYER'S GRAND: Hurst Suit Removed to N.D. California
-----------------------------------------------------
The case captioned as Ramon Hurst, individually and on behalf of
all others similarly situated v. DREYER'S GRAND ICE CREAM, INC.,
Case No. 29CV-24-11-2 was removed from the Superior Court for the
State of California, County of Alameda, to the United States
District Court for the Northern District of California on April 18,
2024, and assigned Case No. 4:24-cv-02314-DMR.
The Plaintiff alleges that Dreyer's misrepresented to consumers
that its Outshine Fruit Bars, in Grape and Mango with Tajin flavor,
contain "No Artificial Colors or Flavors," despite these Products
allegedly containing DL-malic acid. The Plaintiff seeks monetary
damages, injunctive relief, restitution, costs and expenses,
attorneys' fees, and a declaratory judgment.[BN]
The Defendants are represented by:
Naoki S. Kaneko, Esq.
SHOOK, HARDY & BACON L.L.P.
5 Park Plaza, Suite 1600
Irvine, CA 92614
Phone: (949) 475-1500
Fax: (949) 475-0016
Email: nkaneko@shb.com
- and -
Russell L. Taylor, Esq.
SHOOK, HARDY & BACON L.L.P.
555 Mission Street, Suite 2300
San Francisco, CA 94105
Phone: (415) 544-1900
Fax: (415) 391-0281
Email: rtaylor@shb.com
ECCO RETAIL LLC: Wilkins ADA Suit Removed to E.D. Pennsylvania
--------------------------------------------------------------
The case styled as Andrew Wilkins, on behalf of himself and all
other similarly situated v. Ecco Retail LLC, Inc., Case No.
24-02509-TT was removed from the Court of Common Pleas of Chester
County, to the U.S. District Court for the Eastern District of
Pennsylvania on April 17, 2024.
The District Court Clerk assigned Case No. 2:24-cv-01594-MMB to the
proceeding.
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
ECCO -- https://global.ecco.com/ -- is a global leader in
innovative comfort footwear for men, women, and kids.[BN]
The Plaintiff is represented by:
Daniel Zemel, Esq.
ZEMEL LAW LLC
660 Broadway
Paterson, NJ 07514
Phone: (862) 227-3106
Fax: (973) 525-2552
Email: dz@zemellawllc.com
The Defendant is represented by:
Jacob Oslick, Esq.
SEYFARTH SHAW LLP
620 - 8th Ave., 31st Fl.
New York, NY 10018
Phone: (212) 218-6480
Email: joslick@seyfarth.com
ELS CONSTRUCTION: Cucalon Sues Over Unpaid Minimum, Overtime Wages
------------------------------------------------------------------
Henry Antonio Martinez Cucalon, an individual and others similarly
situated v. ELS CONSTRUCTION, INC., a California Corporation;
ECOSTRUCT BUILDERS, INC., a California Corporation; ALEXIS MARIE
CONTRERAS, an individual; and DOES 1 through 20, inclusive; Case
No. 24STCV07428 (Cal. Super. Ct., Los Angeles Cty., March 25,
2024), is brought against the Defendants' violation of the Private
Attorneys General Act ("PAGA") as a result of the Defendants'
failure to pay minimum wage, failure to compensate for all hours
worked, failure to pay overtime compensation, failure to pay rest
period compensation, failure to pay meal period compensation;
failure to furnish accurate wage and hour statements; failure to
pay wages upon discharge; failure to indemnify and illegal
deductions from wages; unfair competition.
The Plaintiff alleges Defendants misclassified Plaintiff and others
as independent contractors, paying them outside of payroll, and
depriving them of various labor law protections afforded to
employees, in violation of Labor Code. The Defendants failed to
keep track of Plaintiffs and other employees' actual hours worked.
Employees' pay was rounded and inaccurate. This is in violation of
the "Records" section of Wage Orders 4, 16 and other wage orders.
Meal and rest breaks violations based on business necessities. and
often short, late, interrupted. or nonexistent. The Defendants
failed to provide Plaintiffs final pay upon separation, says the
complaint.
The Plaintiff was an employee of Defendants.
ELS CONSTRUCTION, INC. and ECOSTRUCT BUILDERS, INC. are a
construction company operating out of Los Angeles County,
California.[BN]
The Plaintiff is represented by:
Sarkis Sirmabekian, Esq.
SIRMABEKIAN LAW FIRM, PC
3435 Wilshire Blvd., Suite 1710
Los Angeles, CA 90010
Phone: (818) 473-5003
Facsimile: (818) 476-5619
Email: contact@slawla.com
ELYMIR INC: Perez Sues Over Unpaid Wages and Unlawful Deductions
----------------------------------------------------------------
Samuel Toledano Perez, Jorge Guzman, Rolando Gomez, and Jose Manuel
Guzman, on behalf of themselves and all others similarly situated
v. ELYMIR INC. d/b/a YANNI DESIGN STUDIO, YANNI ELYASH and MARINA
ELYASH, Case No. 1:24-cv-02419 (N.D. Ill., March 25, 2024), is
brought for overtime wages, unpaid wages and unlawful deductions
under the Fair Labor Standards Act ("FLSA"), the Illinois Minimum
Wage Law ("IMWL"), the Illinois Wage Payment and Collection Act
("IWPCA"), and also under the Illinois Biometric Information
Privacy Act ("BIPA").
The Defendants engaged in a widespread, longstanding scheme to
misclassify these workers as independent contractors in order to
deny them the protection of federal and state wage and hour and
other employment laws, including by failing to pay these workers
time-and-a half their regular rate of pay for hours worked in
excess of 40 each workweek.
Additionally, Defendant Yanni Design Studio collected, used and
stored the Plaintiffs' and the Class' biometric data without:
properly informing Plaintiff and Class members in writing of the
specific purpose and length of time for which their biometric data
were being collected, stored and used; providing a publicly
available retention schedule and guidelines for permanently
destroying this data; receiving a written release from Plaintiff
and Class members to collect, capture, or otherwise obtain their
biometric data, says the complaint.
The Plaintiffs performed work for Defendants inside the State of
Illinois.
The Defendant is an event decor, production and floral studio
servicing weddings and special events at various venues in Chicago,
Wisconsin and Indiana.[BN]
The Plaintiffs are represented by:
Patrick Cowlin, Esq.
Martin Stainthorp, Esq.
FISH POTTER BOLANOS, P.C.
111 E. Wacker Drive, Suite 2300
Chicago, IL 60601
Phone: (312) 861-1800
Email: kunze@fishlawfirm.com
pcowlin@fishlawfirm.com
mstainthorp@fishlawfirm.com
docketing@fishlawfirm.com
EXECUTIVE CONSULTING: Grafenberg Suit Removed to D. Massachusetts
-----------------------------------------------------------------
The case captioned as Jessie Grafenberg, on behalf of themselves
and others similarly situated v. EXECUTIVE CONSULTING GROUP, LLC
dba ECG MANAGEMENT CONSULTANTS, SIEMENS MEDICAL SOLUTIONS USA,
INC., GREGG GLASER and CHRISTOPHER COLLINS, was removed from the
Superior Court of Massachusetts, County of Suffolk, to the United
States District Court for the District of Massachusetts on April
19, 2024, and assigned Case No. 1:24-cv-11047.
In the Complaint, Plaintiff alleges ECG failed to pay them, and a
class of individual whom they seek to represent, all wages
purportedly due and owing to them for their time worked under
M.G.L..[BN]
The Defendants are represented by:
Diane M. Saunders, Esq.
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
One Boston Place, Suite 3500
Boston, MA 02108
phone: 617-994-5700
Email: diane.saunders@ogletree.com
EXPERIAN INFORMATION: Bueno Suit Removed to N.D. Illinois
---------------------------------------------------------
The case captioned as Angelica Bueno and Yvonne Bryant,
individually, and on behalf of all others similarly situated v.
EXPERIAN INFORMATION SOLUTIONS, INC., Case No. 2024CH02511 was
removed from the Circuit Court of Cook County, Illinois, to the
United States District Court for the Northern District of Illinois
on April 19, 2024, and assigned Case No. 1:24-cv-03145.
The claims for relief against Experian alleged in the State Court
Action arise under the Fair Credit Reporting Act.[BN]
The Defendants are represented by:
Shea F. Spreyer, Esq.
JONES DAY
110 North Wacker Drive, Suite 4800
Chicago, IL 60606
Phone: (312) 782-3939
Facsimile: (312) 782-8585
Email: sfspreyer@jonesday.com
EXPRESS METALS: Lanzagortha Sues Over Unpaid Minimum, Overtime Wage
-------------------------------------------------------------------
Samuel J. Lanzagortha, an individual and others similarly situated
v. EXPRESS METALS RECYCLING IC-DISC, Inc., a California
Corporation; CSC AUTO SALVAGE AND DISMANTLING, INC., a California
Corporation; SCOTT B SAKAJIAN, an individual; and DOES 1 through
20, inclusive; Case No. 24STCV09650 (Cal. Super. Ct., Los Angeles
Cty., April 17, 2024), is brought against the Defendants' violation
of the Private Attorneys General Act ("PAGA") as a result of the
Defendants' failure to pay minimum wage, failure to compensate for
all hours worked, failure to pay overtime compensation, failure to
pay rest period compensation, failure to pay meal period
compensation; failure to pay wages upon discharge; failure to
indemnify and illegal deductions from wages; unfair competition.
The Defendants paid Plaintiff and others only partially through
payroll, and paid those employees cash on the side to avoid payroll
taxes, thereby depriving workers of proper wages, overtime,
accurate wage statements, etc. Meal and rest breaks violations were
based on business necessities, and often short, late, interrupted,
or nonexistent. The Defendants employed Plaintiff in excess of
10-hours overtime per week without overtime pay. Defendants failed
to reimburse Plaintiff for business use of his personal cell phone.
Defendants failed to provide Plaintiffs final pay upon separation.
Plaintiff is informed and believes, and based thereon alleges that
Defendants controlled or affected the working conditions, wages,
working hours, scope and conditions of employment of Plaintiff
during Plaintiff's employment with Defendants, says the complaint.
The Plaintiff was employed by the Defendants as a general employee
and laborer for approximately 5-years, until January 3, 2024.
Express Metals Recycling IC-DISC, Inc. and CSC AUTO SALVAGE AND
DISMANTLING, INC. are a wholesale metal scrap and recycling
business operating out of Los Angeles County, California.[BN]
The Plaintiff is represented by:
Sarkis Sirmabekian, Esq.
SIRMABEKIAN LAW FIRM, PC
3435 Wilshire Blvd., Suite 1710
Los Angeles, CA 90010
Phone: (818) 473-5003
Facsimile: (818) 476-5619
Email: contact@slawla.com
FAMILY DOLLAR: Childers Suit Transferred to E.D. New York
---------------------------------------------------------
The case styled as Bethany Childers, individually and on behalf of
all others similarly situated v. FAMILY DOLLAR, LLC; WALGREENS CO.;
DOLGENCORP, INC., and WALMART, INC., Case No. 2:24-cv-00148 was
transferred from the U.S. District Court for the Southern District
of West Virginia, to the U.S. District Court for the Eastern
District of New York on April 18, 2024.
The District Court Clerk assigned Case No. 1:24-cv-02890-BMC to the
proceeding.
The nature of suit is stated as Other P.I.
Family Dollar Stores, Inc. -- https://www.familydollar.com/ -- is
an American variety store chain.[BN]
The Plaintiffs are represented by:
Charles R Webb, Esq.
WEBB LAW FIRM, PLLC
716 Lee Street
Charleston, WV 25301
Phone: (304) 344-9322
Fax: (301) 344-1157
Email: Rusty@rustywebb.com
FARMERS INSURANCE: Anderson Files TCPA Suit in N.D. Oklahoma
------------------------------------------------------------
A class action lawsuit has been filed against Farmers Insurance
Exchange, et al. The case is styled as Robert Anderson, Spencer
Heckathorn, individually and on behalf of all others similarly
situated v. Farmers Insurance Exchange, Farmers Insurance Company,
Inc., Fire Insurance Exchange, Case No. 4:24-cv-00174-MTS (N.D.
Okla., April 17, 2024).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Farmers Insurance -- https://www.farmers.com/ -- offers home, life
and car insurance.[BN]
The Plaintiffs are represented by:
Charles L. Richardson, Esq.
RICHARDSON RICHARDSON BOUDREAUX
7447 S. Lewis Ave.
Tulsa, OK 74136
Phone: (918) 492-7674
Fax: (918) 493-1925
Email: Clr@rrbok.com
FIA LIQUIDATION COMPANY: Hargrave Suit Removed to M.D. Florida
--------------------------------------------------------------
The case captioned as Almer Hargrave, individually and on behalf of
all others similarly situated v. FIA LIQUIDATION COMPANY, INC.
d/b/a/ FIORELLA INSURANCE AGENCY, INC, and AP of South Florida LLC
dba FIORELLA INSURANCE AGENCY, Case No. 512024CA000390CAAXWS was
removed from the Circuit Court of the Sixth Judicial Circuit, in
and for Pasco County, Florida, to the United States District Court
for the Middle District of Florida on March 22, 2024, and assigned
Case No. 8:24-cv-00729-KKM-AAS.
On May 11, 2023, Plaintiff filed his Class Action Complaint
alleging Defendants violated federal law under the Telephone
Consumer Protection Act.[BN]
The Defendants are represented by:
Ian M. Ross, Esq.
Kyle Tanzer, Esq.
SIDLEY AUSTIN LLP
1001 Brickell Bay Drive, Suite 900
Miami, FL 33131
Phone: +1 305 391 5100
Email: iross@sidley.com
ktanzer@sidley.com
FIRSTSOURCE ADVANTAGE: Weinberger Files FDCPA Suit in D. New Jersey
-------------------------------------------------------------------
A class action lawsuit has been filed against Firstsource
Advantage, LLC. The case is styled as Yocheved Weinberger,
individually and on behalf of all others similarly situated v.
Firstsource Advantage, LLC, Case No. 3:24-cv-04093-ZNQ-JBD (D.N.J.,
March 22, 2024).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
FirstSource Advantage -- http://www.firstsourceadvantage.com/-- is
a large debt collection agency.[BN]
The Plaintiff is represented by:
Rami Salim, Esq.
STEIN SAKS PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: rsalim@steinsakslegal.com
FORTRA LLC: Aubie Suit transferred to S.D. Florida
--------------------------------------------------
The case styled as Marc Aubie, individually and on behalf of all
others similarly situated v. FORTRA LLC, Case No. 0:23-cv-01155 was
transferred from the U.S. District Court for the District of
Minnesota, to the U.S. District Court for the Southern District of
Florida on April 18, 2024.
The District Court Clerk assigned Case No. 1:24-cv-21471-RAR to the
proceeding.
The nature of suit is stated as Other P.I. for Other Contract.
Fortra -- https://www.fortra.com/ -- is an American cybersecurity
company based in Eden Prairie, Minnesota.[BN]
The Plaintiffs are represented by:
Bryan L. Bleichner, Esq.
Philip J. Krzeski, Esq.
CHESTNUT CAMBRONNE PA
100 Washington Avenue South, Suite 1700
Minneapolis, MN 55401
Phone: (612) 339-7300
Fax: (612) 336-2940
Email: bbleichner@chestnutcambronne.com
pkrzeski@chestnutcambronne.com
- and -
Jeffrey S. Goldenberg
GOLDENBERG SCHNEIDER, L.P.A.
4445 Lake Forest Drive, Suite 490
Cincinnati, OH 45242
Phone: (513) 345-8291
Email: jgoldenberg@gs-legal.com
FORTRA LLC: Underwood Suit Transferred to S.D. Florida
------------------------------------------------------
The case styled as Branton Underwood; K.U. (minor) through Branton
Underwood, next friend, on behalf of themselves and all other
similarly situated v. FORTRA LLC, Case No. 0:23-cv-00872 was
transferred from the U.S. District Court for the District of
Minnesota, to the U.S. District Court for the Southern District of
Florida on April 18, 2024.
The District Court Clerk assigned Case No. 1:24-cv-21466 to the
proceeding.
The nature of suit is stated as Other P.I. for Other Contract.
Fortra -- https://www.fortra.com/ -- is an American cybersecurity
company based in Eden Prairie, Minnesota.[BN]
The Plaintiffs are represented by:
John Allen Yanchunis, Sr., Esq.
Marcio William Valladares, Esq.
Ra O. Amen, Esq.
MORGAN & MORGAN COMPLEX LITIGATION GROUP
201 N. Franklin Street, 7th Floor
Tampa, FL 33602
Phone: (813) 275-5272
Fax: (813) 275-9295
Email: jyanchunis@forthepeople.com
mvalladares@forthepeople.com
ramen@forthepeople.com
GENERAL MOTORS: Ulrich Sues Over Defective Vehicles
---------------------------------------------------
Cole Ulrich, Paul Aiello, Angela Bailey, Dale Bland, Jacob And
Britney Brellenthin, Daniel And Lynn Davis, Duane Egge, Paul
Northup, Ryan Volmert, Kenneth James Wilkinson, and Sean Joseph
Zimmett, individually and on behalf of all others similarly
situated v. GENERAL MOTORS, LLC, Case No. 2:24-cv-11007-JJCG-EAS
(E.D. Mich., April 17, 2024), is brought by new and used purchasers
who allege that GM concealed two known defects from its customers
in the United States who purchased vehicles designed manufactured,
marketed, distributed, sold, warranted and serviced by GM and
equipped with GM's Hydra-Matic 8L90 transmission or Hydra-Matic
8L45 transmission (collectively, "Class Vehicles").
A poorly chosen and insufficiently validated automatic transmission
fluid caused the Class Vehicles to shudder at higher gears.
(Shudder Defect). A defectively designed transmission that fails to
adequately purge air from valve bodies causes delayed shifting,
jerking, lurching, and overall poor shift quality (Harsh Shift
Defect). Together these Transmission Defects afflict 8L90 and 8L45
transmissions manufactured between 2014 and March of 2019.
The Transmission Defects manifest themselves within the limited
warranty period or shortly after the limited warranty period
expires. The defects can cause unsafe conditions in the Class
Vehicles, including but not limited vehicles suddenly lurching
forward, shuddering, and significant delays in acceleration.
GM learned of the Transmission Defects through many sources and
very early. These include, comments of test drivers in 2013 that
showed both Shudder and Harsh Shift; an immediate spike in warranty
claims post-launch that quickly became the "#1 warranty issue" at
GM; its own Service Bulletins; records from the National Highway
Traffic Safety Administration ("NHTSA"), customer complaints posted
on internet forums and survey taken by J.D. Power; its own records
of customers' complaints, dealership repair records and requests
for technical assistance.
Because of GM's misconduct, Plaintiffs and Class Members have been
damaged in three ways: at the point of sale by overpaying for the
purchase of the Class Vehicles, at the point of resale, as the
value of the poorly performing 8L vehicles is below comparable
vehicles; and the costs of repairing the Vehicles. Plaintiffs seek
class wide recovery for themselves and similarly situated
purchasers of the Class Vehicles, says the complaint.
The Plaintiffs purchased one of the Class Vehicles.
GM designs, manufactures, markets, distributes, and warrants
automobiles in the United States sold under various brand names,
including the Buick, Cadillac, Chevrolet, and GMC brands.[BN]
The Plaintiff is represented by:
Theodore J. Leopold, Esq.
COHEN MILSTEIN SELLERS & TOLL PLLC
11780 U.S. Highway One, Suite N500
Palm Beach Gardens, FL 33408
Phone: (561) 515-1400
Facsimile: (561) 515-1401
Email: tleopold@cohenmilstein.com
- and -
Douglas J. McNamara, Esq.
Karina G. Puttieva, Esq.
Madelyn N. Petersen, Esq.
COHEN MILSTEIN
SELLERS & TOLL PLLC
1100 New York Ave. NW, 5th Floor
Washington, DC 20005
Phone: (202) 408-4600
Facsimile: (202) 408-4699
Email: dmcnamara@cohenmilstein.com
kputtieva@cohenmilstein.com
mpetersen@cohenmilsteim.com
- and -
Robert Gordon, Esq.
Steven Calamusa, Esq.
Geoff Stahl, Esq.
Rachel Bentley, Esq.
GORDON & PARTNERS, P.A.
4114 Northlake Blvd.,
Palm Beach Gardens, FL 33410
Phone: (561) 799-5070
Facsimile: (561) 799-4050
Email: rgordon@fortheinjured.com
scalamusa@fortheinjured.com
gstahl@fortheinjured.com
rbentley@fortheinjured.com
- and -
Russell D. Paul, Esq.
Amey J. Park, Esq.
BERGER MONTAGUE PC
1818 Market Street, Suite 3600
Philadelphia, PA 19103
Phone: (215) 875-3000
Facsimile: (215) 875-4604
Email: rpaul@bm.net
apark@bm.net
- and -
Tarek H. Zohdy, Esq.
Cody R. Padgett, Esq.
Laura E. Goolsby, Esq.
CAPSTONE LAW APC
1875 Century Park East, Suite 1000
Los Angeles, CA 90067
Phone: (310) 556-4811
Facsimile: (310) 943-0396
Email: Tarek.Zohdy@capstonelawyers.com
Cody.Padgett@capstonelawyers.com
Laura.Goolsby@capstonelawyers.com
- and -
E. Powell Miller, Esq.
Sharon S. Almonrode, Esq.
Brian M. Saxe, Esq.
Emily E. Hughes, Esq.
Dennis A. Lienhardt, Esq.
THE MILLER LAW FIRM, P.C.
950 West University Drive, Suite 300
Rochester, MI 48307
Phone: (248) 841-2200
Facsimile: (248) 652-2852
Email: epm@millerlawpc.com
ssa@millerlawpc.com
bms@millerlawpc.com
eeh@millerlawpc.com
dal@millerlawpc.com
- and -
Joseph H. Meltzer, Esq.
Melissa L. Yeates, Esq.
Lisa M. Port, Esq.
Tyler S. Graden, Esq.
Jordan E. Jacobson, Esq.
James A. Maro, Esq.
KESSLER TOPAZ MELTZER & CHECK, LLP
280 King of Prussia Road
Radnor, PA 19087
Phone: (610) 667-7706
Fax: (610) 667-7056
Email: jmeltzer@ktmc.com
myeates@ktmc.com
llambport@ktmc.com
tgraden@ktmc.com
jjacobson@ktmc.com
jmaro@ktmc.com
- and -
Lynn Lincoln Sarko, Esq.
Gretchen Freeman Cappio, Esq.
Ryan McDevitt, Esq.
KELLER ROHRBACK L.L.P.
1201 Third Avenue, Suite 3200
Seattle, WA 98101
Phone: (206) 623-1900
Fax: (206) 623-3384
Email: lsarko@kellerrohrback.com
gcappio@kellerrohrback.com
rmcdevitt@kellerrohrback.com
- and -
Michael L. Pitt, Esq.
Beth Rivers, Esq.
PITT McGEHEE PALMER AND RIVERS, P.C.
117 W. Fourth Street, Suite 200
Royal Oak, MI 48067
Phone: (248) 398-9800
Facsimile: (248) 398-9804
Email: mpitt@pittlawpc.com
brivers@pittlawpc.com
GERSON LEHRMAN GROUP: Knapp Files Suit in S.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against Gerson Lehrman Group,
Inc. The case is styled as Joseph Knapp, on behalf of himself and
all others similarly situated v. Gerson Lehrman Group, Inc., Case
No. 1:24-cv-02229-JLR (S.D.N.Y., March 25, 2024).
The nature of suit is state as Other Contract for Contract
Dispute.
Gerson Lehrman Group, Inc. (GLG) -- https://glginsights.com/ -- is
a financial and global information services company headquartered
in New York City.[BN]
The Plaintiff is represented by:
Nicholas A. Migliaccio, Esq.
MIGLIACCIO LAW FIRM PLLC
438 16th Street SE
Washington, DC 20003
Phone (202) 470-3520
Fax: (202) 800-2730
Email: nmigliaccio@classlawdc.com
INSOMNIA COOKIES: Combs Suit Removed to N.D. California
-------------------------------------------------------
The case captioned as Christie Combs, an individual, on behalf of
herself, and on behalf of all persons similarly situated v.
INSOMNIA COOKIES, LLC, a Delaware Corporation; SERVE U BRANDS,
INC., a New York Corporation; and DOES 1 through 50, inclusive,
Case No. 24CV433095 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 18,
2024, and assigned Case No. 3:24-cv-02321.
The Plaintiff alleges eight claims on behalf of herself and the
putative class members: unlawful business practices; failure to pay
overtime compensation; failure to pay minimum wages; failure to
provide required meal periods; failure to provide required rest
periods; failure to reimburse employees for required expenses;
failure provide accurate itemized statements; and failure to pay
wages when due.[BN]
The Defendants are represented by:
Shannon B. Nakabayashi, Esq.
Emmalee M. McCarthy, Esq.
JACKSON LEWIS P.C.
50 California Street, 9th Floor
San Francisco, CA 94111-4615
Phone: (415) 394-9400
Facsimile: (415) 394-9401
Email: Shannon.Nakabayashi@jacksonlewis.com
Emmalee.McCarthy@jacksonlewis.com
INTELLICHECK INC: Perez Files Suit in N.D. Illinois
---------------------------------------------------
A class action lawsuit has been filed against Intellicheck, Inc.
The case is styled as Octavio Perez, individually, and on behalf of
all others similarly situated v. Intellicheck, Inc., Case No.
1:24-cv-02381 (N.D. Ill., March 24, 2024).
The nature of suit is state as Other Civil Rights for Personal
Injury.
Intellicheck, Inc. -- https://www.intellicheck.com/ -- develops
application software. The Company provides identity authentication
and validation solutions for banks, credit card issuers, retail,
hospitality, law enforcement, defense, transportation, and other
sectors.[BN]
The Plaintiff is represented by:
Michael Louis Fradin, Esq.
MICHAEL L. FRADIN, ATTORNEY AT LAW
8401 Crawford Ave. Ste. 104
Skokie, IL 60076
Phone: 847-986-5889
Facsimile: 847-673-1228
Email: mike@fradinlaw.com
JUMIO INC: Czyszczon Sues Over Unlawful Use of Biometric Data
-------------------------------------------------------------
Jacob Czyszczon, individually, and on behalf of all others
similarly situated v. Jumio, Inc., Case No. 5:24-cv-01677-PCP (N.D.
Cal., March 18, 2024), is brought to redress and curtail
Defendant's unlawful collections, obtainments, use, storage, and
disclosure of Plaintiff's sensitive and proprietary biometric
identifiers and/or biometric information (collectively referred to
herein as "biometric data" and/or "biometrics") in violation of the
Illinois Biometric Information Privacy Act ("BIPA").
Jumio, acting as a processor for Phemex, collects, stores,
possesses, otherwise obtains, uses, and disseminates its users'
biometric data to, amongst other things, further enhance Phemex and
its online platform. Facial geometry scans are unique, permanent
biometric identifiers associated with each user that cannot be
changed or replaced if stolen or compromised. Jumio's unlawful
collection, obtainment, storage, and use of its users' biometric
data exposes them to serious and irreversible privacy risks.
Specifically, upon information and belief, Jumio has created,
collected, and stored
thousands of "face templates" – highly detailed geometric maps of
the face from countless Illinois residents whose selfies and
state-issued ID's were collected by Jumio. Each face template that
Jumio extracts is unique to a particular individual in the same way
that a fingerprint or voiceprint uniquely identifies a particular
individual.
Jumio had no written policy, made available to the public,
establishing a retention schedule and guidelines for permanently
destroying biometric information when the initial purpose for
collecting or obtaining such biometric information has been
satisfied or within 3 years of the individual's last interaction
with Jumio, whichever occurred first. Ostensibly, the purpose of
Jumio's collection of Plaintiff's facial geometry was to verify
Plaintiff's identity prior to opening a Phemex account in
Plaintiff's name. As such, Plaintiff's facial geometry should have
been permanently destroyed by Jumio following the opening of
Plaintiff's Phemex account. However, Jumio failed to permanently
destroy Plaintiff's facial geometry following the opening of
Plaintiff's Phemex account and instead retained Plaintiff's
biometric information. As such, Jumio's retention of Plaintiff's
biometric information was unlawful and in violation of the BIPA.
Phemex did not inform Plaintiff in writing that Jumio was
collecting or storing his biometric information. Instead, Phemex
simply instructed Plaintiff to upload his state issued
identification forms and "selfie" photographs as part of the
overall account opening process. In fact, Jumio made no mention of
biometric information, collection of biometric information, or
storage of biometric information.
Moreover, Jumio did not inform Plaintiff in writing of the specific
purpose and length of term for which his biometric information was
being collected, stored, and used. Jumio collected, stored, and
used Plaintiff's biometric information without ever receiving a
written release executed by Plaintiff which consents to or
authorizes Jumio to do same, says the complaint.
The Plaintiff opened a Phemex account within the five years
immediately preceding the filing of this matter and had his
biometric information processed by Jumio as part of the process of
signing up for his account.
Jumio, Inc. is a Delaware corporation which operates as an
information
"processor" for Phemex.[BN]
The Plaintiff is represented by:
Leah M. Beligan, Esq.
Jerusalem F. Beligan, Esq.
BELIGAN LAW GROUP, LLP
19800 MacArthur Blvd., Ste. 300
Newport Beach, CA 92612
Phone: (949) 224-3881
Email: lbeligan@beliganlawgroup.com
jbeligan@beliganlawgroup.com
- and -
James L. Simon, Esq.
SIMON LAW CO.
11 1/2 N. Franklin St.
Chagrin Falls, OH 44022
Phone: (216) 816-8696
Email: james@simonsayspay.com
- and -
Michael L. Fradin, Esq.
FRADIN LAW
8401 Crawford Ave., Ste. 104
Skokie, IL 60076
Phone: (847) 986-5889
Email: mike@fradinlaw.com
JUMIO INC: Rosas Sues Over Unlawful Collection of Biometric Data
----------------------------------------------------------------
Sara Rosas, individually, and on behalf of all others similarly
situated v. Jumio, Inc., Case No. 3:24-cv-01716-RFL (N.D. Cal.,
March 19, 2024), is brought to redress and curtail Defendant's
unlawful collections, obtainments, use, storage, and disclosure of
Plaintiff's sensitive and proprietary biometric identifiers and/or
biometric information (collectively referred to herein as
"biometric data" and/or "biometrics") in violation of the Illinois
Biometric Information Privacy Act ("BIPA").
To be a Shopper for Instacart, Plaintiff was required to upload a
picture of her face taken on her cell phone to be her profile image
to serve as her "avatar" as well as a picture of her government
issued identification. Instacart utilizes the services of Jumio,
who then performs a facial geometry analysis of Plaintiff's and its
Shoppers' verification photos, avatars, and government issued
identification to verify the identity of Plaintiff and its
Shoppers. Ostensibly, the purpose of Instacart's collection of
Plaintiff's facial geometry was to verify Plaintiff's identity
prior to Plaintiff's logging on to the app to work as a Shopper for
Instacart at any given time.
As such, Plaintiff's verification photos should have been
permanently destroyed by the processor Jumio immediately following
each verification of Plaintiff's identity. However, Jumio failed to
permanently destroy Plaintiff's facial geometry as required by law.
As such, Jumio's retention of Plaintiff's biometric information was
unlawful and in violation of the BIPA. Neither Instacart nor Jumio
informed Plaintiff in writing that Jumio was collecting or storing
her biometric information.
Instead, Instacart simply instructed Plaintiff to upload her state
issued identification form, avatar photograph, and periodic
verification photos as part of the onboarding and day-to-day job
duties while working as Shopper for Instacart. In fact, neither
Instacart nor Jumio made any mention of biometric information,
collection of biometric information, or storage of biometric
information.
Moreover, neither Instacart nor Jumio informed Plaintiff in writing
of the specific purpose and length of term for which her biometric
information was being collected, stored, and used. Jumio collected,
stored, and used Plaintiff's biometric information without ever
receiving a written release executed by Plaintiff which would
provide informed consent to or authorize Jumio to do same, says the
complaint.
The Plaintiff was employed by Instacart as a "Shopper."
Jumio, Inc. is a Delaware corporation which operates as an
information "processor" for Instacart.[BN]
The Plaintiff is represented by:
Leah M. Beligan, Esq.
Jerusalem F. Beligan, Esq.
BELIGAN LAW GROUP, LLP
19800 MacArthur Blvd., Ste. 300
Newport Beach, CA 92612
Phone: (949) 224-3881
Email: lbeligan@beliganlawgroup.com
jbeligan@beliganlawgroup.com
- and -
James L. Simon, Esq.
SIMON LAW CO.
11 1/2 N. Franklin St.
Chagrin Falls, OH 44022
Phone: (216) 816-8696
Email: james@simonsayspay.com
- and -
Michael L. Fradin, Esq.
FRADIN LAW
8401 Crawford Ave., Ste. 104
Skokie, IL 60076
Phone: (847) 986-5889
Email: mike@fradinlaw.com
KELLER WILLIAMS: Bueker Files Suit in E.D. Missouri
---------------------------------------------------
A class action lawsuit has been filed against Keller Williams
Realty, Inc. The case is styled as David L. Bueker, on behalf of
himself and all others similarly situated v. Keller Williams
Realty, Inc., Case No. 4:24-cv-00447-CDP (E.D. Mo., March 23,
2024).
The nature of suit is state as Other Contract for Breach of
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:
Paul D. Anderson, Esq.
HUMPHREY, FARRINGTON & MCCLAIN
221 West Lexington, Suite 400
Independence, MO 64050
Phone: (816) 836-5050
Fax: (816) 836-8966
Email: pda@hfmlegal.com
KELLER WILLIAMS: Cardero Files TCPA Suit in S.D. Florida
--------------------------------------------------------
A class action lawsuit has been filed against Keller Williams
Realty, Inc. The case is styled as Mauricio Cardero, individually
and on behalf of all others similarly situated v. Keller Williams
Realty, Inc., Case No. 1:24-cv-21490-XXXX (S.D. Fla., April 19,
2024).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
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:
Andrew John Shamis, Esq.
SHAMIS & GENTILE, PA
14 NE 1st Ave., Ste. 1205
Miami, FL 33132
Phone: (305) 479-2299
Fax: (786) 623-0915
Email: ashamis@shamisgentile.com
LA ROSA: Bid to Dismiss Palmer National Suit Remains Pending
------------------------------------------------------------
La Rosa Holdings Corp. disclosed in its Form 10-K Report for the
fiscal period ending December 31, 2023 filed with the Securities
and Exchange Commission on April 16, 2024 that the Company's motion
to dismiss the Palmer national class suit is still pending in the
United States District Court, Middle District of Florida, Orlando
Division.
On January 3, 2024, Ms. Sarah Palmer filed a putative national
class action complaint against La Rosa Realty, LLC in the United
States District Court, Middle District of Florida, Orlando
Division.
Ms. Palmer alleges that she received two (2) brief pre-recorded
calls one week apart to her cell phone from La Rosa Realty, LLC
presenting her an employment opportunity as a real estate agent.
Ms. Palmer seeks an undisclosed amount of monetary damages from La
Rosa Realty, LLC for the alleged would-be injurious, isolated and
opportunistic employment gestures to her through a purported
nationwide class action.
Ms. Palmer claims that the defendant violated her privacy, annoyed
and harassed her, constituted a nuisance, and occupied her
telephone line.
On March 12, 2024 La Rosa Realty, LLC filed a motion to dismiss the
case with prejudice, which is still pending.
La Rosa is a is a real estate brokerage firm.[BN]
LAWRENCE, KS: Almanzar Files Suit in Mass. Super. Ct.
-----------------------------------------------------
A class action lawsuit has been filed against City of Lawrence. The
case is styled as Adriana A. Almanzar, Josue F. Pichardo,
individually and on behalf of a class of similarly situated persons
v. City of Lawrence, Case No. 2477CV00295 (Mass. Super. Ct., Essex
Cty., March 25, 2024).
The case type is stated as "Actions Involving the
State/Municipality."
Lawrence -- https://lawrenceks.org/ -- is a city in and the county
seat of Douglas County, Kansas, United States.[BN]
The Plaintiffs are represented by:
Barry M. Altman, Esq.
ALTMAN and ALTMAN
404 Main St.
Wilmington, MA 01887
- and -
Danilo Jose Gomez, Esq.
LAW OFFICE OF DANILO J. GOMEZ
225 Broadway, Suite 304
Methuen, MA 01844
LEADSMARKET.COM LLC: Roehrman Files TCPA Suit in S.D. Indiana
-------------------------------------------------------------
A class action lawsuit has been filed against LEADSMARKET.COM, LLC,
et al. The case is styled as Thomas Roehrman, individually, and on
behalf of all others similarly situated v. Leadsmarket.com, LLC,
Marketing Labs LLC and Nesmetaju, LLC, Case No.
1:24-cv-00682-SEB-TAB (S.D. Ind., April 18, 2024).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
LeadsMarket -- https://www.leadsmarket.com/ -- offers the best lead
generation affiliate program for both lenders and publishers.[BN]
The Plaintiffs are represented by:
Jacob U. Ginsburg, Esq.
KIMMEL & SILVERMAN
30 E. Butler Ave.
Ambler, PA 19002
Phone: (267) 468-5374
Email: teamkimmel@creditlaw.com
LONNIE BUSH: Winslow Files TCPA Suit in M.D. North Carolina
-----------------------------------------------------------
A class action lawsuit has been filed against Lonnie Bush Real
Estate, LLC. The case is styled as Willis R. Winslow, individually
and on behalf of all others similarly situated v. Lonnie Bush Real
Estate, LLC, Case No. 1:24-cv-00334 (M.D.N.C., April 18, 2024).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Lonnie Bush Real Estate, LLC -- https://www.lonniebush.com/ -- is a
real estate agency in Virginia Beach, Virginia.[BN]
The Plaintiffs are represented by:
Ryan P. Duffy, Esq.
THE LAW OFFICE OF RYAN P. DUFFY PLLC
1213 W. Morehead St., Suite 500, Unit #450
Charlotte, NC 28208
Phone: (704) 741-9399
Email: ryan@ryanpduffy.com
LOS ANGELES, CA: Williams Files Suit in C.D. California
-------------------------------------------------------
A class action lawsuit has been filed against City of Los Angeles.
The case is styled as B. Williams, individually, on behalf of
himself, the general public and on behalf of all other persons and
or class similarly situated v. City of Los Angeles, National Eagle
Security, Inc.; Jean Baptiste Akre, individually, and his or her
official capacity as CEO of the National Eagle Security, Inc.;
Godefroid Kay, Individually, in his official working capacity as an
Security Officer for National Eagle Security, Inc.; City of Los
Angeles Parking Violations Bureau doing business as: PRWT Services,
Inc.; John Doe, individually in his official working capacity as
Security Officer for National Eagle Security, Inc.; Case No.
2:24-cv-02439-AB-SP (C.D. Cal., March 25, 2024).
The nature of suit is state as Other Civil Rights.
Los Angeles -- https://lacity.gov/ -- is a sprawling Southern
California city and the center of the nation's film and television
industry.[BN]
The Plaintiff appears pro se.
LYV LIFE INC: Reid Files ADA Suit in S.D. New York
--------------------------------------------------
A class action lawsuit has been filed against Lyv Life, Inc. The
case is styled as Nadreca Reid, individually and as the
representative of a class of similarly situated persons v. Lyv
Life, Inc., Case No. 1:24-cv-02939 (S.D.N.Y., April 18, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
LYV Life, Inc., doing business as Cora -- https://cora.life/ --
manufactures personal care products.[BN]
The Plaintiff is represented by:
Dan Shaked, Esq.
SHAKED LAW GROUP, P.C.
14 Harwood Court, Suite 415
Scarsdale, NY 10583
Phone: (917) 373-9128
Email: shakedlawgroup@gmail.com
MAD CITY HOME: Saladino Files TCPA Suit in D. Minnesota
-------------------------------------------------------
A class action lawsuit has been filed against Mad City Home
Improvement, LLC. The case is styled as Alisha Saladino,
individually and on behalf of all others similarly situated v. Mad
City Home Improvement, LLC doing business as: Mad City Windows &
Baths, Case No. 0:24-cv-01419-NEB-ECW (D. Minn., April 19, 2024).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Mad City Home Improvement, LLC doing business as Mad City Windows &
Baths -- https://madcitywindows.com/ -- is a home remodeling
company.[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 -
Raina Borrelli, Esq.
TURKE & STRAUSS LLP
613 Williamson St., Suite 201
Madison, WI 53703
Phone: (608) 237-1775
Fax: (608) 509-4423
Email: raina@turkestrauss.com
MEDTECH PRODUCTS: Weisberg Suit Removed to E.D. New York
--------------------------------------------------------
The case styled as Cynthia Weisberg, individually and on behalf of
all others similarly situated v. Medtech Products, Inc. and
Prestige Consumer Healthcare Company, Case No. 507103/2024 was
removed from the Supreme Court of the State of New York, County of
Kings, to the U.S. District Court for the Eastern District of New
York on April 19, 2024.
The District Court Clerk assigned Case No. 1:24-cv-02946 to the
proceeding.
The nature of suit is stated as Contract Product Liability.
Medtech Products Inc. provides pharmaceutical products. The Company
offers prescription drugs, proprietary drugs, and toiletries.[BN]
The Plaintiff appears pro se.
The Defendant is represented by:
Evan Glassman, Esq.
STEPTOE LLP
1114 Avenue of the Americas, 35th Floor
New York, NY 10036
Phone: (212) 506-3909
Fax: (212) 506-3950
Email: eglassman@steptoe.com
MOUNTAIN HOUSE: Ramos Sues Over Unpaid Minimum, Overtime Wages
--------------------------------------------------------------
Felipe Gomez Ramos, an individual and others similarly situated v.
MOUNTAIN HOUSE LA 1 INC, a California Corporation; MING LIN, an
individual; and DOES 1 through 20, inclusive; Case No. 24STCV09650
(Cal. Super. Ct., Los Angeles Cty., April 17, 2024), is brought
against the Defendants' violation of the Private Attorneys General
Act ("PAGA") as a result of the Defendants' failure to pay minimum
wage, failure to compensate for all hours worked, failure to pay
overtime compensation, failure to pay rest period compensation,
failure to pay meal period compensation; failure to pay wages upon
discharge; failure to indemnify and illegal deductions from wages;
unfair competition.
The Defendants failed to keep track of Plaintiffs and Other
employees' actual hours worked. Employees' pay was rounded and
inaccurate. This is in violation of the "Records" section Of Wage
Order. Employees' timesheets were rounded and inaccurate. Meal and
rest bleaks violations were based on business necessities, and
often short, late. interrupted, or nonexistent. Plaintiff alleges
that Defendants failed to properly pay tips to Plaintiff and other
restaurant staff. The Plaintiff is informed and believes, and based
thereon alleges, that Defendants engaged in a uniform policy of
wage abuse against their hourly-paid or non-exempt employees within
the State of California. This uniform policy involved, inter alia,
failing to pay them for all hours worked, missed, short, late,
and/or interrupted meal periods, rest breaks, etc. in violation Of
California law, says the complaint.
The Plaintiff was employed by the Defendants as a dishwasher and
general employee for 9-months, until January 25, 2024.
MOUNTAIN HOUSE LA 1 INC. is a restaurant business operating out of
Rowland Heights, California, with locations in New York.[BN]
The Plaintiff is represented by:
Sarkis Sirmabekian, Esq.
SIRMABEKIAN LAW FIRM, PC
3435 Wilshire Blvd., Suite 1710
Los Angeles, CA 90010
Phone: (818) 473-5003
Facsimile: (818) 476-5619
Email: contact@slawla.com
MY CREDIT GUY: Harris Files Suit in D. Minnesota
------------------------------------------------
A class action lawsuit has been filed against My Credit Guy, L.L.C.
The case is styled as Curtis Harris, on behalf of himself and all
others similarly situated v. My Credit Guy, L.L.C., Case No.
0:24-cv-01453-JWB-ECW (D. Minn., April 19, 2024).
The lawsuit is brought over alleged violation of the Credit Repair
Organizations Act.
My Credit Guy -- https://www.mycreditguy.com/ -- is a full-service
credit restoration company.[BN]
The Plaintiff is represented by:
Carl E. Christensen, Esq.
Christopher Wilcox, Esq.
Ryan Supple, Esq.
CHRISTENSEN SAMPSEL PLLC
305 Fifth Avenue North, Suite 375
Minneapolis, MN 55401
Phone: (612) 473-1200
Fax: (612) 823-4777
Email: carl@christensensampsel.com
chris@clawoffice.com
ryan@christensensampsel.com
- and -
Thomas J. Lyons, Jr., Esq.
CONSUMER JUSTICE CENTER P.A.
367 Commerce Court
Vadnais Heights, MN 55127
Phone: (651) 770-9707
Fax: (651) 704-0907
Email: tommy@consumerjusticecenter.com
NEIWAI US INC: Bunting Files ADA Suit in E.D. New York
------------------------------------------------------
A class action lawsuit has been filed against Neiwai US Inc. The
case is styled as Rasheta Bunting, individually and as the
representative of a class of similarly situated persons v. Neiwai
US Inc., Case No. 1:24-cv-02906 (E.D.N.Y., April 18, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
NEIWAI -- https://neiwai.life/ -- specializes in making comfortable
underwear, loungewear, and athleisure with an emphasis on
technology and innovation.[BN]
The Plaintiff is represented by:
Dan Shaked, Esq.
SHAKED LAW GROUP, P.C.
14 Harwood Court, Suite 415
Scarsdale, NY 10583
Phone: (917) 373-9128
Email: shakedlawgroup@gmail.com
NEWREZ LLC: Hernandez Files Suit in N.D. Illinois
-------------------------------------------------
A class action lawsuit has been filed against Newrez, LLC. The case
is styled as Jesus J. Hernandez, individually, and on behalf of all
others similarly situated v. Newrez, LLC doing business as:
Shellpoint Mortgage Servicing, Case No. 1:24-cv-03087 (N.D. Ill.,
April 17, 2024).
The nature of suit is stated as Truth in Lending.
Newrez LLC (Newrez) -- https://www.newrez.com/ -- is a leading
nationwide mortgage lender and servicer.[BN]
The Plaintiff is represented by:
Mohammed Omar Badwan, Esq.
SULAIMAN LAW GROUP, LTD.
2500 S. Highland Avenue, Suite 200
Lombard, IL 60148
Phone: (630) 575-8181
Email: mdaher@sulaimanlaw.com
OATLY GROUP: $9.25MM Class Settlement to be Heard on July 17
------------------------------------------------------------
Scott + Scott Attorneys at Law LLP and Robbins Geller Rudman & Dowd
LLP issued a statement regarding the Oatly Securities Litigation:
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
In re OATLY GROUP AB SECURITIES LITIGATION
Consolidated Civil Action No.
1:21-cv-06360-AKH
BRUCE HIPPLE, Individually and on Behalf of All Others Similarly
Situated,
Plaintiff,
vs.
OATLY GROUP AB, et al.,
Defendants.
Index No. 151432/2022
CLASS ACTION
Justice Andrew Borrok
SUMMARY NOTICE OF PENDENCY AND PROPOSED CLASS ACTION SETTLEMENT
TO: (1) ALL PERSONS WHO PURCHASED OR ACQUIRED OATLY GROUP AB
("OATLY" OR "COMPANY") AMERICAN DEPOSITARY SHARES ("ADS") BETWEEN
MAY 20, 2021 AND NOVEMBER 15, 2021 INCLUSIVE (THE "CLASS PERIOD"),
OR OTHERWISE PURSUANT TO THE OFFERING DOCUMENTS FOR OATLY'S MAY 20,
2021 INITIAL PUBLIC OFFERING ("IPO"), AND WERE DAMAGED THEREBY, AND
(2) ALL PERSONS WHO PURCHASED OR ACQUIRED CALL OPTIONS OR SOLD PUT
OPTIONS ON OATLY ADS DURING THE CLASS PERIOD, OR OTHERWISE PURSUANT
TO OATLY'S OFFERING DOCUMENTS, AND WERE DAMAGED THEREBY.
THIS NOTICE WAS AUTHORIZED BY THE COURT. IT IS NOT A LAWYER
SOLICITATION. PLEASE READ THIS NOTICE CAREFULLY AND IN ITS
ENTIRETY.
YOU ARE HEREBY NOTIFIED that a hearing will be held on July 17,
2024, at 2:30 p.m., before the Honorable Alvin K. Hellerstein, U.S.
District Court, Southern District of New York, Daniel Patrick
Moynihan United States Courthouse, 500 Pearl St., New York, NY
10007, to determine whether: (1) the proposed settlement (the
"Settlement") of the above-captioned action (the "Action") as well
as the action pending in the Supreme Court of the State of New
York, County of New York, styled as Hipple v. Oatly Group AB, et
al., Index No. 151432/2022 (Sup. Ct. N.Y.) ("State Action") as set
forth in the Stipulation of Settlement ("Stipulation")1 for
$9,250,000 in cash should be approved by the Court as fair,
reasonable, and adequate; (2) the Judgment as provided under the
Stipulation should be entered; (3) to award Plaintiffs' Counsel
attorneys' fees and expenses out of the Settlement Fund (as defined
in the Notice of Pendency and Proposed Settlement of Class Actions
("Notice"), which is discussed below), and, if so, in what amount;
(4) to award Plaintiffs for representing the Settlement Class out
of the Settlement Fund and, if so, in what amount; and (5) the Plan
of Allocation should be approved by the Court as fair, reasonable,
and adequate.
This Action and the State Action are securities class actions
brought on behalf of those persons who purchased or acquired Oatly
ADS or call options on Oatly ADS or sold put options on Oatly ADS
during the Class Period or otherwise pursuant to the Offering
Documents for Oatly's IPO, against Oatly and others (collectively,
"Defendants") for allegedly misstating and omitting material facts
from the Offering Documents filed with the U.S. Securities and
Exchange Commission in connection with the IPO. Plaintiffs allege
that these purportedly false and misleading statements inflated the
price of the Company's ADS, resulting in damage to Settlement Class
Members when the truth was revealed. Defendants expressly deny all
of Plaintiffs' allegations.
IF YOU PURCHASED OR ACQUIRED OATLY ADS OR CALL OPTIONS ON OATLY ADS
OR SOLD PUT OPTIONS ON OATLY ADS BETWEEN MAY 20, 2021 THROUGH AND
INCLUDING NOVEMBER 15, 2021, OR OTHERWISE PURSUANT TO THE OFFERING
DOCUMENTS, YOUR RIGHTS MAY BE AFFECTED BY THE SETTLEMENT OF THIS
ACTION AND THE STATE COURT ACTION.
To share in the distribution of the Settlement Fund, you must
establish your rights by submitting a Proof of Claim and Release
form ("Proof of Claim") by mail (postmarked no later than July 25,
2024) or electronically (no later than July 25, 2024). Your failure
to submit your Proof of Claim by July 25, 2024, will subject your
claim to rejection and preclude your receiving any of the recovery
in connection with the Settlement of this Action and the State
Action. If you are a member of the Settlement Class and do not
request exclusion therefrom as instructed, you will be bound by the
Settlement and any judgment and release entered in the Action and
the State Court Action, including, but not limited to, the
Judgment, whether or not you submit a Proof of Claim.
If you have not received a copy of the Notice, which more
completely describes the Settlement and your rights thereunder
(including your right to object to the Settlement), and a Proof of
Claim, you may obtain these documents, as well as a copy of the
Stipulation (which, among other things, contains definitions for
the defined terms used in this Summary Notice) and other settlement
documents, online at www.OatlySecuritiesSettlement.com, or by
writing to:
Oatly Securities Litigation
Claims Administrator
c/o Gilardi & Co. LLC
P.O. Box 301170
Los Angeles, CA 90030-1170
Inquiries should NOT be directed to Defendants, the Court, or the
Clerk of the Court. Inquiries, other than requests for the Notice
or for a Proof of Claim, may be made to:
Plaintiffs' Counsel:
William C. Fredericks
SCOTT + SCOTT ATTORNEYS AT LAW LLP
The Helmsley Building
230 Park Avenue, 17th Floor
New York, NY 10169
Telephone: (212) 223-6444
Michael G. Capeci
ROBBINS GELLER RUDMAN & DOWD LLP
58 South Service Road, Suite 200
Melville, NY 11747
Telephone: (631) 367-7100
IF YOU DESIRE TO BE EXCLUDED FROM THE SETTLEMENT CLASS, YOU MUST
SUBMIT A REQUEST FOR EXCLUSION SUCH THAT IT IS POSTMARKED BY JUNE
17, 2024, IN THE MANNER AND FORM EXPLAINED IN THE NOTICE. ALL
MEMBERS OF THE SETTLEMENT CLASS WHO HAVE NOT REQUESTED EXCLUSION
FROM THE SETTLEMENT CLASS WILL BE BOUND BY THE SETTLEMENT EVEN IF
THEY DO NOT SUBMIT A TIMELY PROOF OF CLAIM.
IF YOU ARE A SETTLEMENT CLASS MEMBER, YOU HAVE THE RIGHT TO OBJECT
TO THE SETTLEMENT, THE PLAN OF ALLOCATION, THE REQUEST BY
PLAINTIFFS' COUNSEL FOR AN AWARD OF ATTORNEYS' FEES AND EXPENSES,
AND/OR THE AWARD TO PLAINTIFFS FOR REPRESENTING THE SETTLEMENT
CLASS. ANY OBJECTIONS MUST BE FILED WITH THE COURT AND SENT TO
PLAINTIFFS' COUNSEL AND DEFENDANTS' COUNSEL BY JUNE 16, 2024, IN
THE MANNER AND FORM EXPLAINED IN THE NOTICE.
DATED: March 28, 2024
BY ORDER OF THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
1 The Stipulation can be viewed and/or obtained at
www.OatlySecuritiesSettlement.com. All capitalized terms used
herein and not otherwise defined shall have the same meaning as
ascribed to them in the Stipulation.
PACIFIC WOODTECH: Roberts Suit Removed to E.D. California
---------------------------------------------------------
The case captioned as Thomas Roberts, on behalf of himself and all
others similarly situated v. PACIFIC WOODTECH CORPORATION, a
Washington Corporation; and DOES 1 through 50, inclusive, Case No.
24CI-000049 was removed from the Superior Court of the State of
California for the County of Tehama, to the United States District
Court for the Eastern District of California on April 18, 2024, and
assigned Case No. 2:24-at-00486.
The Plaintiff in his Class Action Complaint alleges the following
causes of action: Failure to Pay All Minimum Wages; Failure to Pay
All Overtime Wages; Meal Period Violations; Rest Period Violations;
Failure to Pay All Sick Time; Wage Statement Violations; Waiting
Time Penalties; and Unfair Competition.[BN]
The Defendants are represented by:
James M. Shore, Esq.
Bryan L. Hawkins, Esq.
Robert Sarkisian, Esq.
STOEL RIVES LLP
500 Capitol Mall, Suite 1600
Sacramento, CA 95814
Phone: 916.447.0700
Facsimile: 916.447.4781
Email: jim.shore@stoel.com
bryan.hawkins@stoel.com
robert.sarkisian@stoel.com
PIONEER MERGER: $13MM Class Settlement to be Heard on May 28
------------------------------------------------------------
TO: All persons or entities who owned Class A common stock of
Pioneer Merger Corp. (in Official Liquidation) ("Pioneer") as of
January 13, 2023 and the shares were redeemed (the "Class").
YOU ARE HEREBY NOTIFIED, pursuant to Rule 23 of the Federal Rules
of Civil Procedure and an Order of the United States District Court
for the Southern District of New York (the "Court"), that the
Funicular Funds, LP v. Pioneer Merger Corp., et al., Civil Action
No. 22-10986-JSR (the "Action") is pending in the Court.
YOU ARE ALSO NOTIFIED that Lead Plaintiff Funicular Funds, LP, on
behalf of itself and the Class, has reached a proposed settlement
of the Action for $13,000,000 in cash and a contingent payment of
80% of any proceeds paid pursuant to an insurance policy covering
certain defendants, as further described in the full Notice (the
"Settlement"), which has been distributed to the Class and is
available at www.pioneermergercorpsettlement.com. If approved, the
Settlement will resolve all claims in the Action.
A hearing will be held on May 28, 2024, at 3:00 p.m., before the
Honorable Jed S. Rakoff, either in person at the United States
District Court for the Southern District of New York, Courtroom 14B
of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl
Street, New York, New York 10007, or by telephone or
videoconference (in the discretion of the Court), to determine,
among other things: (i) whether the proposed Settlement should be
approved as fair, reasonable, and adequate; (ii) whether the Action
should be dismissed with prejudice against Defendants, and the
releases specified and described in the Stipulation and Agreement
of Settlement dated as of February 8, 2024 (and in the Notice)
should be granted; and (iii) whether the proposed Plan of
Allocation should be approved as fair and reasonable; (iv) whether
Lead Counsel's motion for an award of attorneys' fees, incentive
award and litigation expenses should be approved; and (v) any other
matters that may properly be brought before the Court in connection
with the Settlement.
If you are a member of the Class, your rights may be affected by
the pending Action and the Settlement. More information can be
found at www.pioneermergercorpsettlement.com.
If you are a member of the Class, you have the right to object to
the proposed Settlement, the proposed Plan of Allocation, or Lead
Counsel's motion for attorneys' fees, incentive award and
litigation expenses. Any objections must be filed with the Court
and delivered to counsel specified in the Notice such that they are
received no later than May 7, 2024, in accordance with the
instructions set forth in the Notice.
Please do not contact the Court, the Office of the Clerk of the
Court, Defendants, or Defendants' Counsel regarding this notice.
All questions about this notice, the proposed Settlement, or your
eligibility for the Settlement should be directed to Lead Counsel
for the Class.
All inquiries should be directed to Lead Counsel for the Class:
Morris Kandinov LLP
Aaron T. Morris, Esq.
305 Broadway, 7th Floor
New York, NY 10007
aaron@moka.law
(332) 240-4024
By Order of the Court
PLANET HOME LENDING: Shine FDCPA Suit Removed to C.D. California
----------------------------------------------------------------
The case styled as Bernard C. Shine, on behalf of himself and all
other similarly situated v. Planet Home Lending LLC, DOES 1-10,
Case No. 24stcv04198 was removed from the Los Angeles County
Superior Court, to the U.S. District Court for the Central District
of California on April 18, 2024.
The District Court Clerk assigned Case No. 2:24-cv-03194 to the
proceeding.
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
Planet Home Lending, LLC -- https://planethomelending.com/ --
operates as a multi-state lender. The Company offers loss
mitigation, private label, and escrow administration services.[BN]
The Plaintiff appears pro se.
The Defendant is represented by:
Fredrick S. Levin, Esq.
ORRICK, HERRINGTON AND SUTCLIFFE LLP
631 Wilshire Boulevard, Suite 2-c
Santa Monica, CA 90401
Phone: (310) 424-3900
Fax: (310) 424-3960
Email: flevin@orrick.com
POPPIN FURNITURE: Karim Files ADA Suit in S.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against Poppin Furniture,
LLC. The case is styled as Jessica Karim, on behalf of herself and
all others similarly situated v. Poppin Furniture, LLC, Case No.
1:24-cv-02946 (S.D.N.Y., April 18, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Poppin Furniture, LLC -- https://www.poppin.com/ -- offers modern,
functional & affordable office furniture.[BN]
The Plaintiff is represented by:
Gabriel Levy, Esq.
GABRIEL A. LEVY, P.C.
1129 Northern Blvd., Suite 404
Manhasset, NY 11030
Phone: (516) 287-3458
Email: glevy@glpcfirm.com
REAL ESTATE ONE: Hartz Suit Removed to N.D. Illinois
----------------------------------------------------
The case captioned as Matthew Hartz, individually and on behalf of
similarly situated individuals v. REAL ESTATE ONE, INC., a Michigan
Corporation, Case No. 2024 CH 02324 was removed from the Circuit
Court of Cook County, Illinois, to the United States District Court
for the Northern District of Illinois on April 19, 2024, and
assigned Case No. 1:24-cv-03160.
The complaint asserts causes of action for violation of the
Michigan Antitrust Reform Act, violation of the Michigan Consumer
Protection Act, and unjust enrichment. The complaint alleges
generally that Real Estate One and others, including the National
Association of Realtors, engaged in anticompetitive practices,
including conspiring to impose and enforce anticompetitive
restrictions that forced home sellers to pay inflated commissions
to their own broker, but also to the buyer's broker, without the
ability to negotiate the amounts of those commissions.[BN]
The Defendants are represented by:
Harry N. Arger, Esq.
Kevin Connor, Esq.
Cody Rockey, Esq.
DYKEMA GOSSETT PLLC
10 S. Wacker Drive, Suite 2300
Chicago, IL 60606
Phone: (312) 876-1700
Fax: (312) 876-1155
Email: HArger@dykema.com
KConnor@dykema.com
CRockey@dykema.com
RELIANT PROPERTY: Walker Files Suit in Cal. Super. Ct.
------------------------------------------------------
A class action lawsuit has been filed against Reliant Property
Management, Inc., et al. The case is styled as Andrew Walker,
individually, and on behalf of all others similarly situated v.
Reliant Property Management, Inc., Does 1 Through 10, Inclusive,
Case No. CGC24614063 (Cal. Super. Ct., San Francisco Cty., April
17, 2024).
The case type is stated as "Other Non-Exempt Complaints."
Reliant Property Management, Inc. --
https://www.reliantmanager.com/ -- offer a variety of rental
property services, including: Rent Collection.[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
SAIA MOTOR FREIGHT: Moore Suit Removed to C.D. California
---------------------------------------------------------
The case captioned as Michael Moore, individually, and on behalf of
all others similarly situated v. SAIA MOTOR FREIGHT LINE, LLC, a
limited liability company; and DOES 1 through 10, inclusive, Case
No. 24STCV06059 was removed from Superior Court in the State of
California for the County of Los Angeles, to the United States
District Court for the Central District of California on April 17,
2024, and assigned Case No. 2:24-cv-03156.
The Plaintiff alleges the following causes of action against
Defendant on behalf of himself and the putative class: 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:
Christopher J. Archibald, Esq.
Amelia Alvarez, Esq.
BRYAN CAVE LEIGHTON PAISNER LLP
1920 Main Street, Suite 1000
Irvine, CA 92614-7276
Phone: (949) 223-7000
Facsimile: (949) 223-7100
Email: christopher.archibald@bclplaw.com
amelia.alvarez@bclplaw.com
- and -
Pamela Carroll Calvet, Esq.
BRYAN CAVE LEIGHTON PAISNER LLP
120 Broadway, Suite 300
Santa Monica, California 90401-2386
Phone: (310) 576-2100
Facsimile: (310) 576-2200
Email: pccalvet@bclplaw.com
SHERIKA HADLEY: Diamond State Files Suit in E.D. Tennessee
----------------------------------------------------------
A class action lawsuit has been filed against Sherika Hadley, et
al. The case is styled as Diamond State Insurance Company v.
Sherika Hadley; Tarnell Ewing; Toddrico Bean; Michael Thompson; and
Shelvick Nelson, Individually and on behalf of themselves and all
others similarly situated, et al., Case No. 4:24-cv-00034-KAC-SKL
(E.D. Tenn., April 17, 2024).
The nature of suit is stated as Insurance.[BN]
The Plaintiffs are represented by:
Dale Hederick Tuttle, Esq.
Todd B. Murrah, Esq.
GLASSMAN, WYATT, TUTTLE & COX, P.C.
26 North Second Street
Memphis, TN 38103
Tulsa, OK 74136
Phone: (901) 527-4673
Fax: (901) 521-0940
Email: dtuttle@gewwlaw.com
tmurrah@gwtclaw.com
SHIPT INC: Boson Suit Removed to N.D. California
------------------------------------------------
The case captioned as David Boson, individually and on behalf of
all others similarly situated v. SHIPT, INC., a Delaware
Corporation; ROB HOWARD, an individual and DOES 1 through 100,
inclusive, Case No. CGC-24-612766 was removed from the Superior
Court of California for the County of San Francisco, to the United
States District Court for the Northern District of California on
April 19, 2024, and assigned Case No. 3:24-cv-02367.
The Plaintiff's Complaint purports to allege class and collective
action claims for relief against the defendants stemming from their
alleged misclassification of Plaintiff and other individuals as
independent contractors. Plaintiff alleges that, as a result of
this purported misclassification, the defendants violated the Fair
Labor Standards Act the defendants allegedly "failed to pay
Plaintiffs minimum wage for all hours worked and failed to pay
Plaintiff time and-a-half their regular hourly rate for all hours
worked beyond forty per week as required by federal law.
Plaintiff's Complaint also asserts claims under California law for
unreimbursed expenses, unpaid wages, penalties under the Labor
Code, and Unfair Competition.[BN]
The Defendants are represented by:
Camille A. Olson, Esq.
Richard B. Lapp, Esq.
Christopher A. Crosman, Esq.
SEYFARTH SHAW LLP
2029 Century Park East, Suite 33500
Los Angeles, CA 90067-3021
Phone: (310) 277-7200
Facsimile: (310) 201-5219
Email: colson@seyfarth.com
rlapp@seyfarth.com
ccrosman@seyfarth.com
- and -
Candace Bertoldi, Esq.
SEYFARTH SHAW LLP
601 South Figueroa Street, Suite 3300
Los Angeles, CA 90017-5793
Phone: (213) 270-9600
Facsimile: (213) 270-9601
Email: cbertoldi@seyfarth.com
SOUTHSTATE BANK: A.M. Files Suit in N.D. Georgia
------------------------------------------------
A class action lawsuit has been filed against SouthState Bank,
N.A., et al. The case is styled as A.M., M.M., R.M., individually
and on behalf of all others similarly situated v. SouthState Bank,
N.A., SouthState Corporation, Case No. 1:24-cv-01636-TWT (N.D. Ga.,
April 17, 2024).
The nature of suit is stated as Other Contract for Breach of
Fiduciary Duty.
SouthState -- https://www.southstatebank.com/personal -- is one of
the leading regional banks in the Southeast.[BN]
The Plaintiff is represented by:
Lucy McShane, Esq.
Maureen M. Brady, Esq.
MCSHANE & BRADY LLC
1656 Washington Street Suite 140
Kansas City, MO 64108
Phone: (816) 888-8010
Email: lmcshane@mcshanebradylaw.com
mbrady@mcshanebradylaw.com
- and -
Sharon Jessica Zinns, Esq.
ZINNS LAW, LLC
4243 Dunwoody Club Drive, Suite 104
Atlanta, GA 30350
Phone: (404) 882-9002
Email: sharon@zinnslaw.com
SUN-MAID GROWERS: McGarity Suit Removed to S.D. California
----------------------------------------------------------
The case styled as Margaret McGarity, on behalf of herself and all
others similarly situated v. Sun-Maid Growers of California, Does 1
through 10, Case No. 37-02024-00012618-CU-FR-CTL was removed from
the Superior Court of California, County of San Diego, to the U.S.
District Court for the Southern District of California on April 19,
2024.
The District Court Clerk assigned Case No. 3:24-cv-00714-BAS-DEB to
the proceeding.
The nature of suit is stated as Other Personal Property:.
Sun-Maid Growers of California -- https://www.sunmaid.com/ -- is an
American farmer-owned cooperative of raisin growers headquartered
in Fresno, California.[BN]
The Plaintiff is represented by:
Aubry Wand, Esq.
THE WAND LAW FIRM, P.C.
100 Oceangate, Suite 1200
Long Beach, CA 90802
Phone: (310) 590-4503
Email: awand@wandlawfirm.com
- and -
Lisa Omoto, Esq.
FARUQI & FARUQI, LLP
1901 Avenue of the Stars, Suite 1060
Los Angeles, CA 90067
Phone: (424) 365-3225
Email: lomoto@faruqilaw.com
The Defendant is represented by:
Daniel Aronsohn, Esq.
WINSTON & STRAWN/CHICAGO
333 South Grand Avenue, 38th Floor
Los Angeles, CA 90071-1543
Phone: (213) 615-1943
Fax: (213) 615-1750
Email: daronsohn@winston.com
TEAM MANAGEMENT: Collins Seek Leave to Amend Complaint
------------------------------------------------------
In the class action lawsuit captioned as Shawanda V. Collins, v.
Team Management LLC, Eighteen87 on Water LLC, Movin' Out Inc., Case
No. 2:23-cv-01313-BHL (E.D. Wis.), the Plaintiff asks the Court to
enter an order granting leave to amend the Complaint to include a
class action status and certify the proposed class.
The proposed class consists of all individuals who, within the
applicable statute of limitations period, participated in the
online pre-screening survey and were denied based on criminal
history in violation of the Fair Housing Act.
The class also consist of all individuals who encountered housing
advertisements published by Defendants that contained
discriminatory language or criteria based on disability status
and/or income.
The Plaintiff further requests that the Court approve the
forthcoming proposed notice to class members and appoint the
Plaintiff as class representative.
As detailed in the Complaint filed on Nov. 9, 2023, the Plaintiff
Shawanda V Collins alleges that Defendants engaged in
discriminatory housing practices in violation of the Fair Housing
Act, and other applicable federal and state laws.
The Complaint alleges that the Defendant's actions have affected
not only Plaintiff but also numerous individuals who prior to Oct.
1, 2023, encountered the Defendants' discriminatory online
pre-screening process for rental housing on the basis of race,
color and disability when they were automatically disqualified for
housing because of their criminal background. Also, individuals
with disabilities were deter in advertisement for housing at 1887
on Water because of the stated income requirement.
Team Management is a multi-function property and association
management firm.
A copy of the Plaintiff's motion dated April 25, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=HELVtL at no extra
charge.[CC]
TESTEQUITY LLC: Ballentine Suit Removed to C.D. California
----------------------------------------------------------
The case captioned as Scott Ballentine, individually and on behalf
of all other similarly situated, and similarly Aggrieved Employees
v. TESTEQUITY LLC and DOES 1 to 10, inclusive, Case No.
2024CUOE022009 was removed from the Superior Court of the State of
California, County of Ventura, to the United States District Court
for the Central District of California on April 19, 2024, and
assigned Case No. 2:24-cv-03270.
In the Complaint, Plaintiff asserts the following causes of action:
failure to properly calculate and pay required overtime or double
time premium wages in violation of Labor Code and Wage Order 4;
failure to pay minimum wage in violation of Labor Code and Wage
Order 4; failure to pay all regular wages in violation of Labor
Code and Wage Order 4; failure to pay all wages due upon
termination in violation of California Labor Code; failure to
provide rest periods and pay rest period premiums in violation of
Labor Code and Wage Order 4; failure to provide meal periods and
pay meal period premiums in violation of Labor Code and Wage Order
4; failure to provide accurate, itemized wage statements in
violation of Labor Code; penalties under Labor Code; penalties
under the Private Attorneys General Act ("PAGA"); and unlawful
competition in violation of Business and Professions Code
Sections.[BN]
The Defendants are represented by:
Mike Birrer, Esq.
Jordan R. Brownlow, Esq.
CARRINGTON, COLEMAN, SLOMAN & BLUMENTHAL, L.L.P.
901 Main Street, Suite 5500
Dallas, TX 75202
Phone: 214-855-3000
Facsimile: 214-580-2641
Email: mbirrer@ccsb.com
jbrownlow@ccsb.com
- and -
Thomas H. Petrides, Esq.
Gabrielle M. Mercurio, Esq.
VEDDER PRICE (CA), LLP
1925 Century Park East, Suite 1900
Los Angeles, CA 90067
Phone: (424) 204-7700
Fax: (424) 204-7702
Email: tpetrides@vedderprice.com
gmercurio@vedderprice.com
TIGER LINES: Guerrero Files Suit in Cal. Super. Ct.
---------------------------------------------------
A class action lawsuit has been filed against Tiger Lines, LLC. The
case is styled as Blanca Guerrero, an individual, on behalf of
herself and all others similarly situated v. Tiger Lines, LLC, Case
No. STK-CV-UOE-2024-0004722 (Cal. Super. Ct., San Joaquin Cty.,
April 18, 2024).
The case type is stated as "Unlimited Civil Other Employment."
Tiger Lines, LLC -- https://www.tigerlines.com/ -- are a
transportation leader serving our customers, employees and
suppliers, devoted to an unrelenting commitment to safety and our
values.[BN]
The Plaintiff is represented by:
Nazo Koulloukian, Esq.
KOUL LAW FIRM
3435 Wilshire Blvd., Ste. 1710
Los Angeles, CA 90010-2003
Phone: 213-761-5484
Fax: 818-561-3938
Email: nazo@koullaw.com
TOYOTA OF DALLAS: Parties Seek to Modify Class Cert Sched Order
---------------------------------------------------------------
In the class action lawsuit captioned as Rhonn Mitchell, on behalf
of himself and all others similarly situated, v. Toyota of Dallas,
Case No. 3:23-cv-01278-N (N.D. Tex.), the Parties ask the Court to
enter an order granting their joint motion to modify class
certification
scheduling order.
Plaintiff's Motion for Class 90 days after ruling on
Certification motion for protective
order
Defendant's Designation of 120 days after ruling on
Expert Witnesses motion for protective
order
Plaintiff's Designation of 150 days after ruling on
Rebuttal Experts motion for protective
order
Close of Class Certification 180 days after ruling on
Discovery motion for protective
order
Defendant's Service of its 194 days after ruling on
Response to Plaintiff's motion for protective
order
Motion for Class Certification
Plaintiff's Service of his Reply 210 days after ruling on
to Defendant's Response to motion for protective
order
Plaintiff's Motion for Class
Certification
This case was begun by Rhonn Mitchell on June 6, 2023. The
Defendant filed its answer on September 11, 2023. On that same date
the Court entered its Order Requiring Status and Scheduling
Conference.
On Jan. 14, 2024, the Plaintiff filed his First Amended Complaint
to add a cause of action for himself and putative class members who
allegedly received telephone calls from the Defendant. Notably,
Plaintiff's initial complaint only alleged text messages he
received from Defendant.
The Plaintiff alleges that Defendant placed numerous telephone
calls and sent numerous text messages to him after Plaintiff "opted
out" of receiving such solicitations.
The Plaintiff seeks to certify four classes of similarly situated
individuals.
Toyota of Dallas is a Toyota dealership, serving Dallas,
Richardson, Garland, Carrollton, Plano and Irving.
A copy of the Parties' motion dated April 26, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=juOkpV at no extra
charge.[CC]
The Plaintiff is represented by:
Chris R. Miltenberger, Esq.
THE LAW OFFICE OF CHRIS R.
MILTENBERGER, PLLC
1360 N. White Chapel, Suite 200
Southlake, TX 76092-4322
Telephone: (817) 416-5060
Facsimile: (817) 416-5062
E-mail: chris@crmlawpractice.com
The Defendant is represented by:
Frank J. Catalano, Esq.
Darrell E. Davis, Esq.
CLARK HILL PLC
2600 Dallas Parkway, Suite 600
Frisco, TX 75034
Telephone: (469) 287-3917
Facsimile: (469) 287-3999
E-mail: fcatalano@clarkhill.com
ddavis@clarkhill.com
TROP INC: Milburn Sues Over Unpaid Wages and Unlawful Deductions
----------------------------------------------------------------
Julie Milburn and Jessica Harris, and the similarly situated v.
TROP, INC. d/b/a "Pink Pony", DENNIS WILLIAMS, and MICHAEL A. KAP,
Case No. 1:24-cv-01631-VMC (N.D. Ga., April 17, 2024), is brought
as a result of the Defendants' violation of the Fair Labor
Standards Act ("FLSA"), seeking all unpaid minimum wages, recovery
of unlawful deductions, liquidated damages, interest, and
attorneys' fees and costs.
The Defendants required Plaintiffs to make certain payments to Pink
Pony employees and others which caused Plaintiffs' wages to drop
below the minimum wage and applicable overtime wage, thereby
constituting illegal deductions under the FLSA; these unlawful
deductions were an illegal retention of earned tips under the FLSA.
Defendants charged a substantial "house fee" per shift to work at
the Pony; such fees constitute illegal kickbacks under the FLSA,
says the complaint.
The Plaintiffs are former employees of the Defendants.
TROP, INC., WILLIAMS, and KAP, own and/or operate an adult
entertainment club in Atlanta, Fulton County, Georgia known as the
"Pink Pony."[BN]
The Plaintiff is represented by:
Jonah A. Flynn, Esq.
FLYNN LAW FIRM, LLC
4200 Northside Parkway NW
Building One, Suite 100
Atlanta, GA 30327
Phone/Fax: 404-835-9660
Email: jflynn@flynnfirm.com
TSYS MERCHANT: SBCW Consulting Files Suit in C.D. California
------------------------------------------------------------
A class action lawsuit has been filed against TSYS Merchant
Solutions LLC, et al. The case is styled as SBCW Consulting Inc.,
individually and on behalf of others similarly situated v. TSYS
Merchant Solutions LLC, TSYS Advisors, Inc., TSYS Acquiring
Solutions, L.L.C., Case No. 2:24-cv-03193 (S.D.N.Y., April 18,
2024).
The nature of suit is stated as Consumer Credit for Account
Receivable.
TSYS Merchant Solutions, LLC -- https://www.tsys.com/ -- offers
financial solutions. The Company offers credit card processing and
other related services.[BN]
The Plaintiff is represented by:
Heather M. Davis, Esq.
PROTECTION LAW GROUP, LLP
149 Sheldon Street
El Segundo, CA 90245
Phone: (424) 290-3095
Email: heather@protectionlawgroup.com
UNDERGROUND SUPPLY: Jimenez Suit Removed to N.D. Illinois
---------------------------------------------------------
The case captioned as Jose del Carmen Camacho Jimenez, a single
man, and a class of others similarly situated v. Underground Supply
West, LLC, an Arizona limited liability company; James G. Regan and
Carrie S. Regan, husband and wife; Case No. CV2024-004733 was
removed from the Superior Court of the State of Arizona, County of
Maricopa, to the United States District Court for the Northern
District of Illinois on April 21, 2024, and assigned Case No.
2:24-cv-00906-SMB.
The complaint asserts causes of action for violation of the
Michigan Antitrust Reform Act, violation of the Michigan Consumer
Protection Act, and unjust enrichment. The complaint alleges
generally that Real Estate One and others, including the National
Association of Realtors, engaged in anticompetitive practices,
including conspiring to impose and enforce anticompetitive
restrictions that forced home sellers to pay inflated commissions
to their own broker, but also to the buyer's broker, without the
ability to negotiate the amounts of those commissions.[BN]
The Defendants are represented by:
Scott H. Zwillinger, Esq.
Robert Weeks, Esq.
Samantha Lee, Esq.
ZWILLINGER WULKAN PLC
2020 North Central Avenue, Suite 675
Phoenix, AZ 85004
Phone: (602) 609-3800
Fax: (602) 962-0207
Email: scott.zwillinger@zwfirm.com
robert.weeks@zwfirm.com
samantha.lee@zwfirm.com
UNIBARNS TRADING: Parties Seek Extension of Class Cert Deadline
---------------------------------------------------------------
In the class action lawsuit captioned as ORLANDO JONES v. UNIBARNS
TRADING, INC., d/b/a UNICE HAIR, Case No. 1:23-cv-00594-CCE-JEP
(M.D.N.C.), the Hon. Judge Joi Elizabeth Peake entered an order
allowing the Parties until April 30, 2024, to file a joint
stipulation agreeing that no additional discovery will be needed
after the ruling on the class certification motion.
The Plaintiff filed a consent motion for a 90-day extension of the
current May 6, 2024, deadline to file a motion for class
certification to Aug. 5, 2024. However, the deadline for the close
o discovery is October 25, 2024.
The requested extension will mean that the class certification
motion will not be resolved until after discovery is closed.
Unibarns provides virgin human hair wigs, hair bundles and hair
extensions.
A copy of the Court's order dated April 25, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=doB4Yj at no extra
charge.[CC]
UNITED SERVICES: Abulhusn Sues Over Unpaid Minimum, Overtime Wages
------------------------------------------------------------------
Jad Abulhusn, individually, and on behalf of all other aggrieved
employees v. UNITED SERVICES AUTOMOBILE ASSOCIATION; and DOES 1-20,
inclusive, Case No. 24STCV09856 (Cal. Super. Ct., Los Angeles Cty.,
April 19, 2024), is brought for recovery of penalties under the
Private Attorneys General Act of 2004 ("PAGA"), Cal. Lab. Code. As
a result of the Defendants failure to pay minimum and overtime
wages.
The Defendants implemented policies and practices which led to
unpaid wages resulting from Defendant's: failure to accurately pay
overtime wages, failure to pay minimum wages, failure to provide
meal periods before the end Of the fifth hour worked and failure to
pay an additional hour's of pay in lieu of providing a meal period
before the end of the fifth hour worked; failure to authorize and
permit rest breaks for every four hours or major fraction thereof
worked and failure to pay an additional hour's of pay in lieu of
providing a rest period; failing to pay all wages earned and owed
upon separation from Defendant's employ; and failing to provide
accurate itemized wage statements; knowingly and intentionally
failing to maintain accurate and complete records; and failure to
indemnify for necessary business expenses. As a result, Plaintiff
seek penalties under Labor Code on behalf of the general public as
private attorney general and all other aggrieved employees, says
the complaint.
The Plaintiff was employed as a Special Investigator in Los
Angeles.
The Defendant provides insurance services throughout the United
States, including in Los Angeles County.[BN]
The Plaintiff is represented by:
Ronald W. Makarem, Esq.
Daniel J. Bass, Esq.
Deepika Chandrashekar, Esq.
MAKAREM & ASSOCIATES APLC
11601 Wilshire Boulevard, Suite 2440
Los Angeles, CA 90025-1760
Phone: (310) 312-0299
Fax: (310) 312-0296
UPROXX LLC: Kuzenski Seeks More Time for Class Cert Bid Filing
--------------------------------------------------------------
In the class action lawsuit captioned as FRANKLIN KUZENSKI, on
behalf of himself and all others similarly situated, v. UPROXX LLC,
Case No. 2:23-cv-00945-WLH-AGR (C.D. Cal.), the Plaintiff, on June
7, 2024, will move the Court for an order extending the deadline
for the Plaintiff's Class Certification Motion to 21 days from the
entry of an order granting the same.
The Court should extend the class certification deadline both
because it makes practical sense and because Plaintiff's failure to
timely move for class certification or seek an extension thereof
was at most the result of excusable neglect.
Uproxx is an entertainment and popular culture news website.
A copy of the Plaintiff's motion dated April 25, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=NlAvFV at no extra
charge.[CC]
The Plaintiff is represented by:
Mike M. Arias, Esq.
Arnold C. Wang, Esq.
M. Anthony Jenkins, Esq.
ARIAS SANGUINETTI WANG & TEAM, LLP
6701 Center Drive West, 14th Floor
Los Angeles, CA 90045
Telephone: (310) 844-9696
Facsimile: (310) 861-0168
- and -
Nicholas A. Coulson
Julia G. Haghighi
LIDDLE SHEETS COULSON P.C.
975 E. Jefferson Avenue
Detroit, MI 48207
Telephone: (313) 392-0015
Facsimile: (313) 392-0025
E-mail: Ncoulson@lsccounsel.com
Jhaghighi@lsccounsel.com
VALE SA: Appeal on Technical Evidence Submission Order Pending
--------------------------------------------------------------
Vale SA disclosed in its form 20-F Report for the fiscal period
ending December 31, 2023 filed with the Securities and Exchange
Commission on April 19, 2024, that the Company's appeal on the
court's order to submit complementary technical evidence to assess
its contribution to the air quality of the metropolitan region of
Vitoria, in the State of Espírito Santo is pending in court.
In July 2006, the National Association of Friends of the
Environment (ANAMA) filed a class action against the Company, the
State of Espírito Santo, the Environmental Agency of the State of
Espírito Santo (IEMA), the Municipality of Vitória, the Federal
Union, and the Brazilian Environmental Agency.
The ANAMA sought compensation for pollution it had allegedly caused
in the Metropolitan Region of the Municipality of Vitória.
As reported in its annual report on form 20-F for prior years, in
2018, it entered into a settlement agreement that established major
investments to improve control over atmospheric emissions at
Tubarão Port and pelletizing plants.
This agreement halted the continuation of the lawsuit.
Despite the conclusions of the judicial technical evidence and the
execution of the agreement, in November 2023, the court ordered
that it submitted complementary technical evidence to assess its
contribution to the air quality of the metropolitan region of
Vitória, in the State of Espírito Santo.
The Company appealed and a decision on the appeal is pending.
Vale S.A. produces and sells iron ore, pellets, manganese, alloys,
gold, nickel, copper, kaolin, bauxite, alumina, aluminum, and
potash. The Company is based in Brazil, where it owns and operates
railroads and maritime terminals.
VALE SA: Continues to Defend Consolidated Securities Class Suits
----------------------------------------------------------------
Vale SA disclosed in its form 20-F Report for the fiscal period
ending December 31, 2023 filed with the Securities and Exchange
Commission on April 19, 2024, that the Company continues to defend
itself from the consolidated securities class suits in the federal
courts of New York.
The Company and certain of its former executive officers were named
defendants in putative securities class action suits, under U.S.
federal securities laws, brought before federal courts in New York
by holders of our securities.
Those complaints were consolidated through an amended complaint
brought by the lead plaintiff in October 2019 before the United
States District Court for the Eastern District of New York,
captioned In re: Vale S.A. Securities Litigation, No. 19 Civ. 526
(E.D.N.Y.).
The lead plaintiff alleges that the defendants made false and
misleading statements or omitted to make disclosures concerning
Brumadinho dam and the adequacy of related risk management programs
and procedures.
In May 2020, the court partially denied our motion to dismiss the
amended complaint.
In March 2022, the court granted the lead plaintiff's motion for
class certification.
In November 2023, discovery closed and defendants moved to
decertify the case as a class action.
The decertification motion is pending.
In January 2024, plaintiff and the defendants filed premotion
conference letters with the court indicating their respective
intents to move for summary judgment.
In November 2021, eight related investment funds affiliated with a
privately owned asset manager (all of whom are currently part to
the putative class discussed above) filed an "opt-out" complaint
captioned Orbis Global Equity LE Fund (Australia Registered) et al.
v. Vale S.A. et al., No. 21 Civ. 6590 (E.D.N.Y.), that is similar
to the class action complaint in all material respects.
In August 2022, the defendants moved to partially dismiss the case.
In November 2023, the court granted plaintiffs' request to file an
amended complaint.
In December 2023, defendants moved to partially dismiss the amended
complaint, and the motion remains pending.
Given the current status of the actions, it is not possible at this
time to determine a range of outcomes or to make reliable estimates
of the potential exposure.
The Company will continue to vigorously contest this claim.
Vale S.A. produces and sells iron ore, pellets, manganese, alloys,
gold, nickel, copper, kaolin, bauxite, alumina, aluminum, and
potash. The Company is based in Brazil, where it owns and operates
railroads and maritime terminals.
WALMART INC: Guzman Suit Removed to N.D. California
---------------------------------------------------
The case captioned as Jaime Guzman, individually and on behalf of
all other similarly situated v. Walmart, Inc., Case No. 24CV068489
was removed from the Superior Court for the State of California for
the County of Alameda, to the United States District Court for the
Northern District of California on April 19, 2024, and assigned
Case No. 3:24-cv-02353.
In the Complaint, Plaintiff alleges that Defendant mislabels and
fails to disclose and/or adequately warn consumers about alleged
lead content in its Equate Daily Fiber Orange Smooth product (the
"Product"). The Plaintiff seeks, among other things, to certify a
putative class that purports to include "all persons who purchased
the Product for personal use in California within the applicable
statute of limitations until the date class notice is
disseminated." The Complaint purports to allege causes of action
against Defendant for supposed violations of California Civil Code
(the Consumers Legal Remedies Act ("CLRA")), California Business
and Professions Code (the Unfair Competition Law ("UCL")), and for
breach of implied warranties.[BN]
The Defendants are represented by:
William P. Cole, Esq.
Matthew R. Orr, Esq.
Richard L. Hyde, Esq.
AMIN WASSERMAN GURNANI, LLP
515 South Flower St., 18th Floor
Los Angeles, CA 90071
Phone: (213) 933-2330
Fax: (312) 884-7352
Email: wcole@awglaw.com
morr@awglaw.com
rhyde@awglaw.com
WASTE MANAGEMENT: Parties Must Submit Proposed Order by May 24
--------------------------------------------------------------
In the class action lawsuit re Waste Management Securities
Litigation, Case No. 1:22-cv-04838-LGS (S.D.N.Y.), the Hon. Judge
Lorna Schofield entered an order that by May 24, 2024, the parties
shall submit any joint proposed protective order.
The case management plan and scheduling order will issue in a
separate order. The parties' attention is particularly directed to
the provisions for periodic status letters, including the
requirement to file joint status letters every 45 days beginning
July 16, 2024.
A copy of the Court's order dated April 24, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=Mifpm9 at no extra
charge.[CC]
WASTE MANAGEMENT: Plaintiff Must File Class Cert Bid by June 14
---------------------------------------------------------------
In the class action lawsuit captioned re Waste Management
Securities Litigation, Case No. 1:22-cv-04838-LGS (S.D.N.Y.), the
Hon. Judge Lorna Schofield entered a civil case management plan and
scheduling order as follows:
-- All expert discovery shall be completed May 30, 2025
no later than:
-- The Parties shall submit a proposed May 24, 2024.
protective order and stipulations
regarding confidential discovery material
or raise related disputes, if any, with the
Court by:
-- Lead Plaintiff shall file its motion for June 14, 2024
class certification by:
-- The Defendants shall file their Aug. 16, 2024.
opposition, if any, by:
-- Lead Plaintiff shall file a reply in Oct. 16, 2024
support of its motion for Class
Certification by:
-- Defendants shall file a motion for Oct. 30, 2024
leave to file a surreply, if any, by:
A copy of the Court's order dated April 25, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=fUGHuK at no extra
charge.[CC]
The Plaintiff is represented by:
Chad Johnson, Esq.
Noam Mandel, Esq.
Desiree Cummings, Esq.
Jonathan Zweig, Esq.
Christopher Gilroy, Esq.
ROBBINS GELLER RUDMAN
& DOWD LLP
420 Lexington Avenue, Suite 1832
New York, NY 10170
Telephone: (212) 432-5100
The Defendants are represented by:
David D. Sterling, Esq.
Amy Pharr Hefley, Esq.
James J. Beha, II, Esq.
BAKER BOTTS L.L.P.
910 Louisiana Street
Houston, TX 77002
Telephone: (713) 229-1946
BAKER BOTTS L.L.P.
30 Rockefeller Plaza
New York, NY 10112
Telephone: (212) 408-2520
WELLPATH LLC: Parties Seek More Time for Class Cert Bid Filing
--------------------------------------------------------------
In the class action lawsuit captioned as PATTY FALING-DAVIS,
Individually and For Others Similarly Situated, v. WELLPATH LLC,
Case No. 1:23-cv-03017-MKD (E.D. Wash.), the Parties ask the Court
to enter an order granting a 60-day extension for the Plaintiff to
move for class certification.
The Plaintiff's current deadline to file for class certification is
April 30, 2024.
Wellpath is a healthcare company.
A copy of the Parties' motion dated April 29, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=4ZzpfQ at no extra
charge.[CC]
The Plaintiff is represented by:
Nicholas D. Kovarik, Esq.
PISKEL YAHNE KOVARIK, PLLC
522 W. Riverside Ave., Suite 700
Spokane, WA 99201
Telephone: (509) 321-5930
Facsimile: (509) 321-5935
E-mail: nick@pyklawyers.com
- and -
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
Carl A. Fitz, Esq.
JOSEPHSON DUNLAP, LLP
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Telephone: (713) 352-1100
Facsimile: (713) 352-3300
E-mail: mjosephson@mybackwages.com
adunlap@mybackwages.com
cfitz@mybackwages.com
- and -
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH PLLC
11 Greenway Plaza, Suite 3025
Houston, TX 77046
Telephone: (713) 877-8788
Facsimile: (713) 877-8065
E-mail: rburch@brucknerburch.com
The Defendant is represented by:
Adam T. Pankratz, Esq.
Elizabeth A. Falcone, Esq.
Christopher F. McCracken, Esq.
OGLETREE, DEAKINS, NASH, SMOAK &
STEWART P.C.
1201 Third Avenue, Suite 5150
Seattle, WA 98101
Telephone: (206) 693-7057
Facsimile: (206) 693-7058
E-mail: Adam.pankratz@ogletree.com
Elizabeth.falcone@ogletree.com
Christopher.mccracken@ogletree.com
WELLS FARGO: Plaintiffs Seek to Certify Class & Subclasses
----------------------------------------------------------
In the class action lawsuit re Wells Fargo Mortgage Discrimination
Litigation, Case No. 3:22-cv-00990-JD (N.D. Cal.), the Plaintiffs,
on June 27, 2024, will move the Court for an order certifying the
class and subclasses pursuant to Federal Rule of Civil Procedure 23
regarding Wells Fargo's violations of the Equal Credit Opportunity
Act, the Fair Housing Act, California's Unruh Civil Rights Act, and
California's Unfair Competition Law.
Specifically, the Plaintiffs move to certify the following class
and subclasses based on Wells Fargo's discrimination:
Pursuant to Federal Rule of Civil Procedure 23(b)(3), damages
subclasses consisting of:
-- Minority Applicants who applied for a refinance and were
approved
by an external AUS or Wells Fargo's ECS, but who were
ultimately
denied during the Class Period.
-- Minority Applicants who applied for a home purchase and were
approved by an external AUS or Wells Fargo's ECS, but who were
ultimately denied during the Class Period.
-- Minority Applicants who applied for a HELOC and were approved
by
Wells Fargo's AUS for home equity products, but who were
ultimately denied during the Class Period.
Pursuant to Federal Rule of Civil Procedure 23(b)(2), an
injunction/restitution class consisting of:
-- Minority Applicants who paid fees to process their mortgage
loan
applications with Wells Fargo during the Class Period, who had
their applications denied.
Pursuant to Federal Rule of Civil Procedure 23(c)(4)), two
subclasses on the issue of liability:
-- Whether Wells Fargo is liable to Minority Applicants who were
discriminated against based on Wells Fargo's use of its "Common
Opportunities Results Experiences/Enhanced Credit Scoring
(CORE/ECS) policy to process their home mortgage loans.
-- Whether Wells Fargo is liable to minority borrowers who
received
mortgage loans from Wells Fargo, during the Class Period, who
were
discriminated against by receiving higher interest rates
compared
to similarly situated White borrowers.
Wells Fargo's use of CORE, its Risk Engine and associated ECS model
from January 1, 2018, through Dec. 31, 2022, the Class Period,
placed loan applicants into a risk class of A1, A2, C1 and C2,
resulting in disparate impact to Minority Applicants who were less
likely to be approved than similarly situated White applicants by a
statistically significant margin.
The Plaintiffs claim that Wells Fargo discriminated against the
Minority Applicants by subjecting them to its discriminatory loan
policies; primarily the uniform and consistent processing of their
mortgage loans through its CORE/ECS underwriting system, which was
disproportionally assigning them to lower credit risk classes
leading to lower approvals.
Wells Fargo is an American multinational financial services
company.
A copy of the Plaintiffs' motion dated April 25, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=Cb13M8 at no extra
charge.[CC]
The Plaintiffs are represented by:
Dennis S. Ellis, Esq.
ELLIS GEORGE LLP
2121 Avenue of the Stars, 30th Floor
Los Angeles, CA 90067
Telephone: (310) 274-7100
Facsimile: (310) 275-5697
E-mail: dellis@ellisgeorge.com
WELLS FARGO: Plaintiffs Seek to Seal Docs in Mortgage Class Suit
----------------------------------------------------------------
In the class action lawsuit re Wells Fargo Mortgage Discrimination
Litigation, Case No. 3:22-cv-00990-JD (N.D. Cal.), the Plaintiffs
ask the Court to enter an order granting administrative motion to
consider whether another party's material should be filed under
seal.
Pursuant to Civil Local Rules 79-5(f) and 7-11 and the April 7,
2023, stipulated Protective Order to consider whether Defendant
Wells Fargo Bank, N.A.'s documents listed below should be filed
under seal:
Plaintiffs' Memorandum of Points and Authorities in Support of
Their Motion for Class Certification.
Declaration of Dennis S. Ellis in Support of Plaintiffs' Motion
for
Class Certification.
Wells Fargo is an American multinational financial services
company.
A copy of the Plaintiffs' motion dated April 25, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=rspfAz at no extra
charge.[CC]
The Plaintiffs are represented by:
Dennis S. Ellis, Esq.
ELLIS GEORGE LLP
2121 Avenue of the Stars, 30th Floor
Los Angeles, CA 90067
Telephone: (310) 274-7100
Facsimile: (310) 275-5697
E-mail: dellis@ellisgeorge.com
WHOLE FOODS: Yount Suit Removed to W.D. Washington
--------------------------------------------------
The case captioned as Nicole Yount, individually and on behalf of
all others similarly situated v. WHOLE FOODS MARKET PACIFIC
NORTHWEST, INC., a foreign profit corporation doing business as
WHOLE FOODS MARKET; WFM-WO, INC., a foreign profit corporation
doing business as WHOLE FOODS MARKET; WHOLE FOODS MARKET SERVICES,
INC., a foreign profit corporation doing business as WHOLE FOODS
MARKET; and DOES 1-20, Case No. 24-2-05738-2 SEA was removed from
the Superior Court of the State of Washington in and for King
County, to the United States District Court for the Western
District of Washington on April 18, 2024, and assigned Case No.
2:24-cv-00534.
The Plaintiff seeks $5,000 in statutory damages based on the
alleged failure to disclose wage or salary ranges on job postings
for positions in Washington State, purportedly in violation of RCW.
Additionally, the Complaint seeks a statutory award of attorneys'
fees under RCW.[BN]
The Defendants are represented by:
Damon C. Elder, Esq.
Claire M. Lesikar, Esq.
MORGAN, LEWIS & BOCKIUS LLP
1301 Second Avenue, Suite 3000
Seattle, WA 98101
Phone: (206) 274-6400
Email: damon.elder@morganlewis.com
claire.lesikar@morganlewis.com
WILLIAMS-SONOMA STORES: Yount Suit Removed to W.D. Washington
-------------------------------------------------------------
The case captioned as Nicole Yount, individually and on behalf of
all others similarly situated v. WILLIAMS-SONOMA STORES, INC., a
foreign profit corporation doing business as WILLIAMS SONOMA,
POTTERY BARN, POTTERY BARN KIDS, and WEST ELM; and DOES 1-20, Case
No. 24-2-06599-7 SEA was removed from the Superior Court of the
State of Washington in and for King County, to the United States
District Court for the Western District of Washington on April 17,
2024, and assigned Case No. 2:24-cv-00522.
The Complaint seeks statutory or actual damages, whichever is
greater, based on the alleged failure to disclose wage or salary
ranges on job postings for positions in Washington State,
purportedly in violation of RCW. Additionally, the Complaint seeks
a statutory award of attorneys' fees under, preliminary and
permanent injunctive relief, and declaratory relief.[BN]
The Defendants are represented by:
Timothy W. Emery, Esq.
Patrick B. Reddy, Esq.
Paul Cipriani, Esq.
EMERY | REDDY, PLLC
600 Stewart Street, Suite 1100
Seattle, WA 98101
Phone: (206) 442-9106
Fax: (206) 441-9711
Email: emeryt@emeryreddy.com
reddyp@emeryreddy.com
paul@emeryreddy.com
WYNDHAM VACATION: Yorks Files Suit in M.D. Florida
--------------------------------------------------
A class action lawsuit has been filed against Wyndham Vacation
Resorts, Inc. The case is styled as Carol A. Yorks, Taya Ann
Fissix, Donald E. Yorks, Connor Lee Fissix, individually and on
behalf of all other persons similarly situated v. Wyndham Vacation
Resorts, Inc., Case No. 6:24-cv-00575-CEM-DCI (M.D. Fla., March 25,
2024).
The nature of suit is state as Other Fraud for Breach of Contract.
Wyndham Vacation Resorts, Inc. --
https://clubwyndham.wyndhamdestinations.com/ -- provides travel
services. The Company offers suites, villas, resorts, and vacation
club facilities.[BN]
The Plaintiff is represented by:
Howard B. Prossnitz, Esq.
THE LAW OFFICES OF HOWARD B. PROSSNITZ
1014 Ontario Street
Oak Park, IL 60302
Phone: (708) 203-5747
Fax: (708) 386-6443
Email: prossnitzlaw@gmail.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
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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.
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