/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/240508.mbx C L A S S A C T I O N R E P O R T E R Wednesday, May 8, 2024, Vol. 26, No. 93 Headlines ABBOTT LABORATORIES: Filing for Class Cert Bid Extended to Oct. 28 ACELLA PHARMA: Plaintiffs Seek Final Approval of Settlement Deal AMAZON.COM INC: Class Cert Bid Filing Continued to Dec. 30, 2025 AMERICAN ECONOMY: Court Junks Bid to Consolidate Cases in Glasner AMERICAN HONDA: Court Allows Sealing of Class Cert Exhibits APPALACHIAN FIELD: Lagard Sues over Labor Law Breaches APPLE INC: Faces Herrerias Suit Over Smartphone Market Monopoly APPLE INC: Kane Sues Over Smartphone Market Monopolization APPLE INC: Schwartz and Lionetta Sue Over Antitrust Law Breaches AWASHINGTON LLC: Omits Wage Scale in Job Postings, Herold Claims BIO-MEDICAL: Filing of Class Cert Bid Due Nov. 25 BP ENERGY: Class Cert Response Extension in Mehl Denied as Moot BP ENERGY: Response Extension in Stoneberger Suit Denied as Moot CAREFIRST INC: Attias Appeals Class Certification Ruling CARGILL MEAT: Class Cert Bid Filing in Marin Modified to Nov. 18 CARLE FOUNDATION: Ct. Directs Discovery Plan Filing in Schackleford CHICO HEIGHTS: Orosco Sues Over Failure to Pay Overtime Wages CLEAN HARBORS: Bush Suit Seeks to Certify Class CONNECTWISE INC: Marshall Sues Over Breach of Private Information CONTINENTAL AG: Petroskas et al. Sue Over Price Fixing of Tires CPG CATERING: Mader Seeks Proper Overtime and Minimum Wages CVS PHARMACY: BPO Products' Benzene Level "Unsafe," Montenegro Says DADA NEXUS: Continues to Defend Wang Securities Class Suit in Cal. FEDERAL BUREAU: Hancock Class Cert. Bid Denied w/o Prejudice FIRST ENROLL: Has Made Unsolicited Calls, Rashley Suit Claims FLYING FOOD: Filing for Class Cert. Bid in Torres Due May 24 GEICO: MAO-MSO Can File Class Cert Bid Under Seal GENERAL MOTORS: Cho Sues Over Chevrolet Camaro's Safety Defect GENERAL MOTORS: Mason Sues Over Collection of Driver Behavior Data GREAT AMERICAN: Stipulation to Continue Class Cert Hearing OK'd GREENSKY INC: Court Vacates Case Management Conference in Belyea GREYLOCK MCKINNON: Lilly Sues Over Massive Private Data Breach HARD EIGHT: Miran Sues Over Mislabeled Dietary Supplements HEALTH CAREER: Wins Bid to File Amended Class Cert Response HOME DEPOT: Timmins Sues Over Deceptive Pricing Scheme HOME PARTNERS: Bid to Extend Deadlines to File Responses OK'd HOMETOWN EQUITY: Edry Seeks OK of Class Status Bid HOUSER LLP: Kausse Files Personal Injury Suit in C.D. California INOTIV INC: Class Cert Filing in Securities Suit Due Jan. 6, 2025 J & D RESTAURANTS: Faces Gutierrez Wage-and-Hour Suit in Washington KELAI CORP: Appeals Court Judgment in Feng FLSA Suit to 2nd Cir. KELLER WILLIAMS: Hill Files Suit in D. Kansas KELLER WILLIAMS: Moulder Files Suit in W.D. Texas LEXISNEXIS RISK: Scroggins Can Seal Unredacted Bid to Certify Class MDL 2873: Grotefend Sues Over Injury Sustained From AFFF Products MDL 2873: Hyravy Suit Claims PFAS Exposure From AFFF Products MDL 3104: Panel Denies Transfer of 50 Suits to Sex Trafficking Row MDL 3105: Panel Denies Centralization of Two Suits MDL 3106: Panel Denies Transfer of Four Suits to D. Col. METROHEALTH SYSTEM: Class Cert Bid Filing in Savel Due July 1 NATIONAL ASSOCIATION: Initial Nod of Class Settlement Sought NEW LIFE HEALTHY: Fails to Pay Proper Wages, Brito Alleges NEW YORK, NY: Plaintiffs Allowed to File Renewed Class Cert Bid NEW YORK, NY: Settlement in Clark Suit Gets Initial Nod NOR-CAL BEVERAGE: McMurray Files Labor Suit in Cal. State Court OCUGEN INC: Court Dismisses Stockholder Derivative Lawsuits ORCHARD HOSPITAL: Vasquez Sues Over Unpaid Wages for Hospital Staff PETTIT PLACE: Panzica Sues Over ADA Violations in E.D.N.Y. PHARMACARE US: Appeals Class Cert Ruling in Corbett Suit to 9th Cir PLAZA MOTORS: Sends Unsolicited Telemarketing Calls, Saar Alleges PSP FRANCHISING: Howard Sues Over PUMP Act Breaches RDO EQUIPMENT: Appeals Arbitration Bid Denial in Munoz Labor Suit REALPAGE INC: Goldman Antitrust Suit Consolidated to MDL No. 3071 REBEL DAWG: Rivera et al. Sue Over Labor Law Violations SONY INTERACTIVE: Furdock Sues Over Debt Collection Practices STRATEGIC DELIVERY: Class Cert Bid Filing in Asenseh Due August 22 SUBARU OF AMERICA: Amato Suit Seeks to Certify Class SUBARU OF AMERICA: Aquino Suit Seeks Class Certification TARGET CORP: Miller, Judt Sue Over Harmful Acne Treatment Products TOMINO LLC: Sierra Sues Over Nonpayment of Proper Wages TRICIDA INC: Pardi Seeks to Certify Rule 23 Class Action TWO JINN: Medina Plaintiffs Seek to Seal Class Cert Docs UNITED CONCORDIA: Seeks Leave to File Opposition to Class Cert Bid UNITED STATES: Volkova Seeks Leave to File Response to Gov't Filing VANGUARD CHESTER: Filing for Class Cert Bid Modified to May 31 VI-JON LLC: Loughlin Appeals Class Cert. Bid Denial to 1st Cir. VOLVO CARS: Settlement Statements in Jenner Due May 20 WALGREEN CO: Bargetto Class Action Seeks to Seal Docs WALMART INC: Class Cert. Bid Filing Due March 29, 2025 WASTE MANAGEMENT: Plaintiff Must File Class Cert Bid by June 14 YWCA OF GREATER HARRISBURG: Tidwell Suit Gets Conditional Status ZARBEE'S INC: Class Cert Bid Filing in Lopez Modified to August 2 ********* ABBOTT LABORATORIES: Filing for Class Cert Bid Extended to Oct. 28 ------------------------------------------------------------------ In the class action lawsuit captioned as CONDALISA LEGRAND on behalf of herself, those similarly situated and the general public, v. ABBOTT LABORATORIES, Case No. 3:22-cv-05815-TSH (N.D. Cal.), the Parties ask the Court to enter an order extending their deadlines relating to Plaintiff's motion for class certification and further case management conference. Deadline Old Date New Date Deadline to Move for Class May 9, 2024 Oct. 28, 2024 Certification Deadline to File Opposition to Aug. 8, 2024 Jan. 27, 2025 Class Certification Motion Deadline to File Reply in Sept. 19, 2024 Mar. 24, 2025 Support of Class Certification Motion Hearing on Class Certification Oct. 17, 2024 Apr. 24, 2025 Motion Abbott is an American multinational medical devices and health care company. A copy of the Parties' motion dated April 29, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=KXN32u at no extra charge.[CC] The Plaintiff is represented by: Jack Fitzgerald, Esq. Melanie R. Monroe, Esq. Trevor Flynn, Esq. Caroline Emhardt, Esq. FITZGERALD MONROE FLYNN PC 2341 Jefferson Street, Suite 200 San Diego, CA 92110 Telephone: (619) 215-1471 Facsimile: (619) 331-2943 E-mail: jfitzgerald@fmfpc.com mmonroe@fmfpc.com tflynn@fmfpc.com cemhardt@fmfpc.com The Defendant is represented by: Mark McKane, Esq. Tracie L. Bryant, Esq. Tia T. Trout-Perez, Esq. Gregg F. LoCascio, Esq. Michael A. Glick, Esq. Terence J. McCarrick, Esq. KIRKLAND & ELLIS LLP 555 California Street, 27th Floor San Francisco, CA 94104 Telephone: (415) 439-1400 Facsimile: (415) 439-1500 E-mail: mark.mckane@kirkland.com tracie.bryant@kirkland.com ttrout-perez@kirkland.com glocascio@kirkland.com michael.glick@kirkland.com tj.mccarrick@kirkland.com ACELLA PHARMA: Plaintiffs Seek Final Approval of Settlement Deal ---------------------------------------------------------------- In the class action lawsuit captioned as SUE FAULKNER and NICOLA TIBBETTS, on behalf of themselves and all others similarly situated, v. ACELLA PHARMACEUTICALS, LLC, Case No. 2:22-cv-00092-RWS (N.D. Ga.), the Plaintiffs ask the Court to enter an order granting final approval of the Settlement Agreement and Settlement Class. On Feb. 7, 2024, the Court granted preliminary approval of the class Settlement Agreement, and the Court certified a Settlement Class with respect to Plaintiffs' class-wide economic loss claims related to the purchase of NP Thyroid. The Court granted preliminarily approval of the Settlement Agreement and certified the following Settlement Class: "All natural persons in the United States for whom a prescription for NP Thyroid (TM) was dispensed between May 12, 2018, and April 30, 2021, whether or not Acella recalled the NP Thyroid." Through the Settlement Agreement, Acella has agreed to reimburse each member of the Settlement Class's out-of-pocket prescription costs, up to the lesser of $50 dollars or a 90-day supply. Acella has also agreed to pay $10 to members of the Settlement Class who had no out-of-pocket payments for NP Thyroid or if their out-of-pocket payments fall below that amount. Settlement Class members are not eligible if (1) they have previously received a refund for any purchase associated with the May 2020, September 2020 or April 2021 recalls or (2) request a refund for any purchase within the class period through a different program. Based on Plaintiffs' best, good-faith projections of available data, the Plaintiffs believe that the Settlement Class contains approximately 1,200,000 members. After analyzing data regarding out-of-pocket payments for a 90-day supply during the Settlement Class period and applying the $10 minimum and $50 dollar cap, Plaintiffs estimate that the Settlement Agreement makes approximately $41,473,889 in value available to the Settlement Class. In addition to this compensation to the Settlement Class, Acella has agreed to pay for all costs related to administration of the Class Settlement. Acella has also agreed to pay attorneys' fees and costs for the Settlement Class “up to a total of Five Million Dollars ($5,000,000)." In exchange for these payments, Acella will receive a release of the Settlement Class's economic loss claims. Acella Pharmaceuticals LLC provides health care solutions. A copy of the Plaintiffs' motion dated April 30, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=zubG4w at no extra charge.[CC] The Plaintiffs are represented by: Aaron K. Block, Esq. Max Marks, Esq. THE BLOCK FIRM LLC 309 East Paces Ferry Road, Suite 400 Telephone: (404) 997-8419 E-mail: aaron@blockfirmllc.com max.marks@blockfirmllc.com AMAZON.COM INC: Class Cert Bid Filing Continued to Dec. 30, 2025 ---------------------------------------------------------------- In the class action lawsuit captioned as MICHELLE MARTINHO, as an individual and on behalf of all others similarly situated, v. AMAZON.COM, INC., a Delaware corporation; and AMAZON.COM SERVICES LLC, a Delaware limited liability corporation, Case No. 4:22-cv-06849-YGR (N.D. Cal.), the Hon. Judge Yvonne Gonzalez Rogers entered an order granting the Joint Stipulation as follows: 1. The last day to complete private mediation shall be continued from July 12, 2024 to Oct. 25, 2024. 2. The last day to file the Plaintiff's motion for class certification shall be continued from June 27, 2024 to Dec. 30, 2025. 3. The last day to file Amazon's opposition to any motion for class certification shall be continued from Aug. 8, 2024 to Feb. 10, 2025. 4. The class certification hearing shall be continued from Sept. 24, 2024 at 2:00 p.m. to March 25, 2025 at 2:00 p.m. Amazon.com is engaged in e-commerce, cloud computing, online advertising, digital streaming, and artificial intelligence. A copy of the Court's order dated April 30, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=4IPgWx at no extra charge.[CC] AMERICAN ECONOMY: Court Junks Bid to Consolidate Cases in Glasner ----------------------------------------------------------------- In the class action lawsuit captioned as Glasner v. American Economy Insurance Company, et al., Case No. 1:21-cv-11047 (D. Mass., Filed June 24, 2021), the Hon. Judge Denise J. Casper entered an order denying motion to consolidate cases. The Court, however, will soon set a scheduling conference in this matter. The nature of suit states Diversity-Contract Dispute. American Economy offers auto, home, renters, condo, boat, car, motorcycle, recreational vehicle, and landlord protection insurance services.[CC] AMERICAN HONDA: Court Allows Sealing of Class Cert Exhibits ----------------------------------------------------------- In the class action lawsuit captioned as KATHLEEN CADENA, et al., v. AMERICAN HONDA MOTOR COMPANY, INC., et al., Case No. 2:18-cv-04007-MWF-MAA (C.D. Cal.), the Hon. Judge Michael Fitzgerald entered an order granting stipulation to dispense with need for the Defendant to file L.R. 79- 5.2.2(b)(i) declaration to seal: (1) Plaintiffs' class certification reply exhibits 130 and 131, (2) portions of exhibit 136, (3) portions of the plaintiffs' opposition to motion to exclude hoover, and (4) portions of plaintiffs' reply memorandum in support of motion for class certification and permitting sealing consistent with order re: sealing of plaintiffs' motion for class certification and supporting exhibits. American Honda develops and manufactures automobiles. A copy of the Court's order dated April 29, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=wnE97o at no extra charge.[CC] APPALACHIAN FIELD: Lagard Sues over Labor Law Breaches ------------------------------------------------------ WILLIAM LAGARD, individually and for others similarly situated v. APPALACHIAN FIELD SERVICE, LLC, Case No. 2:24-cv-00560 (W.D. Pa., April 12, 2024) seeks to recover unpaid overtime wages and other damages from Defendant in connection with the its violations of the Fair Labor Standards Act and the Pennsylvania Minimum Wage Act. From approximately May 2022 until July 2023, Appalachian Field Service (AFS) employed LaGard as a right-of-way agent in Pennsylvania. LaGard and the other day rate workers regularly work more than 40 hours a week. However, AFS does not pay LaGard and its other day rate workers overtime. Instead, AFS subjected them to its illegal day rate pay scheme, says the suit. Headquartered in Columbus, OH, AFS provides right-of-way services throughout the Midwest, Mid-Atlantic, and Southeast regions of the United States and in Texas. [BN] The Plaintiff is represented by: Michael A. Josephson Andrew W. Dunlap 11 Greenway Plaza, Suite 3050 Houston, TX 77046 Telephone: (713) 352-1100 Facsimile: (713) 352-3300 E-mail: mjosephson@mybackwages.com adunlap@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 - and - Joshua P. Geist, Esq. William F. Goodrich, Esq. GOODRICH & GEIST, PC 3634 California Avenue Pittsburgh, PA 15212 Telephone: (412) 766-1455 Facsimile: (412) 766-0300 E-mail: josh@goodrichandgeist.com bill@goodrichandgeist.com APPLE INC: Faces Herrerias Suit Over Smartphone Market Monopoly --------------------------------------------------------------- ANALI HERRERIAS; MARIAH NAYERI, individually and on behalf of all others similarly situated, Plaintiffs v. APPLE INC., Defendant, Case No. 5:24-cv-02199 (N.D. Cal., April 12, 2024) arises from Defendant's conduct of illegally monopolizing the smartphone market in violation of the Sherman Antitrust Act and the Clayton Act. The Plaintiffs claim that Apple deters competition by designing iPhones to block cross-platform technologies between iPhones and Android smartphones to solidify, establish, and increase Apple's smartphone monopoly. As a result of Apple's anticompetitive conduct, iPhone's prices are unlawfully inflated. Accordingly, Plaintiffs bring this action under Sections 4, 12, and 16 of the Clayton Act for treble damages, injunctive relief, other relief, and reasonable attorneys' fees and costs for the injuries sustained by Plaintiffs arising from violations by Defendant of the federal antitrust laws, including Section 2 of the Sherman Antitrust Act Headquartered in Cupertino, CA, Apple Inc. is a technology company that designs, develops, and sells consumer electronics, computer software, and online services. [BN] The Plaintiff is represented by: David S. Casey, Jr., Esq. Gayle M. Blatt, Esq. Jeremy Robinson, Esq. P. Camille Guerra, Esq. Howard D. Bruno, Esq. CASEY GERRY SCHENK FRANCAVILLA BLATT & PENFIELD, LLP 110 Laurel Street San Diego, CA 92101 Telephone: (619) 238-1811 E-mail: dcasey@cglaw.com jrobinson@cglaw.com camille@cglaw.com camille@cglaw.com APPLE INC: Kane Sues Over Smartphone Market Monopolization ---------------------------------------------------------- LISA JOHNSTON KANE, on behalf of herself and all others similarly situated, Plaintiff v. APPLE INC., Defendant, Case No. 5:24-cv-02193 (N.D. Cal., April 12, 2024) accuses the Defendant of violating the federal antitrust laws, including Section 2 of the Sherman Antitrust Act, and California's unfair competition law. Plaintiff Kane alleges that Apple has deterred, and continues to deter, competition by designing iPhones to block cross-platform technologies between iPhones and Android smartphones in order to solidify, establish, and/or increase Apple's smartphone monopoly. Additionally, because of these cross-platform barriers, Apple is able to dominate the smartwatch market and charge supra-competitive prices for Apple Watch, the Apple smartwatch product that is compatible with the iPhone. Accordingly, Plaintiff and the putative Classes have overpaid or otherwise suffered economic losses due to Apple's monopolization of these markets and therefore sue for damages, injunctive relief, and other relief, says the suit. Headquartered in Cupertino, CA, Apple Inc. is a technology company that designs, develops, and sells consumer electronics, computer software, and online services. [BN] The Plaintiff is represented by: Francis A. Bottini, Jr., Esq. Albert Y. Chang, Esq. Aaron P. Arnzen, Esq. BOTTINI & BOTTINI, INC. 7817 Ivanhoe Avenue, Suite 102 La Jolla, CA 92037 Telephone: (858) 914-2001 Facsimile: (858) 914-2002 E-mail: fbottini@bottinilaw.com achang@bottinilaw.com aarnzen@bottinilaw.com APPLE INC: Schwartz and Lionetta Sue Over Antitrust Law Breaches ---------------------------------------------------------------- ZACHARY SCHWARTZ and BERNADETTE LIONETTA, individually and on behalf of all others similarly situated, Plaintiffs v. APPLE INC., Defendant, Case No. 5:24-cv-02213 (N.D. Cal., April 13, 2024) accuses the Defendant of violating the Sherman Act and the California Unfair Competition Law in connection with its monopolization and exclusionary conduct in the smartphone market. The Plaintiffs allege that Apple reduces competition in the said market by delaying, degrading, or outright blocking technologies that would increase competition and by decreasing barriers to switching to another smartphone, among other things. In addition, Plaintiffs claims that Apple suppresses technologies that would provide a high-quality user experience on any smartphone through a web of contractual restrictions that it selectively enforces through its control of app distribution and its "app review" process, as well as by denying access to key points of connection between apps and the iPhone’s operating system (called Application Programming Interfaces). Headquartered in Cupertino, CA, Apple Inc. is technology company that designs, manufactures and sells several consumer electronics, including iPhones. It also designs, develops and sells software and services, and related accessories. [BN] The Plaintiffs are represented by: Robert Ahdoot, Esq. Tina Wolfson, Esq. Theodore W. Maya, Esq. Christopher E. Stiner, Esq. AHDOOT & WOLFSON, PC 2600 W. Olive Avenue, Suite 500 Burbank, CA 91505 Telephone: (310) 474-9111 Facsimile: (310) 474-8585 E-mail: rahdoot@ahdootwolfson.com twolfson@ahdootwolfson.com tmaya@ahdootwolfson.com cstiner@ahdootwolfson.com AWASHINGTON LLC: Omits Wage Scale in Job Postings, Herold Claims ---------------------------------------------------------------- VANESSA HEROLD, individually and on behalf of all others similarly situated, Plaintiff v. AWASHINGTON, LLC, a Washington limited liability company doing business as DENNY'S and DENNY'S RESTAURANT; and DOES 1-20, Defendants, Case No. 24-2-05194-5 SEA (Wash. Super., King Cty., March 7, 2024) is a class action against the Defendants for failing to disclose the wage scale or salary range being offered in its job postings in violation of the Washington Equal Pay and Opportunities Act, RCW 49.58.110. Ms. Herold resides in King County, Washington and applied to work for the Defendants at their Denny's restaurant located in Union Gap, Washington. Awashington, LLC, doing business as Denny's Restaurant, is a restaurant owner and operator in King County, Washington. [BN] The Plaintiff is represented by: Timothy W. Emery, Esq. Patrick B. Reddy, Esq. Paul Cipriani, Esq. EMERY REDDY, PLLC 600 Stewart Street, Suite 1100 Seattle, WA 98101 Telephone: (206) 442-9106 Facsimile: (206) 441-9711 Email: emeryt@emeryreddy.com reddyp@emeryreddy.com paul@emeryreddy.com BIO-MEDICAL: Filing of Class Cert Bid Due Nov. 25 ------------------------------------------------- In the class action lawsuit captioned as Azurin v. Bio-Medical Applications of California, Inc. et al., Case No. 1:23-cv-11585 (D. Mass., Filed July 14, 2023), the Hon. Judge Angel Kelley entered an order adopting the parties' proposed scheduling order and setting the following deadlines: -- Initial Rule 26 Disclosures: May 2, 2024 -- Amendment to the pleadings without June 3, 2024 leave: -- Close Class Certification Discovery: Oct. 25, 2024 -- Plaintiff's Deadline to File Motion Nov. 25, 2024 for Class Certification: -- Disclosure of Plaintiff's Initial Expert Report(s): -- Status Conference set for: Oct. 17, 2024 The nature of suit states Labor Litigation. Bio-Medical provides kidney or renal dialysis services.[CC] BP ENERGY: Class Cert Response Extension in Mehl Denied as Moot --------------------------------------------------------------- In the class action lawsuit captioned as Mehl et al v. BP Energy Company et al., Case No. 6:23-cv-01192 (D. Kan., Filed: Sept. 12, 2023), the Hon. Judge Daniel D. Crabtree entered an order denying as moot motion for extension of time to respond to motion for class certification. The nature of suit states Diversity-Contract Dispute. BP Energy explores and produces petroleum products.[CC] BP ENERGY: Response Extension in Stoneberger Suit Denied as Moot ---------------------------------------------------------------- In the class action lawsuit captioned as Stoneberger, et al., v. BP Energy Company, et al., Case No. 6:23-cv-01195 (D. Kan., Filed Sept. 12, 2023), the Hon. Judge Daniel D. Crabtree entered an order denying as moot motion for extension of time to Respond to Motion for Class Certification. The nature of suit states Diversity-Contract Dispute. BP Energy explores and produces petroleum products.[CC] CAREFIRST INC: Attias Appeals Class Certification Ruling -------------------------------------------------------- CHANTAL ATTIAS, et al. are taking an appeal from a court order granting in part and denying as moot in part their renewed motion for class certification in the lawsuit entitled Chantal Attias, et al., individually and on behalf of and all others similarly situated, Plaintiffs, v. CareFirst, Inc., et al., Defendants, Case No. 1:15-cv-00882-CRC, in the U.S. District Court for the District of Columbia. As previously reported in the Class Action Reporter, the lawsuit is brought against the Defendants for failure to properly secure and protect users' sensitive, personally-identifiable information and personal health information from data breach. On Aug. 23, 2022, the Plaintiffs filed a motion for class certification, which the Court denied through an Order entered by Judge Christopher R. Cooper on Mar. 28, 2023. On May 12, 2023, the Plaintiffs filed a renewed motion for class certification, which the Court granted in part and denied as moot in part on Mar. 29, 2024. After careful consideration and a hearing on the matter, the Court found that certification of the proposed contract class is warranted. The standing issue that prevented the Court from certifying the last go around has since dissolved because, as all sides agree, each member of the proposed class has allegedly suffered a concrete injury based on CareFirst's supposed breach of its contractual obligation to safeguard its customers' data -- regardless of whether they sustained an additional, tangible injury due to the data breach. The Court found that all putative class members have standing to pursue their breach of contract claim -- thereby settling the one issue that prevented the Court from certifying the proposed class in the previous outing. The appellate case is captioned In re: Chantal Attias, et al., Case No. 24-8001, in the United States Court of Appeals for the District of Columbia Circuit, filed on April 15, 2024. [BN] Plaintiffs-Petitioners CHANTAL ATTIAS, et al., individually and on behalf of all others similarly situated, are represented by: Christopher T. Nace, Esq. PAULSON & NACE PLLC 1025 Thomas Jefferson Street, NW Third Floor Washington, DC 20007 Telephone: (202) 463-1999 - and - Jonathan Barry Nace, Esq. NIDEL & NACE, PLLC 1 Church Street, Suite 802 Rockville, MD 20007 Telephone: (202) 780-5153 - and - Matthew Gatewood, Esq. GATEWOOD PLLC 1455 Pennsylvania Avenue, NW, Suite 400 Washington, DC 20004 Telephone: (304) 545-3005 - and - Robert D. Owen, Esq. EVERSHEDS SUTHERLAND (US) LLP 1114 Avenue of the Americas Grace Building, 40th Floor New York, NY 10036 Telephone: (212) 389-5000 CARGILL MEAT: Class Cert Bid Filing in Marin Modified to Nov. 18 ---------------------------------------------------------------- In the class action lawsuit captioned as RICHARD MARIN, SAMANTHA LOPEZ, individually and on behalf of all others similarly situated, v. CARGILL MEAT SOLUTIONS CORPORATION, a Delaware Corporation; and DOES 1-50, Inclusive, Case No. 1:22-cv-00578-KES-SKO (E.D. Cal.), the Hon. Judge Sheila Oberto entered an order modifying the case schedule in this matter: -- Class Certification Discovery Cut-Off: Oct. 15, 2024 -- Plaintiffs' deadline to file Motion Nov. 18, 2024 for Class Certification: -- Defendant's deadline to file its Dec. 23, 2024 Opposition: -- Plaintiff's deadline to file their Jan. 21, 2025 Reply: -- Hearing on Plaintiffs' Motion for March 5, 2025 Class Certification: Cargill operates as a processor and distributor of fresh beef, pork, turkey, and cooked and marinated meats. A copy of the Court's order dated April 26, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=Hjb67S at no extra charge.[CC] The Plaintiffs are represented by: James R. Hawkins, Esq. Gregory Mauro, Esq. Michael Calvo, Esq. JAMES HAWKINS APLC 9880 Research Drive, Suite 200 Irvine, CA 92618 Telephone: (949) 387-7200 Facsimile: (949) 387-6676 E-mail: James@jameshawkinsaplc.com Greg@jameshawkinsaplc.com Michael@jameshawkinsaplc.com The Defendants are represented by: Richard H. Rahm, Esq. Timothy L. Reed, Esq. Ethan Lai, Esq. OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. One Embarcadero Center, Suite 900 San Francisco, CA 94111 Telephone: (415) 442-4810 E-mail: richard.rahm@ogletree.com timothy.reed@ogletree.com ethan.lai@ogletree.com CARLE FOUNDATION: Ct. Directs Discovery Plan Filing in Schackleford ------------------------------------------------------------------- In the class action lawsuit captioned as Shackleford v. The Carle Foundation, Case No. 1:24-cv-01095-JBM-JEH (C.D. Ill.), he Hon. Judge Jonathan E. Hawley entered a standing order as follows: -- Rule 16 scheduling conference The Court will set a Rule 16 scheduling conference approximately 30 days after the answer or other responsive pleading is filed. The conference will generally be conducted by telephone. -- Discovery plan The discovery plan shall be filed with the Court at least three calendar days before the Rule 16 scheduling conference. -- Waiver of the Rule 16 scheduling conference If the parties agree on all matters contained in the discovery plan, then the parties may waive the Rule 16 scheduling conference. To do so, the parties shall indicate in the discovery that the parties agree upon all maters contained within the discovery plan, and they request that the Rule 16 scheduling conference be cancelled. -- Failure of counsel to attend a scheduled telephone hearing For the convenience of counsel, the Court conducts most hearings by telephone when possible. Counsel's failure to appear for a telephone hearing will be treated as a failure of counsel to appear for an in-person hearing. -- Discovery disputes brought to the Court's attention after the discovery deadline has already passed The parties may not raise a discovery dispute with the Court after the relevant discovery deadline has passed; all discovery disputes must be brought to the Court's attention before the relevant discovery deadline passes. Any discovery disputes raised with the Court after the expiration of the relevant discovery deadline shall be deemed waived by the Court, even if the parties agreed to conduct discovery after the relevant discovery deadline has passed. If the parties agree to conduct discovery after the expiration of a deadline set by the Court, they must still file a motion requesting that the Court move that deadline as agreed by the parties in order to avoid any subsequent discovery disputes being deemed waived. -- Settlement conferences and mediation The parties are encouraged to seek a settlement conference or mediation with a magistrate judge. Where parties request a settlement conference or mediation in a case referred to Judge Hawley, Judge Hawley will conduct said conference or mediation. Carle operates as a not-for-profit corporation for charitable, scientific and educational purposes. A copy of the Court's order dated April 29, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=4lbbe2 at no extra charge.[CC] CHICO HEIGHTS: Orosco Sues Over Failure to Pay Overtime Wages ------------------------------------------------------------- Katrina Lynn Orosco, on behalf of herself and all others similarly situated, and the general public v. CHICO HEIGHTS REHABILITATION & WELLNESS CENTRE, LP, a California corporation; WINDSOR CHICO CREEK CARE AND REHABILITATION, LLC, a Delaware corporation; and DOES 1 through 50, inclusive, Case No. 24CV00870 (Cal. Super. Ct., Butte Cty., March 19, 2024), is brought as result of the Defendants' failure to provide meal periods; failure to provide rest periods; failure to pay hourly wages and overtime; failure to provide accurate written wage statements; failure to timely pay all final wages; failure to indemnify; failure to pay wages due, negotiable and payable in cash on demand; and unfair competition. The Defendants had a common policy and practice of systemically failing to pay Plaintiff and Class Members proper wages and overtime for all hours worked, at the proper rates of pay. The Plaintiff and Class Members were consistently required to perform work, off-the clock, for which they were not paid wages. Specifically, Plaintiff and Class Members were systemically required to go through COVID screenings, including nasal swab tests and temperature check, off-the clock before clocking in for work. This uncompensated time caused Plaintiff and Class Members to work in excess of 8, 10 and/or 12 hours a day and/or 40 hours a week, entitling Plaintiff and Class Members to minimum and overtime wages, which they were systemically denied. The Defendants also failed to Plaintiff and Class Members overtime wages at the proper and applicable regular rates of pay, says the complaint. The Plaintiff worked for Defendants as a non-exempt employee during the relevant and statutory periods. CHICO HEIGHTS REHABILITATION & WELLNESS CENTRE, LP was a California corporation doing business in the State of California.[BN] The Plaintiff is represented by: Emil Davtyan, Esq. David Yeremian, Esq. David Keledjian, Esq. David Arakelyan, Esq. D.LAW, INC. 880 E. Broadway Glendale, CA 91205 Phone: (818) 962-6465 Facsimile: (818) 962-6469 Email: emil@d.law d.yeremian@d.law d.keledjian@d.law d.arakelyan@d.law CLEAN HARBORS: Bush Suit Seeks to Certify Class ----------------------------------------------- In the class action lawsuit captioned as RICKY BUSH, GLENDORA COLSON, GWENDOLYN HAMILTON, GLENN LEMOINE, ROOSEVELT BOYD, JR., JAMES SIMMONS, and DAVID MORRIS, Individually and on behalf of a class of similarly situated persons, v. CLEAN HARBORS COLFAX, LLC, Case No. 1:22-cv-02026-DDD-JPM (W.D. La.), the Plaintiffs ask the Court to enter an order certifying the Class. Clean Harbors operates an open burning facility for hazardous waste. A copy of the Plaintiffs' motion dated April 26, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=HrWIFf at no extra charge.[CC] The Plaintiffs are represented by: Scott R. Bickford, Esq. Lawrence J. Centola, III, Esq. Spencer R. Doody, Esq. Jason Z. Landry, Esq. MARTZELL, BICKFORD, & CENTOLA 338 Lafayette Street New Orleans, LA 70130 Telephone: (504) 581-9065 Facsimile: (504) 581-7635 E-mail: srb@mbfirm.com lcentola@mbfirm.com srd@mbfirm.com jzl@mbfirm.com - and - Thomas B. Wahlder, Esq. Stephen J. Hecker, Esq. 1740 Jackson Street Alexandria, LA 71306 Telephone: (318) 442-9417 E-mail: twahlder@aol.com sjheckerlaw@gmail.com CONNECTWISE INC: Marshall Sues Over Breach of Private Information ----------------------------------------------------------------- Mark Marshall, on behalf of himself and all others similarly situated, Plaintiff v. ConnectWise, Inc. and On Q Financial, LLC, Defendants, Case No. 8:24-cv-00901-MSS-NHA (M.D. Fla., April12, 2024) arises from the unauthorized breach of On Q Financial's computer networks announced on February 20, 2023, wherein the personal identifiable information of On Q Financial customers, was exposed due to a vulnerability in ConnectWise's software ScreenConnect, which allowed hackers and other bad actors to obtain individuals' PII for unsavory and illegal purposes. The Defendants failed to adopt reasonable measures to prevent the unauthorized access to Plaintiff's and Class members' PII and allowed for the release of said information to unauthorized bad actors. Accordingly, Plaintiff Marshall asserts claims for negligence, negligence per se, breach of implied contract, unjust enrichment, breach of fiduciary duty, and for violations of Section 5 of the Federal Trade Commission's Act. Headquartered in Tampa, FL, ConnectWise provides software and services to businesses. [BN] The Plaintiff is represented by: Mariya Weekes, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 201 Sevilla Avenue, 2nd Floor Coral Gables, FL 33134 Telephone: (786) 879-8200 E-mail: mweekes@milberg.com - and - Christopher Renz, Esq. CHESTNUT CAMBRONNE PA 100 Washington Ave. S, Suite 1700 Minneapolis, MN 55401 Telephone: (612) 339-7300 E-mail: crenz@chestnutcambronne.com CONTINENTAL AG: Petroskas et al. Sue Over Price Fixing of Tires --------------------------------------------------------------- CHRIS PETROSKAS, KIMBERLY BRUNS, BRENDA GRIFFITHS, PAULA BONDY, HARLEY CARROLL, and OLIVER TSUYA, Individually and On Behalf of All Others Similarly Situated, Plaintiffs, v. CONTINENTAL AKTIENGESELLSCHAFT; CONTINENTAL TIRE THE AMERICAS, LLC; COMPAGNIE GENERALE DES ETABLISSEMENTS; MICHELIN NORTH AMERICA, INC.; NOKIAN TYRES PLC; NOKIAN TYRES INC; NOKIAN TYRES U.S. OPERATIONS LLC; THE GOODYEAR TIRE & RUBBER COMPANY; PIRELLI & C. S.P.A.; PIRELLI TIRE LLC; BRIDGESTONE CORPORATION; BRIDGESTONE AMERICAS, INC.; AND DOES 1-100, Defendants, Case No. 1:24-cv-00667 (N.D. Ohio, April 12, 2024) alleges violations of Section 1 of the Sherman Act and various state antitrust and consumer protection laws. The class action arises from an unlawful agreement between Defendant -- some of the largest tire manufacturers in the United States and the world -- to artificially increase and fix the prices of new replacement tires for passenger cars, vans, trucks and buses sold in the United States. Allegedly, Defendants coordinated price increases, including through public communications, says the suit. Headquartered in Germany, Continental AG manufactures and distributes several automotive parts, including tires for original equipment and replacement markets. [BN] The Plaintiffs are represented by: Michelle L. Kranz, Esq. ZOLL & KRANZ, LLC 6620 W. Central Ave., Suite 100 Toledo, OH 43617 Telephone: (419) 841-9623 Facsimile: (419) 841-9719 E-mail: michelle@toledolaw.com - and - Thomas H. Burt, Esq. Lillian R. Grinnell, Esq. WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP 270 Madison Avenue New York, NY 10016 Telephone: (212) 545-4600 Facsimile: (212) 686-0114 E-mail: burt@whafh.com grinnell@whafh.com - and - Carl V. Malmstrom, Esq. WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLC 111 W. Jackson Blvd., Suite 1700 Chicago, IL 60604 Telephone: (312) 984-0000 Facsimile: (212) 686-0114 E-mail: malmstrom@whafh.com - and - Don Bivens, Esq. DON BIVENS, PLLC 15169 N. Scottsdale Road, Suite 205 Scottsdale, AZ 85254 Telephone: (602) 708-1450 E-mail: don@donbivens.com CPG CATERING: Mader Seeks Proper Overtime and Minimum Wages ----------------------------------------------------------- JACQUES MADER, individually and on behalf of all others similarly situated pursuant to 29 U.S.C. Section 216 (b), Plaintiff v. CPG CATERING, LLC d/b/a Gallagher's Grill and d/b/a Pat Gallagher's 527 Restaurant & Bar, Defendant, Case No. 2:24-cv-00925 (E.D. La., April 12, 2024) arises out of the Defendant's violations of the Fair Labor Standards Act. The Plaintiff was employed by Defendant as a server and a bartender from April 2022 until approximately July of 2023. Plaintiff was employed by Defendant to work as a server and bartender at its restaurant in Covington, LA and Mandeville, LA. The Defendant, however, paid Plaintiff and its other servers and bartenders at the tip credit rate--less than FLSA minimum wage--while requiring them to perform nontipped tasks. Moreover, Defendant violated the FLSA by not even paying the minimum "tipped" hourly rate. In addition, Defendant required its tipped employees to pay for tools, uniform items, such as shirts, pants, and shoes, and other non-203(m) items, says the suit. CPG Catering owns and operates dining establishments known as the Pat Gallagher's Restaurant Group: Gallagher's Grill, Pat Gallagher's 527 Restaurant & Bar, Gallagher's on Front Street and Pat's Rest Awhile. [BN] The Plaintiff is represented by: Matthew S. Parmet, Esq. PARMET PC 2 Greenway Plaza, Ste. 250 Houston, TX 77046 Telephone 713 999 5228 E-mail: matt@parmet.law - and - Drew N. Herrmann, Esq. HERRMANN LAW, PLLC 801 Cherry St., Suite 2365 Fort Worth, TX 76102 Telephone: 817-479-9229 Facsimile: 817-840-5102 E-mail: drew@herrmannlaw.com - and - Douglas B. Welmaker, Esq. WELMAKER LAW, PLLC 409 N. Fredonia, Suite 118 Longview, TX 75601 Telephone: (512) 799-2048 E-mail: doug@welmakerlaw.com CVS PHARMACY: BPO Products' Benzene Level "Unsafe," Montenegro Says ------------------------------------------------------------------- ALAN MONTENEGRO, individually and on behalf of all others similarly situated, Plaintiff v. CVS PHARMACY, INC., CVS HEALTH CORPORATION, and DOES 1 to 50, inclusive, Defendants, Case No. 2:24-cv-01876-ODW-SK (C.D. Cal., March 7, 2024) is a class action against the Defendants for violations of the California's Unfair Competition Law and the California's Consumer Legal Remedies Act and for false advertising, deceptive trace practices, breach of express warranty, breach of implied warranty, and unjust enrichment. The case arises from the Defendants' false, deceptive, and misleading advertising, labeling, and marketing of benzoyl peroxide acne treatment drug (BPO) products. According to the complaint, the Defendants sell BPO products without warning consumers these products contain unsafe levels of the potent human carcinogen benzene, and that they were at risk of degrading further into benzene under normal use, handling, and storage conditions. As a result of the consumer deception, the Plaintiff, the Class, Subclasses, and the public were economically harmed, as they purchased a product that they otherwise would have never purchased. They were also physically harmed by being exposed to a known human carcinogen, says the suit. CVS Pharmacy, Inc. is a subsidiary of CVS Health Corporation with its principal place of business at 1 CVS Drive, Woonsocket, Rhode Island. CVS Health Corporation is an American healthcare company with its principal place of business at 1 CVS Drive, Woonsocket, Rhode Island. [BN] The Plaintiff is represented by: R. Brent Wisner, Esq. Stephanie B. Sherman, Esq. WISNER BAUM, L.L.P 11111 Santa Monica Boulevard, Suite 1750 Los Angeles, CA 90025 Telephone: (310) 207-3233 Facsimile: (310) 820-7444 Email: rbwisner@wisnerbaum.com ssherman@wisnerbaum.com DADA NEXUS: Continues to Defend Wang Securities Class Suit in Cal. ------------------------------------------------------------------ Dada Nexus Limited disclosed in its Form 20-F Report for the fiscal period ending December 31, 2023 filed with the Securities and Exchange Commission on April 22, 2024, that the Company continues defend itself from the Wang securities class suit in the U.S. District Court for the Central District of California. On January 10, 2024, the Company, its former president, and former chief financial officer were named as defendants in a putative securities class action in the U.S. District Court for the Central District of California under the caption Yan Wang v. Dada Nexus Limited et al, No. 2:22-cv-00239. Plaintiff alleges that the defendants made misleading statements or omissions regarding its business operations and financials in violation of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, and Rule 10b-5 promulgated thereunder. Plaintiff purports to bring this class action on behalf of all persons or entities who purchased or otherwise acquired its ADSs between May 11, 2023 and January 8, 2024, both dates inclusive. On April 5, 2024, the Court appointed Lead Plaintiff, who is scheduled to file an amended complaint by June 4, 2024. The Company intends to vigorously defend itself against all of the claims. Headquartered in Shanghai, China, Dada is a platform for local on-demand retail and delivery in China. The company operates JD-Daojia, one of China's largest local on-demand retail platforms for retailers and brand owners, and Dada Now, a leading local on-demand delivery platform open to merchants and individual senders across various industries and product categories. Dada's securities trade on NASDAQ under the ticker symbol "DADA." [BN] FEDERAL BUREAU: Hancock Class Cert. Bid Denied w/o Prejudice ------------------------------------------------------------ In the class action lawsuit captioned as HANCOCK v. FEDERAL BUREAU OF PRISONS, et al., Case No. 1:24-cv-00182 (D.D.C., Filed Jan. 12, 2024), the Hon. Judge Randolph D. Moss entered an order denying without prejudice the Plaintiff's motion for class certification, due to Plaintiff's pro se status. Although the Plaintiff sought the appointment of counsel, the Court denied that motion as premature due to the early stage of the litigation. If, however, the Plaintiff renews his motion for appointment of counsel at a later date and the Court grants that motion, the Court will consider whether to permit the Plaintiff to renew his motion for class certification at that time. The nature of suit Prisoner Petitions -- Habeas Corpus -- Civil Rights. Federal Bureau of Prisons manages federal prisons, and community-based facilities that provide work and opportunities to assist offenders.[CC] FIRST ENROLL: Has Made Unsolicited Calls, Rashley Suit Claims ------------------------------------------------------------- KYLE BUTLER RASHLEY, individually and on behalf of all others similarly situated, Plaintiff v. FIRST ENROLL, LLC; and ACCESS ONE CONSUMER HEALTH, INC., Defendants, Case No. 9:24-cv-80478-XXXX (S.D. Fla., April 17, 2024) seeks to stop the Defendants' practice of making unsolicited calls. FIRST ENROLL, LLC is a one stop solution for billing and enrollment needs - from lead to payment and recurring payment to billing customer service. [BN] The Plaintiff is represented by: Charlotte F. Kelly, Esq. FERNEE KELLY LAW 14502 N. Dale Mabry Hwy #200 Tampa, FL 33618 Email: charlotte@ferneekellylaw.com - and - Yeremey Krivoshey, Esq. SMITH KRIVOSHEY, PC 166 Geary Str STE 1500-1507 San Francisco, CA 94108 Telephone: 415-839-7077 Facsimile: (888) 410-0415 Email: yeremey@skclassactions.com - and - Joel D. Smith, Esq. SMITH KRIVOSHEY, PC 867 Boylston Street 5 th Floor #1520 Boston, MA 02116 Telephone: 617-377-4704 Facsimile: (888) 410-0415 Email: joel@skclassactions.com FLYING FOOD: Filing for Class Cert. Bid in Torres Due May 24 ------------------------------------------------------------ In the class action lawsuit captioned as MARIA TORRES et al., v. FLYING FOOD GROUP LLC, Case No. 2:23-cv-09980-SB-MRW (C.D. Cal.), the Hon. Judge Stanley Blumenfeld, Jr. entered an order continuing class certification deadlines as follows: Event Current Date New Date Trial March 17, 2025 June 30, 2025 Pretrial Conference Feb. 28, 2025 June 13, 2025 Motion for Class Certification May 24, 2024 Sept. 6, 2024 Opposition to Motion for Class June 7, 2024 Sept. 20, 2024 Certification Reply Brief in Support of Class June 21, 2024 Oct. 4, 2024 Certification Motion for Class Certification July 12, 2024 Oct. 25, 2024 Hearing Settlement Conference Deadline Dec. 20, 2024 April 4, 2025 Flying Food provides authentic meals (fresh and shelf stable) as well as logistics and digital services to the travel and retail industries. A copy of the Court's order dated April 29, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=8He6AH at no extra charge.[CC] GEICO: MAO-MSO Can File Class Cert Bid Under Seal ------------------------------------------------- In the class action lawsuit captioned as MAO-MSO Recovery II, LLC, et al., v. Government Employees Insurance Company (GEICO), et al., Case No. 8:17-cv-00711-TDC (D. Md.), the Hon. Judge Theodore Chuang entered an order granting the motions to file under seal the Plaintiffs' motion for class certification and incorporated memorandum of law, and Defendants' opposition to the motion for class certification. The parties shall file redacted versions of their respective briefs within 14 days of the date of this order. Government Employees is an American auto insurance company headquartered in Chevy Chase, Maryland. A copy of the Court's order dated April 26, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=G4k4g1 at no extra charge.[CC] GENERAL MOTORS: Cho Sues Over Chevrolet Camaro's Safety Defect -------------------------------------------------------------- JUDY CHO, Individually and on Behalf of All Others Similarly Situated, Plaintiff, v. GENERAL MOTORS COMPANY, Defendant, Case No. 8:24-cv-00819 (C.D. Cal., April 12, 2024), arises from Defendant's failure to warn Plaintiff and other consumers of a material safety defect of its Chevrolet Camaros. Moreover, asserting claims for breach of implied warranty, fraudulent concealment, unjust enrichment, and for violations of the California Consumer Legal Remedies Act, California's Unfair Competition Law, and the Song-Beverly Consumer Warranty Act. The Plaintiff purchased a brand new 2023 Chevrolet Camaro (ending in VIN Number 1896) from Connell Chevrolet located at 2828 Harbor Blvd, Costa Mesa, CA on or around October 16, 2022. Unbeknownst to Plaintiff at the time of the purchase of her vehicle, she suffered an economic injury due to the Defect in the Chevrolet Camaro. The vehicle was equipped with hackable key fob system, compromising the security of the vehicle, poses safety risks and other inconveniences. As a result, on or around March 14, 2024, at approximately 1:00 AM, Plaintiff's Chevrolet Camaro was stolen from her home located in Irvine, CA, says the suit. Headquartered in Detroit, MI, General Motors owns and manufactures Chevrolet vehicles, including the Chevrolet Camaro. [BN] The Plaintiff is represented by: Abbas Kazerounian, Esq. Pamela Prescott, Esq. KAZEROUNI LAW GROUP, APC 245 Fischer Ave., Unit D1 Costa Mesa, CA 92626 Telephone: (800)400-6808 Facsimile: (800) 520-5523 E-mail: ak@kazlg.com pamela@kazlg.com GENERAL MOTORS: Mason Sues Over Collection of Driver Behavior Data ------------------------------------------------------------------ BRUCE MASON, individually and behalf of all others similarly situated, Plaintiff, v. GENERAL MOTORS, LLC; ONSTAR, LLC; LEXISNEXIS RISK SOLUTIONS, INC., Defendants, Case No. 1:24-cv-01558-TWT (N.D. Ga., April 12, 2024), arises from Defendants' covert collection of consumers' driver behavior data through computer software installed in automobile vehicles or via linked application, and the sharing, use, and sale of that data without consumers' notice, knowledge, or consent. The Plaintiff brings this action for economic damages and injunctive relief on behalf of all persons whose driver behavior data were captured, collected, stored, and/or transferred or sold without full notice or consent. The Plaintiff further alleges that Defendants' wrongful conduct constitutes a violation of the Fair Credit Reporting Act; a violation of state consumer protection laws including the South Carolina Unfair Trade Practices Act; tortious interference with drivers' relations with their automobile insurers; common law invasion of privacy; and unjust enrichment. Headquartered in Detroit, MI, General Motors Company manufactures four automobile brands: Chevrolet, GMC, Cadillac, and Buick. [BN] The Plaintiff is represented by: M. Brandon Smith, Esq. CHILDERS, SCHLUETER & SMITH LLC 1932 North Druid Hills Road, Suite 100 Atlanta, GA 30319 Telephone: (404) 419-9500 E-mail: bsmith@cssfirm.com - and - Bryan L. Clobes, Esq. Alexander J. Sweatman, Esq. Christopher P. Dolotosky, Esq. CAFFERTY CLOBES MERIWETHER & SPRENGEL LLP 135 South LaSalle Street, Suite 3210 Chicago, IL 60603 Telephone: (312) 782-4880 E-mail: bclobes@caffertyclobes.com asweatman@caffertyclobes.com cdolotosky@caffertyclobes.com - and - Bryan Aylstock, Esq. D. Nicole Guntner, Esq. Reagan Charleston Thomas, Esq. AYLSTOCK, WITKIN, KREIS & OVERHOLTZ PLLC 17 E. Main Street, Suite 200 Pensacola, FL 32502 Telephone: (850) 202-1010 E-mail: baylstock@awkolaw.com GREAT AMERICAN: Stipulation to Continue Class Cert Hearing OK'd --------------------------------------------------------------- In the class action lawsuit captioned as ELLEN LEE and CHUNG LEE; Individually, and on Behalf of the Class; and HAMID R. TAVAKOLIAN, Individually Only, v. GREAT AMERICAN LIFE INSURANCE COMPANY, an Ohio Corporation, Case No. 5:20-cv-01133-SPG-SHK (C.D. Cal.), the Hon. Judge Sherilyn Peace Garnett entered an order granting joint stipulation to continue hearing on plaintiffs' motion for class certification. Great American is engaged in property and casualty insurance. A copy of the Court's order dated April 29, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=WxHnxD at no extra charge.[CC] GREENSKY INC: Court Vacates Case Management Conference in Belyea ---------------------------------------------------------------- In the class action lawsuit captioned as Belyea v. GreenSky, Inc. et al., Case No. 3:20-cv-01693 (N.D. Cal., Filed March 9, 2020), the Hon. Judge Jacqueline Scott Corley entered an order vacating case management conference. The parties shall contact the Court's Courtroom Deputy Clerk to schedule a further case management conference if the need arises between now and the class certification hearing date. The nature of suit Torts -- Personal Property -- Other Fraud. GreenSky operates as a technology company in the payment, credit, and commerce space.[CC] GREYLOCK MCKINNON: Lilly Sues Over Massive Private Data Breach -------------------------------------------------------------- RICHARD LILLY, individually, and on behalf of all others similarly situated, Plaintiff v. GREYLOCK MCKINNON ASSOCIATES, INC., Defendant, Case No. 1:24-cv-10951-MPK (D. Mass., April 29, 2024) arises from the Defendant's failure to properly secure and safeguard Representative Plaintiff's and Class members' protected health information and personally identifiable information stored within Defendant's information network. Plaintiff Lilly seeks to hold Defendant responsible for the harms it caused and will continue to cause him and, at least, 341,650 other similarly situated persons in the massive and preventable cyberattack purportedly discovered by Defendant on May 30, 2023, by which cybercriminals infiltrated Defendant's inadequately protected network servers and accessed highly sensitive PHI/PII which was being kept unprotected. Headquartered in Boston, MA, Greylock McKinnon provides expert economic analysis and litigation support to a diverse group of domestic and international clients in the legal profession, the business community and government agencies. [BN] The Plaintiff is represented by: Robert T. Naumes Jr., Esq. JEFFREY GLASSMAN INJURY LAWYERS One International Place, 18th Floor Boston, MA 02186 Telephone: (617) 777-7777 Facsimile: (617) 722-9999 E-mail: bnaumes@jeffreysglassman.com - and - Scott Edward Cole, Esq. COLE & VAN NOTE 555 12th Street, Suite 2100 Oakland, CA 94607’’ Telephone: (510) 891-9800 Facsimile: (510) 891-7030 E-mail: sec@colevannote.com HARD EIGHT: Miran Sues Over Mislabeled Dietary Supplements ---------------------------------------------------------- SEAN MIRAN, individually and on behalf of all others similarly situated, Plaintiff v. HARD EIGHT NUTRITION LLC d/b/a BulkSupplements.com, Defendant, Case No. 5:24-cv-00807 (C.D. Cal., April 17, 2024) alleges that the Defendant advertises and mislabels its "Magnesium Glycinate Powder" dietary supplement powder (the "Magnesium Supplements" or the "Supplements") throughout the United States that purport to contain 400 mg of Magnesium "as Magnesium Glycinate" per one serving comprised of 2,200 milligrams of powder. The Plaintiff alleges in the complaint that in misstating the actual magnesium content of the Supplements, the Defendant violates federal and state law and regulations designed to prevent deceptive supplement labeling and breaches the express warranty created by its labeling. Defendant's prominent misrepresentations regarding its Magnesium Supplements form a pattern of unlawful and unfair business practices that visits harm on the consuming public. As a result of the Defendant's fraudulent acts, and omissions related to the magnesium contents of the Supplement, Defendant obtained monies which rightfully belong to the Plaintiff, and the Class Members to the detriment of Plaintiff and Class Members, says the suit. HARD EIGHT NUTRITION, LLC was founded in 2012 and is headquartered in Henderson, NV, as a manufacturer of nutritional supplements. [BN] The Plaintiff is represented by: Trinette G. Kent, Esq. LEMBERG LAW, LLC 1100 West Town & Country Rd. Suite 1250 Orange, CA 92868 Telephone: (480) 247-9644 Facsimile: (480) 717-4781 Email: tkent@lemberglaw.com HEALTH CAREER: Wins Bid to File Amended Class Cert Response ------------------------------------------------------------ In the class action lawsuit captioned as Roberson, et al., v. Health Career Institute LLC, et al., Case No. 9:22-cv-81883 (S.D. Fla., Filed Dec. 2, 2022), the Hon. Judge Rodolfo A. Ruiz, II entered an order granting motion to file amended response to the Plaintiffs' renewed motion for class certification. -- The Defendants shall file their Amended Response to Plaintiffs' Renewed Motion for Class Certification on the docket. The nature of suit states civil rights violation.[CC] HOME DEPOT: Timmins Sues Over Deceptive Pricing Scheme ------------------------------------------------------ LACEY TIMMINS, individually and on behalf of all other similarly situated, Plaintiff v. THE HOME DEPOT U.S.A., INC., Defendant, Case No. 2:24-at-00476 (E.D. Cal., April 17, 2024) is a class action lawsuit brought to address the Defendant's misleading and unlawful pricing, sales, and discounting practices on its website www.homedepot.com. According to the Plaintiff in the complaint, the products at issue include all goods that have at any time been offered on the website, at a sale or discounted price from a higher reference price, including without limitation: appliances, tools, outdoor equipment, home equipment, furniture, and garden equipment, and many other categories. Defendant advertises false, misleading, and inflated comparison reference prices to deceive customers into a belief that the sale price is a discounted bargain price. Anyone visiting the website who buys an item on "sale" from a stricken former or regular price is being misled. This is because that item has not been listed for sale or sold on the website, in the recent past and for a substantial time, at the former price. Yet Defendant's use of inflated reference prices, strikethrough pricing and discounting, and purported limited time sales all lead reasonable consumers to believe that the products in fact had been listed for sale and sold on the website, at the former and regular price, in the recent past, for a substantial period of time, says the suit. HOME DEPOT U.S.A., INC. operates home improvement retail stores. The Company offers building materials, home improvement, lawn, garden, kitchen, lighting, storage, and flooring design products. [BN] The Plaintiff is represented by: Alexander E. Wolf, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 280 South Beverly Drive, Penthouse Beverly Hills, CA 90212 Telephone: (872) 365-7060 Email: awolf@milberg.com HOME PARTNERS: Bid to Extend Deadlines to File Responses OK'd ------------------------------------------------------------- In the class action lawsuit captioned as RANK RICHMOND et al., v. HOME PARTNERS HOLDING LLC et al., Case No. 3:22-cv-05704-DGE (W.D. Wash.), the Hon. Judge David Estudillo entered an order granting stipulated motion to extend deadlines to file responses and replies: Event Current Proposed Deadline Deadline Plaintiffs' Response to April 24, 2024 April 26, 2024 Motion to Exclude Expert Testimony: Plaintiffs' Reply in Support April 24, 2024 April 26, 2024 of Class Certification Motion: Noting Date and Defendants' May 1, 2024 May 8, 2024 Reply in Support of Summary Judgment: Noting Date and Defendants' May 3, 2024 May 10, 2024 Reply in Support of Motion to Exclude Expert Testimony: Home Partners operates as a real estate owners and developers. A copy of the Court's order dated April 26, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=DlcN0a at no extra charge.[CC] HOMETOWN EQUITY: Edry Seeks OK of Class Status Bid -------------------------------------------------- In the class action lawsuit captioned as IDAN U. EDRY, an individual, on behalf of himself and others similarly situated; v. HOMETOWN EQUITY MORTGAGE, LLC, a Missouri limited-liability company, d/b/a/ THELENDER, Case No. 2:22-cv-00804-MMD-MDC (D. Nev.), the Plaintiff asks the Court to enter an order granting his motion for class certification. This is a straightforward breach of contract case involving commercial mortgage loans and interest rate lock agreements. All the loans were processed under Defendant's standard process and using form documents. They also included interest rate-lock agreements that Defendant extended to approximately 430 borrowers, including Plaintiff Idan Edry. However, before the expiration date for the rate locks, and before the closing date for each class member's loan, Defenant issued a uniform notice of revocation of the interest rate locks to all 430 class members. As a result, Plaintiff and Class Representative Mr. Edry was denied the right to close on an approved loan for $478,400.00 with a locked interest rate of 4.5%. He was left to either abandon his loan at the 11th hour -- and perhaps lose his cash investment or jeopardize the rental income on the property being purchased -- or proceed with Defendant's forced new loan terms, which included a 1.75% higher interest rate. The Plaintiff first seeks certification of the following Class, "All persons who, according to Defendant's records, had their rate lock dishonored pursuant to the Notice to Brokers sent out on Feb. 16, 2022." The Defendant is "a state chartered independent mortgage company that [sold] business purpose loans." A copy of the Plaintiff's motion dated April 29, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=COIDu6 at no extra charge.[CC] The Plaintiff is represented by: Royi Moas, Esq. Jordan Butler, Esq. WOLF, RIFKIN, SHAPIRO, SCHULMAN & RABKIN, LLP 3773 Howard Hughes Parkway Suite 590 South Las Vegas, NV 89169 Telephone: (702) 341-5200 E-mail: rmoas@wrslawyers.com jbutler@wrslawyers.com - and - Jason J. Thompson, Esq. Kevin J. Stoops, Esq. David R. Parker, Esq. SOMMERS SCHWARTZ, P.C. One Towne Square, Suite 1700 Southfield, MI 48076 Telephone: (248) 355-0300 E-mail: jthompson@sommerspc.com kstoops@sommerspc.com dparker@sommerspc.com - and - Shoham Segal, Esq. LVNV LEGAL 1180 N. Town Center Dr., Suite 100 Las Vegas, NV 89144 Telephone: (702) 660-6700 E-mail: Segal@Lvnvlegal.com HOUSER LLP: Kausse Files Personal Injury Suit in C.D. California ---------------------------------------------------------------- A class action lawsuit has been filed against Houser LLP. The case is captioned as JOSEPH KAUSSE, individually and on behalf of all others similarly situated v. HOUSER LLP, Case No. 8:24-cv-00495-WLH-ADS (C.D. Cal., March 7, 2024). The Plaintiff brings personal injury claims against the Defendant. Houser LLP is a commercial and business litigation law firm in California. [BN] The Plaintiff is represented by: Robert A. Mackey, Esq. LAW OFFICES OF ROBERT MACKEY 660 Baker Street, Building A, Suite 201 Costa Mesa, CA 92626 Telephone: (412) 370-9110 Email: bobmackeyesq@aol.com INOTIV INC: Class Cert Filing in Securities Suit Due Jan. 6, 2025 ----------------------------------------------------------------- In the class action lawsuit Re Inotiv Inc. Securities Litigation, Case No. 4:22-cv-00045-PPS-JEM (N.D. Ind.), the Hon. Judge John Martin entered a class certification discovery schedule order as follows: (1) Rule 26(a)(1) initial exchanges must be May 24, 2024 completed, but not filed with the Court, by: (2) The parties' deadline to seek leave to June 8, 2025 amend the pleadings is: (3) The deadline to complete all fact Aug. 7, 2025 discovery is: (4) The Plaintiffs' expert witness Jan. 6, 2025 disclosures and reports as to class certification issues are to be provided to Defendants by: (5) The Defendants' rebuttal expert witness March 6, 2025 disclosures and reports as to class certification issues are to be provided to Plaintiffs by: (6) Reply expert witness disclosures and April 21, 2025 reports as to class certification issues are due by: (7) Motion for class certification to be Jan. 6, 2025 filed by: (8) Plaintiffs' expert witness Sept. 7, 2025 disclosures and reports as to all issues other than class certification are to be provided to Defendants by: (9) Defendants' rebuttal expert witness Nov. 7, 2025 disclosures and reports as to all issues other than class certification are to be provided to Plaintiffs by: (10) Reply expert witness disclosures and Dec. 22, 2025 reports as to all issues other than class certification are due by: (11) The deadline to complete all expert Jan. 22, 2026 discovery is: Inotiv provides nonclinical and analytical drug discovery and development services, research models and related products and services. A copy of the Court's order dated April 29, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=oBNGwU at no extra charge.[CC] J & D RESTAURANTS: Faces Gutierrez Wage-and-Hour Suit in Washington ------------------------------------------------------------------- JOSE GUTIERREZ, individually and on behalf of all others similarly situated, Plaintiff v. J & D RESTAURANTS, INC., a Washington profit corporation doing business as DENNY'S RESTAURANT; AWASHINGTON, LLC, a Washington limited liability company doing business as DENNY'S RESTAURANT; and DOES 1-20, Defendants, Case No. 24-2-05401-4 SEA (Wash. Super., King Cty., March 11, 2024) is a class action against the Defendants for violations of the Washington Industrial Welfare Act including failure to provide compliant rest periods, failure to furnish accurate wage statements, failure to pay minimum wage, and wage theft. Mr. Gutierrez worked for the Defendants as a non-exempt employee at Denny's restaurant located at 2801 West Kennewick Avenue, Kennewick, Washington. J & D Restaurants, Inc., doing business as Denny's Restaurant, is a restaurant owner and operator based in Washington. Awashington, LLC, doing business as Denny's Restaurant, is a restaurant owner and operator in King County, Washington. [BN] The Plaintiff is represented by: Timothy W. Emery, Esq. Patrick B. Reddy, Esq. Paul Cipriani, Esq. EMERY REDDY, PLLC 600 Stewart Street, Suite 1100 Seattle, WA 98101 Telephone: (206) 442-9106 Facsimile: (206) 441-9711 Email: emeryt@emeryreddy.com reddyp@emeryreddy.com paul@emeryreddy.com KELAI CORP: Appeals Court Judgment in Feng FLSA Suit to 2nd Cir. ---------------------------------------------------------------- KELAI CORP., doing business as Jef Chinese, et al. are taking an appeal from a court judgment in the lawsuit entitled Shanggang Feng, individually and on behalf of and all others similarly situated, Plaintiff, v. Kelai Corp., et al., Defendants, Case No. 1:18-cv-12329, in the U.S. District Court for the Southern District of New York. The lawsuit arises under the Fair Labor Standards Act. On Mar. 29, 2024, the Court ruled in favor of the Plaintiff through an Order entered by Judge Robert W. Lehrburger. The Court ordered the Defendants to pay the Plaintiff: (1) damages for unpaid wages of $52,396.50, plus pre-judgment interest to be calculated by the Clerk of Court at the rate of 9 percent, from September 26, 2017, to the date of judgment; (2) $52,396.50 in liquidated damages; (3) reasonable attorneys' fees in the amount of $83,307.92; (4) costs in the amount of $2,010.35; and (5) post-judgment interest pursuant to 28 U.S.C. Sec. 1961. However, the Plaintiff's claims for failure to comply with wage notice and statement requirements were dismissed without prejudice for lack of standing. The appellate case is captioned Feng v. Kelai Corp., Case No. 24-979, in the United States Court of Appeals for the Second Circuit, filed on April 15, 2024. [BN] Plaintiff-Appellee SHANGGANG FENG, individually and on behalf of all others similarly situated, is represented by: Aaron B. Schweitzer, Esq. TROY LAW PLLC 41-25 Kissena Boulevard Flushing, NY 11355 Defendants-Appellants KELAI CORP., d/b/a Jef Chinese, et al. are represented by: Christopher Robert Travis, Esq. TRAVIS LAW PLLC 40 Wall Street, Suite 2508 New York, NY 10005 KELLER WILLIAMS: Hill Files Suit in D. Kansas --------------------------------------------- A class action lawsuit has been filed against Keller Williams Realty, Inc. The case is styled as Robert E. Hill, individually and on behalf of all other persons similarly situated v. Keller Williams Realty, Inc., Case No. 2:24-cv-02111-EFM-BGS (D. Kan., March 25, 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: Moulder Files Suit in W.D. Texas ------------------------------------------------- A class action lawsuit has been filed against Keller Williams Realty, Inc. The case is styled as Jerri L. Moulder, Jerri L. Moulder, P.C., individually and on behalf of all others similarly situated v. Keller Williams Realty, Inc., Case No. 5:24-cv-00292-JKP-ESC (W.D. Tex., March 22, 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 Plaintiffs are represented by: Gabriel A. Narvaez, Esq. Justin Allen Hill, Esq. HILL LAW FIRM 445 Recoleta Road San Antonio, TX 78216 Phone: (210) 960-3939 Fax: (844) 404-4455 Email: gabriel@jahlawfirm.com service@jahlawfirm.com - and - Jonathan M. Soper, Esq. Kenneth B. Mcclain, Esq. Kevin D. Stanley, Esq. HUMPHREY, FARRINGTON & MCCLAIN, P.C. 221 W. Lexington Avenue, Suite 400 Independence, MO 64050 Phone: (816) 836-5050 Fax: (816) 836-8966 LEXISNEXIS RISK: Scroggins Can Seal Unredacted Bid to Certify Class ------------------------------------------------------------------- In the class action lawsuit captioned as KERRY JENNIFER SCROGGINS, V. LEXISNEXIS RISK SOLUTIONS FL INC., Case No. 3:22-cv-00545-MHL-SLS (E.D. Va.), the Hon. Judge M. Hannah Lauck entered an order granting: (1) the Plaintiff Kerry Jennifer Scroggins's Motion to Seal the unredacted version of Plaintiff's Memorandum in Support of Motion to Exclude; (2) Ms. Scroggins's Motion to Seal the unredacted version of Memorandum in Support of Plaintiff's Motion in Limine; and, (3) Ms. Scroggins's Motion to Seal the unredacted version of Plaintiff's Motion to Certify Class. Ms. Scroggins's motions have provided public notice of the request to seal, as have the contemporaneously filed Notices of Filing Under Seal. The Motions and Notices have allowed interested parties a reasonable opportunity to object. Second, the Court has considered less drastic alternatives to sealing the redacted portions of the Memoranda and Motion and selected accompanying exhibits and finds that no other alternative will protect the privacy interests at issue here. Lexisnexis provides full service legal advice. A copy of the Court's order dated April 29, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=LBrT0t at no extra charge.[CC] MDL 2873: Grotefend Sues Over Injury Sustained From AFFF Products ----------------------------------------------------------------- BRIAN GROTEFEND, individually and on behalf of all others similarly situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS INC.; ALLSTAR FIRE EQUIPMENT; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BASF CORPORATION; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; FIRE-DEX, LLC; GLOBE MANUFACTURING COMPANY LLC; HONEYWELL SAFETY PRODUCTS USA, INC.; KIDDE PLC; LION GROUP, INC.; MALLORY SAFETY AND SUPPLY LLC; MINE SAFETY APPLIANCES CO., LLC; MUNICIPAL EMERGENCY SERVICES, INC.; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; PBI PERFORMANCE PRODUCTS, INC.; SOUTHERN MILLS, INC.; STEDFAST USA, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.; and, W.L. GORE & ASSOCIATES INC., Defendants, Case No. 2:24-cv-01185-RMG (D.S.C., March 8, 2024 ) is a class action against the Defendants for negligence, battery, inadequate warning, design defect, strict liability, fraudulent concealment, breach of express and implied warranties, wantonness, and fraudulent transfer. The case arises from severe personal injuries sustained by the Plaintiff as a result of his exposure to the Defendants' aqueous film forming foam (AFFF) products containing synthetic, toxic per- and polyfluoroalkyl substances collectively known as PFAS. The Defendants failed to use reasonable and appropriate care in the design, manufacture, labeling, warning, instruction, training, selling, marketing, and distribution of their PFAS-containing AFFF products and also failed to warn military and/or civilian firefighters, including the Plaintiff, who they knew would foreseeably come into contact with their AFFF products that use of and/or exposure to the products would pose a danger to human health. Due to inadequate warning, the Plaintiff was exposed to toxic chemicals and was diagnosed with testicular cancer, thyroid cancer, and other injuries, says the suit. The Grotefend case has been consolidated in MDL No. 2873, In Re: Aqueous Film-Forming Foams Products Liability Litigation. The case is assigned to the Hon. Judge Richard Gergel. 3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a multinational conglomerate corporation and designer, marketer, developer, manufacturer, distributor of firefighting equipment, including those with AFFF. It is located at 3M Center, St. Paul. Minnesota. ACG Chemicals Americas Inc. is a manufacturer of chemical products based in Exton, Pennsylvania. Allstar Fire Equipment is a fire department equipment supplier in Arcadia, California. Amerex Corporation is a manufacturer of firefighting products based in Trussville, Alabama. Archroma U.S. Inc. is a global specialty chemicals company headquartered in Charlotte, North Carolina. Arkema, Inc. is a diversified chemicals manufacturer in North America, based in King of Prussia, Pennsylvania. BASF Corporation is a chemical company based in New Jersey. Buckeye Fire Equipment Co. is a manufacturer of line of handheld and wheeled fire extinguishers, suppressing foam concentrates & hardware, and kitchen suppression systems, with principal place of business located at 110 Kings Road, Mountain, North Carolina. Carrier Global Corporation is a heating, ventilation, and air conditioning company based in Palm Beach Gardens, Florida. Chemdesign Products, Inc. is a chemical toll manufacturing company based in Marinette, Wisconsin. Chemguard, Inc. is a manufacturer of fire suppression and specialty chemicals, including AFFF, with principal place of business located at One Stanton Street, Marinette, Wisconsin. Chemicals, Inc. is a chemical manufacturing company based in Baytown, Texas. Chemours Company FC, LLC is a manufacturer of titanium technologies, fluoroproducts and chemical solutions based in Wilmington, Delaware. Chubb Fire, Ltd is a provider of security and fire protection systems based in United Kingdom. Clariant Corp. is a specialty chemical company based in Charlotte, North Carolina. Corteva, Inc. is an American agricultural chemical and seed company based in Wilmington, Delaware. Deepwater Chemicals, Inc. is a producer of organic and inorganic iodine derivatives based in Woodward, Oklahoma. Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical company based in Wilmington, Delaware. Dynax Corporation is a company that specializes in the production of fluorochemicals based in Pound Ridge, New York. E.I Dupont De Nemours & Co. is a provider of agriculture and specialty products with its principal place of business at 1007 Market Street, Wilmington, Delaware. Fire-Dex, LLC is a manufacturer of firefighting equipment in Ohio. Globe Manufacturing Company LLC is a manufacturer and supplier of turnout gear and other products in New Hampshire. Honeywell Safety Products USA, Inc. is a manufacturer of personal protective equipment (PPE) based in Pennsylvania. Kidde PLC is a manufacturer of fire safety products based in Mebane, North Carolina. Lion Group, Inc. is a protective clothing supplier in Vandalia, Ohio. Mallory Safety and Supply LLC is an independent safety distributor in Oregon. Mine Safety Appliances Co., LLC is an American manufacturer and supplier of safety equipment in Pennsylvania. Municipal Emergency Services, Inc. is a supplier of personal protective equipment in Utah. Nation Ford Chemical Company is a manufacturer of specialty organic chemicals based in Fort Mill, South Carolina. National Foam, Inc. is a manufacturer of foam concentrate, foam proportioning systems, fixed and portable foam firefighting equipment, with principal place of business located at 350 East Union Street, West Chester, Pennsylvania. PBI Performance Products, Inc. is a fire protection equipment in North Carolina. Southern Mills, Inc. is a manufacturer of protective clothing fabric in Georgia. Stedfast USA, Inc. is a protective barrier technology company based in Pennsylvania. The Chemours Company is a manufacturer of agricultural chemicals with principal place of business at 1007 Market Street, Wilmington, Delaware. Tyco Fire Products L.P., successor-in-interest to The Ansul Company, is a manufacturer of water-based fire suppression system components and ancillary building construction products, including Ansul brand of AFFF, headquartered at One Stanton Street, Marinette, Wisconsin. United Technologies Corporation was an American multinational conglomerate headquartered in Farmington, Connecticut. It merged with the Raytheon Company in April 2020 to form Raytheon Technologies. UTC Fire & Security Americas Corporation, Inc., f/k/a GE Interlogix, Inc., is a manufacturer of security and fire control systems based in Bradenton, Florida. W.L. Gore & Associates Inc. is a global materials science company in Delaware. [BN] The Plaintiff is represented by: Steven D. Davis, Esq. Eric W. Cracken, Esq. TORHOERMAN LAW LLC 210 S. Main Street Edwardsville, IL 62025 Telephone: (618) 656-4400 Facsimile: (618) 656-4401 MDL 2873: Hyravy Suit Claims PFAS Exposure From AFFF Products ------------------------------------------------------------- DANIEL HYRAVY, individually and on behalf of all others similarly situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS INC.; ALLSTAR FIRE EQUIPMENT; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BASF CORPORATION; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; FIRE-DEX, LLC; GLOBE MANUFACTURING COMPANY LLC; HONEYWELL SAFETY PRODUCTS USA, INC.; KIDDE PLC; LION GROUP, INC.; MALLORY SAFETY AND SUPPLY LLC; MINE SAFETY APPLIANCES CO., LLC; MUNICIPAL EMERGENCY SERVICES, INC.; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; PBI PERFORMANCE PRODUCTS, INC.; SOUTHERN MILLS, INC.; STEDFAST USA, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.; and, W.L. GORE & ASSOCIATES INC., Defendants, Case No. 2:24-cv-01184-RMG (D.S.C., March 8, 2024 ) is a class action against the Defendants for negligence, battery, inadequate warning, design defect, strict liability, fraudulent concealment, breach of express and implied warranties, wantonness, and fraudulent transfer. The case arises from severe personal injuries sustained by the Plaintiff as a result of his exposure to the Defendants' aqueous film forming foam (AFFF) products containing synthetic, toxic per- and polyfluoroalkyl substances collectively known as PFAS. The Defendants failed to use reasonable and appropriate care in the design, manufacture, labeling, warning, instruction, training, selling, marketing, and distribution of their PFAS-containing AFFF products and also failed to warn military and/or civilian firefighters, including the Plaintiff, who they knew would foreseeably come into contact with their AFFF products that use of and/or exposure to the products would pose a danger to human health. Due to inadequate warning, the Plaintiff was exposed to toxic chemicals and was diagnosed with leukemia and other injuries, the suit says. The Hyravy case has been consolidated in MDL No. 2873, In Re: Aqueous Film-Forming Foams Products Liability Litigation. The case is assigned to the Hon. Judge Richard Gergel. 3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a multinational conglomerate corporation and designer, marketer, developer, manufacturer, distributor of firefighting equipment, including those with AFFF. It is located at 3M Center, St. Paul. Minnesota. ACG Chemicals Americas Inc. is a manufacturer of chemical products based in Exton, Pennsylvania. Allstar Fire Equipment is a fire department equipment supplier in Arcadia, California. Amerex Corporation is a manufacturer of firefighting products based in Trussville, Alabama. Archroma U.S. Inc. is a global specialty chemicals company headquartered in Charlotte, North Carolina. Arkema, Inc. is a diversified chemicals manufacturer in North America, based in King of Prussia, Pennsylvania. BASF Corporation is a chemical company based in New Jersey. Buckeye Fire Equipment Co. is a manufacturer of line of handheld and wheeled fire extinguishers, suppressing foam concentrates & hardware, and kitchen suppression systems, with principal place of business located at 110 Kings Road, Mountain, North Carolina. Carrier Global Corporation is a heating, ventilation, and air conditioning company based in Palm Beach Gardens, Florida. Chemdesign Products, Inc. is a chemical toll manufacturing company based in Marinette, Wisconsin. Chemguard, Inc. is a manufacturer of fire suppression and specialty chemicals, including AFFF, with principal place of business located at One Stanton Street, Marinette, Wisconsin. Chemicals, Inc. is a chemical manufacturing company based in Baytown, Texas. Chemours Company FC, LLC is a manufacturer of titanium technologies, fluoroproducts and chemical solutions based in Wilmington, Delaware. Chubb Fire, Ltd is a provider of security and fire protection systems based in United Kingdom. Clariant Corp. is a specialty chemical company based in Charlotte, North Carolina. Corteva, Inc. is an American agricultural chemical and seed company based in Wilmington, Delaware. Deepwater Chemicals, Inc. is a producer of organic and inorganic iodine derivatives based in Woodward, Oklahoma. Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical company based in Wilmington, Delaware. Dynax Corporation is a company that specializes in the production of fluorochemicals based in Pound Ridge, New York. E.I Dupont De Nemours & Co. is a provider of agriculture and specialty products with its principal place of business at 1007 Market Street, Wilmington, Delaware. Fire-Dex, LLC is a manufacturer of firefighting equipment in Ohio. Globe Manufacturing Company LLC is a manufacturer and supplier of turnout gear and other products in New Hampshire. Honeywell Safety Products USA, Inc. is a manufacturer of personal protective equipment (PPE) based in Pennsylvania. Kidde PLC is a manufacturer of fire safety products based in Mebane, North Carolina. Lion Group, Inc. is a protective clothing supplier in Vandalia, Ohio. Mallory Safety and Supply LLC is an independent safety distributor in Oregon. Mine Safety Appliances Co., LLC is an American manufacturer and supplier of safety equipment in Pennsylvania. Municipal Emergency Services, Inc. is a supplier of personal protective equipment in Utah. Nation Ford Chemical Company is a manufacturer of specialty organic chemicals based in Fort Mill, South Carolina. National Foam, Inc. is a manufacturer of foam concentrate, foam proportioning systems, fixed and portable foam firefighting equipment, with principal place of business located at 350 East Union Street, West Chester, Pennsylvania. PBI Performance Products, Inc. is a fire protection equipment in North Carolina. Southern Mills, Inc. is a manufacturer of protective clothing fabric in Georgia. Stedfast USA, Inc. is a protective barrier technology company based in Pennsylvania. The Chemours Company is a manufacturer of agricultural chemicals with principal place of business at 1007 Market Street, Wilmington, Delaware. Tyco Fire Products L.P., successor-in-interest to The Ansul Company, is a manufacturer of water-based fire suppression system components and ancillary building construction products, including Ansul brand of AFFF, headquartered at One Stanton Street, Marinette, Wisconsin. United Technologies Corporation was an American multinational conglomerate headquartered in Farmington, Connecticut. It merged with the Raytheon Company in April 2020 to form Raytheon Technologies. UTC Fire & Security Americas Corporation, Inc., f/k/a GE Interlogix, Inc., is a manufacturer of security and fire control systems based in Bradenton, Florida. W.L. Gore & Associates Inc. is a global materials science company in Delaware. [BN] The Plaintiff is represented by: Steven D. Davis, Esq. Eric W. Cracken, Esq. TORHOERMAN LAW LLC 210 S. Main Street Edwardsville, IL 62025 Telephone: (618) 656-4400 Facsimile: (618) 656-4401 MDL 3104: Panel Denies Transfer of 50 Suits to Sex Trafficking Row ------------------------------------------------------------------ In "In re: Hotel Industry Sex Trafficking Litigation (No. II)," MDL No. 3104, Karen K. Caldwell, Chairperson of the U.S. Judicial Panel on Multidistrict Litigation denied the transfer and centralization of 50 actions in the U.S. District Court for the Southern District of Ohio. Plaintiffs in all actions allege that they are victims of sex trafficking that occurred at hotel properties located across the country and that the involved hotel defendants are liable for damages under the Trafficking Victims Protection Reauthorization Act of 2008 ("TVPRA"), 18 U.S.C. Section 1595, and, in some instances, state law. The panel notes that these actions continue to involve "different hotels, different alleged sex trafficking ventures, different hotel brands, different owners and employees, different geographic locales, different witnesses, different indicia of sex trafficking, and different time periods." There certainly may be common discovery concerning a particular hotel brand's policy at a point in time, or knowledge of sex trafficking within the hotel industry, generally, or at a particular hotel brand's property. But any of these general common facts is likely to be overwhelmed by individualized discovery regarding not only the circumstances of a particular plaintiff's alleged trafficking, but also the varied defendants and their relationships with each other. "We are not persuaded that informal coordination is insufficient here," rules the panel. "Plaintiffs' counsel overlaps to a significant extent. Even the firms filing different responses to the Section 1407 motion overlap as co-counsel in many cases. The judges presiding over large groups of cases should be able to realize important efficiencies by coordinating with each other and by streamlining the cases before them. Of the 113 known cases in this current litigation, 62 are pending before two judges in two districts. Twenty-two are pending in the Eastern District of Texas, and 40 are pending in the Southern District of Ohio. These two courts do not need the procedural mechanism of Section 1407 centralization in place to exercise their inherent authority to coordinate the cases before them or to establish an efficient pretrial structure. Several defendants stated their willingness to informally coordinate, and it appears the parties are working to streamline proceedings, including regarding plaintiff identity protections and confidentiality -- issues proponents of centralization argued have been repeatedly re-litigated." Finally, the previous motion for centralization had support from some plaintiffs, some defendants, and certain anti-sex trafficking organizations filing an amicus brief, notes the panel. Today, all responding defendants and amici oppose centralization. This significant shift towards opposition to centralization suggests that an MDL for these cases remains unnecessary, it adds. A full-text copy of the court's April 11, 2024 order is available at https://www.jpml.uscourts.gov/sites/jpml/files/MDL-3104-Order_Denying_Transfer-3-24.pdf MDL 3105: Panel Denies Centralization of Two Suits -------------------------------------------------- In "In re: College Athlete Compensation Antitrust Litigation," MDL No. 3105, Karen K. Caldwell, Chairperson of the U.S. Judicial Panel on Multidistrict Litigation, denied the centralization of two cases -- one from the U.S. District Court for the Northern District of California, and one from the District of Colorado. These are litigations against the National Collegiate Athletic Association (NCAA) challenging its amateurism model of college athletics and take direct aim at its prohibition on student-athletes receiving compensation from the NCAA, athletic conferences, or their schools for their athletic services. Plaintiffs in each action name the NCAA and the largest athletic conferences and allege that the defendants' restrictions on student-athlete compensation deprived them of substantial television and other revenues. According to the panel, there is no dispute that these actions involve common questions of fact arising from allegations that the NCAA and the Power 5 Conferences violate the Sherman Act by prohibiting student-athletes from receiving compensation for their athletic services. The complaints identify the same alleged relevant market for the labor of Division I college athletes and propose overlapping nationwide classes. "Even so, we have emphasized that "centralization under Section 1407 should be the last solution after considered review of all other options,"" rules the panel. A full-text copy of the court's April 11, 2024 order is available at https://www.jpml.uscourts.gov/sites/jpml/files/MDL-3105-Order_Denying_Transfer-3-24.pdf MDL 3106: Panel Denies Transfer of Four Suits to D. Col. -------------------------------------------------------- In "In re: Recore Antitrust Litigation," MDL No. 3106, Karen K. Caldwell, Chairperson of the U.S. Judicial Panel on Multidistrict Litigation, denied the transfer of four cases -- one case each from the U.S. District Court for the District of Colorado, Northern and Southern District of Texas and the Western District of Virginia, to the District of Colorado. Plaintiffs in these actions are a franchisor and three franchisees that provide diesel particulate filter (DPF) services to the diesel industry. Defendants are suppliers of equipment and technology for "re-coring" or replacing the filter within a DPF, which they market under the name "Recore." Plaintiffs allege that the franchisee plaintiffs were induced to enter into contracts to use Recore equipment and technology based on defendants' false representations that, among other things, Recore was protected by a U.S. patent, and each franchisee would receive an exclusive territory for the use of Recore, be provided access to national accounts, receive professional sales assistance, and be permitted to terminate its relationship with defendants and return the Recore equipment for a full refund if it was not satisfied. The actions likely will involve some common issues of fact relating to defendants' Recore equipment and technology, how Recore was marketed, and the terms of the contracts involved. On the basis of the papers filed and the hearing session held, the panel concluded that centralization is warranted. "Nevertheless, we are not persuaded that centralization is warranted. These are, at bottom, fairly straight-forward contract and misrepresentation actions. Plaintiffs assert claims under the Sherman Act and argue that these claims will involve complicated factual issues and discovery relating to the definition of the relevant market and the effects of defendants' anticompetitive conduct. Plaintiffs' antitrust claims, however, appear to be based on essentially the same allegations as their other claims. In addition, certain complaints involve case-specific allegations," the panel added. Discovery will be case-specific as to the pre-contract discussions and materials exchanged between defendants and each plaintiff, and as to defendants' conduct toward each plaintiff after contracts were entered into. None of the issues of fact seem particularly complex, and it seems unlikely that discovery will be extensive or time-consuming, notes the panel. A full-text copy of the court's April 11, 2024 order is available at https://www.jpml.uscourts.gov/sites/jpml/files/MDL-3106-Order_Denying_Transfer-3-24.pdf METROHEALTH SYSTEM: Class Cert Bid Filing in Savel Due July 1 ------------------------------------------------------------- In the class action lawsuit captioned as FRANK SAVEL, v. METROHEALTH SYSTEM, Case No. 1:22-cv-02154-JG (N.D. Ohio), the Hon. Judge James Gwin entered an order setting following deadlines: (1) Deadline to Add Parties or April 29, 2024 Amend Pleadings: (2) Deadline for Filing Class Certification July 1, 2024 Motions: (3) Deadline for Filing Opposition to July 15, 2024 Class Motions: (4) Deadline for Filing Replies to July 22, 2024 Responses: (5) Deadline for Filing Dispositive July 29, 2024 Motions: (6) Deadline for Filing Opposition Aug. 12, 2024 to Dispositive Motions: (7) Deadline for Filing Replies to Aug. 19, 2024 Responses: (8) Deadline for All Discovery: Sept. 16, 2024 MetroHealth is a non-profit, public health care system. A copy of the Court's order dated April 29, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=HPSicu at no extra charge.[CC] NATIONAL ASSOCIATION: Initial Nod of Class Settlement Sought ------------------------------------------------------------ In the class action lawsuit captioned as DON GIBSON, LAUREN CRISS, JOHN MEINERS, and DANIEL UMPA, on behalf of themselves and all others similarly situated, v. NATIONAL ASSOCIATION OF REALTORS, et al., Case No. 4:23-cv-00788-SRB (W.D. Mo.), the Plaintiffs ask the Court to enter an order: (1) preliminarily approving the Settlements; (2) certifying the Settlement Classes for settlement purposes only; (3) appointing Gibson Plaintiffs as Settlement Class Representatives; (4) appointing Settlement Class Counsel; and (5) appointing JND as the notice administrator and ordering that notice be directed to the Settlement Classes in a manner substantially similar to that issued in conjunction with the Anywhere, RE/MAX, and Keller Williams Settlements in the Burnett action. The proposed Settlements resolve on a nationwide basis Plaintiffs' claims for damages and injunctive relief against the Settling Defendants for their alleged anticompetitive practices in the nationwide market for residential real estate brokerage services. The Gibson Settlement Agreements provide for meaningful practice changes, cooperation in litigation against non-settling defendants, and total payments of $96 million. For purposes of the Settlements with Compass, Real Brokerage, Realty ONE, and Douglas Elliman, the proposed Settlement Class definition, pursuant to Rule 23(b)(3) is as follows (the "Settlement Class"): "All persons who sold a home that was listed on a multiple listing service anywhere in the United States where a commission was paid to any brokerage in connection with the sale of the home between Oct. 31, 2019, and the date of Class Notice." National Association is an American trade association for those who work in the real estate industry. A copy of the Plaintiffs' motion dated April 29, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=RZRtNQ at no extra charge.[CC] The Plaintiffs are represented by: Brandon J.B. Boulware, Esq. Jeremy M. Suhr, Esq. Erin D. Lawrence, Esq. BOULWARE LAW LLC 1600 Genessee Street, Suite 416 Kansas City, MO 64102 Telephone: (816) 492-2826 Facsimile: (816) 492-2826 E-mail: brandon@boulware-law.com jeremy@boulware-law.com erin@boulware-law.com - and - Michael Ketchmark, Esq. Scott McCreight, Esq. KETCHMARK AND MCCREIGHT P.C. 11161 Overbrook Rd. Suite 210 Leawood, KS 66211 Telephone: (913) 266-4500 E-mail: mike@ketchmclaw.com smccreight@ketchmclaw.com - and - Michael A. Williams, Esq. Matthew L. Dameron, Esq. Eric L. Dirks, Esq. WILLIAMS DIRKS DAMERON LLC 1100 Main Street, Suite 2600 Kansas City, MO 64105 Telephone: (816) 945 7110 Facsimile: (816) 945-7118 E-mail: mwilliams@williamsdirks.com matt@williamsdirks.com dirks@williamsdirks.com - and - Steve W. Berman, Esq. Rio S. Pierce, Esq. Jeannie Evans, Esq. Nathan Emmons, Esq. HAGENS BERMAN SOBOL SHAPIRO LLP 1301 Second Avenue, Suite 2000 Seattle, WA 98101 Telephone: (206) 623-7292 E-mail: steve@hbsslaw.com riop@hbsslaw.com jeannie@hbsslaw.com nathane@hbsslaw.com - and - Benjamin D. Brown, Esq. Robert A. Braun, Esq. Sabrina Merold, Esq. Daniel Silverman, Esq. COHEN MILSTEIN SELLERS & TOLL PLLC 1100 New York Ave. NW, Fifth Floor Washington, DC 20005 Telephone: (202) 408-4600 E-mail: bbrown@cohenmilstein.com rbraun@cohenmilstein.com smerold@cohenmilstein.com dsilverman@cohenmilstein.com - and - Marc M. Seltzer, Esq. Steven G. Sklaver, Esq. Beatrice C. Franklin, Esq. Matthew R. Berry, Esq. Floyd G. Short, Esq. Alexander W. Aiken, Esq. SUSMAN GODFREY L.L.P. 1900 Avenue of the Stars, Suite 1400 Los Angeles, CA 90067 Telephone: (310) 789-3100 E-mail: mseltzer@susmangodfrey.com ssklaver@susmangodfrey.com bfranklin@susmangodfrey.com mberry@susmangodfrey.com fshort@susmangodfrey.com aaiken@susmangodfrey.com NEW LIFE HEALTHY: Fails to Pay Proper Wages, Brito Alleges ---------------------------------------------------------- ISABELA RIVERA BRITO; MARIA BRITO CHAVEZ; PETRONA CUPLAY BERNAL; and VICENTE SANCHEZ, Plaintiffs v. NEW LIFE HEALTHY LIVING, LLC; NEW LIFE ADULT MEDICAL DAY CARE, LLC; AASHIANA, LLC; and ALIF MANEJWALA, Defendants, Case No. 1:24-cv-01124-ABA (D. Md., April 17, 2024) seeks to recover from the Defendants unpaid wages and overtime compensation, interest, liquidated damages, attorneys' fees, and costs under the Fair Labor Standards Act. Plaintiffs Brito and Chavez were employed by the Defendants as caregivers. Plaintiff Bernal was employed as housekeeper while Plaintiff Sanchez as dishwasher. NEW LIFE HEALTHY LIVING, LLC is an assisted living community located in Windsor Mill Maryland that aims to provide a place to call home to our active seniors. [BN] The Plaintiffs are represented by: David Rodwin, Esq. Lucy Zhou, Esq. PUBLIC JUSTICE CENTER 201 North Charles Street, Suite 1200 Baltimore, MD 21201 Telephone: (410) 625-9409 Facsimile: (410) 625-9423 Email: rodwind@publicjustice.org zhoul@publicjustice.org - and - Ama Frimpong-Houser, Esq. CASA P.O. Box 7277 Hyattsville, MD 20787 Telephone: (240) 491-5767 Facsimile: (301) 408-4123 Email: afrimpong-houser@wearecasa.org NEW YORK, NY: Plaintiffs Allowed to File Renewed Class Cert Bid --------------------------------------------------------------- In the class action lawsuit captioned as Local 3621, EMS Officers Union, DC-37, AFSCME, AFL-CIO et al v. City of New York, et al., Case No. 1:18-cv-04476-LJL-JW (S.D.N.Y.), the Hon. Judge Lewis Liman entered an order granting the Plaintiffs' leave to file a renewed motion for class certification, and in the alternative to intervene, after the close of fact discovery and on the date that summary judgment motions are due. If the Court does exercise equitable tolling, Plaintiffs respectfully submit it should not begin on April 11, 2024 as Defendants claim, because the putative intervenors have "been pursuing [their] rights diligently" and because Plaintiffs' anticipated motion to certify creates a situation in which moving to intervene immediately would potentially be a waste of judicial resources. As such, equitable tolling of the statute of limitations for the putative class members and intervenors would be more appropriately set from May 21, 2018, until a final determination is made regarding class certification. Lastly, Defendants' letter does not consider the timeliness of the anticipated motion for intervention, which must be addressed given Defendants' request that such motion be delayed until the close of merits discovery. New York City comprises 5 boroughs sitting where the Hudson River meets the Atlantic Ocean. A copy of the Court's order dated April 29, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=KJ7XL1 at no extra charge.[CC] The Plaintiffs are represented by: Yetta G. Kurland, Esq. THE KURLAND GROUP 85 Broad Street, 28th Floor New York, NY 10004 Telephone: (212) 253-6911 E-mail: kurland@kurlandgroup.com NEW YORK, NY: Settlement in Clark Suit Gets Initial Nod ------------------------------------------------------- In the class action lawsuit captioned as JAMILLA CLARK and ARWA AZIZ, on Behalf of Themselves and Others Similarly Situated, v. CITY OF NEW YORK, Case No. 1:18-cv-02334-AT-KHP (S.D.N.Y.), the Hon. Judge Analisa Torres entered an order granting preliminary approval of class action Settlement as follows: -- The Court appoints Rust Consulting, Inc. as the Settlement Administrator, with responsibility for class notice and claims administration. -- The proposed notice procedures set forth in the Janowicz Declaration are hereby approved, as are the Summary Notice, Claim Form, and LongForm Notice. -- Class Counsel shall file Plaintiffs' motion for final approval of the Settlement Agreement by Oct. 14, 2024. Class Counsel shall file their motion requesting attorneys' fees and expenses and service awards by Oct. 14, 2024 The Plaintiffs, Jamilla Clark and Arwa Aziz, representing a class of arrested individuals who were required to remove their head coverings by the New York City Police Department, filed this class action against the Defendant, the City of New York, alleging violations of the Religious Land Use and Institutionalized Persons Act; the Free Exercise Clause of the First Amendment to the United States Constitution; and the Free Exercise Clause of the New York State Constitution. New York City comprises 5 boroughs sitting where the Hudson River meets the Atlantic Ocean. A copy of the Court's order dated April 29, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=YCEkR6 at no extra charge.[CC] NOR-CAL BEVERAGE: McMurray Files Labor Suit in Cal. State Court --------------------------------------------------------------- A class action lawsuit has been filed against Nor-Cal Beverage Company, Inc., a California Corporation, et al. The case is captioned as ARLANDIS MCMURRAY, individually and on behalf of all others similarly situated, v. NOR-CAL BEVERAGE COMPANY, INC., a California Corporation, et al., Case No. 24CV004357 (Cal. Super., Sacramento Cty., March 7, 2024). A case management conference is set for February 28, 2025, before Judge Lauri A. Damrell. Nor-Cal Beverage Company Inc. is a beverage company in California. [BN] OCUGEN INC: Court Dismisses Stockholder Derivative Lawsuits ----------------------------------------------------------- Ocugen, Inc. disclosed in a Form 8-K Report filed with the U.S. Securities and Exchange Commission that on April 26, 2024, the U.S. District Court for the Eastern District of Pennsylvania dismissed without prejudice the consolidated stockholder derivative lawsuits (Lead Case No. 2:21-cv-03876) filed against certain agents of the Company. In its Annual Report on Form 10-K, Ocugen reported that in June 2021, a securities class action lawsuit was filed against Ocugen and certain of the Company's agents in the U.S. District Court for the Eastern District of Pennsylvania (Case No. 2:21-cv-02725) that purported to state a claim for alleged violations of Sections 10(b) and 20(a) of the Securities Exchange Act and Rule 10b-5 promulgated thereunder, based on statements made by the Company concerning the announcement of its decision to pursue the submission of a BLA for COVAXIN for adults ages 18 years and older rather than pursuing an EUA for the vaccine candidate. In July 2021, a second securities class action lawsuit was filed against Ocugen and certain of its agents in the Court (Case No. 2:21-cv-03182) that also purported to state a claim for alleged violations of Sections 10(b) and 20(a) of the Exchange Act and Rule 10b-5 promulgated thereunder, based on the same statements as the first complaint. In March 2022, the Court consolidated these two related securities class action lawsuits and appointed Andre Galan Bernd Benayon to serve as lead plaintiff. The lead plaintiff's amended complaint was filed in June 2022. In March 2023, the Court granted the Company's motion to dismiss with prejudice. The lead plaintiff appealed to the United States Court of Appeals for the Third Circuit regarding the order that was entered in March 2023, which dismissed the action with prejudice. The lead plaintiff's appellant's brief and joint appendix were filed in July 2023. The Company's brief was filed in August 2023, and the lead plaintiff's reply brief was filed in September 2023. In March 2024, the Third Circuit affirmed the Court's decision to dismiss with prejudice the consolidated securities class action lawsuits. In August 2021, a stockholder derivative lawsuit was filed derivatively on behalf of the Company against certain of the Company's agents and the nominal defendant Ocugen in the Court (Case No. 2:21-cv-03876) that purported to state a claim for breach of fiduciary duty and contribution for violations of Sections 10(b) and 21(d) of the Securities Exchange Act, based on facts and circumstances relating to the securities class action lawsuits and seeking contribution and indemnification in connection with claims asserted in the securities class action lawsuits. In September 2021, a second stockholder derivative lawsuit was filed derivatively on behalf of the Company against certain of the Company's agents and the nominal defendant Ocugen in the Court (Case No. 2:21-cv-04169) that purported to state a claim for breach of fiduciary duties, unjust enrichment, abuse of control, waste of corporate assets, and contribution for violations of Sections 10(b) and 21(d) of the Exchange Act, based on the same allegations as the first complaint. The parties to both stockholder derivative lawsuits have stipulated to the consolidation of the two stockholder derivative lawsuits and also have submitted to the Court in each action a proposed order requesting a stay of the litigation pending a decision on any motion to dismiss filed in the securities class action lawsuits, which the Court entered in April 2022. In March 2023, the Court in the securities class action lawsuits granted the Company's motion to dismiss with prejudice. The parties to the stockholder derivative lawsuits stipulated to extend the stay of litigation pending resolution of any appeal filed in the securities class action lawsuits, which the Court entered in March 2023. About Ocugen Inc. Malvern, Pa.-based Ocugen, Inc. is a biotechnology company focused on discovering, developing, and commercializing novel gene and cell therapies, biologics, and vaccines that improve health and offer hope for patients across the globe. As of December 31, 2023, the Company had $64.5 million in total assets, $24 million in total liabilities, and $40.6 million in total stockholders' equity. Philadelphia, Pa.-based Ernst & Young LLP, the Company's auditor since 2018, issued a "going concern" qualification in its report dated April 16, 2024, citing that the Company has suffered recurring losses from operations and has stated that substantial doubt exists about the Company's ability to continue as a going concern. ORCHARD HOSPITAL: Vasquez Sues Over Unpaid Wages for Hospital Staff ------------------------------------------------------------------- KISHA VAZQUEZ, individually and on behalf of all others similarly situated, Plaintiff v. ORCHARD HOSPITAL, a California nonprofit corporation; and DOES 1 through 50, inclusive, Defendants, Case No. 24CV00755 (Cal. Super., Butte Cty., March 7, 2024) is a class action against the Defendants for violations of California Labor Code and California's Business and Professions Code including failure to pay minimum wages, failure to pay wages and overtime, failure to provide meal breaks, failure to provide rest breaks, failure to maintain records, failure to reimburse necessary business expenses, and unfair business practices. The Plaintiff worked for the Defendants as non-exempt employee. Orchard Hospital is a healthcare provider in California. [BN] The Plaintiff is represented by: Timothy W. Emery, Esq. Emil Davtyan, Esq. David Yeremian, Esq. Alvin B. Lindsay, Esq. Jean Hopkins Power, Esq. D.LAW, INC. 880 E. Broadway Glendale, CA 91205 Telephone: (818) 962-6465 Facsimile: (818) 962-6469 Email: Emil@d.law d.yeremian@d.law a.lindsay@d.law jean@d.law PETTIT PLACE: Panzica Sues Over ADA Violations in E.D.N.Y. ---------------------------------------------------------- A class action lawsuit has been filed against Pettit Place Realty L.L.C., et al. The case is captioned as LISA PANZICA, individually and on behalf of all others similarly situated v. PETTIT PLACE REALTY L.L.C., et al., Case No. 2:24-cv-01766-NJC-ST (E.D.N.Y., March 10, 2024). The suit is brought over the Defendants' alleged violation of the Americans with Disabilities Act. Pettit Place Realty L.L.C. is a real estate company doing business in New York. [BN] The Plaintiff is represented by: James E. Bahamonde, Esq. JAMES E. BAHAMONDE, P.C. 2501 Jody Court North Bellmore, NY 11710 Telephone: (516) 783-9662 Facsimile: (646) 435-4376 Email: james@civilrightsny.com PHARMACARE US: Appeals Class Cert Ruling in Corbett Suit to 9th Cir ------------------------------------------------------------------- PHARMACARE U.S., INC. is taking an appeal from a court order granting in part and denying in part the Plaintiffs' motion for class certification in the lawsuit entitled Montiqueno Corbett, et al., individually and on behalf of and all others similarly situated, Plaintiffs, v. PharmaCare U.S., Inc., Defendant, Case No. 21-cv-0137, in the U.S. District Court for the Southern District of California. As previously reported in the Class Action Reporter, the Plaintiffs filed a putative class action against PharmaCare, asserting consumer protection and breach of warranty claims based on its Sambucol product, a dietary supplement that is alleged to contain a proprietary extract of black elderberry. On May 23, 2023, the Plaintiffs filed a motion for class certification. On July 28, 2023, the Defendant filed a motion to exclude testimony and expert reports of Plaintiffs' Class Experts J. Michael Dennis and Colin Weir. On Sept. 6, 2023, the Plaintiffs filed a motion to exclude testimony and expert reports of Defendant's experts Mark Keegan, Esq., and Dr. Keith Ugone. On Mar. 29, 2024, the Court granted in part and denied in part the Plaintiffs' motion for class certification through an Order entered by Judge James E. Simmons, Jr. The Court concluded that the Plaintiffs have met their burden to show that a class action is the superior method to adjudicate the class member's claims. Only the following classes were certified: (1) A California Subclass for the New Dietary Ingredient (NDI) Claim; (2) A Missouri Subclass for the NDI Claim; and (3) A California Subclass for the Disease Claim. Certification of the proposed nationwide classes were denied for the reasons stated in the Order under the Mazza analysis. Furthermore, the Court denied the Defendant's motion to exclude the testimony of J. Michael Dennis and Colin Weir and the Plaintiffs' motion to exclude testimony of Mark Keegan and Keith Ugone. The appellate case is captioned Corbett, et al. v. PharmaCare U.S., Inc., Case No. 24-2318, in the United States Court of Appeals for the Ninth Circuit, filed on April 12, 2024. [BN] PLAZA MOTORS: Sends Unsolicited Telemarketing Calls, Saar Alleges ----------------------------------------------------------------- A class action lawsuit has been filed against Plaza Motors, LLC. The case is captioned as OREN SAAR, individually and on behalf of all others similarly situated v. PLAZA MOTORS, LLC, Case No. 1:24-cv-01765-NCM-SJB (E.D.N.Y., March 10, 2024). The suit is brought over the Defendant's alleged violation of the Telephone Consumer Protection Act. Plaza Motors, LLC is a used car dealer in Tulsa, Oklahoma. [BN] The Plaintiff is represented by: Stefan Louis Coleman, Esq. COLEMAN, PLLC 11 Broadway, Suite 615 New York, NY 10001 Telephone: (877) 333-9427 Email: law@stefancoleman.com PSP FRANCHISING: Howard Sues Over PUMP Act Breaches --------------------------------------------------- GLORIEL HOWARD, on behalf of herself and all others similarly situated, Plaintiff v. PSP FRANCHISING, LLC, PSP STORES, LLC, PJJD, LLC, and ABC CORPORATIONS 1-429 d/b/a Pet Supplies Plus, Defendants, Case No. 2:24-cv-10962-SKD-EAS (E.D. Mich., April 12, 2024) seeks redress for Defendants' violations of the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) as well as seeks injunctive and declaratory relief, compensatory and punitive damages, reasonable attorneys' fees, litigation costs, and pre-and post-judgment interest. Plaintiff Howard commenced employment in 2011, became a manager in 2014, and gave birth to her child in March 2022. When she returned to work in April 2022, she requested a private space to pump milk, but Defendants refused to provide one. The Defendants deprived Plaintiff of her rights as a nursing mother guaranteed by the PUMP Act to a clean and secure space to pump milk for her infant child. As a result, Plaintiff experienced anxiety, discomfort, and emotional distress, says the suit. Based in Livonia, MI, PSP Franchising is the franchisor of Pet Supplies Plus, a specialty pet store chain. [BN] The Plaintiff is represented by: Allison R. Lucas, Esq. SIRI & GLIMSTAD LLP 200 West Congress Street 2nd Floor Detroit, MI 48226 Telephone: (313) 251-9161 Facsimile: (646) 417-5967 E-mail: alucas@sirillp.com - and - Lisa R. Considine, Esq. Oren Faircloth, Esq. SIRI & GLIMSTAD LLP 745 Fifth Avenue, Suite 500 New York, NY 10151 Telephone: (212) 532-1091 Facsimile: (646) 417-5967 E-mail: lconsidine@sirillp.com ofaircloth@sirillp.com RDO EQUIPMENT: Appeals Arbitration Bid Denial in Munoz Labor Suit ----------------------------------------------------------------- RDO EQUIPMENT COMPANY is taking an appeal from a court order denying its motion to compel individual arbitration and dismiss or stay action in the lawsuit entitled Simon Munoz, individually and on behalf of and all others similarly situated, Plaintiff, v. RDO Equipment Company, Defendant, Case No. 1:23-cv-00979-DAD-AC, in the U.S. District Court for the Eastern District of California. As previously reported in the Class Action Reporter, the lawsuit, which was removed from the Superior Court of the State of California for the County of Stanislaus to the United States District Court for the Eastern District of California, is brought against the Defendant for violations of California Labor Code and California's Unfair Competition Law. On July 10, 2023, the Defendant filed a motion to compel individual arbitration and dismiss or stay action, which the Court denied through an Order entered by Judge Dale A. Drozd on Mar. 22, 2024. The Court concluded that the Defendant has failed to prove the existence of an express agreement to arbitrate. The appellate case is captioned Munoz v. RDO Equipment Company, Case No. 24-2356, in the United States Court of Appeals for the Ninth Circuit, filed on April 15, 2024. The briefing schedule in the Appellate Case states that: -- Appellant's Mediation Questionnaire was due April 22, 2024; -- Appellant's Appeal Opening Brief is due on May 28, 2024; and -- Appellee's Appeal Answering Brief is due on June 28, 2024. [BN] REALPAGE INC: Goldman Antitrust Suit Consolidated to MDL No. 3071 ----------------------------------------------------------------- The case styled JASON GOLDMAN et al., individually and on behalf of all others similarly situated v. REALPAGE, INC., et al., Case No. 3:24-cv-00272, was terminated in the U.S. District Court for the Middle District of Tennessee on March 7, 2024. The Goldman case has been consolidated in MDL No. 3071, In Re: Realpage, Inc., Rental Software Antitrust Litigation. The case is assigned to the Hon. Judge Waverly D. Crenshaw, Jr. The case arises from the Defendants' violations of federal antitrust laws and state laws by engaging in a nationwide conspiracy to fix and inflate the price of multifamily rental housing across the country. The Defendants conspired to limit supply and raise multifamily rental housing prices, causing substantial damages to the Plaintiffs and other members of the Class whose ability to obtain affordable housing depended on getting competitive prices for the units they rented, says the suit. RealPage, Inc. is a software company headquartered in Richardson, Texas. [BN] The Plaintiffs are represented by: Tricia R. Herzfeld, Esq. Anthony A. Orlandi, Esq. HERZFELD SUETHOLZ GASTEL LENISKI AND WALL, PLLC 223 Rosa L. Parks Avenue, Suite 300 Nashville, TN 37203 Telephone: (615) 800-6225 Email: tricia@hsglawgroup.com tony@hsglawgroup.com - and - Patrick J. Coughlin, Esq. Carmen A. Medici, Esq. Fatima Brizuela, Esq. SCOTT+SCOTT ATTORNEYS AT LAW LLP 600 West Broadway, Suite 3300 San Diego, CA 92101 Telephone: (619) 798-5325 Facsimile: (619) 233-0508 Email: pcoughlin@scott-scott.com cmedici@scott-scott.com fbrizuela@scott-scott.com - and - Patrick McGahan, Esq. Michael Srodoski, Esq. G. Dustin Foster, Esq. Isabella De Lisi, Esq. SCOTT+SCOTT ATTORNEYS AT LAW LLP 156 South Main Street P.O. Box 192 Colchester, CT 06145 Telephone: (860) 537-5537 Facsimile: (860) 537-4432 Email: pmcgahan@scott-scott.com msrodoski@scott-scott.com gfoster@scott-scott.com idelisi@scott-scott.com - and - Stacey Slaughter, Esq. Thomas J. Undlin, Esq. Geoffrey H. Kozen, Esq. Stephanie Chen, Esq. J. Austin Hurt Esq. ROBINS KAPLAN LLP 800 LaSalle Avenue, Suite 2800 Minneapolis, MN 55402 Telephone: (612) 349-8500 Facsimile: (612) 339-4181 Email: sslaughter@robinskaplan.com tundlin@robinskaplan.com gkozen@robinskaplan.com schen@robinskaplan.com ahurt@robinskaplan.com - and - Swathi Bojedla, Esq. Mandy Boltax, Esq. HAUSFELD LLP 888 16th Street, N.W., Suite 300 Washington, DC 20006 Telephone: (202) 540-7200 Email: sbojedla@hausfeld.com mboltax@hausfeld.com - and - Gary I. Smith, Jr., Esq. HAUSFELD LLP 600 Montgomery Street, Suite 3200 San Francisco, CA 94111 Telephone: (415) 633-1908 Email: gsmith@hausfeld.com - and - Katie R. Beran, Esq. HAUSFELD LLP 325 Chestnut Street, Suite 900 Philadelphia, PA 19106 Telephone: (215) 985-3270 Email: kberan@hausfeld.com REBEL DAWG: Rivera et al. Sue Over Labor Law Violations ------------------------------------------------------- Anais Rivera, Catherine Karnoff, Chloe Lyttles, Meghan Sever, and Richmond Jeffrey, on behalf of themselves and others similarly situated in the proposed FLSA Collective Action, Plaintiffs v. Rebel Dawg, Inc., Stacie Amador, and David Yett, Defendants, Case No. 1:24-cv-02765 (E.D.N.Y., April 12, 2024) alleges violations of the Fair Labor Standards Act (FLSA), and violations of Articles 6 and 19 of the New York State Labor Law (NYLL) and their supporting New York State Department of Labor regulations. One of the Plaintiffs, Anais Rivera, was employed as a production worker and general worker from on or around March 2020 to, through and including May 2021. Plaintiff Rivera regularly worked in excess of 40 hours per week but was not paid proper minimum and overtime wages. Accordingly, Rivera and other Plaintiffs seek injunctive and declaratory relief and to recover unpaid overtime wages, unpaid spread-of-hours, liquidated and statutory damages, pre- and post-judgment interest, FLSA, NYLL, and the NYLL's Wage Theft Prevention Act. Rebel Dawg is an apparel and accessories company, located at 61 Greenpoint Avenue, Brooklyn, NY. [BN] The Plaintiffs is represented by: Joshua Levin-Epstein, Esq. Jason Mizrahi, Esq. LEVIN-EPSTEIN & ASSOCIATES, P.C. 60 East 42nd Street, Suite 4700 New York, NY 10165 Telephone: (212) 792-0046 E-mail: Joshua@levinepstein.com SONY INTERACTIVE: Furdock Sues Over Debt Collection Practices ------------------------------------------------------------- MICHAEL FURDOCK, individually and on behalf of all others similarly situated, Plaintiff v. SONY INTERACTIVE ENTERTAINMENT LLC, Defendant, Case No. 24-001714-CI (Fla. Cir., Pinellas Cty., April 17, 2024) seeks to stop the Defendant's unfair and unconscionable means to collect a debt. SONY INTERACTIVE ENTERTAINMENT LLC is an American multinational video game and digital entertainment company of Sony. [BN] The Plaintiff is represented by: Jibrael S. Hindi, Esq. Jennifer G. Simil, Esq. Zane C. Hedaya, Esq. Gerald D. Lane, Jr., Esq. THE LAW OFFICES OF JIBRAEL S. HINDI 110 SE 6th Street, Suite 1744 Fort Lauderdale, FL 33301 Telephone: (954) 907-1136 Email: jibrael@jibraellaw.com jen@jibraellaw.com zane@jibraellaw.com gerald@jibraellaw.com STRATEGIC DELIVERY: Class Cert Bid Filing in Asenseh Due August 22 ------------------------------------------------------------------ In the class action lawsuit captioned as Asenseh v. Strategic Delivery Solutions, LLC, Case No. 1:24-cv-10997 (D. Mass., Filed April 16, 2024), the Hon. Judge Richard G. Stearns entered an order setting the following pretrial schedule as follows: -- Disclosures required by Fed. R. Civ. P. May 17, 2024 26(a)(1) will be completed by: -- If there is disagreement as to the Aug. 5. 2024 delineation of the plaintiff class, class discovery will be completed by: -- Class certification motions will be Aug. 22, 2024 filed by: with any opposition by: Sept. 5, 2024 -- If there is no disagreement as to Nov. 6, 2024 delineation of the class (the class parameters appear clear), all fact discovery will be completed by: -- If class discovery and certification Jan. 6, 2025 is necessary, all fact discovery will be completed by: The nature of suit alleges violation of the labor litigation. Strategic provides strategic delivery solutions to health systems, including clinical leadership, quality management, and risk management.[CC] SUBARU OF AMERICA: Amato Suit Seeks to Certify Class ---------------------------------------------------- In the class action lawsuit captioned as JOSEPH AMATO, et al., individually and on behalf of all others similarly situated, v. SUBARU OF AMERICA, INC. and SUBARU CORPORATION, Case No. 1:18-cv-16118-JHR-AMD (D.N.J.), the Plaintiff asks the Court to enter an order as follows: (i) Class Certification of the within matter; (ii) appointment of Plaintiffs as class representatives of said class or classes; and (iii) appointment of Kantrowitz, Goldhamer & Graifman, P.C. and Thomas P. Sobran, P.C. as class counsel. Subaru is the United States-based distributor of Subaru's brand vehicles. A copy of the Plaintiffs' motion dated April 30, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=FylGWn at no extra charge.[CC] The Plaintiffs are represented by: Gary S. Graifman, Esq. Daniel Edelman, Esq. KANTROWITZ, GOLDHAMER & GRAIFMAN, P.C. 135 Chestnut Ridge Montvale, NJ 07645 Telephone: (201) 391-7000 Facsimile: (201) 307-1086 E-mail: ggraifman@kgglaw.com dedelman@kgglaw.com - and - Thomas P. Sobran, Esq. THOMAS P. SOBRAN, P.C. 7 Evergreen Lane Hingham, MA 02043 Telephone: (781) 741-6075 Facsimile: (781) 741-6074 E-mail: tsobran@sobranlaw.com SUBARU OF AMERICA: Aquino Suit Seeks Class Certification -------------------------------------------------------- In the class action lawsuit captioned as RICARDO AQUINO, et al., individually and on behalf of all others similarly situated, v. SUBARU OF AMERICA, INC. and SUBARU CORPORATION, Case No. 1:22-cv-00990-JHR-AMD (D.N.J.), the Plaintiff asks the Court to enter an order as follows: (i) Class Certification of the within matter; (ii) appointment of Plaintiffs as class representatives of said class or classes; and (iii) appointment of Kantrowitz, Goldhamer & Graifman, P.C. and Thomas P. Sobran, P.C. as class counsel. Subaru is the United States-based distributor of Subaru's brand vehicles. A copy of the Plaintiffs' motion dated April 30, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=GeKEsx at no extra charge.[CC] The Plaintiffs are represented by: Gary S. Graifman, Esq. Daniel Edelman, Esq. KANTROWITZ, GOLDHAMER & GRAIFMAN, P.C. 135 Chestnut Ridge Montvale, NJ 07645 Telephone: (201) 391-7000 Facsimile: (201) 307-1086 E-mail: ggraifman@kgglaw.com dedelman@kgglaw.com - and - Thomas P. Sobran, Esq. THOMAS P. SOBRAN, P.C. 7 Evergreen Lane Hingham, MA 02043 Telephone: (781) 741-6075 Facsimile: (781) 741-6074 E-mail: tsobran@sobranlaw.com TARGET CORP: Miller, Judt Sue Over Harmful Acne Treatment Products ------------------------------------------------------------------ BRIA MILLER and JORDAN JUDT, on behalf of themselves and a class of all others similarly situated, Plaintiffs v. TARGET CORPORATION, Defendant, Case No. 0:24-cv-01323-ECT-JFD (D. Minn., April 12, 2024) arises from Defendant's manufacturing, distribution, advertising, marketing, and sale of Up&Up branded benzoyl peroxide acne treatment products (BPO Products). The Plaintiffs allege that the Defendant failed to disclose or warn that the said products contain and/or degrade into dangerously levels of benzene, a known human carcinogen. Accordingly, Plaintiffs seek damages, reasonable attorneys' fees and costs, interest, restitution, other equitable relief, including an injunction and disgorgement of all benefits and profits Defendant received from misconduct. Headquartered in Minneapolis, MN, Target Corporation owns and operates the website https://www.target.com/ and markets and distributes dermatology products, including the BPO Products, in the U.S. Market. [BN] The Plaintiffs are represented by: Robert K. Shelquist, Esq. Rebecca A. Peterson, Esq. Krista K. Freier, Esq. LOCKRIDGE GRINDAL NAUEN PLLP 100 Washington Avenue South Suite 2200 Minneapolis, MN 55401 Telephone: (612) 339-6900 Facsimile: (612) 339-0981 E-mail: rkshelquist@locklaw.com rapeterson@locklaw.com kkfreier@locklaw.com - and - Mark S. Reich, Esq. Courtney E. Maccarone, Esq. Melissa Meyer, Esq. LEVI & KORSINSKY, LLP 33 Whitehall Street, 17th Floor New York, NY 10006 Telephone: (212) 363-7500 Facsimile: (212) 363-7171 E-mail: mreich@zlk.com cmaccarone@zlk.com mmeyer@zlk.com TOMINO LLC: Sierra Sues Over Nonpayment of Proper Wages ------------------------------------------------------- ORMANDY SIERRA, on behalf of himself and others similarly situated, Plaintiff v. TOMINO LLC d/b/a TOMIÑO TABERNA GALLEGA, VICTOR GONZALEZ, PHIL GONZALEZ, and MARCO GONZALEZ, Defendants, Case No. 1:24-cv-02795 (S.D.N.Y., April 12, 2024) arises out of Defendants' violations of the Fair Labor Standards Act and the New York Labor Law. Plaintiff Sierra was employed by Defendants as a server from approximately October 2017 until June 2023. Despite Plaintiff regularly working more than 40 hours in one week, Defendant did not pay Plaintiff any overtime premiums for hours he worked in excess of 40. The Plaintiff was only paid an hourly rate that was lower than the full minimum wage. In addition, the Defendants required Plaintiff to pool his tips each night. However, the tip-pool at Tomino illegally included the individuals who had supervisory control over other members of the food-service staff, says the suit. Tomino LLC owns and operates the restaurant Tomino Taberna Gallega located in Manhattan. [BN] The Plaintiff is represented by: D. Maimon Kirschenbaum, Esq. Josef Nussbaum, Esq. JOSEPH & KIRSCHENBAUM LLP 32 Broadway, Suite 601 New York, NY 10004 Telephone: (212) 688-5640 Facsimile: (212) 981-9587 TRICIDA INC: Pardi Seeks to Certify Rule 23 Class Action -------------------------------------------------------- In the class action lawsuit captioned as MICHAEL PARDI, Individually and on Behalf of All Others Similarly Situated, v. TRICIDA, INC. and GERRITT KLAERNER, Case No. 4:21-cv-00076-HSG (N.D. Cal.), the Plaintiff, on Sept. 12, 2024, will ask the Court to enter an order: (i) certifying a class action pursuant to Federal Rule of Civil Procedure 23(a) and (b)(3); (ii) appointing Plaintiff as Class Representative; and (iii) appointing Lead Counsel Block & Leviton LLP as Class Counsel. On March 11, 2024, the Court issued an Order Granting in Part and Denying in Part Defendant Gerrit Klaerner's Motion to Dismiss the Second Amended Complaint, which incorporated the Court's prior holdings in its July 29, 2022 Order Granting in Part andDenying in Part Klaerner and Tricida, Inc.'s Motion to Dismiss the First Amended Complaint. The Court found the Second Amended Complaint pleads actionable claims under Section 10(b) of the Securities Exchange Act of 1934, with respect to the Defendant Klaerner's May 7, 2020 statements about the late-cycle meeting held May 1, 2020 with the Food and Drug Administration. The Lead Plaintiff now moves to certify a class under Rules 23(a) and (b)(3), consisting of all persons or entities who purchased or otherwise acquired common stock of Tricida, Inc. during the period from May 8, 2020 to February 25, 2021, inclusive, excluding defendant, Tricida, Inc., and numerous related parties specified in the attached memorandum. Excluded from the Class are Defendant and Tricida, Inc. and their families, the officers, directors, and affiliates of the Defendant and Tricida, Inc., at all relevant times, members of their immediate families and their legal representatives, heirs, successors or assigns, and any entity in which Defendant or Tricida, Inc. have or had a controlling interest. Tricida is a clinical-stage pharmaceutical and drug discovery company. A copy of the Plaintiff's motion dated April 30, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=zZrBUT at no extra charge.[CC] The Plaintiff is represented by: Jeffrey C. Block, Esq. Michael D. Gaines, Esq. Jacob A. Walker, Esq. BLOCK & LEVITON LLP 260 Franklin Street, Suite 1860 Boston, MA 02110 Telephone: (617) 398-5600 Facsimile: (617) 507-6020 E-mail: jeff@blockleviton.com michael@blockleviton.com jake@blockleviton.com TWO JINN: Medina Plaintiffs Seek to Seal Class Cert Docs -------------------------------------------------------- In the class action lawsuit captioned as SARA MEDINA and ALICIA MARTINEZ, individually and on behalf of all others similarly situated, v. TWO JINN, INC., a California corporation, d/b/a ALADDIN BAIL BONDS, and ADLER WALLACH & ASSOCIATES, INC., a California corporation, d/b/a AWA COLLECTIONS, Case No. 3:22-cv-02540-RFL (N.D. Cal.), the Plaintiffs ask the Court to enter an order to consider whether another Party's material should be sealed, filed in connection with the Plaintiffs' reply to the Defendants' oppositions to the Plaintiffs' motion to certify class. The Plaintiffs' reply, and the Exhibits and Declarations contain information that has been designated by either Two Jinn, AWA, or third-party Interprose as "Confidential" pursuant to the Parties' Stipulated Protective Order. All materials produced by the Defendants which the Plaintiffs have filed in connection with their Reply were designated by the Defendants in their entirety as "Confidential." The Plaintiffs largely disagree the material designated "Confidential" by the Defendants meets the stringent standard for sealing judicial records and reserve the right to respond to any arguments Defendants may marshal in support of sealing, pursuant to Civil Local Rules 7-11(b) and 79-5(f)(4) as well as the Parties' Stipulated Protective Order. Document Document Title Redacted Designating No. or Sealed Entity Supp. Excerpts from Transcript Sealed Two Jinn, Inc. Salahi of Nov. 17, 2023 30(b)(6) Decl., Deposition of Two Jinn Ex. 31 (Herb Mutter) Supp. Excerpts from Transcript of Sealed Adler Wallach & Salahi Dec. 21, 2023 30(b)(6) Associates, Inc. Decl., Deposition of AWA Ex. 32 (Marian Mapes) Two Jinn offers bail bond, payment options, and other legal services. A copy of the Plaintiffs' motion dated April 26, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=afozfN at no extra charge.[CC] The Plaintiffs are represented by: Rafey Balabanian, Esq. Aaron Lawson, Esq. Yaman Salahi, Esq. Julian Zhu, Esq. EDELSON PC 150 California Street, 18th Floor San Francisco, CA 94111 Telephone: (415) 212-9300 Facsimile: (415) 373-9435 E-mail: rbalabanian@edelson.com alawson@edelson.com ysalahi@edelson.com jzhu@edelson.com - and - Natasha Fernandez-Silber, Esq. EDELSON PC 350 North LaSalle Street, 14th Floor Chicago, IL 60654 Telephone: (773) 389-2242 Facsimile: (312) 589-6378 E-mail: nfernandezsilber@edelson.com UNITED CONCORDIA: Seeks Leave to File Opposition to Class Cert Bid ------------------------------------------------------------------ In the class action lawsuit captioned as BRIAN J. LYNGAAS, D.D.S., P.L.L.C., individually and as the representative of a class of similarly-situated persons, v. UNITED CONCORDIA COMPANIES, INC. and JOHN DOES 1-5, Case No. 2:21-cv-11604-JJCG-APP (E.D. Mich.), the Defendants ask the Court to enter an order granting motion to leave to file a brief reply in opposition to Plaintiff's motion for class certification. United Concordia provides dental insurance coverage and administration services. A copy of the Defendants' motion dated April 26, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=ML6L5l at no extra charge.[CC] The Defendants are represented by: Timothy J. Lowe, Esq. MCDONALD HOPKINS 39533 Woodward Ave, Suite 318 Bloomfield Hills, MI 48304 Telephone: (248) 220-1359 Facsimile: (248) 646-5075 E-mail: tlowe@mcdonaldhopkins.com - and - Justin J. Kontul, Esq. Timothy R. Carwinski, Esq. REED SMITH LLP 225 Fifth Avenue Pittsburgh, PA 15222 Telephone: (412) 288-3131 Facsimile: (412) 288-3063 E-mail: jkontul@reedsmith.com tcarwinski@reedsmith.com UNITED STATES: Volkova Seeks Leave to File Response to Gov't Filing ------------------------------------------------------------------- In the class action lawsuit captioned as Anastasiia Volkova v. USCIS, et al., Case No. 1:23-cv-07565-FB-LB (E.D.N.Y.), the Plaintiff asks the Court to enter an order granting a pre-motion conference regarding her request for leave to file a response to the government's filing. On March 14, 2024, Chief Magistrate Judge Bloom issued an Order recommending that this Court grant Plaintiff's motion for class certification. On April 2, 2024, this Court granted "the defendant's letter application to stay the filing of objections to MJ Bloom's pending oral Report and Recommendation as to class certification until after the Zoom settlement conference scheduled on April 8, 2024 before MJ Bloom." On April 12, 2024, this Court lifted the stay and ordered that the parties "serve and file any objections to MJ Bloom's Oral Report and Recommendation" by April 26, 2024. On April 26, 2024, the government filed Defendants' Objections to Chief Magistrate Judge Bloom's March 14, 2024 Report and Recommendation, ECF A copy of the Defendant's motion dated April 29, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=znJspz at no extra charge.[CC] The Plaintiff is represented by: Charlotte E. Loper, Esq. MOTLEY RICE LLC 28 Bridgeside Blvd. Mt. Pleasant, SC 29464 Telephone: (843) 216-9000 E-mail: cloper@motleyrice.com VANGUARD CHESTER: Filing for Class Cert Bid Modified to May 31 -------------------------------------------------------------- In the class action lawsuit RE: VANGUARD CHESTER FUNDS LITIGATION, Case No. 2:22-cv-00955-JFM (E.D. Pa.), the Hon. Judge John Murphy entered an order modifying class certification motions as follows: Event Current Date Proposed Date Plaintiffs' motion for class May 17, 2024 May 31, 2024 certification and any supporting expert report(s) Depositions of Plaintiffs' June 14, 2024 June 21, 2024 class certification expert(s) Defendants' opposition to June 28, 2024 July 19, 2024 Plaintiffs' class certification motion and any supporting expert report(s) Depositions of Defendants' class July 19, 2024 Aug. 8, 2024 certification expert(s) Plaintiffs' reply in support Aug. 2, 2024 Aug. 23, 2024 of their class certification motion The Court entered a Scheduling Order on Dec. 21, 2023, which included deadlines relating to the Plaintiffs' forthcoming motion for class Certification. A copy of the Court's order dated April 30, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=te3GMK at no extra charge.[CC] The Plaintiffs are represented by: Jacob A. Goldberg, Esq. Joshua Baker, Esq. Phillip Kim, Esq. Jonathan Stern, Esq. THE ROSEN LAW FIRM, P.A. 101 Greenwood Avenue, Suite 440 Jenkintown, PA 19046 Telephone: (215) 600-2817 Facsimile: (212) 202-3827 E-mail: jgoldberg@rosenlegal.com jbaker@rosenlegal.com pkim@rosenlegal.com jstern@rosenlegal.com The Defendants are represented by: Samuel W. Silver, Esq. WELSH & RECKER, P.C. 306 Walnut Street Philadelphia, PA 19106 Telephone: (267) 764-5492 E-mail: ssilver@welshrecker.com - and - Maeve L. O'Connor, Esq. Elliot Greenfield, Esq. Amy C. Zimmerman, Esq. DEBEVOISE & PLIMPTON LLP 66 Hudson Boulevard New York, NY 10001 Telephone: (212) 909-6000 E-mail: mloconnor@debevoise.com egreenfield@debevoise.com azimmerman@debevoise.com - and – Francis P. Devine, III, Esq. Michael E. Baughman, Esq. TROUTMAN PEPPER HAMILTON SANDERS LLP 3000 Two Logan Square Philadelphia, PA 19103-2799 Telephone: (215) 981-4290 E-mail: francis.devine@troutman.com michael.baughman@troutman.com - and – Daniel J. Kramer, Esq. Andrew J. Ehrlich, Esq. PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP 1285 Avenue of the Americas New York, NY 10019 Telephone: (212) 373-3000 Facsimile: (212) 757-3990 E-mail: dkramer@paulweiss.com aehrlich@paulweiss.com kammari@paulweiss.com VI-JON LLC: Loughlin Appeals Class Cert. Bid Denial to 1st Cir. --------------------------------------------------------------- KRISTINA LOUGHLIN is taking an appeal from a court order denying her motion for class certification in the lawsuit Kristina Loughlin, individually and on behalf of and all others similarly situated, Plaintiff, v. Vi-Jon, LLC, Defendant, Case No. 1:20-cv-11555-MLW, in the U.S. District Court for the District of Massachusetts. As previously reported in the Class Action Reporter, Kristina Loughlin has brought this action on behalf of herself and Massachusetts consumers who, within four years of the initial filing on Aug. 26, 2020, purchased hand sanitizer (Germ-X) manufactured by the Defendant. Loughlin alleges that the representation is deceptive and leads reasonable consumers to believe that Vi-Jon's Products are more effective at killing germs than they actually are. On April 10, 2023, the Defendant filed a motion for summary judgment. On April 28, 2023, the Plaintiff filed a motion for class certification. On March 29, 2024, the Court denied the Plaintiff's motion for class certification and the Defendant's motion for summary judgment through an Order entered by Judge Mark L. Wolf. The Court concluded that the Plaintiff has failed to demonstrate that all class members have suffered the same injury. The Court also found that the Defendant failed to demonstrate that there are no genuine disputes of material fact and that it is entitled to summary judgment as a matter of law. Therefore, the Court denied the Plaintiff's motion for class certification and the Defendant's motion for summary judgment. The Defendant's motion to exclude Plaintiff's microbiology expert, the Plaintiff's motion to compel defendant to produce discovery, the Defendant's motion to exclude Plaintiff's damages expert, and the Defendant's motion to exclude Plaintiff's survey expert were also denied as moot. The appellate case is captioned Kristina Loughlin v. Vi-Jon, LLC, Case No. 24-8014, in the United States Court of Appeals for the First Circuit, filed on April 12, 2024. [BN] Plaintiff-Petitioner KRISTINA LOUGHLIN, individually and on behalf of all others similarly situated, is represented by: Scott A. Kamber, Esq. KAMBERLAWLLC 201 Milwaukee Street, Suite 200 Denver, CO 80206 Telephone: (212) 920-3072 - and - Naomi B. Spector, Esq. KAMBERLAWLLP 1501 San Elijo Hills Rd., Suite 104-212 San Marcos, CA 92078 Telephone: (310) 400-1053 - and - Edward L. Manchur, Esq. LAW OFFICES OF EDWARD L. MANCHUR, P.C. P.O. Box 3156 Peabody, MA 01960 Telephone: (978) 333-1013 VOLVO CARS: Settlement Statements in Jenner Due May 20 ------------------------------------------------------ In the class action lawsuit captioned as JENNER v. VOLVO CARS OF NORTH AMERICA, LLC, Case No. 2:15-cv-06152 (D.N.J., Filed Aug. 12, 2015), the Hon. Judge Claire C. Cecchi entered an order directing to submit confidential status updates and settlement statements to the Court via fax (973-645-3841) no later than May 20, 2024. The parties' submissions shall not be filed on the docket. In the interests of justice and judicial economy, Plaintiff's motion for class certification and Defendant's motion for summary judgment shall be administratively terminated pending the Court's receipt of the parties' confidential statements. The nature of suit states diversity-fraud. Volvo manufactures, markets, and sells automobiles.[CC] WALGREEN CO: Bargetto Class Action Seeks to Seal Docs ----------------------------------------------------- In the class action lawsuit captioned as ELISA BARGETTO, on behalf of herself and all others similarly situated, v. WALGREEN CO., Case No. 3:22-cv-02639-TLT (N.D. Cal.), the Plaintiff asks the Court to enter an order to consider whether certain portions of the following materials filed in connection with Plaintiff's Reply in Support of Class Certification should be sealed: Ex. No. Document Portion(s) Basis for to Seal Sealing N/A Plaintiff’s Reply Highlighted Contains in Support of portions on reference/analysis Motion for Class page 5. of material Certification designated by Walgreen Co. as Confidential pursuant to the Stipulated Protective Order. Exhibit Excerpts Highlighted Designated by 6 to from the portions on Walgreen Co. as Reply deposition pages 49-50. Confidential Declaration of Kyle pursuant to the of Patrick Tunison Stipulated Carey In dated Protective Support of February Order. Plaintiff's 23, 2024 Motion for Class Certification Walgreen provides online medical products. The Company sells prescription refills, health info, contact lenses, and other products. A copy of the Court's order Plaintiff's motion Defendant's motion dated April 30, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=gKS3GF at no extra charge.[CC] The Plaintiff is represented by: Patrick Carey, Esq. Mary Haley Ousley, Esq. LEXINGTON LAW GROUP, LLP 503 Divisadero Street San Francisco, CA 94117 Telephone: (415) 913-7800 Facsimile: (415) 759-4112 E-mail: pcarey@lexlawgroup.com mhousley@lexlawgroup.com - and - Gideon Kracov, Esq. LAW OFFICE OF GIDEON KRACOV 801 S. Grand Ave., 11th Floor Los Angeles, CA 90017 Telephone: (213) 629-2071 Facsimile: (213) 623-7755 E-mail: gk@gideonlaw.net WALMART INC: Class Cert. Bid Filing Due March 29, 2025 ------------------------------------------------------ In the class action lawsuit captioned as DONALD WASHINGTON, et al., v. WALMART, Inc., Case No. 2:22-cv-03429-KBH (E.D. Pa.), the Hon. Judge Kelley Hodge entered a scheduling order as follows: -- The Parties shall submit a joint status May 28, 2024 report on the outcome of mediation by no later than: -- All remaining fact-discovery shall proceed Nov. 22, 2024 forthwith and continue in such a manner as will assure that all requests for, and responses to, discovery will be served, noticed, and completed by: -- The parties shall exchange curriculum vitae Dec. 23, 2024, and affirmative reports of expert witnesses regarding class certification on or before: -- Affirmative expert discovery shall be Jan. 29, 2025 concluded and responsive expert reports disclosed by no later than: -- Rebuttal reports to expert witness discovery Feb. 28, 2025 and all class certification expert discovery shall be completed by: -- Plaintiffs' motion for class certification March 29, 2025 shall be filed by no later than: -- Defendant's Opposition to Plaintiff's Motion April 28, 2025 for Class Certification shall be filed by no later than: -- Plaintiffs' Reply in support of their Motion May 29, 2025 for Class Certification shall be filed no later than: -- Dispositive motions shall be filed within May 29, 2025 60 days after either the conclusion of the class notice period or the denial of class certification, or, if Plaintiffs do not file a class certification motion, by: Walmart is an American multinational retail corporation that operates a chain of hypermarkets, discount department stores, and grocery stores in the United States. A copy of the Court's order dated April 29, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=gBu8QH at no extra charge.[CC] WASTE MANAGEMENT: Plaintiff Must File Class Cert Bid by June 14 --------------------------------------------------------------- In the class action lawsuit captioned as United Industrial Workers Pension Plan v. Waste Management, Inc. et al. (Waste Management Securities Litigation), Case No. 1:22-cv-04838-LGS (S.D.N.Y.), the Hon. Judge Lorna Schofield entered an order directing the Lead Plaintiff to file any motion for class certification and any expert reports in support by June 14, 2024. -- The Defendants shall file any opposition Aug. 16, 2024 and rebuttal expert reports in support by: -- Lead Plaintiff shall file any reply and Oct. 16, 2024 rebuttal expert response by: -- The Defendants shall file any motion for Oct. 30, 2024 leave to file a sur-reply by: -- The Defendants shall take any depositions July 31, 2024 in connection with Lead Plaintiff's motion for class certification by: -- Lead Plaintiff shall take any depositions Sept. 30, 2024 in connection with Defendants' opposition by: Waste Management is a waste management, comprehensive waste, and environmental services company. A copy of the Court's order dated April 29, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=Yaw2fb at no extra charge.[CC] The Plaintiff is represented by: Noam Mandel, 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. BAKER BOTTS LLP 910 Louisiana Street Houston, TX 77002 Telephone: (713) 229-1946 YWCA OF GREATER HARRISBURG: Tidwell Suit Gets Conditional Status ---------------------------------------------------------------- In the class action lawsuit captioned as HEATHER TIDWELL, individually and on behalf of all others similarly situated, V. YWCA OF GREATER HARRISBURG, Case No. 1:22-cv-00908-JKM (M.D. Pa.), the Hon. Judge Julia Munley will grant Plaintiff's motion for conditional certification. The Plaintiff Heather Tidwel file a motion for collective action certification pursuant to the Fair Labor Standards Act of 1938 ("FLSA"). The Plaintiff alleges that YWCA failed to pay overtime wages to plaintiff and other similarly situated employees. The Plaintiff now moves for conditional approval of an FLSA collective action and requests that the court facilitate notice to potential members of the opt-in class. YWCA opposes with arguments and evidence challenging the merits of plaintiff's claims. The parties have briefed their respective positions and this matter is now ripe for disposition. The Plaintiff asserts claims under the FLSA, Pennsylvania's Minimum Wage Act, and Pennsylvania's Wage Payment and Collection Law. The Plaintiff worked for YWCA as a case manager until October 2021 YWCA is a non-profit community organization. A copy of the Court's memorandum dated April 29, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=xHX7hp at no extra charge.[CC] ZARBEE'S INC: Class Cert Bid Filing in Lopez Modified to August 2 ----------------------------------------------------------------- In the class action lawsuit captioned as KRYSTAL LOPEZ and DAMANY BROWNE, individually and on behalf of all others similarly situated, v. ZARBEE'S, INC., Case No. 3:22-cv-04465-CRB (N.D. Cal.), the Hon. Judge Charles Breyer entered an order modifying case schedule as follows: Event Current Date New Date Substantial completion of May 3, 2024 June 7, 2024 document discovery Complete fact depositions June 14, 2024 July 12, 2024 Plaintiffs' motion for class June 28, 2024 Aug. 2, 2024 certification & any expert reports in support thereof Zarbee's opposition to class Aug. 23, 2024 Sept. 27, 2024 certification & any expert reports in support thereof Plaintiffs' reply in support of Sept. 20, 2024 Oct. 25, 2024 class certification Hearing on class certification Oct. 11, 2024 Nov. 8, 2024 motion Zarbee's produces pharmaceutical products. A copy of the Court's order dated April 29, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=pftdCG at no extra charge.[CC] The Plaintiff is represented by: Jonas B. Jacobson, Esq. Simon Franzini, Esq. DOVEL & LUNER, LLP 201 Santa Monica Blvd., Suite 600 Santa Monica, CA 90401 Telephone: (310) 656-7066 E-mail: jonas@dovel.com simon@dovel.com The Defendant is represented by: Gary T. Lafayette, Esq. Brian H. Chun, Esq. LAFAYETTE & KUMAGAI LLP 1300 Clay Street, Suite 810 Oakland, CA 94612 Telephone: (415) 357-4600 Facsimile: (415) 357-4605 E-mail: glafayette@lkclaw.com bchun@lkclaw.com - and - Steven A. Zalesin, Esq. Joshua Kipnees, Esq. PATTERSON BELKNAP WEBB & TYLER LLP 1133 Avenue of the Americas New York, NY 10036 Telephone: (212) 336-2110 Facsimile: (212) 336-2111 E-mail: sazalesin@pbwt.com jkipnees@pbwt.com ********* S U B S C R I P T I O N I N F O R M A T I O N Class Action Reporter is a daily newsletter, co-published by Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Washington, D.C., USA. Rousel Elaine T. Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L. Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors. Copyright 2024. All rights reserved. ISSN 1525-2272. This material is copyrighted and any commercial use, resale or publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. Information contained herein is obtained from sources believed to be reliable, but is not guaranteed. The CAR subscription rate is $775 for six months delivered via e-mail. Additional e-mail subscriptions for members of the same firm for the term of the initial subscription or balance thereof are $25 each. For subscription information, contact Peter A. Chapman at 215-945-7000. *** End of Transmission ***