/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/240516.mbx C L A S S A C T I O N R E P O R T E R Thursday, May 16, 2024, Vol. 26, No. 99 Headlines 2U INC: Discloses Personal Info to Third Parties, De la Paz Says ADVANCED MEDICAL: Bid for Initial OK of Settlement Deal Nixed ALLIANCE LIFTBOATS: Breaux Sues Over Nonpayment of Overtime Wages ALLSTREAM TECHNICAL: Bibbs Sues Over Worker Misclassification AMERICAN AIRLINES: Continues to Defend Private Party Antitrust Suit APPLE INC: Daines & Babb Sue Over Smartphone Market Monopolization ARBONNE INTERNATIONAL: Website Inaccessible to Blind, Karim Says AT&T INC: Garner et al. Sue Over Unsecured Customers' Private Info BERRICLE LLC: Website Inaccessible to Blind People, Karim Alleges BLUEGRASS HOSPITALITY: Faces Anderson Wage-and-Hour Class Suit BRINKER INT'L: Discovery Deadline Extended to July 12 CAROLINA AMATO: Website Inaccessible to Blind Users, Martinez Says CASEY'S GENERAL: Class Cert. Hearing Set for Sept. 30, 2025 CBIZ INC: Continues to Defend ERISA Class Suit in S.D.N.Y. CEC ENTERTAINMENT: Velazquez Suit Removed to C.D. California CELINE INC: Faces Martinez Suit Over Blind-Inaccessible Website CHHJ FRANCHISING: Fails to Pay Proper Overtime Wages, Abrams Claims COLBEA ENTERPRISES: Darden Bid to Certify Class Partly OK'd EIDP: Filing of Bid for Class Cert in Banks Amended to July 19 EQT TGHL EXPLORATION: Taylor Files Suit in N.D. West Virginia FEDEX GROUND: Bid to Maintain Documents Under Seal Tossed FLORIDA POWER: Continues to Defend Service Interruptions-Class Suit GENERAL MOTORS: Figlio and Gordin Sue Over Unconsented Data Sharing GOL LINHAS: June 14 Claims Filing Deadline Set GRIMMWAY ENTERPRISES: Hicks Class Cert Bid Tossed w/o Prejudice HERSHEY FEDERAL: Garman Files Suit in Pa. Ct. of Common Pleas KELLER WILLIAMS: Faces McFarlane Suit Over Profit Sharing Program KOOTENAI HEALTH: Faces Griffiths Suit Over Private Data Breach KORRES NATURAL: General Pretrial Management Entered in Tarr Suit KRAEMER NORTH: Court Certifies Class for Settlement Purposes LINCARE INC: Garate Suit Removed to S.D. California LOANDEPOT.COM: Class Cert Hearing in Kearns Continued to June 21 MAVERIK INC: Faces Dillard Suit Over PUMP Act Violations MULTIPLAN INC: Allegiance Health Management Sues Over Price Fixing NATROL LLC: Filing for Class Cert Bid Due Dec. 19 NEOGENOMICS INC: Continues to Defend Goldenberg Class Suit NESTLE USA: Partial Discovery Stayed Pending Class Cert Bid Ruling NEW YORK COMMUNITY: Court Consolidates Lemm and Miskey Actions PACIFIC GUARDIAN LIFE: Hardy Files Suit in D. Hawaii PINNACLE GROUP: Fernandez Wins Conditional Status Bid RECKITT BENCKISER: Riccio Suit Transferred to E.D. New York RIVIAN AUTOMOTIVE: Dietel Sues Over Misleading Statements RPM INTERNATIONAL: J&L Imperium Suit Transferred to S.D. New York S & C BRIDAL: Karim Sues over Blind-Inaccessible Website Design SANDUSKY, OH: Seeks More Time for Class Cert Response SEAGATE TECHNOLOGY: Seeks Dismissal of Consolidated Securities Suit SEAWORLD PARKS: Coppel Wins Bid for Class Certification SELECTQUOTE AUTO: Davis Bid to Compel Discovery Responses Tossed SIKA AG: Cal Prime Suit Transferred to S.D. New York SIKA AG: D'Onofrio General Suit Transferred to S.D. New York SIKA AG: H&S Ready Mix Suit Transferred to S.D. New York SIKA AG: Park Construction Suit Transferred to S.D. New York SIKA AG: Vera Construction Suit Transferred to S.D. New York SOUTHWEST AIRLINES: Seeks More Time to File Response SPECIALIZED LOAN: Fails to Pay Proper Overtime Wages, Butler Says STUBHUB INC: Hong Sues Over Deceptive Ticket Pricing Practices T-MOBILE US: Borzenkova Seeks Damages for Biometric Law Violations TAKEDA PHARMA: Filing of Class Cert Bid Due June 14 TANDYM GROUP: Faces Armstrong Data Breach Suit TAYLOR MORRISON: Continues to Defend Gundel Class Suit TD BANK: Faces Caraffa Suit Over Unlawful Private Info Disclosure TELADOC HEALTH: Dismissal of Consolidated Suit Under Appeal TJX COMPANIES: Embeds Spy Pixel Trackers in Emails, Campos Says TWITTER INC: Class Cert. Bid Filing in Ma Due June 17 TYCO FIRE: Camden City Sues Over Exposure to Toxic Chemicals TYSON FOODS: Colvin Wins Class Cert. Bid TYSON FOODS: McEntire Bid for Class Status OK'd USC: Class Cert Bid Filing Continued to Nov. 8 in Favell Suit USC: Class Cert Bid Filing Continued to Nov. 8 in Zarnowski Suit VALLEY MOUNTAIN: Neff Files Suit in Cal. Super. Ct. VANTAGE SUPPORTED: Green Seeks Proper Overtime Wages VMSB LLC: Bid for Leave to File Class Cert Opposition OK'd WARNER MUSIC: Class Cert Bid Filing in Hall Due July 26 WASHINGTON FINE WINE: Branson Suit Removed to W.D. Washington WAYNE COUNTY, MI: 26 Plaintiffs Dismissed from Harris Suit XEROX CORP: Filing of Bid for Class Cert Revised to Feb. 4, 2025 ********* 2U INC: Discloses Personal Info to Third Parties, De la Paz Says ---------------------------------------------------------------- HENRY DE LA PAZ, individually and on behalf of all others similarly situated, Plaintiff v. 2U, INC. and EDX, LLC, Defendant, Case No. 1:24-cv-11049 (D. Mass., April 19, 2024) accuses the Defendant of violating the Video Privacy Protection Act. Allegedly, Defendants disclose personally identifiable information to third parties, like Braze, Google, and Twilio. The Defendants disclose information to these third parties sufficient to identify Plaintiff and the Class members and the specific videos they watched, says the suit. Based in Cambridge, MA, edX, LLC is a Delaware limited liability company that owns and operates edX, a mobile application containing videos of online courses. [BN] The Plaintiff is represented by: James J. Reardon, Jr., Esq. REARDON SCANLON LLP 45 South Main Street, 3rd Floor West Hartford, CT 06107 Telephone: (860) 955-9455 Facsimile: (860) 920-5242 E-mail: james.reardon@reardonscanlon.com - and - Yitzchak Kopel, Esq. Max S. Roberts, Esq. Victoria X. Zhou, Esq. BURSOR & FISHER, P.A. 1330 Avenue of the Americas, 32nd Floor New York, NY 10019 Telephone: (646) 837-7150 Facsimile: (212) 989-9163 E-mail: ykopel@bursor.com mroberts@bursor.com vzhou@bursor.com - and - Joshua R. Wilner, Esq. BURSOR & FISHER, P.A. 1990 North California Blvd., Suite 940 Walnut Creek, CA 94596 Telephone: (925) 300-4455 Facsimile: (925) 407-2700 E-mail: jwilner@bursor.com ADVANCED MEDICAL: Bid for Initial OK of Settlement Deal Nixed ------------------------------------------------------------- In the class action lawsuit captioned as Anthony Brent, et al., v. ADVANCED MEDICAL MANAGEMENT, LLC et al, Case No. 1:23-cv-03254-JKB (D. Md.), the Hon. Judge James Bredar entered a memo denying the motion for preliminary approval of settlement agreement and the provisional certification of the Settlement Class. Advanced provides operational, administrative and technical healthcare management services. A copy of the Court's memorandum dated May 7, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=GQuapg at no extra charge.[CC] ALLIANCE LIFTBOATS: Breaux Sues Over Nonpayment of Overtime Wages ----------------------------------------------------------------- PATRICK BREAUX, on behalf of himself and all others similarly situated, Plaintiff v. ALLIANCE LIFTBOATS, LLC AND THE L/B MIAMI IN REM, HER ENGINES, TACKLE, EQUIPMENT, APPURTENANCES, ETC., Defendants, Case No. 2:24-cv-01000-SM-KWR (E.D. La., April 19, 2024) seeks to recover unpaid overtime wages and other damages from the Defendants pursuant to the Fair Labor Standards Act. Plaintiff Patrick Breaux, for the past thirteen years, has been a crane operator and a cook on vessels and liftboats. The Defendant misclassified Mr. Breaux and others similarly situated as exempt from state and federal overtime laws even though the services they performed is non-exempt work. Among other things, Defendant did not pay them overtime when they worked over 40 hours in an individual workweek, says the suit. Alliance Liftboats, LLC owns and operates the L/B Miami, the L/B Dallas, the L/B Charleston, and other vessels. [BN] The Plaintiff is represented by: Cayce C. Peterson, Esq. Jeffrey P. Green, Esq. Joseph B. Marino, III, Esq. JJC LAW LLC 111 Veterans Memorial Blvd. Heritage Plaza, Suite 810 Metairie, LA 70005 Telephone: (504) 513-8820 Facsimile: (504) 513-8824 E-mail: cayce@jjclaw.com jeff@jjclaw.com josh@jjclaw.com ALLSTREAM TECHNICAL: Bibbs Sues Over Worker Misclassification ------------------------------------------------------------- AARON BIBBS, on behalf of himself and all similarly situated individuals, Plaintiff v. ALLSTREAM TECHNICAL CONSULTANTS, INC., STEVE EPPOLITO, and CLAYTON STOKES, Defendants, Case No. 4:24-cv-01442 (S.D. Tex., April 19, 2024) accuses the Defendants of violating the Fair Labor Standards Act by misclassifying its inspectors as independent contractors. The Defendants hired Plaintiff Bibbs in September of 2018 to conduct inspections for oil and gas operations. Plaintiff generally worked 12 hour days, often Monday through Sunday. However, Defendants did not pay Plaintiff or any of the similarly situated workers time-and-a-half for any of the overtime hours that they worked for Defendants, says the suit. Headquartered in Houston, TX, Allstream Technical Consultants, Inc. provides technical, quality assurance, and management services to the upstream midstream, and downstream sectors of the oil and gas industry. [BN] The Plaintiff is represented by: Thomas H. Padgett, Jr., Esq. Josef F. Buenker, Esq. THE BUENKER LAW FIRM P.O. Box 10099 Houston, TX 77206 Telephone: (713) 868-3388 Facsimile: (713) 683-9940 E-mail: tpadgett@buenkerlaw.com jbuenker@buenkerlaw.com AMERICAN AIRLINES: Continues to Defend Private Party Antitrust Suit ------------------------------------------------------------------- American Airlines Group Inc. disclosed in its Form 20-F Report for the fiscal period ending December 31, 2023 filed with the Securities and Exchange Commission on April 25, 2024, that the Company continues to defend itself from the private party antitrust class suit in the United States District Court for the Eastern District of New York. On December 5, 2022 and December 7, 2022, two private party plaintiffs filed putative class action antitrust complaints against American and JetBlue in the U.S. District Court for the Eastern District of New York alleging that American and JetBlue violated U.S. antitrust law in connection with the previously disclosed NEA. These actions were consolidated on January 10, 2023. The private party plaintiffs filed an amended consolidated complaint on February 3, 2023. On February 2, 2023 and February 15, 2023, private party plaintiffs filed two additional putative class action antitrust complaints against American and JetBlue in the U.S. District Court for the District of Massachusetts and the U.S. District Court for the Eastern District of New York, respectively. In March 2023, American filed a motion in the U.S. District Court for the District of Massachusetts case asking to transfer the case to the U.S. District Court for the Eastern District of New York and consolidate it with the cases pending in that venue. The U.S. District Court for the District of Massachusetts granted that motion. The remaining cases were consolidated with the other actions in the Eastern District of New York. In June 2023, the private party plaintiffs filed a second amended consolidated complaint, followed by a third amended complaint filed in August 2023. In September 2023, American, together with JetBlue, filed a motion to dismiss the third amended complaint, and that motion remains pending. American believes these lawsuits are without merit and is defending against them vigorously. Headquartered in Fort Worth, Texas, American Airlines Group Inc. operates an airline. APPLE INC: Daines & Babb Sue Over Smartphone Market Monopolization ------------------------------------------------------------------ TORY DAINES and SARAH BABB, individually and on behalf of all others similarly situated, Plaintiffs v. APPLE INC., Defendant, Case No. 2:24-cv-05359 (D.N.J., April 19, 2024) arises from Defendant's anticompetitive and monopolistic practices in the smartphone market that resulted to artificially inflated prices of iPhones. According to the complaint, Apple unlawfully maintained a smartphone monopoly by, among other means, suppressing the following five key technologies that otherwise would have stimulated competition in the smartphone market: super apps, cloud streaming game apps, messaging apps, smartwatches, and digital wallets. Accordingly, Plaintiffs allege that the Defendant violated the Sherman Act and demand a trial by jury and treble damages, injunctive relief, and other appropriate relief based on Defendant's illicit monopolization. Headquartered Cupertino, CA, Apple Inc. is technology company that designs, develops, and sells consumer electronics, computer software, and online services. [BN] The Plaintiffs are represented by: Michelle C. Clerkin, Esq. SPIRO HARRISON & NELSON 40 Exchange Place, Suite 1404 New York, NY 10005 Telephone: (646) 880-8850 Facsimile: (973) 232-0887 E-mail: mclerkin@shnlegal.com - and - David B. Harrison, Esq. Eric H. Jaso, Esq. Joseph M. Esposito, Esq. Alexandria D. Martinez, Esq. SPIRO HARRISON & NELSON 363 Bloomfield Avenue, Suite 2C Montclair, NJ 07042 Telephone: (973) 509-9521 Facsimile: (973) 232-0887 E-mail: dharrison@shnlegal.com ejaso@shnlegal.com jesposito@shnlegal.com amartinez@shnlegal.com - and - Jason C. Spiro, Esq. SPIRO HARRISON & NELSON 200 Monmouth Street, Suite 310 Red Bank, NJ 07701 Telephone: (732) 784-1470 Facsimile: (973) 232-0887 E-mail: jspiro@shnlegal.com - and - Rachel Dapeer, Esq. DAPEER LAW, P.A. 20900 NE 30th Avenue, #417 Aventura, FL 33180 Telephone: (954) 799-5914 E-mail: rachel@dapeer.com ARBONNE INTERNATIONAL: Website Inaccessible to Blind, Karim Says ---------------------------------------------------------------- JESSICA KARIM, on behalf of herself and all others similarly situated, Plaintiff v. Arbonne International, LLC, Defendant, Case No. 1:24-cv-02998-GHW (S.D.N.Y., April 19, 2024) arises from Defendant's failure to design, construct, maintain, and operate their website to be fully accessible to and independently usable by Plaintiff and other blind or visually-impaired persons in violation of Plaintiff's rights under the Americans with Disabilities Act. The Defendant failed and refused to remove access barriers to Arbonne.com, blind individuals have been and are being denied equal access to Arbonne International, as well as to the numerous goods, services and benefits offered to the public through Arbonne.com, says the suit. Headquartered in Arbonne International controls and operates Arbonne.com, a commercial website that offers several products, including skincare and makeup products. [BN] The Plaintiff is represented by: Gabriel A. Levy, Esq. GABRIEL A. LEVY, P.C. 1129 Northern Blvd, Suite 404 Manhasset, NY 11030 Telephone: (347) 941-4715 E-mail: Glevyfirm@gmail.com AT&T INC: Garner et al. Sue Over Unsecured Customers' Private Info ------------------------------------------------------------------ COURTNEY GARNER, JERYL LUCIANI, and MICHAEL CRAIN, on behalf of themselves and a class of similarly situated persons, Plaintiffs v. AT&T, INC., Defendant, Case No. 3:24-cv-00962-B (N.D. Tex., April 19, 2024) arises from a massive data breach that impacts 73 million of Defendant's customers and assert claims for negligence, negligence per se, gross negligence, breach of express contracts, breach of implied contracts, breach of implied duty of good faith and fair dealing, unjust enrichment, and for violations of several state consumer protection laws, including Florida Deceptive and Unfair Trade Practices Act. According to the complaint, AT&T has admitted that hackers gained access to customer information and may have obtained full names, email addresses, mailing addresses, phone numbers, Social Security numbers, dates of birth, AT&T account numbers, and passcodes. Accordingly, Plaintiffs seek to remedy these harms on behalf of themselves and all similarly situated individuals whose private information was accessed during the data breach. Headquartered in Dallas, TX, AT&T, Inc. provides Internet, landline, television and wireless voice and data services throughout the United States, including for approximately 241 million cellular network subscribers. [BN] The Plaintiffs are represented by: Robert C. Hilliard, Esq. HILLIARD LAW 719 S. Shoreline Blvd. Corpus Christi, TX 78401 Telephone No.: (361) 882-1612 Facsimile No: (361) 882-3015 - and - Thomas E. Loeser, Esq. Karin B. Swope, Esq. COTCHETT PITRE & MCCARTHY LLP 999 N. Northlake Way, Suite 215 Seattle, WA 98103 Telephone: (206) 802-1272 Facsimile: (650) 697-0577 E-mail: tloeser@cpmlegal.com kswope@cpmlegal.com - and - Andrew F. Kirtley, Esq. Gia Jung, Esq. San Francisco Airport Office Center 840 Malcolm Road, Suite 200 Burlingame, CA 94010 Telephone: (650) 697-6000 Facsimile: (650) 697-0577 E-mail: akirtley@cpmlegal.com.com Gjung@cpmlegal.com BERRICLE LLC: Website Inaccessible to Blind People, Karim Alleges ----------------------------------------------------------------- JESSICA KARIM, on behalf of herself and all others similarly situated, Plaintiff v. Berricle, LLC, Defendant, Case No. 1:24-cv-03005-JPO (S.D.N.Y., April 19, 2024) accuses the Defendant of violating the Americans with Disabilities Act, the New York State Human Rights Law, and the New York State Civil Rights Law by failing to design, construct, maintain, and operate their website to be fully accessible to and independently usable by Plaintiff and other blind or visually-impaired persons. Despite readily available accessible technology, Berricle failed to remove access barriers of its website. Accordingly, Plaintiff seeks a permanent injunction to cause a change in Berricle's policies, practices, and procedures to that Defendant's website will become and remain accessible to blind and visually-impaired consumers. She also seeks compensatory damages to compensate Class members for having been subjected to unlawful discrimination. Headquartered in Whitestone, NY, Berricle, LLC owns and operates Berricle.com, a commercial website that offers several products for online sale, including jewelry. [BN] The Plaintiff is represented by: Gabriel A. Levy, Esq, Esq. GABRIEL A. LEVY, P.C. 1129 Northern Blvd, Suite 404 Manhasset, NY 11030 Telephone: (347) 941-4715 E-mail: Glevyfirm@gmail.com BLUEGRASS HOSPITALITY: Faces Anderson Wage-and-Hour Class Suit --------------------------------------------------------------- SABINA ANDERSON and PAUL PRESTARRI, on behalf of themselves and all others similarly situated v. BLUEGRASS HOSPITALITY GROUP, LLC and BLUEGRASS HOSPITALITY MANAGEMENT, LLC, Case No. 5:24-cv-00110 (E.D. Ky., April 23, 2024) accuses the Defendants of violating the Fair Labor Standards Act and the Kentucky Wages and Hours Act. The Plaintiffs were employed by Defendants as "tip credit employees", working as servers at Defendants’ two restaurants in Lexington, Kentucky. According to Plaintiffs, the Defendants failed to pay them at the statutory minimum wage rate and did not properly compensate them for all overtime hours worked. Additionally, the Defendants allegedly violated the tip credit provisions of the FLSA and the KWHA by failing to satisfy the notice requirement for taking the tip credit, requiring Plaintiffs to spend substantial amounts of time performing non-tip-producing tasks throughout their shift, and requiring them to remit their tips to a tip pool for distribution among other employees, say the Plaintiffs. Bluegrass Hospitality Group, LLC is a restaurant group based in Lexington, KY. [BN] The Plaintiffs are represented by: DAVID W. GARRISON, Esq. JOSHUA A. FRANK, Esq. NICOLE A. CHANIN, Esq. BARRETT JOHNSTON MARTIN & GARRISON, PLLC 200 31st Avenue North Nashville, TN 37203 Telephone: (615) 244-2202 Facsimile: (615) 252-3798 E-mail: dgarrison@barrettjohnston.com jfrank@barrettjohnston.com nchanin@barrettjohnston.com BRINKER INT'L: Discovery Deadline Extended to July 12 ------------------------------------------------------ In the class action lawsuit captioned as EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, v. BRINKER INTERNATIONAL PAYROLL COMPANY, L.P., et al., Case No. 4:22-cv-00820-KGB (E.D. Ark.), the Hon. Judge Kristine Baker entered an order granting the parties' joint motion to modify the Court's Amended Final Scheduling Order. The Court extends the discovery deadline for 60 days, until July 12, 2024, so that the parties may complete 30(b)(6) depositions. The Court also extends the deadline for filing discovery-related motions for 60 days. The deadline for filing all motions, except for motions for class certification and motions in limine, is extended to, and including, July 22, 2024. The Court grants a continuance of the trial date and removes the case from the trial calendar for the week of September 23, 2024. The Court will reset all other pretrial deadlines and set a new trial date by separate Order. Brinker operates as a restaurant. A copy of the Court's order dated May 7, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=3TwE2j at no extra charge.[CC] CAROLINA AMATO: Website Inaccessible to Blind Users, Martinez Says ------------------------------------------------------------------ SILVIA MARTINEZ, on behalf of herself and all others similarly situated v. CAROLINA AMATO ACCESSORIES, INC., Case No. 1:24-cv-02984 (E.D.N.Y., April 22, 2024) accuses the Defendant of discriminating against blind and visually impaired persons, in violation of the Americans with Disabilities Act. The Plaintiff, a blind, visually-impaired handicapped person, brings this action over Defendant’s failure to build its website, www.amatonewyork.com, in a manner that is compatible with screen access programs. As a result of that access barrier, the Defendant allegedly denied Plaintiff the benefit of purchasing the product Plaintiff wished to acquire from the website, violating her rights under ADA. Carolina Amato Accessories, Inc. is a luxury accessories company located in New York, NY. [BN] The Plaintiff is represented by: Rami Salim, Esq. STEIN SAKS, PLLC One University Plaza, Suite 620 Hackensack, NJ 07601 Telephone: (201) 282-6500 Facsimile: (201) 282-6501 E-mail: rsalim@steinsakslegal.com CASEY'S GENERAL: Class Cert. Hearing Set for Sept. 30, 2025 ----------------------------------------------------------- In the class action lawsuit captioned as SUMMER KESSLER, on behalf of herself and all others similarly situated, v. CASEY'S GENERAL STORES, INC., CASEY'S MARKETING COMPANY, and CASEY'S RETAIL COMPANY, Case No. 3:22-cv-02971-SPM (S.D. Ill.), the Hon. Judge Stephen P. McGlynn entered a class action scheduling and discovery order as follows: -- A settlement conference is set before the Honorable Stephen P. McGlynn in accordance with SDIL-LR 16.3(b) on October 17, 2024, via Zoom video. -- A Class Certification hearing is set for Sept. 30, 2025, at 9:00 a.m. before the Honorable Judge Stephen P. McGlynn in East St. Louis, Illinois. -- A final pretrial conference is set for March 24, 2026 at 9:00 a.m. before the Honorable Judge Stephen P. McGlynn in East St. Louis, Illinois in accordance with SDIL-LR 16.2(b). Casey's operates convenience stores. A copy of the Court's order dated May 7, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=dDj2rL at no extra charge.[CC] CBIZ INC: Continues to Defend ERISA Class Suit in S.D.N.Y. ---------------------------------------------------------- CBIZ Inc. disclosed in its Form 10-Q Report for the quarterly period ending March 31, 2024 filed with the Securities and Exchange Commission on April 25, 2024, that the Company continues to defend itself from the ERISA class suit in the United States District Court for the Southern District of New York. On December 14, 2022, four individual participants in the Profit Sharing Plan for Employees of AllianceBernstein L.P., (the "Plan") filed a class action complaint (the "Complaint") in the U.S. District Court for the Southern District of New York (the "Court") against AB, current and former members of the Compensation and Workplace Practices Committee of the Board, and the Investment and Administrative Committees under the Plan. Plaintiffs, who seek to represent a class of all participants in the Plan from December 14, 2016 to the present, allege that defendants violated their fiduciary duties and engaged in prohibited transactions under the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), by including proprietary collective investment trusts as investment options offered under the Plan. The Complaint seeks unspecified damages, disgorgement and other equitable relief. On March 25, 2024, the Court granted AB's motion to dismiss the Complaint in its entirety. Plaintiffs were given 30 days to file a motion for leave to amend their Complaint or appeal the Court's decision. To date, the Company have not received notice of any subsequent Court filings made by the Plaintiffs. While the ultimate outcome of this matter is currently not determinable, the Company doesn't believe this litigation will have a material adverse effect on our results of operations, financial condition or liquidity. CBIZ is a corporation, with "more than 120 offices and 6,500 team members," that provides "financial and benefits and insurance services to organizations of all sizes, as well as individual clients.[BN] CEC ENTERTAINMENT: Velazquez Suit Removed to C.D. California ------------------------------------------------------------ The case styled as Stacey Velazquez, on behalf of herself and others similarly situated v. CEC ENTERTAINMENT, LLC, and DOES 1 to 100, inclusive, Case No. 24STCV07299 was removed from the Superior Court of California for the County of Los Angeles, to the United States District Court for the Central District of California on April 29, 2024, and assigned Case No. 2:24-cv-03519. The Complaint asserts seven causes of action for Failure to Pay Wages for All Hours Worked in Violation of California Labor Code; Failure to Pay Overtime Wages in Violation of California Labor Code; Failure to Authorize Meal Periods in Violation of California Labor Code and Wage Order 5; Failure to Authorize Rest Periods in Violation of California Labor Code and Wage Order 5; Failure to Provide Complete and Accurate Wage Statements in Violation of California Labor Code; Failure to Pay All Earned Wages At Separation of Employment in Violation of California Labor Code; and Unfair Business Practices in Violation of California Business and Professions Code.[BN] The Defendant is represented by: Leo Q. Li, Esq. John T. Ayres-Mann, Esq. SEYFARTH SHAW LLP 2029 Century Park East, Suite 3500 Los Angeles, CA 90067-3021 Phone: (310) 277-7200 Facsimile: (310) 201-5210 Email: lli@seyfarth.com jayers-mann@seyfarth.com - and - Gina Gi, Esq. SEYFARTH SHAW LLP 601 South Figueroa Street, Suite 3300 Los Angeles, CA 90017-5793 Phone: (213) 270-9600 Facsimile: (213) 270-9601 Email: ggi@seyfarth.com CELINE INC: Faces Martinez Suit Over Blind-Inaccessible Website --------------------------------------------------------------- SILVIA MARTINEZ, on behalf of herself and all others similarly situated v. CELINE, INC., Case No. 1:24-cv-02985 (E.D.N.Y., April 22, 2024) accuses the Defendant of violating the Americans with Disabilities Act. The Plaintiff is a visually-impaired and legally blind person who relies on screen-reading software to read website content using the computer. The Plaintiff alleges that Defendant failed to design, construct, maintain, and operate its website, www.celine.com, to be fully accessible to Plaintiff and other visually-impaired people. As a result, Plaintiff was allegedly denied of the goods and services offered by Defendant, in violation of ADA. Headquartered in New York, NY, Celine, Inc. manufactures and markets apparels and leather products. [BN] The Plaintiff is represented by: Rami Salim, Esq. STEIN SAKS, PLLC One University Plaza, Suite 620 Hackensack, NJ 07601 Telephone: (201) 282-6500 Facsimile: (201) 282-6501 E-mail: rsalim@steinsakslegal.com CHHJ FRANCHISING: Fails to Pay Proper Overtime Wages, Abrams Claims ------------------------------------------------------------------- IZAIAH ABRAMS, individually, and on behalf of all others similarly situated, Plaintiff v. CHHJ FRANCHISING L.L.C., Defendant, Case No. 8:24-cv-00949 (M.D. Fla., April 19, 2024) accuses the Defendant of violating the overtime provision of the Fair Labor Standards Act. From June 2022 through September 2023, the Defendant employed Plaintiff Abrams as a junior captain mover. Throughout his employment for Defendant, the Plaintiff typically worked six days per week, regularly working over 40 hours in a work week, but not receiving overtime compensation for each hour worked over 40 hours, says the suit. Based in Florida, CHHJ Franchising LLC provides full-service moving, junk removal and trash pickup, proving packing services, and provides donation pickup services. [BN] The Plaintiff is represented by: Gary L. Printy, Jr., Esq. THE PRINTY LAW FIRM 5407 N Florida Avenue Tampa, FL 33604 Telephone: (813) 434-0649 Facsimile: (813) 423-6543 E-mail: garyjr@printylawfirm.com e-service@printylawfirm.com COLBEA ENTERPRISES: Darden Bid to Certify Class Partly OK'd ----------------------------------------------------------- In the class action lawsuit captioned as JOSHALYN DARDEN, individually and on behalf of others similarly situated, v. COLBEA ENTERPRISES, L.L.C., and ANDREW DELLI CARPINI, Case No. 1:23-cv-11540-JEK (D. Mass.), the Hon. Judge Julia Kobick entered an order: -- granting in part and denying in part the plaintiff's motion to conditionally certify a class and authorize notice pursuant to 29 U.S.C. section 216(b); -- granting the plaintiff's motion to compel discovery; and -- denying the plaintiff's request for costs and attorneys' fees incurred in connection with the motion to compel. The defendants shall identify all putative collective members by providing a list of their names, last known mailing addresses, and e-mail addresses in electronic and importable format within 30 days of the entry of this order. The Plaintiff moves for conditional certification and court-authorized notice under 29 U.S.C. section 216(b) of her Fair Labor Standards Act ("FLSA") claim on behalf of a proposed collective comprising: "all individuals currently or formerly employed by Colbea Enterprises LLC as hourly employees in Massachusetts who were subject to its time rounding practice relative to tracking employees' work time." The Plaintiff Darden alleges that the defendants violated the Massachusetts Wage Act, by failing to pay her and other potential class members wages for time worked and by failing to issue pay stubs that accurately reflect the total number of hours worked. The Plaintiff Darden also alleges that the defendants violated the FLSA, by failing to pay her and other potential collective members overtime at the appropriate rate when they work over 40 hours per week. Colbea operates a chain of convenience stores throughout Massachusetts under the name "Seasons Corner Market." A copy of the Court's order dated May 7, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=iz1Rf1 at no extra charge.[CC] EIDP: Filing of Bid for Class Cert in Banks Amended to July 19 -------------------------------------------------------------- In the class action lawsuit captioned as DORIS BANKS, et al., v. EIDP, et al., Case No. 1:19-cv-01672-JLH (D. Del.), the Hon. Judge Jennifer Hall entered an order amending scheduling order as follows: Event Current Amended Deadline Deadline Class Certification Discovery May 3, 2024 June 25, 2024 Cut-Off Plaintiffs' Motion for Class June 21, 2024 July 19, 2024 Certification and Brief in Support of Motion; Plaintiffs' Class Certification Expert Disclosures Deadline for Deposition of Aug. 21, 2024 Sept. 18, 2024 Plaintiffs' Class Experts Deadline for Deposition of Oct. 23, 2024 Nov. 20, 2024 Defendants' Class Experts Plaintiffs' Reply in Further Nov. 22, 2024 Dec. 20, 2024 Support of Class Certification Motion; Plaintiffs' Objections to Defendants' Class Certification Expert Disclosures and Opposition to Defendants' Objections to Plaintiffs' Class Experts Defendants' Opposition to Dec. 13, 2024 Jan. 10, 2025 Plaintiffs' Objections to Defendants' Class Experts The parties propose no changes to the following deadlines of the Scheduling Order (D.I. 218): Post Class Certification Conference TBA (No Change) Merits Fact Discovery Closes TBD (No Change) Pre-Trial Conference TBD (No Change) TRIAL TBD (No Change) The Court previously entered a Scheduling Order in this action on Oct. 11, 2023. A copy of the Court's order dated May 7, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=S3zAqk at no extra charge.[CC] The Plaintiffs are represented by: Thomas Crumplar, Esq. JACOBS & CRUMPLAR, P.A. 750 Shipyard Drive, Suite 200 Wilmington DE 19801 Telephone: (302) 656-5445 E-mail: tom@jcdelaw.com The Defendants are represented by: Kelly E. Farnan, Esq. RICHARDS, LAYTON & FINGER, P.A. One Rodney Square 920 N. King Street Wilmington, DE 19801 Telephone: (302) 651-7700 E-mail: farnan@rlf.com - and - Catherine A. Gaul, Esq. Andrew Colin Mayo, Esq. Randall J. Teti ASHBY & GEDDES, P.A. 500 Delaware Avenue, 8th Floor Wilmington, DE 19801 Telephone: (302) 654-1888 E-mail: cgaul@ashbygeddes.com amayo@ashbygeddes.com rteti@ashbygeddes.com - and - Kaan Ekiner, Esq. COZEN O'CONNOR 1201 North Market Street, Suite 1001 Wilmington, DE 19801 Telephone: (302) 295-2035 E-mail: kekiner@cozen.com - and - Gerry Gray, Esq. DOROSHOW, PASQUALE, KRAWITZ & BHAYA 14 Village Square Smyrna, DE 19977 Telephone: (302) 508-2140 E-mail: GerryGray@dplaw.com - and - Andrew S. Dupre, Esq. David A. Schlier, Esq. McCARTER & ENGLISH, LLP Renaissance Centre 405 North King Street, 8th Floor Wilmington, DE 19801 Telephone: (302) 984-6300 E-mail: adupre@mccarter.com dschlier@mccarter.com - and - Brian D. Tome, Esq. REILLY, MCDEVITT & HENRICH, P.C. Delle Donne Corporate Center 1013 Centre Road, Suite 210 Wilmington, DE 19805 Telephone: (302) 777-1700 E-mail: BTome@rmh-law.com EQT TGHL EXPLORATION: Taylor Files Suit in N.D. West Virginia ------------------------------------------------------------- A class action lawsuit has been filed against EQT TGHL Exploration, LLC, et al. The case is styled as Ralph Taylor, Lloyd Baker, individually, and on behalf of all individuals and legal entities similarly situated v. EQT TGHL Exploration, LLC, Tug Hill Operating, LLC, Case No. 5:24-cv-00082-JPB (N.D.W. Va., April 29, 2024). The nature of suit is stated as Other Fraud. EQT Corporation -- https://www.eqt.com/ -- is a leading independent natural gas producer with an evolutionary focus on our future.[BN] The Plaintiff is represented by: Joseph M. Scipione, Esq. THE NITTANY GROUP 2437 Commercial Blvd., Suite 240 State College, PA 16801 Phone: (814) 826-2244 Fax: (877) 424-3267 Email: Joe.Scipione@nittanygroup.com - and - Mark A. Kepple, Esq. BAILEY & WYANT, PLLC 1219 Chapline St. Wheeling, WV 26003 Phone: (304) 233-3100 Fax: (304) 233-0201 Email: mkepple@baileywyant.com - and - Robert L. Redfearn, Jr., Esq. SIMON, PERAGINE, SMITH & REDFEARN, LLP 1100 Poydras Street, Suite 3000 New Orleans, LA 70163 Phone: (504) 569-2030 Email: robertjr@spsr-law.com - and - Thomas E. White, Esq. WHITE LAW OFFICE 604 Sixth St. Moundsville, WV 26041 Phone: (304) 845-7008 Fax: (304) 845-7016 Email: twhite@lawyer.com FEDEX GROUND: Bid to Maintain Documents Under Seal Tossed ---------------------------------------------------------- In the class action lawsuit captioned as JORDAN ROY and JUSTIN TRUMBULL, on behalf of themselves and others similarly situated, v. FEDEX GROUND PACKAGE SYSTEMS, INC., Case No. 3:17-cv-30116-KAR (D. Mass.), the Hon. Judge Katherine Robertson entered an order denying the Defendant FedEx Ground's motion to maintain under seal documents attached to the Plaintiffs' decertification opposition. The Plaintiffs are directed to file copies of the documents discussed within 21 days of issuance of this order. The court declines to accede to FedEx's request to maintain impoundment of the Compliance Manual in part or in whole because, to a significant extent, the procedures the Compliance Manual describes have already been publicly disclosed. The court has already rejected FedEx's claim that information identifying FedEx's Massachusetts ISPs should remain impounded because it was subject to the Agreement’s confidentiality provision. On August 18, 2023, the defendant filed its motion to decertify the collective provisionally certified by this court. The Plaintiffs opposed the motion, supporting their opposition by exhibits some of which were provisionally sealed. On Oct. 10, 2023, FedEx moved to maintain certain of the Plaintiffs' exhibits under seal. The Plaintiffs have opposed the motion. The Plaintiffs, along with more than 400 other individuals who opted into this Fair Labor Standards Act ("FLSA") case, delivered FedEx packages in Massachusetts beginning Feb. 19, 2015. They contended that FedEx was a joint employer with the ISPs and that they were not paid overtime for the hours over forty when they worked more than forty 40 in a week. Fedex delivers packages by truck to residential and business addresses throughout North America. A copy of the Court's order dated May 7, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=linYXP at no extra charge.[CC] FLORIDA POWER: Continues to Defend Service Interruptions-Class Suit ------------------------------------------------------------------- Florida Power & Light Co. disclosed in its Form 10-Q Report for the quarterly period ending March 31, 2024 filed with the Securities and Exchange Commission on April 23, 2024, that the Company continues to defend itself from the service interruptions-related class suit. FPL is the defendant in a purported class action lawsuit filed in February 2018 that seeks from FPL unspecified damages for alleged breach of contract and gross negligence based on service interruptions that occurred as a result of Hurricane Irma in 2017. There is currently no trial date set. The Miami-Dade County Circuit Court certified the case as a class action and FPL's appeal of that decision was denied by Florida's Third District Court of Appeal (3rd DCA) in March 2023. The certified class encompasses all persons and business owners who reside in and are otherwise citizens of the state of Florida that contracted with FPL for electrical services, were charged storm charges, experienced a power outage after Hurricane Irma and suffered consequential damages because of FPL's alleged breach of contract or gross negligence. FPL filed a motion on March 31, 2023, for rehearing with the 3rd DCA claiming that the opinion upholding the class certification contains several errors that should be reheard by the full 3rd DCA. The motion is pending. Additionally, in July 2023, FPL filed a motion to dismiss the lawsuit on the basis that, among other things, it believes the FPSC has exclusive jurisdiction over any issues arising from a utility's preparation for and response to emergencies or disasters. Oral argument regarding FPL's motion for rehearing is scheduled for April 24, 2024. FPL is vigorously defending against the claims in this proceeding. Florida Power & Light Company is the largest power utility in Florida. It is a Juno Beach, Florida-based power utility company serving roughly 5 million customers and 11 million people in Florida. GENERAL MOTORS: Figlio and Gordin Sue Over Unconsented Data Sharing ------------------------------------------------------------------- BARBARA FIGLIO and MORRIS D. GORDIN, on behalf of themselves and all others similarly situated, Plaintiffs v. GENERAL MOTORS LLC, ONSTAR LLC, LEXISNEXIS RISK SOLUTIONS, INC., and VERISK ANALYTICS, INC., Defendants, Case No. 1:24-cv-01669-TWT-JEM (N.D. Ga., April 19, 2024) alleges that LexisNexis and Verisk violated the Fair Credit Reporting Act, the New Jersey Consumer Fraud Act. Plaintiffs also bring this action against General Motors and its affiliate, OnStar, for unfair trade practices, breach of contract, invasion of privacy and unjust enrichment. The Plaintiffs seek to represent a class of all persons who purchased or leased a vehicle from General Motors and had their personal driving information and behavior transmitted without their knowing consent to unauthorized third parties, including OnStar, LexisNexis, Verisk and various insurance carriers. Headquartered in Detroit, MI, General Motors manufactures and sells automobiles under four brands: Chevrolet, GMC, Cadillac and Buick. [BN] The Plaintiffs are represented by: Roy E. Barnes, Esq. John R. Bevis, Esq. J. Cameron Tribble BARNES LAW GROUP, LLC 31 Atlanta Street Marietta, GA 30060 Telephone: (770) 227-6375 E-mail: roy@barneslawgroup.com bevis@barneslawgroup.com ctribble@barneslawgroup.com - and - Gary S. Graifman, Esq. Andre J. Arias, Esq. KANTROWITZ GOLDHAMER & GRAIFMAN, P.C. 135 Chestnut Ridge Rd., Suite 200 Montvale, NJ 07645 Telephone: (201) 391-7000 E-mail: ggraifman@kgglaw.com aarias@kgglaw.com - and - Lynda J. Grant, Esq. THE GRANT LAW FIRM, PLLC 521 Fifth Avenue, 17th Floor New York, NY 10175 Telephone: (212) 292-4441 E-mail: LGrant@grantfirm.com - and - Howard T. Longman, Esq. LONGMAN LAW, P.C. 354 Eisenhower Parkway, Suite 1800 Livingston, NJ 07039 Telephone: (973) 994-2315 E-mail: hlongman@longman.law.com GOL LINHAS: June 14 Claims Filing Deadline Set ---------------------------------------------- The U.S. Bankruptcy Court for the Southern District of New York set June 14, 2024, at 11:59 p.m, (prevailing Eastern Time) as the last date and time for all claimants to file their proof of claims against GOL Intelligent Airlines Inc a/k/a GOL Linhas Areas Inteligentes SA and its debtor-affiliates. The Court also set July 23, 2024, at 11:59 p.m,( prevailing Eastern Time) as the deadline for all governmental units to file their claims against the Debtors. All proofs of claim must be filed so as to be received on or before the applicable Bar Date: a) If Electronically: i) By following instructions for filing proofs of claim on the website established by the Debtors' claims and noticing agent, Kroll Restructuring Administration LLC, for these Chapter 11 Cases located at https://cases.ra.kroll.com/GOL, or ii) Through the Court’s Public Access to Court Electronic Records at https://ecf.nysb.uscourts.gov. If By First Class Mail: GOL Claims Processing Center c/o Kroll Restructuring Administration LLC Grand Central Station, PO Box 4850 New York, NY 10163-4850 if by hand delivery or overnight service: GOL Claims Processing Center c/o Kroll Restructuring Administration LLC 850 3rd Avenue, Suite 412 Brooklyn, NY 11232 Clerk of the Bankruptcy Court (hand delivery only) United States Bankruptcy Court for the Southern District of New York One Bowling Green, New York, NY 10004 About Gol GOLL4.SA GOL Linhas Aereas Inteligentes S.A. provides scheduled and non-scheduled air transportation services for passengers and cargo; and maintenance services for aircraft and components in Brazil and internationally. The company offers Smiles, a frequent-flyer program to approximately 20.5 million members, allowing clients to accumulate and redeem miles. It operates a fleet of 146 Boeing 737 aircraft with 674 daily flights. The company was founded in 2000 and is headquartered in Sao Paulo, Brazil. GOL Linhas Aereas Inteligentes S.A. and its affiliates and its subsidiaries voluntarily filed for Chapter 11 protection (Bankr. S.D.N.Y. Lead Case No. 24-10118) on Jan. 25, 2024. GOL Linhas estimated $1 billion to $10 billion in assets as of the bankruptcy filing. The Debtors tapped Milbank Llp as counsel, Seabury Securities Llc as restructuring advisor, financial advisor and investment banker, Alixpartners, LLP, as financial advisor, and HUGHES Hubbard & Reed LLP as aviation related counsel. Kroll Restructuring Administration LLC is the claims agent. GRIMMWAY ENTERPRISES: Hicks Class Cert Bid Tossed w/o Prejudice --------------------------------------------------------------- In the class action lawsuit captioned as ELIZABETH HICKS, an individual on behalf of herself and all others similarly situated and the general public, v. GRIMMWAY ENTERPRISES, INC., a corporation with headquarters in California; and DOES 1–100, inclusive, Case No. 3:22-cv-02038-JLS-DDL (S.D. Cal.), the Hon. Judge Janis Sammartino entered an order denying without prejudice the plaintiff's motion for class certification and vacating hearing. Grimmway grows, produces, and supplies agricultural products. A copy of the Court's order dated May 7, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=0ZdNqQ at no extra charge.[CC] HERSHEY FEDERAL: Garman Files Suit in Pa. Ct. of Common Pleas ------------------------------------------------------------- A class action lawsuit has been filed against Hershey Federal Credit Union. The case is styled as Krista Garman, all others similarly situated v. Hershey Federal Credit Union, Case No. 2024-CV-03088 (Pa. Ct. of Common Pleas, Dauphin Cty., April 29, 2024). The case type is stated as "Contract Civil." Hershey Federal Credit Union -- https://www.hersheyfcu.org/ -- operates as a financial cooperative. The Union provides financial solutions such as loans, investment, savings, credit and debit cards, online banking, and other related services.[BN] The Plaintiff is represented by: Kenneth J. Grunfeld, Esq. 65 Overhill Road Bala Cynwyd, PA 19004 KELLER WILLIAMS: Faces McFarlane Suit Over Profit Sharing Program ----------------------------------------------------------------- James McFarlane, on behalf of himself and all others similarly situated, v. Keller Williams Realty, Inc., Case No. 2:24-cv-00152-LEW (D. Maine, May 2, 2024) arises from a breach of contract by Keller Williams, unjust enrichment to Keller Williams relating to payments owed under the Keller Williams Profit Sharing Program. The Profit Sharing Program was developed to be a way to reward those associates who helped build the company. Keller Williams used the Profit Sharing Program as a way to encourage the recruitment of top associates to Keller Williams by Keller Williams associates. The Profit Sharing Program was designed to be an open-ended profit sharing program that allowed Keller Williams associates, investors, Team Leaders, Market Center staff, Keller Williams staff, and Regional Directors to participate in profits they helped to create without assuming any financial risk. Eligibility to participate in the Profit Sharing Program was determined by contributing to the growth of Keller Williams by recruiting new sales associates to any Market Center located anywhere in the United States or Canada. Funds in the Profit Sharing Program were distributed in a multi-tiered format based upon the sponsorship of one associate or employee by another associate or employee. Keller Williams associates participated in the Profit Sharing Program by recruiting other associates who contribute to the profitability of a Keller Williams Market Center. Persons recruited into Keller Williams were required to name the sponsor that recruited them for purposes of calculating Profit Sharing Program distributions.[BN] The Plaintiff is represented by: Andrew J. Zulieve, Esq. ZULIEVE LAW, LLC 689 Friendship Road Waldoboro, ME 04522 Phone: 207-790-2185 Telephone: andy@zulievelaw.com - and - Kenneth B. McClain, Esq. Kevin D. Stanley, Esq. Jonathan M. Soper, Esq. HUMPHREY, FARRINGTON & MCCLAIN, P.C. 221 West Lexington Ave., Ste. 400 Independence, MO 64051 Telephone: (816) 836-5050 Facsimile: (816) 836-8966 E-mail: kbm@hfmlegal.com jms@hfmlegal.com kds@hfmlegal.com KOOTENAI HEALTH: Faces Griffiths Suit Over Private Data Breach -------------------------------------------------------------- Sonna Griffiths, individually and on behalf of all others similarly situated, Plaintiff v. Kootenai Health Inc., an Idaho Non-Profit Corporation, Defendant, Case No. 1:24-cv-00205-REP (D. Idaho, April 19, 2024) arises from the Defendant's failure to properly secure Plaintiff's and Class Members' personally identifiable information and personal health information and seeks redress for Defendant's unlawful conduct and asserts claims for negligence and negligence per se, breach of implied contract, breach of fiduciary duty, and unjust enrichment. As a result of Defendant's unreasonable and inadequate data security practices, Plaintiff and Class members have suffered numerous actual and concrete injuries and damages. Through this complaint, Plaintiff seeks to remedy these harms on behalf of herself and all similarly situated individuals whose private information was accessed during the data breach, says the suit. Located in Coeur d'Alene, ID, Kootenai Health, Inc. is a 330-bed community-owned hospital providing medical services to patients in north Idaho, eastern Washington, Montana and the Inland Northwest at several facility locations. [BN] The Plaintiff is represented by: Jaren Wieland, Esq. MOONEY WIELAND WARREN 512 W. Idaho St., Suite 103 Boise, ID 83702 Telephone: (208) 401-9219 Facsimile: (208) 401-9218 E-mail: jaren.wieland.service@mooneywieland.com - and - Gary M. Klinger, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC 227 W. Monroe Street, Suite 2100 Chicago, IL 60606 Telephone: (866) 252-0878 E-mail: gklinger@milberg.com KORRES NATURAL: General Pretrial Management Entered in Tarr Suit ---------------------------------------------------------------- In the class action lawsuit captioned as ELLEN TARR, v. KORRES NATURAL PRODUCTS USA, INC., Case No. 1:24-cv-03435-DEH-BCM (S.D.N.Y.), the Hon. Judge Barbara Moses entered an order regarding general pretrial management as follows: -- All pretrial motions and applications, including those related to scheduling and discovery (but excluding motions to dismiss or for judgment on the pleadings, for injunctive relief, for summary judgment, or for class certification under Fed. R. Civ. P. 23) must be made to Judge Moses and in compliance with this Court's Individual Practices in Civil Cases, available on the Court's website at https://nysd.uscourts.gov/hon-barbara-moses. -- Once a discovery schedule has been issued, all discovery must be initiated in time to be concluded by the close of discovery set by the Court. -- Discovery applications, including letter-motions requesting discovery conferences, must be made promptly after the need for such an application arises and must comply with Local Civil Rule 37.2 and section 2(b) of Judge Moses's Individual Practices. -- For motions other than discovery motions, pre-motion conferences are not required, but may be requested where counsel believe that an informal conference with the Court may obviate the need for a motion or narrow the issues. A copy of the Court's order dated May 7, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=nF1Mfw at no extra charge.[CC] KRAEMER NORTH: Court Certifies Class for Settlement Purposes ------------------------------------------------------------ In the class action lawsuit captioned as ROBERT BLACKWELL, on behalf of himself and all others similarly situated, v. KRAEMER NORTH AMERICA, LLC, Case No. 0:23-cv-01851-KMM-LIB (D. Minn.), the Hon. Judge Katherine Menendez entered a preliminary approval order as follows: Class Certification for Settlement Purposes Only. For settlement purposes only and pursuant to Fed. R. Civ. P. 23(b)(3) and (e), the Court certifies, solely for purposes of effectuating the proposed Settlement, a Settlement Class in this matter defined as follows: "All persons who were sent notification by Kraemer that their personal information and/or protected health information was or may have been compromised in the Data Incident." The Settlement Class includes approximately 8,692 people. The Settlement Class specifically excludes: (1) the judges presiding over this Action, and members of their direct families; (2) Kraemer, its subsidiaries, parent companies, successors, predecessors, and any entity in which Kraemer or its parents have a controlling interest and their current or former officers, directors, and employees; and (3) Settlement Class Members who submit a valid a Request for Exclusion prior to the Opt-Out Deadline. Class Representatives and Settlement Class Counsel: ROBERT BLACKWELL is hereby provisionally designated and appointed as the Class Representative. The Court provisionally finds that the Class Representatives are similarly situated to absent Settlement Class Members and therefore typical of the Settlement Class and that they will be an adequate Class representatives. Summary of Deadlines. The preliminarily approved Settlement shall be administered according to its terms pending the Final Approval Hearing. Kraemer North America is a full-service heavy civil contractor. A copy of the Court's order dated May 7, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=GkAK2m at no extra charge.[CC] LINCARE INC: Garate Suit Removed to S.D. California --------------------------------------------------- The case styled as Ignacio Garate, on behalf of himself and all others similarly situated v. LINCARE, INC., a Delaware Corporation; and DOES 1-50, inclusive, Case No. 37-2024-00014437-CU-OE-CTL was removed from the Superior Court of the State of California, County of San Diego, to the United States District Court for the Southern District of California on April 29, 2024, and assigned Case No. 3:24-cv-00768-CAB-MSB. The Complaint alleges 8 causes of action which Plaintiff pursues on a class-wide basis: failure to pay all minimum wages; failure to pay all overtime wages; meal period violations; rest period violations; failure to pay all sick time; wage statement violations; waiting time penalties; and unfair competition.[BN] The Defendant is represented by: David L. Cheng, Esq Jason Shon, Esq FORD & HARRISON LLP 350 South Grand Avenue, Suite 2300 Los Angeles, CA 90071 Phone: 213-237-2400 Facsimile: 213-237-2401 Email: dcheng@fordharrison.com jshon@fordharrison.com LOANDEPOT.COM: Class Cert Hearing in Kearns Continued to June 21 ---------------------------------------------------------------- In the class action lawsuit captioned as JEFFREY KEARNS, individually and on behalf of all others similarly situated, v. LOANDEPOT.COM, LLC., Case No. 8:22-cv-01217-JWH-JDE (C.D. Cal.), the Hon. Judge John Holcomb entered an order granting stipulation to continue hearing on the Plaintiff's motion for class certification and the Defendant's motion to strike. 1. The Parties' Joint Stipulation to Continue Hearing Date on the Plaintiff's motion for class certification and on the Defendant's motion to strike is approved. 2. The Plaintiff's opposition to the Defendant's motion to strike is due on May 9, 2024. 3. The Hearing on the Plaintiff's motion for class Certification and the Defendant's motion to strike is continued to June 21, 2024, at 9:00 a.m. LoanDepot is an Irvine, California-based nonbank holding company which sells mortgage and non-mortgage lending products. A copy of the Court's order dated May 7, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=rWDTMS at no extra charge.[CC] MAVERIK INC: Faces Dillard Suit Over PUMP Act Violations -------------------------------------------------------- JADAH DILLARD, an individual on behalf of herself and all others similarly situated, Plaintiff v. MAVERIK, INC., a Utah corporation, Defendant, Case No. 2:24-cv-00285 (D. Utah, April 19, 2024) accuses the Defendant of violating the Fair Labor Standards Act of 1938 and the Providing Urgent Maternal Protections for Nursing Mothers Act. Despite already being required to comply with the FLSA breastfeeding requirements for more than a decade, the Defendant still failed to provide a reasonable break time for Plaintiff to express breast milk. In addition, Defendant 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, says the suit Headquartered in Salt Lake City, UT, Maverik, Inc. is a chain of over 380 convenience stores and gas stations that operates throughout 12 western states as well as throughout the South and Midwest with the addition of Kum & Go. [BN] The Plaintiff is represented by: Jason R. Hull, Esq. MARSHALL OLSON & HULL, PC Newhouse Building Ten Exchange Place, Suite 350 Salt Lake City, UT 84111 Telephone: (801) 456-7655 E-mail: jhull@mohtrial.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 E-mail: lconsidine@sirillp.com ofaircloth@sirillp.com MULTIPLAN INC: Allegiance Health Management Sues Over Price Fixing ------------------------------------------------------------------ Allegiance Health Management, Inc., et al., individually and on behalf of all others similarly situated v. MultiPlan, Inc., Health Care Service Corporation, Aetna, Inc., Elevance Health, Inc., Centene Corporation, Cigna Group, UnitedHealth Group, Inc., Humana, Inc., and Kaiser Permanente LLC, Case No. 1:24-cv-03223 (N.D. Ill., April 22, 2024) seeks damages over Defendants' alleged violations of the Sherman Act. The Plaintiff brings this action over Defendants' alleged conspiracy to fix, suppress, and stabilize the reimbursement rates for out-of-network healthcare services in the United States. The anticompetitive scheme, carried out through Defendants' use of shared "repricing" tools sold and promoted by MultiPlan, Inc., allegedly began on July 1, 2017 and has continued up to the present, causing injury to Plaintiff and Class members, says the suit. Based in New York, NY, MultiPlan, Inc. provides healthcare cost management solutions. [BN] The Plaintiff is represented by: Robert A. Clifford, Esq. Shannon M. McNulty, Esq. CLIFFORD LAW OFFICES, P.C. 120 N. LaSalle Street, 36th Floor Chicago, IL 60602 Telephone: (312) 899-9090 Facsimile: (312) 251-1160 E-mail: rclifford@cliffordlaw.com SMM@cliffordlaw.com - and - Warren T. Burns, Esq. Quinn M. Burns, Esq. BURNS CHAREST LLP 900 Jackson Street, Suite 500 Dallas, TX 75202 Telephone: (469) 458-9890 E-mail: wburns@burnscharest.com qburns@burnscharest.com - and - Korey A. Nelson, Esq. Amanda K. Klevorn, Esq. Natalie Earles, Esq. BURNS CHAREST LLP 365 Canal Street, Suite 1170 New Orleans, LA 70130 Telephone: (504) 799-2845 E-mail: knelson@burnscharest.com aklevorn@burnscharest.com nearles@burnscharest.com - and - Matthew S. Tripolitsiotis, Esq. BURNS CHAREST LLP 757 Third Ave., 20th Floor New York, NY 10017 Telephone: (469) 895-45505269 E-mail: mtripolitsiotis@burnscharest.com - and - Christopher Cormier, Esq. Matthew Strauser, Esq. BURNS CHAREST LLP 4725 Wisconsin Avenue NW, Suite 200 Washington, DC 20016 Telephone: (202) 577-3977 E-mail: ccormier@burnscharest.com mstrauser@burnscharest.com - and - Derrick G. Earles, Esq. LABORDE EARLES 1901 Kaliste Saloom Road Lafayette, LA 70508 Telephone: (337) 223-9925 E-mail: digger@onmyside.com NATROL LLC: Filing for Class Cert Bid Due Dec. 19 ------------------------------------------------- In the class action lawsuit captioned as VENUS YAMASAKI, v. NATROL, LLC, Case No. 3:23-cv-00182-JD (N.D. Cal.), the Hon. Judge James Donato entered a scheduling order as follows: Event Deadline Seek leave to add parties or amend May 17, 2024 Pleadings: Fact discovery cut-off: Sept. 13, 2024 Expert disclosures: Oct. 11, 2024 Rebuttal expert disclosures: Nov. 8, 2024 Expert discovery cut-off: Dec. 6, 2024 Last day to file motion for class Dec. 19, 2024 Certification: Class certification response: Jan. 23, 2025 Class certification reply: Feb. 13, 2025 Class certification hearing: Feb. 27, 2025 Last day to file dispositive and April 24, 2025 Daubert motions: Pretrial conference: Aug. 21, 2025 At 1:30 p.m. Jury Trial: Sept. 8, 2025 at 9 a.m. Natrol wholesales and distributes prescription, proprietary drugs, and toiletries. A copy of the Court's order dated May 7, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=Wbclo5 at no extra charge.[CC] NEOGENOMICS INC: Continues to Defend Goldenberg Class Suit ---------------------------------------------------------- Neogenomics Inc. disclosed in its Form 10-Q Report for the quarterly period ending March 31, 2024 filed with the Securities and Exchange Commission on April 30, 2024, that the Company continues to defend itself from the Goldenberg shareholder class suit in the United States District Court for the Southern District of New York. On December 16, 2022, a purported shareholder class action captioned Daniel Goldenberg v. NeoGenomics, Inc., Douglas VanOort, Mark Mallon, Kathryn McKenzie, and William Bonello was filed in the United States District Court for the Southern District of New York, naming the Company and certain of the Company's current and former officers as defendants. This lawsuit was filed by a stockholder who claims to be suing on behalf of anyone who purchased or otherwise acquired the Company's securities between February 27, 2020 and April 26, 2022. The lawsuit alleges that material misrepresentations and/or omissions of material fact were made in the Company's public disclosures in violation of Sections 10(b) and 20(a) of the Exchange Act and Rule 10b-5 promulgated thereunder. The alleged improper disclosures relate to statements regarding the Company's menu of tests, business operations and compliance with health care laws and regulations. The plaintiff seeks unspecified monetary damages on behalf of the putative class and an award of costs and expenses, including attorney's fees and expert fees. The Company believes that it has valid defenses to the claims alleged in the lawsuits, but there is no guarantee that the Company will prevail. At the time of filing the outcome of these matters are not estimable or probable. NeoGenomics Inc. is a cancer reference laboratory that provides cancer testing and partnership programs to pathologists and oncologists.[BN] NESTLE USA: Partial Discovery Stayed Pending Class Cert Bid Ruling ------------------------------------------------------------------ In the class action lawsuit captioned as MARIE FALCONE, individually and on behalf of all others similarly situated, v. NESTLE USA, INC., Case No. 3:19-cv-00723-L-DEB (S.D. Cal.), the Hon. Judge Daniel Butcher entered an order granting joint motion for partial discovery stay pending ruling on class certification motion and extension of discovery cutoff. The Court stays discovery except for the following: (1) two Fed. R. Civ. P. 30(b)(6) depositions on Defendant's supply chain; (2) international discovery from non-party Nestle S.A.; and (3) Defendant's discovery relating to three expert declarations Plaintiff submitted on March 22, 2024. Nestle produces and distributes nutritious food and beverage products. A copy of the Court's order dated May 7, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=qebuxR at no extra charge.[CC] NEW YORK COMMUNITY: Court Consolidates Lemm and Miskey Actions --------------------------------------------------------------- In the class action lawsuit captioned as DALE MISKEY, individually and on behalf of all others similarly situated, v. NEW YORK COMMUNITY BANCORP, INC., THOMAS ROBERT CANGEMI and JOHN J. PINTO, Case No. 24-CV-1118-NRM-JRC (E.D.N.Y.), the Hon. Judge James Cho entered an order granting Boston Retirement's motion to consolidate the Lemm and Miskey actions and appointing Boston Retirement as lead plaintiff with Labaton as lead counsel. The other pending motions for appointment of lead plaintiff and approval of lead counsel are rendered moot. Accordingly, Boston Retirement rebuts the presumption of Sand Hollow's adequacy. The Court, instead, grants Boston Retirement's motion for appointment as lead plaintiff. Boston Retirement suffered the second highest losses out of the remaining movants, incurring $889,177 in losses during the class period. The Court concludes that Boston Retirement satisfies the preliminary adequacy inquiry as well. Boston Retirement has no discernible conflict of interest with the purported class, and it has retained competent and experienced counsel. Accordingly, the Court appoints Boston Retirement as lead plaintiff. Appointment of Lead Counsel The PSLRA permits the lead plaintiff to select and retain lead counsel, subject to the Court's approval. Boston Retirement has selected Labaton, an experienced law firm in securities class action litigation. Sand Hollow does not challenge Boston Retirement's selection. Based on the firm's submissions relating to its background and experience, the Court finds that this firm is qualified to serve as lead counsel. On Feb. 6, 2024, Lemm brought this action against NYCB and two of its C-suite officers. On April 8, 2024, six investors timely moved to consolidate the Lemm and Miskey actions and moved for appointment as lead plaintiff under the PSLRA. New York Community Bancorp is a bank holding company, which engages in the provision of multi-family loans on non-luxury rent-regulated buildings. A copy of the Court's memorandum and order dated May 7, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=3SCrCz at no extra charge.[CC] PACIFIC GUARDIAN LIFE: Hardy Files Suit in D. Hawaii ---------------------------------------------------- A class action lawsuit has been filed against Pacific Guardian Life Insurance Company, Ltd. The case is styled as Christopher Hardy, individually and on behalf of all others similarly situated v. Pacific Guardian Life Insurance Company, Ltd., Case No. 1:24-cv-00195-DKW-RT (D. Haw., April 29, 2024). The nature of suit is stated as Other P.I. for Personal Injury. Pacific Guardian Life -- https://www.pacificguardian.com/ -- is the largest domestic life and disability insurer in Hawaii.[BN] The Plaintiff is represented by: Margery S. Bronster, Esq. Noelle Emi Chan, Esq. Robert M. Hatch, Esq. BRONSTER FUJICHAKU ROBBINS Pauahi Tower 1003 Bishop St, Ste 2300 Honolulu, HI 96813 Phone: (808) 524-5644 Fax: 599-1881 Email: mbronster@bfrhawaii.com nchan@bfrhawaii.com rhatch@bfrhawaii.com PINNACLE GROUP: Fernandez Wins Conditional Status Bid ----------------------------------------------------- In the class action lawsuit captioned as Edgar Fernandez, on behalf of himself, individually, and on behalf of all others similarly-situated, v. Pinnacle Group NY LLC and Joel Wiener, individually, Case No. 1:21-cv-10702-AT-VF (S.D.N.Y.), the Hon. Judge Analisa Torres entered an order granting the Plaintiff's motion for conditional certification. -- By May 21, 2024, the Defendants shall produce to the Plaintiffs a computer-readable list of all names, addresses, telephone numbers, and e-mail addresses for all potential opt-in plaintiffs, along with their primary languages(s) spoken and their approximate dates of employment. -- The Defendants' motion for summary judgment is denied. Pinnacle provides real estate services. A copy of the Court's order dated May 7, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=hvTu5A at no extra charge.[CC] RECKITT BENCKISER: Riccio Suit Transferred to E.D. New York ----------------------------------------------------------- The case styled as Rose Riccio, on behalf of herself and all others similarly situated v. RECKITT BENCKISER PHARMACEUTICALS, INC., Case No. 1:23-cv-13879 was transferred from the U.S. District Court for the Northern District of Illinois, to the U.S. District Court for the Eastern District of New York on April 29, 2024. The District Court Clerk assigned Case No. 1:24-cv-03136-BMC to the proceeding. The nature of suit is stated as Fraud or Truth-In-Lending for Account Receivable. Reckitt Benckiser Pharmaceuticals, Inc. -- https://www.reckitt.com/ -- is a manufacturer of drugs and pharmaceuticals.[BN] The Plaintiff is represented by: Gary M. Klinger, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 227 W. Monroe St., Ste. 2100 Chicago, IL 60606 Phone: (866) 252-0878 Email: gklinger@milberg.com - and - Nick Suciu III, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 6905 Telegraph Rd., Suite 115 Bloomfield Hills, MI 48301 Phone: (313) 303-3472 Email: nsuciu@milberg.com - and - Jeff Ostrow, Esq. Jonathan M. Streisfeld, Esq. Kristen Lake Cardoso, Esq. Daniel Tropin, Esq. KOPELOWITZ OSTROW P.A. One West Las Olas Blvd., Suite 500 Fort Lauderdale, FL 33301 Phone: (954) 525-4100 Email: ostrow@kolawyers.com streisfeld@kolawyers.com cardoso@kolawyers.com tropin@kolawyers.com - and - Melissa S. Weiner, Esq. Ryan J. Gott, Esq. PEARSON WARSHAW, LLP 328 Barry Avenue South, Suite 200 Wayzata, MN 55391 Phone: (612) 389-0600 Email: mweiner@pwfirm.com rgott@pwfirm.com - and - Erin Ruben, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC 900 W. Morgan Street Raleigh, NC 27603 Phone: (919) 600-5000 Email: eruben@milberg.com - and - J. Hunter Bryson, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 405 E 50th Street New York, NY 10022 Phone: (630) 796-0903 Email: hbryson@milberg.com - and - Karl Amelchenko, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 900 W. Morgan Street Raleigh, NC 27603 Phone: (919) 600-5000 Email: kamelchenko@milberg.com - and - Jimmy Mintz, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 201 Sevilla Ave., 2nd Floor Coral Gables, FL 33134 Phone: (786) 876-8200 Email: jmintz@milberg.com RIVIAN AUTOMOTIVE: Dietel Sues Over Misleading Statements --------------------------------------------------------- GLENN DIETEL, Individually and on Behalf of All Others Similarly Situated, Plaintiff v. RIVIAN AUTOMOTIVE, INC., ROBERT J. SCARINGE, and CLAIRE MCDONOUGH, Defendants, Case No. 2:24-cv-03269 (C.D. Cal., April 19, 2024) seeks to recover damages caused by Defendants' violations of the federal securities laws and to pursue remedies under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5, against the Company and certain of its top officials. Plaintiff Dietel brings this federal securities class action on behalf of a class consisting of all persons and entities other than Defendants that purchased or otherwise acquired Rivian securities between March 1, 2023 and February 21, 2024, both dates inclusive. Throughout the said period, Defendants made false and/or misleading statements and/or failed to disclose that Rivian had overstated demand for its products, as well as its ability to withstand negative, near-term macroeconomic impacts. The Defendants also failed to disclose that Rivian's business was experiencing reduced demand and increased customer cancellations as a result of, among other things, high interest rates. As a result of the Defendants' wrongful acts and omissions, and the precipitous decline in the market value of the Company's securities, Plaintiff and other Class members have suffered significant losses and damages, the suit alleges. Headquartered in Irvine, CA, Rivian designs, develops, manufactures, and sells electric vehicles and accessories. Its Class A common stock trades in an efficient market on the Nasdaq Stock Market under the ticker symbol "RIVN". [BN] The Plaintiff is represented by: Jennifer Pafiti, Esq. POMERANTZ LLP 1100 Glendon Avenue, 15th Floor Los Angeles, CA 90024 Telephone: (310) 405-7190 E-mail: jpafiti@pomlaw.com - and - Peretz Bronstein, Esq. BRONSTEIN, GEWIRTZ & GROSSMAN, LLC 60 East 42nd Street, Suite 4600 New York, NY 10165 Telephone: (212) 697-6484 Facsimile: (212) 697-7296 E-mail: peretz@bgandg.com RPM INTERNATIONAL: J&L Imperium Suit Transferred to S.D. New York ----------------------------------------------------------------- The case styled as J&L Imperium Industries, LLC, on behalf of itself and all others similarly situated v. RPM INTERNATIONAL INC.; SIKA AG; SIKA CORPORATION; CHRYSO, INC.; GCP APPLIED TECHNOLOGIES, INC.; COMPAGNIE DE SAINT-GOBAIN S.A.; SAINT-GOBAIN CORPORATION, MASTER BUILDERS SOLUTIONS ADMIXTURES U.S., LLC; MASTER BUILDERS SOLUTIONS DEUTSCHLAND GMBH; CINVEN LTD.; CINVEN, INC.; THE EUCLID CHEMICAL COMPANY; AND DOES 1-10, Case No. 2:24-cv-00545 was transferred from the U.S. District Court for the Eastern District of Pennsylvania, to the U.S. District Court for the Southern District of New York on April 29, 2024. The District Court Clerk assigned Case No. 1:24-cv-03236-LJL to the proceeding. The nature of suit is stated as Anti-Trust for Antitrust Litigation (Monopolizing Trade). RPM International Inc. -- https://www.rpminc.com/ -- is a multinational holding company with subsidiaries that manufacture high-performance coatings, sealants, and specialty chemicals, primarily for maintenance, repair and improvement applications.[BN] The Plaintiff is represented by: Michael L. Roberts, Esq. Erich P. Schork, Esq. Sarah E. DeLoach, Esq. ROBERTS LAW FIRM US, PC 1920 McKinney Ave, Suite 700 Dallas, TX 75201 Phone: (501) 821-5575 Fax: (501) 821-4474 Email: mikeroberts@robertslawfirm.us erichschork@robertslawfirm.us sarahdeloach@robertslawfirm.us - and - Joseph C. Kohn, Esq. William E. Hoese, Esq. KOHN, SWIFT & GRAF, P.C. 1600 Market Street, Suite 2500 Philadelphia, PA 19103 Phone: (215) 238-1700 Fax (215) 238-1968 Email: jkohn@kohnswift.com whoese@kohnswift.com S & C BRIDAL: Karim Sues over Blind-Inaccessible Website Design --------------------------------------------------------------- JESSICA KARIM, on behalf of herself and all others similarly situated, Plaintiff v. S & C Bridal, LLC, Defendant, Case No. 1:24-cv-02999-AT (S.D.N.Y., April 19, 2024), arises from Defendant's failure to design, construct, maintain, and operate their website to be fully accessible to and independently usable by Plaintiff and other blind or visually-impaired persons in violation of Plaintiff's rights under the Americans with Disabilities Act. Despite readily available accessible technology, the Defendant has chosen to rely on an exclusively visual interface that only those sighted customers can independently browse, select, and buy online without the assistance of others. Moreover, Defendant is violating basic equal access requirements under both state and federal law by failing to make the website accessible to blind persons, says the suit. Headquartered in Broadway, NY, S & C Bridal, LLC, is a Delaware limited liability company that owns and operates the website known as Usangels.com, which provides consumers with access to an array of goods and services, including, the ability to view dresses for special events, sleepwear, and accessories including veils and headbands. [BN] The Plaintiff is represented by: Gabriel A. Levy, Esq. GABRIEL A. LEVY, P.C. 1129 Northern Blvd, Suite 404 Manhasset, NY 11030 Telephone: (347) 941-4715 E-mail: Glevyfirm@gmail.com SANDUSKY, OH: Seeks More Time for Class Cert Response ----------------------------------------------------- In the class action lawsuit captioned as BLAKE McGORY, et. al., v. CITY OF SANDUSKY, Case No. 3:24-cv-00567-JJH (N.D. Ohio), the Defendant asks the Court to enter an order granting a month-long extension of time in which to respond to the plaintiffs' motion for class certification. As grounds for the motion counsel indicates that Sandusky's civil law department has recently lost one of its two attorneys due to her accepting employment at a law firm. The Law Director has been unable to devote sufficient time to complete the city's response. Another recent law graduate has accepted the position to replace her but will not start until May 21, 2024. The class certification matter has also been referred to the city's insurance company for a legal defense. The city has also been gathering data to support its arguments that the numerosity and similarly situated requirements of a class action have not been met in this matter. This motion is not being made for the purpose of delay but is necessary given the extraordinary demands placed upon this small office and the complexity of the matter at hand. Sandusky is an Ohio city on the shores of Lake Erie. It's known for its family attractions, including water, wildlife and amusement parks. A copy of the Defendant's motion dated May 7, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=3NPilN at no extra charge.[CC] The Defendant is represented by: L. Stewart Hastings, Jr., Esq. Director of Law City of Sandusky 240 Columbus Ave. Sandusky, OH 44870 Telephone: (419) 627-5729 E-mail: shastings@cityofsandusky.com SEAGATE TECHNOLOGY: Seeks Dismissal of Consolidated Securities Suit ------------------------------------------------------------------- Seagate Technology Holdings Public Limited Company disclosed in its Form 10-Q report for the quarterly period ended March 29, 2024, filed with the Securities and Exchange Commission on April 26, 2024, that it is facing consolidated case captioned "In re Seagate Technology Holdings PLC Securities Litigation." A hearing regarding Seagate's motion to dismiss occurred on March 26, 2024. A putative class action lawsuit alleging violations of the federal securities laws, "UA Local 38 Defined Contribution Pension Plan, et al. v. Seagate Technology Holdings PLC, et al.," was filed on July 10, 2023, in the U.S. District Court for the Northern District of California against Seagate Technology Holdings plc, Dr. William D. Mosley, and Gianluca Romano. The complaint alleges that it is a securities class action on behalf of all purchasers of Seagate common stock between September 15, 2020 and October 25, 2022, inclusive, and asserts claims under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b5-1. The complaint seeks unspecified monetary damages and other relief. The case was consolidated with another case on September 25, 2023. An amended complaint was filed on October 19, 2023. Seagate Technology Holdings PLC and its subsidiaries is a provider of data storage technology and infrastructure solutions. Its principal products are hard disk drives, commonly referred to as disk drives, hard drives or HDDs. SEAWORLD PARKS: Coppel Wins Bid for Class Certification -------------------------------------------------------- In the class action lawsuit captioned as FERNANDO COPPEL et al., individually and as a representative of a Putative Class of Participants and Beneficiaries on behalf of the SWBG, LLC, 401(K) PLAN, f/k/a "SEAWORLD PARKS AND ENTERTAINMENT 401(K) PLAN," v. SEAWORLD PARKS & ENTERTAINMENT, INC. et al., Case No. 3:21-cv-01430-RSH-DDL (S.D. Cal.), the Hon. Judge Robert Huie entered an order: -- granting Defendants' ex parte motion for leave to file a notice of supplemental authority, -- granting Plaintiffs' motion for class certification, and -- certifying the following class and subclasses: a. "All participants in or beneficiaries of the SeaWorld Parks and Entertainment 401(K) PLAN, and the SWBG, LLC 401(K) PLAN from Aug. 10, 2015, through the date of judgment, excluding the Defendants and members of the Defendant Boards and Committees." i. The MassMutual Subclass: "All class members who participated in the Plan while Mass Mutual was the Plan's recordkeeper." ii. The Prudential Subclass: "All class members who participated in the Plan while Prudential was the Plan's recordkeeper." iii. The Injunctive Relief Subclass: "All class members who currently participate in the Plan." -- appointing named Plaintiffs Coppel, Martinez, Mitchell, Uriostegui, and Usselman as class representatives; and Christina A. Humphrey, Robert N. Fisher, James A. Clark, and Renee Parras Ortega as co-lead class counsel. On March 1, 2010, SeaWorld began offering its employees a defined contribution 401(k) retirement savings plan, the SWBG, LLC 401(k) Plan, formerly known as the SeaWorld Parks & Entertainment 401(k) Plan. The Plaintiffs originally filed this putative class action on Aug. 9, 2021. The Plaintiffs bring this action under the Employee Retirement Income Security Act ("ERISA"), on behalf of the Plan, individually and as representatives of participants and beneficiaries of the Plan, against the Defendant. SeaWorld is a marine-life theme park. A copy of the Court's order dated May 8, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=40QzBc at no extra charge.[CC] SELECTQUOTE AUTO: Davis Bid to Compel Discovery Responses Tossed ---------------------------------------------------------------- In the class action lawsuit captioned as BRADLEY P. DAVIS, v. SELECTQUOTE AUTO & HOME INSURANCE SERVICES, LLC, Case No. 3:22-cv-00185-RJC-DCK (W.D.N.C.), the Hon. Judge David Keesler entered an order denying the Plaintiffs' motion to compel discovery responses from the Defendant. The parties shall jointly file proposed revised case deadlines on or before May 15, 2024 The undersigned finds that Defendant's discovery responses are relevant and proportional to the needs of the case, and therefore, further production should not be compelled. The Plaintiff alleges that on Jan. 15, 2021, he "applied for the position of senior sales agent with Defendant at its Charlotte, North Carolina location." "Following his successful interview, the Plaintiff was extended a conditional offer of employment from the Defendant on Jan. 21, 2021." As part of his questionnaire responses, the Plaintiff disclosed that he had "a misdemeanor conviction for possession of marijuana in 2006, as well as a conviction for being an accomplice to common law battery in 2007." The Plaintiff argues that Defendant's employment policy "had and continues to have a disparate impact upon African-Americans in violation of" Title VII of the Civil Rights Act of 1964. On June 22, 2021, the Plaintiff filed a "Charge of Discrimination" with the Equal Employment Opportunity Commission ("EEOC"). The Plaintiff defines the class that he seeks to represent as: "All African-American individuals who were not provided formal offers of employment for insurance sales positions based upon their conviction records at any time between 300 days prior to Jan. 21, 2021 until the damages phase of trial in this matter." SelectQuote is an insurance company that offers auto and home insurance services. A copy of the Court's order dated May 7, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=ezHFYG at no extra charge.[CC] SIKA AG: Cal Prime Suit Transferred to S.D. New York ---------------------------------------------------- The case styled as Cal Prime, Inc., on behalf of itself and all others similarly situated v. SIKA AG; SIKA CORPORATION; CHRYSO, INC.; GCP APPLIED TECHNOLOGIES, INC.; COMPAGNIE DE SAINT-GOBAIN S.A.; SAINT GOBAIN NORTH AMERICA; MASTER BUILDERS SOLUTIONS ADMIXTURES U.S., LLC; MASTER BUILDERS SOLUTIONS DEUTSCHLAND GMBH; CINVEN LTD.; CINVEN, INC.; THE EUCLID CHEMICAL COMPANY; RPM INTERNATIONAL INC.; AND JOHN DOES 1-10, Case No. 1:24-cv-00365 was transferred from the U.S. District Court for the Eastern District of California, to the U.S. District Court for the Southern District of New York on April 29, 2024. The District Court Clerk assigned Case No. 1:24-cv-03256-LJL to the proceeding. The nature of suit is stated as Anti-Trust for the Antitrust Litigation. Sika AG -- https://www.sika.com/en/ -- is a Swiss multinational specialty chemical company that supplies to the building sector and motor vehicle industry, headquartered in Baar, Switzerland.[BN] The Plaintiff is represented by: Jon A. Tostrud, Esq. TOSTRUD LAW GROUP, PC 1925 Century Park East, Suite 2100 Los Angeles, CA 90067 Phone: 310/278-2600 Facsimile: 310/278-2640 Email: jtostrud@tostrudlaw.com SIKA AG: D'Onofrio General Suit Transferred to S.D. New York ------------------------------------------------------------ The case styled as D'Onofrio General Contractors Corp., on behalf of itself and all others similarly situated v. SIKA AG; SIKA CORPORATION; CHRYSO, INC.; GCP APPLIED TECHNOLOGIES, INC.; COMPAGNIE DE SAINT-GOBAIN S.A.; SAINT GOBAIN NORTH AMERICA; MASTER BUILDERS SOLUTIONS ADMIXTURES U.S., LLC; MASTER BUILDERS SOLUTIONS DEUTSCHLAND GMBH; CINVEN LTD.; CINVEN, INC.; THE EUCLID CHEMICAL COMPANY; RPM INTERNATIONAL INC.; AND JOHN DOES 1-10, Case No. 1:24-cv-00783 was transferred from the U.S. District Court for the Eastern District of New York, to the U.S. District Court for the Southern District of New York on April 29, 2024. The District Court Clerk assigned Case No. 1:24-cv-03255-LJL to the proceeding. The nature of suit is stated as Anti-Trust for the Sherman-Clayton Act. Sika AG -- https://www.sika.com/en/ -- is a Swiss multinational specialty chemical company that supplies to the building sector and motor vehicle industry, headquartered in Baar, Switzerland.[BN] The Plaintiff is represented by: Fred T. Isquith, Sr., Esq. ISQUITH LAW PLLC 103 East 84th Street New York, NY 10028 Phone: 718-775-6478 Email: isquithlaw@gmail.com - and - Thomas H. Burt, Esq. Lillian R. Grinnell, Esq. WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP 270 Madison Avenue, 9th Floor New York, NY 10016 Phone: (212) 545-4600 Fax: (212) 686-1094 Email: burt@whafh.com grinnell@whafh.com - and - Justin S. Nematzadeh, Esq. NEMATZADEH PLLC Founder & Managing Member 101 Avenue of the Americas, Suite 909 New York, NY 10013 Phone: (646) 799-6729 SIKA AG: H&S Ready Mix Suit Transferred to S.D. New York -------------------------------------------------------- The case styled as H&S Ready Mix, Inc., on behalf of itself and all others similarly situated v. SIKA AG; SIKA CORPORATION; CHRYSO, INC.; GCP APPLIED TECHNOLOGIES, INC.; COMPAGNIE DE SAINT-GOBAIN S.A.; SAINT-GOBAIN CORPORATION, MASTER BUILDERS SOLUTIONS ADMIXTURES U.S., LLC; MASTER BUILDERS SOLUTIONS DEUTSCHLAND GMBH; CINVEN LTD.; CINVEN, INC.; THE EUCLID CHEMICAL COMPANY; RPM INTERNATIONAL INC.; AND DOES 1-10, Case No. 2:24-cv-00164 was transferred from the U.S. District Court for the Eastern District of Pennsylvania, to the U.S. District Court for the Southern District of New York on April 29, 2024. The District Court Clerk assigned Case No. 1:24-cv-03246-LJL to the proceeding. The nature of suit is stated as Anti-Trust for Antitrust Litigation (Monopolizing Trade). Sika AG -- https://www.sika.com/en/ -- is a Swiss multinational specialty chemical company that supplies to the building sector and motor vehicle industry, headquartered in Baar, Switzerland.[BN] The Plaintiff is represented by: Dianne M. Nast, Esq. Daniel N. Gallucci, Esq. Michele S. Burkholder, Esq. NASTLAW LLC 1101 Market Street, Suite 2801 Philadelphia, PA 19107 Phone: (215) 923-9300 Fax: (215) 923-9302 Email: dnast@nastlaw.com dgallucci@nastlaw.com mburkholder@nastlaw.com - and - Daniel E. Gustafson, Esq. Daniel C. Hedlund, Esq. Michelle J. Looby, Esq. Matt Jacobs, Esq. GUSTAFSON GLUEK PLLC Canadian Pacific Plaza 120 So. Sixth Street, Suite 2600 Minneapolis, MN 55402 Phone: (612) 333-8844 Fax: (612) 339-6622 Email: dgustafson@gustafsongluek.com dhedlund@gustafsongluek.com mlooby@gustafsongluek.com mjacobs@gustafsongluek.com - and - Christopher V. Le, Esq. Joshua Q. Callister, Esq. BOIESBATTIN LLP 4041 University Drive, 5th Floor Fairfax, VA 22030 Phone: (703) 764-8700 Fax: (703) 764-8704 Email: cle@boiesbattin.com jcallister@boiesbattin.com - and - Simon B. Paris, Esq. Patrick Howard, Esq. SALTZ, MONGELUZZI, & BENDESKY, P.C. One Liberty Place, 52nd Floor 1650 Market Street Philadelphia, PA 19103 Phone: (215) 575-3985 Email: sparis@smbb.com phoward@smbb.com - and - Michael J. Boni, Esq. Joshua D. Snyder, Esq. BONI, ZACK & SNYDER LLC 15 St. Asaphs Road Bala Cynwyd, PA 19004 Phone: 610-822-0200 Email: mboni@bonizack.com jsnyder@bonizack.com - and - David M. Cialkowski, Esq. Ian F. McFarland, Esq. Zachary J. Freese, Esq. ZIMMERMAN REED LLP 1100 IDS Center 80 S. 8th St. Minneapolis, MN 55402 Phone: (612) 341-0400 Fax: (612) 341-0844 Email: david.cialkowski@zimmreed.com ian.mcfarland@zimmreed.com zachary.freese@zimmreed.com The Defendants are represented by: Jeremy Heep, Esq. Julian Newton Weiss, Esq. PEPPER, HAMILTON, L.L.P. 3000 Two Logan Square 18th and Arch Streets Philadelphia, PA 19103 Phone: (215) 981-4000 - and - Mark H. Hamer, Esq. BAKER MCKENZIE 815 Connecticut Avenue NW Washington, DC 20006 Phone: (202) 452-7077 - and - David Frazier, Esq. Jennifer L. Giordano, Esq. Marguerite M. Sullivan, Esq. LATHAM & WATKINS LLP (DC) 555 Eleventh Street, Nw, Suite 1000 Washington, DC 20004 Phone: (202) 637-2200 Fax: (202) 637-2201 Email: david.frazier@lw.com - and - Anne Salomon, Esq. Christa C. Cottrell, Esq. Daniel E. Laytin, Esq. KIRKLAND & ELLIS LLP 300 North Lasalle Chicago, IL 60654 Phone: (312) 862-3092 Email: anne.salomon@kirkland.com ccottrell@kirkland.com - and - Heather P. Lamberg, Esq. Bruce McCulloch, Esq. FRESHFIELDS BRUCKHAUS DERINGER US LLP 700 13th Street NW, Ste 10th Floor Washington D.C., DC 20005 Phone: (202) 777-4500 Email: bruce.mcculloch@freshfields.com - and - Anna E. Sanders, Esq. Gerald E. Burns, Esq. BUCHANAN INGERSOLL & ROONEY PC Two Liberty Place 50 S. 16th Street, Suite 3200 Philadelphia, PA 19102 Phone: (215) 665-3957 Email: anna.sanders@bipc.com - and - Abram J. Ellis, Esq. SIMPSON THACHER & BARTLETT LLP 1155 F Street NW Washington, DC 20004 Phone: (202) 636-5579 - and - Andrew P. Fishkin, Esq. FISHKIN LUCKS LLP One Gateway Center, Suite 1150 Newark, NJ 07102 Phone: (973) 536-2800 Fax: (973) 679-4435 Email: afishkin@fishkinlucks.com - and - Joshua Hazan, Esq. U.S. District Court 500 Pearl Street New York, NY 10007 Phone: (248) 506-3234 Email: joshua.hazan@stblaw.com - and - Peter Guryan, Esq. SIMPSON THACHER & BARTLETT LLP 425 Lexington Ave New York, NY 10017 Phone: (212) 455-2750 Email: peter.guryan@stblaw.com - and - Zachary Winthrop Silverman, Esq. FISHKIN LUCKS LLP One Gateway Center, Suite 1150 Newark, NJ 07102 Phone: (973) 536-2800 Fax: (973) 679-4435 Email: zsilverman@fishkinlucks.com SIKA AG: Park Construction Suit Transferred to S.D. New York ------------------------------------------------------------ The case styled as Park Construction Company, on behalf of itself and all others similarly situated v. SIKA AG; SIKA CORPORATION; CHRYSO, INC.; GCP APPLIED TECHNOLOGIES, INC.; COMPAGNIE DE SAINT-GOBAIN S.A.; SAINT GOBAIN NORTH AMERICA; MASTER BUILDERS SOLUTIONS ADMIXTURES U.S., LLC; MASTER BUILDERS SOLUTIONS DEUTSCHLAND GMBH; CINVEN LTD.; CINVEN, INC.; THE EUCLID CHEMICAL COMPANY; RPM INTERNATIONAL INC.; AND JOHN DOES 1-10, Case No. 0:24-cv-00441 was transferred from the U.S. District Court for the District of Minnesota, to the U.S. District Court for the Southern District of New York on April 29, 2024. The District Court Clerk assigned Case No. 1:24-cv-03224-LJL to the proceeding. The nature of suit is stated as Anti-Trust for the Antitrust Litigation. Sika AG -- https://www.sika.com/en/ -- is a Swiss multinational specialty chemical company that supplies to the building sector and motor vehicle industry, headquartered in Baar, Switzerland.[BN] The Plaintiff is represented by: Shawn M. Raiter, Esq. Larson King, LLP 30 E 7th St Ste 2800 St Paul, MN 55101-4922 Phone: (651) 312-6500 Fax: (651) 312-6615 SIKA AG: Vera Construction Suit Transferred to S.D. New York ------------------------------------------------------------ The case styled as Vera Construction, L.L.C., individually and on behalf of all others similarly situated v. SIKA AG; SIKA CORPORATION; CHRYSO, INC.; GCP APPLIED TECHNOLOGIES, INC.; COMPAGNIE DE SAINT-GOBAIN S.A.; SAINT GOBAIN NORTH AMERICA; MASTER BUILDERS SOLUTIONS ADMIXTURES U.S., LLC; MASTER BUILDERS SOLUTIONS DEUTSCHLAND GMBH; CINVEN LTD.; CINVEN, INC.; THE EUCLID CHEMICAL COMPANY; RPM INTERNATIONAL INC.; AND JOHN DOES 1-10, Case No. 2:23-cv-05135 was transferred from the U.S. District Court for the Eastern District of Pennsylvania, to the U.S. District Court for the Southern District of New York on April 29, 2024. The District Court Clerk assigned Case No. 1:24-cv-03244-LJL to the proceeding. The nature of suit is stated as Anti-Trust for Antitrust Litigation (Monopolizing Trade). Sika AG -- https://www.sika.com/en/ -- is a Swiss multinational specialty chemical company that supplies to the building sector and motor vehicle industry, headquartered in Baar, Switzerland.[BN] The Plaintiff is represented by: Heidi M. Silton, Esq. Jessica N. Servais, Esq. Joseph C. Bourne, esq. LOCKRIDGE, GRINDAL, NAUEN P.L.L.P. 100 Washington Ave. South, Ste. 2200 Mpls, MN 55401-2179 Phone: (612) 596-4092 Fax: (612) 339-0981 Email: hmsilton@locklaw.com jnservais@locklaw.com jcbourne@locklaw.com - and - Charles J. Kocher, Esq. MCOMBER, MCOMBER AND LUBER 50 Lake Center Drive, Suite 400 Marlton, NJ 08053 Phone: (856) 985-9800 The Defendants are represented by: Jeremy Heep, Esq. Julian Newton Weiss, Esq. PEPPER, HAMILTON, L.L.P. 3000 Two Logan Square 18th and Arch Streets Philadelphia, PA 19103 Phone: (215) 981-4000 - and - Mark H. Hamer, Esq. BAKER MCKENZIE 815 Connecticut Avenue NW Washington, DC 20006 Phone: (202) 452-7077 - and - Anne Salomon, Esq. Christa C. Cottrell, Esq. Daniel E. Laytin, Esq. KIRKLAND & ELLIS LLP 300 North Lasalle Chicago, IL 60654 Phone: (312) 862-3092 Email: anne.salomon@kirkland.com ccottrell@kirkland.com - and - Heather P. Lamberg, Esq. Bruce McCulloch, Esq. FRESHFIELDS BRUCKHAUS DERINGER US LLP 700 13th Street NW, Ste 10th Floor Washington D.C., DC 20005 Phone: (202) 777-4500 Email: bruce.mcculloch@freshfields.com - and - Anna E. Sanders, Esq. Gerald E. Burns, Esq. BUCHANAN INGERSOLL & ROONEY PC Two Liberty Place 50 S. 16th Street, Suite 3200 Philadelphia, PA 19102 Phone: (215) 665-3957 Email: anna.sanders@bipc.com - and - Abram J. Ellis, Esq. SIMPSON THACHER & BARTLETT LLP 1155 F Street NW Washington, DC 20004 Phone: (202) 636-5579 - and - Andrew P. Fishkin, Esq. FISHKIN LUCKS LLP One Gateway Center, Suite 1150 Newark, NJ 07102 Phone: (973) 536-2800 Fax: (973) 679-4435 Email: afishkin@fishkinlucks.com - and - Joshua Hazan, Esq. U.S. District Court 500 Pearl Street New York, NY 10007 Phone: (248) 506-3234 Email: joshua.hazan@stblaw.com - and - Peter Guryan, Esq. SIMPSON THACHER & BARTLETT LLP 425 Lexington Ave New York, NY 10017 Phone: (212) 455-2750 Email: peter.guryan@stblaw.com - and - Zachary Winthrop Silverman, Esq. FISHKIN LUCKS LLP One Gateway Center, Suite 1150 Newark, NJ 07102 Phone: (973) 536-2800 Fax: (973) 679-4435 Email: zsilverman@fishkinlucks.com SOUTHWEST AIRLINES: Seeks More Time to File Response ---------------------------------------------------- In the class action lawsuit captioned as ADRIAN BOMBIN and SAMANTHA ROOD, v. SOUTHWEST AIRLINES CO., Case No. 5:20-cv-01883-JMG (E.D. Pa.), the Defendant asks the Court to enter an order granting its unopposed motion for extension of time to respond to the Plaintiffs' motion for reconsideration of order denying class certification. On April 16, 2024, the Parties filed a Joint Status Report pursuant to this Court's April 12, 2023 order that the Parties provide "(1) information regarding any follow up to the notice to clarify certain evidence provided to the Court on March 13, 2024, and (2) information regarding whether a Motion for Reconsideration of Denial of Class Certification is anticipated." In the Joint Status Report, the parties agreed that Plaintiffs would file their Motion for Reconsideration by April 30, 2024, and that Southwest would file its response by May 23, 2024. The Plaintiffs filed the Motion to Reconsider on April 30, 2024. Pursuant to Local Rule 7.1(c), Southwest's response would be due on May 14, 2024. Southwest seeks an extension, pursuant to the agreement in the Joint Status Report, to May 23, 2024, to file its response to the Motion for Reconsideration. The extension is not being sought for delay but to permit Southwest to adequately respond to the Motion. Southwest Airlines is a major airline in the United States that operates on a low-cost carrier model. A copy of the Defendant's motion dated May 8, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=YA2sd1 at no extra charge.[CC] The Defendant is represented by: James V. Leito IV, Esq. Michael A. Swartzendruber, Esq. NORTON ROSE FULBRIGHT US LLP 2200 Ross Ave., Suite 3600 Dallas, TX 75201-7932 Telephone: (214) 855-8000 Facsimile: (214) 855-8200 E-mail: james.leito@nortonrosefulbright.com michael.swartzendruber@nortonrosefulbright.com - and - M. Roy Goldberg, Esq. Todd A. Noteboom, Esq. STINSON LLP 1775 Pennsylvania Avenue, N.W., Suite 800 Washington, DC 20006 Telephone: (202) 728-3005 E-mail: Roy.goldberg@stinson.com Todd.noteboom@stinson.com - and - James T. Moughan, Esq. BENNETT BRICKLIN & SALTZBURG LLC Centre Square West Tower, 32nd Floor 1500 Market Street Philadelphia, PA 19102 Telephone:(215) 665-3402 Facsimile: (215) 561-6661 E-mail: moughan@bbs-law.com SPECIALIZED LOAN: Fails to Pay Proper Overtime Wages, Butler Says ----------------------------------------------------------------- TYZHIMA BUTLER, individually, and on behalf of all others similarly situated v. SPECIALIZED LOAN SERVICING LLC, Case No. 1:24-cv-01087 (D. Colo., April 22, 2024) seeks damages for Defendant's alleged failure to pay overtime wages. The Plaintiff was employed by Defendant as an hourly-paid, non-exempt remote call center agent from approximately September 2021 until November 2023. The Plaintiff alleges that throughout her employment, Defendant failed to compensate her and all other similarly situated employees for all hours worked, including overtime hours worked at the appropriate overtime rate. Agents, including Plaintiff, were allegedly required by Defendant to perform pre- and mid-shift off-the-clock tasks but without compensation. Additionally, the Defendant failed to include all remuneration in its agents' overtime computations. The Plaintiff claims that such practices are in violation of the Fair Labor Standards Act and the Arizona Wage Act. Headquartered in Greenwood Village, CO, Specialized Loan Servicing, LLC is a third-party mortgage service provider. [BN] The Plaintiff is represented by: Kevin J. Stoops, Esq. Albert J. Asciutto, Esq. SOMMERS SCHWARTZ, P.C One Towne Square, 17th Floor Southfield, MI 48076 Telephone: (248) 355-0300 E-mail: kstoops@sommerspc.com aasciutto@sommerspc.com STUBHUB INC: Hong Sues Over Deceptive Ticket Pricing Practices -------------------------------------------------------------- BRIAN HONG, individually and on behalf of all others similarly situated v. STUBHUB, INC, Case No. 2:24-cv-03318 (C.D. Cal., April 22, 2024) alleges the Defendant of deceptive business practices, in violation of various California laws. This action arises from Defendant's alleged practice of misrepresenting the prices of tickets sold through its online platform, StubHub.com. When using the platform, customers are given the option to view the tickets' prices with estimated fees via an "Estimated Fees Filter" before making a purchase. However, it was discovered that Defendant consistently and systematically understates the estimated fees it charges users according to a strict computer algorithm. Specifically, Defendant invariably understates the total cost of every single ticket by between $2 and $3 per ticket. Customers only become aware of the price increases at the final checkout screen and are forced to complete their purchase as quickly as possible to avoid being kicked out and redirected to the ticket selection page. The Plaintiff, on behalf of himself and all others who purchased a ticket on StubHub.com using the Estimated Fees Filter, asserts claims for violation of California's Ticket Sale Law, California's Unfair Competition Law, Consumers Legal Remedies Act, and California's False Advertising Law, as well as claims for fraud and unjust enrichment. StubHub is an American ticket exchange and resale company based in Draper, UT. [BN] The Plaintiff is represented by: L. Timothy Fisher, Esq. Stefan Bogdanovich, Esq. Emily A. Horne, Esq. BURSOR & FISHER, P.A. 1990 North California Blvd., Suite 940 Walnut Creek, CA 94596 Telephone: (925) 300-4455 Facsimile: (925) 407-2700 E-mail: ltfisher@bursor.com sbogdanovich@bursor.com ehorne@bursor.com T-MOBILE US: Borzenkova Seeks Damages for Biometric Law Violations ------------------------------------------------------------------ VALERIIA BORZENKOVA v. T-MOBILE US, INC, Case No. 1:24-cv-03070 (S.D.N.Y., April 22, 2024) is a class action accusing the Defendant of improperly using consumers' biometric data. The Plaintiff brings this action over Defendant's alleged unlawful use of biometric data it collects from consumers, including Plaintiff. Allegedly, Defendant's use of facial recognition, eye scan, and voiceprint technology systems to protect its stores from theft and fraud is "profit-motivated" and violates consumers' privacy rights. The Plaintiff claims that she did not provide consent to Defendant to use her biometric data for trade purposes and that Defendant's conduct is in violation of the New York City Biometric Law. T-Mobile US, Inc. is a mobile phone service provider based in Bellevue, WA. [BN] The Plaintiff is represented by: Anna Menkova, Esq. Adam Pollock, Esq. POLLOCK COHEN LLP 111 Broadway, Suite 1804 New York, NY 10006 Telephone: (212) 337-5361 E-mail: anna@pollockcohen.com adam@pollockcohen.com TAKEDA PHARMA: Filing of Class Cert Bid Due June 14 --------------------------------------------------- In the class action lawsuit captioned as Premera Blue Cross v. Takeda Pharmaceutical Company Limited, et al., Case No. 1:23-cv-12918 (D. Mass., Filed Nov. 30, 2023), Hon. Judge Myong J. Joun entered a scheduling order as follows: -- Close of fact discovery: May 17, 2024 -- Plaintiffs designate experts and serve June 7, 2024 Rule 26(a)(2) reports for experts offering opinions other than those bearing on class certification (includes end-payor plaintiffs (EPP) and retailers on common issues): -- Deadline for moving plaintiffs to notice June 7, 2024 depositions of Takeda witnesses on EPP-specific and retailer-specific issues: -- Director purchaser plaintiffs (DPP) June 14, 2024 motion for class certification and designation of experts and service of Rule 26(a)(2) reports for experts offering opinions bearing on class certification: -- Takeda designates experts and serves Aug. 2, 2024 Rule 26(a)(2) reports for experts offering opinions other than those bearing on class certification (includes EPPs and retailers on common issues): -- Takeda's opposition to DPPs' motion Aug. 23, 2024 for class certification and designation of experts and service of Rule 26(a)(2) reports for experts offering opinions bearing on class certification: -- Deadline for fact discovery of Sept.9, 2024 EPP-specific and retailer-specific issues: The nature of suit states antitrust.[CC] TANDYM GROUP: Faces Armstrong Data Breach Suit ---------------------------------------------- LYNETTE ARMSTRONG, on behalf of herself and all others similarly situated v. TANDYM GROUP, LLC, Case No. 1:24-cv-03072-JPO (S.D.N.Y., April 22, 2024) accuses the Defendant of failing to properly secure and safeguard Plaintiff's and other similarly situated employees' sensitive information. The Plaintiff's and Class members' personally identifiable information was compromised in a data breach that occurred on Defendant's systems on May 18, 2023. According to Plaintiff, the Defendant's failure to adequately protect the PII of its employees was mainly to blame for the data breach. Further, the Defendant omitted critical information from the notice letter it sent to those affected by the data breach, diminishing their ability to mitigate the harms resulting from the data breach. The Plaintiff now brings claims for negligence, breach of implied contract, breach of fiduciary duty, and unjust enrichment/quasi contract. Tandym Group, LLC is an employee staffing company located in New York, NY. [BN] The Plaintiff is represented by: Andrew J. Shamis, Esq. Leanna A. Loginov, Esq. SHAMIS & GENTILE P.A. 14 NE 1st Ave., Suite 705 Miami, FL 33132 Telephone: (305) 479-2299 E-mail: ashamis@shamisgentile.com lloginov@shamisgentile.com TAYLOR MORRISON: Continues to Defend Gundel Class Suit ------------------------------------------------------ Taylor Morrison Home Corp. disclosed in its Form 10-Q Report for the quarterly period ending March 31, 2024 filed with the Securities and Exchange Commission on April 30, 2024, that the Company continues to defend itself from the Gundel class suit On April 26, 2017, a class action complaint was filed in the Circuit Court of the Tenth Judicial Circuit in and for Polk County, Florida by Norman Gundel, William Mann, and Brenda Taylor against Avatar Properties, Inc. (an acquired AV Homes entity) ("Avatar"), generally alleging that the Company's collection of club membership fees in connection with the use of one of its amenities in our East homebuilding segment violates various laws relating to homeowner associations and other Florida-specific laws (the "Solivita litigation"). The class action complaint sought an injunction to prohibit future collection of club membership fees. On November 2, 2021, the court determined that the club membership fees were improper and that plaintiffs were entitled to $35.0 million in fee reimbursements. The Company appealed the court’s ruling to the Sixth District Court of Appeal on November 29, 2021, and the plaintiffs agreed to continue to pay club membership fees pending the outcome of the appeal. On June 23, 2023 the District Court affirmed the trial court judgment in a split decision, with three separate opinions. Recognizing the potential "far-reaching effects on homeowners associations throughout the State," the District Court certified a question of great public importance to the Florida Supreme Court, and it filed a notice to invoke the discretionary review of the Florida Supreme Court. On November 2, 2023, the Florida Supreme Court declined to exercise jurisdiction. Following the Florida Supreme Court's decision, it paid $64.7 million to the plaintiffs during the quarter ended December 31, 2023, which included the amount of the trial court's judgment, club membership fees received during the pendency of its appeal, pre-judgment interest and post-judgment interest. The Company expects to incur additional costs with respect to the plaintiff's legal fees and costs; however, such amount cannot be reasonably estimated. Plaintiffs have also asserted claims for additional pre-judgment interest, for which it believes it has substantial defenses. Taylor Morrison Home Corporation is into residential homebuilding and the development of lifestyle communities based in Arizona. TD BANK: Faces Caraffa Suit Over Unlawful Private Info Disclosure ----------------------------------------------------------------- MONICA CARAFFA, for herself and others similarly situated, Plaintiff v. TD BANK, N.A., Defendant, Case No. 240402762 (Del. Ch., April 19, 2024), alleges that the Defendant violated the Pennsylvania Wiretapping and Electronic Surveillance Control Act. Allegedly, the Defendant aids, employs, agrees, and conspires with a third party, Meta Platforms, Inc. (Facebook), to intercept communications sent and received by Plaintiff and Class Members, including communications that contain sensitive and confidential information. The Defendant has integrated the Facebook Tracking Pixel into the Website. Facebook, as enabled by Defendant, contemporaneously intercepts the URL of the webpages visited by Plaintiff and other Website users with aid of the Facebook Tracking Pixel. Moreover, by failing to procure consent before enabling Facebook to intercept these communications, Defendant violated WESCA, says the suit. Headquartered in Cherry Hill, NJ, TD Bank, N.A. provides banking services to many of Pennsylvania's banking customers. [BN] The Plaintiff is represented by: Benjamin F. Johns, Esq. SHUB & JOHNS LLC Four Tower Bridge 200 Barr Harbor Drive, Suite 400 Conshohocken, PA 19428 Telephone: (610) 477-8380 E-mail: bjohns@shublawyers.com - and - Philip L. Fraietta, Esq. Joshua D. Arisohn, Esq. BURSOR & FISHER, P.A. 1330 Avenue of the Americas, 32nd Floor New York, NY 10019 Telephone: (646) 837-7150 Facsimile: (212) 989-9163 E-mail: pfraietta@bursor.com jarisohn@bursor.com - and - Brittany S. Scott, Esq. BURSOR & FISHER, P.A. 1990 North California Blvd., Suite 940 Walnut Creek, CA 94596 Telephone: (925) 300-4455 Facsimile: (925) 407-2700 E-mail: bscott@bursor.com TELADOC HEALTH: Dismissal of Consolidated Suit Under Appeal ----------------------------------------------------------- Teladoc Health, Inc. disclosed in its Form 10-Q Report for the quarterly period ended March 31, 2024, filed with the Securities and Exchange Commission on October April 26, 2024, that a consolidated securities suit captioned "In re Teladoc Health, Inc. Securities Litigation" has been dismissed by the court. On November 17, 2023, the lead plaintiff filed an appeal in the United States Court of Appeals for the Second Circuit. On June 6, 2022, a purported securities class action complaint captioned "Schneider v. Teladoc Health, Inc., et. al." was filed in the U.S. District Court for the Southern District of New York against the Company and certain of the company's officers. The complaint was brought on behalf of a purported class consisting of all persons or entities who purchased or otherwise acquired shares of the company's common stock during the period October 28, 2021 through April 27, 2022. The complaint asserted violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder based on allegedly false or misleading statements and omissions with respect to, among other things, the company's business, operations, and prospects. The complaint seeks certification as a class action and unspecified compensatory damages plus interest and attorneys' fees. The Schneider action was consolidated under the caption "In re Teladoc Health, Inc. Securities Litigation," and on August 23, 2022, the court appointed Leadersel Innotech ESG as lead plaintiff pursuant to the Private Securities Litigation Reform Act of 1995. The lead plaintiff filed an amended complaint on September 30, 2022, on behalf of a purported class consisting of all persons or entities who purchased or otherwise acquired shares of the company's common stock during the period February 24, 2021 to July 27, 2022, and filed a second amended complaint on December 6, 2022, on behalf of a purported class consisting of all persons or entities who purchased or otherwise acquired shares of the company's common stock during the period February 11, 2021 to July 27, 2022. On July 5, 2023, the court granted the defendants' motion to dismiss the complaint. On November 17, 2023, the lead plaintiff filed an appeal in the United States Court of Appeals for the Second Circuit. Teladoc Health, Inc. is a healthcare company based in New York. TJX COMPANIES: Embeds Spy Pixel Trackers in Emails, Campos Says --------------------------------------------------------------- ARLETTE CAMPOS, individually and on behalf of all others similarly situated v. TJX COMPANIES, INC., Case No. 1:24-cv-11067 (D. Mass., April 22, 2024) accuses the Defendant of violating Arizona's Telephone, Utility and Communication Service Records Act. The Defendant, a multinational department store corporation, solicits customers to sign up for its email list to maximize sales. The Plaintiff and Class members are subscribers to that email list. Allegedly, Defendant embeds hidden spy pixel trackers within its promotional emails, allowing it to capture subscribers' sensitive information, including their reading habits and confidential email records. The Plaintiff claims that Defendant procures such information without subscribers' consent, in violation of Arizona's Telephone, Utility and Communication Service Records Act. TJX Companies, Inc. is an American off-price apparel and home fashions retailer based in Framingham, MA. [BN] The Plaintiff is represented by: Joel D. Smith, Esq. SMITH KRIVOSHEY, P.C. 867 Boylston Street 5th Floor #1520 Boston, MA 02116 Telephone: (617) 377-7404 Facsimile: (310) 566-9886 E-mail: joel@skclassactions.com - and - Yitzchak Kopel, Esq. Alec M. Leslie, Esq. Israel Rosenberg, Esq. BURSOR & FISHER, P.A. 1330 Avenue of the Americas, 32nd Floor New York, NY 10019 Telephone: (646) 837-7150 Facsimile: (212) 989-9163 E-mail: ykopel@bursor.com aleslie@bursor.com irosenberg@bursor.com TWITTER INC: Class Cert. Bid Filing in Ma Due June 17 ----------------------------------------------------- In the class action lawsuit captioned as FABIEN HO CHING MA, et al., v. TWITTER, INC., et al., Case No. 4:23-cv-03301-JST (N.D. Cal.), the Hon. Judge Jon Tigar entered a scheduling order as follows: Event Deadline Class certification motion due: June 17, 2024 Class certification opposition due: July 15, 2024 Class certification reply due: July 29, 2024 Hearing on motion for class certification: Aug. 22, 2024 Hearing on motion to compel arbitration: Oct. 3, 2024 Twitter. was an American social media company based in San Francisco, California, which operated and was named for its flagship social media network prior to its rebrand as X. A copy of the Court's order dated May 7, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=p0Iwue at no extra charge.[CC] TYCO FIRE: Camden City Sues Over Exposure to Toxic Chemicals ------------------------------------------------------------ CITY OF CAMDEN, CALIFORNIA WATER SERVICE COMPANY, CITY OF BENWOOD, CITY OF BROCKTON, CITY OF DELRAY BEACH, CITY OF FREEPORT, CITY OF SIOUX FALLS, CITY OF SOUTH SHORE, CORAOPOLIS WATER & SEWER AUTHORITY, DALTON FARMS WATER SYSTEM, MARTINSBURG MUNICIPAL AUTHORITY, TOWNSHIP OF VERONA, AND VILLAGE OF BRIDGEPORT, individually and on behalf of all others similarly situated v. TYCO FIRE PRODUCTS LP, individually and as successor in interest to The Ansul Company, and CHEMGUARD, INC, Case No. 2:24-cv-02321-RMG (D.S.C., April 22, 2024) seeks damages and other relief over the widespread contamination of drinking water supplies by per- and polyfluoroalkyl substances coming from Defendants' aqueous film-foaming foam products. According to Plaintiffs, Defendants have continued to manufacture and sell PFAS-containing AFFF despite being aware of the toxic nature of such products. As a result, the drinking water supplies of Plaintiffs have been contaminated with PFAS from Defendants' AFFF products, causing significant injury and damage to Plaintiffs and other similarly situated public water systems. Based in Marinette, WI, Tyco Fire Products LP manufactures and sells AFFF products. [BN] The Plaintiffs are represented by: Michael A. London, Esq. DOUGLAS AND LONDON PC 59 Maiden Lane, 6th Floor New York, NY 10038 Telephone: (212) 566-7500 Facsimile: (212) 566-7501 E-mail: mlondon@douglasandlondon.com - and - Paul J. Napoli, Esq. NAPOLI SHKOLNIK 1302 Avenida Ponce de León San Juan, PR 00907 Telephone: (833) 271-4502 Facsimile: (646) 843-7603 E-mail: pnapoli@nsprlaw.com - and - Scott Summy, Esq. BARON & BUDD, P.C. 3102 Oak Lawn Avenue, Suite 1100 Dallas, TX 75219 Telephone: (214) 521-3605 E-mail: ssummy@baronbudd.com - and - Joseph Rice, Esq. MOTLEY RICE LLC 28 Bridgeside Boulevard Mt. Pleasant, SC 29464 Telephone: (843) 216-9000 Facsimile: (843) 216-9440 E-mail: jrice@motleyrice.com TYSON FOODS: Colvin Wins Class Cert. Bid ---------------------------------------- In the class action lawsuit captioned as Colvin v. Tyson Foods, Inc. et al., Case No. 6:20-cv-00480 (E.D. Okla), the Hon. Judge Robert Shelby entered an order granting the Plaintiffs' motion for class certification and denying PPC's motion to exclude Singer's expert opinions. The court certifies a class consisting of all individuals and entities in the United States and its territories that were compensated for Broiler Grow-Out Services by a Defendant or Co-Conspirator (excluding Claxton and Allen Harim), or by a division, subsidiary, predecessor affiliate of a Defendant or Co-Conspirator (excluding Claxton and Allen Harim), at any time during the period of Jan. 27, 2013 through and including Dec. 31, 2019. Hausfeld LLP and Berger Montague PC are appointed Class Counsel and named Plaintiffs are appointed as Class representatives The Plaintiffs seek to certify a nationwide class of Growers who provided broiler grow-out services for PPC or one of its 20 co-conspirators while those Integrators participated in the alleged Overarching Agreement. Specifically, the Plaintiffs' Grower class is defined as follows: "All individuals and entities in the United States and its territories that were compensated for Broiler Grow-Out Services by a Defendant or Co-Conspirator (excluding Claxton and Allen Harim), or by a division, subsidiary, predecessor, or affiliate of a Defendant or Co-Conspirator (excluding Claxton and Allen Harim), at any time during the period of January 27, 2013, through and including December 31, 2019. The proposed class includes 24,354 Growers who raised at least one flock of broilers for either PPC or one of PPC's co-conspirators during the class period." The Plaintiffs, individually and on behalf of a class of similarly situated growers of broiler chickens (Growers), assert an antitrust claim against Defendant Pilgrim’s Pride Corporation (PPC). The Plaintiffs are, or were, Growers providing broiler grow-out services during the proposed class period. A copy of the Court's order dated May 8, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=Ces9hV at no extra charge.[CC] TYSON FOODS: McEntire Bid for Class Status OK'd ----------------------------------------------- In the class action lawsuit captioned as McEntire et al v. Tyson Foods, Inc. et al., Case No. 6:20-cv-00479 (E.D. Okla), the Hon. Judge Robert Shelby entered an order granting the Plaintiffs' motion for class certification and denying PPC's motion to exclude Singer's expert opinions. The court certifies a class consisting of all individuals and entities in the United States and its territories that were compensated for Broiler Grow-Out Services by a Defendant or Co-Conspirator (excluding Claxton and Allen Harim), or by a division, subsidiary, predecessor affiliate of a Defendant or Co-Conspirator (excluding Claxton and Allen Harim), at any time during the period of Jan. 27, 2013 through and including Dec. 31, 2019. Hausfeld LLP and Berger Montague PC are appointed Class Counsel and named Plaintiffs are appointed as Class representatives The Plaintiffs seek to certify a nationwide class of Growers who provided broiler grow-out services for PPC or one of its 20 co-conspirators while those Integrators participated in the alleged Overarching Agreement. Specifically, the Plaintiffs' Grower class is defined as follows: "All individuals and entities in the United States and its territories that were compensated for Broiler Grow-Out Services by a Defendant or Co-Conspirator (excluding Claxton and Allen Harim), or by a division, subsidiary, predecessor, or affiliate of a Defendant or Co-Conspirator (excluding Claxton and Allen Harim), at any time during the period of January 27, 2013, through and including December 31, 2019. The proposed class includes 24,354 Growers who raised at least one flock of broilers for either PPC or one of PPC's co-conspirators during the class period." The Plaintiffs, individually and on behalf of a class of similarly situated growers of broiler chickens (Growers), assert an antitrust claim against Defendant Pilgrim’s Pride Corporation (PPC). The Plaintiffs are, or were, Growers providing broiler grow-out services during the proposed class period. A copy of the Court's order dated May 8, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=OHphWi at no extra charge.[CC] USC: Class Cert Bid Filing Continued to Nov. 8 in Favell Suit ------------------------------------------------------------- In the class action lawsuit captioned as IOLA FAVELL, SUE ZARNOWSKI, MARIAH CUMMINGS, and AHMAD MURTADA, on behalf of themselves and all others similarly situated, v. UNIVERSITY OF SOUTHERN CALIFORNIA, Case No. 2:23-cv-00846-GW-MAR (C.D. Cal.), the Hon. Judge George Wu entered an order to continue class certification-related case deadlines as follows: Event Previous New Deadline Deadline Plaintiffs' Class Expert June 7, 2024 July 12, 2024 Report(s) USC's Deposition(s) of June 12-21, 2024 July 17-26, 2024 Plaintiffs' Class Expert(s) Plaintiffs' Motion for Sept. 25, 2024 Nov. 8, 2024 Class Certification USC's Response to Oct. 25, 2024 Dec. 9, 2024 Plaintiffs' Motion for Class Certification Plaintiffs' Reply in Nov. 8, 2024 Dec. 23, 2024 Support of Motion for Class Certification Court Hearing and Oral Nov. 25, 2024 Jan. 9, 2025 Argument on Motion for at 8:30 a.m. at 8:30 a.m. Class Certification The Defendant is a private institution that was founded in 1880. A copy of the Court's order dated May 7, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=GEIKQ5 at no extra charge.[CC] USC: Class Cert Bid Filing Continued to Nov. 8 in Zarnowski Suit ---------------------------------------------------------------- In the class action lawsuit captioned as IOLA FAVELL, SUE ZARNOWSKI, MARIAH CUMMINGS, and AHMAD MURTADA, on behalf of themselves and all others similarly situated, v. UNIVERSITY OF SOUTHERN CALIFORNIA, Case No. 2:23-cv-03389-GW-MAR (C.D. Cal.), the Hon. Judge George Wu entered an order to continue class certification-related case deadlines as follows: Event Previous New Deadline Deadline Plaintiffs' Class Expert June 7, 2024 July 12, 2024 Report(s) USC's Deposition(s) of June 12-21, 2024 July 17-26, 2024 Plaintiffs' Class Expert(s) Plaintiffs' Motion for Sept. 25, 2024 Nov. 8, 2024 Class Certification USC's Response to Oct. 25, 2024 Dec. 9, 2024 Plaintiffs' Motion for Class Certification Plaintiffs' Reply in Nov. 8, 2024 Dec. 23, 2024 Support of Motion for Class Certification Court Hearing and Oral Nov. 25, 2024 Jan. 9, 2025 Argument on Motion for at 8:30 a.m. at 8:30 a.m. Class Certification The Defendant is a private institution that was founded in 1880. A copy of the Court's order dated May 7, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=d3vTJA at no extra charge.[CC] VALLEY MOUNTAIN: Neff Files Suit in Cal. Super. Ct. --------------------------------------------------- A class action lawsuit has been filed against Valley Mountain Regional Center. The case is styled as Santino Neff, as an individual and on behalf of all other similarly situated v. Fidelity National Financial Inc., LoanCare LLC, Does 1-10, Case No. STK-CV-UBT-2024-0005170 (Cal. Super. Ct., San Joaquin Cty., April 29, 2024). The nature of suit is stated as Other Statutory Actions. Valley Mountain Regional Center -- https://www.vmrc.net/ -- provides diagnostic, evaluation, case management and prevention services to children and adults with developmental disabilities to include: autism, mental retardation, cerebral palsy, epilepsy and other special needs disabilities requiring treatment similar to mental retardation.[BN] The Plaintiff is represented by: Jason M. Wucetich, Esq. WUCETICH AND KOROVILAS LLP 222 North Pacific Coast Highway Suite 2000 El Segundo, CA 90245 Phone: (310) 335-2001 Fax: (310) 364-5201 Email: jason@wukolaw.com VANTAGE SUPPORTED: Green Seeks Proper Overtime Wages ---------------------------------------------------- NIKKI GREEN, On behalf of herself And all others similarly situated, Plaintiff v. VANTAGE SUPPORTED LIVING, LLC, Defendant, Case No. 2:24-cv-04061-BCW (W.D. Mo., April 19, 2024) arises from Defendant's unlawful employment practices that violated the Fair Labor Standards Act. Plaintiff Green was employed by the Defendant as an aide/life coach from approximately March 2021 to the present. Allegedly, Defendant's policy, practice and/or procedure has been, and continues to be, to willfully fail and refuse to properly pay minimum wages, straight time and overtime compensation due and owing to Plaintiff and all other similarly situated employees. Accordingly, Plaintiff also asserts claims for unjust enrichment and for violations of the Missouri Wage statutes. Based in California, MO, Vantage Supported Living, LLC provides independent support living services for adults with developmental disabilities. [BN] The Plaintiff is represented by: Michael Hodgson, Esq. THE HODGSON LAW FIRM, L.L.C. 3609 SW Pryor Road Lee’s Summit, MO 64082 Telephone: (816) 600-0117 E-mail: mike@thehodgsonlawfirm.com - and - Phillip M. Murphy II, Esq. PHILLIP MURPHY LAW 4717 Grand Ave., Ste. 300 Kansas City, MO 64112 Telephone: (913) 661-2900 E-mail: phillip@phillipmurphylaw.com VMSB LLC: Bid for Leave to File Class Cert Opposition OK'd ---------------------------------------------------------- In the class action lawsuit captioned as Volpe et al v. VMSB, LLC, Case No. 1:23-cv-23888 (S.D. Fla., Filed Oct. 11, 2023), the Hon. Judge Rodolfo A. Ruiz, II entered an order granting the Defendant's unopposed motion for leave of court to deem response in opposition timely filed. -- The court is in receipt of Defendant's response in opposition to Plaintiffs' motion to certify class, and deems it timely filed. The suit alleges violation of the Fair Labor Standards Act (FLSA).[CC] WARNER MUSIC: Class Cert Bid Filing in Hall Due July 26 ------------------------------------------------------- In the class action lawsuit captioned as JOHN HALL, an individual; and LANCE HOPPEN, on behalf of themselves and all others similarly situated, v. WARNER MUSIC GROUP CORP., a Delaware Corporation; WARNER MUSIC INC., a Delaware Corporation; and WARNER RECORDS INC., a Delaware Corporation, Case No. 3:22-cv-00457 (M.D. Tenn.), the Hon. Judge Aleta Trauger entered an order that the deadline for the Plaintiffs to file a motion for class certification and serve any expert disclosures in support thereof shall be July 26, 2024. Warner records and publishes music. A copy of the Court's order dated May 7, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=CPdHD2 at no extra charge.[CC] WASHINGTON FINE WINE: Branson Suit Removed to W.D. Washington ------------------------------------------------------------- The case styled as Lisa Branson, individually and on behalf of all others similarly situated v. WASHINGTON FINE WINE & SPIRITS, LLC, a Washington limited liability company doing business as TOTAL WINE & MORE; and DOES 1–20, Case No. 24-2-06594-6 SEA was removed from the Superior Court of the State of Washington for King County, to the United States District Court for the Western District of Washington on April 29, 2024, and assigned Case No. 2:24-cv-00589. On March 26, 2024, the Plaintiff alleges that WFW&S violated the Revised Code of Washington (RCW) by failing to post the wage scale or salary range for a Tukwila-based "Wine/Spirit Sales Associate" job.[BN] The Defendant is represented by: Malaika M. Eaton, Esq. McNAUL EBEL NAWROT & HELGREN PLLC 2029 Century Park East, Suite 3500 600 University Street, Suite 2700 Seattle, WA 98101 Phone: (206) 467-1816 Email: meaton@mcnaul.com - and - William J. Murphy, Esq. John J. Connolly, Esq. ZUCKERMAN SPAEDER LLP 100 East Pratt Street, Suite 2440 Baltimore, Maryland 21202-1031 Phone: (410) 332-0444 Email: wmurphy@zuckerman.com jconnolly@zuckerman.com WAYNE COUNTY, MI: 26 Plaintiffs Dismissed from Harris Suit ---------------------------------------------------------- In the class action lawsuit captioned as NICOLE HARRIS et al., v. COUNTY OF WAYNE, and TERRI GRAHAM, Case No. 2:23-cv-10986-LJM-APP (E.D. Mich.), the Hon. Judge Laurie Michelson entered an order granting in part and denying in part the Defendants' motion to dismiss such that the 26 Plaintiffs who were released from jail before April 27, 2016 are dismissed from this action. The case is very similar to Woodall, where the Sixth Circuit previously decided that Rule 23's commonality, typicality, adequacy-of-representation, and predominance requirements were not satisfied. Yet "a class must be certified before it may become a class action. Until the putative class is certified, the action is one between the [individual plaintiffs] and the defendants." And the remaining individual named Plaintiffs have timely claims to assert. So there is no basis to dismiss them now. In short, dismissing Plaintiffs with timely individual claims at this stage simply because they cannot be part of a class that may or may not be certified is premature. The lawsuit was filed on April 27, 2023. The parties agree that Plaintiffs are barred from bringing a class action for claims that accrued before April 27, 2020. The Plaintiffs -- 126 women who were formerly incarcerated at the Wayne County Jail—filed this civil rights class action under 42 U.S.C. section 1983, alleging that they were subjected to unconstitutional strip searches between 2014 and 2022. A copy of the Court's opinion and order dated May 7, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=ZYtUcR at no extra charge.[CC] XEROX CORP: Filing of Bid for Class Cert Revised to Feb. 4, 2025 ---------------------------------------------------------------- In the class action lawsuit captioned as BARRY COLE, on behalf of himself and on behalf of all similarly situated individuals, v. XEROX CORPORATION, a New York corporation, and DOES 1 through 10, inclusive, Case No. 2:23-cv-03846-AB-RAO (C.D. Cal.), the Hon. Judge Andre Birotte Jr. entered an order granting stipulation re: revised class certification briefing schedule: 1. The Plaintiff's deadline to move for class certification is Feb. 4, 2025. 2. The Defendant's opposition is due March 18, 2025. 3. The Plaintiff's reply is due April 8, 2025. 4. The hearing on Plaintiff's motion will be May 9, 2025 at 10:00 a.m. Xerox is an American multinational document management corporation. A copy of the Court's order dated May 7, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=W5GoxD at no extra charge.[CC] ********* S U B S C R I P T I O N I N F O R M A T I O N 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. 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