/raid1/www/Hosts/bankrupt/CAR_Public/240521.mbx
C L A S S A C T I O N R E P O R T E R
Tuesday, May 21, 2024, Vol. 26, No. 102
Headlines
3M CO: Bid to Dismiss PFAS Contamination Suit Remains Pending
3M CO: Discovery in Utilities Board of Tuskegee Suit Ongoing
A&H SECURITY: Fails to Pay Guards' OT Wages Under FLSA & NYLL
A.D.T. CORPORATION: Mitchener Sues Over Illegal Tracking
ABBOTT LABEL: McDermott Sues Over Failure to Pay Proper Wages
ADIDAS AMERICA: Website Inaccessible to Blind Users, Dalton Says
ADVOCATE AURORA: Morgan Sues to Recover Unpaid Overtime Wages
AIDA FORT LAUDERDALE: Mendoza Sues Over Unpaid Overtime Wages
AIR TUTORS LLC: Singleton Files Suit in Cal. Super. Ct.
AIRPORT MANAGEMENT: Hardy Suit Removed to C.D. California
ALL CONCEPTS: Craft Sues Over Alleged ERISA Violations
ALL SEASONS: Poma Suit Seeks to Recover Unpaid OT Wages Under FLSA
ALL TOWN: Fails to Pay Driver's Minimum & OT Wages, Tennon Alleges
ALLSTATE INSURANCE: Bond Suit Moved to D. Delaware
ALMA GOURMET: Web Site Not Accessible to Blind, Karim Suit Says
AMERICAN GENERAL: Anderson Suit Removed to N.D. Illinois
AMERITRUST MORTGAGE: Castaneda & Haluczak Suit Removed to C.D. Cal.
AMY'S SEAFOOD: Fails to Pay OT Wages Under FLSA, Howard Suit Claims
ANGELA MONACO: Web Site Not Accessible to Blind, Gomberg Alleges
ANVIZ GLOBAL: Steptour Sues Over Illegal Biometrics Collection
APPLE INC: Whiteside Suit Removed to N.D. California
ASBURY AUTOMOTIVE: Fails to Secure Personal Info, Pedraza Says
ASBURY AUTOMOTIVE: Johnson Sues Over Data Security Failure
ASBURY AUTOMOTIVE: Miller Sues Over Failure to Safeguard PII
ASR GROUP: Portland Sues Over Price Fixing of Granulated Sugar
ASSOCIATED WHOLESALE: Jenkins Files Suit in D. Kansas
ASSURED HEALTH GROUP: Matthews Files TCPA Suit in S.D. Florida
AT HOME STORES: Maldonado Labor Suit Removed to C.D. Cal.
AUTO CLUB: Murphy Sues Over Failure to Provide COBRA Notice
AVEANNA HEALTHCARE: Fails to Secure Clients' Info, Young Claims
AVIATION PERSONNEL: Fails to Pay Proper Overtime Wages, Chavez Says
AXT INC: Nowakowski Suit Transferred to N.D. California
A’DEL NATURAL: Faces Competello Suit Over Alleged Discrimination
BANK OF AMERICA: Allen Saltzman Suit Removed to C.D. California
BANNER HEALTH: Suit Transferred to D. Arizona
BASSETT'S ICE: Web Site Not Accessible to Blind, Gomberg Alleges
BELLA ELLA: Web Site Not Accessible to Blind, Karim Suit Says
BENCHMARK SENIOR LIVING: Reed Files Suit in Mass. Super. Ct.
BERRY DUNN: Davis Sues Over Alleged Private Data Breach
BERRY DUNN: Demel-Duff Sues Over Unsecured Private Information
BERRY DUNN: Faces Meyerson Suit Over Unknown Party's Info Access
BERRY DUNN: Faces Russell Suit Over Clients' Compromised Info
BERRY DUNN: Hickman Sues Over Private Data Breach
BLUE HAMMER: Tucker Files TCPA Suit in D. Colorado
BLUEGRASS HOSPITALITY: Fails to Pay Proper Wages, Brown Alleges
BOEHRINGER INGELHEIM: Faces Suit Over Inhalation Spray Monopoly
BOND JEWELERS: Gomberg Sues Over Blind-Inaccessible Website
BRIDGESTONE CORPORATION: Javier Sues Over conspiracy to fix prices
BUFFALO WILD WINGS: Machuca Files Suit in Cal. Super. Ct.
CELLCO PARTNERSHIP: Frelin Suit Seeks Unpaid OT Wages Under FLSA
CENTENNIAL BANK: Martin Sues Over Unprotected Private Information
CHANGE HEALTHCARE: Fails to Prevent Data Breach, Beginnings Says
CHICKEN COOP: Web Site Not Accessible to Blind, Sookul Suit Says
CHIMA LLC: Fails to Pay Proper Wages, Caruso Suit Alleges
COMMISSIONER OF SOCIAL SECURITY: Justice Files Suit in D. Maryland
CONSUMER SAFETY: Loses Bid to Dismiss Count I in Lopez Suit
CORTEVA AGRISCIENCE: Court Directs Discovery Plan Filing in Hashew
CRUMBL LLC: Faces Lockhart Suit Over Alleged CIPA Breach
DANVILLE SERVICES: Eckwood Suit Removed to D. Nevada
DARDEN CORPORATION: Faces Miller FCCPA Suit Over Collection Letter
DELICATO VINEYARDS: Martinez Files Suit in Cal. Super. Ct.
DELPHINUS ENGINEERING: Wilsterman Alleges Unauthorized Info Access
DELTA SCIENTIFIC: Faces Torres Wage-and-Hour Suit in California
DESERT HAVEN ENTERPRISES: Simon Files Suit in Cal. Super. Ct.
DESIGNED RECEIVABLE: Fails to Protect Customers' Info, Herrera Says
DIOTIMA INC: Sookul Sues Over Website Inaccessibility
DISPATCHHEALTH MANAGEMENT: Fails to Pay OT Wages, Easker Claims
DOCGO INC: Fails to Safeguard Patients' Info, Manuel Alleges
DOLLAR TREE: Villasenor Suit Removed to C.D. California
DORTCH ENTERPRISES: Jackson Seeks Unpaid Wages Under FLSA
DRM INC: Fails to Safeguard Employees' Info, Ruff Suit Alleges
DROPBOX INC: Guiffre Sues Over Alleged Private Data Breach
DUDE PRODUCTS: Charleston Water Files Suit in D. South Carolina
EDUCATIONAL COMPUTER: Golec Seeks Damages for Alleged Data Breach
EPSI INC: Staple Sues Over Unlawful Tip & Reimbursement Policies
EXACTA LAND: Cooley Sues Over Improper Land Search Fees
FLEWD INC: Faces Sookul Suit Over Blind Inaccessible Website
FUTURE US: Trackers Collect Visitors' IP Address, Motiani Says
GIANT VINTAGE: Website Inaccessible to Blind Users, Sookul Claims
GILLETTE CHILDREN’S: Faces Harris Suit Over Privacy Violations
GLOBE LIFE: Faces Miami Securities Suit Over 53% Stock Price Drop
GREEN DIAMOND: Faces Gregorio Suit Over Unsecured Private Info
HANESBRANDS INC: Website Inaccessible to Blind Users, Dalton Claims
HENRY FORD HOSPITAL: Boeman Sues Over Illegal Pay Practices
HILL’S PET: Faces Frost Suit Over Blind-Inaccessible Website
HOME HEALTH: Fails to Pay OT Wages Under FLSA, Muhammad Claims
HP INC: Pattison Sues Over Care Packs with "Risk Free" Rebates
ICF TECHNOLOGY: Fails to Pay Performers' Minimum Wages Under FLSA
ILL MERCHANDISE: Website Inaccessible to Blind, Sookul Suit Alleges
ILOV305 I LLC: Flores Seeks to Recover Unpaid OT Wages Under FLSA
INMARKET MEDIA: Lionetta & Wallace Sue Over Private Data Disclosure
IOSM INC: Parties Seek to Continue Class Certification Deadlines
IQVIA INC: Fischbein Can File Class Cert Reply Brief
J.B. POINDEXTER: Fails to Protect Employees' Info, Perlaki Claims
JAMES AVERY: Heiting Sues Over Unlawful Disclosure of Private Chats
JAMES VELISSARIS: Day Seeks to Certify Class of Film Crew Members
KAM'S AUTOMOTIVE: Fails to Pay Proper Wages, Beltran Suit Says
KAONA INC: Faces Kim Wage-and-Hour Class Suit in S.D.N.Y.
KNOX COLLEGE: Delacruz Files ADA Suit in S.D. New York
KOOMA III: Class Action Settlement in Lunemann Gets Initial Nod
LA TORTILLA FACTORY: Gonzalez Sues Over Worker Misclassification
LENNOX INDUSTRIES: Gonzales Labor Suit Removed to C.D. California
LF2 INC: Stonebraker Sues Over Unpaid Minimum, OT Wages Under FLSA
LINEAGE LOGISTICS: Saul Sues Over Associates' Unpaid Minimum Wages
LOWE'S COMPANIES: Embeds Tracking Pixels in Emails, Dominguez Says
LUNDQUIST CONSULTING: Filing of Class Cert Bid Extended to June 27
MAC COSMETICS: Fails to Pay OT Wages, Leyva Class Suit Alleges
MACPHERSON OIL: Case Management Dates in Johnston Stayed
MACY'S INC: Class Counsel Awarded $3.5MM in Attorneys' Fees
MADISON RESTAURANT: Fass Sues Over Unlawful Tip Credit Policy
MARATHON PETROLEUM: Duhe Suit Seeks Class Certification
MARIO GIBSON: Harb Sues Over Unpaid Overtime & Retaliation
MARTIN MARTIN: Pardinas Sues Over Unsolicited Telemarketing Calls
MEDSPA & BEAUTYFIX: Fried Sues Over Unsolicited Telephone Calls
MERRILL LYNCH: Milligan Seeks to Recover FAs' Deferred Compensation
MIDLAND FUNDING: Briefing Schedule Order Entered in Stromberg Suit
MILLER-DM INC: Ruiz Files Suit in Cal. Super. Ct.
MULTIPLAN INC: Faces Live Well Class Suit Over Trade Conspiracy
MV TRANSPORTATION: Faces Harwig Suit Over BIPA Violations
NATIONAL ADVISORS: Fails to Secure Consumers' Info, Langer Alleges
NATIONAL EXEMPTION: Faces Hernandez Suit Over Collection Letter
NEW YORK COMMUNITY: Dindoffer Sues Over SEC Misleading Statements
NINE ENERGY: Fails to Pay Proper Wages, Calk Alleges
OCTAPHARMA PLASMA: Eaves Sues Over Massive Data Breach
OCTAPHARMA PLASMA: Fails Prevent Data Breach, Bakers Suit Alleges
OFFICIALMERCHANDISE.COM LLC: Sued Over Blind-Inaccessible Website
ONE & ONLY: Online Store Inaccessible to Blind Users, Sookul Claims
PANCHO VILLA'S: Meraz Files TCPA Suit in S.D. California
PANDA RESTAURANT: Faces Flessas Suit Over Alleged Data Breach
PAUL MARCIANO: Faces Class Suit Over Breaches of Fiduciary Duties
PERRY JOHNSON: Valencia Suit Removed to C.D. California
PHH MORTGAGE: Polcare Sues Over Final Letters With False Ultimatums
PHILADELPHIA INQUIRER: Hassell Sues Over Unprotected Personal Info
PIZZERIA OF ISLIP: Fails to Pay Cooks' OT Wages Under FLSA, NYLL
RABOT LLC: Sookul Sues Over Blind Users' Equal Access to Website
RECOVER-CARE HEALTHCARE: Fails to Pay Minimum, OT Wages Under FLSA
RICKITT BENCKISER: Acne Treatment Drug Has Benzene, Nelson Says
RILEY FINANCIAL: Donaldson Alleges False Registration Statements
ROBERT LUNA: Stewart Class Cert Hearing Continued to June 17
SHOWS CALI: Calogero Allowed to File Supplemental Memo
SOUTHERN CALIFORNIA: Olita Sues Over Unlawful Debt Collection
ST. CLAIR COUNTY, IL: Miller Bid for Conditional Status Partly OK'd
STATE FARM: Court's March 19, 2021 Order Vacated in Part
STERICYCLE INC: Fails to Pay Minimum & OT Wages, Velazquez Claims
STROM AVIATION: Fails to Pay Overtime Wages, Ambruster Suit Says
SUCCESS SYSTEMS: Powell Seeks More Time for Class Cert Bid Filing
SWORLD INC: Blind Can't Access Online Store, Sookul Suit Alleges
T&SD WING: Pan Sues Over Delivery Men's Unpaid Wages, Termination
TAKEDA PHARMACEUTICAL: Seeks to File Sur-Reply in EPPs Class Suit
TANDYM GROUP: Gomez Sues Over Inadequate Data Security Measures
TARGET CORPORATION: Panelli Suit Removed to N.D. California
TASKUS INC: Lozada Suit Seeks to Certify Class
TECO ENERGY: Seeks More Time to File Class Cert Response in Roche
TEKSYSTEMS INC: Class Cert Bid Filing Due July 31
TIREHUB LLC: Settlement Deal in Jones Suit Gets Final Nod
ULTA BEAUTY: Jurdi Alleges California's Trap and Trace Law Breach
UNITED LOCATING SERVICES: Garcia Sues Over Illegal Pay Practices
UNITED STATES: Court Extends Stay of Jimenez Suit
UNITEDHEALTH GROUP: Hall Sues Over Inadequate Data Security
VALLEY-MOUNTAIN REGIONAL: Simmons Sues Over Unprotected Info
VIKING RIVER: Faces Lvovsky Suit Over Illegal Collection Letter
WHOLE FOODS: Class Cert Bid Filing Extended to August 6
WILSON ELECTRIC: Mismanages Retirement Plan, Andrews Suit Alleges
YALLA VENTURES: Krayzman Sues Over False Ads for Purifiers, Filters
*********
3M CO: Bid to Dismiss PFAS Contamination Suit Remains Pending
-------------------------------------------------------------
3M Company 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 motion to dismiss the PFAS
contamination class suit in Wisconsin remains pending.
In Wisconsin, in August 2023, 3M and other defendants were named as
defendants in a putative class action brought in federal court by
several residents of Oneida County alleging property damage
resulting from PFAS contamination they attribute to the operations
of a paper mill in Rhinelander, Wisconsin.
In December 2023, the JPML denied 3M's request to transfer the case
to the AFFF MDL.
3M has filed a motion to dismiss, which remains pending.
3M is a diversified technology company with a global presence in
the following businesses: Safety and Industrial; Transportation and
Electronics; Health Care; and Consumer. It is among the leading
manufacturers of products for many of the markets it serves. Most
3M products involve expertise in product development,
manufacturing
and marketing, and are subject to competition from products
manufactured and sold by other technologically oriented companies.
3M CO: Discovery in Utilities Board of Tuskegee Suit Ongoing
------------------------------------------------------------
3M Company 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 discovery is ongoing in the
Utilities Board of Tuskegee class suit.
3M is also defending a putative class action filed in Alabama by
the Utilities Board of Tuskegee on behalf of all drinking water
utilities within Alabama whose finished drinking water has
contained a detectable concentration level of PFOA, PFOS, GenX, or
PFBS that exceed the June 2022 health advisory levels issued by the
EPA.
3M filed a motion to dismiss the complaint in October 2022, which
was granted in part and denied in part in February 2023.
The case is proceeding through discovery.
3M is a diversified technology company with a global presence in
the following businesses: Safety and Industrial; Transportation and
Electronics; Health Care; and Consumer. It is among the leading
manufacturers of products for many of the markets it serves. Most
3M products involve expertise in product development,
manufacturing
and marketing, and are subject to competition from products
manufactured and sold by other technologically oriented companies.
A&H SECURITY: Fails to Pay Guards' OT Wages Under FLSA & NYLL
-------------------------------------------------------------
MURAD KHAN, on behalf of himself and all others similarly situated
v. A&H SECURITY SERVICES, LLC, Case No. 1:24-cv-03491 (S.D.N.Y.,
May 6, 2024) sues the Defendant for its failure to pay overtime in
violation of the Fair Labor Standards Act and the New York Labor
Law.
Before beginning his assignment at a shelter, the Plaintiff was
assigned to work for the Defendant at an early-voting polling
location for the NYC Board of Elections ("BOE") on Staten Island
for the March 23-30 early voting period. The Plaintiff was paid a
regular hourly rate of $24 per hour at the BOE location but was not
paid time and one half his hourly rate for hours worked over 40,
the suit asserts.
For the overtime hours the Plaintiff was paid for, he was not paid
at the $36 hourly rate but rather was paid at a rate of $25 per
hour. Given that the Plaintiff's regular rate of pay was $24 per
hour, and his overtime rate of pay was $36, the Plaintiff was
underpaid by $9 per hour for 85 hours, for a total of $765 plus
liquidated damages and interest, the suit claims.
On April 4, 2024, the Plaintiff complained to Defendant's payroll
manager that he had not been paid the overtime he was owed for the
BOE assignment. Thereafter, all of Plaintiff's supervisors told him
that they did not have any available shifts for him. The Plaintiff
was never contacted or given another assignment. This was plainly
retaliation. The Defendant is constantly hiring new employees and
had work but denied Plaintiff any opportunities because of
retaliatory animus due to his complaint of not being paid overtime,
the Plaintiff alleges.
Plaintiff Khan was employed by the Defendant as a fire and security
guard from March 17, 2024 through March 30, 2024.
A&H is a go to security firm for hotels, asylums, shelters, medical
facilities, construction sites, and residential buildings.[BN]
The Plaintiff is represented by:
Orin Kurtz, Esq.
GARDY & NOTIS, LLP
150 East 52nd Street, 11th Floor
New York, NY 10022
Telephone: (212) 905-0509
Facsimile: (212) 905-0508
E-mail: okurtz@gardylaw.com
- and -
Daniel H. Kovel, Esq.
KOVEL LAW PLLC
14 East 96th Street, Suite 3
New York, NY 10128
Telephone: (646) 397-1729
A.D.T. CORPORATION: Mitchener Sues Over Illegal Tracking
--------------------------------------------------------
Courtney Mitchener, individually and on behalf of all others
similarly situated v. A.D.T. CORPORATION, a Michigan Corporation;
and DOES 1 through 25, inclusive, Case No. 5:24-cv-02721 (N.D.
Cal., May 7, 2024),is brought gainst the Defendant's illegal
conduct through its website by regularly tracking individuals.
The Defendant operates the website www.adt.com. Defendant has
installed on its Website software created by TikTok in order to
identify website visitors. (the "TikTok Software"). The TikTok
Software acts by via a process known as "fingerprinting." Put
simply, the TikTok Software collects as much data as it can about
an otherwise anonymous visitor to the Website and matches it with
existing data TikTok has acquired and accumulated about hundreds of
millions of Americans.
The TikTok Software is deployed automatically when a user lands on
Defendant's
website, as can be seen from the screenshot below, which shows the
network activity of electronic impulses being sent to TikTok from
defendant's website the moment a user lands on the site.
Thus, there is no way for website visitors to be informed (let
alone consent) to the tracking of their web activity by TikTok
since it happens automatically. The TikTok Software gathers device
and browser information, geographic information, referral tracking,
and url tracking. The TikTok Software also requests, validates, and
transmits other identifying information, including website visitors
phone numbers and email addresses. The Defendant did not obtain
Class Members' express or implied consent to be subjected to data
sharing with TikTok for the purposes of fingerprinting and
de-anonymization, says the complaint.
The Plaintiff is a citizen of California residing within the
Northern District of California.
The Defendant is security company home security systems and
services.[BN]
The Plaintiff is represented by:
Robert Tauler, Esq.
Matthew J. Smith, Esq.
TAULER SMITH LLP
626 Wilshire Boulevard, Suite 550
Los Angeles, CA 90017
Phone: (213) 927-9270
Email: robert@taulersmith.com
matthew@taulersmith.com
ABBOTT LABEL: McDermott Sues Over Failure to Pay Proper Wages
-------------------------------------------------------------
Timothy McDermott, on behalf of others similarly situated and the
State of California under the Private Attorneys General Act v.
ABBOTT LABEL, INC. and DOES 1 through 50, inclusive, Case No.
24NVVCV01424 (Cal. Super. Ct., Los Angeles Cty., May 6, 2024), is
brought for Defendants' systemic violations of the California Labor
Code and IWC Wage Orders against all aggrieved employees of
Defendants in California as a result of the Defendants failure to
pay proper wages.
The Defendants violated the aggrieved employees' rights by failing
to pay all minimum, regular, and overtime wages earned and owed,
failing to pay all wages owed for non-productive time, failing to
provide all paid sick leave, failing to provide all required meal
and rest periods and pay associated premiums, failing to pay all
unused vacation wages, failing to timely pay all wages during and
upon separation of employment, failing to pay all waiting time
penalties, failing to provide accurate, itemized wage statements,
failing to reimburse all necessary business expenses, failing to
provide all employee records upon written request, and failing to
maintain accurate records.
Specifically, Defendants required Plaintiff and other aggrieved
employees to remain on duty even when they were supposed to be
relieved of all duties, including during off-the-clock meal periods
and rest periods, and rounded down their hours worked Moreover,
Defendants failed to incorporate all bonuses and other
non-discretionary forms of pay into the aggrieved employees'
regular rate of pay for the purposes of paying overtime wages and
premiums. These policies, practices, and procedures resulted in
underpayments and lack of payments to the aggrieved employees, says
the complaint.
The Plaintiff worked for Defendants as a non-exempt Maintenance and
Safety Coordinator from May 15, 2023 to October 27, 2023.
Abbott Label, Inc. is a Texas corporation that maintains operations
and conducts business throughout the State of California, including
in this county.[BN]
The Plaintiff is represented by:
Nicholas J. Ferraro, Esq.
Lauren N. Vega, Esq.
David X. Lin, Esq.
FERRARO VEGA EMPLOYMENT LAWYERS, INC.
3333 Camino del Rio South, Suite 300
San Diego, CA 92108
Phone: (619) 693-7727
Fax: (619) 350-6855
Email: nick@ferrarovega.com
lauren@ferrarovega.com
david@ferrarovega.com
ADIDAS AMERICA: Website Inaccessible to Blind Users, Dalton Says
----------------------------------------------------------------
Julie Dalton, individually and on behalf of all others similarly
situated, Plaintiff v. Adidas America, Inc., Defendant, Case No.
0:24-cv-01564 (D. Minn., April 30, 2024) accuses the Defendant of
violating the Americans with Disabilities Act (ADA) and the the
Minnesota Human Rights Act.
The class action arises because Defendant's Website is not fully
and equally accessible to people who are blind or who have low
vision in violation of both the general non-discriminatory mandate
and the effective communication and auxiliary aids and services
requirements of the ADA, says the suit.
Headquartered in Portland, OR, Inc., Adidas America, Inc. offers
shoes, clothing, and accessories for sale through its physical
stores and through its website, www.adidas.com. [BN]
The Plaintiff is represented by:
Patrick W. Michenfelder, Esq.
Chad A. Throndset, Esq.
Jason Gustafson, Esq.
THRONDSET MICHENFELDER, LLC
80 South 8th Street, Suite 900
Minneapolis, MN 55402
Telepone: (763) 515-6110
E-mail: pat@throndsetlaw.com
chad@throndsetlaw.com
jason@throndsetlaw.com
ADVOCATE AURORA: Morgan Sues to Recover Unpaid Overtime Wages
-------------------------------------------------------------
Alice Morgan, individually, and on behalf of all others similarly
situated v. ADVOCATE AURORA HEALTH, INC., Case No. 1:24-cv-03544
(N.D. Ill., May 1, 2024), is brought on behalf of all other call
center agents who elect to opt-in to this action to recover unpaid
overtime wages, liquidated damages, and reasonable attorneys' fees
and costs as a result of Defendants' willful violations of the Fair
Labor Standards Act ("FLSA"), the Illinois Minimum Wage Law
("IMWL"), and the Illinois Wage Payment and Collection Act
("IWPCA").
The Defendant failed to pay call center agents for their time spent
starting up their computers, logging into required systems and
applications, and reviewing work-related e-mails and other
information, before their shifts, upon returning from their meal
breaks, and after their shifts, including time worked in excess of
40 hours in a workweek, says the complaint.
The Plaintiff was employed by Defendant as a call center agent.
The Defendant is an integrated health care network and operates a
call center to handle telephone calls from Defendant's clients and
customers and provide them with information and assistance.[BN]
The Plaintiff is represented by:
Jason T. Brown, Esq.
Edmund C. Celiesius, Esq.
BROWN, LLC
205 North Michigan Avenue, Suite 810
Chicago, IL 60601
Phone: (877) 561-0000
Fax: (855) 582-5279
Email: jtb@jtblawgroup.com
ed.celiesius@jtblawgroup.com
AIDA FORT LAUDERDALE: Mendoza Sues Over Unpaid Overtime Wages
-------------------------------------------------------------
Mayra Mendoza, and other similarly situated individuals v. Aida
Fort Lauderdale, LLC, d/b/a Chala, a/k/a Chala Taqueria, Eduardo P.
Gavilan, Marco Bardone, and Alberto Fenoll, individually, Case No.
0:24-cv-60751-XXXX (S.D. Fla., May 6, 2024), is brought to recover
monetary damages for unpaid regular and overtime wages under United
States laws, pursuant to the Fair Labor Standards Act ("FLSA").
The Plaintiff was paid her weekly salary, but she was not paid for
overtime hours. Plaintiff worked more than 40 hours, but she was
not paid for overtime hours, as required by law. The Plaintiff
clocked in and out, and Defendants controlled her schedule and
activities. Defendants knew the number of hours that Plaintiff and
other similarly situated individuals were working. Therefore,
Defendants willfully failed to pay Plaintiff overtime wages, at the
rate of time and a half her regular rate, for every hour that he
worked in excess of 40, in violation of the FLSA, says the
complaint.
The Plaintiff was a cook and performed general restaurant work.
Chala Taqueria is a Mexican restaurant.[BN]
The Plaintiff is represented by:
Zandro E. Palma, Esq.
ZANDRO E. PALMA, P.A.
9100 S. Dadeland Blvd., Suite 1500
Miami, FL 33156
Phone: (305) 446-1500
Facsimile: (305) 446-1502
Email: zep@thepalmalawgroup.com
AIR TUTORS LLC: Singleton Files Suit in Cal. Super. Ct.
-------------------------------------------------------
A class action lawsuit has been filed against Air Tutors LLC. The
case is styled as Sakari Singleton, an individual and on behalf of
similarly situated Aggrieved Employees v. Air Tutors LLC, Hasan
Ali, an individual, Does 1 through 20, Case No. 24STCV11892 (Cal.
Super. Ct., Los Angeles Cty., May 10, 2024).
Air Tutors -- https://airtutors.org/ -- provides high impact
digital tutorial services to support accelerated student learning
recovery.[BN]
The Plaintiff is represented by:
Jonathan P. LaCour, Esq., Esq.
EMPLOYEES FIRST LABOR LAW P.C.
1 S. Fair Oaks Ave., Suite 200
Pasadena, CA 91105
Phone: (310) 853-3461
Fax: (949) 743-5442
Email: jonathanl@pierrelacour.com
AIRPORT MANAGEMENT: Hardy Suit Removed to C.D. California
---------------------------------------------------------
The case styled as Shundrea Hardy, individually and on behalf of
others similarly situated v. AIRPORT MANAGEMENT SERVICES, LLC, and
DOES 1-10, inclusive, Case No. 24STCV08168 was removed from the
Superior Court of Los Angeles County, California, to the United
States District Court for the Central District of California on May
10, 2024, and assigned Case No. 2:24-cv-03945.
In Plaintiffs seek to certify three subclasses: a "Minimum Wage
Subclass," comprised of employees who allegedly were paid less than
the minimum wage under the Los Angeles Living Wage Ordinance; an
"Overtime Subclass," comprised of employees who allegedly were not
paid the correct overtime wage under the Los Angeles Living Wage
Ordinance; a "Waiting Time Penalty Subclass," comprised of
employees whose employment was terminated at any time on or after
April 1, 2021, and a "Wage Statement Subclass," comprised of
employees who received wage statements from AMS on or after April
1, 2023.[BN]
The Defendants are represented by:
Emily Burkhardt Vicente, Esq.
D. Andrew Quigley, Esq.
Veronica A. Torrejon, Esq.
HUNTON ANDREWS KURTH LLP
550 South Hope Street, Suite 2000
Los Angeles, CA 90071-2627
Phone: 213-532-2000
Facsimile: 213-532-2020
Email: ebvicente@HuntonAK.com
aquigley@HuntonAK.com
vtorrejon@HuntonAK.com
ALL CONCEPTS: Craft Sues Over Alleged ERISA Violations
------------------------------------------------------
RYAN CRAFT, individually, and on behalf of all others similarly
situated v. ALL CONCEPTS, LLC; FAB CREW, LLC; TROY HICKS; and MARK
WHITMIRE, Case No. 2:24-cv-00104-RWS (N.D. Ga., May 9, 2024)
accuses the Defendants of fiduciary duty violations of the Employee
Retirement Income Security Act of 1974.
The Plaintiff is a former employee of Defendants and was a
participant of certain employer-sponsored health, dental, and
vision plans, which constitute employee welfare benefit plans as
defined by ERISA. Plaintiff brings this action over Defendants'
alleged failure to remit premium payments to the insurance carriers
under the plans. The Defendants' conduct prevented the plans from
having the insurance funding to pay benefits to participants and
beneficiaries, resulting in the termination of Plaintiffs' health
insurance, dental, and vision benefits, says the Plaintiff.
Headquartered in Hall County, GA, All Concepts, LLC is a homebuild
company specializing in cabinets and countertops. [BN]
The Plaintiff is represented by:
Nancy B. Pridgen, Esq.
PRIDGEN BASSETT LAW, LLC
138 Bulloch Avenue
Roswell, GA 30075
Telephone: (404) 551-5884
Facsimile: (678) 812-3654
E-mail: nancy@pridgenbassett.com
- and –
Beverly A. Lucas, Esq.
LUCAS & LEON, LLC
Post Office Box 752
Clarkesville, GA 30523
Telephone: (706) 754-2001
Facsimile: (706) 754-8085
E-mail: beverly@lucasandleon.com
ALL SEASONS: Poma Suit Seeks to Recover Unpaid OT Wages Under FLSA
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BRAULIO MIGUEL GUAMAN POMA, individually and on behalf of others
similarly situated v. ALL SEASONS ROOFING AND SIDING INC. (D/B/A
ALL SEASONS ROOFING & SIDING), LUIS ESPINOZA, Case No.
7:24-cv-03536 (S.D.N.Y., May 8, 2024) seeks to recover for unpaid
overtime wages pursuant to the Fair Labor Standards Act of 1938 and
the New York Labor Law.
The Defendants allegedly maintained a policy and practice of
requiring the Plaintiff Poma and other employees to work in excess
of 40 hours per week without providing the overtime compensation
required by federal and state law and regulations. The Defendants
also failed to maintain accurate recordkeeping of the hours worked,
failed to pay Plaintiff Poma appropriately for any hours worked,
either at the straight rate of pay or for any additional overtime
premium.
From April 2023 until on December 12, 2023, the Defendants paid the
Plaintiff Poma $320 per day. Plaintiff Poma's pay did not vary even
when he was required to stay later or work a longer day than his
usual schedule, the suit claims.
Plaintiff Poma seeks certification of this action as a collective
action on behalf of himself, individually, and all other similarly
situated employees and former employees of the Defendants pursuant
to 29 U.S.C. Section 216(b). He was employed by the Defendants as a
construction worker at All Seasons Roofing & Siding from April 2023
until Dec. 12, 2023.
All Seasons is a certified roofing and siding contractor.[BN]
The Plaintiff is represented by:
Catalina Sojo, Esq.
CSM LEGAL, P.C.
60 East 42nd Street, Suite 4510
New York, NY 10165
Telephone: (212) 317-1200
Facsimile: (212) 317-1620
ALL TOWN: Fails to Pay Driver's Minimum & OT Wages, Tennon Alleges
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DEMONES TENNON, individually, and on behalf of all others similarly
situated v. ALL TOWN TRANSPORT, INC., a California Corporation; ALL
TOWN AMBULANCE, LLC, a California Corporation; RUBMART MEDTRANS, a
California Corporation; and DOES 1-20, inclusive, Case No.
24STCV10918 (Cal. Super., May 1, 2024) alleges that the Defendants
failed to accurately pay overtime wages, and minimum wages.
The Defendants also allegedly failed to provide meal periods before
the end of the fifth hour worked and failed to pay an additional
hour's of pay in lieu of providing a meal period before the end of
the fifth hour worked; and failed to pay all wages earned and owed
upon separation from the Defendant's employ.
During Plaintiff's employment, the Plaintiff was regularly required
to work over 8 hours in one day, and/or over 40 hours in one week.
But the Defendants regularly failed to pay the Plaintiff and other
non-exempt employees for all hours worked including minimum wage,
overtime and double time pay, the lawsuit asserts.
The Plaintiff and Aggrieved Employees were regularly required to
work in excess of six hours per day without the Defendants
providing them a timely, uninterrupted 30-minute meal period as the
Plaintiff and Aggrieved Employees were required to take shortened
meal periods because they were given too much work to do without
relief, the lawsuit adds.
Accordingly, the Plaintiff and Aggrieved Employees were not
provided lawful meal periods and were not provided with one hour of
wages in lieu thereof under the Defendants' policies and practices,
which included work schedules placed upon the Aggrieved Employees
from Defendants' management and supervisors to perform work at the
expense of their meal periods and the Defendants' implementation of
work schedules and workload requirements that denied Aggrieved
Employees all of their authorized meal periods.
The Plaintiff and the Aggrieved employees did not waive any of
their authorized and required meal periods, nor did they receive
one hour of regular pay for each day the Defendants failed to
provide a lawful meal period. As a result, the Plaintiff seeks
penalties under Labor Code sections 2698, et. seq. on behalf of the
general public as private attorney general and all other aggrieved
employees, says the suit.
The Plaintiff was employed as a non-exempt driver for the
Defendants and was primarily responsible for driving and
transporting patients from hospitals.
All Town provides transportation services throughout California,
including in Los Angeles County.[BN]
The Plaintiff is represented by:
Ronald W. Makarem, Esq.
Aidan McGlaze, Esq.
Daniel J. Bass, Esq.
MAKAREM & ASSOCIATES APLC
11601 Wilshire Boulevard, Suite 2440
Los Angeles, CA 90025-1760
Telephone: (310) 312-0299
Facsimile: (310) 312-0296
ALLSTATE INSURANCE: Bond Suit Moved to D. Delaware
--------------------------------------------------
The case styled as Joseph Bond, Tonia Jewell-Vines, on behalf of
themselves and others similarly situated, Petitioners v. Allstate
Insurance Company, Respondent, Case No. 1:23-cv-04385 was moved
from the USDC/NDIL, to the U.S. District Court for the District of
Delaware on May 1, 2024.
The District Court Clerk assigned Case No. 1:24-mc-00225-CFC to the
proceeding.
The nature of suit is stated as Other Statutory Actions.
The Allstate Corporation -- https://www.allstate.com/ -- is an
American insurance company, headquartered in Glenview, Illinois
since 2022.[BN]
The Plaintiffs are represented by:
Antranig N. Garibian, Esq.
GARIBIAN LAW OFFICES, P.C.
1523 Concord Pike, Suite 400
Wilmington, DE 19803
Phone: (302) 722-6885
Email: ag@garibianlaw.com
ALMA GOURMET: Web Site Not Accessible to Blind, Karim Suit Says
---------------------------------------------------------------
JESSICA KARIM, individually and on behalf of all others similarly
situated, Plaintiff v. ALMA GOURMET, LTD., Defendant, Case No.
1:24-cv-03239 (S.D.N.Y., April 4, 2024) alleges violation of the
Americans with Disabilities Act.
The Plaintiff alleges in the complaint that the Defendant's Web
site, https://www.almagourmet.com, is not fully or equally
accessible to blind and visually-impaired consumers, including the
Plaintiff, in violation of the ADA.
The Plaintiff seeks a permanent injunction to cause a change in the
Defendant's corporate policies, practices, and procedures so that
the Defendant's Web site will become and remain accessible to blind
and visually-impaired consumers.
ALMA GOURMET, LTD. sells Italian food 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
Email: Glevyfirm@gmail.com
AMERICAN GENERAL: Anderson Suit Removed to N.D. Illinois
--------------------------------------------------------
The case styled as Douglas Anderson, individually and on behalf of
similarly situated individuals v. AMERICAN GENERAL LIFE INSURANCE
COMPANY, Case No. 23-CH-09246 was removed from the Circuit Court of
Cook County, Illinois, to the United States District Court for the
Northern District of Illinois on May 6, 2024, and assigned Case No.
1:24-cv-03684.
As alleged in the Amended Complaint, on behalf of himself and a
proposed class, the Plaintiff brings a claim against Defendant for
a purported violation of the Illinois Genetic Information Privacy
Act ("GIPA"). The Plaintiff alleges that Defendant purportedly
violated GIPA by requesting and/or obtaining genetic information in
connection with applications for life insurance.[BN]
The Plaintiff is represented by:
Eugene Y. Turin, Esq.
Timothy P. Kingsbury, Esq.
Andrew T. Heldut, Esq.
MCGUIRE LAW, P.C.
55 W. Wacker Dr.
Chicago, IL 60601
Email: eturin@mcgpc.com
tkingsbury@mcgpc.com
aheldut@mcgpc.com
The Defendants are represented by:
Debra Bogo-Ernst, Esq.
Amanda S. Amert, Esq.
WILLKIE FARR & GALLAGHER LLP
300 N. LaSalle Drive
Chicago, IL 60654
Phone: (312) 728-9062
Fax: (312) 728-9199
Email: dernst@willkie.com
aamert@willkie.com
AMERITRUST MORTGAGE: Castaneda & Haluczak Suit Removed to C.D. Cal.
-------------------------------------------------------------------
The case styled Francisco Castaneda and Chandra Haluczak v.
AmeriTrust Mortgage Corporation; and DOES 1 through 50, inclusive,
Case No. 30-2024- 01372912-CU-OE-CXC, was removed from the Superior
Court for the State of California, in and for the County of Orange,
to the U.S. District Court for the Central District of California,
Southern Division, on May 9, 2024.
The Clerk of Court for the Central District of California assigned
Case No. 8:24-cv-01017 to the proceeding.
The case arises from the Defendants' alleged violations of the Fair
Labor Standards Act, including among others, failure to pay all
wages for all hours worked, including overtime, failure to provide
compliant meal and rest periods, and failure to provide accurate
wage statements.
AmeriTrust Mortgage Corporation is a mortgage lender headquartered
in Illinois. [BN]
The Defendants are represented
by:
R. Brian Dixon, Esq.
Angela J. Rafouth, Esq.
Daniel J. Rodriguez, Esq.
LITTLER MENDELSON, P.C.
101 Second Street Suite 1000
San Francisco, CA 94105
Telephone: (415)433-1940
Facsimile: (415)399-8490
E-mail: bdixon@littler.com
arafoth@littler.com
djrodriguez@littler.com
AMY'S SEAFOOD: Fails to Pay OT Wages Under FLSA, Howard Suit Claims
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ASHLEY HOWARD, ERIC BELLARD, MELINDA SIMON AND GAGE SMITH, on
behalf of themselves and all those similarly situated, v. AMY'S
SEAFOOD MART, L.L.C. AND AMY DOMINIQUE GALLOWAY, d/b/a AMY'S
SEAFOOD MART, Case No. 2:24-cv-01152-CJB-MBN (E.D. La., May 6,
2024) seeks unpaid overtime wages in violation of the Fair Labor
Standards Act.
Plaintiffs Howard and Bellard were regularly required to work in
excess of 40 hours per week. However, the Plaintiffs were never
paid at a rate of one and one-half times her hourly rate of pay for
those hours worked in excess of 40 per week.
The Plaintiffs, along with some of her co-workers, complained to
the Defendants regarding their failure to be paid overtime and
requested that they be paid in accordance with the provisions of
the FLSA. Nonetheless, the Defendants refused to pay them overtime.
As a result, the Plaintiffs and some of her co-workers staged a
"walk out" to demonstrate their intent to secure proper overtime
pay. Instead of complying with the law, the Defendants instead
terminated the Plaintiff Howard and her fellow co-workers for
seeking to enforce their rights under the FLSA.
In addition, the Plaintiffs assert individual claims under the
Louisiana Final Wage Payment Act for unpaid final wages based upon
the Defendants' unlawful deductions from their final pay. Finally,
the Plaintiffs assert individual claims for unlawful retaliation
against them -- ultimately resulting in their termination -- for
exercising their rights under the FLSA.
Plaintiff Howard began working for Defendants in late 2022 doing
"front of store" work such as performing stocking and cashier
tasks. She worked for Defendants until March 2024 and her hourly
rate of pay was initially $11.00 per hour and increased to $12.00
per hour.
Plaintiff Bellard began working for Defendants in 2020 doing "back
of store" or "back up guy" work such as performing re-stocking
merchandise, conducting inventory, moving product and materials
between locations and other necessary "back of house" tasks. He
worked for Defendants until March 2024.
Amy's operates two seafood retail stores, one in Jefferson Parish
and one in Washington Parish.[BN]
The Plaintiffs are represented by:
Jody Forester Jackson, Esq.
Mary Bubbett Jackson, Esq.
JACKSON+JACKSON
201 St. Charles Avenue, Suite 2500
New Orleans, LA 70170
Telephone: (504) 599-5953
Facsimile: (888) 988-6499
E-mail: jjackson@jackson-law.net
mjackson@jackson-law.net
ANGELA MONACO: Web Site Not Accessible to Blind, Gomberg Alleges
----------------------------------------------------------------
MATTHEW GOMBERG, individually and on behalf of all others similarly
situated, Plaintiff v. ANGELA MONACO JEWELRY, LLC, Defendant, Case
No. 2:24-cv-01850 (E.D., Pa., May 1, 2024) alleges violation of the
Americans with Disabilities Act.
The Plaintiff alleges in the complaint that the Defendant's Web
site, https://www.angelamonacojewelry.com, is not fully or equally
accessible to blind and visually-impaired consumers, including the
Plaintiff, in violation of the ADA.
The Plaintiff seeks a permanent injunction to cause a change in the
Defendant's corporate policies, practices, and procedures so that
the Defendant's Web site will become and remain accessible to blind
and visually-impaired consumers.
ANGELA MONACO JEWELRY, LLC specializing in ethical gemstone and
diamond jewelry. [BN]
The Plaintiff is represented by:
David Glanzberg, Esq.
Robert Tobia, Esq.
GLANZBERG TOBIA LAW, P.C
123 South Broad Street Suite 1640,
Philadelphia, PA 19109
Telephone: (215) 981-5400
Email: DGlanzberg@aol.com
robert.tobia@gtlawpc.com
ANVIZ GLOBAL: Steptour Sues Over Illegal Biometrics Collection
--------------------------------------------------------------
KEESHA STEPTOUR, individually, and on behalf of all others
similarly situated v. ANVIZ GLOBAL, INC. a California corporation,
Case No. 4:24-cv-02606 (N.D. Cal., May 1, 2024) sues the Defendant
for illegally collecting, obtaining, storing and/or using the
Plaintiff's, and other similarly situated individuals' biometric
identifiers and biometric information without informed written
consent, pursuant to the Illinois Biometric Information Privacy
Act.
Specifically, the Plaintiff and other similarly situated
individuals in Illinois were required to scan their faces on the
Defendant's biometric facial imaging devices to keep track of the
amount of time Plaintiffs were working for the Defendant's
customers, the suit claims.
The Plaintiff never consented, agreed or gave permission –
written or otherwise – to the Defendant for the collection or
storage of the biometric identifiers or biometric information
associated with her facial images. Further, the Defendant never
provided the Plaintiff, nor did she ever sign a written release
allowing this Defendant to collect or store the biometric
identifiers or biometric information associated with their facial
images, the Plaintiff asserts.
The Plaintiff brings this action on behalf of herself and a class
of similarly situated individuals to prevent Defendant from further
violating privacy rights and to recover statutory damages for the
Defendant's unauthorized collection, storage and use of Plaintiff's
biometrics.
The Plaintiff was employed by All Fleet in Zion, Illinois from Feb.
2022, through Jan. 11, 2023. As a condition of her employment, the
Plaintiff was required to scan her face on an Anviz Global Face
Deep Series biometric device to clock-in and clock-out of work.
The Defendant advertises itself as a world leading provider of
biometrics, video surveillance, intelligent smart homes, and smart
building solutions.[BN]
The Plaintiff is represented by:
Michael Ram, Esq.
MORGAN & MORGAN
COMPLEX LITIGATION GROUP
711 Van Ness Ave, Suite 500
San Francisco, CA 94102
Telephone: (415) 846-3862
E-mail: mram@forthepeople.com
- and -
Andrew R. Frisch, Esq.
MORGAN & MORGAN, P.A.
8151 Peters Road, 4th Floor
Plantation, FL 33324
Telephone: (954)327-5355
E-mail: afrisch@forthepeople.com
- and -
Jordan Richards, Esq.
JORDAN RICHARDS, PLLC
1800 SE 10th Ave. Suite 205
Fort Lauderdale, FL 33316
Telephone: (954) 871-0050
E-mail: Jordan@jordanrichardspllc.com
APPLE INC: Whiteside Suit Removed to N.D. California
----------------------------------------------------
The case styled as Kyle T. Whiteside, individually and on behalf of
all others similarly situated v. APPLE INC., Case No. 24-cv-434085
was removed from the Santa Clara Superior Court, State of
California, to the United States District Court for the Northern
District of California on May 6, 2024, and assigned Case No.
5:24-cv-02699.
The Plaintiff alleges that "Apple protects its monopoly power in
smartphones and performance smartphones by using its control over
app distribution and app creation to suppress or delay apps,
innovations, and technologies that would reduce user switching
costs or simply allow users to discover, purchase, and use their
own apps and content without having to rely on Apple." This
so-called "monopoly maintenance" is exemplified, according to
Plaintiff, by how Apple has supposedly "chosen to make its products
worse for consumers" by "delaying, degrading, or outright blocking
technologies that would increase competition in the smartphone
markets."[BN]
The Defendants are represented by:
Cynthia E. Richman, Esq.
GIBSON, DUNN & CRUTCHER LLP
1050 Connecticut Avenue, N.W.
Washington, DC 20036-5306
Phone: 202.955.8500
Facsimile: 202.467.0539
Email: crichman@gibsondunn.com
- and -
Daniel G. Swanson, Esq.
GIBSON, DUNN & CRUTCHER LLP
333 South Grand Avenue
Los Angeles, CA 90071
Phone: 213.229.7000
Facsimile: 213.229.7520
Email: dswanson@gibsondunn.com
ASBURY AUTOMOTIVE: Fails to Secure Personal Info, Pedraza Says
--------------------------------------------------------------
DAVID PEDRAZA, individually and on behalf of all others similarly
situated v. ASBURY AUTOMOTIVE GROUP, INC., Case No.
1:24-cv-02016-VMC (N.D. Ga., May 8, 2024) sues the Defendant for
its failure to properly secure and safeguard the Plaintiff's and
Class Members' personally identifiable information ("PII") stored
within the Defendant's information network.
On no later than Dec. 25, 2023, unauthorized third-party
cybercriminals gained access to the Plaintiff's and Class Members'
PII as hosted with the Defendant, with the intent of engaging in
the misuse of the PII, including marketing and selling Plaintiff's
and Class Members' PII.
As a result, the Plaintiff was injured in the form of lost time
dealing with the consequences of the Data Breach, which included
and continues to include: time spent verifying the legitimacy and
impact of the Data Breach; time spent exploring credit monitoring
and identity theft insurance options; time spent self-monitoring
their accounts with heightened scrutiny and time spent seeking
legal counsel regarding their options for remedying and/or
mitigating the effects of the Data Breach, the lawsuit asserts.
The Plaintiff was also injured by the material risk of future harm
based on the Defendant's breach; this risk is imminent and
substantial because the data involved, including Social Security
numbers, is highly sensitive and presents a high risk of identity
theft or fraud. Furthermore, the Plaintiff, as a result of the Data
Breach, has increased anxiety for their loss of privacy and anxiety
over the impact of cybercriminals accessing, using, and selling
their PII, says the lawsuit.
Plaintiff Pedraza is a citizen of Georgia, residing in Atlanta,
Georgia. He received a letter from the Defendant, dated April 22,
2024, stating that their PII was involved in the Data Breach.
The Defendant is a Fortune 500 company and one of the largest
franchised automotive retailers in the United States with 157 new
vehicle dealerships across 15 states.[BN]
The Plaintiff is represented by:
J. Cameron Tribble, Esq.
Kristen Tullos Oliver, Esq.
BARNES LAW GROUP, LLC
31 Atlanta Street
Marietta, GA 60060
Telephone: (770) 227-6375
E-mail: ctribble@barneslawgroup.com
ktullos@barneslawgroup.com
- and -
Kevin Laukaitis, Esq.
LAUKAITIS LAW LLC
954 Avenida Ponce De Leon
Suite 205, No. 10518
San Juan, PR 00907
Telephone: (215) 789-4462
E-mail: klaukaitis@laukaitislaw.com
ASBURY AUTOMOTIVE: Johnson Sues Over Data Security Failure
----------------------------------------------------------
STEPHEN JOHNSON, individually, and on behalf of all others
similarly situated v. ASBURY AUTOMOTIVE GROUP, INC., Case No.
1:24-cv-02043-VMC (N.D. Ga., May 9, 2024) accuses the Defendant of
failing to properly and adequately secure Plaintiff’s and Class
members' highly sensitive private information, resulting in a data
breach.
On December 25, 2023, the Defendant experienced a data breach in
which cybercriminals illegally accessed and stole private
information belonging to Plaintiff and Class members. Defendant
only began notifying individuals affected by the data breach on
April 22, 2024. The Plaintiff alleges that the data breach was
mainly caused by Defendant's failure to implement reasonable
security protections to safeguard its information systems and
databases. The Plaintiff and Class members suffered injuries as a
result of Defendant's conduct and now assert claims for negligence,
negligence per se, breach of implied contract, unjust enrichment,
and invasion of privacy.
Asbury Automotive Group, Inc. is an automotive retailer based in
Duluth, GA. [BN]
The Plaintiff is represented by:
MaryBeth V. Gibson, Esq.
GIBSON CONSUMER LAW GROUP, LLC
4279 Roswell Road, Suite 208
Atlanta, GA 30342
Telephone: (678) 642-2503
E-mail: marybeth@gibsonconsumerlawgroup.com
- and -
David K. Lietz, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
5335 Wisconsin Avenue NW, Suite 440
Washington, D.C. 20015-2052
Telephone: (866) 252-0878
Facsimile: (202) 686-2877
E-mail: dlietz@milberg.com
ASBURY AUTOMOTIVE: Miller Sues Over Failure to Safeguard PII
------------------------------------------------------------
Evan Miller, individually, and on behalf of all others similarly
situated v. ASBURY AUTOMOTIVE GROUP, INC., Case No.
1:24-cv-01901-VMC (N.D. Ga., May 1, 2024), is brought seeking
monetary damages and injunctive and declaratory relief from
Defendant Asbury, arising from its failure to safeguard certain
Personally Identifying Information1 ("PII") and other sensitive,
non-public financial information (collectively, "Personal
Information") of thousands of its prospective, current, and former
employees, resulting in Defendant's network systems being
unauthorizedly accessed on or around December 25, 2023, and the
Personal Information of employees therein, including of Plaintiff
and the proposed Class Members, being disclosed, stolen,
compromised, and misused, causing widespread and continuing injury
and damages.
On December 25, 2023, Asbury's file servers were "hacked" and
unauthorizedly accessed, resulting in the unauthorized disclosure
of the Personal Information of Plaintiff and the Class Members,
including names, Social Security Numbers,2 Driver's license
numbers, and state identification numbers (the "Data Breach").
The Plaintiff and Members of the Class have suffered significant
injury and damages due to the Data Breach permitted to occur by
Asbury, and the resulting misuse of their Personal Information,
monetary damages including out-of-pocket expenses, including those
associated with the reasonable mitigation measures they were forced
to employ, and other damages. Plaintiff and the Class also now
forever face an amplified risk of further misuse, fraud, and
identity theft due to their sensitive Personal Information falling
into the hands of cybercriminals as a result of the tortious
conduct of Defendant.
The Plaintiff brings causes of action for negligence, negligence
per se, breach of express and implied contractual duties, unjust
enrichment, and bailment. The Plaintiff seeks damages and
injunctive and declaratory relief arising from Asbury's failure to
adequately protect his highly sensitive Personal Information, says
the complaint.
The Plaintiff is a former employee of Asbury.
Asbury is a Fortune 500 Company and "one of the largest automotive
retail and service companies in the U.S."[BN]
The Plaintiff is represented by:
Joseph B. Alonso, Esq.
Daniel H. Wirth, Esq.
ALONSO & WIRTH
1708 Peachtree Street, NW, Suite 207
Atlanta, GA 30309
Phone: (678) 928-4472
Email: jalonso@alonsowirth.com
dwirth@alonsowirth.com
- and -
Lynn A. Toops, Esq.
Amina A. Thomas, Esq.
COHEN & MALAD, LLP
One Indiana Square, Suite 1400
Indianapolis, IN 46204
Phone: (317) 636-6481
Email: ltoops@cohenandmalad.com
llafornara@cohenandmalad.com
ASR GROUP: Portland Sues Over Price Fixing of Granulated Sugar
--------------------------------------------------------------
PORTLAND HUNT-ALPINE CLUB, LLC, on behalf of itself and all others
similarly situated, Plaintiff v. ASR GROUP INTERNATIONAL, INC.,
AMERICAN SUGAR REFINING, INC., DOMINO FOODS, INC., UNITED SUGAR
PRODUCERS & REFINERS COOPERATIVE F/K/A UNITED SUGARS CORPORATION,
MICHIGAN SUGAR COMPANY, CARGILL, INC., COMMODITY INFORMATION, INC.,
and RICHARD WISTISEN, Defendants, Case No. 0:24-cv-01560-JMB-ECW
(D. Minn., April 30, 2024) is a class action against the Defendants
for violations of the antitrust laws of the United States and the
consumer protection laws of various states.
The case arises from the Defendants' unlawful agreement to
artificially raise, fix, maintain, or stabilize prices of
granulated sugar throughout the Class Period. The Defendants have
implemented their agreement by sharing accurate, competitively
sensitive, non-public information with one another, including
through Commodity. Commodity provided this reciprocal information
to the Defendants rapidly, often within hours of having received
it. The Defendants then used the information they received from
Commodity when deciding how much to charge for their products, says
the suit.
Portland Hunt-Alpine Club, LLC is a cocktail bar operator in
Maine.
ASR Group International, Inc. is a global producer and seller of
granulated sugar based in West Palm Beach, Florida.
American Sugar Refining, Inc. is a sugar producer based in West
Palm Beach, Florida.
Domino Foods, Inc. is a marketing and sales subsidiary of ASR Group
in Florida.
United Sugar Producers & Refiners Cooperative, formerly known as
United Sugars Corporation, is a marketing cooperative based in
Edina, Minnesota.
Michigan Sugar Company is a cooperative of sugar beet owners,
headquartered in Bay City, Michigan.
Cargill, Inc. is an American global food corporation based in
Minnetonka, Minnesota.
Commodity Information, Inc. is corporation based in Orem, Utah.
[BN]
The Plaintiff is represented by:
Shawn M. Raiter, Esq.
LARSON KING LLP
30 East Seventh Street, Suite 2800
St. Paul, MN 55101
Telephone: (651) 312-6518
Email: sraiter@larsonking.com
- and -
Michael J. Flannery, Esq.
CUNEO GILBERT & LADUCA, LLP
Two City Place Drive, Second Floor
St. Louis, MO 63141
Telephone: (314) 226-1015
Email: mflannery@cuneolaw.com
- and -
Daniel M. Cohen, Esq.
Cody McCracken, Esq.
Lissa Morgans, Esq.
CUNEO GILBERT & LADUCA, LLP
4725 Wisconsin Ave. NW, Suite 200
Washington, DC 20016
Telephone: (202) 789-3960
Facsimile: (202) 589-1813
Email: danielc@cuneolaw.com
cmccracken@cuneolaw.com
lmorgans@cuneolaw.com
ASSOCIATED WHOLESALE: Jenkins Files Suit in D. Kansas
-----------------------------------------------------
A class action lawsuit has been filed against Associated Wholesale
Grocers, Inc. The case is styled as Scott Jenkins, individually and
on behalf of all others similarly situated v. Associated Wholesale
Grocers, Inc., Case No. 5:24-cv-04039 (D. Kan., May 9, 2024).
The nature of suit is stated as Other P.I. for Breach of Fiduciary
Duty.
Associated Wholesale Grocers, Inc. -- https://awginc.com/ -- is the
United States's largest cooperative food wholesaler to
independently owned supermarkets and grocery stores.[BN]
The Plaintiff is represented by:
Lucy McShane, Esq.
Maureen M. Brady, Esq.
MCSHANE & BRADY LLC
1656 Washington Street Suite 140
Kansas City, MO 64108
Phone: (816) 888-8010
Email: lmcshane@mcshanebradylaw.com
mbrady@mcshanebradylaw.com
ASSURED HEALTH GROUP: Matthews Files TCPA Suit in S.D. Florida
--------------------------------------------------------------
A class action lawsuit has been filed against Assured Health Group,
LLC. The case is styled as Thomas Matthews, individually and on
behalf of all others similarly situated v. Assured Health Group,
LLC, Case No. 9:24-cv-80579-XXXX (S.D. Fla., May 6, 2024).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Assured Health Group -- https://www.assuredgroupllc.com/ --
provides health insurance through Health Shield platform.[BN]
The Plaintiff is represented by:
Mohammad Reza Kazerouni, Esq.
KAZEROUNI LAW GROUP APC
245 Fischer Ave, D1
Costa Mesa, CA 92626
Phone: (949) 612-9999
Fax: (800) 520-5523
Email: mike@kazlg.com
AT HOME STORES: Maldonado Labor Suit Removed to C.D. Cal.
---------------------------------------------------------
The class action lawsuit captioned as ADELINA MALDONADO,
individually, and on behalf of others similarly situated, v. AT
HOME STORES LLC, a limited liability company; and DOES 1 through
100, inclusive, Case No. 30-2024-01385910-CU-OE-CXC (Filed March
15, 2024) was removed from the Superior Court of the State of
California for the County of Orange to the United States District
Court for the Central District of California on May 9, 2024.
The Central California District Court Clerk assigned Case No.
8:24-cv-01020 to the proceeding.
The suit brings putative class claims for the alleged: (1) unpaid
overtime; (2) unpaid meal premiums; (3) unpaid rest period
premiums; (4) unpaid minimum wages; (5) final wages not timely
paid; (6) wages not timely paid during employment; (7) failure to
provide written notice of paid sick leave and supplemental paid
sick leave; (8) failure to provide accurate wage statements; (9)
failure to reimburse necessary business expenses; and (10)
violation of Cal. Business & Professions Code section 17200, et
seq.
The Plaintiff defines three classes that Defendant's hourly
employees fall into: (a) Hourly Employee Class; (b) Wage Statement
Penalties Class; (c) Waiting Time Penalties Class; and (d) UCL
Class. This includes, for example, an Hourly Employee Class that
includes "[a]ll current and former non-exempt employees of the
Defendant within the State of California at any time during the
Relevant Time Period."
At Home is an American big-box retail chain of home furnishing
stores.[BN]
The Defendant is represented by:
Alexander M. Chemers, Esq.
Nicole A. Naleway, Esq.
OGLETREE, DEAKINS, NASH,
SMOAK & STEWART, P.C.
400 South Hope Street, Suite 1200
Los Angeles, CA 90071
Telephone: (213) 239-9800
Facsimile: (213) 239-9045
E-mail: zander.chemers@ogletree.com
nicole.naleway@ogletree.com
AUTO CLUB: Murphy Sues Over Failure to Provide COBRA Notice
-----------------------------------------------------------
Regis Murphy, individually and on behalf of all others similarly
situated v. THE AUTO CLUB GROUP and UNIFY HR, Case No.
2:24-cv-11168-PDB-CI (E.D. Mich., May 1, 2024), is brought against
the Defendants, for violations of the Employee Retirement Income
Security Act of 1974 ("ERISA"), as amended by the Consolidated
Omnibus Budget Reconciliation Act of 1985 ("COBRA"), by failing to
provide Plaintiff and similarly situated persons with a timely and
compliant COBRA notice.
The failure to provide a timely and compliant COBRA notice misled
Plaintiff and similarly situated persons and caused Plaintiff and
those similarly situated economic injuries in the form of lost
health insurance and unpaid medical bills, as well as informational
injuries.
The Defendants are the plan sponsor and/or plan administrator of
certain group employee benefit plans including The Auto Club Group
Benefit Plan, The Auto Club Group Medical Care Plan, The Auto Club
Group Vision Care Plan, The Auto Club Group Dental Plan, The Auto
Club Group Long-Term Disability Plan, and The Auto Club Group
Critical Illness Plan (collectively, the "Plans") and/or similar
employer sponsored health and welfare plans that provided medical
insurance for certain of Defendants' employees, including
Plaintiff, during the proposed Class Period.
The Defendants have repeatedly violated ERISA by failing to timely
provide participants and beneficiaries in the Plans with adequate
notice, as prescribed by COBRA, of their right to continue their
health coverage upon the occurrence of a "qualifying event" as
defined by the statute. Defendants' failures to provide any COBRA
notification deprived Plaintiff and similarly situated persons the
opportunity to make an informed decision about the healthcare
options for themselves and their families. During Plaintiff's
tenure of employment by Defendants, Plaintiff received
employer-sponsored health insurance coverage and benefits from Blue
Cross BlueShield/Blue Cross BlueShield Michigan.
The Plaintiff experienced a qualifying event under COBRA.
Specifically, Plaintiff's employment with Defendant The Auto Club
Group was terminated on May 16, 2023, and his health insurance
coverage ended on May 31, 2023, however, Defendants did not provide
Plaintiff with a COBRA Continuation Coverage Election Notice (the
"Notice") until February 1, 2024 – more than eight months after
Plaintiff's COBRA qualifying event – making the Notice
approximately 217 days late.
As a result of these violations, which threaten Class Members'
ability to maintain their health insurance coverage, Plaintiff
seeks statutory penalties, injunctive relief, attorneys' fees,
costs and expenses, and other appropriate relief as set forth
herein and provided by law, says the complaint.
The Plaintiff has resided at the same address at all times relevant
to this case.
The Auto Club Group is the sponsor of the Plans.[BN]
The Plaintiff is represented by:
David Fink, Esq.
Nathan Fink, Esq.
FINK BRESSACK PLLC
38500 Woodward Avenue; Suite 350
Bloomfield Hills, MI 48304
Phone: (248) 971-2500
Email: dfink@finkbressack.com
nfink@finkbressack.com
- and -
Eric Lechtzin, Esq.
Marc Edelson, Esq.
EDELSON LECHTZIN LLP
411 S. State Street, Suite N-300
Newtown, PA 18940
Phone: (215) 867-2399
Email: elechtzin@edelson-law.com
medelson@edelson-law.com
- and -
Brandon J. Hill, Esq.
WENZEL FENTON CABASSA, P.A.
1110 N. Florida Avenue
Tampa, FL 33602
Phone: (813) 223-5505
Email: bhill@wfclaw.com
AVEANNA HEALTHCARE: Fails to Secure Clients' Info, Young Claims
---------------------------------------------------------------
ELAINE YOUNG, on behalf of herself and all others similarly
situated, Plaintiff v. AVEANNA HEALTHCARE, LLC, Defendant, Case No.
1:24-cv-01882-MLB (N.D. Ga., April 30, 2024) is a class action
against the Defendant for negligence, negligence per se, breach of
fiduciary duty, and breach of implied contract.
The case arises from the Defendant's failure to properly secure and
safeguard the personally identifiable information (PII) and
protected health information (PHI) of the Plaintiff and similarly
situated individuals stored within its network systems following a
data breach on or around September 22, 2023. The Defendant also
failed to timely notify the Plaintiff and similarly situated
individuals about the data breach. As a result, the private
information of the Plaintiff and Class members was compromised and
damaged through access by and disclosure to unknown and
unauthorized third parties, says the suit.
Aveanna Healthcare, LLC is a home health care services company,
with its headquarters and principal place of business in Atlanta,
Georgia. [BN]
The Plaintiff is represented by:
Andrew J. Shamis, Esq.
SHAMIS & GENTILE P.A.
14 NE 1st Ave., Suite 705
Miami, FL 33132
Telephone: (305) 479-2299
Email: ashamis@shamisgentile.com
AVIATION PERSONNEL: Fails to Pay Proper Overtime Wages, Chavez Says
-------------------------------------------------------------------
ANDY CHAVEZ, individually and for others similarly situated v.
AVIATION PERSONNEL, LLC, Case No. 2:24-cv-00413-KRS-GBW (D.N.M.,
May 1, 2024) seeks to recover unpaid overtime wages and other
damages from the Defendant pursuant to the Fair Labor Standards Act
and the New Mexico Minimum Wage Act.
Plaintiff Chavez worked for the Defendant as an aircraft mechanic
from approximately February 2021 until January 2022, from
approximately January 2023 until March 2023, and again in
approximately September 2023. Although Chavez and the other hourly
employees regularly work more than 40 hours in a workweek, Aviation
does not pay them overtime at the premium rate required by the
state and federal laws for hours worked in excess of 40 in a
workweek.
Headquartered in Ft. Worth, TX, Aviation Personnel, LLC is an
aviation staffing firm. [BN]
The Plaintiff is represented by:
Justin R. Kaufman, Esq.
Philip M. Kovnat, Esq.
DURHAM, PITTARD & SPALDING, LLP
505 Cerrillos Road, Suite A209
Santa Fe, NM 87501
Telephone: (505) 986-0600
Facsimile: (505) 986-0632
E-mail: jkaufman@dpslawgroup.com
pkovnat@dpslawgroup.com
- and -
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
JOSEPHSON DUNLAP LLP
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Telephone: (713) 352-1100
Facsimile: (713) 352-3300
E-mail: mjosephson@mybackwages.com
adunlap@mybackwages.com
- and -
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH PLLC
11 Greenway Plaza, Suite 3025
Houston, TX 77046
Telephone: (713) 877-8788
Facsimile: (713) 877-8065
E-mail: rburch@brucknerburch.com
AXT INC: Nowakowski Suit Transferred to N.D. California
-------------------------------------------------------
The case styled as Park Craig Nowakowski, and all others similarly
situated v. AXT, Inc., Morris S. Young, Gary L. Fischer, Case No.
1:24-cv-03341 was transferred from the U.S. District Court for the
Eastern District of New York, to the U.S. District Court for the
Northern District of California on May 9, 2024.
The District Court Clerk assigned Case No. 3:24-cv-02778-MMC to the
proceeding.
The nature of suit is stated as Securities/Commodities for
Securities Exchange Act.
AXT, Inc. -- http://www.axt.com/-- designs, develops,
manufactures, and distributes compound and single element
semiconductor substrates.[BN]
The Plaintiff is represented by:
Phillip Kim, Esq.
THE ROSEN LAW FIRM
275 Madison Avenue, 40th Floor
New York, NY 10016
Phone: (212) 686-1060
Fax: (212) 202-3827
Email: pkim@rosenlegal.com
The Defendant is represented by:
Eunice Leong, Esq.
FRESHFIELDS BRUCKHAUS DERINGER US LLP
855 Main Street
Redwood City, CA 94063
Phone: (650) 461-8277
Email: eunice.leong@freshfields.com
A’DEL NATURAL: Faces Competello Suit Over Alleged Discrimination
------------------------------------------------------------------
SUSAN COMPETELLO, on behalf of herself and all others similarly
situated v. A'DEL NATURAL COSMETICS OF LOUISIANA, LLC, Case No.
1:24-cv-03562 (S.D.N.Y., May 9, 2024) accuses the Defendant of
discriminating against visually-impaired and legally blind people
by denying them full and equal access to its website.
The Defendant is a cosmetics company that sells its products via
its website, https://www.adelnaturalcosmetics.com. Plaintiff, a
visually-impaired and legally blind person, brings this action over
Defendant's alleged failure to design, construct, maintain, and
operate its website to be fully accessible and independently usable
by Plaintiff and other blind or visually-impaired people. The
Plaintiff claims that as a result of Defendant's denial of full and
equal access to its website, Plaintiff and all others similarly
situated were denied of the goods and services offered by Defendant
through its website, in violation of the Americans with
Disabilities Act.
A'Del Natural Cosmetics is a cosmetics company based in Abbeville,
LA. [BN]
The Plaintiff is represented by:
Jon L. Norinsberg, Esq.
Bennitta L. Joseph, Esq.
JOSEPH & NORINSBERG, LLC
110 East 59th Street, Suite 2300
New York, NY 10022
Telephone: (212) 227-5700
Facsimile: (212) 656-1889
E-mail: jon@norinsberglaw.com
bennitta@employeejustice.com
BANK OF AMERICA: Allen Saltzman Suit Removed to C.D. California
---------------------------------------------------------------
The case styled as Allen Saltzman LLP, a limited liability
partnership, on behalf of itself and all others similarly situated
v. BANK OF AMERICA, N.A.; and DOES 1 through 10, inclusive, Case
No. CVRI240159 was removed from the Superior Court of California,
County of Riverside, to the United States District Court for the
Central District of California on May 6, 2024, and assigned Case
No. 5:24-cv-00956.
The Complaint asserts claims against BANA for breach of contract,
and violation of the California Unfair Competition Law (the "UCL"),
arising from BANA's alleged practice of placing holds on certain
deposits to "Interest on Lawyers' Trust Accounts" ("IOLTA"
accounts) in purported violation of federal law. According to
Plaintiff's allegations, BANA's purported practice of placing holds
on certain check deposits into IOLTA accounts for more than one
business day before making the check funds available to the
depositor violates Regulation CC. That alleged violation is the
predicate for Plaintiff's claim that BANA's purported practice
breached Plaintiff's contract--i.e., Deposit Agreemen--with the
BANA, and violated the UCL.[BN]
The Defendants are represented by:
Brooks R Brown, Esq.
GOODWIN PROCTER LLP
1900 N Street, NW
Washington, DC 20036
Phone: +1 202 346 4000
Fax: +1 202 346 4444
Email: BBrown@goodwinlaw.com
- and -
Laura A Stoll, Esq.
GOODWIN PROCTER LLP
601 S. Figueroa Street, 41st Floor
Los Angeles, CA 90017
Phone: +1 213 426 2500
Fax: +1 213 623 1673
Email: LStoll@goodwinlaw.com
BANNER HEALTH: Suit Transferred to D. Arizona
---------------------------------------------
The case styled as John Doe, individually, and on behalf of all
others similarly situated v. BANNER HEALTH, Case No. 2:24-cv-01165
was transferred from the U.S. District Court for the Eastern
District of California, to the U.S. District Court for the District
of Arizona on April 30, 2024.
The District Court Clerk assigned Case No. 2:24-cv-00971-ESW to the
proceeding.
The nature of suit is stated as Other Personal Injury.
Banner Health -- https://www.bannerhealth.com/ -- is a non-profit
health system in the United States, based in Phoenix, Arizona.[BN]
The Plaintiff is represented by:
Vess Miller, Esq.
COHEN & MALAD PC - INDIANAPOLIS, IN
1 Indiana Sq., Ste. 1400
Indianapolis, IN 46204
Phone: (317) 636-6481
Fax: (317) 636-2593
Email: vmiller@cohenandmalad.com
The Defendant is represented by:
Sean Killeen, Esq.
BAKER & HOSTETLER LLP - SAN FRANCISCO, CA
600 Montgomery St., Ste. 3100
San Francisco, CA 94111
Phone: (415) 659-2623
Fax: (415) 659-2601
BASSETT'S ICE: Web Site Not Accessible to Blind, Gomberg Alleges
----------------------------------------------------------------
MATTHEW GOMBERG, individually and on behalf of all others similarly
situated, Plaintiff v. BASSETT'S ICE CREAM COMPANY, Defendant, Case
No. 2:24-cv-01852 (E.D.PA., May 1, 2024) alleges violation of the
Americans with Disabilities Act.
The Plaintiff alleges in the complaint that the Defendant's Web
site, https://www.bassettsicecream.com, is not fully or equally
accessible to blind and visually-impaired consumers, including the
Plaintiff, in violation of the ADA.
The Plaintiff seeks a permanent injunction to cause a change in the
Defendant's corporate policies, practices, and procedures so that
the Defendant's Web site will become and remain accessible to blind
and visually-impaired consumers.
BASSETTS ICE CREAM COMPANY is a full-service frozen dessert
distributor, offering outstanding products and superior service.
[BN]
The Plaintiff is represented by:
David Glanzberg, Esq.
Robert Tobia, Esq.
GLANZBERG TOBIA LAW, P.C
123 South Broad Street Suite 1640,
Philadelphia, PA 19109
Telephone: (215) 981-5400
Email: DGlanzberg@aol.com
robert.tobia@gtlawpc.com
BELLA ELLA: Web Site Not Accessible to Blind, Karim Suit Says
-------------------------------------------------------------
JESSICA KARIM, individually and on behalf of all others similarly
situated, Plaintiffs v. BELLA ELLA BOUTIQUE, LLC, Defendant, Case
No. 1:24-cv-03240 (S.D.N.Y., April 29, 2024) alleges violation of
the Americans with Disabilities Act.
The Plaintiff alleges in the complaint that the Defendant's Web
site, https://www.bellaellaboutique.com, is not fully or equally
accessible to blind and visually-impaired consumers, including the
Plaintiff, in violation of the ADA.
The Plaintiff seeks a permanent injunction to cause a change in the
Defendant's corporate policies, practices, and procedures so that
the Defendant's Web site will become and remain accessible to blind
and visually-impaired consumers.
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
Email: Glevyfirm@gmail.com
BENCHMARK SENIOR LIVING: Reed Files Suit in Mass. Super. Ct.
------------------------------------------------------------
A class action lawsuit has been filed against Benchmark Senior
Living, LLC. The case is styled as Caitlin Reed, Yahaira Sanchez,
individually and on behalf of all others similarly situated v. Blue
Tarp Redevelopment, LLC doing business as MGM Springfield, Case No.
2479CV00235 (Mass. Super. Ct., Hampden Cty., May 1, 2024).
The case type is stated as "Contract / Business."
Blue Tarp Redevelopment, LLC doing business as MGM Springfield --
https://mgmspringfield.mgmresorts.com/en.html -- is a hotel and
casino complex situated in the heart of Metro Center, Springfield,
Massachusetts.[BN]
The Plaintiff is represented by:
Raymond Dinsmore, Esq.
Ryan B. Guers, Esq.
Richard E. Hayber, Esq.
HAYBER, MCKENNA AND DINSMORE, LLC
One Monarch Place, Suite 1340
Springfield, MA 01144
BERRY DUNN: Davis Sues Over Alleged Private Data Breach
-------------------------------------------------------
Larry Davis, individually and on behalf of all others similarly
situated, Plaintiff v. Berry, Dunn, McNeil & Parker, LLC,
Defendant, Case No. 2:24-cv-00149-JAW (D. Me., April 30, 2024)
arises from Defendant's failure to adequately secure and safeguard
personally identifiable information and asserts claims for
negligence, negligence per se, unjust enrichment, breach fiduciary
duty, declaratory judgment, and injunctive relief.
On or about September 14, 2023, one of Defendant's vendors notified
Defendant that it "discovered suspicious network activity" that
impacted Defendant's systems. Defendant's review and investigation
was completed on or about April 2, 2024. However, Defendant
notified affected individuals of the data breach on April 29, 2024
or approximately seven months after learning of the data breach,
says the suit.
Berry, Dunn, McNeil & Parker, LLC is a national professional
services firm that provides assurance, tax, and consulting services
to businesses, nonprofits, and government agencies throughout the
US and its territories. [BN]
The Plaintiff is represented by:
David E. Bauer, Esq.
443 Saint John Street
Portland, ME 04102
Telephone: (207) 804-6296
E-mail: David.edward.bauer@gmail.com
- and -
Joseph M. Lyon, Esq.
Kevin M. Cox, Esq.
THE LYON FIRM
2754 Erie Ave.
Cincinnati, OH 45208
Telephone: (513) 381-2333
Facsimile: (513) 766-9011
E-mail: jlyon@thelyonfirm.com
kcox@thelyonfirm.com
BERRY DUNN: Demel-Duff Sues Over Unsecured Private Information
--------------------------------------------------------------
VIRGINA DEMEL-DUFF, individually and on behalf of all others
similarly situated, Plaintiff v. BERRY, DUNN, MCNEIL & PARKER, LLC,
Defendant, Case No. 2:24-cv-00151-JAW (D. Me., April 30, 2024)
arises from Defendant's inadequate data security practices that
caused a data breach.
On or about September 14, 2023, Berry Dunn was notified that one of
its vendors, Reliable Networks of Maine, LLC, had discovered
suspicious activity on its computer network. Berry Dunn's forensic
investigation determined that unauthorized cybercriminals had
successfully infiltrated Reliable's inadequately secured computer
network and, thereby, accessed and/or stole sensitive data of at
least 1,107,354 individuals. Moreover, Berry Dunn breached its duty
to securely store and protect the personal information of Plaintiff
and the Class. In addition, it failed to provide timely and
adequate notice of the data breach -- caused substantial harm and
injuries to Plaintiff and Class members across the United States.
Accordingly, Plaintiff seeks actual damages, restitution,
declaratory and injunctive relief, including significant
improvements to Defendant's data security systems and protocols,
future annual audits, Defendant-funded long-term credit monitoring
services, and other appropriate remedies.
Headquartered in Portland, ME, Berry Dunn is a national consulting
and accounting firm that serves a variety of businesses and
governmental entities. [BN]
The Plaintiff is represented by:
David E. Bauer, Esq.
443 Saint John Street
Portland, ME 04102
Telephone: (207) 804-6296
E-mail: David.edward.bauer@gmail.com
- and -
A. Brooke Murphy, Esq.
MURPHY LAW FIRM
4116 Wills Rogers Pkwy, Suite 700
Oklahoma City, OK 73108
Telephone: (405) 389-4989
E-mail: abm@murphylegalfirm.com
BERRY DUNN: Faces Meyerson Suit Over Unknown Party's Info Access
----------------------------------------------------------------
MICHAEL MEYERSON, on behalf of himself and all others similarly
situated, Plaintiff v. BERRY, DUNN, MCNEIL & PARKER, LLC,
Defendant, Case No. 2:24-cv-00147-JAW (D. Me., April 29, 2024) is a
class action against the Defendant for negligence, negligence per
se, unjust enrichment, breach of fiduciary duty, and declaratory
judgment and injunctive relief.
The case arises from the Defendant's failure to properly secure and
safeguard the personally identifiable information (PII) of the
Plaintiff and similarly situated individuals stored within its
network systems following a data breach that was discovered on or
about September 14, 2023. The Defendant also failed to timely
notify the Plaintiff and similarly situated individuals about the
data breach. As a result, the private information of the Plaintiff
and Class members was compromised and damaged through access by and
disclosure to unknown and unauthorized third parties, says the
suit.
Berry, Dunn, McNeil & Parker, LLC is a provider of assurance, tax,
and consulting services in Maine. [BN]
The Plaintiff is represented by:
David E. Bauer, Esq.
443 Saint John Street
Portland, ME 04102
Telephone: (207) 804-6296
Email: David.edward.bauer@gmail.com
- and -
Bryan L. Bleichner, Esq.
Philip J. Krzeski, Esq.
CHESTNUT CAMBRONNE PA
100 Washington Avenue South, Suite 1700
Minneapolis, MN 55401
Telephone: (612) 339-7300
Facsimile: (612)-336-2940
Email: bbleichner@chestnutcambronne.com
pkrzeski@chestnutcambronne.com
BERRY DUNN: Faces Russell Suit Over Clients' Compromised Info
-------------------------------------------------------------
LAURA RUSSELL, on behalf of herself and all others similarly
situated, Plaintiff v. BERRY, DUNN, MCNEIL & PARKER, LLC,
Defendant, Case No. 2:24-cv-00148-JAW (D. Me., April 30, 2024) is a
class action against the Defendant for negligence, negligence per
se, unjust enrichment, breach of fiduciary duty, and declaratory
judgment and injunctive relief.
The case arises from the Defendant's failure to properly secure and
safeguard the personally identifiable information (PII) of the
Plaintiff and similarly situated individuals stored within its
network systems following a data breach that was discovered on or
about September 14, 2023. The Defendant also failed to timely
notify the Plaintiff and similarly situated individuals about the
data breach. As a result, the private information of the Plaintiff
and Class members was compromised and damaged through access by and
disclosure to unknown and unauthorized third parties, says the
suit.
Berry, Dunn, McNeil & Parker, LLC is a provider of assurance, tax,
and consulting services in Maine. [BN]
The Plaintiff is represented by:
David E. Bauer, Esq.
443 Saint John Street
Portland, ME 04102
Telephone: (207) 804-6296
Email: David.edward.bauer@gmail.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
Email: gklinger@milberg.com
- and -
Jeff Ostrow, Esq.
KOPELOWITZ OSTROW P.A.
One West Las Olas Boulevard, Suite 500
Fort Lauderdale, FL 33301
Telephone: (954) 525-4100
Email: ostrow@kolawyers.com
BERRY DUNN: Hickman Sues Over Private Data Breach
-------------------------------------------------
ROBERT HICKMAN, individually, and on behalf of all others similarly
situated, Plaintiff v. BERRY, DUNN, MCNEIL & PARKER LLC, RELIABLE
NETWORKS OF MAINE, LLC, Defendant, Case No. 2:24-cv-00150-JAW (D.
Me., April 30, 2024) arises from Defendant's failure to properly
secure and safeguard Plaintiff’s and Class members' personally
identifiable information stored within Defendants' information
network. Plaintiff asserts claims for negligence, negligence per
se, breach of confidence, breach of implied contract, breach of the
implied covenant of good faith and fair dealing, and unjust
enrichment in connection with a cyberattack or data breach
incident.
While Defendants claims to have discovered the breach as early as
September 14, 2023, Defendants did not inform victims of the data
breach until April 29, 2024. Indeed, Plaintiff Hickman and Class
Members were wholly unaware of the data breach until they received
letters from Defendants informing them of it, says the suit.
Headquartered in Portland, ME, Berry Dunn is a professional
services firm providing assurance, tax, and consulting services to
businesses, nonprofits, and government agencies throughout the US
and its territories. [BN]
The Plaintiff is represented by:
David E. Bauer, Esq.
443 Saint John Street
Portland, ME 04102
Telephone: (207) 804-6296
- and -
Daniel Srourian, Esq.
SROURIAN LAW FIRM, P.C.
3435 Wilshire Blvd., Suite 1710
Los Angeles, CA 90010
Telephone: (213) 474-3800
Facsimile: (213) 471-4160
E-mail: daniel@slfla.com
BLUE HAMMER: Tucker Files TCPA Suit in D. Colorado
--------------------------------------------------
A class action lawsuit has been filed against Blue Hammer Roofing,
Inc. The case is styled as Preston Tucker, individually and on
behalf of all others similarly situated v. Blue Hammer Roofing,
Inc., Case No. 1:24-cv-01287-NYW-NRN (D. Colo., May 9, 2024).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Blue Hammer Roofing -- https://www.bluehammerroofing.com/ -- is a
construction company that specializes in hail, wind, tornado, and
storm-based roof repairs and replacements.[BN]
The Plaintiff is represented by:
Kevin M. Cox, Esq.
THE LYON FIRM
2754 Erie Avenue
Cincinnati, OH 45208
Phone: (513) 766-9052
Email: kcox@thelyonfirm.com
BLUEGRASS HOSPITALITY: Fails to Pay Proper Wages, Brown Alleges
---------------------------------------------------------------
GAUBRIELLE BROWN, individually and on behalf of all others
similarly situated, Plaintiff v. BLUEGRASS HOSPITALITY GROUP, LLC;
and BLUEGRASS HOSPITALITY MANAGEMENT, LLC, Defendants, Case No.
4:24-cv-00610 (E.D. MO., April 29, 2024) seeks to recover from the
Defendants unpaid wages and overtime compensation, interest,
liquidated damages, attorneys' fees, and costs under the Fair Labor
Standards Act.
Plaintiff Brown was employed by the Defendants as a bartender.
BLUEGRASS HOSPITALITY GROUP LLC offers management services. The
Company specializes in commercial dining services. Bluegrass
manages restaurants including Malone's, Sal's, Harry's, Drake's,
Aqua and Malone's Banquets. Bluegrass provides services for
families, corporate dinners, special events and occasions. [BN]
The Plaintiff is 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
Email: dgarrison@barrettjohnston.com
jfrank@barrettjohnston.com
nchanin@barrettjohnston.com
BOEHRINGER INGELHEIM: Faces Suit Over Inhalation Spray Monopoly
---------------------------------------------------------------
1199SEIU NATIONAL BENEFIT FUND; 1199SEIU GREATER NEW YORK BENEFIT
FUND; 1199SEIU NATIONAL BENEFIT FUND FOR HOME CARE WORKERS; and
1199SEIU LICENSED PRACTICAL NURSES WELFARE FUND, individually and
on behalf of all others similarly situated, Plaintiffs v.
BOEHRINGER INGELHEIM PHARMACEUTICALS, INC.; and BOEHRINGER
INGELHEIM INTERNATIONAL GMBH, Defendants, Case No. 3:24-cv-00783
(D. Conn., July 29, 2024) alleges violation of the Sherman Act.
According to the Plaintiffs in the complaint, Boehringer's monopoly
on ipratropium-albuterol and tiotropium inhalation sprays defies a
U.S. regulatory scheme designed to promote generic entry on the
expiration or invalidation of patents.
Boehringer manipulated the U.S. patent and drug approval system to
unlawfully exclude generic competitors, monopolize the markets for
Combivent Respimat and Spiriva Respimat, and extract monopoly
profits from drugs that should have been available in generic form
years ago.
Specifically, Boehringer listed non-drug patents in the FDA's
register of "Approved Drug Products with Therapeutic Equivalence
Evaluations" (the "Orange Book"), adopted the Respimat inhaler
device for the specific purpose of foreclosing generic competition
on the active ingredients of Combivent (product hopping), and
engaged in sham litigation against a potential entrant based on
Orange book listings it knew to be wrongful, says the suit.
BOEHRINGER INGELHEIM PHARMACEUTICALS, INC. manufactures
pharmaceutical products. The Company offers over-the-counter and
prescription medicines such as capsules, nasal sprays, tablets, and
inhalation powder. [BN]
The Plaintiff is represented by:
Gregg D. Adler, Esq.
Dan Livingston, Esq.
LIVINGSTON, ADLER, PULDA,
MEIKLEJOHN & KELLY, PC
557 Prospect Avenue
Hartford, CT 06105
Telephone: (860) 454-9608
Facsimile: (860) 232-7818
Email: gdadler@lapmk.org
delvingston@lapm.org
BOND JEWELERS: Gomberg Sues Over Blind-Inaccessible Website
-----------------------------------------------------------
MATTHEW GOMBERG, on behalf of himself and all others similarly
situated, Plaintiff v. Bond Jewelers, Inc., Defendant, Case No.
2:24-cv-01853 (E.D. Pa., May 1, 2024) seeks redress for Defendant's
actions which violate the Americans with Disabilities Act.
The class action arises from Defendant's failure to make its
digital properties accessible to legally blind individuals, which
violates the effective communication and equal access requirements
of Title III of the ADA. Moreover, Defendant's Website contains
access barriers that prevent free and full use by the Plaintiff
using keyboards and screen-reading software, says the suit.
Based in Philadelphia, PA, Bond Jewelers, Inc. operates the
https://www.unclaimeddiamonds.com, an online retail store that
offers jewelry products. [BN]
The Plaintiff is represented by:
David Glanzberg, Esq.
Robert Tobia, Esq.
GLANZBERG TOBIA LAW, P.C.
23 South Broad Street Suite 1640
Philadelphia, PA 19109
Telephone: (215) 981-5400
E-mail: DGlanzberg@aol.com
robert.tobia@gtlawpc.com
BRIDGESTONE CORPORATION: Javier Sues Over conspiracy to fix prices
------------------------------------------------------------------
Jose Javier and Rafael Lim, on behalf of themselves and all others
similarly situated v. BRIDGESTONE CORPORATION, BRIDGESTONE
AMERICAS, INC., CONTINENTAL AKTIENGESELLSCHAFT, CONTINENTAL TIRE
THE AMERICAS, LLC, THE GOODYEAR TIRE & RUBBER COMPANY, COMPAGNIE
GÉNÉRALE DES ETABLISSEMENTS MICHELIN, MICHELIN NORTH AMERICA,
INC., NOKIAN TYRES PLC, NOKIAN TYRES INC., NOKIAN TYRES U.S.
OPERATIONS LLC, PIRELLI & C. S.P.A., and PIRELLI TIRE LLC, Case No.
5:24-cv-00775 (N.D. Ohio, April 30, 2024), is brought for damages,
injunctive relief, and other relief pursuant to federal antitrust
laws and state antitrust, unfair competition, consumer protection,
and unjust enrichment laws as a result of the Defendants'
engagement in a conspiracy to unlawfully fix, artificially raise,
maintain and/or stabilize prices, rig bids for, and allocate the
market in the United States for Replacement Tires.
The Defendants effectuated their conspiracy by, inter alia,
signaling price increases during earnings calls and other public
statements and participating in industry meetings and coordinating
supply reductions to keep prices artificially high. "Replacement
Tires" are new replacement tires for passenger cars, vans, trucks,
and buses. Plaintiffs seek to represent all persons and entities
who, during the period from and including January 1, 2020 through
such time as the anticompetitive effects of Defendants' conduct
ceased ("Class Period"), indirectly purchased Replacement Tires in
the United States, which were manufactured or sold by Defendants,
any current or former subsidiary of Defendants or any coconspirator
of Defendants.
The Defendants manufacture, market, and/or sell Replacement Tires
throughout and into the United States. Defendants and their
co-conspirators (as yet unknown) agreed, combined, and conspired to
fix, raise, maintain and/or stabilize prices, rig bids, and
allocate the market in the United States for Replacement Tires.
The Defendants and their co-conspirators allegedly participated in
a combination and conspiracy to suppress and eliminate competition
in the Replacement Tires industry by agreeing to allocate the
supply of, rig bids for, and to fix, stabilize, and maintain the
prices of Replacement Tires sold to consumers in the United States
and globally. The combination and conspiracy engaged in by
Defendants and their co-conspirators was an unreasonable restraint
of interstate trade and commerce in violation of the Sherman Act
and state antitrust, unfair competition, consumer protection, and
unjust enrichment laws.
As a direct result of Defendants' conduct to unlawfully fix,
artificially raise, maintain and/or stabilize prices, rig bids for,
and allocate the market of Replacement Tires, Plaintiffs and the
Classes paid artificially inflated prices for Replacement Tires
during the Class Period and have thereby suffered antitrust injury
to their business or property, says the complaint.
The Plaintiffs purchased at least one Replacement Tire indirectly
from one of the Defendants.
Bridgestone Japan – directly and/or through its subsidiaries,
which it wholly owned and/or controlled – manufactured, marketed,
and/or sold Replacement Tires that were sold and purchased
throughout the United States.[BN]
The Plaintiffs are represented by:
James L. Ferraro, Esq.
John Martin Murphy, Esq.
Joyce Chambers Reichard, Esq.
KELLEY FERRARO, LLC
Ernst & Young Tower
950 Main Avenue, Suite 1300
Cleveland, OH 44113
Phone: (216) 575-0777
Facsimile: (216) 575-0799
Email: jmurphy@kelleyferraro.com
jreichard@kelleyferraro.com
- and -
Adam J. Zapala, Esq.
Elizabeth T. Castillo, Esq.
James G.B. Dallal, Esq.
COTCHETT, PITRE & McCARTHY, LLP
840 Malcolm Road, Suite 200
Burlingame, CA 94010
Phone: (650) 697-6000
Facsimile: (650) 697-0577
Email: azapala@cpmlegal.com
ecastillo@cpmlegal.com
jdallal@cpmlegal.com
BUFFALO WILD WINGS: Machuca Files Suit in Cal. Super. Ct.
---------------------------------------------------------
A class action lawsuit has been filed against Buffalo Wild Wings,
Inc., et al. The case is styled as Jonathan Machuca, individually
and on behalf of all other aggrieved employees v. Buffalo Wild
Wings, Inc., BWW Resources, LLC, Inspire Brands, Inc., Does 1
through 100, inclusive, Case No. 24STCV11691 (Cal. Super. Ct., Los
Angeles Cty., May 9, 2024).
Buffalo Wild Wings -- https://www.buffalowildwings.com/ -- is an
American casual dining restaurant and sports bar franchise.[BN]
The Plaintiff is represented by:
Marcus J. Bradley, Esq.
BRADLEY/GROMBACHER, LLP
31365 Oak Crest Drive, Suite 240
Westlake Village, CA 91361
Phone: (805) 270-7100
Fax: (805) 270-7589
Email: mbradley@bradleygrombacher.com
CELLCO PARTNERSHIP: Frelin Suit Seeks Unpaid OT Wages Under FLSA
----------------------------------------------------------------
RASHAD FRELIN, JENNIFER BLOSE, CHRISTOPHER ANDERSON, and CAITLIN
LAWSON, on behalf of themselves and others similarly situated, V.
CELLCO PARTNERSHIP d/b/a Verizon Wireless, Case No. CACE-24-005984
(Fla. Cir., May 1, 2024) seeks to recover unpaid overtime
compensation under the Fair Labor Standards Act ("FLSA") and
Supporting United States Department of Labor regulations.
The Named Plaintiffs regularly worked for the Defendant and for the
Defendant's benefit in excess of 40 hours per workweek. The Named
Plaintiffs allege that the Defendant did not pay the Named
Plaintiffs and the Putative Collective Members for all hours
worked, including all overtime hours worked, and that the Defendant
did not pay overtime at the correct rate of pay when it failed to
include the value of restricted stock units in their regular rates
of pay.
As a result, the Named Plaintiff and other similarly situated
Putative Collective Members have suffered damages by being denied
wages and overtime wages in accordance with 29 U.S.C. sections 201,
et seq., in amounts to be determined and are entitled to recovery
of such amounts, liquidate damages, prejudgment interest,
attorneys' fees, costs, and other compensation pursuant to 29
U.S.C. section 216(b).
This suit is brought by the Named Plaintiffs and their similarly
situated co-workers who worked for the Defendant as Assistant
Managers and/or Solutions Managers ("AMs") and other non-exempt
employees who worked for Verizon nationwide in all states except
California.
Cellco provides wireless voice and data services.[BN]
The Plaintiffs are represented by:
Gregg I. Shavitz, Esq.
SHAVITZ LAW GROUP, P.A.
951 Yamato Rd, Suite 285
Boca Raton, FL 33431
Telephone: (561) 447-8888
E-mail: gshavitz@shavitzlaw.com
- and -
Justin M. Swartz, Esq.
Zarka Shabir Dsouza, Esq.
Ryan C. Cowdin
OUTTEN & GOLDEN LLP
685 Third Ave, 25th Floor
New York, NY 10017
Telephone: (212) 245-1000
CENTENNIAL BANK: Martin Sues Over Unprotected Private Information
-----------------------------------------------------------------
Stephanie Martin, individually and on behalf all others similarly,
Plaintiff v. Centennial Bank, Defendant, Case No. 4:24-cv-00389-BSM
(E.D. Ark., May 1, 2024) arises out of the recent data breach
involving Centennial Bank. Plaintiff Martin asserts claims for
negligence, breach of implied contract, and unjust enrichment.
In or about April 19, 2024, Defendant began sending Plaintiff and
Class members notice letters informing them that Defendant suffered
a data breach that exposed their personally identifiable
information in approximately early April 2023. Moreover, Defendant
disregarded the rights of Plaintiff and Class members by
intentionally, willfully, recklessly, or negligently failing to
implement and maintain adequate and reasonable measures to ensure
that the PII of Plaintiff and Class members was safeguarded,
failing to take available steps to prevent an unauthorized
disclosure of data, and failing to follow applicable, required, and
appropriate protocols, policies, and procedures regarding the
encryption of data, even for internal use, says the suit.
Headquartered in Conway, AR, Centennial Bank provides banking and
other financial services to consumers. [BN]
The Plaintiff is represented by:
William B. Federman, Esq.
FEDERMAN & SHERWOOD
10205 N. Pennsylvania Ave.
Oklahoma City, OK 73120
Telephone: (405) 235-1560
E-mail: wbf@federmanlaw.com
CHANGE HEALTHCARE: Fails to Prevent Data Breach, Beginnings Says
----------------------------------------------------------------
BEGINNINGS AND BEYOND COUNSELING d/b/a/ PLAY THERAPY MINNESOTA,
individually and on behalf of all others similarly situated,
Plaintiff v. CHANGE HEALTHCARE INC., Defendant, Case No.
0:24-cv-01558-PJS-DLM (D. Minn., April 30, 2024) alleges that the
Defendant failed to prevent the Data Breach to its network.
According to the Plaintiff in the complaint, a ransomware group
claims to have accessed Change's servers and seized 6 terabytes of
critical confidential and highly sensitive information, resulting
in network outages that have already impacted millions of patients
and physicians across the country. On February 21, 2024, Change
disclosed that it was the subject of this massive data breach
whereby hackers known as "ALPHV/Blackcat" ("Blackcat") gained
unauthorized access to its networks (the "Data Breach").
Change is responsible for the Data Breach because it failed to
implement reasonable security procedures and practices and failed
to disclose material facts surrounding its deficient security
protocols. As a result of Change's actions, the Plaintiff and Class
members did not receive the benefit of their bargain with Change
and are not receiving the services that they have paid for, says
the suit.
CHANGE HEALTHCARE, INC. provides healthcare technology solutions.
The Company offers analytical, connectivity, communication,
payment, consumer engagement, and workflow optimization software
solutions. Change Healthcare serves customers worldwide. [BN]
The Plaintiff is represented by:
Karen Hanson Riebel, Esq.
David W. Asp, Esq.
Kate M. Baxter-Kauf, Esq.
Emma Ritter Gordon, Esq.
LOCKRIDGE GRINDAL NAUEN PLLP
100 Washington Ave S., Suite 2200
Minneapolis, MN 55401
Telephone: (612) 339-6900
Email:khriebel@locklaw.com
dwasp@locklaw.com
kmbaxter-kauf@locklaw.com
erittergordon@locklaw.com
CHICKEN COOP: Web Site Not Accessible to Blind, Sookul Suit Says
----------------------------------------------------------------
SANJAY SOOKUL, individually and on behalf of all others similarly
situated, Plaintiff v. CHICKEN COOP CANOPY, LLC, Defendant, Case
No. 1:24-cv-03318 (S.D.N.Y., April 30, 2024) alleges violation of
the Americans with Disabilities Act.
The Plaintiff alleges in the complaint that the Defendant's Web
site, https://www.dezi.co/, is not fully or equally accessible to
blind and visually-impaired consumers, including the Plaintiff, in
violation of the ADA.
The Plaintiff seeks a permanent injunction to cause a change in the
Defendant's corporate policies, practices, and procedures so that
the Defendant's Web site will become and remain accessible to blind
and visually-impaired consumers.
CHICKEN COOP CANOPY, LLC provides to the public a website known as
Dezi.co, which provides consumers with access to an array of goods
and services, including a variety of sunglasses. [BN]
The Plaintiff is represented by:
Kimmia Salehi, Esq.
MARS KHAIMOV LAW, PLLC
100 Duffy Avenue, Suite 510
Hicksville, NY 11801
Telephone: (404) 452-0779
Facsimile: (929) 333-7774
Email: kimmia@khaimovlaw.com
CHIMA LLC: Fails to Pay Proper Wages, Caruso Suit Alleges
---------------------------------------------------------
LEONARDO CARUSO, individually and on behalf of all others similarly
situated, Plaintiff v. CHIMA LLC, Defendants, Case No.
0:24-cv-60718-RS (S.D. Fla., April 30, 2024) seeks to recover from
the Defendant unpaid wages and overtime compensation, interest,
liquidated damages, attorneys' fees, and costs under the Fair Labor
Standards Act.
Plaintiff Caruso was employed by the Defendant as a kitchen staff.
CHIMA LLC operates as a restaurant. The Company offers food,
salads, desserts, and bar services. [BN]
The Plaintiff is represented by:
T'Keara N. Watson, Esq.
Carlos V. Leach, Esq.
THE LEACH FIRM, P.A.
1560 N. Orange Ave., Suite 600
Winter Park, FL 32789
Telephone: (407) 574-6339
Facsimile: (833) 813-7513
Email: cleach@theleachfirm.com
twatson@theleachfirm.com
COMMISSIONER OF SOCIAL SECURITY: Justice Files Suit in D. Maryland
------------------------------------------------------------------
A class action lawsuit has been filed against Commissioner of
Social Security, et al. The case is styled as Theodore Justice,
individually and on behalf of all others similarly situated v.
Commissioner of Social Security, Speaker of the House of
Representatives, Case No. 1:24-cv-01372-CDA (D. Md., May 9, 2024).
The nature of suit is stated as Other Civil Rights for Violation of
Civil Rights.[BN]
The Plaintiff appears pro se.
CONSUMER SAFETY: Loses Bid to Dismiss Count I in Lopez Suit
-----------------------------------------------------------
In the class action lawsuit captioned as JOEL LOPEZ, individually
and on behalf of all others similarly situated, v. CONSUMER SAFETY
TECHNOLOGY, LLC, d/b/a INTOXALOCK, Case No. 8:24-cv-00150-WFJ-AAS
(M.D. Fla.), the Hon. Judge William Jung entered an order denying
the Defendant's motion to dismiss Count I and motion to strike
Florida Telephone Solicitation Act ("FTSA") No Consent Class and Do
Not Call Registry Class.
Lopez alleges that Intoxalock has called his personal residential
cellphone number sixty-six times since September 2023. These
telephone solicitations were "aggressive," "misleading," and
unwelcome: Mr. Lopez never gave Intoxalock his contact information
or consent to be called. Mr. Lopez asked Intoxalock to stop calling
him and place him on its internal do not call list, but Intoxalock
kept calling.
Mr. Lopez filed the instant Amended Complaint in March 2024. He
alleges violations of the FTSA and federal Telephone Consumer
Protection Act ("TCPA"), on behalf of himself and multiple classes
of plaintiffs: (1) the "FTSA No Consent Class"; (2) the "FTSA
Internal Do Not Call ("DNC") Class"; (3) the "Do Not Call Registry
Class"; and (4) the "Internal DNC Class."
The Amended Complaint defines the FTSA No Consent Class as:
"All persons in the State of Florida who, within the four
years
prior to the filing of this Complaint (i) were sent a
telephonic
sales call within the four years prior to the filing of the
Complaint through the date of class certification, (ii) using
the
same equipment or type of equipment utilized to call the
Plaintiff (iii) from or on behalf of the Defendant and/or its
agents, (iv) promoting the Defendant's products or services,
(v)
without the recipients' prior express written consent."
The "Do Not Call Registry Class" consists of:
"All people in the United States who from four years prior to
the
filing of this action through the date of class
certification,
(i) were called by or on behalf of Defendant; (ii) more than
one
time within any 12-month period; (iii) where the person's
telephone number had been listed on the National Do Not Call
Registry for at least thirty-one days; (iv) for the purpose of
promoting or selling Defendant's products and/or services."
Intoxalock is an ignition interlock device company that markets its
breathalyzer products through telephone solicitations of individual
consumers.
A copy of the Court's order dated May 10, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=LcjNTY at no extra
charge.[CC]
CORTEVA AGRISCIENCE: Court Directs Discovery Plan Filing in Hashew
------------------------------------------------------------------
In the class action lawsuit captioned as Hanshew v. Corteva
Agriscience LLC, Case No. 1:24-cv-01119-JES-JEH (C.D. Ill.), the
Hon. Judge Jonathan E. Hawley entered a standing order as follows:
-- Rule 16 scheduling conference
The Court will set a Rule 16 scheduling conference
approximately
30 days after the answer or other responsive pleading is
filed.
The conference will generally be conducted by telephone.
-- Discovery plan
The discovery plan shall be filed with the Court at least
three
calendar days before the Rule 16 scheduling conference.
-- Waiver of the Rule 16 scheduling conference
If the parties agree on all matters contained in the
discovery
plan, then the parties may waive the Rule 16 scheduling
conference. To do so, the parties shall indicate in the
discovery that the parties agree upon all maters contained
within the discovery plan, and they request that the Rule 16
scheduling conference be cancelled.
-- Failure of counsel to attend a scheduled telephone hearing
For the convenience of counsel, the Court conducts most
hearings
by telephone when possible. Counsel's failure to appear for a
telephone hearing will be treated as a failure of counsel to
appear for an in-person hearing.
-- Discovery disputes brought to the Court's attention after the
discovery deadline has already passed
The parties may not raise a discovery dispute with the Court
after the relevant discovery deadline has passed; all
discovery
disputes must be brought to the Court's attention before the
relevant discovery deadline passes. Any discovery disputes
raised with the Court after the expiration of the relevant
discovery deadline shall be deemed waived by the Court, even
if
the parties agreed to conduct discovery after the relevant
discovery deadline has passed. If the parties agree to
conduct
discovery after the expiration of a deadline set by the
Court,
they must still file a motion requesting that the Court move
that deadline as agreed by the parties in order to avoid any
subsequent discovery disputes being deemed waived.
-- Settlement conferences and mediation
The parties are encouraged to seek a settlement conference or
mediation with a magistrate judge. Where parties request a
settlement conference or mediation in a case referred to
Judge
Hawley, Judge Hawley will conduct said conference or
mediation.
Corteva provides agronomic support and services to help increase
farmer productivity and profitability.
A copy of the Court's order dated May 13, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=VJgcrM at no extra
charge.[CC]
CRUMBL LLC: Faces Lockhart Suit Over Alleged CIPA Breach
--------------------------------------------------------
KRISTEN LOCKHART, individually and on behalf of all others
similarly situated, Plaintiff v. CRUMBL, LLC, Defendant, Case No.
4:24-cv-02607 (N.D. Cal., May 1, 2024) accuses the Defendant of
violating the California Invasion of Privacy Act.
Crumbl, LLC allegedly assisted Stripe, a payment processing
company, in installing the wiretaps on its Website, which continue
to track Plaintiff's and other consumers' online activity as they
navigate through other websites. Accordingly, Plaintiff seeks for
damages and other legal and equitable remedies resulting from
Defendant's violation of the CIPA, says the suit.
Headquartered in Orem, UT, Crumbl, LLC is a Utah limited liability
company that develops, owns, and
operates www.crumblcookies.com, a website that sells Crumbl's
signature cookies. [BN]
The Plaintiff is represented by:
Sarah N. Westcot, Esq.
BURSOR & FISHER, P.A.
701 Brickell Avenue, Suite 1420
Miami, FL 33131
Telephone: (305) 330-5512
E-mail: swestcot@bursor.com
DANVILLE SERVICES: Eckwood Suit Removed to D. Nevada
----------------------------------------------------
The case styled as Monique Eckwood, on behalf of herself and all
others similarly situated v. DANVILLE SERVICES OF NEVADA, LLC; DOES
1 through 50; inclusive, Case No. A-24-888409-C was removed from
the Eighth Judicial District Court, Clark County, Nevada, to the
United States District Court for the District of Nevada on April
30, 2024, and assigned Case No. 2:24-cv-00822.
In this action, Plaintiff alleges Defendant failed to pay overtime
wages to Plaintiff and "all hourly paid non-exempt persons employed
by Defendant in the state of Nevada who earned less than 1 1/2
times the applicable minimum wage and who worked over 8 hours in a
workday at any time within 3 years from February 28, 2024 until
judgment" (the "Nevada Overtime Class").[BN]
The Defendants are represented by:
F. Thomas Edwards, Esq.
HOLLEY DRIGGS
300 South Fourth Street, Suite 1600
Las Vegas, NV 89101
Phone: 702/791-0308
Email: tedwards@nevadafirm.com
- and -
P. Corper James, Esq.
MABEY WRIGHT & JAMES, PLLC
175 South Main Street, Ste. 1330
Salt Lake City, UT 84111
Phone: 801/359-3663
Email: cjames@mwjlaw.com
DARDEN CORPORATION: Faces Miller FCCPA Suit Over Collection Letter
------------------------------------------------------------------
WILLIAM MILLER, individually and on behalf of all those similarly
situated, V. DARDEN CORPORATION, Case No. CACE-24-005957 (Fla.
Cir., Apr. 30, 2024) alleges that the Defendant sent an electronic
communication to the Plaintiff in connection with the collection of
the Consumer Debt between the hours of 9:00 PM and 8:00 AM in the
time zone of Plaintiff, in violation of the Florida Consumer
Collection Practices Act.
On Apr. 21, 2024, the Defendant sent the Plaintiff an electronic
mail communication in connection with the collection of the
Consumer Debt. The Communication was sent from no-reply@darden.com
and delivered to the Plaintiff's personal e-mail address. The
Communication was received by the Plaintiff from Defendant at 6:00
AM in Plaintiff's time zone.
The Defendant did not have the consent of the Plaintiff to
communicate with Plaintiff between the hours of 9:00 PM and 8.00
AM, the lawsuit contends.
The Plaintiff seeks to represent the "FCCPA Class" consisting of:
"[l] all persons with Florida addresses [2] that the
Defendant or someone on the Defendant's behalf [3] sent an
electronic mail communication to [4] between 9:00 PM and 8:00
AM [5] in connection with the collection of a consumer
debt."
The Plaintiff is a citizen of the State of Florida, residing in
Broward County, Florida.
Darden owns and operates as a restaurant.[BN]
The Plaintiff is represented by:
Jibrael S. Hindi, Esq.
Jennifer G. Simil, Esq.
Zane C. Hedaya, Esq.
Gerald D. Lane, Jr., Esq.
THE LAW OFFICES OFJIBRAEL S. HINDI
110 SE 6th Street,Suite 1744
Fort Lauderdale, FL 33301
Telephone: (954) 907-1136
E-mail: jibrael@jibraellaw.corn
jen@jibraellaw.com
zane@jibraellaw.com
gerald@jibraellaw.com
DELICATO VINEYARDS: Martinez Files Suit in Cal. Super. Ct.
----------------------------------------------------------
A class action lawsuit has been filed against Delicato Vineyards,
LLC. The case is styled as Fidencio Martinez, individually, and on
behalf of all others similarly situated v. Delicato Vineyards, LLC,
Case No. STK-CV-UOE-2024-0005241 (Cal. Super. Ct., San Joaquin
Cty., April 30, 2024).
The case type is stated as "Unlimited Civil Other Employment."
Delicato Family Wines -- https://www.delicato.com/ -- is one of the
fastest growing wine companies in the world with nearly a century
of history crafting superior quality wines.[BN]
The Plaintiff is represented by:
Lilit Ter-Astvatsatryan, Esq.
MOON LAW GROUP, PC
1055 W 7th St., Ste. 1880
Los Angeles, CA 90017-2529
Phone: 213-232-3128
Fax: 213-232-3125
Email: lilit@moonlawgroup.com
DELPHINUS ENGINEERING: Wilsterman Alleges Unauthorized Info Access
------------------------------------------------------------------
JASON WILSTERMAN, on behalf of himself and all others similarly
situated, Plaintiff v. DELPHINUS ENGINEERING, INC., Defendant, Case
No. 2:24-cv-01810 (E.D. Pa., April 30, 2024) is a class action
against the Defendant for negligence, negligence per se, unjust
enrichment, breach of implied contract, breach of fiduciary duty,
breach of confidence, and declaratory judgment.
The case arises from the Defendant's failure to properly secure and
safeguard the personally identifiable information (PII) of the
Plaintiff and similarly situated individuals stored within its
network systems following a data breach. The Defendant also failed
to timely notify the Plaintiff and similarly situated individuals
about the data breach. As a result, the private information of the
Plaintiff and Class members was compromised and damaged through
access by and disclosure to unknown and unauthorized third parties,
says the suit.
Delphinus Engineering, Inc. is a professional services company in
Eddystone, Pennsylvania. [BN]
The Plaintiff is represented by:
Patrick Howard, Esq.
SALTZ MONGELUZZI & BENDESKY P.C.
1650 Market Street, 52nd Floor
Philadelphia, PA 19103
Telephone: (215) 575-3895
Email: phoward@smbb.com
- and -
Cassandra Miller, Esq.
TURKE & STRAUSS LLP
613 Williamson Street, Suite 201
Madison, WI 53703
Telephone: (608) 237-1775
Facsimile: (608) 509-4423
Email: cassandram@turkestrauss.com
DELTA SCIENTIFIC: Faces Torres Wage-and-Hour Suit in California
---------------------------------------------------------------
ISAIAH TORRES, individually and on behalf of all others similarly
situated, Plaintiff v. DELTA SCIENTIFIC CORPORATION, DAVID G.
DICKINSON, and DOES 1-10, inclusive, Defendants, Case No.
24STCV10812 (Cal. Super., Los Angeles Cty., April 30, 2024) is a
class action against the Defendant for violations of California
Labor Code's Private Attorneys General Act including failure to pay
minimum wage for all hours worked, failure to pay overtime, failure
to provide compliant meal periods, failure to provide compliant
rest periods, failure to provide and maintain compliant wage
statements, failure to pay all wages due on regular pay days and at
separation, and failure to reimburse necessary business expenses.
Mr. Torres was employed by the Defendants as a production welder
from approximately October 24, 2022 through May 12, 2023.
Delta Scientific Corporation is a security company based in
Palmdale, California. [BN]
The Plaintiff is represented by:
Elliot J. Siegel, Esq.
Julian Burns King, Esq.
KING & SIEGEL LLP
724 South Spring Street, Suite 201
Los Angeles, CA 90014
Telephone: (213) 465-4802
Facsimile: (213) 465-4803
Email: elliot@kingsiegel.com
julian@kingsiegel.com
DESERT HAVEN ENTERPRISES: Simon Files Suit in Cal. Super. Ct.
-------------------------------------------------------------
A class action lawsuit has been filed against Desert Haven
Enterprises. The case is styled as Davon Simon, on behalf of the
general public as private attorney general v. Desert Haven
Enterprises, Does 1-50, inclusive, Case No. 24STCV11793 (Cal.
Super. Ct., Los Angeles Cty., May 10, 2024).
Desert Haven Enterprises -- http://www.deserthaven.org/-- is a
charitable organization that develops and promotes the capabilities
of person with developmental disabilities.[BN]
The Plaintiff is represented by:
James R. Hawkins, Esq.
Gregory Mauro, Esq.
Michael Calvo, Esq.
Lauren Falk, Esq.
Ava Issary, Esq.
JAMES HAWKINS APLC
9880 Research Drive, Suite 200
Irvine, CA 92318
Phone: (949) 387-7200
Fax: (949) 387-6676
Email: James@jameshawkinsaplc.com
Greg@jameshawkinsaplc.com
Michael@jameshawkinsaplc.com
Lauren@jameshawkinsaplc.com
Ava@jameshawkinsaplc.com
DESIGNED RECEIVABLE: Fails to Protect Customers' Info, Herrera Says
-------------------------------------------------------------------
ROBERT HERRERA, as an individual and on behalf of all others
similarly situated v. DESIGNED RECEIVABLE SOLUTIONS, INC.; and DOES
1-10, Case No. 30-2024-01397869-CU-BT-CXC (Cal. Super., May 6,
2024) alleges that the Defendant failed to implement and maintain
reasonable cybersecurity procedures that resulted in a data breach
of its systems on Jan. 22, 2024.
On April 26, 2024, the Defendants mailed notices to impacted
parties. According to the notice, the breach compromised
individuals' name, date of birth, medical record number, Social
Security number, health insurance policy number, limited treatment
information, and other personal, sensitive and confidential
information.
As a direct and foreseeable result of DRS's conduct, the Plaintiff
and all class members, have suffered in that their sensitive
personal information has been exposed to cybercriminals and they
have an increased stress, risk, and fear of identity theft and
fraud. This is not just a generalized anxiety of possible identify
theft, privacy, or fraud concerns, but a concrete stress and risk
of harm resulting from an actual breach and accompanied by actual
instances of reported problems suspected to stem from the breach,
the lawsuit says.
The Plaintiff asserts claims for negligence, negligence per se,
declaratory judgment, and common law invasion of privacy.
The Plaintiff also brings claims for violation of the California
Confidentiality of Medical Information, the California Customer
Records Act, the California Unfair Competition Law, and for
invasion of privacy based on the California Constitution, Art. 1,
section 1.
Plaintiff Herrera is a citizen of the State of California whose
personal identifying information and personal health information
was part of the Jan. 22, 2024 data breach.
DRS is a revenue cycle management company.[BN]
The Plaintiff is represented by:
Jason M. Wucetich, Esq.
Dimitrios V. Korovilas, Esq.
WUCETICH & KOROVILAS LLP
222 N. Pacific Coast Hwy., Suite 2000
El Segundo, CA 90245
Telephone: (310) 335-2001
Facsimile: (310) 364-5201
E-mail: jason@wukolaw.com
dimitri@wukolaw.com
DIOTIMA INC: Sookul Sues Over Website Inaccessibility
-----------------------------------------------------
SANJAY SOOKUL, on behalf of himself and all others similarly
situated, Plaintiff v. Diotima, Inc., Defendant, Case No.
1:24-cv-03309 (S.D.N.Y., April 30, 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 the
Americans with Disabilities Act, the New York State Human Rights
Law, and the New York City Human Rights Law.
Despite readily available accessible technology, the Defendant has
chosen to rely on an exclusively visual interface that only its
sighted customers can independently browse, select, and buy online
without the assistance of others. Moreover, by failing to make the
website accessible to blind persons, Defendant is violating basic
equal access requirements under both state and federal law, says
the suit.
Headquartered in Lawrence, NY, Diotima, Inc. provides to the public
a website known as Diotima.world, which provides consumers with
access to an array of goods and services, including the ability to
browse a variety of women's apparel with unique designs, and make
purchases, among other features. [BN]
The Plaintiff is represented by:
Kimmia Salehi, Esq.
MARS KHAIMOV LAW, PLLC
100 Duffy Avenue, Suite 510
Hicksville, NY 11801
Telephone: (404) 452-0779
Facsimile: (929) 333-7774
E-mail: kimmia@khaimovlaw.com
DISPATCHHEALTH MANAGEMENT: Fails to Pay OT Wages, Easker Claims
---------------------------------------------------------------
Alexandra Easker, individually and on behalf of all others
similarly situated, Plaintiff v. DispatchHealth Management, LLC,
Defendant, Case No. 1:24-cv-01190 (D. Colo., April 30, 2024)
alleges violations of the Fair Labor Standards Act and the
Portal-to-Portal Act.
The Plaintiff was employed by Defendant as a medical technician in
connection with its medical services business operations. Plaintiff
routinely worked in excess of 40 hours per workweek for Defendant.
The Plaintiff's weekly work schedule typically encompassed
approximately 50-60 hours of work for Defendant on average.
However, Defendant did not pay Plaintiff time and one-half the
regular rate of pay for all hours worked over 40 during each
workweek, says the suit.
Based in Denver, CO, DispatchHealth Management, LLC provides urgent
medical care services. [BN]
The Plaintiff is represented by:
Ricardo J. Prieto, Esq.
Melinda Arbuckle, Esq.
WAGE AND HOUR FIRM
5050 Quorum Drive, Suite 700
Dallas, TX 75254
Telephone: (214) 489-7653
Facsimile: (469) 319-0317
E-mail: rprieto@wageandhourfirm.com
marbuckle@wageandhourfirm.com
DOCGO INC: Fails to Safeguard Patients' Info, Manuel Alleges
------------------------------------------------------------
DAVID MANUEL, individually and on behalf of all others similarly
situated v. DOCGO INC., Case No. 1:24-cv-03594 (S.D.N.Y., May 9,
2024) sues the Defendant for failing to properly secure and
safeguard Plaintiff's and other similarly situated current and
former patients' sensitive information, including protected health
information and other personally identifiable information, like
names, mailing addresses, and dates of birth.
On May 7, 2024, the Defendant disclosed in a Form 8-K filed with
the SEC that an unauthorized third party accessed and acquired
data, including certain PHI, from a limited number of health care
records within Defendant's U.S.-based ambulance transportation
business. The Private Information of thousands, perhaps millions,
of individuals is believed to have been exposed by the Data
Breach.
The Plaintiff brings this action on behalf of all persons whose
Private Information was compromised as a result of Defendant's
failure to: (i) adequately protect the Private Information of the
Plaintiff and Class Members; (ii) warn the Plaintiff and Class
Members of Defendant's inadequate information security practices;
and (iii) effectively secure its network containing protected
Private Information using reasonable and effective security
procedures free of vulnerabilities and incidents. The Defendant's
conduct amounts to negligence and violates federal statutes.
As a result of the Defendant's conduct, the Plaintiff and Class
Members have suffered injuries, including (i) invasion of privacy;
(ii) lost or diminished value of Private Information; (iii) lost
time and opportunity costs associated with attempting to mitigate
the actual consequences of the Data Breach; (iv) loss of benefit of
the bargain; (v) an increase in spam calls, texts, and/or emails;
and (vi) the continued and certainly increased risk to their
Private Information, says the suit.
The Plaintiff is and was a resident and citizen of Lake in the
Hills, Illinois, where he intends to remain. The Plaintiff provided
his Private Information to the Defendant in connection with health
care services he received from the Defendant.
Docgo is a health care provider that offers mobile health services,
ambulance services, and remote monitoring for patients in 30 U.S.
states, and across the United Kingdom.[BN]
The Plaintiff is represented by:
Steven Sukert, Esq.
Jeff Ostrow, Esq.
Kristen Lake Cardoso, Esq.
KOPELOWITZ OSTROW P.A.
One West Las Olas Boulevard Suite 500
Fort Lauderdale, FL 33301
Telephone: (954) 990-2218
E-mail: sukert@kolawyers.com
ostrow@kolawyers.com
cardoso@kolawyers.com
DOLLAR TREE: Villasenor Suit Removed to C.D. California
-------------------------------------------------------
The case styled as Sandra Villasenor, as an individual, and on
behalf of herself and others similarly situated v. DOLLAR TREE
DISTRIBUTION, INC A VIRGINIA CORPORATION, and, DOES 1 through 50,
inclusive, Case No. CIV SB 2407741 was removed from the Superior
Court for the State of California, in and for the County of San
Bernardino, to the United States District Court for the Central
District of California on May 10, 2024, and assigned Case No.
5:24-cv-00987.
The Complaint asserts eight putative class action causes of action:
failure to pay minimum and overtime wages; meal break violations;
rest break violations; failure to provide accurate wage statements;
untimely final wages; failure to reimburse necessary business
expenses; violation of California's Quota Laws; and (8) unfair
competition in violation of California Business and Professions
Code sections.[BN]
The Defendants are represented by:
Rachael Lavi, Bar No. 294443
LITTLER MENDELSON, P.C.
2049 Century Park East, 5th Floor
Los Angeles, CA 90067.3107
Phone: 310.553.0308
Fax: 800.715.1330
Email: rlavi@littler.com
DORTCH ENTERPRISES: Jackson Seeks Unpaid Wages Under FLSA
---------------------------------------------------------
TYRONE JACKSON, individually and on behalf of all others similarly
situated v. DORTCH ENTERPRISES, LLC, and GREAT LAKES TACO, LLC, and
LOUIS C. DORTCH, JR., jointly and severally, Case No.
2:24-cv-11234-GCS-CI (E.D. Mich., May 9, 2024) accuses the
Defendants of unjust enrichment and violating the Fair Labor
Standards Act by failing to pay overtime wages to its non-exempt
employees.
This action arises from Defendants' alleged systematic failure to
pay overtime to Plaintiff and other non-exempt employees, in
willful violation of the FLSA, and its failure to pay for all
non-overtime hours worked under the common law theory of unjust
enrichment. The Plaintiff seeks to recover back pay, liquidated
damages, interest, reasonable attorney's fees and costs, and other
relief as appropriate under the law.
Dortch Enterprises, LLC operates several Taco Bell franchise
locations across the state of Michigan. [BN]
The Plaintiff is represented by:
Jesse L. Young, Esq.
SOMMERS SCHWARTZ, P.C.
141 E. Michigan Avenue, Suite 600
Kalamazoo, MI 49007
Telephone: (269) 250-7501
Facsimile: (310) 566-9886
E-mail: jyoung@sommerspc.com
- and -
Paulina R. Kennedy, Esq.
SOMMERS SCHWARTZ, P.C.
One Town Square, 17th Floor
Southfield, MI 48076
Telephone: (248) 355-0300
E-mail: pkennedy@sommerspc.com
- and -
Jonathan Melmed, Esq.
Laura Supanich, Esq.
MELMED LAW GROUP, P.C.
1801 Century Park East, Suite 850
Los Angeles, CA 90067
Telephone: (310) 824-3828
E-mail: jm@melmedlaw.com
lms@melmedlaw.com
DRM INC: Fails to Safeguard Employees' Info, Ruff Suit Alleges
--------------------------------------------------------------
ALEX RUFF, on behalf of himself and all others similarly situated
v. DRM INC. d/b/a ARBY'S, Case No. 1:24-cv-01902-SEG (N.D. Ga., May
1, 2024) alleges that the Defendant failed to maintain reasonable
security safeguards or protocols to protect the Class's personally
identifiable information -- rendering it an easy target for
cybercriminals.
The Defendant also failed to adequately train its employees on
cybersecurity, and failed to adequately monitor its agents,
contractors, vendors, and suppliers in handling and securing the
PII of the Plaintiff, the suit says.
On Mar. 12, 2024, Arby's discovered it had lost control over its
computer network and the highly sensitive personal information
stored on its computer network in a data breach perpetrated by
Cybercriminals. The Data Breach has impacted thousands of current
and former employees, the suit claims.
On Apr. 17, 2024–over a month after the Data Breach occurred–
Arby's finally began notifying Class Members about the Data Breach.
The Defendant's failure to timely report the Data Breach made the
victims vulnerable to identity theft without any warnings to
monitor their financial accounts or credit reports to prevent
unauthorized use of their PII, the Plaintiff avers.
As a result of the Data Breach, the Plaintiff has spent time and
made reasonable efforts to mitigate the impact of the Data Breach,
including researching the Data Breach, reviewing credit card and
financial account statements, changing his online account
passwords, placing a credit freeze through the three main credit
bureaus, and monitoring Mr. Ruff credit information. Before the
Data Breach, the private information of the Plaintiff and the Class
was exactly that—private. Not anymore. Now, their private
information is permanently exposed and unsecure, the Plaintiff
asserts.
The Plaintiff is a former Arby's employee and Data Breach victim.
Arby's is a well-known fast-food restaurant.[BN]
The Plaintiff is represented by:
Matthew R. Wilson, Esq.
MEYER WILSON CO., LPA
305 W. Nationwide Blvd
Columbus, OH 43215
Telephone: (614) 224-6000
Facsimile: (614) 224-6066
E-mail: mwilson@meyerwilson.com
- and -
Samuel J. Strauss, Esq.
Raina Borrelli, Esq.
TURKE & STRAUSS LLP
613 Williamson Street, Suite 201
Madison, WI 53703
Telephone: (608) 237-1775
Facsimile: (608) 509-4423
E-mail: sam@turkestrauss.com
raina@turkestrauss.com
DROPBOX INC: Guiffre Sues Over Alleged Private Data Breach
----------------------------------------------------------
STEVEN GUIFFRE, individually and on behalf of all others similarly
situated v. DROPBOX, INC., Case No. 3:24-cv-02794 (N.D. Cal., May
9, 2024) accuses the Defendant of failing to implement appropriate
data security safeguards.
The Plaintiff brings this action over Defendant's alleged failure
to properly secure and safeguard Plaintiff's and Class members'
personally identifiable information stored within Defendant's
information network. The Defendant became the subject of a data
breach on April 24, 2024 which compromised the private information
of Plaintiff and hundreds of thousands of other individuals based
on Defendant's clientele. The Plaintiff only became aware of the
incident on May 2, 2024 via an email from Defendant. Defendant
experienced a similar cyberattack back in 2012, affecting 68
million users.
The Plaintiff alleges that the data breach was mainly caused by
Defendant's failure to implement adequate and reasonable security
procedures and practices to protect its systems.
Dropbox, Inc. is a technology company based in San Francisco, CA.
[BN]
The Plaintiff is represented by:
Michael R. Reese, Esq.
REESE LLP
100 West 93rd Street, 16th Floor
New York, NY 10025
Telephone: (212) 643-0500
Facsimile: (212) 253-4272
E-mail: mreese@reesellp.com
- and -
Kevin Laukaitis, Esq.
LAUKAITIS LAW LLC
954 Avenida Ponce De Leon
Suite 205, #10518
San Juan, PR 00907
Telephone: (215) 789-4462
DUDE PRODUCTS: Charleston Water Files Suit in D. South Carolina
---------------------------------------------------------------
A class action lawsuit has been filed against Dude Products, Inc.
The case is styled as Commissioner of Public Works of The City of
Charleston, d/b/a Charleston Water System, individually and on
behalf of all others similarly situated v. Dude Products, Inc.,
Case No. 2:24-cv-02935-RMG (D.S.C., May 9, 2024).
The nature of suit is stated as Prop. Damage Prod. Liability.
Dude Products -- https://dudewipes.com/ -- offers Dude Wipes, a
brand of moist male tissues to combat stank.[BN]
The Plaintiff is represented by:
Frank Paul Calamita, III, Esq.
AQUALAW
6 South 5th Street
Richmond, VA 23219
Phone: (804) 716-9021
Email: paul@aqualaw.com
EDUCATIONAL COMPUTER: Golec Seeks Damages for Alleged Data Breach
-----------------------------------------------------------------
ELIZABETH GOLEC, individually and on behalf of all others similarly
situated v. EDUCATIONAL COMPUTER SYSTEMS, INC. d/b/a HEARTLAND
ECSI, Case No. 2:24-cv-00699 (W.D. Pa., May 9, 2024) seeks damages
and relief for Defendant's alleged data security failure.
This action arises from Defendant's alleged failure to properly
secure and safeguard Plaintiff's and Class members' personally
identifiable information and financial information stored within
Defendant's information network. Between October 29, 2023 and
February 12, 2024, third-party cybercriminals gained access to
Defendant's systems due to a security flaw, allowing them to
extract Plaintiff's and Class members' PII and financial
information. The Defendant only notified Plaintiff of the incident
on April 9, 2024. As a result of the data breach, the affected
individuals now face substantial risks of identity theft and
financial fraud, the suit alleges.
Based in Coraopolis, PA, Educational Computer Systems, Inc.
provides campus-based student loan servicing solutions. [BN]
The Plaintiff is represented by:
Gary F. Lynch, Esq.
Connor P. Hayes, Esq.
Lucia S. Romani, Esq.
LYNCH CARPENTER LLP
1133 Penn Avenue, 5th Floor
Pittsburgh, PA 15222
Telephone: (412) 322-9243
E-mail: gary@lcllp.com
connorh@lcllp.com
lucia@lcllp.com
- and -
Kevin Laukaitis, Esq.
LAUKAITIS LAW LLC
954 Avenida Ponce De Leon
Suite 205, #10518
San Juan, PR 00907
Telephone: (215) 789-4462
E-mail: klaukaitis@laukaitislaw.com
EPSI INC: Staple Sues Over Unlawful Tip & Reimbursement Policies
----------------------------------------------------------------
CHRISTINA STAPLE, individually and on behalf of similarly situated
persons, Plaintiff v. EPSI, INC. d/b/a "Domino's Pizza", Mac H.
Mekonnen and Linda Persons, individually, Defendants, Case No.
6:24-cv-00160 (E.D. Tex., April 30, 2024) accuses the Defendants of
violating the Fair Labor Standards Act and the Texas Common Law in
connection with the Defendants' uniform and employer-based tip
policy and flawed vehicle reimbursement policy.
According to the complaint, the Defendants allow their customers to
include tips to drivers when delivering pizzas and other food
items. However, Defendants allow their customers to include tips to
drivers when delivering pizzas. Additionally, Defendants employ a
tip-sharing arrangement which does not comply with Department of
Labor regulations regarding the sharing of tips, says the suit.
Based in DeSoto, TX, EPSI, Inc. owns and operates Domino's
franchise stores. [BN]
The Plaintiff is represented by:
William S. Hommel, Jr., Esq.
HOMMEL LAW FIRM PC
5620 Old Bullard Road, Suite 115
Tyler, TX 75703
Telephone: (903) 596-7100
E-mail: bhommel@hommelfirm.com
EXACTA LAND: Cooley Sues Over Improper Land Search Fees
-------------------------------------------------------
JANET COOLEY, individually and on behalf of all others similarly
situated, Plaintiff v. EXACTA LAND SURVEYORS, LLC, Defendant, Case
No. 8:24-cv-01050 (M.D. Fla., May 1, 2024) alleges violation of the
Florida Deceptive and Unfair Trade Practices Act.
The Plaintiff alleges that the Defendant is engaged in a uniform
and systematic practice of charging illegal estoppel lien search
fees to captive consumers in connection with tens of thousands of
residential real estate closings in Florida.
EXACTA LAND SURVEYORS, LLC offers land survey services to
customers. [BN]
The Plaintiff is represented by:
Jeffrey Newsome, Esq.
Brian W. Warwick, Esq.
Janet R. Varnell, Esq.
Christopher J. Brochu,Esq.
Pamela Levinson, Esq.
VARNELL & WARWICK, P.A.
400 N. Ashley Drive, Suite 1900
Tampa, FL 33602
Telephone: (352) 753-8600
Email: bwarwick@vandwlaw.com
jvarnell@vandwlaw.com
cbrochu@vandwlaw.com
jnewsome@vandwlaw.com
ckoerner@vandwlaw.com
- and -
Paul M. Messina, Jr., Esq.
MESSINA LAW GROUP, P.A.
2550 Permit Place
New Port Richey, FL 34655
Telephone: (813) 492-7798
Email: paul@messinalawgroup.com
service@messinalawgroup.com
FLEWD INC: Faces Sookul Suit Over Blind Inaccessible Website
------------------------------------------------------------
SANJAY SOOKUL, on behalf of himself and all others similarly
situated, Plaintiff v. Flewd Inc., Defendant, Case No.
1:24-cv-03308 (S.D.N.Y., April 30, 2024) arises out of Defendant's
alleged violations of the Americans with Disabilities Act, the New
York State Human Rights Law, and the New York City Human Rights Law
in connection with the Defendant's Website inaccessibility.
Allegedly, the Defendant failed to remove access barriers to
Flewd.com. As a result, blind individuals have been and are being
denied equal access to Flewd, as well as to the numerous goods,
services, and benefits offered to the public through Flewd.com.
Headquartered in New York, NY, Flewd Inc. operates a commercial
website that offers products and services for online sale. The
online store allows the user to browse bath soaks, make purchases,
and perform a variety of other functions. [BN]
The Plaintiff is represented by:
Kimmia Salehi, Esq.
MARS KHAIMOV LAW, PLLC
100 Duffy Avenue, Suite 510
Hicksville, NY 11801
Telephone: (404) 452-0779
Facsimile: (929) 333-7774
E-mail: kimmia@khaimovlaw.com
FUTURE US: Trackers Collect Visitors' IP Address, Motiani Says
--------------------------------------------------------------
DIGVIJAY MOTIANI, individually and on behalf of all others
similarly situated v. FUTURE US LLC, Case No. 24CV438655 (Cal.
Super., May 9, 2024) sues the Defendant for installing and using
Trackers without the Plaintiff's prior consent and without a court
order, pursuant to the California Invasion of Privacy Act.
The lawsuit claims that when users visit the Website, the Defendant
causes three Trackers—the TripleLift Tracker, GumGum Tracker, and
Audiencerate Tracker—to be installed on Website visitors'
internet browsers. The Defendant then uses these Trackers to
collect Website visitors' IP Addresses. Through an IP address, the
specific device's state, city, and zip code can be determined.
Because the Trackers capture Website visitors' "routing,
addressing, or signaling information," the Trackers constitute a
"pen register" under Section 638.50(b) of the CIPA. When the
Plaintiff visited the Website, the Website's code—as programmed
by the Defendant—caused the Omnitag and Undertone Trackers to be
installed on the Plaintiff's browser. The Defendant, DoubleVerify,
and Undertone used the information collected by the Trackers to
analyze Website data and marketing campaigns, conduct targeted
advertising based on the Plaintiff's location, and ultimately boost
the Defendant's and advertisers' revenue, the lawsuit alleges.
The Plaintiff did not provide his prior consent to Defendant to
install or use the Omnitag or Undertone Trackers on the Plaintiff's
browser. The Defendant did not obtain a court order before
installing or using the Omnitag or Undertone Trackers. The
Plaintiff has, therefore, had his privacy invaded by Defendant's
violations of CIPA section 638.51(a). The Plaintiff brings this
action to prevent the Defendant from further violating the privacy
rights of California residents, and to recover statutory damages
for the Defendant's violation of CIPA section 638.51.
Plaintiff Motiani resides in Santa Clara, California and has an
intent to remain there.
Future owns and operates a website, TechRadar.com.[BN]
The Plaintiff is represented by:
L. Timothy Fisher, 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
ehorne@bursor.com
GIANT VINTAGE: Website Inaccessible to Blind Users, Sookul Claims
-----------------------------------------------------------------
SANJAY SOOKUL, on behalf of himself and all others similarly
situated, Plaintiff v. Giant Vintage Inc., Defendant, Case No.
1:24-cv-03306 (S.D.N.Y., April 30, 2024) arises from Defendant's
failure to design, construct, maintain, and operate its website to
be fully accessible to and independently usable by Plaintiff and
other blind or visually-impaired persons in violation of the
Americans with Disabilities Act, the New York State Human Rights
Law, and the New York City Human Rights Law.
The Defendant's website contains access barriers that prevent free
and full use by Plaintiff and blind persons using keyboards and
screen-reading software.
Based in Hollywood, CA, Giant Vintage Inc. owns and operates the
website, Giantvintage.com, which provides consumers with access to
an array of goods and services, including the ability to browse a
wide variety of sunglasses, reading glasses, and blue light
blocking glasses in different styles, and make purchases, among
other features. [BN]
The Plaintiff is represented by:
Kimmia Salehi, Esq.
MARS KHAIMOV LAW, PLLC
100 Duffy Avenue, Suite 510
Hicksville, NY 11801
Telephone: (404) 452-0779
Facsimile: (929) 333-7774
E-mail: kimmia@khaimovlaw.com
GILLETTE CHILDREN’S: Faces Harris Suit Over Privacy Violations
----------------------------------------------------------------
Kayla Harris and Stephanie Braulick, individually, and on behalf of
those similarly situated v. Gillette Children’s Specialty
Healthcare, a Minnesota nonprofit corporation, Case No.
0:24-cv-01687 (D. Minn., May 9, 2024) accuses the Defendant of
engaging in the unauthorized disclosure of patients' highly
sensitive personal information to third parties.
The Defendant allegedly deployed tracking tools, including the
"Meta Pixel", on its website, allowing it to track the activity of
website visitors, including Plaintiffs and Class members, and send
that data to third parties, such as Meta and Google, without the
user's consent. The tracked data include the user's personal and
identifying information, as well as protected health information,
which are allegedly used to build profiles for the purpose of
future targeting and marketing. According to Plaintiffs,
Defendant's conduct is in violation of the Electronic
Communications Privacy Act and the Minnesota Uniform Deceptive
Trade Practices Act, and constitutes an invasion of privacy,
negligence, breach of implied contract, and unjust enrichment.
Headquartered in St Paul, MN, Gillette provides primary care and
research services related to children's health issues. [BN]
The Plaintiffs are represented by:
Hart L. Robinovitch, Esq.
Ryan J. Ellersick, Esq.
ZIMMERMAN REED LLP
14648 North Scottsdale Road, Suite 130
Scottsdale, AZ 85254
Telephone: (480) 348-6400
E-mail: hart.robinovitch@zimmreed.com
ryan.ellersick@zimmreed.com
- and -
David S. Almeida, Esq.
Elena A. Belov, Esq.
ALMEIDA LAW GROUP LLC
849 W. Webster Avenue
Chicago, IL 60614
Telephone: (312) 576-3024
E-mail: david@almeidalawgroup.com
elena@almeidalawgroup.com
GLOBE LIFE: Faces Miami Securities Suit Over 53% Stock Price Drop
-----------------------------------------------------------------
CITY OF MIAMI GENERAL EMPLOYEES' & SANITATION EMPLOYEES' RETIREMENT
TRUST, on behalf of itself and all others similarly situated v.
GLOBE LIFE INC. f/k/a TORCHMARK CORPORATION, GARY L. COLEMAN, LARRY
M. HUTCHISON, FRANK M. SVOBODA, M. SHANE HENRIE, JAMES MATTHEW
DARDEN, and THOMAS P. KALMBACH, Case No. 4:24-cv-00376 (E.D. Tex.,
Apr. 30, 2024) is a securities class action brought on behalf of
all persons or entities that purchased or otherwise acquired shares
of Globe Life common stock between May 8, 2019, and April 10, 2024,
inclusive, pursuant to Sections 10(b) and 20(a) of the Securities
Exchange Act of 1934 and Rule 10b-5, promulgated thereunder.
Globe Life touted its consistent revenue growth, particularly from
AIL, which accounted for 50% of the Company's profits in 2022 and
2023. As a result of the Defendants' misrepresentations, shares of
Globe Life common stock traded at artificially inflated prices
throughout the Class Period, the Plaintiff contends.
The truth emerged on April 11, 2024, when investment research firm
Fuzzy Panda published a report alleging that Globe Life had engaged
in wide-spread insurance fraud, while permitting a culture of
unchecked sexual harassment. In addition, the investment research
firm uncovered evidence that the subsidiaries maintained a hostile
workplace where sexual harassment, drug use, and sexual assault
went unchecked — conduct that violated the Company's Code of
Conduct, the Plaintiff adds.
As a result of these disclosures, the price of Globe Life common
stock declined $55.76, or 53%, from a closing price of $104.93 per
share on April 10, 2024, to a closing price of $49.17 per share on
April 11, 2024.
As a result of the Defendants' wrongful acts and omissions, and the
precipitous decline in the market value of the Company's common
stock, the Plaintiff and other Class members have suffered
significant losses and damages, says the suit.
Plaintiff Miami is a government entity that was founded in 1985 to
provide benefits—including retirement, death, and disability
benefits—to eligible employees of the government of the City of
Miami, Florida.
Globe Life is an insurance company that offers a wide range of
insurance products, including life insurance, mortgage protections,
and supplemental health insurance.[BN]
The Plaintiff is represented by:
Elvin E. Smith III, Esq.
SIEBMAN LAW
Federal Courthouse Square
300 N. Travis
Sherman, TX 75090
Telephone: (903) 870-0070
Facsimile: (903) 870-0066
E-mail: elvinsmith@siebman.com
- and -
Hannah Ross, Esq.
Avi Josefson, Esq.
Scott R. Foglietta, Esq.
BERNSTEIN LITOWITZ BERGER
& GROSSMANN LLP
1251 Avenue of the Americas
New York, NY 10020
Telephone: (212) 554-1400
Facsimile: (212) 554-1444
E-mail: hannah@blbglaw.com
avi@blbglaw.com
scott.foglietta@blbglaw.com
- and -
Robert D. Klausner, Esq.
KLAUSNER KAUFMAN JENSEN
& LEVINSON
7080 Northwest 4th Street
Plantation, FL 33315
Telephone: (954) 916-1202
E-mail: bob@robertdklausner.com
GREEN DIAMOND: Faces Gregorio Suit Over Unsecured Private Info
--------------------------------------------------------------
JASON GREGORIO, individually and on behalf of all others similarly
situated, Plaintiff v. GREEN DIAMOND RESOURCE COMPANY, Defendant,
Case No. 2:24-cv-00596 (W.D. Wash., April 30, 2024) arises from
Defendant's its negligent failure to protect and safeguard
Plaintiff's and the Class's highly sensitive personally
identifiable information.
As a result of Green Diamond's insufficient data security,
cybercriminals easily infiltrated Green Diamond’s inadequately
protected computer systems and stole the PII of Plaintiff and the
Class (approximately 27,896 individuals). Despite learning of the
data breach in June 2023, Green Diamond waited to notify victims of
the data breach until April 2024, nearly one year later. In
addition, Green Diamond's Notice Letter obfuscated the nature of
the data breach, says the suit.
Headquartered in Seattle, WA, Green Diamond Resource Company is a
forest stewardship company that owns and manages working forests in
nine states throughout the western and southern United States.
[BN]
The Plaintiff is represented by:
Samuel J. Strauss, Esq.
TURKE & STRAUSS LLP
613 Williamson St., Suite 201
Madison, WI 53703
Telephone: (608) 237-1775
Facsimile: (608) 509-4423
E-mail: sam@turkestrauss.com
- and -
William B. Federman, Esq.
Kennedy M. Brian, Esq.
FEDERMAN & SHERWOOD
10205 North Pennsylvania Avenue
Oklahoma City, OK 73120
Telephone: (405) 235-1560
Facsimile: (405) 239-2112
E-mail: wbf@federmanlaw.com
kpb@federmanlaw.com
HANESBRANDS INC: Website Inaccessible to Blind Users, Dalton Claims
-------------------------------------------------------------------
Julie Dalton, individually and on behalf of all others similarly
situated, Plaintiff v. Hanesbrands Inc., Defendant, Case No.
0:24-cv-01578 (D. Minn., May 1, 2024) accuses the Defendant of
violating the Americans with Disabilities Act and the Minnesota
Human Rights Act in connection with its Website inaccessibility to
blind or visually-impaired users.
The Defendant's Website is not fully and equally accessible to
people who are blind or who have low vision in violation of both
the general non-discriminatory mandate and the effective
communication and auxiliary aids and services requirements of the
ADA and its implementing regulations. Moreover, Defendant has
engaged, directly, or through contractual, licensing, or other
arrangements, in illegal disability discrimination, says the suit.
Headquartered in Winston-Salem, NC, Hanesbrands Inc. offers
clothing and accessories for sale including underwear, tops,
bottoms, legwear, socks, and more through its Website,
www.hanes.com. [BN]
The Plaintiff is represented by:
Patrick W. Michenfelder, Esq.
Chad A. Throndset, Esq.
Jason Gustafson, Esq.
THRONDSET LAW OFFICE LLC
80 South 8th Street, Suite 900
Minneapolis, MN 55402
Telephone: (763) 515-6110
E-mail: pat@throndsetlaw.com
chad@throndsetlaw.com
jason@throndsetlaw.com
HENRY FORD HOSPITAL: Boeman Sues Over Illegal Pay Practices
-----------------------------------------------------------
Emily Boeman, individually and on behalf of all others similarly
situated, Plaintiff v. Henry Ford Hospital, Defendant, Case No.
2:24-cv-11169-JJCG-EAS (E.D. Mich., May 1, 2024) arises out of
Defendant's violations of the Fair Labor Standards Act and the
Portal-to-Portal Act.
Plaintiff Boeman is a nurse who worked for Defendant from
approximately January 2019 through approximately May of 2022.
Allegedly, Plaintiff was deprived of contractually-owed straight
time pay for weeks in which she worked fewer than 40 hours in a
workweek due to Defendant's policy/practice of deducting 30 minutes
of work time from each shift worked and not paying for same. In
addition, Defendant breached the contract by failing to pay
Plaintiff for so-called "meal breaks" where Plaintiff was actually
interrupted or subject to interruption. Accordingly, Plaintiff
seeks all damages available for Defendant's failure to timely pay
all overtime wages owed, including back wages, liquidated damages,
reasonable attorneys' fees and costs, and post-judgment interest,
says the suit.
Henry Ford Hospital is an 877-bed tertiary care hospital located in
Detroit, MI. [BN]
The Plaintiff is represented by:
David M. Blanchard, Esq.
Blanchard & Walker, PLLC
221 North Main Street, Suite 30
Ann Arbor, MI 48104
Telephone: (734) 929-4313
E-mail: blanchard@bwlawonline.com
- and -
Ricardo J. Prieto, Esq.
Melinda Arbuckle, Esq.
WAGE AND HOUR FIRM
5050 Quorum Drive, Suite 700
Dallas, TX 75254
Telephone: (214) 489-7653
Facsimile: (469) 319-0317
E-mail: rprieto@wageandhourfirm.com
marbuckle@wageandhourfirm.com
HILL’S PET: Faces Frost Suit Over Blind-Inaccessible Website
--------------------------------------------------------------
Clarence and Tammy Frost, individually and on behalf of all others
similarly situated v. Hill's Pet Nutrition Inc., Case No.
0:24-cv-01685 (D. Minn., May 9, 2024) accuses the Defendant of
violating the Americans with Disabilities Act by denying legally
blind or visually-impaired people full and equal access to its
website.
The Defendant owns and operates the website, www.hillspet.com,
through which Defendant sells its products. Plaintiffs, who are
legally blind and are therefore disabled under ADA, attempted to
access Defendant's website but encountered barriers that denied
them full and equal access to Defendant's online goods, content,
and services. Plaintiffs allege that Defendant failed to ensure its
website is fully accessible to, and independently usable by,
individuals suffering from vision-related disabilities. The
Plaintiffs now bring a claim under ADA and assert a companion cause
of action under the Minnesota Human Rights Act, seeking permanent
injunction, a civil penalty, and damages.
Hill's Pet Nutrition, Inc. is an American pet food company
headquartered in Overland Park, KS. [BN]
The Plaintiffs are represented by:
Chad A. Throndset, Esq.
Patrick W. Michenfelder, Esq.
Jason Gustafson, Esq.
THRONDSET MICHENFELDER, LLC
80 South 8 th Street, Suite 900
Minneapolis, MN 55402
Telephone: (763) 515-6110
E-mail: chad@throndsetlaw.com
pat@throndselaw.com
jason@throndsetlaw.com
HOME HEALTH: Fails to Pay OT Wages Under FLSA, Muhammad Claims
--------------------------------------------------------------
SHARON MUHAMMAD, on behalf of herself and similarly situated
employees v. HOME HEALTH ADVANTAGE INC., Case No. 2:24-cv-01998
(E.D. Pa., May 9, 2024) sues the Defendant for failing to pay
overtime wages under the Fair Labor Standards Act and the
Pennsylvania Minimum Wage Act.
The Plaintiff often worked over 40 hours per week. For most of the
Plaintiff's employment, the Defendant paid her either $11.00 or
$13.00/hour.
During the three-year period covered by this lawsuit, the Defendant
generally has paid the Plaintiff and other home care workers their
straight-time hourly wage for all hours worked, including hours
worked over 40 per week. For example, the Plaintiff often worked 76
hours per week for the Defendant; however, during such weeks, no
overtime premium pay was provided, the suit alleges.
The Plaintiff brings her FLSA claim as a collective action pursuant
to 29 U.S.C. section 216(b) and brings her PMWA claim as a class
action pursuant to Federal Rule of Civil Procedure 23.
Ms. Muhammad was employed by the Defendant as a home care worker
during the three-year period relevant to this lawsuit.
The Defendant owns and operates a business that provides home
health care services to clients.[BN]
The Plaintiff is represented by:
Peter Winebrake, Esq.
Michelle Tolodziecki, Esq.
WINEBRAKE & SANTILLO, LLC
715 Twining Road, Suite 211
Dresher, PA 19025
Telephone: (215) 884-2491
E-mail: mtolodziecki@winebrakelaw.com
HP INC: Pattison Sues Over Care Packs with "Risk Free" Rebates
--------------------------------------------------------------
MARY PATTISON, on behalf or herself and all others similarly
situated v. HP INC., Case No. 3:24-cv-02752 (N.D. Cal., May 8,
2024) is a class action for damages resulting from HP Inc.'s breach
of its contract with the Plaintiff and others similarly situated
regarding its Care Packs with "Risk Free" rebates.
When HP sells computers, it endeavors to upsell customers on
additional services and refundable service plans, including through
its Care Pack program. The program purports to provide
warranty-like coverage for service-related issues with certain HP
products. It is touted as "risk free" because, according to its
terms of service, if the customer has not had any service events
covered by the Care Pack for three years, the customer is entitled
to a full rebate equal to the cost of the Care Pack.
Despite the express terms of HP's Care Pack program obligating HP
to administer, process and issue rebates, it has pretermitted its
contracts with Care Pack owners. HP has failed to abide by its
promises to administer the program, much less provide the rebates
that it owes to the Plaintiffs and the Class, the Plaintiff
contends.
The Plaintiff purchased a personal computer from HP via its online
store on Nov. 14, 2020. Along with an HP Spectre x360 laptop at a
cost of $1499.99, the Plaintiff purchased an "HP Care Pack" for
$184.99 (more fully described on the invoice as "HP 3 Year Pickup
and Return with Accidental Damage Protection and Risk Free").
Having experienced no service events for three years on her laptop,
the Plaintiff completed the rebate form available on HP's website
and submitted it, as instructed on the form, by email to
focus.crc@hp.com on Dec. 19, 2023.
The Plaintiff sent several additional emails to the HP Escalation
team at consumer.escalations@hp.com requesting action. As of May 2,
2024 the Plaintiff has still not received any update regarding
processing her rebate request nor received the rebate that she is
owed according to the terms of the program she purchased. As a
direct and proximate result of HP's breaches of the contracts, The
Plaintiff and Class members sustained damages, including the loss
of the benefit of the bargain, consequential damages and nominal
damages, the lawsuit asserts.
HP develops personal computers, printers, and related
supplies.[BN]
The Plaintiffs are represented by:
John P. Kristensen, Esq.
KRISTENSEN LAW GROUP
120 Santa Barbara St., Suite C9
Santa Barbara, CA 93101
Telephone: (805) 837-2000
E-mail: john@kristensen.law
- and -
Jarrett Ellzey, Esq.
ELLZEY & ASSOCIATES
1105 Milford Street
Houston, TX 77066
Telephone: (713) 554-2377
E-mail: jarrett@ellzeylaw.com
- and -
David E. Wynne, Esq.
BURDINE WYNNE LLP
1415 Louisiana, Suite 3900
Houston, TX 77002
Telephone: (713) 227-8835
E-mail: dwynnne@burdinewynne.com
ICF TECHNOLOGY: Fails to Pay Performers' Minimum Wages Under FLSA
-----------------------------------------------------------------
JENNIFER MONDELLO, on behalf of herself and all others similarly
situated v. ICF TECHNOLOGY, INC., ACCRETIVE TECHNOLOGY GROUP, INC.,
Case No. 8:24-cv-01037 (M.D. Fla., Apr. 30, 2024) is a hybrid
action with (i) a collective action under the Fair Labor Standards
Act; and (ii) a Rule 23(b)(3) class action for violations under
Florida law, including the Florida Minimum Wage Act and the Florida
Constitution, to recover unpaid minimum wages.
The Plaintiff alleges that the Defendants have subjected the
Plaintiff and the Class/Collective members to improper pay
practices by compensating them only for "paid chats" but not for
the full period of time they are working, including "free chat"
sessions when they are performing to attract customers for a "paid
chat."
In essence, these Performers are only paid for a part of the show.
And Defendants track those paid minutes online as well as the total
minutes online. This case is primed for class certification based
on Defendants' own records, the suit claims.
The Defendants have misclassified their Performers, including the
Plaintiff, as "independent contractors" when they are, in fact,
employees under federal and state law, the suit adds.
While the Performer is the one attempting to entice the customers
to pay, ICF exhibits significant control over the manner in which
they do so by way of written rules in the Agreement it requires all
Performers to sign and follow, the Plaintiff asserts.
The Plaintiff brings this FLSA Collective Action as an "opt-in" on
behalf herself and similarly situated Performers, which is defined
as:
"All current and former individuals who were employed as
Performers by ICF Technology, Inc. or Accretive Technology
Group, Inc. at any time three (3) years prior to the filing of
this action through the entry of judgment in this action, and
who elect to opt-in to this action pursuant to the FLSA, 29
U.S.C. section 216(b) (the "Florida Collective")."
The Plaintiff brings as a class action pursuant to Fed. R. Civ. P.
23(b)(3), on behalf of herself and the following, initially
defined, Class:
"All current and former individuals who work or have worked as
Performers for ICF Technology, Inc. and/or Accretive
Technology Group, Inc. in the State of Florida at any time
five (5) years prior to the filing of this Action through the
entry of judgment in this Action ("Class").
The Plaintiff has been a performer for ICF from October of 2022
until the present.
ICF operates a streaming website under the name Streamate.com,
providing live, simulcast adult entertainment to its
customers.[BN]
The Plaintiff is represented by:
Stephanie A. Casey, Esq.
COLSON HICKS EIDSON, P.A.
255 Alhambra Circle, Penthouse
Coral Gables, FL 33134
Telephone: (305) 476-7400
Facsimile: (305) 476-7444
E-mail: scasey@colson.com
- and -
Charles J. Kocher, Esq.
Tyler J. Burrell, Esq.
Gaetano J. DiPersia, Esq.
McOMBER McOMBER & LUBER, P.C.
50 Lake Center Drive, Suite 400
Marlton, NJ 08053
Telephone: (856) 985-9800
E-mail: cjk@njlegal.com
tjb@njlegal.com
gjd@njlegal.com
ILL MERCHANDISE: Website Inaccessible to Blind, Sookul Suit Alleges
-------------------------------------------------------------------
SANJAY SOOKUL, on behalf of himself and all others similarly
situated, v. ILL Merchandise LLC, Case No. 1:24-cv-03301 (S.D.N.Y.,
Apr. 30, 2024) sues the Defendant for their failure to design,
construct, maintain, and operate their website
"Officialbandshirts.com" to be fully accessible to and
independently usable by the Plaintiff and other blind or
visually-impaired persons, under the Americans with Disabilities
Act.
The Defendant is denying blind and visually impaired persons
throughout the United States with equal access to the goods and
services ILL Merchandise provides to their non-disabled customers
through their website, the suit asserts.
The Plaintiff intended to make an online purchase of a hoodie on
Officialbandshirts.com. However, he encountered difficulties
navigating the Defendant's website because of accessibility issues-
the inability to skip to the main content via a link, the denial of
keyboard access for some interactive elements, some headings are
not programmatically defined, insufficient keyboard focus
indicators, the lack of proper screen reader announcements, group
label information is not announced by the screen reader, some
interactive controls lack accessible names, some edit fields lack
programmatically defined labels, and the requirement that
transactions be performed solely with a mouse, the suit claims.
The Plaintiff seeks a permanent injunction to cause a change in ILL
Merchandise's policies, practices, and procedures to that the
Defendant's website will become and remain accessible to blind and
visually-impaired consumers.
This complaint also seeks compensatory damages to compensate Class
members for having been subjected to unlawful discrimination.
The Plaintiff is a visually-impaired and legally blind person who
requires screen-reading software to read website content using his
computer.
ILL Merchandise offers an array of merchandise for bands and other
musicians such as tee shirts, hoodies, accessories, and other
products for men, women, and children.[BN]
The Plaintiff is represented by:
Kimmia Salehi, Esq.
MARS KHAIMOV LAW, PLLC
100 Duffy Avenue, Suite 510
Hicksville, NY 11801
Telephone: (404) 452-0779
Facsimile: (929) 333-7774
E-mail: kimmia@khaimovlaw.com
ILOV305 I LLC: Flores Seeks to Recover Unpaid OT Wages Under FLSA
-----------------------------------------------------------------
Luis Flores and other similarly situated individuals v. ILOV305 I
LLC d/b/a Wild N Out 305, Steven Davidovici, Erez Davidovici,
individually, Case No. 1:24-cv-21761 (S.D. Fla., May 6, 2024) seeks
to recover unpaid overtime wages under the Fair Labor Standards
Act.
At hiring, the Plaintiff was offered a salary of $1,346.15 weekly,
covering 40 hours weekly. The Plaintiff was misclassified as a
Manager. However, the Plaintiff was a regular restaurant employee
with additional clerical responsibilities.
The Plaintiff's primary duty was non-exempted and manual in nature.
The plaintiff had multiple duties, including opening and closing
the restaurant. The Plaintiff performed regular restaurant work
such as cooking, busboy, food runner, cleaning, mopping floors,
cleaning bathrooms, performing maintenance work, etc. These and
other manual tasks, too numerous to count, constituted 90% of the
Plaintiff's work, says the suit.
During his employment with the Defendants, the Plaintiff worked a
total of 84 hours weekly. The Plaintiff also did not take bonafide
lunchtime. In addition, during his last 8 weeks of employment, the
Plaintiff began to work 3 hours earlier, because he had to buy ice
to fill the freezers. Thus, during his last 8 weeks of employment,
the Plaintiff worked an average of 102 hours weekly. The Plaintiff
worked 84 and 102 hours but was paid only his weekly salary
regardless of the number of hours worked. The Defendants
misclassified Plaintiff as a manager and then failed to pay him for
overtime hours, as required by law, says the suit.
Wild N Out is a bar and restaurant located at 1060 Ocean Drive,
Miami Beach, Florida 33139.[BN]
The Plaintiff is represented by:
Zandro E. Palma, Esq.
ZANDRO E. PALMA, PA.
9100 S. Dadeland Blvd., Suite 1500
Miami, FL 33156
Telephone: (305) 446-1500
Facsimile: (305) 446-1502
E-mail: zep@thepalmalawgroup.com
INMARKET MEDIA: Lionetta & Wallace Sue Over Private Data Disclosure
-------------------------------------------------------------------
BERNADETTE LIONETTA and CHERYL WALLACE, individually and on behalf
of all others similarly situated, Plaintiffs v. INMARKET MEDIA,
LLC, Defendant, Case No. 1:24-cv-11170-JEK (D. Mass., May 1, 2024),
arises from InMarket's unlawful data collection practices that
invaded Plaintiffs' privacy and made their personal information
accessible to unauthorized third parties.
The Plaintiffs assert that InMarket has been unjustly enriched in
retaining the revenues derived from the sale of Plaintiffs' and
Class members' data, including their geolocation data. While
pursuing its grand expansion of its consumer reach and location
database, InMarket failed to take necessary measures to ensure that
third-party apps incorporating its Software Development Kit made
the appropriate disclosures and obtained informed consent from
consumers regarding InMarket's use of their data. Moreover,
InMarket fails to notify consumers that their location data will be
used for targeted advertising and fails to verify that apps
incorporating the InMarket SDK have notified consumers of such
use., say the Plaintiffs.
Based in Austin, TX, InMarket is a data aggregator company and
digital marketing platform. [BN]
The Plaintiffs are 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 -
Tina Wolfson, Esq.
Robert Ahdoot, Esq.
Theodore Maya, Esq.
Deborah De Villa, Esq.
Sarper Unal, Esq.
AHDOOT & WOLFSON, PC
2600 W. Olive Avenue, Suite 500
Burbank, CA 91505-4521
Telephone: (310) 474-9111
Facsimile: (310) 474-8585
E-mail: twolfson@ahdootwolfson.com
rahdoot@ahdootwolfson.com
tmaya@ahdootwolfson.com
ddevilla@ahdootwolfson.com
sunal@ahdootwolfson.com
- and-
Joseph I. Marchese, Esq.
Julian C. Diamond, 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: jmarchese@bursor.com
jdiamond@bursor.com
- and -
L. Timothy Fisher, 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
IOSM INC: Parties Seek to Continue Class Certification Deadlines
----------------------------------------------------------------
In the class action lawsuit captioned as NICHOLE GALLAHER,
individually, and on behalf of other members of the general public
similarly situated, and on behalf of aggrieved employees pursuant
to the Private Attorneys General Act ("PAGA"); v. IOSM, INC. d/b/a
ON-SITE HEALTH & SAFETY, a California corporation; and DOES 1
through 100, inclusive; Case No. 3:23-cv-03625-JSC (N.D. Cal.), the
Parties ask the Court to enter an order granting their stipulation
to stay discovery and continue class certification deadlines:
-- All formal discovery in the instant Sept. 9, 2024
matter is hereby stayed for 120 days,
until:
-- The Parties shall again report to the Sept. 9, 2024.
Court on the status of their resolution
efforts and, if appropriate, submit a
proposed class certification briefing
schedule by:
IOSM is a 24-hour provider of essential health and safety
services.
A copy of the Parties' motion dated May 10, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=fSduMY at no extra
charge.[CC]
The Plaintiff is represented by:
Douglas Han, Esq.
Shunt Tatavos-Gharajeh, Esq.
William Wilkinson, Esq.
JUSTICE LAW CORPORATION
751 N. Fair Oaks Avenue, Suite 101
Pasadena, CA 91103
Telephone: (818) 230-7502
Facsimile: (818) 230-7259
E-mail: dhan@justicelawcorp.com
statavos@justicelawcorp.com
wwilkinson@justicelawcorp.com
The Defendants are represented by:
Corey J. Cabral, Esq.
Sander Van Der Heide, Esq.
Dalia Z. Khatib, Esq.
CDF LABOR LAW LLP
900 University Avenue, Suite 200
Sacramento, CA 95825
Telephone: (916) 361-0991
E-mail: ccabral@cdflaborlaw.com
svanderheide@cdflaborlaw.com
dkhatib@cdflaborlaw.com
IQVIA INC: Fischbein Can File Class Cert Reply Brief
----------------------------------------------------
In the class action lawsuit captioned as RICHARD E. FISCHBEIN,
M.D., individually and on behalf of all others similarly situated,
v. IQVIA, INC., Case No. 2:19-cv-05365-NIQA (E.D. Pa.), the Hon.
Judge Nitza I. Quiñones Alejandro entered an order granting the
Plaintiff's unopposed motion for leave to file a reply brief in
support of his motion for class certification and for an extension
of time to file a response to the Defendant's motion to exclude.
Accordingly, the Plaintiff may file a reply brief in support of his
motion for class certification on or before May 24, 2024, and the
date by which the Plaintiff shall respond to the Defendant's motion
to exclude is extended to May 24, 2024.
IQVIA provides healthcare research services.
A copy of the Court's order dated May 13, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=SDKBnQ at no extra
charge.[CC]
J.B. POINDEXTER: Fails to Protect Employees' Info, Perlaki Claims
-----------------------------------------------------------------
THOMAS PERLAKI, on behalf of himself and all others similarly
situated v. J.B. POINDEXTER & CO, INC., Case No. 4:24-cv-01649
(S.D. Tex., May 1, 2024) alleges that the Defendant failed to
adequately train its employees on cybersecurity and failed to
maintain reasonable security safeguards or protocols to protect the
Class's personally identifiable information.
On Apr. 4, 2024, the Defendant learned that cyber criminals had
gained unauthorized access into various components of the J.B.
Poindexter & Co, Inc. computer network and that certain servers and
computers were encrypted. The Data Breach exposed the PII of
Defendants' "current and former team members, as well as
dependent(s) of our team members." The compromised PII were contact
information, Social Security number, date of birth, and driver's
license numbers, the lawsuit alleges.
Because of the Defendant's Data Breach, the Plaintiff suffered
imminent and impending injury arising from the substantially
increased risk of fraud, misuse, and identity theft. The Plaintiff
also suffered—and will continue to suffer from—anxiety, sleep
disruption, stress, fear, and frustration, the lawsuit asserts.
Plaintiff Perlaki is a former employee of the Defendant. The
Plaintiff provided his PII to the Defendant and trusted the company
would use reasonable measures to protect it according to the
Defendant's internal policies, as well as state and federal law.
The Defendant is a privately held, diversified manufacturing
company.[BN]
The Plaintiff is represented by:
Joe Kendall, Esq.
KENDALL LAW GROUP, PLLC
3811 Turtle Creek Blvd., Suite 825
Dallas, TX 75219
Telephone: (214) 744-3000
Facsimile: (214) 744-3015
E-mail: jkendall@kendalllawgroup.com
- and -
Samuel J. Strauss, Esq.
Raina Borrelli, Esq.
STRAUSS BORRELLI PLLC
980 N. Michigan Avenue, Suite 1610
Chicago, IL 60611
Telephone: (872) 263-1100
E-mail: sam@straussborrelli.com
raina@straussborrelli.com
JAMES AVERY: Heiting Sues Over Unlawful Disclosure of Private Chats
-------------------------------------------------------------------
ANNE HEITING, an individually and on behalf of all others similarly
situated, Plaintiff v. JAMES AVERY CRAFTSMAN, INC., a Texas
Corporation; and DOES 1 through 25, inclusive, Defendants, Case No.
2:24-cv-03550 (C.D. Cal., April 30, 2024) arises from Defendant's
deceptive practices of surreptitiously implanting code on its
website and allowing for the unauthorized recording and creation of
transcripts of private conversations in violation of the California
Invasion of Privacy Act.
In order to facilitate this invasive eavesdropping, Defendant has
entered into financial agreements with salesforce.com (Salesforce)
to embed code into Defendant's website chat function. In
contracting with Salesforce, Defendant chooses which
functionalities of the software to deploy, including how data is
transferred, what data to track, and how chats are stored by
Salesforce. The code enables Salesforce to covertly intercept and
monitor a website visitor's chat conversation in real-time, without
their knowledge or consent. However, Defendant failed to disclose
that chats are being routed to Salesforce's server so that it can
record, store, and use communication for the purposes of collecting
information about a specific internet user, says the suit.
James Avery Craftsman, Inc. is a retail company that operates the
website www.jamesavery.com, which sells jewelry. [BN]
The Plaintiff is represented by:
Robert Tauler, Esq.
Wendy Miele, Esq.
TAULER SMITH LLP
626 Wilshire Boulevard, Suite 550
Los Angeles, CA 90017
Telephone: (213)-927-9270
E-mail: robert@taulersmith.com
wmiele@taulersmith.com
JAMES VELISSARIS: Day Seeks to Certify Class of Film Crew Members
------------------------------------------------------------------
In the class action lawsuit captioned as TERRY DAY; individually
and on behalf of similarly situated persons, v. JAMES VELISSARIS,
Case No. 1:22-cv-04987-TWT (N.D. Ga.), the Plaintiff asks the Court
to enter an order:
-- conditionally certifying a putative class of film crew members
who
worked for the Defendant on the motion picture "Black
Spartans";
-- authorizing the Plaintiff to proceed as a collective action
under
29 U.S.C. section 216(b) on behalf of Plaintiff and other
similarly situated employees;
-- directing the Defendant to provide Plaintiff's counsel with the
film crew contact information so that they may be notified of
the
lawsuit;
-- authorizing notice through first-class mail and email, a 90 day
notice period, with a 25 day reminder notice to those who have
not
responded;
-- approving that Notice be provided to the collective class in
the
form presented in Exhibit "A"; and
-- approving the Plaintiff's proposed Opt-In Consent Form,
attached
as Exhibit "B".
The Court should grant conditional certification because the
Plaintiff meets the lenient standard of showing that he is
similarly situated to other film crew members in their job
requirements and pay provisions, and there are other putative
collective class members who will join this lawsuit if they receive
notice, the Plaintiff says.
A copy of the Plaintiff's motion dated May 13, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=xwHBsf at no extra
charge.[CC]
The Plaintiff is represented by:
Michael B. Schoenfeld, Esq.
James D. Fagan, Jr., Esq.
STANFORD FAGAN LLC
2540Lakewood Avenue SW
Atlanta, GA 30315
Telephone: (404) 622-0521, ext. 2244
E-mail: michaels@sfglawyers.com
jfagan@sfglawyers.com
The Defendant is represented by:
Halsey G. Knapp, Jr., Esq.
KREVOLIN & HORST, LLC
1201 West Peachtree St NW, Suite 3250
Atlanta, GA 30309
E-mail: hknapp@khlawfirm.com
- and -
Brandon Levey, Esq.
GILBERT LLP
700 Pennsylvania Avenue, SE, Suite 400
Washington, DC 20003
E-mail: leveyb@gilbertlegal.com
KAM'S AUTOMOTIVE: Fails to Pay Proper Wages, Beltran Suit Says
--------------------------------------------------------------
ANTHONY RICARDO BELTRAN, individually and on behalf of all others
similarly situated, Plaintiff v. KAM'S AUTOMOTIVE, INC., Case No.
24STCV10975 (Cal., Super., Los Angeles Cty., May 1, 2024) is an
action against the Defendants for failure to pay minimum wages,
overtime compensation, authorize and permit meal and rest periods,
provide accurate wage statements, and reimburse necessary business
expenses.
Plaintiff Beltran was employed by the Defendant as a staff.
KAM'S AUTOMOTIVE, INC. is an automotive service centre located in
Los Angeles, California. [BN]
The Plaintiff is represented by:
Manny Starr, Esq.
Daniel Ginzburg, Esq.
FRONTIER LAW CENTER
23901 Calabasas Road, Suite 1084
Calabasas, CA 91302
Telephone: (818) 914-3433
Facsimile: (818) 914-3433
Email: manny@frontierlawcenter.com
dan@frontierlawcenter.com
KAONA INC: Faces Kim Wage-and-Hour Class Suit in S.D.N.Y.
---------------------------------------------------------
SEON SHIM KIM, on behalf of herself and a class and collective of
similarly situated individuals v. Kaona Inc. dba Zen Spa and Helen
Hyewon Koh, in their individual and professional capacities, Case
No. 1:24-cv-03565 (S.D.N.Y., May 9, 2024) accuses the Defendants of
violating the Fair Labor Standards Act and the New York Labor Law.
The Plaintiff worked for Defendants as a cosmetologist from 2013 to
June 4, 2023. During her employment with Defendants, the Plaintiff
was allegedly subjected to numerous FLSA and NYLL violations,
including among others, failure to pay minimum wages, failure to
pay overtime wages, illegal retention of employee gratuities,
failure to pay for all hours worked, and failure to provide
accurate wage notices. The Plaintiff brings this action to recover
unpaid wages, damages, interest, and attorneys' fees and costs.
Kaona Inc. operates the Zen Spa nail salon located in Bronxville,
NY. [BN]
The Plaintiff is represented by:
Ryan Kim, Esq.
RYAN KIM LAW, P.C.
222 Bruce Reynolds Blvd. Suite 490
Fort Lee, NJ 07024
Telephone: (718) 573-1111
E-mail: ryan@ryankimlaw.com
KNOX COLLEGE: Delacruz Files ADA Suit in S.D. New York
------------------------------------------------------
A class action lawsuit has been filed against Knox College. The
case is styled as Emanuel Delacruz, on behalf of himself and all
other persons similarly situated v. Knox College, Case No.
1:24-cv-03595-MMG (S.D.N.Y., May 9, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Knox College -- https://www.knox.edu/ -- is a private liberal arts
college in Galesburg, Illinois.[BN]
The Plaintiff is represented by:
Dana Lauren Gottlieb, Esq.
GOTTLIEB & ASSOCIATES
150 E. 18 St., Suite PHR
New York, NY 10003
Phone: (917) 796-7437
Fax: (212) 982-6284
Email: danalgottlieb@aol.com
KOOMA III: Class Action Settlement in Lunemann Gets Initial Nod
----------------------------------------------------------------
In the class action lawsuit captioned as CAYLA LUNEMANN,
individually and on behalf of similarly situated persons, v. KOOMA
III LLC, Case No. 2:23-cv-03704-KSM (E.D. Pa.), the Hon. Judge
Marston will grant Plaintiff's unopposed motion for preliminary
approval of the Class action settlement.
The parties' proposed settlement was negotiated by experienced
counsel with the help of a federal magistrate judge. It provides
significant benefits to the class members. The Court is satisfied
that preliminary approval is appropriate.
The case is a putative class action and Fair Labor Standards Act
("FLSA") collective lawsuit brought by named Plaintiff Cayla
Lunemann.
The Plaintiff alleges that Defendant Kooma III LLC violated the
minimum wage provisions of the FLSA and the Pennsylvania
Minimum Wage Act ("PMWA").
The Plaintiff proposes a class of "all individuals who, during any
time between Sept. 22, 2020 and Dec. 10, 2023, worked as servers at
Kooma Asian Fusion & Sushi Bar in King of Prussia, PA.
The Plaintiff Cayla Lunemann worked as a server at Kooma Asian
Fusion & Sushi Bar, located in King of Prussia, Pennsylvania.
A copy of the Court's memorandum dated May 13, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=WDaIp8 at no extra
charge.[CC]
LA TORTILLA FACTORY: Gonzalez Sues Over Worker Misclassification
----------------------------------------------------------------
ANGEL GONZALEZ, an individual, on behalf of himself and all others
similarly situated, Plaintiff v. LA TORTILLA FACTORY, INC., a
Delaware corporation; and DOES 1 through 100, inclusive,
Defendants, Case No. 37-2024-00020358-CU-OE-CTL (Cal. Super., San
Diego Cty., May 1, 2024) arises out of Defendants' violations of
the California Labor Code and the California Business and
Professions Code.
By refusing to recognize distributors as employees, Defendant
cheats these individuals out of protections provided by California
labor laws such as overtime pay and reimbursement of business
expenses. The Defendant's misclassification of distributors also
robs the State of important employee tax revenue and gives
Defendant an undue advantage over law-abiding competitors who bear
the necessary expenses associated with employing similar workers,
says the suit.
La Tortilla Factory, Inc. operates a direct store delivery business
offering tortillas and other staple Mexican foods to retail
customer like grocery stores. [BN]
The Plaintiff is represented by:
Craig M. Nicholas, Esq.
Alex Tomasevic, Esq.
Shaun Markley, Esq.
Jordan Belcastro, Esq.
NICHOLAS & TOMASEVIC, LLP
225 Broadway, 19th Floor
San Diego, CA 92101
Telephone: (619) 325-0492
Facsimile: (619) 325-0496
Email: cnicholas@nicholaslaw.org
atomasevic@nicholaslaw.org
smarkley@nicholaslaw.org
jbelcastro@nicholaslaw.org
LENNOX INDUSTRIES: Gonzales Labor Suit Removed to C.D. California
-----------------------------------------------------------------
The case styled ANDREW CHARLES GONZALES v. LENNOX INDUSTRIES INC.,
a corporation; and DOES 1 through 10, inclusive, Case No.
CVRI2401084, was removed from the Superior Court of the State of
California for the County of Riverside, to the U.S. District Court
for the Central District of California on May 9, 2024.
The Clerk of Court for the Central District of California assigned
Case No. 5:24-cv-00982 to the proceeding.
The case arises from Defendant's alleged violations of the
California Labor Code, including among others, failure to pay
minimum and straight time wages, failure to pay overtime wages,
failure to provide meal and rest periods, failure to timely pay
wages at termination, and failure to provide accurate wage
statements.
Based in Richardson, TX, Lennox Industries, Inc. manufactures
climate control products. [BN]
The Defendant is represented
by:
Spencer C. Skeen, Esq.
Jesse C. Ferrantella, Esq.
Yousaf M. Jafri, Esq.
OGLETREE, DEAKINS, NASH, SMOAK & STEWART,
P.C.
4660 La Jolla Village Drive, Suite 900
San Diego, CA 92122
Telephone: (858) 652-3100
Facsimile: (858) 652-3101
E-mail: spencer.skeen@ogletree.com
jesse.ferrantella@ogletree.com
yousaf.jafri@ogletree.com
LF2 INC: Stonebraker Sues Over Unpaid Minimum, OT Wages Under FLSA
------------------------------------------------------------------
MASON STONEBRAKER AND TIFFANY EDWARDS, INDIVIDUALLY AND ON BEHALF
OF THOSE SIMILARLY SITUATED v. LF2 INC., LF4 INC., LF7 INC.,
LAFAYETTE SMOKE TIME INC., JANPAL SINGH, AND SANDEEP SINGH, Case
No. 4:24-cv-00035 (N.D. Ind., May 1, 2024) sues the Defendants for
violation of the minimum wage and overtime provisions of the Fair
Labor Standards Act.
Mr. Stonebraker worked 50 hours per week for the Defendants. He
began working for the Defendants making $12.00 per hour. In May
2023, his pay rate was increased to $15.00 per hour.
Ms. Edwards worked 55–60 hours per week for the Defendant. She
began working for the Defendants making $12.00 per hour. In
September 2023, her regular hourly rate was increased to $16.00 per
hour.
During the course of their employment, neither Edwards nor
Stonebraker were paid overtime wages at one-and-one-half times
their regular hourly rate. Instead, generally Plaintiffs' paystubs
reflect that they were paid for only 40 hours in a work week,
despite having worked in excess of 40 hours in that work week, the
suit asserts.
The Defendants allegedly maintained a policy, pattern, practice, or
plan by which employees were not paid one and one-half times their
regular rates for hours in excess of 40 in single workweeks.
Mr. Stonebraker worked for the Defendants from Dec. 16, 2022 until
Dec. 22, 2023.
Ms. Edwards began worked for the Defendants from March 2023 until
Dec. 18, 2023.
LF2 offers a wide selection of tobacco products and
accessories.[BN]
The Plaintiffs are represented by:
Jason R. Ramsland, Esq.
RAMSLAND LAW LLC
880 Monon Green Blvd, Suite 101.32
Carmel, IN 46032
Telephone: (765) 267-1240
E-mail: jason@rams.land
LINEAGE LOGISTICS: Saul Sues Over Associates' Unpaid Minimum Wages
------------------------------------------------------------------
FELICIA SAUL, an individual, on behalf of herself and all others
similarly situated v. LINEAGE LOGISTICS SERVICES LLC; LINEAGE
LOGISTICS, LLC; LINEAGE LOGISTICS PFS, LLC; LINEAGE LOGISTICS
SERVICES PFS, LLC; LINEAGE LOGISTICS HOLDINGS, LLC; PERISHABLE
SHIPPING SOLUTIONS LLC, and DOES 1 through 25, Inclusive, Case No.
2:24-cv-01331-CSK (E.D. Cal., May 9, 2024) sues the Defendant for
failing to pay all minimum wages for off-the-clock work.
The Plaintiff and Class members had to enter the facility and then
walk long distances before they clock or sign in. Therefore, that
travel time (within the warehouse) was uncompensated. This was
repeated to leave the facility after clocking out. The Defendants
regularly required the Plaintiff and Class members to finish tasks
they were assigned or tasks left incomplete by others after
clocking out, the suit alleges.
After clocking out at the end of their shifts and before they can
go home, employees are required to doff their gear and clean their
workstations. Additionally, the Defendants failed to authorize and
permit the Plaintiff and similarly situated employees to take
legally mandated rest breaks by providing them breaks of less than
10 minutes. The Defendant also failed to provide meal periods in
violation of Labor Code sections 226.7 and 512; failed to provide
rest periods in violation of Labor Code section 226.7; failed to
reimburse for required business expenses; and failed to timely pay
wages when due at termination in violation of Labor Code sections
201 and 202, says the suit.
Ms. Saul worked as a non-exempt warehouse associate for the
Defendants at the Sacramento warehouse and distribution facility in
or around 2022 and again from May 2023 through Sept. 13, 2023.
Lineage is a warehouse distribution and supply chain company
specializing in refrigerated supply chains.[BN]
The Plaintiff is represented by:
Ben Travis, Esq.
BEN TRAVIS LAW, APC
4660 La Jolla Village Drive, Suite 100
San Diego, CA 92122
Telephone: (619) 353-7966
E-mail: ben@bentravislaw.com
- and -
Justin Hewgill, Esq.
HEWGILL COBB & LOCKARD, APC
1620 5th Avenue, Suite 325
San Diego, CA 92101
Telephone: (619) 432-2520
Facsimile: (619) 377-6026
E-mail: contact@hcl-lawfirm.com
LOWE'S COMPANIES: Embeds Tracking Pixels in Emails, Dominguez Says
------------------------------------------------------------------
Martin Dominguez, individually and on behalf of all others
similarly situated v. Lowe's Companies, Inc, a Delaware
Corporation, and Salesforce, Inc., a Delaware Corporation, Case No.
2:24-cv-01030-DLR (D. Ariz., May 5, 2024) alleges that the
Defendants embedded spy tracking pixels in marketing emails the
Defendants sent to the Plaintiff and other Arizona residents who
subscribed to Lowe's email list, in violation of the Arizona's
Telephone, Utility and Communication Service Records Act.
The Plaintiff contends that Lowe's utilized the hidden embedded
tracking system provided by Salesforce to extract "communication
service records," including time logs of email access, associated
email addresses, email client type, email path data, IP addresses,
and device information. Salesforce obtains, stores and uses the
collected data and communication service records to paint a
uniquely identifiable detailed picture of Plaintiff and other
Arizona residents' interests to create targeted advertising
campaigns for Lowe's.
The Defendants never received the Plaintiff's and Class Members'
consent before the Defendants collected, obtained, stored and used
their information and communication service records, the suit says.
By failing to receive consent from the Plaintiff and the Class
Members and by procuring their communication service records and
information by deceptive means, the Defendants did and are
violating Arizona's Telephone, Utility and Communication Service
Records Act, the suit asserts.
Plaintiff Martin Dominguez is a citizen of Arizona. Within the past
two years, the Plaintiff has frequently received and opened emails
from the Defendants to review promotional materials. The Plaintiff
most recently opened one of the Defendants' emails in March 2024.
Each time the Plaintiff opened an email from the Defendants, the
Defendants procured information identifying him and disclosing when
he opened and read the email through the email tracking software
embedded in the email, says the suit.
Lowe's is an American retail company specializing in home
improvement.[BN]
The Plaintiff is represented by:
James X. Bormes, Esq.
Catherine P. Sons, Esq.
LAW OFFICE OF JAMES X. BORMES, P.C.
8 South Michigan Avenue, Suite 2600
Chicago, IL 60603
Telephone: (312) 201-0575
E-mail: jxbormes@bormeslaw.com
cpsons@bormeslaw.com
- and -
Michelle R. Matheson, Esq.
MATHESON & MATHESON, P.L.C.
15300 North 90th Street, Suite 550
Scottsdale, AZ 85260
Telephone: (480) 889-8951
E-mail: mmatheson@mathesonlegal.com
- and -
Thomas M. Ryan, Esq.
LAW OFFICE OF THOMAS M. RYAN, P.C.
35 East Wacker Drive, Suite 650
Chicago, IL 60601
Telephone: (312) 726-3400
E-mail: tom@tomryanlaw.com
LUNDQUIST CONSULTING: Filing of Class Cert Bid Extended to June 27
------------------------------------------------------------------
In the class action lawsuit captioned as Brooks III v. Lundquist
Consulting, Inc., Case No. 3:22-cv-01916 (N.D. Cal., Filed March
25, 2022), the Hon. Judge Rita F. Lin entered an order granting the
parties' request to extend all deadlines in this case by 30 days.
As this is the parties' third request to extend case deadlines, no
further extensions shall be granted absent extraordinary
circumstances, the Court says.
The case deadlines are reset as follows:
Joint Status Report Re Mediation due by: June 12, 2024
Motions for Class Certification and June 27, 2024
Plaintiff's Class Certification Expert
Disclosures due by:
Close of expert discovery is: July 24, 2024
Opposition and Defendant's Class Aug. 21, 2024
Certification Expert Disclosures due by:
Reply due by: Sept. 18,
2024
The suit alleges violation of the Fair Credit Reporting Act.
Lundquist is a company that specializes in bankruptcy management
solutions within the financial services industry.[CC]
MAC COSMETICS: Fails to Pay OT Wages, Leyva Class Suit Alleges
--------------------------------------------------------------
MARCELA LEYVA, individually and on behalf of all others similarly
situated v. M.A.C. COSMETICS INC., a New York corporation, Case No.
2:24-cv-01066-ROS (D. Ariz., May 9, 2024) sues the Defendant for
its failure to pay the Plaintiff and all others similarly situated
for all hours worked, including unpaid overtime, pursuant to the
Fair Labor Standards Act.
The Plaintiff contends that MAC requires its employees to implement
a fashion forward "image" to represent the MAC brand to consumers
and the general public. The Plaintiff and others similarly situated
were required to have their makeup and hair perfected to MAC
standards prior to clocking in for work. At a minimum, MAC's hair
and makeup standards would require the Plaintiff and others
similarly situated to spend time working "off the clock" for which
they were not compensated.
MAC allegedly failed to pay Plaintiff and other similarly situated
employees for the time spent meeting the MAC standards for hair and
makeup prior to clocking into work, which occurred for every shift.
Accordingly, MAC has a policy and practice of not reimbursing its
employees for either the time or the expenses incurred as a result
of purchasing and applying the make-up and clothing, necessary to
meet MAC's appearance expectations. MAC employees would be subject
to reprimand and/or termination for not conforming to the MAC image
expectations, the lawsuit claims.
Ms. Levya was paid on an hourly basis at a set amount per hour plus
nondiscretionary bonus and sales incentive pay (excluding pre-shift
hours worked off the clock for which she is entitled to be paid per
the FLSA). She had no opportunities for profit or loss in the
employment relationship. In weeks where she worked more than 40
hours per week, she was not paid overtime wages at the proper rate
required by the FLSA. During those same workweeks, Ms. Levya also
was not allowed to record time worked off the clock, including, for
example, required preparation time as required before she could
clock in, the lawsuit claims.
The Plaintiff worked for the Defendant as a non-exempt employee
from Oct. 7, 2019 to March 2023.
MAC is a Canadian cosmetics manufacturer.[BN]
The Plaintiff is represented by:
Reuben D. Nathan, Esq.
NATHAN & ASSOCIATES, APC
2901 W. Coast Highway, Suite 200
Newport Beach, CA 92663
Telephone: (949) 270-2798
Facsimile: (949) 209-0303
E-mail: rnathan@nathanlawpractice.com
- and -
Matthew Righetti, Esq.
John Glugoski, Esq.
RIGHETTI GLUGOSKI, PC
2001 Union St, Suite 400
San Francisco, CA 94123
Telephone: (415) 983-0900
E-mail: matt@righettilaw.com
jglugoski@righettilaw.com
MACPHERSON OIL: Case Management Dates in Johnston Stayed
--------------------------------------------------------
In the class action lawsuit captioned as CECIL JOHNSTON,
individually and for all others similarly situated, v. MACPHERSON
OIL COMPANY LLC, Case No. 1:23-cv-01023-JLT-CDB (E.D. Cal.), the
Hon. Judge entered an order that:
1. All case management dates and matters related thereto are
hereby
stayed pending resolution of the Driltek matter.
2. The parties shall file a joint report informing the Court of
the
status of the "Driltek" matter every 180 days from the date
of
issuance of this issuance of this order; and
3. Within 14 days of the resolution of the Driltek matter, the
parties shall file a joint notice informing the Court the
Driltek matter has been resolved and describing the parties'
intentions with respect to the disposition or continued
pursuit
of this case.
The parties further represent that a stay is appropriate because
there is a risk that this Court and the Kern County Superior Court
will issue inconsistent rulings, issues concerning California law
predominate in both suits (which raise comity concerns favoring a
stay), and that the identical claims would produce judicial
inefficiencies in the two separate forums.
On July 7, 2023, the Plaintiff Cecil Johnston initiated this action
with the filing of a complaint on behalf of himself and a putative
class against the Defendant for various alleged violations of the
California Labor Code and applicable Industrial Welfare Commission
Wage Orders.
On May 2, 2024, the Plaintiff filed a notice of intent not to
pursue class certification but reserves his right to pursue his
claims under
the Fair Labor Standard Act as a putative collective action.
On Jan. 29, 2024, the Plaintiff filed a complaint against a certain
"Driltek" in Kern County Superior Court asserting claims for: (1)
failure to pay overtime; (2) failure to authorize and permit and/or
make available rest and meal periods; (3) failure to provide timely
and accurate wage statements; (4) waiting time penalties; (5)
failure to provide employee records; and (6) unlawful business
practices.
Macpherson operates as an oil and gas company.
A copy of the Court's order dated May 13, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=Fqa0Ex at no extra
charge.[CC]
MACY'S INC: Class Counsel Awarded $3.5MM in Attorneys' Fees
-----------------------------------------------------------
In the class action lawsuit captioned as SARA HAWES, et al., v.
MACY'S INC., et al., Case No. 1:17-cv-00754-DRC (S.D. Ohio), the
Hon. Judge Douglas Cole entered an order granting in part the
Plaintiffs' renewed motion for an award of attorneys' fees,
reimbursement of expenses, and award of the Class Representative
Service Awards and entry of Final Judgment, and awarding class
counsel $3,500,000 in attorneys' fees and $216,561.44 in litigation
expenses.
But the Court only partially awards incentive payments for the
named plaintiffs. Specifically, the Court awards Plaintiff Hawes
$750, Plaintiff Chiaraluce $150, and Plaintiff Fontaine $150.
Accordingly, the Court directs the Clerk to enter judgment and to
terminate this case on its docket.
Macy's is an American holding company of department stores.
A copy of the Court's order dated May 13, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=eO90yM at no extra
charge.[CC]
MADISON RESTAURANT: Fass Sues Over Unlawful Tip Credit Policy
-------------------------------------------------------------
Paul Fass, On behalf of himself and all others similarly situated,
Plaintiff v. Madison Restaurant Group, LLC, Matt Keeler,
Defendants, Case No. 3:24-cv-00289 (W.D. Wis., May 1, 2024) seeks
redress, under both the Fair Labor Standards Act and Wisconsin law,
for minimum wages and overtime wages owed to him for his work as a
tipped employee for Defendants.
Plaintiff Fass was employed by Defendants as a server, bartender,
and dining room assistant for approximately seven months in 2022.
Throughout the entirety of Plaintiff's period of employment,
Defendants claimed a tip credit against the FLSA and Wisconsin
minimum wage owed to him. However, Defendants failed to provide to
Plaintiff pieces of information that they must provide to take the
tip credit, says the suit.
Madison Restaurant Group operates three Liberty Station
Restaurants, with one located in Madison, WI; and two others
located in the Phoenix, AZ metropolitan area. [BN]
The Plaintiff is represented by:
Yingtao Ho, Esq.
THE PREVIANT LAW FIRM S.C.
310 W. Wisconsin Ave. Suite 100MW
Milwaukee, WI 53212
Telephone: (414) 271-4500
Facsimile: (414) 271-6308
E-mail: yh@previant.com
MARATHON PETROLEUM: Duhe Suit Seeks Class Certification
-------------------------------------------------------
In the class action lawsuit captioned as RACHEL DUHE AND KIMEYAN
ALEXANDER, EACH INDIVIDUALLY AND ON BEHALF OF A CLASS OF SIMILARLY
SITUATED INDIVIDUALS, V. MARATHON PETROLEUM COMPANY LP, Case No.
2:23-cv-04573-DJP-JVM (E.D. La.), the Plaintiffs ask the Court to
enter an order certifying the "Proposed Class," pursuant to Federal
Rule of Civil Procedure 23(b)(3), referred to as the "Proposed
Class," defined as:
"All persons who owned property, operated a business, or worked
or
resided within the two-mile Mandatory Evacuation Zone and who
have
been harmed by Marathon’s conduct regarding the Incident,
except:
those persons who suffered personal injuries that persisted
after
the Incident’s fire burned out, those persons who were within
the
course and scope of their employment with Marathon Petroleum
during the time of the hydrocarbon release and subsequent fire,
and those persons employed by this Court.
The "Incident” is defined as the fire at Marathon Petroleum
Garyville Refinery that began when naphtha was released from a tank
on 7 a.m. Aug. 25, 2023 and was extinguished on Aug. 28, 2023.
The Proposed Class numbers in the thousands, making it so numerous
that joinder of all members would be impracticable. The Proposed
Class Representatives reside in the area affected by the toxic
pollution events caused by the Defendant's acts and omissions, and
they have suffered harms typical of the harms endured by all
Proposed Class Members.
Marathon is an American petroleum refining, marketing, and
transportation company.
A copy of the Plaintiffs' motion dated May 13, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=uKAvsZ at no extra
charge.[CC]
The Plaintiffs are represented by:
Kerry J. Miller, Esq.
Paul C. Thibodeaux, Esq.
Daniel J. Dysart, Esq.
Brennan F. O'Keefe, Esq.
FISHMAN HAYGOOD, LLP
201 St. Charles Avenue, 46th Floor
New Orleans, LA 70170
Telephone: (504) 586-5252
Facsimile: (504) 586-5250
E-mail: kmiller@fishmanhaygood.com
pthibodeaux@fishmanhaygood.com
ddysart@fishmanhaygood.com
bokeefe@fishmanhaygood.com
- and -
Hugh Lambert, Esq.
Brian Mersman, Esq.
LAMBERT ZAINEY SMITH & SOSO, APLC
701 Magazine Street
New Orleans, LA 70130
Telephone: (504) 581-1750
Facsimile: (504) 529-2931
E-mail: hlambert@lambertzainey.com
bmersman@lambertzainey.com
- and -
Cayce C. Peterson, Esq.
JJC LAW LLC
111 Veterans Memorial Blvd.
Heritage Plaza, Suite 810
Metairie, LA 70005
Telephone: (504) 513-8820
Facsimile: (504) 513-8824
E-mail: cayce@jjclaw.com
- and -
Sylvia Elaine Taylor, Esq.
1935 W. Airline Hwy
LaPlace, LA 70068
Telephone: (985) 359-9100
Facsimile: (985) 359-9109
E-mail: syvlia@taymclaw.com
MARIO GIBSON: Harb Sues Over Unpaid Overtime & Retaliation
----------------------------------------------------------
LAIAL HARB, individually, and on behalf of all others similarly
situated v. MARIO GIBSON LLC d/b/a THE FLOWER BOWL, 420 RELIEF, LLC
d/b/a FLOWER BOWL CORKTOWN, 19533 WEST WARREN, INC. d/b/a THE
FLOWERBOWL DETROIT, RGH I, LLC d/b/a THE FLOWER BOWL II, THE FLOWER
BOWL INVESTMENT GROUP LLC, THE FLOWER BOWL MONROE, LLC, ROYAL
HIGHNESS PC3 LLC d/b/a FLOWER BOWL RIVER ROUGE, FLOWERBOWL WESTLAND
LLC, EMMET GIBSON, MARIO GIBSON, HASSAAN ZAAROUR, ALI MAZLOUM,
RAMONE BEATY, RIF HAMADE-MOUBARAK, HASSAN ZEITOUN, ROBERT
HUNSICKER, TAREK JAWARD, and MOHAMMAD HAMADE, Case No.
2:24-cv-11236-PDB-APP (E.D. Mich., May 9, 2024) accuses the
Defendants of willfully violating the overtime and anti-retaliation
provisions of the Fair Labor Standards Act.
The Plaintiff worked for Defendants as an hourly, non-exempt
Delivery Driver from approximately October 2021 through December
2021. The Plaintiff alleges that throughout her employment with
Defendants, she was not paid overtime compensation for all hours
worked more than 40 in a given workweek, in violation of the FLSA.
Additionally, Defendants allegedly terminated Plaintiff after she
confronted them about their violations.
Headquartered in Michigan, Mario Gibson LLC operates multiple
recreational and medical cannabis dispensaries in Metro Detroit.
[BN]
The Plaintiff is represented by:
Matthew L. Turner, Esq.
Alana A. Karbal, Esq.
Kathryn Milz, Esq.
SOMMERS SCHWARTZ, P.C.
One Towne Square, 17th Floor
Southfield, MI 48076
Telephone: (248) 355-0300
E-mail: mturner@sommerspc.com
akarbal@sommerspc.com
MARTIN MARTIN: Pardinas Sues Over Unsolicited Telemarketing Calls
-----------------------------------------------------------------
OTTO PARDINAS on behalf of himself and all others similarly
situated v. MARTIN MARTIN RENOVATIONS, INC. dba BATH FITTER, Case
No. 1:24-cv-21682-RKA (S.D. Fla., May 1, 2024) alleges that the
Defendant made unsolicited telemarketing calls to telephone numbers
that are listed on the National Do Not Call Registry, in violation
of the Florida Telephone Solicitations Act.
The Plaintiff alleges that Bath Fitter uses automated systems to
make telemarketing calls into Florida. The Plaintiff's residential,
cellular telephone number is (786) 253-XXXX. That number has been
on the National Do Not Call Registry since 2004 and it has not been
removed from the Registry since that time. Mr. Pardinas uses the
number for personal, residential, and household reasons, the
lawsuit says.
Mr. Pardinas never consented to receive telemarketing calls from
the Defendant, and never did any business with the Defendant.
Despite that, the Defendant made pre-recorded telemarketing calls
to the Plaintiff on April 7 (twice), 8, 10 and 17, 2023, says the
suit.
The class of persons Plaintiff propose to represent is tentatively
defined as:
TCPA Do Not Call Registry Class:
"All persons in the United States who from four years
prior to the filing of this action through trial (1) Defendant,
or an agent calling on behalf of Defendant, called more than
one time, (2) within any 12-month period, (3) where the
person's residential telephone number had been listed on the
National Do Not Call Registry for at least thirty days, (4) for
substantially the same reason the Defendant called the
Plaintiff."
TCPA Pre-recorded Class:
"All persons in the United States who from four years prior to
the filing of this action through class certification (1)
Defendant, or an agent calling on behalf of the Defendant,
called on their cellular telephone number (2) using the same
or
a substantially similar artificial or pre-recorded voice
message used to call the Plaintiff."
FTSA Class:
"All persons called in Florida, who, on or after July 1, 2021,
(1) received a telephonic sales call regarding Defendant's
goods and/or services, (2) using the same or a substantially
similar artificial or pre-recorded voice message or the same
dialing system used to call Plaintiff."
Excluded from the Class are counsel, the Defendant, and any
entities in which the Defendant have a controlling interest,
the Defendant' agents and employees, any judge to whom this
action is assigned, and any member of such judge's staff and
immediate family.
Mr. Pardinas is, and was, a citizen of Florida.
Martin provides bath remodeling products.[BN]
The Plaintiff is represented by:
Avi R. Kaufman, Esq.
Rachel E. Kaufman, Esq.
KAUFMAN P.A.
237 South Dixie Highway, 4th Floor
Coral Gables, FL 33133
Telephone: (305) 469-5881
E-mail: kaufman@kaufmanpa.com
rachel@kaufmanpa.com
MEDSPA & BEAUTYFIX: Fried Sues Over Unsolicited Telephone Calls
---------------------------------------------------------------
JONATHAN FRIED, individually and on behalf of all others similarly
situated, Plaintiff v. MEDSPA & BEAUTYFIX, LLC D/B/A, BEAUTYFIX,
Defendant, Case No. 1:24-cv-21670-XXXX (S.D. Fla., April 30, 2024)
seeks to secure redress for Defendant's violations of the Telephone
Consumer Protection Act.
The Defendant violated TCPA by initiating, or causing to be
initiated, telephone solicitations to telephone subscribers such as
Plaintiff Fried and the Do Not Call Registry Class members who
registered their respective telephone numbers on the National Do
Not Call Registry. Accordingly, Plaintiff seeks injunctive relief
to halt Defendant's illegal conduct, which has resulted in the
invasion of privacy, harassment, aggravation, and disruption of the
daily life of thousands of individuals. The Plaintiff also seeks
statutory damages on behalf of himself and members of the class,
and any other available legal or equitable remedies.
Headquartered in New York, NY, MedSpa & BeautyFix, LLC is a medspa
and plastic surgery center with multiple locations in New York,
Connecticut and Florida. [BN]
The Plaintiff is represented by:
Andrew J. Shamis, Esq.
Garrett O. Berg, Esq.
Christopher E. Berman, Esq.
SHAMIS & GENTILE, P.A.
14 NE 1st Avenue, Suite 705
Miami, FL 33132
Telephone: 305-479-2299
E-mail: ashamis@shamisgentile.com
gberg@shamisgentile.com
cberman@shamisgentile.com
MERRILL LYNCH: Milligan Seeks to Recover FAs' Deferred Compensation
-------------------------------------------------------------------
KELLY MILLIGAN, ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY
SITUATED v. MERRILL LYNCH, PIERCE, FENNER & SMITH INC., BANK OF
AMERICA CORP., and JOHN/JANE DOE 1, THE SENIOR VICE
PRESIDENT–HUMAN RESOURCES GLOBAL BANKING AND GLOBAL WEALTH AND
INVESTMENT MANAGEMENT ADMINISTRATION AT BANK OF AMERICA CORP., Case
No. 3:24-cv-00440 (W.D.N.C., Apr. 30, 2024) seeks to recover the
deferred compensation that financial advisors forfeited in
violation of the Employee Retirement Income Security Act of 1974,
when they left Merrill Lynch.
According to the complaint, FAs receive salary plus commissions.
The Defendants automatically allocate a portion of commissions into
the WealthChoice Contingent Award Plan. Merrill Lynch causes FAs to
forfeit the value in their Plan accounts if they leave Merrill
Lynch before these vesting dates (the "Cancellation Rule"), the
suit says.
The Plaintiff seeks an Order from the Court under ERISA section
502(a)(3) declaring that the Plan is subject to ERISA and that the
Cancellation Rule violates ERISA's vesting and anti-forfeiture
requirements. He also asserts a claim against John/Jane Doe 1, the
Senior Vice President–Human Resources Global Banking and Global
Wealth and Investment Management Administration, who administers
the deferred-compensation plan, for breach of fiduciary duty under
ERISA section 502(a)(2) and (a)(3) for applying the Cancellation
Rule in violation of ERISA, the suit asserts.
Alternatively, the Plaintiff seeks an Order reforming the Plan so
that it complies with ERISA's vesting and anti-forfeiture
requirements by eliminating the Cancellation Rule.
Plaintiff Milligan is a Certified 401(k) Professional, Certified
Plan Fiduciary Advisor, Certified Private Wealth Advisor, and
Chartered Retirement Planning Counselor, with more than 20 years of
experience as a financial advisor. Mr. Milligan worked as an FA at
Merrill Lynch from 2000–2021. When he left Merrill Lynch, he
forfeited over $500,000 in deferred compensation as a result of the
Cancellation Rule.
Merrill Lynch is a registered broker-dealer, registered investment
adviser, and wholly owned subsidiary of Bank of America Corp.[BN]
The Plaintiff is represented by:
John D. Hurst, Esq.
Mathew P. Jasinski, Esq.
Douglas P. Needham, Esq.
MOTLEY RICE LLC
50 Clay Street, Suite 1
Morgantown, WV 26501
Telephone: (304) 413-0456
Facsimile: (304) 413-0458
E-mail: jhurst@motleyrice.com
bnarwold@motleyrice.com
mjasinski@motleyrice.com
dneedham@motleyrice.com
- and -
Thomas R. Ajamie, Esq.
John S. "Jack" Edwards, Jr., Esq.
Courtney D. Scobie, Esq.
AJAMIE LLP
Pennzoil Place - South Tower
711 Louisiana, Suite 2150
Houston, TX 77002
Telephone: (713) 860-1600
Facsimile: (713) 860-1699
E-mail: tajamie@ajamie.com
jedwards@ajamie.com
cscobie@ajamie.com
- and -
Robert A. Izard, Esq.
Christopher M. Barrett, Esq.
IZARD, KINDALL & RAABE LLP
29 South Main Street, Suite 305
West Hartford, CT 06107
Telephone: (860) 493-6292
Facsimile: (860) 493-6290
E-mail: rizard@ikrlaw.com
cbarrett@ikrlaw.com
MIDLAND FUNDING: Briefing Schedule Order Entered in Stromberg Suit
------------------------------------------------------------------
In the class action lawsuit captioned as STROMBERG v. MIDLAND
FUNDING LLC, et al., Case No. 2:16-cv-09288 (D.N.J., Filed Dec. 15,
2016), the Hon. Judge Esther Salas entered an order granting
proposed briefing schedule.
However, the parties will not file the papers associated for
Plaintiff's Class Certification Motion until they are fully
briefed, at which time the entire set of motion papers shall be
filed.
Accordingly, the movant shall serve, but not file, all moving
papers on the adversary by June 24, 2024. The opposing party will
serve, but not file, the opposition papers by July 29, 2024. On or
before August 12, 2024, the movant will file all papers in support,
opposition, and in reply, for the motion with the Clerk of Court.
The suit alleges violation of the Fair Debt Collection Act.[CC]
MILLER-DM INC: Ruiz Files Suit in Cal. Super. Ct.
-------------------------------------------------
A class action lawsuit has been filed against Miller-DM, Inc. The
case is styled as Derrick Ruiz, on behalf of all other aggrieved
employees only v. Miller-DM, Inc. doing business as Mercedes Benz
of Beverly Hills, Case No. 24SMCV02173 (Cal. Super. Ct., Los
Angeles Cty., May 9, 2024).
Miller-DM, Inc. doing business as Mercedes Benz of Beverly Hills --
https://www.bhbenz.com/ -- is a Mercedes-Benz dealer in Beverly
Hills, California.[BN]
The Plaintiff is represented by:
Haig B. Kazandjian, Esq.
HAIG B. KAZANDJIAN LAWYERS, APC
801 North Brand Boulevard, Suite 970
Glendale, CA 91203
Phone: 1-818-696-2306
Fax: 1-818-696-2307
Email: haig@hbklawyers.com
MULTIPLAN INC: Faces Live Well Class Suit Over Trade Conspiracy
---------------------------------------------------------------
LIVE WELL CHIROPRACTIC PLLC, individually and on behalf of all
others similarly situated v. MULTIPLAN, INC., MULTIPLAN CORP., et
al., Case No. 1:24-cv-03680 (N.D. Ill., May 6, 2024) seeks monetary
and injunctive relief on behalf of itself and all other Class
members under Section 4 of the Clayton Antitrust Act for
Defendants' conduct in violation of Section 1 of the Sherman Act.
Beginning no later than July 1, 2017, the Defendants formed and
engaged in a continuing contract, combination, or conspiracy to
unreasonably restrain interstate trade and commerce in violation of
Section 1 of the Sherman Antitrust Act. The contract, combination,
or conspiracy has consisted of a continuing agreement among the
Defendants to knowingly and collectively use MultiPlan's repricing
tool to set reimbursement rates for out-of-network healthcare
services. This conspiracy has caused the Plaintiff and members of
the Class to receive artificially suppressed reimbursements for
out-of-network healthcare services during the Class Period.
Furthermore, the contract, combination, or conspiracy has taken the
form of a horizontal conspiracy between competitors, the Insurer
Defendants, and a potential competitor, MultiPlan, in the
commercial health insurance market in the United States, says the
suit.
As a direct and proximate result of Defendants' past and continuing
violation of Section 1 of the Sherman Antitrust Act, the Plaintiff
has been injured in its business and property and will continue to
be injured in its business and property by receiving reimbursements
for out-of-network healthcare services claims that are lower than
what they would have received absent Defendants' conspiracy.
The Plaintiff brings this action on behalf of itself individually
and on behalf of a plaintiff class, pursuant to Rule 23 of the
Federal Rules of Civil Procedure, consisting of all individuals or
entities who have received reimbursement from one or more of
Defendants or Co-Conspirators, or a division, subsidiary,
predecessor, agent, or affiliate of such entities, for
out-of-network healthcare services from at least July 1, 2017 until
present or when Defendants' unlawful misconduct and anticompetitive
effects cease.
The Defendants include VIANT, INC., VIANT PAYMENT SYSTEMS, INC.,
NATIONAL CARE NETWORK, LP, NATIONAL CARE NETWORK, LLC, UNITEDHEALTH
GROUP, INC., AETNA, INC., ELEVANCE HEALTH, INC., CENTENE CORP.,
CIGNA GROUP, HEALTH CARE SERVICE CORP., HUMANA INC., KAISER
PERMANENTE LLC, BLUE SHIELD OF CALIFORNIA, INC., BLUE CROSS AND
BLUE SHIELD OF FLORIDA, INC., BLUE CROSS BLUE SHIELD OF MICHIGAN
MUTUAL INSURANCE CO., and HEALTH ALLIANCE MEDICAL PLANS, INC.
Live Well provides out-of-network healthcare services at its
locations and has had out-of-network claims repriced by one of more
Defendants during the Class Period, including within the four years
preceding the filing of this Complaint.
MultiPlan is a provider of healthcare data and analytics products
and services.[BN]
The Plaintiff is represented by:
Brian D. Clark, Esq.
David W. Asp, Esq.
R. David Hahn, Esq.
Derek Waller, Esq.
Stephen J. Teti, Esq.
Kristie A. LaSalle, Esq.
Kyle J. Pozan, Esq.
LOCKRIDGE GRINDAL NAUEN PLLP
100 Washington Ave. S, Suite 2200
Minneapolis, MN 55401
Telephone: (612) 339-6900
E-mail: bdclark@locklaw.com
dwasp@locklaw.com
rdhahn@locklaw.com
dcwaller@locklaw.com
sjteti@locklaw.com
kalasalle@locklaw.com
kjpozan@locklaw.com
MV TRANSPORTATION: Faces Harwig Suit Over BIPA Violations
---------------------------------------------------------
Robert Harwig, Individually, and on behalf of all others similarly
situated, Plaintiff v. MV Transportation, Inc., Defendant, Case No.
1:24-cv-03557 (N.D. Ill., May 1, 2024) seeks to redress and curtail
Defendant's unlawful collections, obtainments, use, storage, and
disclosure of Plaintiff's sensitive and proprietary biometric
identifiers and/or biometric information in violation of the
Illinois Biometric Information Privacy Act.
Among other things, Defendant had no written policy that was made
available to the public and that established a retention schedule
and guidelines for permanently destroying biometric information.
Additionally, Defendant never informed Plaintiff that it was
collecting or storing his biometric information.
Headquartered in Texas, MV Transportation LLC is a provider of
paratransit services and a privately-owned passenger transportation
contracting firm operating in Chicago, IL. [BN]
The Plaintiff is represented by:
Michael L. Fradin, Esq.
8401 Crawford Ave. Suite 104
Skokie, IL 60076
Telephone: (847) 986-5889
Facsimile: (847) 673-1228
E-mail: mike@fradinlaw.com
- and -
James L. Simon, Esq.
SIMON LAW CO.
11 1/2 N. Franklin Street
Chagrin Falls, OH 44022
Telephone: (216) 816-8696
E-mail: james@simonsayspay.com
NATIONAL ADVISORS: Fails to Secure Consumers' Info, Langer Alleges
------------------------------------------------------------------
ALEX LANGER, on behalf of himself and all others similarly situated
v. NATIONAL ADVISORS HOLDINGS, INC., Case No. 4:24-cv-00330-SRB
(W.D. Mo., May 6, 2024) sues the Defendant for its failure to
properly secure and safeguard sensitive information of the
consumers that were compromised in the Data Breach.
On Feb. 2, 2024, the Defendant began sending the Plaintiff and
other Data Breach victims a Notice of Data Breach letter. Omitted
from the Notice Letter were the identity of the cybercriminals who
perpetrated this Data Breach, the dates of the Data Breach, the
details of the root cause of the Data Breach, the vulnerabilities
exploited, and the remedial measures undertaken to ensure such a
breach does not occur again.
As a result of the Data Breach, the Plaintiff and 14,000 Class
Members, suffered concrete injuries including invasion of privacy;
theft of their PII; lost or diminished value of PII; lost time and
opportunity costs associated with attempting to mitigate the actual
consequences of the Data Breach; lost opportunity costs associated
with attempting to mitigate the actual consequences of the Data
Breach; statutory damages; nominal damages; and the continued and
certainly increased risk to their PII, the lawsuit asserts.
The Plaintiff and Class Members must now and in the future closely
monitor their financial accounts to guard against identity theft.
The Plaintiff and Class Members may also incur out of pocket costs,
e.g., for purchasing credit monitoring services, credit freezes,
credit reports, or other protective measures to deter and detect
identity theft, the lawsuit adds.
The Defendant is an independent trust company.[BN]
The Plaintiff is represented by:
John F. Garvey, Esq.
Colleen Garvey, Esq.
Ellen Thomas, Esq.
STRANCH JENNINGS & GARVEY, PLLC
701 Market Street, Ste. 1510
St. Louis, MO 63101
Telephone: (314) 390-6750
Facsimile: (615) 255-5419
E-mail: jgarvey@stranchlaw.com
cgarvey@stranchlaw.com
ethomas@stranchlaw.com
- and -
David K. Lietz, Esq.
MILBERG COLEMAN BRYSON
PHILLIPS GROSSMAN, PLLC
5335 Wisconsin Avenue NW
Washington, DC 20015-2052
Telephone: (866) 252-0878
Facsimile: (202) 686-2877
E-mail: dlietz@milberg.com
NATIONAL EXEMPTION: Faces Hernandez Suit Over Collection Letter
---------------------------------------------------------------
ANDRES HERNANDEZ, individually and on behalf of all those similarly
situated V. NATIONAL EXEMPTION SERVICE, LLC, Case No.
CACE-24-006293 (Fla. Cir., May 6, 2024) alleges that the Defendant
sent an electronic communication to the Plaintiff in connection
with the collection of the Consumer Debt between the hours of 9:00
PM and 8:00 AM in the time zone of Plaintiff, in violation of the
Florida Consumer Collection Practices Act.
On Feb. 29, 2024, the Defendant sent the Plaintiff an electronic
mail communication in connection with the collection of the
Consumer Debt. The Communication was sent from
customerservice@submeter.com and delivered to the Plaintiff' s
personal e-mail address. The Communication was received by the
Plaintiff from the Defendant at 9:03 PM in Plaintiff's time zone.
The Defendant did not have the consent of the Plaintiff to
communicate with Plaintiff between the hours of 9:00 PM and 8.00
AM, the suit contends.
The "Class" that Plaintiff seeks to represent is the defined as
"FCCPA Class" consisting of:
"[l] all persons with Florida addresses [2] that the Defendant
or someone on the Defendant's behalf [3] sent an electronic
mail communication to [4] between 9:00 PM and 8:00 AM [5] in
connection with the collection of a consumer debt."
The Defendant and its employees or agents are excluded from
the Class.
The Plaintiff is a citizen of the State of Florida, residing in
Broward County, Florida.
National provides utility management solutions to the real estate
industry.[BN]
The Plaintiff is represented by:
Jibrael S. Hindi, Esq.
Jennifer G. Simil, Esq.
Zane C. Hedaya, Esq.
Gerald D. Lane, Jr., Esq.
THE LAW OFFICES OFJIBRAEL S. HINDI
110 SE 6th Street,Suite 1744
Fort Lauderdale, FL 33301
Telephone: (954) 907-1136
E-mail: jibrael@jibraellaw.com
jen@jibraellaw.com
zane@jibraellaw.com
gerald@jibraellaw.com
NEW YORK COMMUNITY: Dindoffer Sues Over SEC Misleading Statements
------------------------------------------------------------------
Kris Allen Dindoffer, individually and on behalf of all others
similarly situated, Plaintiff v. NEW YORK COMMUNITY BANCORP, INC.,
THOMAS R. CANGEMI, JOHN J. PINTO, ROBERT WANN, ALESSANDRO P.
DINELLO, DOMINICK CIAMPA, HANIF W. DAHYA, LESLIE D. DUNN, MARSHALL
J. LUX, JAMES J. O'DONOVAN, LAWRENCE ROSANO, JR., RONALD A.
ROSENFELD, DAVID TREADWELL, and LAWRENCE J. SAVARESE, Defendants,
Case No. 154076/2024 (N.Y. Sup., New York Cty., May 1, 2024),
accuses the Defendants of violating the Securities Act of 1933.
Plaintiff Dindoffer brings this securities class action on behalf
of all persons who acquired New York Community Bancorp, Inc. common
stock in exchange for Flagstar securities pursuant to the S-4
registration statement, 424B3 prospectus, and materials issued in
connection with the December 2022 transaction through which NYCB
acquired and merged with Flagstar.
The Plaintiff alleges that the offering materials issued to pitch
the merger were materially false and misleading and omitted
material facts both required by governing Securities and Exchange
Commission regulations and necessary to make the statements made
not misleading. Among other things, the offering materials
misrepresented and omitted material facts undermining the
effectiveness of NYCB's internal controls over financial reporting,
says the Plaintiff.
Headquartered in New York, NYCB is a bank holding company
incorporated under Delaware law. [BN]
The Plaintiff is represented by:
Thomas L. Laughlin, IV, Esq.
Jonathan M. Zimmerman, Esq.
SCOTT + SCOTT
The Helmsley Building
230 Park Avenue, 17th Floor
New York, NY 10169
Telephone: (212) 223-6444
Facsimile: (212) 223-6334
E-mail: tlaughlin@scott-scott.com
jzimmerman@scott-scott.com
- and -
David W. Hall, Esq.
Armen Zohrabian, Esq.
THE HALL FIRM, LTD.
Four Embarcadero Center, Suite 1400
San Francisco, CA 94104
Telephone: (415) 766-3534
Facsimile: (415) 402-0058
E-mail: dhall@hallfirmltd.com
azohrabian@hallfirmltd.com
- and -
Brian J. Schall, Esq.
THE SCHALL LAW FIRM
2049 Century Park East, Suite 2460
Los Angeles, CA 9006
Telephone: (310) 301-3335
Facsimile: (310) 388-0192
E-mail: Brian@schallfirm.com
NINE ENERGY: Fails to Pay Proper Wages, Calk Alleges
----------------------------------------------------
JONATHAN CALK, individually and on behalf of all others similarly
situated, Plaintiff v. NINE ENERGY SERVICE LLC, Defendants, Case
No. 2:24-cv-00293-JRG (E.D. tex., April 30, 2024) seeks to recover
from the Defendant unpaid wages and overtime compensation,
interest, liquidated damages, attorneys' fees, and costs under the
Fair Labor Standards Act.
Plaintiff Calk was employed by the Defendant as a field operator.
NINE ENERGY SERVICE LLC provides oil-field services. The Company
offers on-shore completion and production services.[BN]
The Plaintiff is represented by:
William S. Hommel, Jr.
Hommel Law Firm PC
5620 Old Bullard Road, Suite 115
Tyler, TX 75703
Telephone/Facsimile: (903) 596-7100
Email: bhommel@hommelfirm.com
OCTAPHARMA PLASMA: Eaves Sues Over Massive Data Breach
------------------------------------------------------
SARABETH EAVES and BONNIE EAVES, individually and on behalf of all
others similarly situated, Plaintiffs v. OCTAPHARMA PLASMA, INC.,
Defendant, Case No. 3:24-cv-00439 (W.D.N.C., April 30, 2024) arises
out of the recent targeted cyberattack and data breach that
occurred on April 17, 2024, which affected Octapharma's
inadequately protected computer systems and/or network, and which
did result in the unauthorized access to Plaintiffs’ and many
other individuals' sensitive and private information.
The Plaintiffs assert claims for negligence, negligence per se,
breach of fiduciary duty, breach of implied contract, unjust
enrichment, and for violations of the Health Insurance Portability
and Accountability Act and Section 5 of the Federal Trade
Commission Act. The Plaintiffs claim that the Defendant breached
its duties by, among other things, failing to implement and
maintain reasonable security procedures and practices to protect
its patients' sensitive and private information from unauthorized
access and disclosure.
Headquartered in Charlotte, NC, Octapharma Plasma, Inc. is a global
healthcare and pharmaceutical entity that develops and produces
medicines based on the collection of human plasma. [BN]
The Plaintiffs are represented by:
Jean S. Martin, Esq.
MORGAN & MORGAN COMPLEX LITIGATION GROUP
201 N. Franklin Street, 7th Floor
Tampa, FL 33602
Telephone: (813) 223-5505
Facsimile: (813) 223-5402
E-mail: jeanmartin@forthepeople.com
- and -
Steven A. Schwartz, Esq.
Beena M. McDonald, Esq.
Alex M. Kashurba, Esq.
Marissa N. Pembroke, Esq.
CHIMICLES SCHWARTZ KRINER & DONALDSON-SMITH LLP
One Haverford Centre
361 Lancaster Avenue
Haverford, PA 19041
Telephone: (610) 642-8500
E-mail: steveschwartz@chimicles.com
bmm@chimicles.com
amk@chimicles.com
mnp@chimicles.com
OCTAPHARMA PLASMA: Fails Prevent Data Breach, Bakers Suit Alleges
-----------------------------------------------------------------
ANDREW BAKER, individually and on behalf of all others similarly
situated, Plaintiff v. OCTAPHARMA PLASMA, INC., Defendant, Case
No.197194602 (Fla. Cir., Osceola Cty., April 29, 2024) alleges that
the Defendant failed to properly secure and safeguard the Plaintiff
and the Class personally identifiable health information.
According to the complaint, on April 17, 2024, an intruder gained
entry to the Defendant's database, accessed Plaintiff's and the
Class members' PHI, and exfiltrated information from Defendant's
systems (the "Data Breach Incident"). Defendant has yet to provide
notice to Plaintiff and the Class members, and has instead posted
an "announcement" on its website that it is experiencing "network
issues".
The Defendant disregarded the rights of Plaintiff and the Class
members by intentionally, willfully, recklessly, or negligently
failing to take and implement adequate and reasonable measures to
ensure their PHI was safeguarded, failing to take available steps
to prevent an unauthorized disclosure of data, and failing to
follow applicable, required and appropriate protocols, policies and
procedures regarding the encryption of data, even for internal
use.
As a result, the PHI of Plaintiff and Class Members was compromised
through access to and exfiltration by an unknown and unauthorized
third party, says the suit.
OCTAPHARMA PLASMA, INC. is a U.S.-based company that collects,
tests, and supplies human blood plasma used in the creation of
medicines that treat millions of patients each year. [BN]
The Plaintiff is represented by:
Manuel S. Hiraldo, Esq.
HIRALDO P.A.
401 E. Las Olas Boulevard Suite 1400
Ft. Lauderdale, FL 33301
Telephone: (954) 400-4713
Email: mhiraldo@hiraldolaw.com
- and -
Jibrael S. Hindi, Esq.
THE LAW OFFICES OF JIBRAEL S. HINDI
110 SE 6th Street Suite 1744
Ft. Lauderdale, FL 33301
Tel: (954) 907-1136
OFFICIALMERCHANDISE.COM LLC: Sued Over Blind-Inaccessible Website
-----------------------------------------------------------------
SANJAY SOOKUL, on behalf of himself and all others similarly
situated, Plaintiff v. OFFICIALMERCHANDISE.COM LLC, Defendant, Case
No. 1:24-cv-03303 (S.D.N.Y., April 30, 2024) is a class action
against the Defendant for violations of Title III of the Americans
with Disabilities Act, the New York State Human Rights Law, the New
York State Civil Rights Law, and the New York City Human Rights
Law.
According to the complaint, the Defendant has failed to design,
construct, maintain, and operate its website to be fully accessible
to and independently usable by the Plaintiff and other blind or
visually impaired persons. The Defendant's website,
https://www.rockmerch.com/, contains access barriers which hinder
the Plaintiff and Class members to enjoy the benefits of its online
goods, content, and services offered to the public through the
website. The accessibility issues on the website include, but not
limited to: some buttons lack descriptive texts/labels, incorrect
announcement by screen reader, insufficient keyboard focus
indicator, some tables lack a defined caption/summary, the
inability to skip to the main content via a link, elements are not
programmatically written correctly, the denial of keyboard access
for some interactive elements, buttons lack programmatically
defined names and roles, the lack of correct color contrast
requirements, and the requirement that transactions be performed
solely with a mouse, says the suit.
The Plaintiff and Class members seek permanent injunction to cause
a change in the Defendant's corporate policies, practices, and
procedures so that the Defendant's website will become and remain
accessible to blind and visually impaired individuals.
OfficialMerchandise.com LLC is a company that sells online goods
and services, doing business in New York. [BN]
The Plaintiff is represented by:
Kimmia Salehi, Esq.
MARS KHAIMOV LAW, PLLC
100 Duffy Avenue, Suite 510
Hicksville, NY 11801
Telephone: (404) 452-0779
Facsimile: (929) 333-7774
Email: kimmia@khaimovlaw.com
ONE & ONLY: Online Store Inaccessible to Blind Users, Sookul Claims
-------------------------------------------------------------------
SANJAY SOOKUL, on behalf of himself and all others similarly
situated, Plaintiff v. ONE & ONLY COLLECTIVE INC., Defendant, Case
No. 1:24-cv-03296 (S.D.N.Y., April 30, 2024) is a class action
against the Defendant for violations of Title III of the Americans
with Disabilities Act, the New York State Human Rights Law, the New
York State Civil Rights Law, and the New York City Human Rights
Law.
According to the complaint, the Defendant has failed to design,
construct, maintain, and operate its website to be fully accessible
to and independently usable by the Plaintiff and other blind or
visually impaired persons. The Defendant's website,
https://www.selfieleslie.com/, contains access barriers which
hinder the Plaintiff and Class members to enjoy the benefits of its
online goods, content, and services offered to the public through
the website. The accessibility issues on the website include, but
not limited to: interactive elements are not programmatically
written correctly, visually appearing texts are not marked as
headings, menus expand automatically upon receiving keyboard focus,
the denial of keyboard access for some interactive elements, the
inability to close some interactive controls via 'Esc' key,
inadequate screen reader announcements, interactive controls lack
accessible names, graphic images that function as links lack
alternative text, insufficient keyboard focus indicators, roles are
not defined for some interactive controls, the lack of correct
color contrast requirements, and the requirement that transactions
be performed solely with a mouse, says the suit.
The Plaintiff and Class members seek permanent injunction to cause
a change in the Defendant's corporate policies, practices, and
procedures so that the Defendant's website will become and remain
accessible to blind and visually impaired individuals.
One & Only Collective Inc. is a company that sells online goods and
services, doing business in New York. [BN]
The Plaintiff is represented by:
Kimmia Salehi, Esq.
MARS KHAIMOV LAW, PLLC
100 Duffy Avenue, Suite 510
Hicksville, NY 11801
Telephone: (404) 452-0779
Facsimile: (929) 333-7774
Email: kimmia@khaimovlaw.com
PANCHO VILLA'S: Meraz Files TCPA Suit in S.D. California
--------------------------------------------------------
A class action lawsuit has been filed against Pancho Villa's Inc.
The case is styled as Graciela Meraz, on behalf of herself and all
those similarly situated v. Pancho Villa's Inc. doing business as:
Pancho Villa Farmer's Market; Invisipon, Inc. doing business as:
Sale-Fish.com; Case No. 3:24-cv-00822-MMA-VET (S.D. Cal., May 9,
2024).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Pancho Villa's, Inc. -- https://www.panchovillamex.com/ -- owns and
operates supermarket. The Company offers meat, grocery, deli, hot,
and packaged food products.[BN]
The Plaintiff is represented by:
Abbas Kazerounian, Esq.
KAZEROUNI LAW GROUP APC
245 Fischer Avenue Suite D1
Costa Mesa, CA 92626
Phone: (800) 400-6808
Fax: (800) 520-5523
Email: ak@kazlg.com
- and -
Ahren A. Tiller, Esq.
BLC LAW CENTER, APC
1230 Columbia Street, Suite 1100
San Diego, CA 92101
Phone: (619) 894-8831
Fax: (866) 444-7026
Email: ahren.tiller@blc-sd.com
PANDA RESTAURANT: Faces Flessas Suit Over Alleged Data Breach
-------------------------------------------------------------
EMILY FLESSAS, on behalf of herself individually and on behalf of
all others similarly situated v. PANDA RESTAURANT GROUP, INC., Case
No. 2:24-cv-03867 (C.D. Cal., May 9, 2024) accuses the Defendant of
failing to adequately protect Plaintiff's and Class members'
sensitive information, resulting in a data breach.
As current and former employees of Defendant, Plaintiff and Class
members entrusted their personally identifiable information (PII)
to Defendant in order to obtain certain employment benefits.
However, such sensitive data was compromised in a data breach that
allegedly came as a result of Defendant's failure to properly
secure and safeguard its employees' highly sensitive information.
The Plaintiff brings claims for negligence, breach of implied
contract, unjust enrichment, and violation of the California Unfair
Competition Law.
Based in Rosemead, CA,Panda Restaurant Group, Inc. owns and
operates restaurants. [BN]
The Plaintiff is represented by:
John J. Nelson, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
280 S. Beverly Drive
Beverly Hills, CA 90212
Telephone: (858) 209-6941
Facsimile: (310) 566-9886
E-mail: jnelson@milberg.com
PAUL MARCIANO: Faces Class Suit Over Breaches of Fiduciary Duties
-----------------------------------------------------------------
EMPLOYEES' RETIREMENT SYSTEM OF RHODE ISLAND, on behalf of itself
and similarly situated stockholders of GUESS?, INC. v. PAUL
MARCIANO, MAURICE MARCIANO, ALEX YEMENIDJIAN, CARLOS ALBERINI,
THOMAS J. BARRACK, JR., CYNTHIA LIVINGSTON, ANTHONY CHIDONI, and
DEBORAH WEINSWIG, Case No. 2024-0489 (Del. Ch., May 8, 2024) is a
verified class action complaint against the Defendants, arising
from a covert attempt to strip the Company's public stockholders of
their contractual right to equal treatment, including in connection
with a merger or sale of Guess.
For years, the Company's Restated Certificate of Incorporation has
contained a clear contractual prohibition on the Marciano Brothers
(or any other Company stockholders) receiving disparate
consideration for their Guess common stock, including in connection
with a merger or sale of the Company.
Now, with news reports that the Marciano Brothers may be looking to
take the Company private, the Board has approved a proposed charter
amendment that will eliminate the Equal Treatment Provision.
Despite the substantial benefit flowing to the Company's
controlling stockholders (i.e., the Marciano Brothers) as a result
of the Charter Amendment, the Company's public stockholders are not
receiving any consideration, the Plaintiff alleges.
Moreover, in connection with soliciting stockholder support for the
amendment at the rapidly approaching 2024 annual meeting of
stockholders, the Guess board of directors is actively misleading
stockholders regarding the true nature of the Charter Amendment,
the Plaintiff adds.
The Marcianos further solidified their control over the Company by
stocking the Board with long-time associates that would not
challenge their whims.
As a direct and proximate result of the Marciano Brothers' breaches
of fiduciary duty, the Class has sustained significant harm. The
Plaintiff files this Action to compel the Board to correct its
disclosures regarding the Charter Amendment and allow public
stockholders to cast a fully-informed vote on whether to surrender
their contractual right to equal treatment for no consideration.
The Plaintiff has been a beneficial owner of Guess common stock.
Paul Marciano is one of Guess's founders.[BN]
The Plaintiff is represented by:
Ned Weinberger, Esq.
Mark Richardson, Esq.
Carol Villegas, Esq.
John Vielandi, Esq.
LABATON KELLER SUCHAROW LLP
222 Delaware Avenue, Suite 1510
Wilmington, DE 19801
Telephone: (302) 573-2540
E-mail: nweinberger@labaton.com
mrichardson@labaton.com
- and -
Jeremy S. Friedman, Esq.
David F.E. Tejtel, Esq.
FRIEDMAN OSTER & TEJTEL PLLC
493 Bedford Center Road, Suite 2D
Bedford Hills, NY 10507
Telephone: (888) 529-1108
PERRY JOHNSON: Valencia Suit Removed to C.D. California
-------------------------------------------------------
The case styled as Robert Valencia, individually and on behalf of
all others similarly situated v. Perry Johnson and Associates,
Inc., Concentra Primary Care of California, Concentra Health
Services, Inc., Does 1-100, Inclusive, Case No. 24STCV08691 was
removed from the Los Angeles County Superior Court, to the U.S.
District Court for the Central District of California on May 9,
2024.
The District Court Clerk assigned Case No. 2:24-cv-03909-PA-E to
the proceeding.
The nature of suit is stated as Other P.I. for Personal Injury.
Perry Johnson & Associates, Inc. -- https://www.pjats.com/ --
provides health information technology solutions. The Company
offers medical transcription, coding, billing, recording, digital
dictation system, and court reporting services.[BN]
The Plaintiff is represented by:
Belal Ghaleb Hamideh, Esq.
BELAL HAMIDEH LAW PC
111 West Ocean Boulevard Suite 424
Long Beach, CA 90802
Phone: (562) 276-2140
Fax: (562) 309-8100
Email: bh@belalhamidehlaw.com
- and -
Mohamad Saleh Ahmad, Esq.
KERMANI LLP
2719 Wilshire Boulevard Suite 250
Santa Monica, CA 90403
Phone: (424) 253-4254
Fax: (888) 457-7366
Email: ma@kermanillp.com
The Defendant is represented by:
Michael J. Duvall, Esq.
Dentons US LLP
601 S. Figueroa Street, Ste. 2500
Los Angeles, CA 90017
Phone: (213) 892-2818
Email: michael.duvall@dentons.com
PHH MORTGAGE: Polcare Sues Over Final Letters With False Ultimatums
-------------------------------------------------------------------
MICHAEL J. POLCARE, on behalf of himself and all others similarly
situated v. PHH MORTGAGE CORPORATION d/b/a PHH MORTGAGE SERVICES,
Case No. 1:24-cv-00639-LEK-DJS (N.D.N.Y., May 8, 2024) is a
consumer protection action brought by the Plaintiff and others
similarly situated to obtain redress from PHH's systematic use of
unlawful and unfair debt collection practices to collect upon
residential consumer mortgage loans, under the Fair Debt Collection
Practices Act.
Specifically, PHH sent borrowers form letters alleging that the
borrowers are in default of their mortgages and that the failure to
immediately make a full and complete payment of all arrearages will
result in acceleration of their loan. However, the false ultimatum
contained in the Final Letter contradicts PHH's actual policies
regarding acceleration and foreclosure. The Final Letter sent by
PHH to the Plaintiff and others similarly situated is a false and
misleading threat of acceleration and foreclosure designed to
intimidate borrowers into making payments to PHH that are beyond
their means and beyond what is necessary to avoid acceleration and
save their homes from foreclosure, the Plaintiff claims.
As a result, the Plaintiff and putative Class members have
experienced anxiety, stress, anger, frustration, and mental anguish
which is fairly traceable to their receipt of Final Letters
containing the false ultimatums which caused informational harms,
violated substantive rights to be free from unfair and abusive debt
collection communications, and misled Plaintiff and putative Class
members with regard to the amount of money that had to be paid and
when it needed to be paid to save their homes from acceleration
and/or foreclosure, the Plaintiff asserts.
The Plaintiff is an owner and resident of a home located in
Saratoga Springs, NY.
PHH services mortgages for residential housing loans owned, backed,
or controlled by the Federal National Mortgage Association.[BN]
The Plaintiff is represented by:
Randi A. Kassan, Esq.
Scott C. Harris, Esq.
MILBERG COLEMAN BRYSON PHILLIPS
GROSSMAN, PLLC
100 Garden City Plaza, Suite 500
Garden City, NY 11530
Telephone: (516) 741-5600
E-mail: rkassan@milberg.com
sharris@milberg.com
- and -
Edward H. Maginnis, Esq.
MAGINNIS LAW, PLLC
4801 Glenwood Avenue, Suite 310
Raleigh, NC 27612
Telephone: (919) 526-0450
Facsimile: (919) 882-8763
E-mail: emaginnis@maginnislaw.com
PHILADELPHIA INQUIRER: Hassell Sues Over Unprotected Personal Info
------------------------------------------------------------------
STEVEN HASSELL, on behalf of himself and all others similarly
situated v. THE PHILADELPHIA INQUIRER, LLC; and THE LENFEST
INSTITUTE FOR JOURNALISM, LLC, Case No. 240500800 (Philly. Com.
Pleas, May 6, 2024) sues the Defendant for their failure to
properly secure and safeguard the Plaintiff's and Class Members'
sensitive personally identifying information, including full names,
Social Security numbers, financial account information, and medical
information, which as a result, is now in criminal cyberthieves'
possession.
In May 2023, the Defendants learned that an unauthorized hacker had
gained access to their computer network systems. Upon
investigating, the Defendants concluded that in April 2024 the
Plaintiff's and Class Members' PII was compromised. Despite that
Defendants knew of the Data Breach by May 2023, they waited nearly
a full year before notifying the Plaintiff and Class Members their
sensitive PII was exposed, the suit claims.
The harm resulting from a data breach manifests in numerous ways
including identity theft and financial fraud, and the exposure of
an individual's PII due to a data breach ensures that the
individual will be at a substantially increased and certainly
impending risk of identity theft crimes compared to the rest of the
population, potentially for the rest of his or his life. Mitigating
that risk, to the extent it is even possible to do so, requires
individuals to devote significant time and money to closely monitor
their credit, financial accounts, and email accounts, and take
several additional prophylactic measure. The Data Breach has caused
the Plaintiff to suffer fear, anxiety, and stress, which has been
compounded by the fact that the Defendants have still not fully
informed him of key details about the Data Breach's occurrence or
the information stole, alleges the suit.
The Plaintiff and Class Members are current and former employees of
the Defendants, their family members, and certain current and
former subscribers to the Defendants' publications.
Philadelphia owns and publish The Philadelphia Inquirer daily
newspaper and its online counterpart Inquirer.com.[BN]
The Plaintiff is represented by:
Kopelowitz Ostrow, Esq.
Ferguson Weiselberg Gilbert, Esq.
Kenneth J. Grunfeld, Esq.
JEFF OSTROW, ESQUIRE
65 Overhill Road
Bala Cynwyd, PA 19004
Telephone: (954) 525-4100
E-mail: grunfeld@kolawyers.com
ostrow@kolawyers.com
PIZZERIA OF ISLIP: Fails to Pay Cooks' OT Wages Under FLSA, NYLL
----------------------------------------------------------------
SANTOS ORTEGA, on behalf of himself and all other persons similarly
situated v. THE PIZZERIA OF ISLIP LLC, PAUL SACCOCCIO, CLIFFORD
WEINSTEIN, and DANIEL SACCOCCIO, Case No. 2:24-cv-03392 (E.D.N.Y.,
May 8, 2024) seeks to recover unpaid overtime wages in violation of
the Fair Labor Standards Act and the New York Labor Law.
The Plaintiff performed non-exempt work for the Defendants, and
regularly worked more than 40 hours in a work week. However, the
Defendants failed to pay the Plaintiff overtime for hours worked
after 40 hours per week at the rate of one and one-half times
Plaintiff's regular rate of pay, the suit says.
The Defendants also failed to pay the Plaintiff spread-of-hours pay
for each day in which their spread of hours exceeded 10 hours in
violation of N.Y. Comp. Codes R. & Regs. 12 section 146-1.6, the
suit adds.
The Plaintiff was employed by Defendants as a cook at The Pizzeria
in Islip from May 2021 to Sept. 24, 2023.
Pizzeria is engaged in the restaurant business.[BN]
The Plaintiff is represented by:
Peter A. Romero, Esq.
ROMERO LAW GROUP PLLC
490 Wheeler Road, Suite 277
Hauppauge, NY 11788
Telephone: (631) 257-5588
E-mail: promero@romerolawny.com
RABOT LLC: Sookul Sues Over Blind Users' Equal Access to Website
----------------------------------------------------------------
SANJAY SOOKUL, on behalf of himself and all others similarly
situated, Plaintiff v. RABOT LLC, Defendant, Case No. 1:24-cv-03311
(S.D.N.Y., April 30, 2024) is a class action against the Defendant
for violations of Title III of the Americans with Disabilities Act,
the New York State Human Rights Law, the New York State Civil
Rights Law, and the New York City Human Rights Law.
According to the complaint, the Defendant has failed to design,
construct, maintain, and operate its website to be fully accessible
to and independently usable by the Plaintiff and other blind or
visually impaired persons. The Defendant's website, Shoprabot.com,
contains access barriers which hinder the Plaintiff and Class
members to enjoy the benefits of its online goods, content, and
services offered to the public through the website. The
accessibility issues on the website include, but not limited to:
incorrect role announcement, buttons lack labels or alternative
text, incorrect list used for header elements, lack of role and
state announcement for interactive elements, screen reader focus
moves to the background without prompting, incorrect focus order,
insufficient keyboard focus indicator, links are not properly
tagged in lists, the denial of keyboard access for some interactive
elements, insufficient screen reader announcements, the lack of
correct color contrast require, and the requirement that
transactions be performed solely with a mouse.
The Plaintiff and Class members seek permanent injunction to cause
a change in the Defendant's corporate policies, practices, and
procedures so that the Defendant's website will become and remain
accessible to blind and visually impaired individuals.
Rabot LLC is a company that sells online goods and services, doing
business in New York. [BN]
The Plaintiff is represented by:
Kimmia Salehi, Esq.
MARS KHAIMOV LAW, PLLC
100 Duffy Avenue, Suite 510
Hicksville, NY 11801
Telephone: (404) 452-0779
Facsimile: (929) 333-7774
Email: kimmia@khaimovlaw.com
RECOVER-CARE HEALTHCARE: Fails to Pay Minimum, OT Wages Under FLSA
------------------------------------------------------------------
MICHELLE VASQUEZ, MELISSA SIMS, and ALICIA THOMPSON, on behalf of
themselves individually and all other similarly situated employees
v. RECOVER-CARE HEALTHCARE, LLC, RECOVER-CARE SHAWNEE, LLC, and
RECOVER-CARE PINNACLE PARK, LLC, Case No. 2:24-cv-02183 (D. Kan.,
May 1, 2024) seeks to recover unpaid wages that RCH owes its hourly
Employees, pursuant to the Fair Labor Standards Act and the Kansas
Wage Payment Act.
The Plaintiffs allege that the Defendants utilizes a rounding
policy that, in the aggregate, undercounts its hourly employees'
worked time, and further, automatically deducts a 30-minute meal
period from those same employees' pay when no such break has been
taken or provided.
Additionally, the Defendant does not include the amount of
non-discretionary bonus or shift differential pay in the formula
that it uses to calculate an employee's overtime rate for a
particular workweek.
Plaintiff Vasquez worked as a Certified Nursing Assistant with
Recover-Care Heartland's facility in Shawnee, Kansas, from March
21, 2018, to Feb. 28, 2024. She brings an individual claim in
connection with Recover-Care Heartland's termination of her
employment, which she claims was in violation of the FLSA's
anti-retaliation protections.
Plaintiff Sims worked as a Certified Nursing Assistant with
Recover-Care Heartland's facility in Shawnee, Kansas, since March
28, 2022.
Plaintiff Thompson as a Certified Nursing Assistant and
Transportation Driver with Recover-Care Heartland's facility in
Salina, Kansas, from June 8, 2019, to May 19, 2022.
RCH owns and operates approximately twenty-three skilled nursing
facilities across Kansas under the name "Recover-Care
Heartland."[BN]
The Plaintiffs are represented by:
Brad K. Thoenen, Esq.
Ethan A. Crockett, Esq.
John J. Ziegelmeyer III, Esq.
Kevin A. Todd, Esq.
HKM EMPLOYMENT ATTORNEYS LLP
1501 Westport Road
Kansas City, MO 64111
Telephone: (816) 875-9339
E-mail: bthoenen@hkm.com
ecrockett@hkm.com
jziegelmeyer@hkm.com
ktodd@hkm.com
RICKITT BENCKISER: Acne Treatment Drug Has Benzene, Nelson Says
---------------------------------------------------------------
KRISTIE NELSON, v. RICKITT BENCKISER, LLC, Case No. 0:24-cv-60782
(S.D. Fla., May 9, 2024) seeks to redress the economic harms caused
by the Defendant's sale of acne treatment drug products containing
benzoyl peroxide ("BPO") without warning consumers that (1) the BPO
in the products is at high risk of degrading, and in fact degrades,
into benzene under normal use, handling, and storage conditions,
and (2) said products contain benzene, which is a well-known human
carcinogen.
Despite the fact that the BPO Products contain high levels of
benzene, the Defendant has never listed benzene among the
ingredients or anywhere on the BPO Products' labels, containers,
advertising or on its websites. The Defendant never even warned
that the BPO Products were at risk of benzene contamination. This
is, of course, unsurprising, as such a disclosure would have
devastated the sales of the Product, the Plaintiff asserts.
As a result of the Defendant's misconduct and consumer deception,
the Plaintiff and Proposed Class have been economically harmed, as
they purchased a product—one containing a deadly human
carcinogen—that they otherwise would never have purchased. The
Plaintiff brings this Class Action on behalf of herself, and on
behalf of those similarly situated, and seeks to represent a Class
of consumers who purchased Defendant's BPO Products in Florida.
Accordingly, the Plaintiff seeks damages, reasonable attorneys'
fees and costs, interest, restitution, other equitable relief,
including an injunction and disgorgement of all benefits and
profits the Defendant received through its misconduct.
Plaintiff Nelson purchased the Defendant's BPO Products in Broward
County, Florida for many years, including within the last year.
The Defendant is in the business of selling skin care products,
including products under the Clearasil brand to treat acne.[BN]
The Plaintiff is represented by:
Matthew S. Mokwa, Esq.
Jason R. Fraxedas, Esq.
THE MAHER LAW FIRM, P.A.
271 W. Canton Ave., Suite 1
Winter Park, FL 32789
Telephone: (407) 839-0866
Facsimile: (407) 425-7958
E-mail: mmokwa@maherlawfirm.com
jrfraxedas@maherlawfirm.com
- and -
Christopher B. Hood, Esq.
HENINGER GARRISON DAVIS, LLC
2224 1st Avenue N
Birmingham, AL 35203
Telephone: (205) 326-3336
Facsimile: (205) 314-5919
E-mail: chood@hgdlawfirm.com
RILEY FINANCIAL: Donaldson Alleges False Registration Statements
----------------------------------------------------------------
TED DONALDSON, Individually and on Behalf of All Others Similarly
Situated v. B. RILEY FINANCIAL, INC., BRYANT R. RILEY, et al., Case
No. 24STCV10992 (Cal. Super., May 1, 2024) is a securities class
action on behalf of all persons who acquired B. Riley Financial,
Inc. Senior Notes pursuant to the shelf registration statement B.
Riley filed with the SEC on Form S-3 dated Jan. 28, 2021, and the
prospectuses filed and published on Aug. 4, 2021 and Dec. 2, 2021.
Since 2018, B. Riley has worked with Brian Kahn, the Chief
Executive Officer of Franchise Group, Inc. ("FRG"), providing
significant funds to FRG, its subsidiaries, and/or other entities
controlled by Kahn. FRG is a holding company which acquires and
manages franchises, including Vitamin Shoppe and Pet Supplies Plus.
Unbeknownst to Plaintiff and others who acquired Senior Notes in
the Offerings, the Registration Statement and prospectuses used to
effectuate the Offerings contained untrue statements of a material
fact or omitted to state a material fact required to be stated
therein or necessary to make the statements therein not misleading.
Specifically, the Offering Documents failed to advise investors
that Kahn and/or one or more of his controlled entities was engaged
in illicit business activities, that B. Riley continued to finance
transactions for Kahn, eventually enabling him and others to take
FRG private, and that the foregoing was reasonably likely to (and
did) draw regulatory scrutiny and reputational harm to B. Riley.
As a result, and in violation of the Securities Act and related
regulations, B. Riley's financial and operational statements
included and/or incorporated in the Offering Documents were false
and misleading. With the benefit of these misrepresentations and
omissions in the Offering Documents, the Defendants were able to
issue Senior Notes at artificially inflated prices. But, when the
truth of the Defendants' misrepresentations and omissions became
known, the price of B. Riley's Senior Notes fell sharply, injuring
the Plaintiff and other members of the Class, says the suit.
The Defendants include PHILLIP J. AHN, HOWARD E. WEITZMAN, THOMAS
J. KELLEHER, ROBERT L. ANTIN, ROBERT D'AGOSTINO, RANDALL PAULSON,
MICHAEL J. SHELDON, MIMI WALTERS, MIKEL H. WILLIAMS, B. RILEY
SECURITIES, INC., JANNEY MONTGOMERY SCOTT LLC, OPPENHEIMER & CO.
INC., LADENBURG THALMANN & CO. INC., WILLIAM BLAIR & COMPANY,
L.L.C., INSPEREX LLC, EF HUTTON (DIVISION OF BENCHMARK INVESTMENTS)
LLC, AEGIS CAPITAL CORP., BOENNING & SCATTERGOOD, INC., BROWNSTONE
INVESTMENT GROUP, LLC, COLLIERS SECURITIES LLC, HUNTINGTON
SECURITIES, INC., MAXIM GROUP LLC, NEWBRIDGE SECURITIES
CORPORATION, and WEDBUSH SECURITIES INC.
Plaintiff Donaldson purchased B. Riley Senior Notes during the
Class Period and suffered damages as a result of the Securities Act
violations and false and/or misleading statements and/or material
omissions.
B. Riley is a financial services platform that, through its
subsidiaries, provides services including investment banking,
brokerage, wealth management, asset management, direct lending,
business advisory, valuation, and asset disposition.[BN]
The Plaintiff is represented by:
John T. Jasnoch, Esq.
Thomas L. Laughlin, IV, Esq.
Jonathan M. Zimmerman, Esq.
SCOTT+SCOTT ATTORNEYS AT LAW LLP
600 W. Broadway, Suite 3300
San Diego, CA 92101
Telephone: (619) 233-4565
Facsimile: (619) 233-0508
E-mail: jjasnoch@scott-scott.com
tlaughlin@scott-scott.com
jzimmerman@scott-scott.com
- and -
Brian J. Schall, Esq.
THE SCHALL LAW FIRM
2049 Century Park East, Suite 2460
Los Angeles, CA 9006
Telephone: (310) 301-3335
Facsimile: (310) 388-0192
E-mail: Brian@schallfirm.com
ROBERT LUNA: Stewart Class Cert Hearing Continued to June 17
------------------------------------------------------------
In the class action lawsuit captioned as KEVIN STEWART et. al, v.
ROBERT G. LUNA et. al, Case No. 2:23-cv-04641-ODW-PD (C.D. Cal.),
the Hon. Judge Otis Wright, II entered an order granting the
stipulation of the parties to continue the hearing date and the
briefing schedule in relation to the Plaintiff's motion for class
certification.
-- The hearing on the motion be continued from June 3, 2024, at
1:30
p.m. to June 17, 2024 at 1:30 p.m., and
-- That the deadline for the Defendants to file their opposition
to
the motion, and for the Plaintiff's Reply be calculated from
the
new hearing date, with the Defendants' opposition now due no
later
than May 27, 2024, and the Plaintiffs' Reply now due no later
than
June 3, 2024.
A copy of the Court's order dated May 13, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=A3SOjS at no extra
charge.[CC]
SHOWS CALI: Calogero Allowed to File Supplemental Memo
------------------------------------------------------
In the class action lawsuit captioned as IRIS CALOGERO, et al., V.
SHOWS, CALI & WALSH, LLP, et al., Case No. 2:18-cv-06709-BWA-EJD
(E.D. La.), the Hon. Judge Barry Ashe entered an order granting the
motion of the Plaintiffs Iris Calogero and Margie Nell Randolph for
leave to file supplemental memorandum in support of renewed motion
for class certification.
Shows, Cali assists with numerous legal challenges, including
Appellate Practice, Bankruptcy and Real Estate issues.
A copy of the Court's order dated May 10, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=vPd3AN at no extra
charge.[CC]
SOUTHERN CALIFORNIA: Olita Sues Over Unlawful Debt Collection
-------------------------------------------------------------
DANA OLITA, individually and on behalf of all those similarly
situated, Plaintiff v. SOUTHERN CALIFORNIA GAS COMPANY, Defendant,
Case No. 24STCV11002 (Cal. Super., Los Angeles Cty., May 1,2024)
alleges that the Defendant violated the the Rosenthal Fair Debt
Collection Practices Act.
Allegedly, the Defendant sent an electronic communication to
Plaintiff in connection with the collection of the consumer debt.
However, the electronic communication was sent to Plaintiff between
the hours of 9:00 PM and 8:00 AM in the Plaintiff's time zone, says
the suit.
Based in Los Angeles, CA, Southern California Gas Company
distributes, transmits, and stores natural gas. [BN]
The Plaintiff is represented by:
Gerald D. Lane Jr., Esq.
THE LAW OFFICES OF JIBRAEL S. HINDI
110 SE 6th Street, Suite 1744
Fort Lauderdale, FL 33301
Telephone: (754) 444-7539
E-mail: gerald@jibraellaw.com
jibrael@jibraellaw.com
ST. CLAIR COUNTY, IL: Miller Bid for Conditional Status Partly OK'd
-------------------------------------------------------------------
In the class action lawsuit captioned as BRADLEY MILLER, KAYLA
KILPATRICK, and BLAKE BUMANN, on behalf of themselves and all
others similarly situated, v. ST. CLAIR COUNTY, Case No.
3:23-cv-02597-JPG (S.D. Ill.), the Hon. Judge J. Phil Gilbert
entered an order:
-- granting in part and denying in part the Plaintiffs' motion to
conditionally certify a collective action under the Fair Labor
Standards Act ("FLSA");
-- conditionally certifying a collective action pursuant to
section
16(b) of the FLSA, 29 U.S.C. section 216(b), to pursue the FLSA
claim in Count I based on the Work Week Policy. The collective
shall consist of the following individuals:
"All full-time, hourly paid Telecommunicators who are or were
employed by the Defendant St. Clair County in its Emergency
Management Agency from May 13, 2021, to the present, who worked
12-hour shifts, and who were only compensated at
one-and-one-half
times their regular rate of pay for work performed in excess
of 80 hours in a 14-day pay period; and
-- denying the Plaintiffs' request for equitable tolling and a
filing
date of the consent mailing date.
The parties are ordered to review the Notice and Consent Form,
modified by the Court from the originals proposed by the
plaintiffs, and be prepared to discuss and/or make objections at a
telephone status conference to be set by separate order.
The plaintiffs assert that two specific policies of the EMA violate
section 7(a)(1) of the Fair Labor Standards Act ("FLSA"), 29 U.S.C.
section 207(a)(1) (Count I), and section 4a(1) of the Illinois
Minimum Wage Law ("IMWL"), 820 ILCS 105/4a (Count II). The first
policy, the "Break Policy," is the automatic deduction of a
half-hour as break time from workers' hours. The second policy, the
"Work Week Policy," is paying overtime premiums only for hours
worked over eighty hours in a two-week period even where employees
worked over 40 hours in a one-week period.
The plaintiffs are employed as Telecommunicators—dispatchers, in
common lingo, who manage 911 calls and responses to them—for the
St. Clair County Emergency Management Agency ("EMA"), a subdivision
of the County.
St. Clair is a county located in the U.S. state of Michigan and
bordering the west bank of the St. Clair River.
A copy of the Court's order dated May 13, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=MpPxDw at no extra
charge.[CC]
STATE FARM: Court's March 19, 2021 Order Vacated in Part
---------------------------------------------------------
In the class action lawsuit captioned as ANTHONY SOS, v. STATE FARM
MUTUAL AUTOMOBILE INSURANCE COMPANY, Case No. 6:17-cv-00890-PGB-LHP
(M.D. Fla.), the Hon. Judge Paul Byron entered an order that:
1. The Court's March 19, 2021 Order is vacated in part to the
extent outlined in this Order;
2. The Report and Recommendation is adopted and confirmed in
part
and made a part of this Order;
3. The Plaintiff's Objection is sustained in part;
4. The Defendant's amended objection is overruled;
5. The Plaintiff's verified motion for attorneys' fees is
granted
in part and denied in part to the extent outlined in this
Order.
Accordingly, this Court awards attorney's fees in the amount
of
$2,394,192.00.
6. The Court's April 21, 2021 Order for final judgment and the
final judgment are vacated so that the Court may address the
amount of appellate attorney's fees, if any, that should be
awarded in this case.
State Farm offers vehicle, auto, accident, homeowners, condo
owners, renters, life and annuities, fire and casualty, health,
disability, flood, business, and boat insurance products and
services.
A copy of the Court's order dated May 13, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=zCScut at no extra
charge.[CC]
STERICYCLE INC: Fails to Pay Minimum & OT Wages, Velazquez Claims
-----------------------------------------------------------------
CARLOS VELAZQUEZ, an individual, on behalf of himself, all
aggrieved employees, and the State of California as a Private
Attorneys General v. STERICYCLE, INC., a Delaware corporation, and
DOES 1-50, inclusive, Case No. 24STCV10960 (Cal. Super., May 1,
2024) sues the Defendant for failing to pay minimum and overtime
wages.
The lawsuit alleges that the Defendant has been engaged in many
unlawful employment practices which resulted in underpayment for
hours worked each pay period, including suffering or permitting
employees to work while off the clock and clocked out for lunch.
The Defendant also failed to pay overtime and penalty wages at the
required regular rate of pay during pay periods when employees
earned remuneration and nondiscretionary bonuses and payments in
addition to their regular hourly rate, the lawsuit adds.
Furthermore, the Plaintiff and aggrieved employees also had time
rounded/shaved from their timecards. THey were forced to work in
incredibly hot and under-ventilated rooms reaching temperatures of
over 80 degrees without air conditioning. Accordingly, the
Plaintiff seeks to recover on behalf of himself and all other
current and former aggrieved employees of the Defendant, the civil
penalties provided by PAGA, plus reasonable Attorneys' fees and
costs.
Plaintiff Velazquez is a resident of the State of California and is
an employee of the Defendant whose job involves operating an
autoclave oven for the disposal of waste, including hospital and
hazardous waste.
Stericycle is a waste management company.[BN]
The Plaintiff is represented by:
Nazo Koulloukian, Esq.
KOUL LAW FIRM, APC
3435 Wilshire Blvd., Suite 1710
Los Angeles, CA 90010
Telephone: (213) 761-5484
Facsimile: (818) 561-3938
E-mail: nazo@koullaw.com
- and -
Sahag Majarian, Esq.
Garen Majarian, Esq.
MAJARIAN LAW GROUP, APC
18250 Ventura Blvd.
Tarzana, CA 91356
Telephone: (818) 609-0807
Facsimile: (818) 609-0892
E-mail: sahagii@aol.com
garen@majarianlawgroup.com
STROM AVIATION: Fails to Pay Overtime Wages, Ambruster Suit Says
----------------------------------------------------------------
PAUL AMBRUSTER, individually and on behalf of all others similarly
situated v. STROM AVIATION, INC, Case No. 0:24-cv-01562-JMB-DTS (D.
Minn., Apr. 30, 2024) seeks to recover from the Defendants unpaid
wages and overtime compensation, interest, liquidated damages,
attorneys' fees, and costs under the Fair Labor Standards Act.
Plaintiff Ambruster was employed by the Defendant as a recruiter.
STROM AVIATION, INC. provides employment services. The Company
specializes in hiring all types of aviation professionals to
provide manpower to completion centers, MRO's, FBO's, OEM's,
airline services, helicopter, and military programs. Strom Aviation
serves employers worldwide. [BN]
The Plaintiff is represented by:
Michele R. Fisher, Esq.
NICHOLS KASTER PLLP
80 South 8th Street, Suite 4700
Minneapolis, MN 55402
Telephone: (612) 256-3200
Facsimile: (612) 338-4878
Email: fisher@nka.com
- and -
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
JOSEPHSON DUNLAP, LLP
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Telephone: (713) 352-1100
Facsimile: (713) 352-3300
Email: mjosephson@mybackwages.com
adunlap@mybackwages.com
- and -
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH, PLLC
11 Greenway Plaza, Suite 3025
Houston, TX 77046
Telephone: (713) 877-8788
Facsimile: (713) 877-8065
Email: rburch@brucknerburch.com
SUCCESS SYSTEMS: Powell Seeks More Time for Class Cert Bid Filing
-----------------------------------------------------------------
In the class action lawsuit captioned as CYNTHIA GREENE POWELL, on
behalf of herself and others similarly situated, v. SUCCESS SYSTEMS
LLC, D/B/A THE CREDIT PROS, Case No. 1:23-cv-00291-JB-N (S.D.
Ala.), the Plaintiff asks the Court to enter an order extending the
deadline for the Plaintiff to file a motion for class certification
from May 24, 2024 to August 20, 2024.
The Plaintiff is seeking this extension so the parties can be
completed with discovery prior to the filing of that motion as well
as their expert reports, which are currently in process. The
parties are not seeking to move any other deadlines under the
Court's Scheduling Order.
Success provides cloud-based, turnkey store automation solutions
for convenience, grocery, petroleum, tobacco and liquor retail
outlets.
A copy of the Plaintiff's motion dated May 13, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=bITZE9 at no extra
charge.[CC]
The Plaintiff is represented by:
Anthony I. Paronich, Esq.
PARONICH LAW, P.C.
350 Lincoln Street, Suite 2400
Hingham, MA 02043
Telephone: (508) 221-1510
E-mail: anthony@paronichlaw.com
SWORLD INC: Blind Can't Access Online Store, Sookul Suit Alleges
----------------------------------------------------------------
SANJAY SOOKUL, on behalf of himself and all others similarly
situated, Plaintiff v. SWORLD, INC., Defendant, Case No.
1:24-cv-03314 (S.D.N.Y., April 30, 2024) is a class action against
the Defendant for violations of Title III of the Americans with
Disabilities Act, the New York State Human Rights Law, the New York
State Civil Rights Law, and the New York City Human Rights Law.
According to the complaint, the Defendant has failed to design,
construct, maintain, and operate its website to be fully accessible
to and independently usable by the Plaintiff and other blind or
visually impaired persons. The Defendant's website,
Swimwearworld.com, contains access barriers which hinder the
Plaintiff and Class members to enjoy the benefits of its online
goods, content, and services offered to the public through the
website. The accessibility issues on the website include, but not
limited to: the lack of a mechanism to pause or stop automatically
moving content, some buttons lack programmatic labels, incorrect
role announcement, links are not properly tagged as lists,
incorrect focus order, the inability to close some interactive
controls via 'Esc' key, headings are not properly tagged,
insufficient keyboard focus indicator, the denial of keyboard
access for some interactive elements, some links are not
distinguishable from plain text, the lack of correct color contrast
requirements, and the requirement that transactions be performed
solely with a mouse, says the suit.
The Plaintiff and Class members seek permanent injunction to cause
a change in the Defendant's corporate policies, practices, and
procedures so that the Defendant's website will become and remain
accessible to blind and visually impaired individuals.
Sworld, Inc. is a company that sells online goods and services,
doing business in New York. [BN]
The Plaintiff is represented by:
Kimmia Salehi, Esq.
MARS KHAIMOV LAW, PLLC
100 Duffy Avenue, Suite 510
Hicksville, NY 11801
Telephone: (404) 452-0779
Facsimile: (929) 333-7774
Email: kimmia@khaimovlaw.com
T&SD WING: Pan Sues Over Delivery Men's Unpaid Wages, Termination
-----------------------------------------------------------------
XIN PAN, individually and on behalf of all others similarly
situated, Plaintiff v. T&SD WING INC., TOMMY DUONG, and DOES 1
through 100, inclusive, Defendant, Case No. 24STCV10855 (Cal.
Super., Los Angeles Cty., April 30, 2024) is a class action against
the Defendants for violations of California Labor Code and
California's Business and Professions Code including failure to pay
minimum wages, failure to pay overtime wages, failure to pay wages
in a timely manner, retaliation, failure to provide rest and meal
breaks, failure to reimburse expenses, failure to provide earnings
statements, wrongful termination, and unfair competition.
The Plaintiff worked for the Defendant as a delivery man from March
11, 2023 until December 18, 2023.
T&SD Wing Inc. is a company doing business in California. [BN]
The Plaintiff is represented by:
Michael A. DesJardins, Esq.
THE LAW OFFICE OF MICHAEL DESJARDINS, INC.
17130 Van Buren Blvd. #435
Riverside, CA 92504
Telephone: (714) 265-2100
Facsimile: (714) 494-8215
Email: md@desjardinslaw.com
TAKEDA PHARMACEUTICAL: Seeks to File Sur-Reply in EPPs Class Suit
-----------------------------------------------------------------
In the class action lawsuit RE ACTOS END PAYOR ANTITRUST
LITIGATION, Case No. 1:13-cv-09244-RA-SDA (S.D.N.Y.), the
Defendants ask the Court to enter an order granting permission to
file a sur-reply in further opposition to End-Payor Plaintiffs'
("EPPs") motion for Class Certification.
Takeda is a Japanese multinational pharmaceutical company.
A copy of the Defendants' motion dated May 13, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=Q9gna2 at no extra
charge.[CC]
The Defendants are represented by:
Steven A. Reed, Esq.
R. Brendan Fee, Esq.
Vincent C. Papa, Esq.
MORGAN, LEWIS & BOCKIUS LLP
2222 Market Street
Philadelphia, PA 19103
Telephone: (215) 963-5000
E-mail: steven.reed@morganlewis.com
brendan.fee@morganlewis.com
vincent.papa@morganlewis.com
TANDYM GROUP: Gomez Sues Over Inadequate Data Security Measures
---------------------------------------------------------------
Mateo Gomez, individually and on behalf of all others similarly
situated v. Tandym Group, LLC, Case No. 1:24-cv-03585 (S.D.N.Y.,
May 9, 2024) accuses the Defendant of failing to adequately protect
Plaintiff's and Class members' private information.
The Plaintiffs and Class members' personally identifiable
information was compromised in a cyberattack that targeted
Defendant's network on or around May 18, 2023, the second major
data breach experienced by Defendant in the last few years. The
Plaintiff alleges that the data breach was a direct result of
Defendant's failure to implement adequate and reasonable
cyber-security procedures and protocols necessary to protect
individuals' PII. The Plaintiff brings claims for negligence and
negligence per se, breach of implied contract, breach of fiduciary
duty, and unjust enrichment.
Tandym Group, LLC is an employee staffing company based in New
York.[BN]
The Plaintiff is represented by:
Steven Sukert, Esq.
Ken Grunfeld, Esq.
KOPELOWITZ OSTROW P.A.
1 West Las Olas Blvd., Suite 500
Fort Lauderdale, FL 33301
Telephone: (310) 566-9800
Facsimile: (310) 566-9886
E-mail: sukert@kolawyers.com
grunfeld@kolawyers.com
TARGET CORPORATION: Panelli Suit Removed to N.D. California
-----------------------------------------------------------
The case styled as Alexander Panelli, individually, and all other
similarly situated v. Target Corporation, Case No. CGC-24-613684
was removed from the Superior Court of CA, County of San Francisco,
to the U.S. District Court for the Northern District of California
on May 8, 2024.
The District Court Clerk assigned Case No. 3:24-cv-02748 to the
proceeding.
The nature of suit is stated as Other Fraud for Other Contract.
Target Corporation -- https://www.target.com/ -- is an American
retail corporation that operates a chain of discount department
stores and hypermarkets, headquartered in Minneapolis,
Minnesota.[BN]
The Plaintiff appears pro se.
The Defendant is represented by:
Michael J. Duvall, Esq.
Dentons US LLP
601 S. Figueroa Street, Ste. 2500
Los Angeles, CA 90017
Phone: (213) 892-2818
Email: michael.duvall@dentons.com
TASKUS INC: Lozada Suit Seeks to Certify Class
----------------------------------------------
In the class action lawsuit captioned as HUMBERTO LOZADA and
OKLAHOMA FIREFIGHTERS PENSION AND RETIREMENT SYSTEM Individually
and on Behalf of All Others Similarly Situated, v. TASKUS, INC.,
BRYCE MADDOCK, JASPAR WEIR, BALAJI SEKAR, AMIT DIXIT, MUKESH MEHTA,
SUSIR KUMAR, JACQUELINE D. RESES, and BCP FC AGGREGATOR L.P., Case
No. 1:22-cv-01479-JPC (S.D.N.Y.), the Plaintiffs ask the Court to
enter an order:
(1) certifying the Class;
(2) appointing Plaintiffs as Class Representatives; and
(3) appointing Lead Counsel Bleichmar Fonti & Auld LLP ("BFA")
as
Class Counsel.1
TaskUs is an outsourcing company that handles content moderation.
A copy of the Plaintiffs' motion dated May 10, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=qsE2IT at no extra
charge.[CC]
The Plaintiffs are represented by:
Joseph A. Fonti, Esq.
Nancy A. Kulesav, Esq.
Evan A. Kubota, Esq.
Thayne Stoddard, Esq.
BLEICHMAR FONTI & AULD LLP
7 Times Square, 27th Floor
New York, NY 10036
Telephone: (212) 789-1340
Facsimile: (212) 205-3960
E-mail: jfonti@bfalaw.com
nkulesa@bfalaw.com
ekubota@bfalaw.com
tstoddard@bfalaw.com
- and -
John A. Kehoe, Esq.
Michael K. Yarnoff, Esq.
KEHOE LAW FIRM, P.C.
2001 Market Street, Suite 2500
Philadelphia, PA 19103
Telephone: (212) 792-6676
E-mail: jkehoe@kehoelawfirm.com
myarnoff@kehoelawfirm.com
TECO ENERGY: Seeks More Time to File Class Cert Response in Roche
-----------------------------------------------------------------
In the class action lawsuit captioned as Alejandro Roche,
individually and on behalf of all others similarly situated, v.
TECO Energy, Inc. and TECO Energy Group Retirement Plan, Case No.
8:23-cv-01571-CEH-CPT (M.D. Fla.), the Defendants ask the Court to
enter an order granting the Defendants' unopposed motion to extend
the deadline for them to file a response to the Plaintiff's
forthcoming motion to certify class through June 19, 2024.
The Parties agree that this extension is sought in good faith and
no Party will be prejudiced by continuing Defendants' response
deadline. The extension is not sought to unduly delay the
litigation or for any other improper purpose and is not anticipated
to affect other deadlines listed in the
Court’s Scheduling Order.
The Court's Case Management and Scheduling Order establishes May
15, 2024, as the deadline for the Plaintiff to move for class
certification. Under the Scheduling Order, the Defendants are
granted 21 days to respond to the Plaintiff's motion.
On April 29, 2024, the Plaintiff supplemented his initial
disclosures to identify Ellen Kleinstuber, an actuary, as an expert
witness.
On May 7, 2024, the Defendants' counsel emailed the Plaintiff's
counsel to ask whether Ms. Kleinstuber's opinions would be used to
support Plaintiff's forthcoming motion to certify class and whether
Defendants might be granted two additional weeks to respond to the
forthcoming motion under the circumstances.
On May 8, 2024, the Plaintiff's counsel confirmed their intention
to offer a declaration from Ms. Kleinstuber in support of the
Plaintiff's forthcoming motion and expressed that the Plaintiff
would not object to the requested extension.
TECO is an energy-related holding company.
A copy of the Defendants' motion dated May 10, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=yOzOo3 at no extra
charge.[CC]
The Defendants are represented by:
Robert Rachal, Esq.
Rene E. Thorne, Esq.
Alex E. Hotard, Esq.
Amy Kathleen Recla, Esq.
JACKSON LEWIS P.C.
601 Poydras Street, Suite 1400
New Orleans, LA 70130
Telephone: (504) 208-5827
Facsimile: (504) 208-1759
E-mail: Rene.thorne@jacksonlewis.com
Robert.Rachal@jacksonlewis.com
Alex.Hotard@jacksonlewis.com
Amy.Recla@jacksonlewis.com
TEKSYSTEMS INC: Class Cert Bid Filing Due July 31
-------------------------------------------------
In the class action lawsuit captioned as MICHAEL THOMAS, MARIA
CONYERS-JORDAN, AUSTIN SHERMAN, LYNDA ALEXANDRA MAHER, AVA DORE,
RACHEL RICHENBERG, and EMILY BURKE, on behalf of themselves and
others similarly situated, v. TEKSYSTEMS, INC., Case No.
2:21-cv-00460-WSS (W.D. Pa.), the Hon. Judge William S. Stickman IV
entered an order granting the joint motion to set briefing schedule
for the Plaintiffs' motion for class Certification and motion for
final certification pursuant to the Fair Labor Standards Act and to
submit oversized briefs.
-- Plaintiffs' Motions for Class Certification July 31,
2024
and Motion for Final Certification Pursuant
to the Fair Labor Standards Act (FLSA) are to
be filed no later than:
-- Defendant's Oppositions to Plaintiffs' Motions Aug. 30,
2024
for Class Certification and Motion for Final
Certification Pursuant to the FLSA are to be
filed no later than:
-- The Plaintiffs' Replies in Support of their Sept. 27,
2024
Motions for Class Certification and Motion for
Final Certification Pursuant to the FLSA are to
be filed no later than:
-- Defendant's Sur-Reply in Support of its Oct. 25,
2024
Opposition to Plaintiffs' Motion for Final
Certification Pursuant to the FLSA is to be
filed no later than:
The Parties shall file a joint proposed order setting deadlines for
filing dispositive motions and discovery deadlines on damages and
related expert discovery within 30 days after the Court rules on
Plaintiffs’ Motions for Class Certification and Motion for Final
Certification Pursuant to the FLSA.
TEKsystems provides information technology services.
A copy of the Court's order dated May 13, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=hM43kg at no extra
charge.[CC]
TIREHUB LLC: Settlement Deal in Jones Suit Gets Final Nod
----------------------------------------------------------
In the class action lawsuit captioned as DONSHEA JONES,
individually and on behalf of all others similarly situated, v.
TIREHUB LLC, Case No. 2:21-cv-00564-DB (E.D. Cal.), the Hon. Judge
Deborah Barnes entered an order that:
1. Reynaud Lozada's motion for exclusion, as amended, is
granted;
2. Plaintiff's Sept. 8, 2023 motion for final approval is
granted;
3. The parties are ordered to act in accordance with the terms
of
the settlement agreement; and
4. The court declines to maintain jurisdiction to enforce the terms
of the parties' settlement agreement unless there is some
independent basis for federal jurisdiction.
The Plaintiff commenced this action on Feb. 10, 2021, by filing a
complaint in the Solano County Superior Court.
TireHub is a national tire distributor.
A copy of the Court's order dated May 13, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=Uu8FfS at no extra
charge.[CC]
ULTA BEAUTY: Jurdi Alleges California's Trap and Trace Law Breach
-----------------------------------------------------------------
LILLIAN JURDI, individually and on behalf of all others similarly
situated, Plaintiff v. ULTA BEAUTY, INC., an Illinois corporation;
DOES 1 through 25, inclusive, Defendant, Case No. 24STCV11049 (Cal.
Super., Los Angeles Cty., May 1, 2024) arises from Defendant's
installation of the TikTok tracing process that violated
California's Trap and Trace Law.
The Defendant has installed on its Website software created by
TikTok in order to identify website visitors. The said TikTok
software gathers device and browser information, geographic
information, referral tracking, and url tracking by running code or
"scripts" on the Website to send user details to TikTok. However,
Defendant did not obtain Plaintiff and Class members' express or
implied consent to be subjected to data sharing with TikTok for the
purposes of fingerprinting and de-anonymization, says the suit.
Headquartered in Bolingbrook, IL, Ulta Beauty, Inc. is an American
retailer specializing in beauty products. [BN]
The Plaintiff is represented by:
Robert Tauler, Esq.
Matthew J. Smith, Esq.
TAULER SMITH LLP
626 Wilshire Boulevard, Suite 550
Los Angeles, CA 90017
Telephone: (213) 927-9270
E-mail: robert@taulersmith.com
matthew@taulersmith.com
UNITED LOCATING SERVICES: Garcia Sues Over Illegal Pay Practices
----------------------------------------------------------------
RUDISON GARCIA, on his own behalf and on behalf of those similarly
situated, Plaintiff v. UNITED LOCATING SERVICES, LLC, and UNITED
LOCATING SERVICES OF TEXAS, LLC, Defendants, Case No.
9:24-cv-00057-DLC (D. Mont., April 30, 2024) seeks to recover
unpaid overtime compensation, liquidated damages, declaratory
relief and other relief under the Fair Labor Standards Act.
The Plaintiff worked for Defendants in Texas as a utility locator
from approximately February 11, 2022 to October 12, 2023.
Throughout his employment with the Defendants, he did not receive
all overtime compensation due to several systematic illegal pay
practices employed by Defendants, says the Plaintiff.
Headquartered in Missoula, MT, United Locating Services, LLC
provides utility locating services to its customers in Montana,
Minnesota, Oklahoma, South Dakota, and Texas. [BN]
The Plaintiff is represented by:
Timothy C. Fox, Esq.
MORGAN & MORGAN, P.A.
6 Arrowhead Lane
Clancy, MT 59634
Telephone: (689) 219-2220
Facsimile: (406) 439-2609
E-mail: tfox@forthepeople.com
- and -
C. Ryan Morgan, Esq.
MORGAN & MORGAN, P.A.
20 N. Orange Ave, 15th Floor
Orlando, FL 32801
Telephone: (407) 420-1414
Facsimile: (407) 245-3401
E-mail: RMorgan@forthepeople.com
UNITED STATES: Court Extends Stay of Jimenez Suit
-------------------------------------------------
In the class action lawsuit captioned as BERNARDO SANCHEZ JIMENEZ,
et al., v. DEPARTMENT OF HOMELAND SECURITY, et al., Case No.
2:22-cv-00967-SSS-JPR (C.D. Cal.), the Hon. Judge Sunshine Sykes
entered an order granting the Parties' stipulation to extend stay.
1. This case and all pending deadlines, including discovery
deadlines, are stayed through July 12, 2024.
2. Either party may file a motion to lift the stay at any time.
The Department of Homeland Security is the U.S. federal executive
department responsible for public security.
A copy of the Court's order dated May 13, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=JGlRYt at no extra
charge.[CC]
UNITEDHEALTH GROUP: Hall Sues Over Inadequate Data Security
-----------------------------------------------------------
DEBRA HALL and ROBYN RUSSELL, individually and on behalf of all
others similarly situated, Plaintiffs v. UNITEDHEALTH GROUP
INCORPORATED, UNITEDHEALTHCARE, INC.; OPTUM, INC.; and CHANGE
HEALTHCARE INC., Defendants, Case No. 0:24-cv-01559-PJS-DLM (D.
Minn., April 30, 2024) arises from Defendants' failure to enact
adequate security measures and protocols to protect Plaintiffs' and
Class members' private information from unauthorized access.
In or around February 2024, UnitedHealth Group experienced one of
the most significant data breaches in U.S. History. ALPHV/Blackcat,
a ransomware group, claims to have breached UHG's servers and
obtained six terabytes of crucial confidential and highly sensitive
data. Accordingly, the Plaintiffs initiate this class action
lawsuit representing herself and all individuals in a similar
situation to address the Defendants' insufficient protection of
Class members' personal health information, which it collected and
maintained. Further, the lawsuit addresses the Defendants' failure
to promptly and adequately notify the Plaintiffs and other Class
Members about the unauthorized access of their information by an
unknown third party, as well as the precise type of information
that was accessed.
Headquartered in Minnetonka, MN, UHG is a healthcare conglomerate
consisting of UnitedHealthcare, along with three Optum divisions:
Optum Health, OptumInsight, and Optum Rx.[BN]
The Plaintiffs are represented by:
Karen Hanson Riebel, Esq.
Kate M. Baxter-Kauf, Esq.
Emma Ritter Gordon, Esq.
LOCKRIDGE GRINDAL NAUEN PLLP
100 Washington Ave S., Suite 2200
Minneapolis, MN 55401
Telephone: (612) 339-6900
E-mail: khriebel@locklaw.com
wasp@locklaw.com
kmbaxter-kauf@locklaw.com
erittergordon@locklaw.com
VALLEY-MOUNTAIN REGIONAL: Simmons Sues Over Unprotected Info
------------------------------------------------------------
TAWANA SIMMONS, individually, and on behalf of all others similarly
situated v. VALLEY-MOUNTAIN REGIONAL CENTER, INC., Case No.
2:24-at-00546 (E.D. Cal., May 1, 2024) sues the Defendant for its
failure to safeguard the Personally Identifiable Information and
Protected Health Information of the Plaintiff and Class members,
which resulted in unauthorized access to its information systems on
July 29, 2023, and the compromised and unauthorized disclosure of
that Private Information.
The stolen Private Information includes names, Social Security
numbers, taxpayer identification number, dates of birth, driver's
license numbers, username and password, biometric data, medical
treatment and/or diagnosis information, and/or health insurance
Information, the suit claims.
The Plaintiff and Class members now face a lifetime risk of
identity theft due to the nature of the information lost, which
they cannot change, and which cannot be made private again. The
Defendant's failure to protect the Plaintiff and Class Members'
Private Information has harmed and will continue to harm thousands
of Defendant's Patients, causing the Plaintiff to seek relief on a
class wide basis, the Plaintiff asserts.
On behalf of herself and the Class, the Plaintiff brings causes of
action against the Defendant for negligence, negligence per se,
breach of implied contract, invasion of privacy, breach of
fiduciary duty, violation of the California Unfair Competition Law,
and violation of the California Consumer Records Act, seeking an
award of monetary damages and injunctive and declaratory relief,
resulting from Defendant's failure to adequately protect their
highly sensitive Private Information.
The Plaintiff is an individual citizen of Alabama and learned of
the breach after seeing a posting on the Defendant's website on or
around April 19, 2024. The Plaintiff was a patient of the
Defendant.
The Defendant provides services to children and adults with
developmental disabilities in San Joaquin, Stanislaus, Amador,
Calaveras, and Tuolumne counties.[BN]
The Plaintiff is represented by:
Scott Edelsberg, Esq.
EDELSBERG LAW, P.A.
1925 Century Park E 1700
Los Angeles, CA 90067
Telephone: (305) 975-3320
E-mail: scott@edelsberglaw.com
VIKING RIVER: Faces Lvovsky Suit Over Illegal Collection Letter
---------------------------------------------------------------
MITCHELL LVOVSKY, individually and on behalf of all those similarly
situated V. VIKING RIVER CRUISES, INC. D/B/A VIKING CRUISES, Case
No. CACE-24-006312 (Fla. Cir., May 6, 2024) alleges that the
Defendant sent an electronic communication to the Plaintiff in
connection with the collection of the Consumer Debt between the
hours of 9:00 PM and 8:00 AM in the time zone of the Plaintiff, in
violation of the Florida Consumer Collection Practices Act.
On March 8, 2024, the Defendant sent an electronic mail
communication to Plaintiff in connection with the collection of the
Consumer Debt. The Communication was sent from
notification@vikingcruises.com and delivered to Plaintiff' s
personal e-mail address. The Communication was received by the
Plaintiff from the Defendant at 3:16 AM in the Plaintiff's time
zone. The Defendant did not have the consent of the Plaintiff to
communicate with the Plaintiff between the hours of 9:00 PM and
8.00 AM, says the suit.
The "Class" that Plaintiff seeks to represent is defined as "FCCPA
Class" consisting of:
"[l] all persons with Florida addresses [2] that the Defendant
or someone on the Defendant's behalf [3] sent an electronic
mail communication to [4] between 9:00 PM and 8:00 AM [5] in
connection with the collection of a consumer debt."
The Defendant and its employees or agents are excluded from
the Class.
The Plaintiff is a citizen of the State of Florida, residing in
Broward County, Florida.
Viking is a cruise line providing river, ocean, and expedition
cruises.[BN]
The Plaintiff is represented by:
Jibrael S. Hindi, Esq.
Jennifer G. Simil, Esq.
Zane C. Hedaya, Esq.
Gerald D. Lane, Jr., Esq.
THE LAW OFFICES OFJIBRAEL S. HINDI
110 SE 6th Street,Suite 1744
Fort Lauderdale, FL 33301
Telephone: (954) 907-1136
E-mail: jibrael@jibraellaw.com
jen@jibraellaw.com
zane@jibraellaw.com
gerald@jibraellaw.com
WHOLE FOODS: Class Cert Bid Filing Extended to August 6
-------------------------------------------------------
In the class action lawsuit captioned as SARA SAFARI, PEYMON
KHAGHANI, on behalf of themselves and all others similarly
situated, and FARM FORWARD, on behalf of the general public, v.
WHOLE FOODS MARKET SERVICES, INC., a Delaware corporation, WHOLE
FOODS MARKET CALIFORNIA, INC., a California corporation, MRS.
GOOCH'S NATURAL FOOD MARKETS, INC. doing business as Whole Foods
Market, a California Corporation, Case No. 8:22-cv-01562-JWH-KES
(C.D. Cal.), the Hon. Judge John W. Holcomb entered an order
granting stipulation to extend the deadline for plaintiffs Sara
Safari and Peymon Khaghani to move to certify the class.
1. The deadline for Plaintiffs to move for class certification
is
August 6, 2024.
2. The deadline for Defendants to respond to such motion is
September 17, 2024.
3. The deadline for Plaintiff to file a reply in support of such
motion is October 15, 2024.
4. The hearing on such motion shall be SET for November 19,
2024,
at 10:00 a.m.
Whole Foods retails organic and natural foods.
A copy of the Court's order dated May 13, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=nYeRfx at no extra
charge.[CC]
WILSON ELECTRIC: Mismanages Retirement Plan, Andrews Suit Alleges
-----------------------------------------------------------------
DANIEL D. ANDREWS, individually and on behalf of Wilson Electric
Services Corp. Employee Stock Ownership Plan, Plaintiff v. WILSON
ELECTRIC SERVICES CORP.; and THE WILSON ELECTRIC SERVICES CORP.
PLAN COMMITTEE, Defendants, Case No. 2:24-cv-00995-JFM 9D. Ariz.,
May 1, 2024) is an action against the Defendants for breach of
fiduciary duties under the Employee Retirement Income Security
Act.
The Plaintiff alleges in the complaint that the Defendant is using
plan assets for the benefit of the company and from subordinating
participant interests to company interests. The Defendants cannot
commit funds to employee retirement accounts and then use those
funds as a corporate finance tool.
The Defendants violated ERISA because their Other Investments
Account investment strategy prioritizes satisfying the long-term
share repurchase liability of the Defendants over growing
participants' retirement benefits, says the suit.
WILSON ELECTRIC SERVICES CORP. provides electrical contracting
services. The Company offers design-build, vertical construction,
equipment installation, indoor lighting, facility maintenance, and
power metering services. [BN]
The Plaintiff is represented by:
Mark L. Heaney,Esq.
HEANEY LAW FIRM, LLC
601 Carlson Parkway, Suite 1050
Minnetonka, MN 55305
Telephone: (952) 933-9655
Facsimile: (952) 487-0189
Email: mark@heaneylaw.com
- and -
Mark E. Thomson, Esq.
Carl F. Engstrom, Esq.
ENGSTROM LEE LLC
323 Washington Ave. N., Suite 200
Minneapolis, MN 55401
Telephone: (612) 305-8349
Facsimile: (612) 677-3050
Email: mthomson@engstromlee.com
cengstrom@engstromlee.com
YALLA VENTURES: Krayzman Sues Over False Ads for Purifiers, Filters
-------------------------------------------------------------------
LARION KRAYZMAN individually and on behalf of all others similarly
situated, Plaintiff v. YALLA VENTURES, INC., Defendant, Case No.
2:24-cv-03610 (C.D. Cal., May 1, 2024), arising from the false and
misleading representations that Defendant made and continues to
make about its PuroAir-brand Model 240 HEPA 14 Air Purifier and
replacement filters.
The Defendant represented that the Air Purifiers were equipped with
High Efficiency Particulate Air (HEPA) filters and backed by
scientists and lab testing. Defendant also represented that the
replacement filters it sells for the Air Purifiers are "HEPA 14"
filters. However, independent testing by Plaintiff's counsel has
shown that the replacement filters and the filters inside the
Product do not meet HEPA or H14 standards. Accordingly, Plaintiff
Krayzman seeks return of the premium that Defendant charged for its
Purifier. Plaintiff asserts claims for breach of express warranty,
fraud, unjust enrichment, and for violations of the California's
Unfair Competition Law, California’s False Advertising Law, and
California’s Consumers Legal Remedies Act.
Headquartered in Phoenix, AZ, Yalla Ventures, Inc. manufactures and
sells air purifiers and replacement filters. [BN]
The Plaintiff is represented by:
L. Timothy Fisher, Esq.
Luke Sironski-White, 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
lsironski@bursor.com
- and -
Greg Sinderbrand, Esq.
SINDERBRAND LAW GROUP, P.C.
5805 Sepulveda Blvd. #801
Sherman Oaks, CA 91403
Telephone: (818) 370-3912
E-mail: greg@sinderbrandlaw.com
*********
S U B S C R I P T I O N I N F O R M A T I O N
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