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/raid1/www/Hosts/bankrupt/CAR_Public/240522.mbx C L A S S A C T I O N R E P O R T E R Wednesday, May 22, 2024, Vol. 26, No. 103 Headlines 51 ST: Class Cert Bid Deadline in Solis Suit Extended to Oct. 6 800 POUND GORILLA: Kauffman Sues Over Disclosed Video Viewing Info 9199-4467 QUEBEC: Class Settlement in Natale Gets Initial Nod ALLY BANK: Medicis Appeals Data Breach Case Dismissal to 2nd Cir. AMAZON.COM INC: Filing for Class Cert Bid in Rittmann Due July 5 AMAZON.COM INC: Filing for Class Cert Bid in Waithaka Due July 5 ANAVEX LIFE: Faces Downing Class Suit Over Misleading Statement ASR GROUP: Moretti's Ristorante Alleges Price-Fixing Conspiracy BIOGEN INC: OFPRS Seek to Certify Class Action BIOVENTUS INC: Ciarciello Seeks to Seal Confidential Info BUFFALO WILD: Class Certification Order Entered in Machuca Suit CASSAVA SCIENCES: Parties Seek Extension of Class Cert Deadlines CEDARS BUSINESS: Thompson Files FDCPA Suit in N.D. Florida CENTENNIAL BANK: Barfield Files Suit in E.D. Arkansas CENTRAL BANK: Rutherford Suit Hits Profiteering Scheme CIMAREX ENERGY: Sagacity Seeks Final Approval of Settlement CITY NATIONAL: King Suit Seeks Unpaid Wages for Mortgage Brokers CITY OF HOPE: De Rivera Sues Over Failure to Secure PII COATES FIELD: Herschbach Seeks Unpaid OT for Right of Way Agents COLGATE-PALMOLIVE: Class Cert Bid Filing Due March 14, 2025 COMIC STRIP: Inostroza Sues Over Unpaid Wages and Tip Deductions CONTINENTAL AKTIENGESELLSCHAFT: Wallace Sues Over Tire Price-Fixing DOCTORS SCIENTIFIC: Faye Sues Over Protein Bars' False Ads EDUCATIONAL COMPUTER: Hood Alleges Failure to Secure Clients' Info EISAI INC: Gibriano Appeals Suit Dismissal to 3rd Circuit EPIC AIRCRAFT: Hanney Class Certification Bid OK'd EXECU SEARCH: Brain Seeks Conditional Class Certification FIRST AMERICAN: Kimble Seeks Final Approval of Class Settlement FLAGSTAR BANK: Class Cert Filing in Saucedo Extended to June 20 FLORISSANT, MO: Class Action Settlement in Baker Gets Final Nod FOUR SEASONS: Staley Seeks to Certify Class Action GERBER PRODUCTS: Court Lifts Stay in Howard Class Action GLEN MILLS: Derrick Loses Class Certification Bid GLOBAL E-TRADING: Sihler Seeks to Certify Class of Consumers GLOBAL E-TRADING: Sihler Seeks to Seal Class Cert Exhibits HAMILTON-RYKER IT: Pickens Appeals FLSA Suit Dismissal to 6th Cir. HARRIS & HARRIS: Parties in Church Suit Seek Stay of Discovery HEARTHSIDE FOOD: Miscalculates Overtime Wages, Mathes Suit Claims HERC RENTALS: Court Remands David Suit to Superior Court HESS CORPORATION: Assad Sues Over Proposed Merger Sub HOSPITAL SISTERS: Maley Sues Over Meal Break Automatic Deductions IOSM INC: Court Continues Class Certification Deadlines JAMES MICHELLE: Riley Sues Over Blind's Equal Access to Website JP BODEN: Blind Can't Access Online Store, Riley Suit Alleges KINECTA FEDERAL: Faces Esqueda Suit Over Denied Loan Application LOANDEPOT.COM LLC: Sends Unwanted Telemarketing Calls, Hubble Says MAPLES HEALTH: Fails to Pay Proper Wages, Bedwell Alleges MCGEE AIR SERVICES: Olney Seeks Training Specialists' Unpaid Wages MELISSA & DOUG: Collects Website Visitors' Info, Heiting Suit Says MOVE INC: Appeals Arbitration Bid Denial in Faucett Suit NES GLOBAL: Garcia Suit Seeks Quality Inspectors' Unpaid Overtime NESHAMINY SW: Melecio Sues Over Assistant Managers' Unpaid OT PALM LAKES: Property Inaccessible to Disabled People, Brito Says PIRCH INC: Rogers Sues Over Termination Without Advance Notice POSEN, IL: Frederic Suit Removed to N.D. Illinois PUBLIC COMPANY: Gaylor and Rabinowitz Sue Over Audit Failure REDDIT INC: Levelfields Inc. Sues Over Breach of Contract REEBELO USA: Web Site Not Accessible to Blind, Bullock Suit Says SEATGEEK INC: Lures Customers to Buy Tickets, Edwards Suit Claims SHOALS TECHNOLOGIES: Faces Suit Over Securities Law Breaches SQUARE FOOD: Faces Jimenez Wage-and-Hour Suit in S.D.N.Y. SUPPLYBIT LLC: Michael Gumprecht Balks at Unregistered Securities SWINERTON INC: Liable to 401(k) Plan Losses, Ingrassia Suit Claims TARGET CORP: Gudgel Sues Over PFAS-Containing Products TEAM GROUP: High Speed Memory Products' Ads "False," Griffin Says TECO ENERGY: Bid for Extension to File Class Cert Response Nixed TESLA INC: Lopez Files Suit Over WARN Act Breach TESTMAX INC: Disclose Personal Data Without Consent, Suit Says TULPEHOCKEN SPRING: Faces Skrip Suit Over Drivers' Unpaid Wages UNITED SUGAR: Northern Frozen Suit Hits Sugar Price-Fixing US PAROLE COMISSION: Seeks Stay of Lewis Suit USA HIGH SECURITY: Macias Sues to Recover Regular, Overtime Wages USAA LIFE: Kaiser Sues Over Unauthorized Term Life Insurance Fees VALLEY VETERINARY: McVicker Sues Over Failure to Secure Information VANDER SCHAAF MURPHY: Claudio Files Suit in Cal. Super. Ct. VILLAGE OF KINGS CREEK: Alfonso Files FLSA Suit in S.D. Florida XCEL ENERGY: Parker Seeks Damages Over Losses Due to Wildfire ********* 51 ST: Class Cert Bid Deadline in Solis Suit Extended to Oct. 6 --------------------------------------------------------------- In the class action lawsuit captioned as ROSA SOLIS, an individual, on behalf of herself and on behalf of all persons similarly situated, v. 51 ST. & 8TH AVE. CORP., et al., Case No. 3:23-cv-01161-JES-MMP (S.D. Cal.), the Hon. Judge Michelle Pettit entered an order granting joint motion to continue the plaintiff's deadline to file motion for class certification. 1. The Court amends the deadline to file a motion for class certification to Oct. 6, 2024. 2. The Court sets a Status Conference for July 19, 2024, at 9:30 a.m. A copy of the Court's order dated May 14, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=8IFAvg at no extra charge.[CC] 800 POUND GORILLA: Kauffman Sues Over Disclosed Video Viewing Info ------------------------------------------------------------------ DAVID KAUFFMAN, individually and on behalf of all others similarly situated, Plaintiff v. 800 POUND GORILLA MEDIA, LLC, Defendant, Case No. 3:24-cv-00787-DMS-VET (S.D. Cal., May 2, 2024) is a class action against the Defendant for violation of the Video Privacy Protection Act. According to the complaint, the Defendant has disclosed to Meta Platforms, Inc. (Facebook) information regarding the video viewing habits of the visitors to its website, 800poundgorillamedia.com, without consent. The Defendant embedded within its website a "Meta Pixel" that was provided to it by Facebook. That pixel tracked the Plaintiff's and the Class members' video viewing history while on the Defendant's website and reported their viewing history to Facebook along with their unique Facebook Identification numbers. As a result, the Defendant violated the Plaintiff's and the Class members' statutorily protected privacy rights, says the suit. 800 Pound Gorilla Media, LLC is a video tape service provider, doing business in California. [BN] The Plaintiff is represented by: Joshua B. Swigart, Esq. SWIGART LAW GROUP, APC 2221 Camino del Rio S., Ste. 308 San Diego, CA 92108 Telephone: (866) 219-3343 Email: Josh@SwigartLawGroup.com - and - Daniel G. Shay, Esq. LAW OFFICE OF DANIEL G. SHAY 2221 Camino del Rio S., Ste. 308 San Diego, CA 92108 Email: DanielShay@TCPAFDCPA.com - and - Ben Travis, Esq. BEN TRAVIS LAW, APC 4660 La Jolla Village Drive, Suite 100 San Diego, CA 92122 Telephone: (619) 353-7966 Email: ben@bentravislaw.com 9199-4467 QUEBEC: Class Settlement in Natale Gets Initial Nod ------------------------------------------------------------- In the class action lawsuit captioned as MEGANNE NATALE and CHELSEA CHENG, individually and on behalf of all others similarly situated, v. 9199-4467 QUEBEC INC., d/b/a EARTH RATED, Case No. 2:21-cv-06775-JS-SIL (E.D.N.Y.), the Hon. Judge Joanna Seybert entered an order granting preliminary approval of class action settlement. The Plaintiffs Meganne Natale and Chelsea Cheng in this action have filed an unopposed motion for preliminary approval of a Class Action Settlement, conditional certification of the Settlement Class for settlement purposes, appointment of Class Counsel and Class Representatives for settlement purposes, approval of the Notice Plan for providing Class Notice, and approval of the proposed Settlement Administrator. -- Preliminary Approval of Settlement The Court preliminarily approves the Settlement, and the Settlement's terms, as fair, reasonable, and adequate under Rule 23, subject to further consideration at the Final Approval Hearing described below. The Court also preliminarily finds that the Settlement Agreement has been reached as a result of an arm’s- length negotiations of disputed claims. -- Class Definition Pursuant to Fed. R. Civ. P. 23, the Court preliminarily certifies, solely for purposes of effectuating the Settlement, the following Settlement Class: "all persons in the United States who purchased one or more units of Earth Rated Certified Compostable Poop Bags (the "Certified Compostable Poop Bags") during the class period which extends from Oct. 28, 2015, through the date of class notice, excluding persons who purchased for the purpose of resale or for purposes other than personal use. -- Class Representatives and Class Counsel The Court preliminarily appoints the law firm of Bursor & Fisher, P.A. as Class Counsel for the Settlement Class. The Court preliminarily appoints Meganne Natale and Chelsea Cheng as the Class Representatives. -- Settlement Deadlines. Event Suggested Date/Deadline Date Ordered Pursuant To Settlement By Court Motion for Final Approval 45 days prior to Final Sept. 9, 2024 of Settlement Approval Hearing Application for the Fee 45 days prior to Final Sept. 9, 2024 Award and Se1vice Awards Approval Hearing Objection/Exclusion 30 days prior to Final Sept. 23, 2024 Deadline Approval Hearing Reply in Support of Final 7 days prior to Final Oct. 16, 2024 Approval Motion and Approval Hearing responses to any objections Final Approval Hearing 132 days after Notice Oct. 23, 2024 Date, or as soon thereafter as may be heard by the Court Claims Deadline 45 days after Dec. 9, 2024 Settlement Approval Order and Final Judgment Earth Rated is an online store that sells poop bags, wipes, and compostable poop bags for pets. A copy of the Court's order dated May 14, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=m1BakU at no extra charge.[CC] ALLY BANK: Medicis Appeals Data Breach Case Dismissal to 2nd Cir. ----------------------------------------------------------------- DAVID DE MEDICIS is taking an appeal from a court order dismissing his lawsuit entitled David de Medicis, individually and on behalf of all others similarly situated, Plaintiff, v. Ally Bank, et al., Defendants, Case No. 7:21-cv-6799, in the U.S. District Court for the Southern District of New York. As previously reported in the Class Action Reporter, the lawsuit is brought against the Defendants for negligence, negligence per se, breach of implied contract, injunctive and declaratory relief, and violation of the Virginia Personal Information Breach Notification Act. According to the complaint, Ally failed to program, test, and monitor its website to adequately safeguard the security of the Plaintiff's and Class members' usernames and passwords. As a result, Ally account usernames, passwords, and other private information were accessed by unnamed third parties. Moreover, after Ally finally discovered the data breach, Ally delayed notifying the Plaintiff and Class members about the breach for almost two months, alleges the suit. On Jan. 9, 2023, the Plaintiff filed an amended complaint against the Defendants. On Apr. 20, 2023, the Defendants filed a motion to dismiss the Plaintiff's amended complaint. On Mar. 25, 2024, the Court granted the Defendants' motion to dismiss through an Order entered by Judge Nelson Stephen Roman. The Court concluded that the Plaintiff failed to establish the injury requirement for Article III standing. Accordingly, the Plaintiff's amended complaint was dismissed with prejudice. The appellate case is captioned Medicis v. Ally Bank, Case No. 24-1113, in the United States Court of Appeals for the Second Circuit, filed on April 26, 2024. [BN] Plaintiff-Appellant DAVID DE MEDICIS, individually and on behalf of all others similarly situated, is represented by: Gary Steven Graifman, Esq. KANTROWITZ, GOLDHAMER & GRAIFMAN PC 135 Chestnut Ridge Road, Suite 200 Montvale, NJ 07645 Defendants-Appellees ALLY BANK, et al. are represented by: Martin Spencer Bell, Esq. SIMPSON THACHER & BARTLETT LLP 425 Lexington Avenue New York, NY 10017 AMAZON.COM INC: Filing for Class Cert Bid in Rittmann Due July 5 ---------------------------------------------------------------- In the class action lawsuit captioned as BERNADEAN RITTMANN, et al., v. AMAZON.COM, INC., et al., Case No. 2:16-cv-01554-JCC (W.D. Wash.), the Hon. Judge John Coughenour entered an order lifting the stay and establishing the following case management deadlines, through class certification: 1. Supplemental discovery responses June 14, 2024 no later than: 2. Concurrent deadlines for motion for July 5, 2024 class certification and motion to compel arbitration file no later than: 3. Opposition briefs are due: Aug. 5, 2024 4. Reply briefs are due: Aug. 20, 2024 Amazon.com is engaged in e-commerce, cloud computing, online advertising, digital streaming, and artificial intelligence. A copy of the Court's order dated May 14, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=WihbAq at no extra charge.[CC] AMAZON.COM INC: Filing for Class Cert Bid in Waithaka Due July 5 ---------------------------------------------------------------- In the class action lawsuit captioned as BERNARD WAITHAKA, v. AMAZON.COM, INC., et al., Case No. 2:19-cv-01320-JCC (W.D. Wash.), the Hon. Judge John Coughenour entered an order lifting the stay and establishing the following case management deadlines, through class certification: 1. Supplemental discovery responses June 14, 2024 no later than: 2. Concurrent deadlines for motion for July 5, 2024 class certification and motion to compel arbitration file no later than: 3. Opposition briefs are due: Aug. 5, 2024 4. Reply briefs are due: Aug. 20, 2024 Amazon.com is engaged in e-commerce, cloud computing, online advertising, digital streaming, and artificial intelligence. A copy of the Court's order dated May 14, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=FDKxtg at no extra charge.[CC] ANAVEX LIFE: Faces Downing Class Suit Over Misleading Statement --------------------------------------------------------------- KENNETH DOWNING, individually and on behalf of all others similarly situated, Plaintiff v. ANAVEX LIFE SCIENCES CORPORATION and CHRISTOPHER U. MISSLING, Defendants, Case No. 1:24-cv-03529 (S.D.N.Y., May 8, 2024), alleges violations of the Securities Act of 1934. The Plaintiff brings this securities fraud class action on behalf of all persons who purchased or otherwise acquired Anavex stock between June 21, 2021 and January 1, 2024, inclusive. Throughout the said period, Defendants misled investors about the primary and secondary endpoints by which the Anavex Life evaluated blarcamesine as a treatment for Rett syndrome, both in adults and children, in Anavex's clinical trials, says the Plaintiff. Headquartered in New York, NY, Anavex Life Science Corp. is a clinical stage biopharmaceutical company. Shares of the its stock trade on the Nasdaq under the ticker symbol "AVXL." [BN] The Plaintiff is represented by: Radha Nagamani Raghavan, Esq. Michael Dell’Angelo, Esq. Andrew Abramowitz, Esq. James Maro, Esq. BERGER MONTAGUE PC 1818 Market Street, Suite 3600 Philadelphia, PA 19103 Telephone: (215) 875-3000 E-mail: rraghavan@bm.net mdellangelo@bm.net aabramowitz@bm.net ASR GROUP: Moretti's Ristorante Alleges Price-Fixing Conspiracy --------------------------------------------------------------- MORETTI'S RISTORANTE & PIZZERIA (SCHAUMBURG), individually and on behalf of 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. 1:24-cv-03769 (N.D. Ill., May 8, 2024) arises from Defendants' unlawful agreement to fix prices for granulated sugar in the United States. Plaintiff asserts that Defendants violated Sections 1 and 3 of the Sherman Act. To implement their price-fixing conspiracy, the Defendants exchanged detailed, competitively sensitive, non-public information about Granulated Sugar prices, capacity, sales volume, supply, and demand. As a result of Defendants' unlawful agreement, commercial indirect purchasers of Granulated Sugar in the United States and its territories, including Plaintiff and the Class members, paid supra-competitive prices for Granulated Sugar sold by Defendants in the United States and its territories beginning no later than January 1, 2019, and running through the present, says the suit. Headquartered in West Palm Beach, FL, ASR Group International Inc. produces and sells granulated sugar. It operates six sugar refineries, located in New York, California, Maryland, Louisiana, Canada and Mexico. [BN] The Plaintiff is represented by: Bradley R. Bultman, Esq. Shawn M. Raiter, Esq. LARSON · KING LLP 30 East Seventh Street, Suite 2800 St. Paul, MN 55101 Telephone: (651) 312-6500 E-mail: bbultman@larsonking.com sraiter@larsonking.com - and - Don Barrett, Esq. Sterling Aldridge, Esq. David McMullan, Esq. Katherine B. Riley, Esq. BARRETT LAW GROUP, P.A. 404 Court Square N Lexington, MS 39095 Telephone: (662) 834-2488 E-mail: dbarrett@barrettlawgroup.com saldridge@barrettlawgroup.com dmcmullan@barrettlawgroup.com kbriley@barrettlawgroup.com - and - Michael J. Flannery, Esq. CUNEO GILBERT & LADUCA, LLP Two City Place Drive,Second Floor St. Louis, MO 63141 Telephone: (314) 226-1015 E-mail: mflannery@cuneolaw.com - and - 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 E-mail: cmccracken@cuneolaw.com lmorgans@cuneolaw.com BIOGEN INC: OFPRS Seek to Certify Class Action ---------------------------------------------- In the class action lawsuit captioned as OKLAHOMA FIREFIGHTERS PENSION AND RETIREMENT SYSTEM, v. BIOGEN INC., MICHEL VOUNATSOS, AND ALISHA ALAIMO, Case No. 1:22-cv-10200-WGY (D. Mass.), the Plaintiff asks the Court to enter an order: (i) certifying this case as a class action, (ii) appointing Lead Plaintiff as Class Representative, and (iii) appointing Lead Counsel Block & Leviton, LLP as Class Counsel. The grounds for this motion are set forth in Lead Plaintiff's memorandum of law. The Declaration of Jeffrey C. Block in Support of Lead Plaintiff's Motion to Certify Class, Appoint Class Representative, and Appoint Class Counsel is attached as Exhibit 1. Biogen specializes in the discovery, development, and delivery of therapies for the treatment of neurological diseases to patients worldwide. A copy of the Plaintiff's motion dated May 10, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=Ab76rA at no extra charge.[CC] The Plaintiff is represented by: Jeffrey C. Block, Esq. Jacob A. Walker, Esq. Michael D. Gaines, Esq. Brendan Jarboe, Esq. Nathan J. Abelman, Esq. BLOCK & LEVITON LLP 260 Franklin St, Suite 1860 Boston, MA 02110 Telephone: (617) 398-5600 Facsimile: (617) 507-6020 E-mail: jeff@blockleviton.com jake@blockleviton.com michael@blockleviton.com brendan@blockleviton.com nathan@blockleviton.com BIOVENTUS INC: Ciarciello Seeks to Seal Confidential Info ---------------------------------------------------------- In the class action lawsuit captioned as ROBERT CIARCIELLO, Individually and on Behalf of All Others Similarly Situated, v. BIOVENTUS INC., KENNETH M. REALI, MARK L. SINGLETON, GREGORY O. ANGLUM, and SUSAN M. STALNECKER, Case No. 1:23-cv-00032-CCE-JEP (M.D.N.C.), the Plaintiff asks the Court to enter an order granting motion to seal information designated as confidential by the Defendants and non-parties. The Plaintiff does not support the sealing of this information and in connection with this motion. The Plaintiff states that: Plaintiff's Reply Memorandum and certain of the exhibits to the Fonti Declaration contain information designated as confidential by Defendants and non-parties who will be responsible for filing LR 5.4(c)(3) materials to support the sealed filing. Prior to filing this Motion, the Defendants' counsel and counsel for the non-parties advised the Plaintiff's counsel that the Defendants and the non-parties are maintaining their claims of confidentiality. Bioventus operates as a medical device company. A copy of the Plaintiff's motion dated May 10, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=fnbpL1 at no extra charge.[CC] The Plaintiff is represented by: Joseph A. Fonti, Esq. Nancy A. Kulesa, 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 - and - Gagan Gupta, Esq. TIN FULTON WALKER & OWEN PLLC 119 Orange Street, Floor 2 Durham, NC 27701 Telephone: (919) 307-8400 E-mail: ggupta@tinfulton.com BUFFALO WILD: Class Certification Order Entered in Machuca Suit --------------------------------------------------------------- In the class action lawsuit captioned as JONATHAN MACHUCA, v. BUFFALO WILD WINGS, INC., et al., Case No. 2:24-cv-03148-FMO-JPR (C.D. Cal.), the Hon. Judge Fernando Olguin entered an order regarding motions for class Certification. -- The parties shall work cooperatively to create a single, fully integrated joint brief covering each party's position, in which each issue (or sub-issue) raised by a party is immediately followed by the opposing party's/parties' response. -- In order for a motion for class certification to be filed in a timely manner, the meet and confer must take place no later than 35 days before the deadline for class certification motions set forth in the Court's Case Management and Scheduling Order. -- After the joint brief is filed, each party may file a supplemental memorandum of points and authorities no later than 14 days prior to the hearing date. Buffalo is an American casual dining restaurant and sports bar franchise. A copy of the Court's order dated May 13, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=ThBmEi at no extra charge.[CC] CASSAVA SCIENCES: Parties Seek Extension of Class Cert Deadlines ---------------------------------------------------------------- In the class action lawsuit Re Cassava Sciences, Inc. Securities Litigation, Case No. 1:21-cv-00751-DAE (W.D. Tex.), the Parties ask the Court to enter an order extending the deadline for: (1) Plaintiffs' opposition to the Defendants' motion to stay until May 24, 2024; (2) Defendants' opposition to the Plaintiffs' motion for class certification until June 28, 2024; and (3) Plaintiffs' reply in support of the Plaintiffs' motion for class certification until Aug. 23, 2024. The Defendants filed their motion to stay on May 10, 2024. The Plaintiffs filed their motion for class certification on March 13, 2024. The Defendants' opposition to the Plaintiffs' motion for class certification is due June 21, 2024. The Defendants also request an additional 7 days for the Plaintiffs to respond with their reply in support of the Plaintiff's motion for class certification, which will make Plaintiffs' reply due on Aug. 23, 2024. Cassava is a biotechnology company focused on Alzheimer's disease. A copy of the Parties' motion dated May 14, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=Tr9mAJ at no extra charge.[CC] The Plaintiff is represented by: Kevin A. Lavelle, Esq. Daniel S. Drosman, Esq. Rachel Jensen, Esq. Megan A. Rossi, Esq. Heather Geiger, Esq. ROBBINS GELLER RUDMAN & DOWD LLP 655 West Broadway, Suite 1900 San Diego, CA 92101 Telephone: (619) 231-1058 Facsimile: (619) 231-7423 E-mail: dand@rgrdlaw.com rachelj@rgrdlaw.com klavelle@rgrdlaw.com mrossi@rgrdlaw.com hgeiger@rgrdlaw.com - and - 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 - Charles H. Linehan, Esq. GLANCY PRONGAY & MURRAY LLP 1925 Century Park East, Suite 2100 Los Angeles, CA 90067 Telephone: (310) 201-9150 Facsimile: (310) 201-9160 E-mail: clinehan@glancylaw.com The Defendant is represented by: Gregg Costa, Esq. Trey Cox, Esq. Monica K. Loseman, Esq. Scott Campbell, Esq. John Turquet Bravard, Esq. Mary Beth Maloney, Esq. GIBSON, DUNN & CRUTCHER LLP 811 Main Street Suite 3000 Houston, TX 77002 Telephone: (346) 718-6600 Facsimile: (346) 718-6979 E-mail: gcosta@gibsondunn.com tcox@gibsondunn.com mloseman@gibsondunn.com scampbell@gibsondunn.com jturquetbravard@gibsondunn.com mmaloney@gibsondunn.com CEDARS BUSINESS: Thompson Files FDCPA Suit in N.D. Florida ---------------------------------------------------------- A class action lawsuit has been filed against Cedars Business Services, LLC. The case is styled as Brenda Thompson, individually and on behalf of all those similarly situated v. Cedars Business Services, LLC, Case No. 1:24-cv-00073-RH-MJF (N.D. Fla., May 9, 2024). The lawsuit is brought over alleged violation of the Fair Debt Collection Practices Act. Cedars Business Services -- https://cedarsbiz.com/ -- is a completely legitimate debt collecting business.[BN] The Plaintiff is represented by: Jennifer Gomes Simil, Esq. Gerald Donald Lane, Jr., Esq. LAW OFFICES OF JIBRAEL S. HINDI, PLLC 110 SE 6th Street, Suite 1700 Fort Lauderdale, FL 33301 Phone: (754) 444-7539 Email: jen@jibraellaw.com gerald@jibraellaw.com CENTENNIAL BANK: Barfield Files Suit in E.D. Arkansas ----------------------------------------------------- A class action lawsuit has been filed against Centennial Bank. The case is styled as Dennis Barfield, individually and on behalf of all others similarly situated v. Centennial Bank doing business as: Happy State Bank, Case No. 4:24-cv-00415-JM (E.D. Ark., May 10, 2024). The nature of suit is stated as Other P.I. for Personal Injury. Centennial Bank is a customer focused bank that provides a broad range of commercial and retail banking and related financial services to businesses, investors, individuals and municipalities.[BN] The Plaintiff is represented by: Christopher D. Jennings, Esq. JENNINGS PLLC Post Office Box 25972 Little Rock, AR 72221 Phone: (501) 247-6267 Email: chris@jenningspllc.com - and - Danielle Perry, Esq. Gary E. Mason, Esq. Lisa A. White, Esq. MASON LLP 5335 Wisconsin Avenue, NW, Suite 640 Washington, DC 20015 Phone: (202) 429-2290 Fax: (202) 429-2294 Email: gmason@masonllp.com CENTRAL BANK: Rutherford Suit Hits Profiteering Scheme ------------------------------------------------------- SAMUEL C. RUTHERFORD III, individually and on behalf of all others similarly situated, Plaintiff v. CENTRAL BANK OF KANSAS CITY, Defendant, Case No. 3:24-cv-05299-TLF (W.D. Wash., April 18, 2024) is a class action against the Defendant for conversion, unjust enrichment, and for violation of the Electronic Fund Transfer Act and the Washington Consumer Protection Act. Working with Stored Value Cards, Inc. d/b/a Numi Financial, Defendant CBKC exploited Plaintiff Rutherford and members of the class during the chaotic and confusing times that they were arrested, detained, and released from custody, notes the complaint. When individuals are arrested and detained, detention facilities confiscate their personal property, including cash. Numi and CBKC saw the opportunity to make money from this straightforward transaction, solely at the expense of those released, says the suit. In order to implement this scheme, Defendant CBKC arranges for money obtained from Plaintiff Rutherford and the members of the class to be transferred to its accounts without their consent or knowledge. Specifically, the Defendant has engaged in a pattern of unlawful, deceptive, unfair, and unconscionable profiteering in seizing money from releasees, transferring that money to an account controlled by CBKC, and then issuing an unrequested activated prepaid release card to individuals released from jails and prisons, the suit alleges. Central Bank of Kansas City is a state-chartered bank based in Kansas City, Missouri. Defendant CBKC has contracted with Numi to issue prepaid debit cards nationwide.[BN] The Plaintiff is represented by: Chris R. Youtz, Esq. Richard E. Spoonemore, Esq. Eleanor Hamburger, Esq. SIRIANNI YOUTZ SPOONEMORE HAMBURGER PLLC 3101 Western Avenue, Suite 350 Seattle, WA 98121 Telephone: (206) 223-0303 Facsimile: (206) 223-0246 E-mail: chris@sylaw.com rick@sylaw.com rick@sylaw.com CIMAREX ENERGY: Sagacity Seeks Final Approval of Settlement ------------------------------------------------------------ In the class action lawsuit captioned as SAGACITY, INC.; THE DUNCAN GROUP, LLC; AND HITCH ENTERPRISES, INC., on behalf of themselves and a class of similarly situated persons, v. CIMAREX ENERGY CO.; MAGNUM HUNTER PRODUCTION, INC.; PRIZE ENERGY RESOURCES, INC.; CIMAREX ENERGY CO. OF COLORADO; KEY PRODUCTION COMPANY, INC., Case No. 6:17-cv-00101-GLJ (E.D. Okla.), the Class Representatives request that the Court enter the proposed Judgment as follows: (1) final certification of the Settlement Class; (2) final approval of the Settlement as fair, reasonable, and adequate, and in the best interests of the Settlement Class; and (3) final approval of the Notice to Class Members. The Court certified the following Settlement Class: "All royalty owners in Oklahoma wells (a) operated and leased by Cimarex Energy Co., (b) operated by Cimarex Energy Co. of Colorado, Inc. and leased by Prize Energy Resources, Inc. or Magnum Hunter Production, Inc., and (c) operated or leased by Key Production Company, Inc. that have produced gas or gas constituents (such as residue gas or natural gas liquids) from Jan. 1, 2013, to Nov. 30, 2023." Excluded from the Class are: (1) the Mineral Management Service (Indian tribes and the United States) and the State and Counties of Oklahoma; (2) Defendants, their affiliates, and employees, officers and directors; (3) Any NYSE or NASDAQ listed company (and its subsidiaries) engaged in oil and gas exploration, gathering, processing, or marketing; (4) royalty owners who have already filed and still have pending lawsuits for underpayment of royalties against Defendants, including: Fortis Minerals II, LLC, Fortis Sooner Trend, LLC, FMII STM, LLC, Sooner Trend Minerals, LLC, and Phenom Minerals, LLC; (5) all royalty owners that expressly authorized in their leases the deduction of processing costs from royalties; and (6) all royalty owners to the extent their wells are both subject to the class action settlement in Chieftain Royalty Co. v. QEP Energy, Case No. 5:11-cv-00212-R, and the well was subsequently acquired by Defendants or any of their affiliates. On March 4, 2024, the Court issued an order preliminarily approving the Settlement, approving the Form and Manner of Notice, and setting a date of June 7, 2024, for the Final Fairness Hearing. Cimarex was a company engaged in hydrocarbon exploration, particularly shale oil and gas drilling. A copy of the Plaintiffs' motion dated May 10, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=wSjG0S at no extra charge.[CC] The Plaintiffs are represented by: Rex A. Sharp, Esq. Scott B. Goodger, Esq. SHARP LAW, LLP 4820 W. 75th Street Prairie Village, KS 66208 Telephone: (913) 901-0505 E-mail: rsharp@midwest-law.com sgoodger@midwest-law.com CITY NATIONAL: King Suit Seeks Unpaid Wages for Mortgage Brokers ---------------------------------------------------------------- BRADLEY KING, DAVID HAGER, and SHARON PEACOCK, individually and on behalf of all others similarly situated, Plaintiffs v. CITY NATIONAL BANK OF FLORIDA, Defendant, Case No. 1:24-cv-21733 (S.D. Fla., May 3, 2024) is a class action against the Defendant for failure to pay minimum wages, including overtime, in violation of the Fair Labor Standards Act and the Florida Minimum Wage Act. Plaintiffs King, Hager, and Peacock worked for the Defendant as vice presidents/mortgage brokers from February 2022 to August 2023, from July 2022 to September 2023, and from July 2021 to September 2023, respectively. City National Bank of Florida is an insurance service company headquartered in Miami-Dade County, Florida. [BN] The Plaintiffs are represented by: Marc A. Silverman, Esq. FRANK WEINBERG BLACK, P.L. 7805 SW 6th Court Plantation, FL 33324 Telephone: (954) 474-8000 Email: msilverman@fwblaw.net - and - Robert D. Soloff, Esq. ROBERT D. SOLOFF, P.A. 7805 SW 6th Court Plantation, FL 33324 Telephone: (954) 472-0002 Email: robert@solofflaw.com - and - Justin L. Swidler, Esq. SWARTZ SWIDLER, LLC 9 Tanner Street, Suite 101 Haddonfield, NJ 08033 Telephone: (856) 685-7420 Email: jswidler@swartz-legal.com CITY OF HOPE: De Rivera Sues Over Failure to Secure PII ------------------------------------------------------- Joseph De Rivera, Irwin Ojeda, and D'amileau Baulk, individually and on behalf of a class of all others similarly situated v. CITY OF HOPE NATIONAL MEDICAL CENTER d/b/a CITY OF HOPE, Case No. 2:24-cv-03573 (C.D. Cal., April 30, 2024), is brought against the Defendant for its failure to adequately secure and safeguard their and at least 827,149 total individuals' personally identifying information ("PII") and protected health information ("PHI"), including names, email addresses, phone numbers, dates of birth, Social Security numbers, driver's licenses or other government identifications, financial details such as bank account numbers and credit card information, health insurance information, medical records and medical histories, including medical conditions, among other potentially sensitive, private, and confidential data. Between September 19, 2023 and October 12, 2023, City of Hope lost control over this highly sensitive and confidential PII and PHI of Plaintiffs and the Class Members in a massive and preventable data breach apparently perpetrated by cybercriminals (the "Data Breach"). According to City of Hope, on October 13, 2023, it "became aware of suspicious activity on a subset of its systems. City of Hope has not explained what, if anything, it did to cut off the bad actors' access to its systems, but claims to have "immediately instituted mitigation measures to minimize and contain any disruption to its operations." The Data Breach was directly and proximately caused by City of Hope's failure to implement and maintain reasonable and industry-standard data security practices necessary to protect its systems from a foreseeable and preventable cyberattack. Through this wrongful conduct, the sensitive PII and PHI of more than 820,000 individuals is now in the hands of cybercriminals, who target this sensitive data for its value to identity thieves. Plaintiffs and Class Members are now at a significantly increased and impending risk of fraud, identity theft, and similar forms of criminal mischief—risks which may last the rest of their lives. Consequently, Plaintiffs and Class Members must devote substantially more time, money, and energy to protect themselves, to the extent possible, from these crimes. Moreover, Plaintiffs and Class Members have lost the inherent value of their private data. Despite the Data Breach being first detected on October 13, 2023, City of Hope only began notifying some impacted persons nearly two months later, on December 14, 2023. However, the bulk of the Data Breach notices issued much later, around April 2, 2024--more than five months after City of Hope learned of the Data Breach. This significant delay exacerbated the damages and risks to Class Members, and violated various state data breach notification statutes and rules promulgated under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), says the complaint. The Plaintiffs are all Data Breach victims. City of Hope is National Cancer Institute-designated comprehensive cancer center with research and treatment facilities located in California, Arizona, Illinois, and Georgia.[BN] The Plaintiffs are represented by: Robert C. Schubert, Esq. Dustin L. Schubert, Esq. Amber L. Schubert, Esq. SCHUBERT JONCKHEER & KOLBE LLP 2001 Union St., Suite 200 San Francisco, CA 94123 Phone: (415) 788-4220 Fax: (415) 788-0161 Email: rschubert@sjk.law dschubert@sjk.law aschubert@sjk.law COATES FIELD: Herschbach Seeks Unpaid OT for Right of Way Agents ---------------------------------------------------------------- CHADWICK HERSCHBACH, individually and on behalf of all others similarly situated, Plaintiff v. COATES FIELD SERVICE, INC., Defendant, Case No. 5:24-cv-00446-HE (W.D. Okla., May 2, 2024) is a class action against the Defendant for failure to pay overtime wages in violation of the Fair Labor Standards Act. Mr. Herschbach was employed by the Defendant as a Right of Way (ROW) agent from approximately November 2016 until April 2023. Coates Field Service, Inc. is a land acquisition and right of way services provider headquartered in Oklahoma City, Oklahoma. [BN] The Plaintiff is represented by: 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 COLGATE-PALMOLIVE: Class Cert Bid Filing Due March 14, 2025 ----------------------------------------------------------- In the class action lawsuit captioned as Schneider, et al., v. Colgate-Palmolive Company, et al., Case No. 5:22-cv-01294 (N.D.N.Y., Filed Dec. 5, 2022), the Hon. Judge David N. Hurd entered an order granting an extension of deadlines to allow the parties to conduct mediation before expert disclosure is served. -- Plaintiff's Expert Disclosure Deadline is: Oct. 17, 2024 -- Defendants' Expert Disclosure Deadline is: Nov. 29, 2024 -- Rebuttal Expert Disclosure Deadline is: Dec. 30, 2024 -- Discovery due by: Jan. 31, 2025 -- Discovery Motions due: Feb. 14, 2025 -- Class Certification and Daubert Motions March 14, 2025 due by: -- Mediation deadline reset to 9/30/2024. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 5/10/2024. (sg ) The nature of suit states Torts -- Personal Property -- Other Fraud. Colgate-Palmolive is an American multinational consumer products company.[CC] COMIC STRIP: Inostroza Sues Over Unpaid Wages and Tip Deductions ---------------------------------------------------------------- ROMINA MORALES INOSTROZA, on behalf of herself and all others similarly situated, Plaintiff v. JEAN TIENKEN and COMIC STRIP PROMOTIONS, INC., Defendants, Case No. 1:24-cv-03400 (S.D.N.Y., May 2, 2024) is a class action against the Defendants for violations of the Fair Labor Standards Act and the New York Labor Law including failure to pay minimum wages, unlawful tip retention and deductions, failure to provide a wage notice and accurate wage statements. The Plaintiff was employed by the Defendants as a server at the Comic Strip from December 10, 2022 to June 15, 2023. Comic Strip Promotions, Inc. is the owner and operator of the Comic Strip restaurant located at 1568 2nd Ave., New York, New York. [BN] The Plaintiff is represented by: Jeffrey E. Goldman, Esq. THE LAW OFFICES OF JEFFREY E. GOLDMAN 260 Madison Ave., 15th Floor New York, NY 10016 Telephone: (212) 983-8999 Facsimile: (646) 693-2289 CONTINENTAL AKTIENGESELLSCHAFT: Wallace Sues Over Tire Price-Fixing ------------------------------------------------------------------- WILLIAM WALLACE; MATT MONTROSS; BENJAMIN ROBERTS; individually and on behalf of all others similarly situated, Plaintiffs v. CONTINENTAL AKTIENGESELLSCHAFT; CONTINENTAL TIRE THE AMERICAS, LLC; COMPAGNIE GENERALE DES ETABLISSEMENTS; MICHELIN NORTH AMERICA, INC.; NOKIAN TYRES PLC; NOKIAN TYRES INC; NOKIAN TYRES U.S. OPERATIONS LLC; THE GOODYEAR TIRE & RUBBER COMPANY; PIRELLI & C. S.P.A.; PIRELLI TIRE LLC; BRIDGESTONE CORPORATION; BRIDGESTONE AMERICAS, INC.; AND DOES 1-100, Defendants, Case No. 5:24-cv-00702-SL (N.D. Ohio, April 18, 2024) seeks to represent a Class of individuals that purchased tires directly from Defendants at supracompetitive prices to recover damages, injunctive relief, and other relief as is appropriate, based on Defendants violation of federal and state antitrust and consumer protection laws. Beginning no later than January 1, 2020, and continuing until the effects of their anticompetitive conduct have ceased, the Defendants conspired to fix, raise, maintain, or stabilize prices for new replacement tires for passenger cars, SUVs, vans, trucks, and buses (collectively, "Tires") sold in the United States. The agreement was effectuated by, among other means, implementing parallel price increases that were signaled during earnings calls and other public statements; using revenue management software to track competitors' information; and participating in annual industry meetings and coordinating supply reductions to keep prices artificially high, says the suit. As a direct result of Defendants' conspiracy, the Plaintiffs and the Class purchased tires from Defendants at artificially inflated prices and were thereby directly injured in their business or property, the suit alleges. Continental Aktiengesellschaft is a tire manufacturer in the United States and around the world.[BN] The Plaintiffs are represented by: Michelle L. Kranz, Esq. ZOLL & KRANZ, LLC 6620 W. Central Ave., Suite 100 Toledo, OH 43617 Telephone: (419) 841-9623 Facsimile: (419) 841-9719 E-mail: michelle@toledolaw.com - and - Timothy D. Battin, Esq. Christopher V. Le, Esq. Joshua Q. Callister, Esq. BOIESBATTIN LLP 4041 University Drive, 5th Floor Fairfax, VA 22030 Telephone: (703) 764-8700 Facsimile: (703) 764-8704 E-mail: tbattin@boiesbattin.com cle@boiesbattin.com jcallister@boiesbattin.com - and - Daniel Zemans, Esq. LAW OFFICES OF DANIEL ZEMANS, LLC 2023 W. Berteau Ave. Chicago, IL 60618 Telephone: (773) 706-7767 E-mail: dzemans@zemans-law.com DOCTORS SCIENTIFIC: Faye Sues Over Protein Bars' False Ads ---------------------------------------------------------- BRANDON FAYE, individually and on behalf of all those similarly situated, Plaintiff v. DOCTORS SCIENTIFIC ORGANICA, LLC dba Smart for Life, a Florida limited liability company, Defendant, Case No. 9:24-cv-80593-DSL (S.D. Fla., May 8, 2024) alleges that the Defendant's Smart for Life Gourmet Protein Bars, Smart for Life Keto Protein Bar, and Smart for Life Protein Bars are misbranded and falsely advertised because they contain far fewer grams of protein per serving than stated upon their labels and asserts claims for unjust enrichment, breach of express warranty, and for violations of the Florida Unfair and Deceptive Trade Practices Act. The front label of these products state that they contain between 12 and 20 grams of protein per bar. However, AOAC method testing by an independent, third-party laboratory reveals that the protein content in the Products is overstated, with the shortfalls ranging from 6% for the strawberry shortcake bar to 22% for the lemoncello bar. Because of its deceptive and false labeling statements, Defendant was able to charge consumers, including Plaintiff, a premium for the products relative to key competitors' products, or relative to the average price charged in the marketplace, says the suit. Headquartered in Riviera Beach, FL, Doctors Scientific Organica LLC manufactures and sells nutraceuticals including protein bars. [BN] The Plaintiff is represented by: William J. Cook, Esq. COOK LAW, P.A. 610 E. Zack Street, Suite 505 Tampa, FL 33602 Telephone: (813) 489-1001 Facsimile: (813) 489-1008 E-mail: wcook@cooklaw.com susan@cooklaw.com - and - Charles C. Weller, Esq. CHARLES C. WELLER, APC 11412 Corley Court San Diego, CA 92126 Telephone: (858) 414-7465 E-mail: legal@cweller.com EDUCATIONAL COMPUTER: Hood Alleges Failure to Secure Clients' Info ------------------------------------------------------------------ JOEL HOOD, on behalf of himself and all others similarly situated, Plaintiff v. EDUCATIONAL COMPUTER SYSTEMS, INC. d/b/a HEARTLAND ECSI, Defendant, Case No. 2:24-cv-00666-CCW (W.D. Pa., May 3, 2024) is a class action against the Defendant for negligence, negligence per se, unjust enrichment, breach of implied contract, unjust enrichment, and invasion of privacy. 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 between October 29, 2023, and February 12, 2024. 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. Educational Computer Systems, Inc., doing business as Heartland ECSI, is a student loan and tax servicing company located in Coraopolis, Pennsylvania. [BN] The Plaintiff is represented by: Glen L. Abramson, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC 800 S. Gay Street, Suite 1100 Knoxville, TN 37929 Telephone: (866) 252-0878 Email: gabramson@milberg.com - and - David K. Lietz, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 5335 Wisconsin Avenue NW Washington, DC 20015 Telephone: (866) 252-0878 Facsimile: (202) 686-2877 Email: dlietz@milberg.com - and - Daniel O. Herrera, Esq. Nickolas J. Hagman, Esq. CAFFERTY CLOBES MERIWETHER & SPRENGEL LLP 135 S. LaSalle, Suite 3210 Chicago, IL 60603 Telephone: (312) 782-4880 Facsimile: (312) 782-4485 Email: dherrera@caffertyclobes.com nhagman@caffertyclobes.com EISAI INC: Gibriano Appeals Suit Dismissal to 3rd Circuit --------------------------------------------------------- AMY GIBRIANO is taking an appeal from a court order dismissing her lawsuit entitled Amy Gibriano, individually and on behalf of all others similarly situated, Plaintiff, v. Eisai Inc., et al., Defendants, Case No. 2-21-cv-19937, in the U.S. District Court for the District of New Jersey. The suit is brought over the Defendants' manufacturing and distribution of the weight loss medications Belviq and Belviq XR medications that exposed unknowing users to a significantly elevated risk of cancer such that the U.S. Food and Drug Administration (FDA) required that the products be withdrawn from the market because the risk of taking the medication outweighed its benefit. On Sept. 8, 2022, the Plaintiff filed an amended complaint against the Defendants. On Oct. 24, 2022, the Defendants filed a motion to dismiss the Plaintiff's amended complaint, which the Court granted through an Order entered by Judge Julien Xavier Neals on Mar. 31, 2024. The appellate case is captioned Amy Gibriano v. Eisai Inc., et al., Case No. 24-1745, in the United States Court of Appeals for the Third Circuit, filed on April 25, 2024. [BN] Plaintiff-Appellant AMY GIBRIANO, individually and on behalf of all others similarly situated, is represented by: Joshua D. Arisohn, Esq. Philip L. Fraietta, Esq. BURSOR & FISHER 1330 Avenue of the Americas, 32nd Floor New York, NY 10019 Telephone: (646) 837-7103 (646) 837-7150 Defendant-Appellees EISAI INC., et al. are represented by: Kaitlyn E. Stone, Esq. Michael C. Zogby, Esq. BARNES & THORNBURG 1776 On The Green 67 East Park Place, Suite 1000 Morristown, NJ 07960 Telephone: (973) 775-6103 (973) 775-6110 - and - Stephen C. Matthews, Esq. DLA PIPER 1555 Zion Road, Suite 202 Northfield, NJ 08225 Telephone: (973) 520-2550 EPIC AIRCRAFT: Hanney Class Certification Bid OK'd -------------------------------------------------- In the class action lawsuit captioned as BRUNO HANNEY; and PAUL TAYLOR, individually and on behalf of all other similarly situated, v. EPIC AIRCRAFT, LLC, a Delaware limited liability company, Case No. 6:21-cv-01199-MK (D. Or.), the Hon. Judge Michael McShane entered an order granting Plaintiff's motion for class certification. -- The Defendant's motion to deny class certification and motion to strike is denied. The Court agrees with the F&R that the numerosity requirement under Rule 23(a)(1) is satisfied. In summary, alternative methods for resolving this dispute are inferior because of the likely difficulties in managing these cases individually. The superiority requirement is therefore satisfied. Accordingly, Judge Kasubhai correctly determined that the personal or resale motive under the UTPA was an "orthogonal" issue that did not defeat "the clear existence of shared legal claims" for purposes of class certification. Epic is a general aviation aircraft manufacturer. A copy of the Court's order dated May 10, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=EKyLDQ at no extra charge.[CC] EXECU SEARCH: Brain Seeks Conditional Class Certification --------------------------------------------------------- In the class action lawsuit captioned as KATIE BRAIN, Individually and for Others Similarly Situated, v. THE EXECU |SEARCH GROUP, LLC., Case No. 1:22-cv-08219-MKV (S.D.N.Y.), the Plaintiff will move the Court to enter an Order granting conditional class certification and court-authorized notice pursuant to the Fair Labor Standards Act (FLSA). Execu|Search was founded in 1985 as a recruitment firm focused on serving accounting firms, boutique hedge funds, and private equity funds. A copy of the Plaintiff's motion dated May 10, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=C3P82c at no extra charge.[CC] The Plaintiff is represented by: Michael A. Josephson, Esq. Andrew Dunlap, Esq. Alyssa J. White, 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 awhite@mybackwages.com - and - Richard J. (Rex) Burch, Esq. BRUCKNER BURCH PLLC 11 Greenway Plaza, Suite 3025 Houston, TX 77046 Telephone: (713) 877-8788 Facsimile: (713) 877-8065 E-mail: rburch@brucknerburch.com - and - Dana M. Cimera, Esq. Joseph A. Fitapelli, Esq. FITAPELLI & SCHAFFER, LLP 28 Liberty Street, 30th Floor New York, NY 10005 Telephone: (212) 300-0375 FIRST AMERICAN: Kimble Seeks Final Approval of Class Settlement --------------------------------------------------------------- In the class action lawsuit captioned as MARCIA KIMBLE, individually, and on behalf of all others similarly situated, v. FIRST AMERICAN HOME WARRANTY CORP. and FIVESTRATA LLC, Case No. 2:23-cv-10037-DML-EAS (E.D. Mich.), the Plaintiff asks the Court to enter an order granting her unopposed motion for final approval of a class action settlement. (1) granting final approval and find that the requirements of Rule 23 remain satisfied for settlement purposes; (2) entering final judgment in favor of Plaintiff and the settlement class consistent with the terms of the Agreement; and (3) directing the Administrator to distribute the settlement fund in accordance with the terms of the Settlement. The elements of Rule 23(a), (b) and (e) remain satisfied at this stage of final approval. The class action settlement was previously preliminarily approved by the Court as "adequate, reasonable, and fair to the class," and to be as such. On Jan. 19, 2024, the Court granted Plaintiff's motion and preliminarily certified the following class: "The 21,953 persons identified by the records of FiveStrata whose telephone numbers were registered in the National Do-Not- Call Registry and such persons were called by FiveStrata on behalf of First American." A copy of the Plaintiff's motion dated May 14, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=FZ5mhE at no extra charge.[CC] The Plaintiff is represented by: Christopher E. Roberts, Esq. BUTSCH ROBERTS & ASSOCIATES LLC 7777 Bonhomme Avenue, Suite 1300 Clayton, MO 63105 Telephone: (314) 863-5700 Facsimile: (314) 863-5711 E-mail: croberts@butschroberts.com - and - Jacob U. Ginsburg, Esq. KIMMEL & SILVERMAN, P.C. 30 East Butler Ave. Ambler, PA 19002 Telephone: (267) 468-5374 Facsimile: (877) 788-2864 E-mail: jginsburg@creditlaw.com teamkimmel@creditlaw.com FLAGSTAR BANK: Class Cert Filing in Saucedo Extended to June 20 --------------------------------------------------------------- In the class action lawsuit captioned as Saucedo v. Flagstar Bank, FSB et al., Case No. 5:22-cv-04891 (N.D. Cal., Filed Aug. 26, 2022), the Hon. Judge P. Casey Pitts entered an order granting in part the plaintiff's administrative motion to continue the class certification filing deadline. -- The Court grants the motion in part and continues the class certification filing deadline from May 10, 2024, to June 20, 2024, one week after the June 13, 2024 hearing on the motion for leave to narrow the class definition. -- No further extensions will be granted. Defendant's response deadline to the class certification motion is July 25, 2024, and plaintiff's reply deadline in support of the class certification motion is Aug. 29, 2024. -- The hearing on the class certification motion is rescheduled to Sept. 26, 2024. The nature of suit states Torts -- Personal Property -- Other Personal Property Damage. The suit alleges violation of the Fair Credit Reporting Act. Flagstar operates as a full-service bank.[CC] FLORISSANT, MO: Class Action Settlement in Baker Gets Final Nod ---------------------------------------------------------------- In the class action lawsuit captioned as THOMAS BAKER, et al., Individually and on behalf of all others similarly situated, v. CITY OF FLORISSANT, Case No. 4:16-cv-01693-RHH (E.D. Mo.), the Hon. Judge Rodney Holmes entered an order granting the Plaintiffs' motion for final approval of Class Action Settlement and for an award of attorneys' fees, costs, and service awards A. The Settlement Agreement is given final approval as fair, reasonable, and adequate for the settlement of the claims of the Class Members. B. The Remaining Paid Fines Class is certified under Rule 23(a), (b)(3), Federal Rules of Civil Procedure, for settlement purposes only. Plaintiff Nicole Bolden is appointed as Class Representative to represent the Remaining Paid Fines Class. Nathaniel Carroll, Maureen Hanlon, and Blake Strode of Arch City Defenders, Inc.; Andrea R. Gold of Tycko & Zavareei LLP; and Ryan Keane of Keane Law LLC are appointed as Class Counsel for the Remaining Paid Fines Class. The four Settlement Classes are defined as: The two Jailed Classes, which include: "All persons held in the City of Florissant jail on behalf of the City of Florissant for failure to satisfy a bond, fine, fee (excluding "warrant recall fees", "letter fees", and/or "failure to appear fees", as defined in Watkins v. City of Florissant, No. 16SL-CC00165 (St. Louis Co. Cir. Ct. filed Jan. 2016)), surcharge, and/or costs without (1) an indigency hearing, (2) a finding that they were a flight risk, or (3) a finding that they were a danger to the community from Oct. 31, 2011 to Feb. 1, 2023 (excluding individuals jailed pursuant to a domestic violence hold)." "All persons held in the City of Florissant jail, between Oct. 31, 2011 to Feb. 1, 2023, on a Failure to Appear warrant for the City of Florissant who were not brought before a judge for a first appearance or arraignment. This class also does not include individuals jailed pursuant to a domestic violence hold." The Narrowed Paid Fines Class: "All persons who paid fines and/or fees to the City of Florissant (excluding "warrant recall fees", "letter fees", and/or "failure to appear fees", as defined in Watkins v. City of Florissant, No. 16SL-CC00165 (St. Louis Co. Cir. Ct. filed Jan. 2016)) after being jailed on a warrant issued by Florissant and without an indigency hearing from Oct. 31, 2011 to Feb. 1, 2023." The Remaining Paid Fines Class: "All persons who made a payment of fines, costs, and/or fees to the City of Florissant that were assessed without an inquiry into their ability to pay, and who paid such fines, costs, and/or fees, and such payment was not a qualifying payment for the Narrowed Paid Fines Class." On May 13, 2024, the Court held a final approval hearing to consider the issues presented in the motions and proposed settlement. At that hearing, Class Counsel presented information about the implementation of the Settlement, which was entered into by the Parties on Sept. 20, 2023. On Jan. 2, 2024, this Court preliminarily approved this Settlement. Florissant is a middle-class, second-ring northern suburb of St. Louis. A copy of the Court's order dated May 13, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=ee5ufE at no extra charge.[CC] FOUR SEASONS: Staley Seeks to Certify Class Action -------------------------------------------------- In the class action lawsuit captioned as SELENA STALEY, VIVIAN HOLMES, and OLIVE IVEY, on behalf of themselves and all others similarly situated, v. FOUR SEASONS HOTELS AND RESORTS, HOTEL 57 SERVICES, LLC, HOTEL 57, LLC, TY WARNER HOTELS & RESORTS LLC, and H. TY WARNER, Case No. 1:22-cv-06781-JSR (S.D.N.Y.), the Plaintiffs will move this Court before Hon. Jed S. Rakoff, for an Order: (1) under Federal Rule of Civil Procedure 23 granting class certification, (2) certifying the Plaintiffs as class representatives, (3) appointing Plaintiffs' attorneys, Brian Bromberg, Evan Brustein, and Maya Risman, as class counsel; and (4) granting such other and further relief as the Court deems just and proper. The Court will hold oral argument, which may include an evidentiary hearing, on the Plaintiffs' motion for class cCertification on June 20, 2024, at 4:30 p.m. in Courtroom 14B. Four Seasons is a luxury hotel chain founded in 1960. A copy of the Plaintiffs' motion dated May 10, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=pKJNmM at no extra charge.[CC] The Plaintiffs are represented by: Brian L. Bromberg, Esq. BROMBERG LAW OFFICE, P.C. 352 Rutland Road, No.1 Brooklyn, NY 11225 Telephone: (212) 248-7906 E-mail: brian@bromberglawoffice.com - and - Evan Brustein, Esq. BRUSTEIN LAW PLLC 299 Broadway, 17th Floor New York, NY, 10007 Telephone: (212) 233-3900 E-mail: evan@brusteinlaw.com - and - Maya Risman, Esq. RISMAN & RISMAN, P.C. 299 Broadway, Ste Fl. 17 New York, NY 10007 Telephone: (212) 233-6400 E-mail mrisman@risman-law.com GERBER PRODUCTS: Court Lifts Stay in Howard Class Action --------------------------------------------------------- In the class action lawsuit captioned as Howard v. Gerber Products Company, Case No. 3:22-cv-04779 (N.D. Cal., Filed Aug. 19, 2022), the Hon. Judge Vince Chhabria entered an order lifting stay, in light of the Ninth Circuit's recent decision to deny the Rule 23(f) petition in the Hain Celestial case. -- A case management conference is set for May 24, 2024, to reset the class certification briefing schedule. -- A joint case management statement proposing a briefing schedule is due May 17, 2024. -- The CMS does not need to follow the format prescribed by the local rules. The nature of suit states Torts -- Personal Property -- Other Fraud. Gerber is an American purveyor of baby food and baby products.[CC] GLEN MILLS: Derrick Loses Class Certification Bid -------------------------------------------------- In the class action lawsuit captioned as DERRICK, et al., v. GLEN MILLS SCHOOLS, et al., Case No. 2:19-cv-01541-HB (E.D. Pa.), the Hon. Judge Harvey Bartle III entered an order: -- denying the Motion of the Plaintiffs for Class Certification and appointment of Class Representatives and Class Counsel; and -- dismissing the Defendant Theodore Dallas, the former Secretary of the Pennsylvania Department of Human Services in his individual capacity. Glen Mills was established in 1826 as a boarding school for adjudicated juveniles and other troubled youth. A copy of the Court's order dated May 13, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=tyZfKw at no extra charge.[CC] GLOBAL E-TRADING: Sihler Seeks to Certify Class of Consumers ------------------------------------------------------------ In the class action lawsuit captioned as JANET SIHLER, Individually and On Behalf of All Others Similarly Situated; CHARLENE BAVENCOFF, Individually and On Behalf of All Others Similarly Situated, v. GLOBAL E-TRADING, LLC DBA CB911, GARY CARDONE, MONICA EATON, Case No. 8:23-cv-01450-VMC-UAM (M.D. Fla.), the Plaintiffs ask the Court to enter an order: -- certifying the proposed class consisting of "All consumers in the United States who, within the applicable statute of limitations period until the date notice is disseminated, were billed for shipments of either three bottles or five bottles of Ultrafast Keto Boost, Insta Keto, or InstantKeto"; -- appointing the Plaintiffs as the Class Representatives; and -- appointing Jordan Wagner of Kibbey Wagner and Kevin Kneupper, A. Cyclone Covey, A. Lorraine Weekes, and Anthony Sampson of Kneupper & Covey, PC as Class Counsel. This action is about holding Chargebacks911, its CEO (Monica Eaton) and its former CEO (Gary Cardone) accountable for their roles in keeping a massive online Keto diet pill scam (the "Keto Racket") profitable, viable, and undetected while it victimized the Plaintiffs and tens of thousands of other consumers across the country. The Keto Racket made millions of dollars by using false promises of "free" Keto diet pill bottles to collect consumers' payment card information and then charge them for the "free" bottles alongside those they'd agreed to pay for. CB911 is the original chargeback management company with solutions to prevent chargebacks before they happen and fight chargebacks once they do. A copy of the Plaintiffs' motion dated May 10, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=7WOJVW at no extra charge.[CC] The Plaintiffs are represented by: Jordan Wagner, Esq. KIBBEY WAGNER PLLC 73 SW Flagler Ave Stuart, FL 34994-2140 Telephone: (772) 444-7000 E-mail: jwagner@kibbeylaw.com - and - A. Cyclone Covey, Esq. Kevin M. Kneupper, Esq. A. Lorraine Weekes KNEUPPER & COVEY, PC 17011 Beach Blvd Suite 900, Huntington Beach, CA 92647 Telephone: (657) 845-3100 E-mail: cyclone@kneuppercovey.com kevin@kneuppercovey.com lorraine@kneuppercovey.com GLOBAL E-TRADING: Sihler Seeks to Seal Class Cert Exhibits ---------------------------------------------------------- In the class action lawsuit captioned as JANET SIHLER, Individually and On Behalf of All Others Similarly Situated; CHARLENE BAVENCOFF, Individually and On Behalf of All Others Similarly Situated, v. GLOBAL E-TRADING, LLC DBA CHARGEBACKS911, GARY CARDONE, MONICA EATON, Case No. 8:23-cv-01450-VMC-UAM (M.D. Fla.), the Plaintiffs ask the Court to enter an order directing that the Subject Materials, other than Exhibits B and F, may be filed in the public docket, unredacted. The Plaintiffs further request that the court grant this Motion to Seal as to Exhibits B and F to Plaintiffs' Motion for Class Certification and the portions of their memorandum in support of Plaintiffs' motion for class certification that quote from or summarize those Exhibits. Alternatively, the Plaintiffs request that the Court grant this motion to seal and grant the Plaintiffs leave to file under seal the Subject Materials, i.e., Exhibits B, C, F, G, H, I, J, L, M, N, O, V, W, X, Y, Z, AA, AB, and AC and all portions of the Plaintiffs' Motion for Class Certification that quote from or paraphrase them. The filing of the Subject Materials is necessary because they support the Plaintiffs' request for class certification by illustrating the common legal and factual issues that underpin proposed class members' legal claims. The Plaintiffs initiated this action on June 28, 2023. On May 10, 2024, the Plaintiffs moved for class certification. CB911 is the original chargeback management company with solutions to prevent chargebacks before they happen and fight chargebacks once they do. A copy of the Plaintiffs' motion dated May 10, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=kOSlK3 at no extra charge.[CC] The Plaintiffs are represented by: Jordan Wagner, Esq. KIBBEY WAGNER PLLC 73 SW Flagler Ave Stuart, FL 34994-2140 Telephone: (772) 444-7000 E-mail: jwagner@kibbeylaw.com - and - A. Cyclone Covey, Esq. Kevin M. Kneupper, Esq. A. Lorraine Weekes KNEUPPER & COVEY, PC 17011 Beach Blvd Suite 900, Huntington Beach, CA 92647 Telephone: (657) 845-3100 E-mail: cyclone@kneuppercovey.com kevin@kneuppercovey.com lorraine@kneuppercovey.com HAMILTON-RYKER IT: Pickens Appeals FLSA Suit Dismissal to 6th Cir. ------------------------------------------------------------------ LYNWOOD PICKENS is taking an appeal from a court order dismissing the lawsuit entitled Lynwood Pickens, individually and on behalf of all others similarly situated, Plaintiff, v. Hamilton-Ryker IT Solutions, LLC, Defendant, Case No. 3:20-cv-00141, in the U.S. District Court for the Middle District of Tennessee. The suit is brought over the Defendant's alleged failure to pay overtime wages in violation of the Fair Labor Standards Act. On Apr. 28, 2023, the Defendant and the Plaintiff filed motions for summary judgment. On Mar. 28, 2024, the Court denied the Plaintiff's motion for summary judgment and granted the Defendant's motion for summary judgment through an Order entered by Judge William L. Campbell, Jr. The Plaintiff's claims were dismissed with prejudice. The appellate case is captioned Lynwood Pickens v. Hamilton-Ryker IT Solutions, LLC, Case No. 24-5407, in the United States Court of Appeals for the Sixth Circuit, filed on April 25, 2024. [BN] Plaintiff-Appellant LYNWOOD PICKENS, individually and on behalf of all others similarly situated, is represented by: Richard M. Schreiber, Esq. JOSEPHSON DUNLAP LLP 11 Greenway Plaza, Suite 3050 Houston, TX 77046 Telephone: (713) 352-1100 Defendant-Appellee HAMILTON-RYKER IT SOLUTIONS, LLC is represented by: Paul Michael Knettel, Esq. BAKER & HOSTETLER 811 Main Street, Suite 1100 Houston, TX 77022 Telephone: (713) 646-1313 HARRIS & HARRIS: Parties in Church Suit Seek Stay of Discovery -------------------------------------------------------------- In the class action lawsuit captioned as HUNTER CHURCH, individually and on behalf of those similarly situated; LUDWIG LAUDENCIA, individually and on behalf of those similarly situated; JEREMY GYRON, individually and on behalf of those similarly situated; JESSICA BELTRAN, individually and on behalf of those similarly situated, v. HARRIS & HARRIS, LTD., a foreign corporation; DOES I-V, inclusive; and ROE BUSINESS ENTITIES I-V, inclusive, Case No. 2:24-cv-00517-APG-MDC (D. Nev.), the Plaintiffs and the Defendants ask the Court to enter an order granting stipulation to stay discovery pending ruling of the Defendant's motion to dismiss and Plaintiffs' withdrawal of motion to certify class. The Plaintiffs and Defendant stipulate to stay all discovery in this matter until such time as the Court renders its decision on the Defendant's Motion to Dismiss. This will save the parties resources so that they may continue to negotiate and possibly resolve this claim without expending additional costs and fees. The Plaintiffs and Defendant also stipulate that the Plaintiffs will withdraw their motion to certify class without prejudice so that additional resources are not incurred by the parties. On March 28, 2024, the Plaintiffs filed their motion to certify class. Harris & Harris is a financial services company offering contingency collections and asset identification services. A copy of the Parties' motion dated May 13, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=dzhEoC at no extra charge.[CC] The Plaintiffs are represented by: Scott M. Holper, Esq. LAW OFFICES OF SCOTT M. HOLPER 3175 S. Nellis Blvd., Ste. A Las Vegas, NV 89121 The Defendants are represented by: Michael Ayers, Esq. Sarah Hartig, Esq. QUINTAIROS, PRIETO, WOOD & BOYER, P.A. 3740 Lakeside Drive, Ste. 202 Reno, NV 89509 Telephone: (775) 322-4697 Facsimile: (775) 322-4698 E-mail: michael.ayers@qpwblaw.com sarah.hartig@qpwblaw.com HEARTHSIDE FOOD: Miscalculates Overtime Wages, Mathes Suit Claims ----------------------------------------------------------------- BENJAMIN MATHES, individually and on behalf of all others similarly situated, Plaintiff v. HEARTHSIDE FOOD SOLUTIONS, LLC, a Delaware limited liability company, Defendant, Case No. 1:24-cv-03747 (N.D. Ill., May 8, 2024) seeks to recover unpaid overtime wages, liquidated damages, interest, attorney's fees, costs, and other relief as appropriate under the Fair Labor Standards Act. On or about October 23, 2023, the Defendant hired Plaintiff Mathes as an hourly non-exempt employee. The Plaintiff regularly worked in excess of 40 hours a week and has been paid some overtime. However, Defendant failed to properly account for the shift differential pay in calculating Plaintiff's overtime rate, in violation of the FLSA, says the suit. Headquartered in Downers Grove, IL, Hearthside Food Solutions, LLC manufactures and produces baked foods, snacks, nutrition bars, frozen, refrigerated, and fresh sandwiches/entrees. [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) 250-7500 E-mail: jyoung@sommerspc.com - and - Kevin J. Stoops, Esq. Kathryn E. Milz, Esq. SOMMERS SCHWARTZ, P.C. 1 Towne Sq., 17th Floor Southfield, MI 48375 Telephone: (248) 355-0300 E-mail: kstoops@sommerspc.com kmilz@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 HERC RENTALS: Court Remands David Suit to Superior Court -------------------------------------------------------- In the class action lawsuit captioned as JEREMY DAVID, v. HERC RENTALS INC., et al., Case No. 2:24-cv-00175-BJR (W.D. Wash.), the Hon. Judge Barbara Jacobs Rothstein entered an order denying as moot Herc Rentals's motion to dismiss and remanding case. This case is remanded to King County Superior Court. Herc Rentals seeks dismissal under Rule 12(b)(6), arguing that Mr. David has failed to allege the necessary elements to state a claim for the violation of RCW 49.58.110, and also seeks to strike Mr. David's class allegations under Rule 12(f). Because Mr. David lacks standing, this Court does not have subject matter jurisdiction to address the parties' additional arguments.6 Accordingly, Herc Rentals' motion under Rules 12(b)(6) and 12(f) is denied as moot. Herc Rentals removed the case to this Court on Feb. 8, 2024, on the basis of diversity jurisdiction. Herc is an equipment rental company. A copy of the Court's order dated May 10, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=vswd5C at no extra charge.[CC] HESS CORPORATION: Assad Sues Over Proposed Merger Sub ----------------------------------------------------- GEORGE ASSAD, individually and on behalf of all others similarly situated, Plaintiff v. HESS CORPORATION; JAMES H. QUIGLEY; TERRENCE J. CHECKI; LEONARD S. COLEMAN JR.; LISA GLATCH; JOHN B. HESS; EDITH E. HOLIDAY; MARC S. LIPSCHULTZ; RAYMOND J. MCGUIRE; DAVID MCMANUS; KEVIN O. MEYERS; KARYN F. OVELMEN; and WILLIAM G. SCHRADER, Defendants, Case No. 2024-0468 (Del. Ch., May 2, 2024) is an action against the Defendants for breaches of fiduciary duties in connection with the Board's efforts to combine the Company with Chevron Corporation ("Chevron") (the "Proposed Transaction"). According to the complaint, on October 22, 2023, Hess entered into an Agreement and Plan of Merger with Chevron and Chevron's wholly-owned subsidiary, Yankee Merger Sub Inc. ("Merger Sub") (the "Merger Agreement"). Pursuant to the terms of the Merger Agreement, Hess stockholders will receive 1.025 shares of Chevron common stock for each share of Hess common stock they own. Upon completion of the Proposed Transaction, Hess stockholders are expected to own approximately 14.7 percent of the combined company and Chevron stockholders are expected to own approximately 85.3 percent of the combined company. The Proxy Statement filed by the Defendants omits Hess management's unlevered free cash flow projections for Hess, provided to the Board's financial advisor Goldman Sachs & Co. LLC ("Goldman Sachs") by Hess management and relied upon by Goldman Sachs in connection with the financial analyses underlying its fairness opinion, as well as Hess management's forecasts related to Hess' projected utilization of certain net operating loss carryforwards and tax credits (the "Hess tax attributes forecast"). The Proxy Statement further fails to disclose material information regarding potential conflicts of interest faced by Hess' additional financial advisor, J.P. Morgan Securities LLC, says the suit. HESS CORPORATION operates as a global independent energy company. The Company focuses on the exploration, development, production, transportation, purchase, and sale of crude oil, natural gas liquids, and natural gas. [BN] The Plaintiff is represented by: Brian D. Long, Esq. LONG LAW, LLC 3828 Kennett Pike, Suite 208 Wilmington, DE 19807 Telephone: (302) 729-9100 Email: bdlong@longlawde.com - and - Richard A. Acocelli, Esq. Kelly K. Moran, Esq. Alexandra E. Eisig, Esq. ACOCELLI LAW, PLLC 53 Hill Street, Suite 152 Southampton, NY 11968 Telephone: (631) 204-6187 HOSPITAL SISTERS: Maley Sues Over Meal Break Automatic Deductions ----------------------------------------------------------------- Breanne Maley, individually and on behalf of all others similarly situated, Plaintiff v. Hospital Sisters Health System, Defendant, Case No. 3:24-cv-03112-CRL-KLM (C.D. Ill., May 8, 2024) arises under the Fair Labor Standards Act, the the Portal-to-Portal Act, and the Illinois Minimum Wage Law. Plaintiff Maley is a nurse who worked for Defendant from April 18, 2019 through March 6, 2022. She frequently worked in excess of 40 hours in a workweek. However, Defendant failed to pay all due and owing overtime wages to her because it automatically deducted meal breaks of approximately 30 minutes for each shift regardless of whether she was fully relieved or received an uninterrupted meal break, says the Plaintiff. Headquartered in Springfield, IL, Hospital Sisters Health System is a non-profit healthcare system operates a network of 15 hospitals and other healthcare facilities throughout the United States. [BN] The Plaintiff is represented by: Melinda Arbuckle, Esq. Ricardo J. Prieto, 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 IOSM INC: Court Continues 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 Hon. Judge Jacqueline Scott Corley entered an order granting stipulation to stay discovery and continue class certification dates: -- All formal discovery in the instant matter is stayed for 120 last days until Sept. 9, 2024. -- The Parties shall again report to the Court on the status of their resolution efforts and, if appropriate, submit a proposed class certification schedule by Sept. 9, 2024. IOSM is a 24-hour provider of essential health and safety services. A copy of the Court's order dated May 13, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=Vr3Mdh at no extra charge.[CC] JAMES MICHELLE: Riley Sues Over Blind's Equal Access to Website --------------------------------------------------------------- AMANIE RILEY, on behalf of herself and all others similarly situated, Plaintiff v. JAMES MICHELLE JEWELRY, LLC, Defendant, Case No. 1:24-cv-03440 (S.D.N.Y., May 3, 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.jamesmichelle.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: inaccurate landmark structure, inadequate focus order, hidden elements on the web page, inaccessible contact information, redundant links where adjacent links go to the same URL address, the denial of keyboard access for some interactive elements, repetitive alt text on graphics, 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. James Michelle Jewelry, LLC is a company that sells online goods and services, doing business in New York. [BN] The Plaintiff is represented by: Mars Khaimov, Esq. MARS KHAIMOV LAW, PLLC 100 Duffy Avenue, Suite 510 Hicksville, NY 11801 Telephone: (404) 452-0779 Facsimile: (929) 333-7774 Email: mars@khaimovlaw.com JP BODEN: Blind Can't Access Online Store, Riley Suit Alleges ------------------------------------------------------------- AMANIE RILEY, on behalf of herself and all others similarly situated, Plaintiff v. JP BODEN SERVICES, INC., Defendant, Case No. 1:24-cv-03443 (S.D.N.Y., May 3, 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.bodenusa.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: inaccurate landmark structure, inaccurate headings, inaccessible contact information, changing of content without advance warning, inaccurate alt text on graphics, inaccurate labeling of form fields, the denial of keyboard access for some interactive elements, redundant links where adjacent links go to the same URL address, 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. JP Boden Services, Inc. is a company that sells online goods and services, doing business in New York. [BN] The Plaintiff is represented by: Mars Khaimov, Esq. MARS KHAIMOV LAW, PLLC 100 Duffy Avenue, Suite 510 Hicksville, NY 11801 Telephone: (404) 452-0779 Facsimile: (929) 333-7774 Email: mars@khaimovlaw.com KINECTA FEDERAL: Faces Esqueda Suit Over Denied Loan Application ---------------------------------------------------------------- ROGELIO ESQUEDA, individually and on behalf of all others similarly situated, Plaintiff v. KINECTA FEDERAL CREDIT UNION, Defendant, Case No. 2:24-cv-03697 (C.D. Cal., May 3, 2024) is a class action against the Defendant for unlawful discrimination in violation of the Civil Rights Act of 1866 and the Unruh Civil Rights Act. The case arises from the Defendant's denial of loan application on the basis of the applicants' immigration status or alienage, including those who have Deferred Action for Childhood Arrivals (DACA). The Plaintiff and similarly situated applicants suffered damages, including compensatory damages, emotional distress, and negative effects on credit score, as a result of the Defendant's rejection. Kinecta Federal Credit Union is a member-owned and federally chartered credit union headquartered in Manhattan Beach, California. [BN] The Plaintiff is represented by: Thomas A. Saenz, Esq. Ernest Herrera, Esq. Eduardo Casas, Esq. MEXICAN AMERICAN LEGAL DEFENSE AND EDUCATIONAL FUND 634 South Spring Street, 11th Floor Los Angeles, CA 90014 Telephone: (213) 629-2512 Facsimile: (213) 629-0266 Email: tsaenz@maldef.org eherrera@maldef.org ecasas@maldef.org LOANDEPOT.COM LLC: Sends Unwanted Telemarketing Calls, Hubble Says ------------------------------------------------------------------ ROBERT HUBBLE, on behalf of himself and all others similarly situated, Plaintiff v. LOANDEPOT.COM, LLC, Defendant, Case No. 1:24-cv-11173-TLL-PTM (E.D. Mich., May 2, 2024) is a class action against the Defendant for violation of the Telephone Consumer Protection Act and the regulations promulgated thereunder. The case arises from the Defendant's practice of making prerecorded telemarketing calls to consumers in an attempt to promote its financial services and products without obtaining prior express consent. Moreover, the Defendant continued to make these calls to individuals who have previously requested not to be called and to be added to loanDepot's internal do-not-call list. As a result of the Defendant's illegal conduct, the Plaintiff and similarly situated consumers suffered damages, says the suit. loanDepot.com, LLC is a mortgage company, headquartered in Irvine, California. [BN] The Plaintiff is represented by: Anthony I. Paronich, Esq. PARONICH LAW, P.C. 350 Lincoln Street, Suite 2400 Hingham, MA 02043 Telephone: (617) 485-0018 Facsimile: (508) 318-8100 Email: anthony@paronichlaw.com - and - Max S. Morgan, Esq. THE WEITZ FIRM, LLC 1515 Market Street, #1100 Philadelphia, PA 19102 Telephone: (267) 587-6240 Facsimile: (215) 689-0875 Email: max.morgan@theweitzfirm.com MAPLES HEALTH: Fails to Pay Proper Wages, Bedwell Alleges --------------------------------------------------------- STEPHANIE BEDWELL, individually and on behalf of all others similarly situated, Plaintiff v. THE MAPLES HEALTH AND REHABILITATION, LLC, Defendant, Case No. 4:24-cv-00621 (E.D. Mo., May 2, 2024) is an action against the Defendant's failure to pay the Plaintiff and the class overtime compensation for hours worked in excess of 40 hours per week. Plaintiff Bedwell was employed by the Defendant as a nursing assistant. THE MAPLES HEALTH AND REHABILITATION, LLC provides healthcare facilities. The Company offers nursing, rehabilitation, caring, on-call doctor, registered dietician, pharmacy consultant, audiology, podiatry, optometry, dental, and mental health services, as well as speech, occupational, and physical therapies. [BN] The Plaintiff is represented by: Melinda Arbuckle, Esq. Ricardo J. Prieto, Esq. WAGE AND HOUR FIRM 5050 Quorum Drive, Suite 700 Dallas, TX 75254 Telephone: (214) 489-7653 Facsimile: (469) 319-0317 Email: marbuckle@wageandhourfirm.com rprieto@wageandhourfirm.com MCGEE AIR SERVICES: Olney Seeks Training Specialists' Unpaid Wages ------------------------------------------------------------------ MELISSA OLNEY, individually and on behalf of all others similarly situated, Plaintiffs v. MCGEE AIR SERVICES, INC., a Delaware corporation, Defendant, Case No. 3:24-cv-05300 (W.D. Wash., April 18, 2024) seeks damages and statutory penalties for wage and hour violations on behalf of the Plaintiff and similarly situated current and former non-exempt employees of the Defendant pursuant to the Fair Labor Standards Act, Washington Minimum Wage Act, and Wage Rebate Act. The Plaintiff worked for the Defendant in Washington as a training specialist from July 2023 to October 2023. She brings this suit due to Defendant's failure to pay all overtime wages, failure to pay minimum wages, failure to provide rest and meal periods, failure to pay overtime, failure to pay wages on termination, and willful refusal to pay wages. McGee Air Services, Inc. is engaged in the business of providing aviation services in King County, Washington.[BN] The Plaintiff is represented by: Nicholas J. Ferraro, Esq. FERRARO VEGA EMPLOYMENT LAWYERS, INC. 3333 Camino del Rio South, Suite 300 San Diego, CA 92108 Telephone: (619) 693-7727 Facsimile: (619) 350-6855 E-mail: nick@ferrarovega.com MELISSA & DOUG: Collects Website Visitors' Info, Heiting Suit Says ------------------------------------------------------------------ ANNE HEITING, on behalf of herself and all others similarly situated, Plaintiff v. MELISSA & DOUG, LLC and DOES 1 through 25, inclusive, Defendants, Case No. 2:24-cv-03695 (C.D. Cal., May 3, 2024) is a class action against the Defendants for violation of California Trap and Trace Law. The case arises from the Defendant's alleged practice of tracking individuals who visited its website, www.melissaanddoug.com, using a software created by TikTok. 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 also requests, validates, and transmits other identifying information, including website visitors phone numbers and email addresses. The Defendant did not obtain the Plaintiff's 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. Melissa & Doug, LLC is a retail company doing business in California. [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 Email: robert@taulersmith.com matthew@taulersmith.com MOVE INC: Appeals Arbitration Bid Denial in Faucett Suit -------------------------------------------------------- MOVE, INC. is taking an appeal from a court order denying its motion to compel arbitration in the lawsuit entitled Priestley Faucett, individually and on behalf of all others similarly situated, Plaintiff, v. Move, Inc., Defendant, Case No. 2:22-cv-04948-ODW-AS, in the U.S. District Court for the Central District of California. The suit is brought over the Defendant's alleged violations of the Telephone Consumer Protection Act by engaging in aggressive unsolicited marketing to promote its services, harming thousands of consumers, including the Plaintiff, in the process. On Sept. 25, 2023, the Defendant filed a motion to compel arbitration, which the Court denied through an Order entered by Judge Otis D. Wright, II on Apr. 22, 2024. The appellate case is captioned Faucett v. Move, Inc., Case No. 24-2631, in the United States Court of Appeals for the Ninth Circuit, filed on April 25, 2024. The briefing schedule in the Appellate Case states that: -- Appellant's Mediation Questionnaire was due on April 30, 2024; -- Appellant's Appeal Transcript Order was due on May 7, 2024; -- Appellant's Appeal Transcript is due on June 6, 2024; -- Appellant's Appeal Opening Brief is due on July 16, 2024; and -- Appellee's Appeal Answering Brief is due on August 15, 2024. [BN] NES GLOBAL: Garcia Suit Seeks Quality Inspectors' Unpaid Overtime ----------------------------------------------------------------- EFREN GARCIA, on behalf of himself and all others similarly situated, Plaintiff v. NES GLOBAL, LLC d/b/a NES FIRCROFT, Defendant, Case No. 1:24-cv-11187 (D. Mass., May 3, 2024) is a class action against the Defendant for its failure to pay overtime wages in violation of the Fair Labor Standards Act. Mr. Garcia worked for the Defendant as a quality inspector in and around Bedford, Massachusetts and on wind farms along the Outer Continental Shelf (OCS) from approximately September 2023 through February 2024. NES Global, LLC, doing business as NES Fircroft, is a staffing company, headquartered in Houston, Texas. [BN] The Plaintiff is represented by: Philip J. Gordon, Esq. Kristen M. Hurley, Esq. GORDON LAW GROUP LLP 585 Boylston Street Boston, MA 02116 Telephone: (617) 536-1800 Facsimile: (617) 536-1802 Email: pgordon@gordonllp.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 NESHAMINY SW: Melecio Sues Over Assistant Managers' Unpaid OT ------------------------------------------------------------- ALEXA ONATE MELECIO, individually and on behalf of all others similarly situated, Plaintiff v. NESHAMINY SW LLC d/b/a SALADWORKS and OHRAN G. VELI, Defendants, Case No. 2:24-cv-01608 (E.D. Pa., April 18, 2024) is a class action contending that Defendants unlawfully failed to pay assistant managers' wages and overtime compensation in accordance with the requirements of the Fair Labor Standards Act, the Pennsylvania Minimum Wage Act, and the Pennsylvania Wage Payment and Collection Law. According to the complaint, Plaintiff and all others similarly situated regularly worked more than 40 hours per workweek but were not paid an overtime premium of one and a half times their regular rate of pay for each hour worked in excess of 40 hours in a workweek in violation of the FLSA. The Plaintiff was employed by the Defendants from approximately July 2021 to December 2023 in the position of assistant manager. Neshaminy SW LLC maintain and operate SaladWorks franchises which provide food-and-beverage services to customers.[BN] The Plaintiff is represented by: Edmund C. Celiesius, Esq. BROWN, LLC 111 Town Square Place, Suite 400 Jersey City, NJ 07310 Telephone: (877) 561-0000 E-mail: ed.celiesius@jtblawgroup.com PALM LAKES: Property Inaccessible to Disabled People, Brito Says ---------------------------------------------------------------- CARLOS BRITO, individually and on behalf of all others similarly situated, Plaintiff v. PALM LAKES VENTURES, INC.; LOS PERROS HEADQUARTERS, LLC d/b/a LOS PERROS RESTAURANT; and FLAVORS AND SEASONING OF PERU LLC d/b/a SABOR Y SAZON PERUANO RESTAURANT, Defendants, Case No. 1:24-cv-21705-XXXX (S.D. Fla., May 2, 2024) alleges violation of the Americans with Disabilities Act ("ADA"). The Plaintiff alleges in the complaint that the Defendants' commercial retail plaza located at 6800 NW 169th Street, Hialeah, Florida, 33015, is not accessible to mobility-impaired individuals in violation of ADA. PALM LAKES VENTURES, INC. is an active family office investment company managing money for the Palmer Family. [BN] The Plaintiff is represented by: Beverly Virues, Esq. Armando Mejias, Esq. GARCIA-MENOCAL P.L. 350 Sevilla Avenue, Suite 200 Coral Gables, Fl 33134 Telephone: (305) 553-3464 Email: bvirues@lawgmp.com amejias@lawgmp.com - and - Ramon J. Diego, Esq. THE LAW OFFICE OF RAMON J. DIEGO, P.A. 5001 SW 74th Court, Suite 103 Miami, FL, 33155 Telephone: (305) 350-3103 Email: ramon@rjdiegolaw.com PIRCH INC: Rogers Sues Over Termination Without Advance Notice -------------------------------------------------------------- A class action adversary complaint has been filed against Pirch, Inc. The case is captioned as LIZA ROGERS, individually and on behalf of all others similarly situated v. PIRCH, INC., Case No. 24-90037-CL (S.D. Cal., May 1, 2024). The lawsuit is brought against the Defendant's violation of the Worker Adjustment and Retraining Notification Act and California Labor Code by failing to give the Plaintiff and other similarly situated employees at least 60 days' advance written notice of termination. Pirch, Inc. is a retail company in San Diego, California. [BN] The Plaintiff is represented by: Jahan C. Sagafi, Esq. OUTTEN & GOLDEN LLP One California Street, 12th Floor San Francisco, CA 94111 Telephone: (415) 638-8800 Facsimile: (415) 638-8810 Email: jsagafi@outtengolden.com POSEN, IL: Frederic Suit Removed to N.D. Illinois ------------------------------------------------- The case styled as Max Frederic, individually and on behalf of all others similarly situated v. VILLAGE OF POSEN, Case No. 2023 CH 01316 was removed from the Circuit Court of Cook County, Illinois, County Department, Chancery Division, to the United States District Court for the Northern District of Illinois on May 6, 2024, and assigned Case No. 1:24-cv-03677. The Plaintiff's action alleges that Defendant issues oversize and overweight tickets to commercial truckers driving in Defendant, but while Illinois law requires these tickets to be adjudicated in an Illinois court, Defendant denies truckers their day in court by requiring the tickets to be adjudicated in Defendant's internal administrative system. The Plaintiff's Initial Complaint asserted state law claims for Declaratory Judgment and Unjust Enrichment.[BN] The Defendants are represented by: Michael J. Victor, Esq. IFMK LAW, LTD. 650 Dundee Road, Suite 475 Northbrook, IL 60062 Phone: (847) 291-0200 Fax: (847) 291-9230 Email: mvictor@ifmklaw.com PUBLIC COMPANY: Gaylor and Rabinowitz Sue Over Audit Failure ------------------------------------------------------------ Robert L. Gaylor and Dr. Paul Rabinowitz, on behalf of themselves and all others similarly situated, v. PUBLIC COMPANY ACCOUNTING OVERSIGHT BOARD, Defendants, Case No. 3:24-cv-00213 (E.D. Tenn., May 8, 2024) accuses the Defendant of breaching the Sarbanes-Oxley Act of 2002 and its fiduciary duty. The Plaintiffs allege that the Defendant failed to properly inspect and report to the Securities and Exchange Commission the true value of the Alaskan assets in Klynveld Peat Marwiek Goerdeler's 2011 audit of Miller Energy Resources, Inc. The failure of Defendant's inspection caused the them and Class members to lose millions of dollars. Its failure led to Miller Energy's continuance as a public company until 2015 when Miller filed bankruptcy, say the Plaintiffs. Public Company Accounting Oversight Board is a private, nonprofit corporation that oversees the audits of United States listed public companies. [BN] The Plaintiffs are represented by: Gordon Ball, Esq. GORDON BALL PLLC 3728 West End Avenue Nashville, TN 37205 Telephone: (865) 525-7029 Facsimile: (865) 525-4679 E-mail: gball@gordonball.com REDDIT INC: Levelfields Inc. Sues Over Breach of Contract --------------------------------------------------------- LEVELFIELDS, INC., individually and on behalf of all others similarly situated, Plaintiff v. REDDIT, INC., a California Corporation, Defendants, Case No. 3:24-cv-02760 (N.D. Cal., May 8, 2024) assert claims for breach of contract and for violations of California's Unfair Competition Law in connection with the Defendant's failure to prevent click-through fraud. The Defendant's advertising platform allows businesses to create and display ads on the platform. Moreover, by paying Defendant money to post ads on reddit.com, the Plaintiff and the Class contracted with Defendant. However, the Defendant breached the contracts with Plaintiff and the Class, and the covenant of good faith and fair dealing, by collecting fees from Plaintiff and the Class for clicks even though Defendant knew, or should have reasonably known, that the clicks were not actual and actionable. The Defendant further breached the contract with Plaintiff and the Class by failing to implement effective oversight over the generation clicks, says the suit. Headquartered in San Francisco, CA, Reddit is a social news aggregation, content rating, and forum social network. [BN] The Plaintiff is represented by: Joshua H. Haffner, Esq. Alfredo Torrijos, Esq. Trevor Weinberg, Esq. HAFFNER LAW PC 15260 Ventura Blvd., Suite 1520 Sherman Oaks, CA 91403 Telephone: (213) 514-5681 Facsimile: (213) 514-5682 E-mail: jhh@haffnerlawyers.com at@haffnerlawyers.com tw@haffnerlwyers.com - and - David Koppelman, Esq. KOPPELMAN LAW FIRM 750 N. San Vicente Blvd., Suite 800 West West Hollywood, CA 90069 Telephone: (866) 843-5295 Facsimile: (213) 269-3422 E-mail: david@koppelmanlawfirm.com REEBELO USA: Web Site Not Accessible to Blind, Bullock Suit Says ---------------------------------------------------------------- JUSTIN BULLOCK, individually and on behalf of all others similarly situated, Plaintiff v. REEBELO USA, INC., Defendant, Case No. 1:24-cv-03393 (S.D.N.Y., May 2, 2024) alleges violation of the Americans with Disabilities Act. The Plaintiff alleges in the complaint that the Defendant's Web site, www.reebelo.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. REEBELO USA, INC. provides to the public a website known as reebelo.com which provides consumers with access to an array of goods and services, including, the ability to view the wide range of refurbished tech devices and lifestyle products. [BN] The Plaintiff is represented by: Dan Shaked, Esq. SHAKED LAW GROUP, P.C. 14 Harwood Court, Suite 415 Scarsdale, NY 10583 Telephone: (917) 373-9128 Email: ShakedLawGroup@gmail.com SEATGEEK INC: Lures Customers to Buy Tickets, Edwards Suit Claims ----------------------------------------------------------------- ASHLEY EDWARDS, individually and on behalf of all others similarly situated, Plaintiff v. SEATGEEK, INC., Defendant, Case No. 1:24-cv-03288 (E.D.N.Y., May 2, 2024) is a class action against the Defendant for violation of New York Arts & Cultural Affairs Law, unfair and deceptive trade practices, unjust enrichment, and fraudulent inducement. The case arises from the Defendant's practice of deceptively adding mid-transaction fees to customer ticket purchases. According to the complaint, when customers first view event tickets on https://www.seatgeek.com or its mobile app, SeatGeek displays one ticket price. However, after customers select tickets and as they click through to complete their transaction, they discover the price has increased to include significant amounts in unexplained fees which customers must pay to make their purchase. This practice is sometimes referred to as "bait-and-switch" or "drip pricing." As a result of its deceptive pricing methods, SeatGeek has raked in millions of dollars at the expense of customers, who would not otherwise have paid for additional fees in the absence of its deceptively low prices, says the suit. SeatGeek, Inc., is a ticket platform company, with its principal place of business in New York, New York. [BN] The Plaintiff is represented by: Nicholas A. Migliaccio, Esq. Jason S. Rathod, Esq. MIGLIACCIO & RATHOD LLP 412 H St., NE Washington, DC 20002 Telephone: (202) 470-3520 Facsimile: (202) 800-2730 Email: nmigliaccio@classlawdc.com jrathod@classlawdc.com SHOALS TECHNOLOGIES: Faces Suit Over Securities Law Breaches ------------------------------------------------------------ Oklahoma Police Pension and Retirement System, individually and on behalf of all others similarly situated, Plaintiff v. Shoals Technologies Group, Inc. et al., Defendants, Case No. 3:24-cv-00580 (M.D. Tenn., May 8, 2024) asserts both strict liability claims under the Securities Act of 1933 and fraud-based claims under the Securities Exchange Act of 1934 arising from Defendants' materially false and misleading statements and omissions concerning Shoals' electrical balance of system (EBOS) products, related "shrinkback" issues, and cost of revenue. Throughout the Class period, the Defendants misled investors about Shoals' electrical balance of system (EBOS) products, related "shrinkback" issues, and cost of revenue by failing to disclose that: (1) Shoals did not deliver EBOS products that met the highest levels of quality and reliability; (2) Shoals had received reports of exposed copper conduit in EBOS wire harnesses in a large number of solar fields and was aware that a significant portion of its wire harnesses had defects; (3) Shoals would have to incur between $60 million to $185 million in costs to remediate the wire shrinkback issue; and (4) Shoals had understated its cost of revenue by millions of dollars. As a result of Defendants' materially false and misleading statements and omissions, Shoals stock traded at artificially inflated prices during the class period, says the suit. Based in Portland, TN, Shoals Technologies provides EBOS products for solar energy projects in the United States. It sells solar products principally to engineering, procurement, and construction firms that build such solar energy projects. [BN] The Plaintiff is represented by: J. Gerard Stranch, IV, Esq. STRANCH, JENNINGS & GARVEY PLLC The Freedom Center 223 Rosa L. Parks Avenue Suite 200 Nashville, TN 37203 Telephone: (615) 254-8801 E-mail: gstranch@stranchlaw.com - and - Lester Hooker, Esq. SAXENA WHITE P.A. 7777 Glades Road, Suite 300 Boca Raton, FL 33434 Telephone: (561) 394-3399 Facsimile: (561) 394-3382 E-mail: lhooker@saxenawhite.com - and - Rachel Avan, Esq. Marco A. Dueñas, Esq. 10 Bank Street, Suite 882 White Plains, NY 10606 Telephone: (914) 437-8551 Facsimile: (888) 216-2220 E-mail: ravan@saxenawhite.com mduenas@saxenawhite.com SQUARE FOOD: Faces Jimenez Wage-and-Hour Suit in S.D.N.Y. --------------------------------------------------------- MARCELINO JIMENEZ, on behalf of himself and all others similarly situated, Plaintiff v. SQUARE FOOD & CAFE INC. (DBA SQUARE FOOD MARKET) and ISMAEL DOE, Defendants, Case No. 1:24-cv-03361 (S.D.N.Y., May 2, 2024) is a class action against the Defendants for violations of the Fair Labor Standards Act and the New York Labor Law including failure to pay overtime wages, failure to provide a wage notice at time of hiring, and failure to provide accurate wage statements. The Plaintiff was employed by the Defendants as a cashier at Square Food Market from approximately August 2022 until April 2, 2024. Square Food & Cafe Inc., doing business as Square Food Market, is a restaurant owner and operator located in Bronx, New York. [BN] The Plaintiff is represented by: Lina Stillman, Esq. STILLMAN LEGAL, P.C. 42 Broadway, 12th Floor New York, NY 10004 Telephone: (212) 203-2417 SUPPLYBIT LLC: Michael Gumprecht Balks at Unregistered Securities ----------------------------------------------------------------- MICHAEL E. GUMPRECHT LLC, on behalf of itself and all others similarly situated, Plaintiff v. MICHAEL GROFF and WESLEY DECATUR, Defendants, Case No. 3:24-cv-01210 (D.P.R., May 8, 2024) seeks for rescission or rescissory damages under the Illinois Security Act and alleges control-person and director liability against Michael Groff, SupplyBit's founder and CEO, and Wesley Decatur, a SupplyBit executive, who both actively participated in the sale of illegal securities. According to the complaint, Michael Groff and Wesly Decatur personally solicited Plaintiff Michael E. Gumprecht LLC's purchase of the mining-services agreements (MSAs) during virtual meetings between Plaintiff and Groff on November 10, 2021, December 14, 2021, and September 21, 2022, and several email exchanges with Decatur, including a December 12, 2022, email in which Decatur confirms Plaintiff's purchase and sends him an invoice to "lock in" his purchase of the MSA. However, the said MSA's were never registered or qualified as securities in the State of Illinois or anywhere else, and SupplyBit never provided statutorily mandated disclosures, says the suit. SupplyBit is a cryptocurrency mining company based in Puerto Rico. [BN] The Plaintiff is represented by: Julian R. Rivera Aspinall, Esq. RIVERA ASPINALL, GARRIGA & FERNANDINI, PSC 1647 Adams Street Summit Hills, San Juan, PR 00920 Telephone: (787) 792-8644 E-mail: aspinall@ragflaw.com - and - Charles Gerstein, Esq. GERSTEIN HARROW LLP 1001 G Street NW, Suite 400E Washington, DC 20001 Telephone: (202) 670-4809 E-mail: charlie@gerstein-harrow.com - and - Jason Harrow, Esq. GERSTEIN HARROW LLP 12100 Wilshire Blvd. Ste. 800 Los Angeles, CA 90025 Telephone: (323) 744-5293 E-mail: jason@gerstein-harrow.com SWINERTON INC: Liable to 401(k) Plan Losses, Ingrassia Suit Claims ------------------------------------------------------------------ PAUL B. INGRASSIA, individually, and as a representative of a Class of Participants and Beneficiaries of the Swinerton 401(k) and Savings Plan, Plaintiff v. SWINERTON INCORPORATED, BOARD OF DIRECTORS OF SWINERTON INCORPORATED, and SWINERTON 401(K) SAVINGS COMMITTEE, Defendants, Case No. 4:24-cv-02680 (N.D. Cal., May 3, 2024) is a class action against the Defendants for breach of duty of prudence and failure to adequately monitor other fiduciaries under the Employee Retirement Income Security Act (ERISA). According to the complaint, during the putative Class Period (May 3, 2018, through the date of judgment), the Defendants, as fiduciaries of the Swinerton 401(k) and Savings Plan, breached their duty of prudence they owed to the Plan by requiring the Plan to pay excessive recordkeeping and administrative (RKA) fees and by failing to remove their high-cost recordkeeper, Principal Life Ins. Co. The Defendants should have substantially lowered its total RKA fees by soliciting bids from competing providers and using their massive size and correspondent bargaining power to negotiate for fee rebates, but they did not do so, or did so ineffectively, during the Class Period. As a result of the Defendants' breaches of fiduciary duty, the Plaintiff and Class members suffered millions of dollars of harm in the form of lower retirement account balances than they otherwise should have had in the absence of these unreasonable Plan fees, says the suit. Swinerton Incorporated is a commercial construction company headquartered in San Francisco, California. [BN] The Plaintiff is represented by: James A. Bloom, Esq. Todd M. Schneider, Esq. SCHNEIDER WALLCE COTTRELL KONECKY LLP 2000 Powell Street, Suite 1400 Emeryville, CA 94608 Telephone: (415) 421-7100 Facsimile: (415) 421-7105 Email: jbloom@schneiderwallace.com tschneider@schneiderwallace.com - and - Paul M. Secunda, Esq. WALCHESKE & LUZI, LLC 235 N. Executive Dr., Suite 240 Brookfield, WI 53005 Telephone: (414) 828-2372 Facsimile: (262) 565-6469 Email: psecunda@walcheskeluzi.com TARGET CORP: Gudgel Sues Over PFAS-Containing Products ------------------------------------------------------ Brenda Gudgel, individually and all others similarly situated, Plaintiff v. TARGET CORPORATION and TARGET BRANDS, Inc., Inclusive, Defendant, Case No. 6:24-cv-00870 (M.D. Fla., May 8, 2024) asserts claims for false and misleading advertising, unjust enrichment, and for violations of Florida's Deceptive and Unfair Trade Practices Act in connection with Defendant's marketing and sale of healthcare products under the brand name Up & Up. The complaint alleges that Defendants' packaging of the said products does not disclose the presence of harmful PFAS chemicals. Headquartered in Minneapolis, MN, Target Corporation operates a chain of discount department stores and hypermarkets. It sells healthcare products under the brand name Up & Up. [BN] The Plaintiff is represented by: William Wright, Esq. THE WRIGHT LAW OFFICE 515 N. Flagler Drive Suite 350 West Palm Beach, FL 33401 Telephone: (561) 514-0904 E-mail: willwright@wrightlawoffice.com TEAM GROUP: High Speed Memory Products' Ads "False," Griffin Says ----------------------------------------------------------------- MALCOLM GRIFFIN and KARIEM IBRAHIM, on behalf of themselves and all others similarly situated, Plaintiffs v. TEAM GROUP, INC., Defendant, Case No. 2:24-cv-03681 (C.D. Cal., May 3, 2024) is a class action against the Defendant for violations of State Consumer Protection Acts, California's Unfair Competition Law, California's False Advertising Law, California's Consumer Legal Remedies Act, and the New York General Business Law, and for breach of express warranty and negligent misrepresentation. The case arises from the Defendant's alleged false, deceptive, and misleading advertising of its high-speed memory products. The Defendant advertises that the memory runs at specific, high MHz speeds. In reality, trying to get the advertised speed requires altering the computer's firmware to attempt to overclock the memory and make it run at higher than standard speeds. And when overclocking, there is a substantial risk that the memory will not achieve the advertised speed or run stably. Thus, Team Group's High Speed Memory does not operate at the advertised speed when plugged into a computer. Rather, they operate at a lower speed. Had the Plaintiffs and Class members known the truth about the memory, they would not have bought it or would not have paid the same price for it, says the suit. Team Group, Inc. is a manufacturer of computer components and accessories doing business in California. [BN] The Plaintiffs are represented by: Richard Lyon, Esq. DOVEL & LUNER, LLP 201 Santa Monica Blvd., Suite 600 Santa Monica, CA 90401 Telephone: (310) 656-7066 Facsimile: (310) 656-7069 Email: rick@dovel.com - and - Kevin Kneupper, Esq. A. Cyclone Covey, Esq. KNEUPPER & COVEY, PC 17011 Beach Blvd., Ste. 900 Huntington Beach, CA 92647 Telephone: (512) 420-8407 Email: kevin@kneuppercovey.com cyclone@kneuppercovey.com TECO ENERGY: Bid for Extension to File Class Cert Response Nixed ---------------------------------------------------------------- In the class action lawsuit captioned as Roche v. TECO Energy, Inc. et al., Case No. 8:23-cv-01571 (M.D. Fla., Filed July 14, 2023), the Hon. Judge Charlene Edwards Honeywel entered an endorsed order denying without prejudice unopposed motion for extension of time to file response to the Plaintiff's motion for class certification. -- The motion for extension is premature unless and until a motion for class certification is filed. The suit alleges violation of the Employee Retirement Income Security Act (E.R.I.S.A.) TECO is an energy-related holding company.[CC] TESLA INC: Lopez Files Suit Over WARN Act Breach ------------------------------------------------- ERWIN LOPEZ, as an individual and on behalf of all others similarly situated, Plaintiff v. TESLA, INC. dba TESLA MOTORS, INC., a corporation; and DOES 1 through 100, inclusive, Defendants, Case No. 24CV436007 (Cal. Super., Santa Clara Cty., April 18, 2024) is a class action brought by the Plaintiff against the Defendant under the Worker Adjustment and Retraining Notification Act, and California Labor Code. On April 14, 2024, Plaintiff and other similarly situated employees were laid off and/or terminated by Defendants. The Defendants failed to give Plaintiff and other similarly situated employees 60 days of notice before implementing the mass layoff and/or termination, as required by the state law, says the suit. Through this complaint, the Plaintiff and Class Members seek recovery of monetary damages and all available statutory penalties from Defendant's violation of their rights under the Labor Code. The Plaintiff was employed by Defendants for approximately four years until April 14, 2024 in San Jose, California. Tesla, Inc. is an American multinational automotive and clean energy company headquartered in Austin, Texas.[BN] The Plaintiff is represented by: Brennan M. Hershey, Esq. Johnny Rundell, Esq. Kelsi D. Grau, Esq. HERSHEY LAW, P.C. 16255 Ventura Blvd, Suite 1205 Encino, CA 91436 Telephone: (310) 929-2190 Facsimile: (310) 929-6060 E-mail: bhershey@hersheylaw.com jrundell@hersheylaw.com kgrau@hersheylaw.com TESTMAX INC: Disclose Personal Data Without Consent, Suit Says -------------------------------------------------------------- ALVOID BENNETT; and REGINE URCIA, individually and on behalf of all others similarly situated, Plaintiffs v. TESTMAX, INC., Defendant, Case No. 2:24-cv-03662 (C.D. Cal., May 2, 2024) alleges violation of the Video Privacy Protection Act. According to the complaint, Defendant has installed "tracking pixels" on its website, which hosts the test prep videos. These tracking pixels surreptitiously send consumers' viewing activities to third-party providers like Meta Platforms, Inc. ("Meta" or "Facebook") without consent, in violation of the Video Privacy Protection Act. The Defendant violated the VPPA by knowingly disclosing personally identifiable information ("PII") and personal information ("PI") of Plaintiffs and the class members to Meta without their consent. To do so, behind the scenes of its study aid videos, Defendant installed computer code on its website called the "Meta Tracking Pixel," which -- unbeknownst to Plaintiffs and the members of the Classes -- tracks and records Plaintiffs' and the Class Members' private video consumption and a record of the study aid videos they watched and discloses it to Meta without their consent, says the suit. TESTMAX, INC. owns and operates LSAT Max, an online LSAT preparation service used throughout California and the United States. [BN] The Plaintiff is represented by: Neal J. Deckant, Esq. Stefan Bogdanovich, Esq. Joshua R. Wilner, Esq. Joshua B. Glatt, Esq. BURSOR & FISHER, P.A. 1990 North California Blvd., Suite 940 Walnut Creek, CA 94596 Telephone: (925) 300-4455 Facsimile: (925) 407-2700 Email: ndeckant@bursor.com sbogdanovich@bursor.com jwilner@bursor.com jglatt@bursor.com TULPEHOCKEN SPRING: Faces Skrip Suit Over Drivers' Unpaid Wages --------------------------------------------------------------- JOSEPH SKRIP, and NOAH PEZNOWSKI, individually and on behalf of all similarly situated persons Plaintiffs v. TULPEHOCKEN SPRING WATER, INC., Defendant, Case No. 3:24-cv-00673-JKM (M.D. Pa., April 18, 2024) is a class action against the Defendant for violation of the Fair Labor Standards Act and the Pennsylvania Minimum Wage Act. The Plaintiffs allege on behalf of the Class and Collective that they are owed wages from Defendant, including: (1) unpaid wages for straight-time hours worked during 30-minute lunch breaks for which they did not receive wages; (11) unpaid wages for overtime hours worked during 30-minute lunch breaks for which they did not receive overtime premium pay; and (111) underpaid wages for overtime compensation, due to Defendant's failure to include the amount of commissions and performance bonuses in regular rates of pay for purposes of calculating overtime pay. Plaintiffs Skrip and Peznowski were employed by the Defendant as water delivery drivers at its Mountain Top, Pennsylvania water distribution facility from August 2022 through January 2024, and from August 2022 through March 2023, respectively. Tulpehocken Spring Water, Inc. provides water beverage services.[BN] The Plaintiffs are represented by: Peter C. Wood, Jr., Esq. MOBILIO WOOD 900 Rutter Ave., Box 24 Forty Fort, PA 18704 Telephone: (570) 234-0442 Facsimile: (570) 266-5402 E-mail: peter@mobiliowood.com - and - Alex Pisarevsky, Esq. COHN LIFLAND PEARLMAN HERRMANN & KNOPF LLP Park 80 West-Plaza One 250 Pehle Avenue, Suite 401 Saddle Brook, NJ 07663 Telephone: (201) 845-9600 Facsimile: (201) 845-9423 E-mail: ap@njlawfirm.com UNITED SUGAR: Northern Frozen Suit Hits Sugar Price-Fixing ---------------------------------------------------------- NORTHERN FROZEN FOODS, INC. d/b/a NORTHERN HASEROT, individually and on behalf of all others similarly situated, Plaintiff v. UNITED SUGAR PRODUCERS & REFINERS COOPERATIVE F/K/A UNITED SUGARS CORPORATION, AMERICAN SUGAR REFINING, INC., ASR GROUP INTERNATIONAL, INC., DOMINO FOODS, INC., CARGILL, INC., MICHIGAN SUGAR COMPANY, COMMODITY INFORMATION, INC., and RICHARD WISTISEN, Defendants, Case No. 0:24-cv-01414 (D. Minn., April 18, 2024) is a class action against the Defendants for their unlawful contract, combination, or conspiracy to fix the prices of Granulated Sugar sold throughout the United States. According to the complaint, the Producer Defendants, the largest companies in the domestic Granulated Sugar market, exchanged information -- directly and indirectly -- regarding prices, crop sizes, crop yields, capacity, demand, sales volume, future beliefs on pricing and sold positions, and other key competitively-sensitive metrics in order to avoid price competition and fix prices at supracompetitive levels. In furtherance of this conspiracy, the Producer Defendants shared and received information through Commodity, which bears all the hallmarks of the information sharing and enforcement mechanism of a price-fixing scheme. In a competitive market, this kind of sensitive business information would allow industry participants to undercut each other on price and steal market share. Thus, it would be contrary to a firm's self-interest to share such information with competitors. In a cartel, however, access to this kind of information serves as reassurance that cartel members are adhering to the conspiracy and declining to pursue co-conspirators' market share, says the suit. Among the victims of the conspiracy are persons and entities that purchased Granulated Sugar directly from the Producer Defendants or their co-conspirators, including but not limited to food and beverage manufacturers, retailers, food service companies, and distributors. The Plaintiff, on behalf of itself and Class Members, seeks to recover the overcharges they paid. United Sugar Producers & Refiners Cooperative is a marketing cooperative owned by sugar producers in the U.S.[BN] The Plaintiffs are represented by: Daniel E. Gustafson, Esq. Daniel C. Hedlund, Esq. Michelle J. Looby, Esq. Joshua J. Rissman, Esq. Anthony J. Stauber, Esq. GUSTAFSON GLUEK PLLC Canadian Pacific Plaza 120 So. Sixth Street, Suite 2600 Minneapolis, MN 55402 Telephone: (612) 333-8844 Facsimile: (612) 339-6622 E-mail: dgustafson@gustafsongluek.com dhedlund@gustafsongluek.com mlooby@gustafsongluek.com jrissman@gustafsongluek.com tstauber@gustafsongluek.com - and - Dianne M. Nast, Esq. Daniel N. Gallucci, Esq. Joseph N. Roda, Esq. Michele S. Burkholder, Esq. Michael S. Tarringer, Esq. NASTLAW LLC 1101 Market Street, Suite 2801 Philadelphia, PA 19107 Telephone: (215) 923-9300 Facsimile: (215) 923-9302 E-mail: dnast@nastlaw.com dgallucci@nastlaw.com jnroda@nastlaw.com mburkholder@nastlaw.com mtarringer@nastlaw.com - and - Christopher V. Le, Esq. Brian P. Drockton, Esq. BOIESBATTIN LLP 4041 University Drive, 5th Floor Fairfax, VA 22030 Telephone: (703) 764-8700 Facsimile: (703) 764-8704 E-mail: cle@boiesbattin.com bdrockton@boiesbattin.com - and - Kenneth A. Wexler, Esq. Justin N. Boley, Esq. WEXLER BOLEY & ELGERSMA LLP 311 S. Wacker Dr., Suite 5450 Chicago, IL 60606 Telephone: (312) 346-2222 E-mail: kaw@wbe-llp.com jnb@wbe-llp.com - and - Adam J. Zapala, Esq. Elizabeth Castillo, Esq. James G.B. Dallal, Esq. COTCHETT, PITRE & MCCARTHY, LLP 840 Malcolm Road, Suite 200 Burlingame, CA 94010 Telephone: (650) 697-6000 E-mail: azapala@cpmlegal.com ecastillo@cpmlegal.com jdallal@cpmlegal.com - and - Alexander E. Barnett, Esq. COTCHETT, PITRE & MCCARTHY, LLP 40 Worth Street, Ste. 602 New York, NY 10013 Telephone: (212) 201-6820 E-mail: abarnett@cpmlegal.com US PAROLE COMISSION: Seeks Stay of Lewis Suit ---------------------------------------------- In the class action lawsuit captioned as CHARLES LEWIS, et al., v. U.S. PAROLE COMISSION, et al., Case No. 1:22-cv-02182-RCL (D.D.C.), the Defendant asks the Court to enter an order staying case pending the Court's issuance of a decision on Defendants' motion to dismiss. Accordingly, if the Court determines it lacks subject matter jurisdiction and dismisses this matter, the Court will not need to consider Plaintiffs’ renewed motion because the renewed motion would also be moot. US Parole Commission is the parole board responsible for granting or denying parole to, and supervising the parole releases of, incarcerated individuals who fall under its jurisdiction. A copy of the Defendants' motion dated May 14, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=7kl3gu at no extra charge.[CC] The Plaintiff is represented by: Stephanie R. Johnson, Esq. Erika Oblea, Esq. 601 D Street, NW Washington, DC 20530 Telephone: (202) 252-7874 E-mail: Stephanie.Johnson5@usdoj.gov erika.oblea@usdoj.gov USA HIGH SECURITY: Macias Sues to Recover Regular, Overtime Wages ----------------------------------------------------------------- Yunier Macias, and other similarly situated individuals v. USA HIGH SECURITY CORP., and JUAN J. CATALAN, individually, Case No. 1:24-cv-21765-XXXX (S.D. Fla., May 6, 2024), is brought to recover from Defendants regular and half-time overtime wages, liquidated damages, costs, and reasonable attorney's fees under the provisions of Fair Labor Standards Act ("FLSA or the "Act"). The Plaintiff did not clock in and out, but Defendants were able to track and monitor the hours worked by Plaintiff and other similarly situated individuals. Therefore, during the relevant period, Defendants willfully failed to pay Plaintiff overtime wages at the rate of time and one-half his regular rate for every hour that she worked in excess of 40, in violation of the FLSA. The Defendants also filed to pay Plaintiff timely, and on payment day. The Plaintiff received partial payments. The Plaintiff alleges that Defendants failed to pay him at least $4,600.00, or the equivalent of six weeks of unpaid wages. A substantial amount was not paid at any rate, not even at the minimum wage as required by law. Therefore, Defendants willfully failed to pay Plaintiff minimum wages in violation of the FLSA, says the complaint. The Plaintiff was employed by the Defendants as a non-exempt, full-time, hourly security employee from August 24, 2023, to April 22, 2024. U.S.A. HIGH SECURITY is a Florida corporation that provides security services to businesses, residential communities, construction sites, retailers, and related security services such as executive bodyguard protection.[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 USAA LIFE: Kaiser Sues Over Unauthorized Term Life Insurance Fees ----------------------------------------------------------------- GEOFFREY R. KAISER, on behalf of himself and all others similarly situated, Plaintiff v. USAA LIFE INSURANCE COMPANY and USAA LIFE INSURANCE COMPANY OF NEW YORK, Defendants, Case No. 1:24-cv-03409 (S.D.N.Y., May 2, 2024) is a class action against the Defendants for violations of Electronic Funds Transfer Act and Regulation E and Section 349 of the New York General Business Law, and for common law fraud, breach of contract, and conversion. The case arises from USAA's alleged unfair, deceptive, fraudulent, and illegal business practices of enforcing the provisions of certain of its term life insurance policies. Specifically, USAA executed a deliberate business strategy designed to charge the owners of USAA term life insurance policies containing "Owner-Selected Benefit Periods" and corresponding "Selected Benefit Period Expiration Dates" premiums that its insureds never agreed to pay for reduced death benefits they never selected. The Plaintiff and similarly situated customers suffered damages as a result of the Defendants' fraudulent practices, says the suit. USAA Life Insurance Company is a life insurance company based in Texas. USAA Life Insurance Company of New York is a wholly-owned subsidiary USAA Life Insurance Company located in Highland Falls, New York. [BN] The Plaintiff is represented by: Daniel J. Kaiser, Esq. William H. Kaiser, Esq. KAISER SAURBORN & MAIR P.C. 30 Broad Street, 37th Floor New York, NY 10004 Telephone: (212) 338-9100 Facsimile: (212) 338-9088 Email: kaiser@ksmlaw.com VALLEY VETERINARY: McVicker Sues Over Failure to Secure Information ------------------------------------------------------------------- Debra McVicker, on behalf of herself and all others similarly situated v. VALLEY VETERINARY CLINIC, LLC, d/b/a VALLEY VET SUPPLY, Case No. 2:24-cv-02181 (D. Kan., May 1, 2024), is brought against Valley Vet for its failure to properly secure and safeguard Plaintiff's and other similarly situated Valley Vet customers' and website users' first and last names and payment card information (the "Private Information") from hackers. On April 23, 2024, Valley Vet filed official notice of a hacking incident with the Office of the Maine Attorney General. On April 23, 2024, Valley Vet also sent out data breach letters to individuals whose information was compromised as a result of the hacking incident. Based on the Notice filed by the company, on March 28, 2024, Valley Vet detected unusual activity on some of its computer systems. In response, the company launched an investigation. The Valley Vet investigation revealed that an unauthorized party had access to certain company files between February 4, 2024, and March 4, 2024 (the "Data Breach"). The Private Information compromised in the Data Breach included highly sensitive data that represents a gold mine for data thieves, including but not limited to, payment card information that Valley Vet collected and maintained. Armed with the Private Information accessed in the Data Breach, data thieves can commit a variety of crimes including, e.g., opening new financial accounts in Class Members' names and taking out loans in Class Members' names. There has been no assurance offered by Valley Vet that all personal data or copies of data have been recovered or destroyed, or that Defendant has adequately enhanced its data security practices sufficient to avoid a similar breach of its network in the future. Therefore, Plaintiff and Class Members have suffered and are at an imminent, immediate, and continuing increased risk of suffering ascertainable losses in the form of harm from identity theft and other fraudulent misuse of their Private Information, the loss of the benefit of their bargain, out-of-pocket expenses incurred to remedy or mitigate the effects of the Data Breach, and the value of their time reasonably incurred to remedy or mitigate the effects of the Data Breach, says the complaint. The Plaintiff is an individual citizen of the State of Kentucky. Valley Vet is a horse and livestock supply company that serves thousands of customers nationwide.[BN] The Plaintiff is represented by: Michael D. Pospisil, Esq. Matthew T. Swift, Esq. POSPISIL SWIFT LLC 1600 Genessee St., Ste. 340 Kansas City, MO 64102 Phone: (816) 895-6440 Fax: (816) 895-9161 Email: mts@pslawkc.com mdp@pslawkc.com - and - Mason A. Barney, Esq. Tyler J. Bean, Esq. SIRI & GLIMSTAD LLP 745 Fifth Avenue, Suite 500 New York, NY 10151 Phone: (212) 532-1091 Email: mbarney@sirillp.com tbean@sirillp.com VANDER SCHAAF MURPHY: Claudio Files Suit in Cal. Super. Ct. ----------------------------------------------------------- A class action lawsuit has been filed against Vander Schaaf Murphy Road, L.P. The case is styled as Fredi Domingo Claudio, an individual, on behalf of himself and all others similarly situated v. Vander Schaaf Murphy Road, L.P., Case No. STK-CV-UWT-2024-0005623 (Cal. Super. Ct., San Joaquin Cty., May 10, 2024). The case type is stated as "Unlimited Civil Wrongful Termination." Vander Schaaf Murphy Road, L.P. is a California Limited Liability Partnership.[BN] The Plaintiff is represented by: Megan E. Ross, Esq. MELMED LAW GROUP PC 1801 Century Park E., Ste. 850 Los Angeles, CA 90067-2346 Phone: 310-237-3890 Email: megan@melmedlaw.com VILLAGE OF KINGS CREEK: Alfonso Files FLSA Suit in S.D. Florida --------------------------------------------------------------- A class action lawsuit has been filed against The Village of Kings Creek Condominium Association, Inc. The case is styled as Jaime Alfonso, and all others similarly situated v. Laurel Medical Supplies, Inc. doing business as: Laurel Medical Solutions, Case No. 1:24-cv-21830-XXXX (S.D. Fla., May 10, 2024). The lawsuit is brought over alleged violation of the Fair Labor Standards Act. The Village of Kings Creek Condominium Association, Inc. -- https://kcvamiami.org/ -- is a condominium complex in the Glenvar Heights, Florida.[BN] The Plaintiff appears pro se. XCEL ENERGY: Parker Seeks Damages Over Losses Due to Wildfire ------------------------------------------------------------- DONNIE PARKER d/b/a SPRING CREEK RANCH, individually and on behalf of all others similarly situated, Plaintiff v. XCEL ENERGY SERVICES, INC., SOUTHWESTERN PUBLIC SERVICE COMPANY DBA XCEL ENERGY, & OSMOSE UTILITIES SERVICES, INC., Defendants, Case No. 2:24-cv-00078-Z (N.D. Tex., April 18, 2024) is a class action brought by and for affected landowners asserting negligence against the defendants for their role in causing the Smokehouse Creek Fire and widespread catastrophic damage to their land and ability to use it. On February 26, 2024, an electrical line pole controlled or maintained by the Defendants in Hutchinson County, Texas cracked at its base and crashed to the ground, igniting the Smokehouse Creek Fire, the largest wildfire in Texas history. By the time it was fully contained, the Smokehouse Creek Fire had killed two people, burned over one-million acres (1,654 square miles), and destroyed numerous properties and thousands of livestock, says the suit. According to the complaint, Xcel's statements concerning this catastrophe are troubling. During a Texas House of Representatives committee hearing on the Smokehouse Creek Fire, Xcel noted that Osmose had flagged the Utility Pole for immediate replacement in as early as January 2024, but the Defendant "did not replace the pole in the weeks between when we received the inspection information from Osmose on Feb. 9 and when it broke in the high winds of Feb. 26, starting the fire . . . Obviously, I wish we could turn back the clock and replace the pole that day." These statements are glaring admissions of liability. What's more, in February 2023, Xcel sought approval from the Texas Public Utility Commission for multi-million-dollar rate increases to its customers. The purpose for this increase, in part, was to continue efforts in "wildfire mitigation activity to protect our communities and utility infrastructure." In April 2024, the PUC granted Xcel's request. In addition to the lives and livelihoods lost, the Smokehouse Creek Fire's economic toll has been estimated to be in the billions of dollars. This class action seeks to recover the billions of dollars in losses for the class members. Plaintiff Donnie Parker d/b/a Spring Creek Ranch is an individual and the legal owner of a 10,000-acre ranch and cattle operation located at 10287 County Road X, Skellytown, Texas. Xcel Energy Services, Inc. provides electric energy services.[BN] The Plaintiff is represented by: Derek Potts, Esq. Ryan Fowler, Esq. Bryce Romero, Esq. POTTS LAW FIRM, LLP 3737 Buffalo Speedway Suite 1900 Houston, TX 77098 Telephone: (713) 963-8881 Facsimile: (713) 583-5388 E-mail: dpotts@potts-law.com rfowler@potts-law.com bromero@potts-law.com ********* S U B S C R I P T I O N I N F O R M A T I O N Class Action Reporter is a daily newsletter, co-published by Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Washington, D.C., USA. Rousel Elaine T. Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L. Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors. Copyright 2024. All rights reserved. ISSN 1525-2272. This material is copyrighted and any commercial use, resale or publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. Information contained herein is obtained from sources believed to be reliable, but is not guaranteed. The CAR subscription rate is $775 for six months delivered via e-mail. Additional e-mail subscriptions for members of the same firm for the term of the initial subscription or balance thereof are $25 each. For subscription information, contact Peter A. Chapman at 215-945-7000. *** End of Transmission ***