/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
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Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L.
Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors.
Copyright 2024. All rights reserved. ISSN 1525-2272.
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