/raid1/www/Hosts/bankrupt/CAR_Public/240529.mbx
C L A S S A C T I O N R E P O R T E R
Wednesday, May 29, 2024, Vol. 26, No. 108
Headlines
7 CUPS OF TEA: Bid for Class Cert. in Garland Due Feb. 6, 2025
9W HALO: Court Declines to Vacate Trial Date in Butt
ADAPTHEALTH CORP: Class Cert Bid Filing Due Dec. 16
APPLE INC: Michaelson Sues Over Smartphone Market Monopoly
BASS PRO GROUP: Ruiz Suit Alleges Unlawful Tobacco Surcharges
BOB EVANS: Pitts Sues Over Production Workers' Unpaid OT
CATHOLIC UNIVERSITY: Slaughter Seeks to Certify FLSA Class Action
CELESTRON ACQUISITION: Spectrum Seeks Rule 23 Class Certification
CHARTER COMMUNICATIONS: Bid to Amend Sept 29 Order Granted in Part
CLEAN HARBORS: Must Oppose Bush Class Cert Bid by May 30
COLONIAL LIFE: Parties Must Submit Class Cert Response
COLONIAL LIFE: Seawell Seeks to Certify Class
COLTER ENERGY: Stay of Deadline to Submit Discovery Plan Sought
CONVERSE INC: Gutierrez Suit Seeks to File Documents Under Seal
DIVIDEND SOLAR: Faces Torrado Suit Over Hidden Dealer Fees
DOLLAR GENERAL: Brockington Seeks Bid for Class Certification
DOLLAR TREE: Tolley Suit Removed to E.D. California
ELEV8 FOUNDATION: Thompson Class Cert Bid Tossed w/o Prejudice
ERIC MICHAEL GARCETTI: L.A. Un-Housed People Seek to Certify Class
ERNEST HEALTH: Snow Alleges Inadequate Data Security Practices
ERTC EXPRESS: Dukes Seeks Conditional Status of Action
FADA GROUP: Xue Must Serve Settlement Demand by June 4
FORD MOTOR: Class Cert Bid Filing in Martin Continued to June 4
FORMOSA PLASTICS: Ashby Sues Over Failure to Secure Sensitive Data
FRONT PORCH: Class Cert Bid Filing in Raines Continued to June 28
FULFILLMENT AMERICA: Filing for Class Cert. Bid Extended to May 31
GLOBAL E-TRADING: Bid to Seal Class Cert Exhibits Granted in Part
GLOBAL E-TRADING: Class Cert. Bid Response Extended to June 14
GLOBAL E-TRADING: Seeks More Time to File Class Cert Response
GLOBAL TELLINK: Allen Sues Over Overcharging of Services
GOOD BOY BOB: Wahab Sues Over Blind-Inaccessible Website
GOOGLE LLC: Zhang Sues Over Illegal Use of Copyrighted Works
GRAFTECH INTERNATIONAL: UPRRS Appointed as Lead Plaintiff
INDEPENDENT BANK: Grice Appeals Summary Judgment Ruling to 4th Cir.
INOVA HEALTH: Ellison Appeals Summary Judgment Ruling to 4th Cir.
JAMES QUATTRONE: Seeks to Redact Portions of Exhibits
JERSEY FIRESTOP: Class Cert Briefing Adjourned to June 3
JODI GIRL: Altaras Sues Over Unpaid Minimum and Overtime Wages
JOHNSON & JOHNSON: Class Suit Seeks to Undo Fraudulent Transfers
KAHRS LAW OFFICES: Sims FDCPA Suit Removed to W.D. Missouri
KAISER FOUNDATION: Discloses Personal Medical Info, Newton Says
LADY JANE'S: Court Dismisses Gavin Class Suit
LEGENDS OWO: Filing for Class Cert Bid Due Dec. 20
LIVE NATION: Paxson Suit Seeks Rule 23 Class Certification
LUCKY WANG 2: Anderson Sues Over Blind-Inaccessible Website
MARATHON PETROLEUM: Extension of Class Cert Submission Sought
MIDLAND CREDIT: Madlinger Suit Removed to E.D. California
MIGUEL GOMEZ: Filing of Class Cert Response Extended to June 10
MOHAN'S CUSTOM: Anderson Sues Over Blind-Inaccessible Website
MRS BPO: Albano Seeks More Time to File Class Certification Bid
NEW ENCHANTMENT: Filing for Class Cert. Bid Due Oct. 31, 2025
NEW HOPE RISING: Carrucciu Sues Over Unpaid Minimum, Overtime Wages
NEW YORK LIFE: Class Cert Hearing in Linhart Continued to July 15
NEXA MORTGAGE: Diaz Suit Removed to S.D. California
NIKOLA CORPORATION: Borteanu Seeks to Certify Rule 23 Class Action
NURTURE INC: Filing for Class Cert Bid in Sanchez Due Oct. 25
OCTAPHARMA PLASMA: Fails to Protect Personal Info, Woodall Says
OHLA USA: Gilchrist Suit Removed to S.D. California
OLD DOMINION: Bid to Dismiss Sealy Class Action Tossed
OTTAWA COUNTY, MI: Burnside Seeks to Certify Rule 23 Class
PHARM-SAVE INC: Must File Summary Judgment Bid by June 14
PROFESSIONAL FINANCE: Rodriguez Seeks Initial OK of Settlement
REGENCE BLUESHIELD: Plaintiffs Must File Class Cert Bid by Nov. 8
RICHARD SYNDER: Expert's Certain Opinions Excluded in Waid Suit
SKYVIEW CAPITAL: Thompson Sues Over Unpaid Spread of Hours Wages
SOUTHWEST AIRLINES: Trial on USERRA Suit Set for July 21, 2025
TOWERS CONSTRUCTION: Ramos Sues Over Unlawful Labor Practices
UNITED SUGAR: Conspires to Fix Sugar Prices, Modern Pastry Says
VALLEY MOUNTAIN: Rabadi Sues Over Failure to Secure Personal Info
WELLS FARGO: Fails to Pay Overtime Wages, Smith Suit Says
WEST PUBLISHING: Murphy Sues Over Inaccurate Consumer Reports
WR RETAIL MARKET: Thomas Sues Over Discriminatory Acts and Omission
*********
7 CUPS OF TEA: Bid for Class Cert. in Garland Due Feb. 6, 2025
--------------------------------------------------------------
In the class action lawsuit captioned as CAYLYN GARLAND, et al., v.
7 CUPS OF TEA, CO., Case No. 5:23-cv-04492-PCP (N.D. Cal.), the
Hon. Judge P. Casey Pitts entered a case management order as
follows:
-- Joinder and Other Amendments: July 17, 2024
-- Motion for Class Certification: Feb. 6, 2025
-- Fact Discovery Cutoff: March 28, 2025
-- Designation of Opening Experts with April 14, 2025
Reports:
-- Designation of Rebuttal Experts May 12, 2025
with Reports:
-- Expert Discovery Cutoff: July 8, 2025
-- Filing of Dispositive/Daubert Motion(s): July 16, 2025
-- Joint Pretrial Conference: Jan. 20, 2026
7 Cups offers chat rooms and listener communities with the option
to connect with a therapist if needed.
A copy of the Court's order dated May 21, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=9UA6Nn at no extra
charge.[CC]
9W HALO: Court Declines to Vacate Trial Date in Butt
----------------------------------------------------
In the class action lawsuit captioned as WAQAS N. BUTT,
individually and on behalf of himself and all others similarly
situated, v. 9W HALO WESTERN OPCO, L.P., a Delaware limited
liability company doing business as ANGELICA TEXTILE SERVICES; and
DOES 1 through 50, inclusive, Case No. 2:22-cv-01446-WBS-AC (E.D.
Cal.), the Hon. Judge William Shubb entered an order declining to
vacate the trial date and all remaining deadlines at this time.
However, the court will consider resetting the trial date, pretrial
conference, and remaining deadlines to later dates agreed upon by
the parties, and also the parties' agreed briefing schedule and
hearing date for any motion for class certification, upon receipt
of a revised stipulation setting forth all of these proposed dates.
9w Halo is engaged in supplying linen to commercial establishments
and household users.
A copy of the Court's order dated May 21, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=3duEM4 at no extra
charge.[CC]
ADAPTHEALTH CORP: Class Cert Bid Filing Due Dec. 16
----------------------------------------------------
In the class action lawsuit captioned as Ray v. AdaptHealth Corp.
et al., Case No. 1:22-cv-00898 (M.D.N.C., Filed Oct. 20, 2022), the
Hon. Judge Thomas D. Schroeder entered an order on motion for
extension of time to complete discovery.
-- The deadline to move for class certification shall be Dec. 16,
2024.
-- The deadline for opposing the motion for class certification
shall
be Jan. 13, 2025.
-- The deadline for filing a reply in support of the motion for
class
certification shall be Jan. 27, 2025.
-- In addition, the deadline to request leave to join additional
parties or amend the pleadings shall be Aug. 15, 2024.
-- The deadline to file dispositive motions shall be March 26,
2025.
-- Responses to such motions shall be filed by April 16, 2025.
-- Replies shall be filed by April 23, 2025.
The suit alleges violation of the Fair Debt Collection Practices
Act (FDCPA).
AdaptHealth engages in the provision of home healthcare equipment,
supplies and related services.[CC]
APPLE INC: Michaelson Sues Over Smartphone Market Monopoly
----------------------------------------------------------
ROBERT MICHAELSON, individually and on behalf of all others
similarly situated, Plaintiff v. APPLE INC., Defendant, Case No.
2:24-cv-05722 (D.N.J., April 29, 2024) seeks to address Apple's
anticompetitive and exclusionary conduct in violation of the
Sherman Act.
According to the complaint, Apple used anticompetitive techniques
to lock consumers and developers into its ecosystem, thwart nascent
competitive threats, and build a "moat" around the iPhone that
would ensure monopoly profits for years to come. Specifically,
Apple's anticompetitive acts include, but are not limited to, its
contractual restrictions against app creation, distribution, and
access to Application Programming Interfaces that have impeded apps
and technologies including, but not limited to, super apps, cloud
streaming, messaging, wearables, and digital wallets. The areas
identified in this complaint reflect a non-exhaustive list of
recent anticompetitive acts but as technology advances, both the
technologies being impeded, and the specific manner of impediment
may shift in response to technological and regulatory change
consistent with Apple's past conduct, says the suit.
The Plaintiff seeks in this suit to vindicate the interests of the
millions of consumers who have overpaid for iPhones they purchased
from Apple, missed out on the innovation and improved user
experiences that competition would have made possible, and face
ongoing harm unless this Court enjoins Apple's monopolistic conduct
in the performance smartphone and smartphone markets.
Apple Inc. is a global technology company with headquarters in
Cupertino, California.[BN]
The Plaintiff is represented by:
James E. Cecchi, Esq.
CARELLA, BYRNE, CECCHI, BRODY
& AGNELLO, P.C.
5 Becker Farm Road
Roseland, NJ 07068
Telephone: (973) 994-1700
Facsimile: (973) 994-1744
E-mail: jcecchi@carellabyrne.com
- and -
Joseph H. Meltzer, Esq.
Terence S. Ziegler, Esq.
Ethan J. Barlieb, Esq.
KESSLER TOPAZ MELTZER & CHECK, LLP
280 King of Prussia Road
Radnor, PA 19087
Telephone: (610) 667-7706
E-mail: jmeltzer@ktmc.com
tziegler@ktmc.com
ebarlieb@ktmc.com
BASS PRO GROUP: Ruiz Suit Alleges Unlawful Tobacco Surcharges
-------------------------------------------------------------
NORA RUIZ, individually and on behalf of all others similarly
situated, Plaintiff v. BASS PRO GROUP LLC, and BPS DIRECT LLC,
d/b/a BASS PRO SHOPS, Defendants, Case No. 6:24-cv-03122-JAM (W.D.
Mo., April 26, 2024) is a class action against the Defendants for
failure to comply with the terms of the Employee Retirement Income
Security Act when collecting tobacco surcharges as part of health
insurance coverage.
Upon information and belief, all regular employees and eligible
dependents can receive health insurance coverage by participating
in a medical plan sponsored and administered by Bass Pro. These
medical plans operate under the plan name Bass Pro Group LLC Health
and Welfare Benefit Plans. For those employees and their dependents
to participate in the Plan, they must declare whether they are a
tobacco user. Those who do use tobacco products are required to pay
an additional fee of $40 per week -- or $2,080 per year -- to
maintain coverage.
The complaint alleges that Defendants failed to comply with ERISA
terms and therefore collected the tobacco surcharge in violation of
the law and in violation of its duties to plan participants and the
Plan. Further, Bass Pro's plan materials used for communicating
information about the surcharge with participants make no mention
of an opportunity to earn the full reward for the entire plan year
by completing a reasonable alternative standard. And those
materials do not include a disclosure that the recommendations of
an individual's personal physician would be accommodated. Thus, the
surcharge violates ERISA's anti-discrimination requirements, and
its collection by Bass Pro was and remains unlawful, says the
suit.
Plaintiff Ruiz is a regular, full-time Bass Pro employee working as
an outfitter support specialist who was required to pay the illegal
tobacco surcharge to maintain health insurance coverage.
Bass Pro Group LLC is an outdoor and sporting goods retailer
operating throughout the United States.[BN]
The Plaintiff is represented by:
George A. Hanson, Esq.
Alexander T. Ricke, Esq.
Caleb J. Wagner, Esq.
STUEVE SIEGEL HANSON LLP
460 Nichols Road, Suite 200
Kansas City, MO 64112
Telephone: (816) 714-7100
Facsimile: (816) 714-7101
E-mail: hanson@stuevesiegel.com
ricke@stuevesiegel.com
wagner@steuvesiegel.com
- and -
Ryan L. McClelland, Esq.
MCCLELLAND LAW FIRM, P.C.
The Flagship Building
200 Westwoods Drive
Liberty, MO 64068-1170
Telephone: (816) 781-0002
Facsimile: (816) 781-1984
E-mail: ryan@mcclellandlawfirm.com
BOB EVANS: Pitts Sues Over Production Workers' Unpaid OT
--------------------------------------------------------
CRYSTAL PITTS, SANDRA ARNETT, and DEMETRIUS HARVEY, on behalf of
themselves and others similarly situated, Plaintiffs v. BOB EVANS
FARMS, LLC, Defendant, Case No. 2:24-cv-01992-SDM-CMV (S.D. Ohio,
April 26, 2024) challenges policies and practices of Defendant that
violated the Fair Labor Standards Act.
The Plaintiffs and other similarly situated employees were
production workers in Defendant's food production facilities within
the last three years. They regularly worked 40 or more hours in a
workweek in the six years preceding the filing of this action,
including donning and doffing time and associated travel and wait
time. They assert that they were not paid overtime compensation for
all of the hours they worked in excess of 40 each workweek.
Bob Evans Farms, LLC manufactures, packages, and distributes food
products at its facilities in Ohio, Michigan, and Texas.[BN]
The Plaintiffs are represented by:
Hans A. Nilges, Esq.
NILGES DRAHER LLC
7034 Braucher St., N.W., Suite B
North Canton, OH 44720
Telephone: (330) 470-4428
Facsimile: (330) 754-1430
E-mail: hans@ohlaborlaw.com
- and -
Jeffrey J. Moyle, Esq.
NILGES DRAHER LLC
1360 E. 9th Street, Suite 808
Cleveland, OH 44113
Telephone: (330) 470-4428
Facsimile: (330) 754-1430
E-mail: jmoyle@ohlaborlaw.com
CATHOLIC UNIVERSITY: Slaughter Seeks to Certify FLSA Class Action
-----------------------------------------------------------------
In the class action lawsuit captioned as STEVEN SLAUGHTER, v.
CATHOLIC UNIVERSITY OF AMERICA, Case No. 1:23-cv-02703-JEB
(D.D.C.), the Plaintiff asks the Court to enter an order:
1) conditionally certifying the Plaintiff's FLSA collective
action
of all individuals who are or have been employed by the
Catholic
University of America in its Department of Public Safety
(DPS)
on or since Aug. 3, 2020;
2) directing the Defendants to produce to the Plaintiffs'
counsel,
within 14 calendar days of a favorable ruling on this Motion,
the full name, job title, last known address, telephone
number,
e-mail address, and dates of employment of each and every
individual employed by the Defendant in its Department of
Public
Safety at any time on or since Aug. 3, 2020;
3) approving the attached Notice of Pending Collective Action
and
Consent to Join Action Form for posting at the Defendant's
worksite(s) and distribution to potential plaintiffs;
4) overseeing the notification to potential plaintiffs; and
5) granting all other and further relief that the Court deems
just.
As required by LCvR 7(m), counsel for the Plaintiff conferred with
counsel for the Defendant regarding this Motion.
The Defendant's counsel indicated on May 2, 2024 that the Defendant
does not consent to the filing of this motion.
Catholic University is a pontifical university of the Catholic
Church in the United States.
A copy of the Plaintiff's motion dated May 20, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=TK6QJr at no extra
charge.[CC]
The Plaintiff is represented by:
Nekeisha Campbell, Esq.
Katherin Lease, Esq.
Ari M. Wilkenfeld, Esq.
ALAN LESCHT & ASSOCIATES, P.C.
1825 K Street NW, Suite 750
Washington, DC 20006
Telephone: (202) 463-6036
Facsimile: (202) 463-6037
E-mail: Ari.Wilkenfeld@leschtlaw.com
Nekeisha.Campbell@leschtlaw.com
Katherine.lease@leschltaw.com
CELESTRON ACQUISITION: Spectrum Seeks Rule 23 Class Certification
-----------------------------------------------------------------
In the class action lawsuit captioned as Spectrum Scientifics, LLC
et al v. CELESTRON ACQUISITION, LLC et al. (RE TELESCOPES ANTITRUST
LITIGATION), Case No. 5:20-cv-03642-EJD (N.D. Cal.), the Plaintiffs
will move the Court on July 18, 2024, to certify a class under
Federal Rule of Civil Procedure 23.
For almost two decades, the Defendants have colluded to fix prices,
and allocate and monopolize the market for consumer telescopes in
the United States. As direct purchasers of telescopes made and sold
by the Defendants, Plaintiffs Pioneer and Aurora were overcharged
for their purchases. They were not alone. Because Defendants
unlawfully inflated the price of telescopes, everyone who bought a
telescope directly from Defendants paid too much.
The Plaintiff Pioneer Cycling & Fitness, LLP is a 41-year-old
family business run by Denise Wolens and her husband, Troy.
The Plaintiff Aurora Astro Products, LLC sold telescopes in a
retail store, online, and at trade Shows.
Celestron manufactures life science equipment.
A copy of the Plaintiffs' motion dated May 20, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=Q2Lqdt at no extra
charge.[CC]
The Plaintiffs are represented by:
J. Noah Hagey, Esq.
Matthew Borden, Esq.
Ellen V. Leonida, Esq.
Andrew Levine, Esq.
Yekaterina Kushnir, Esq.
Garrett Biedermann, Esq.
Eric Schlabs, Esq.
BRAUNHAGEY & BORDEN LLP
351 California Street, 10th Floor
San Francisco, CA 94104
Telephone: (415) 599-0210
Facsimile: (415) 276-1808
E-mail: hagey@braunhagey.com
borden@braunhagey.com
leonida@braunhagey.com
levine@braunhagey.com
kushnir@braunhagey.com
biedermann@braunhagey.com
schlabs@braunhagey.com
CHARTER COMMUNICATIONS: Bid to Amend Sept 29 Order Granted in Part
------------------------------------------------------------------
In the class action lawsuit captioned as DEVENAN MAHARAJ,
individually and on behalf of all other similarly situated
employees of Defendants in the State of California, v. CHARTER
COMMUNICATIONS, INC., and DOES 1 through 50, inclusive, Case No.
3:20-cv-00064-BAS-VET (S.D. Cal.), the Hon. Judge Valerie Torres
entered an order granting in part joint motion to amend the Court's
Sept. 29, 2023, scheduling order.
1. All fact discovery shall be completed July 5, 2024
by all parties by:
2. All expert discovery shall be completed July 5, 2024
by all parties by:
3. Any motion for class certification Aug. 5, 2024.
must be filed by:
Charter is an American telecommunications and mass media company.
A copy of the Court's order dated May 17, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=cjHkmm at no extra
charge.[CC]
CLEAN HARBORS: Must Oppose Bush Class Cert Bid by May 30
---------------------------------------------------------
In the class action lawsuit captioned as RICKY BUSH, Individually
and on behalf of a class of similarly situated persons, v. CLEAN
HARBORS COLFAX, LLC, Case No. 1:22-cv-02026-DDD-JPM (W.D. La.), the
Defendant asks the Court to enter an order granting the consent
motion and extending the deadline for filing of its Opposition to
the motion to certify class to May 30, 2024.
Clean Harbors requires this additional time to fully respond to the
extended briefing submitted by the Plaintiffs, particularly in
light of undersigned counsel's schedule which includes an
out-of-town hearing on the date that the opposition is currently
due.
This Court originally set the deadline for filing dispositive
motions and motions for class certification as October 13, 2023.
For a series of reasons, the deadline for filing for a Motion for
Class Certification was extended more than once, with the Court
ultimately extending the dispositive motion cutoff to April 26,
2024. At the time of the last extension of the Plaintiffs' cutoff
for filing a Motion to Certify, the parties also agreed to extend
Clean Harbors' deadline for opposition to the motion.
Clean Harbors offers disposal option for explosive materials.
A copy of the Defendant's motion dated May 20, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=xOIbxS at no extra
charge.[CC]
The Defendant is represented by:
Eric E. Jarrell, Esq.
Robert J. Burvant, Esq.
Marie O. Luis, Esq.
KING & JURGENS, LLC
201 St. Charles Avenue, Suite 4500
New Orleans, LA 70170
Telephone: (504) 582-3800
Facsimile: (504) 582-1233
E-mail: ejarrell@kingjurgens.com
rburvant@kingjurgens.com
mluis@kingjurgens.com
COLONIAL LIFE: Parties Must Submit Class Cert Response
------------------------------------------------------
In the class action lawsuit captioned as Seawell, et al., v.
Colonial Life & Accident Insurance Company, Case No. 1:22-cv-00278
(S.D. Ala., Filed July 15, 2022), the Hon. Judge Terry F. Moorer
entered an order directing the parties to submit to Chambers paper
courtesy copies of their response, reply brief, and supporting
evidence on the class certification motion no later than May 31,
2024.
The courtesy copies shall be bound in a three-ring binder and
tabbed. Signed by District Judge Terry F. Moorer on May 17, 2024.
The nature of suit states Contract -- Insurance.
Colonial Life offers disability, accident, life, cancer, critical
illness and hospital confinement insurance plans.[CC]
COLONIAL LIFE: Seawell Seeks to Certify Class
---------------------------------------------
In the class action lawsuit captioned as HENRY R. SEAWELL, III &
KATHRYN D. SEAWELL, v. COLONIAL LIFE & ACCIDENT INSURANCE COMPANY,
Case No. 1:22-cv-00278-TFM-MU (S.D. Ala.), the Plaintiffs ask the
Court to enter an order granting motion to certify class.
Colonial first complains that the putative class should not include
insureds under both its Cancer Security and Cancer 1000 policies,
but that the class should instead be confined only to insureds who
have the Cancer Security policy (the policy type purchased by the
Seawells).
Colonial contends that these two policy types have "material
variations in contract language" concerning the oral chemotherapy
benefit.
Colonial argues that regardless of how Plaintiffs intend to prove
their case on a class-wide basis, "Colonial will introduce
extrinsic evidence in support of its interpretation of the policy"
In the end, Colonial has made no record containing probative
extrinsic evidence. That's understandable, because its very
existence is dubious.
Colonial Life provides disability, life, accident, critical
illness, cancer, dental and vision benefits.
A copy of the Plaintiff's motion dated May 17, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=UGz369 at no extra
charge.[CC]
The Plaintiffs are represented by:
Desmond V. Tobias, Esq.
Bryan E. Comer, Esq.
TOBIAS & COMER, LLC
1203 Dauphin Street
Mobile, AL 36604
Telephone: (251) 432-5001
Facsimile: (251) 432-0714
E-mail: bryan@tmclawyers.com
- and -
Henry R. Seawell, IV, Esq.
THE SEAWELL FIRM, LLC
Mobile, AL 36640
Telephone: (251) 434-5012
Facsimile: (251) 434-5013
E-mail: hseawell@seawellfirm.com
- and -
Wilson F. Green, Esq.
WILSON F. GREEN LLC
301 19th Street North, Ste. 525
Birmingham, AL 35203
Telephone: (205) 722-1018
E-mail: wilson@wilsongreenlaw.com
COLTER ENERGY: Stay of Deadline to Submit Discovery Plan Sought
---------------------------------------------------------------
In the class action lawsuit captioned as ADHAM ZAAROUR,
Individually and On Behalf of Others Similarly Situated, v. COLTER
ENERGY SERVICES USA INC., Case No. 2:24-cv-00443-GMN-BNW (D. Nev.),
the Plaintiff and the Defendant ask the Court to enter an order
staying deadline to submit a proposed discovery plan and scheduling
order pending the court's ruling on plaintiff's motion for
conditional certification.
1. The deadline for the parties to submit a proposed discovery
plan
and scheduling order shall be stayed pending decision on the
Plaintiff's motion for conditional certification.
2. Should the Court grant Plaintiff’s Motion for Conditional
Certification in full or in part, the Parties agree to (1)
conduct a Rule 26(f) conference within 14 days of the end of
any
opt-in period, and (2) file the proposed Discovery Plan and
Scheduling Order within 14 days after such Rule 26(f)
Conference.
3. Should the Court deny Plaintiff’s Motion for Conditional
Certification in full, the Parties agree to (1) conduct a
Rule
26(f) conference within 14 days after the issuance of the
order,
and (20 file a proposed Discovery Plan and Scheduling Order
within 28 days after the issuance of the order.
On March 11, 2024, Plaintiff filed a Motion for Conditional
Certification, which seeks permission to send a Court-authorized
notice to putative collective members to apprise them of their
rights under the Fair Labor Standards Act (FLSA) and to give them
an opportunity to join this case as party plaintiffs by submitting
a written consent to join the collective action pursuant to 29
U.S.C. section 216(b).
Colter is a flowback & production testing equipment and service
provider.
A copy of the Plaintiff's motion dated May 17, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=IXTT2M at no extra
charge.[CC]
The Plaintiff is represented by:
Esther C. Rodriguez, Esq.
RODRIGUEZ LAW OFFICES, P.C.
10161 Park Run Drive, Suite 150
Las Vegas, NV 89145
Telephone: (702) 320-8400
Facsimile: (702) 320-8401
E-mail: esther@rodriguezlaw.com
- and -
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH PLLC
11 Greenway Plaza, Suite 3025
Houston, TX 77046
Telephone: (713) 877-8788
E-mail: rburch@brucknerburch.com
- and -
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
William M. Hogg, 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
whogg@mybackwages.com
The Defendant is represented by:
Gillian G. O'Hara, Esq.
KUTAK ROCK LLP
1650 Farnam Street
The Omaha Building
Omaha, NE 68102
Telephone: (402) 346-6000
E-mail: gigi.ohara@kutakrock.com
- and -
John T. Keating, Esq.
KEATING LAW GROUP
9130 West Russell Road, Suite 200
Las Vegas, NV 89148
Telephone: (702) 228-6800
E-mail: jkeating@keatinglg.com
CONVERSE INC: Gutierrez Suit Seeks to File Documents Under Seal
---------------------------------------------------------------
In the class action lawsuit captioned as NORA GUTIERREZ, on behalf
of herself and all others similarly situated, v. CONVERSE INC., a
Massachusetts Corporation, and DOES 1 through 25, inclusive, Case
No. 2:23-cv-06547-KK-MAR (C.D. Cal.), the Plaintiff asks the Court
to enter an order granting her request permission to file under
seal certain exhibits submitted as part of Declaration of Camrie
Ventry in Support of Plaintiff Nora Gutierrez's motion for class
certification.
The documents were all produced by Defendant Converse Inc., who
designated each of them as confidential or highly confidential –
attorneys' eyes only pursuant to the Protective Order entered in
this case.
The Plaintiff does not believe that any of the attached documents
are entitled to be filed under seal, in part or in whole. Plaintiff
may oppose the request to seal these documents but is nonetheless
required by the Local Rules to first follow this procedure.
Converse is an American lifestyle brand that markets, distributes,
and licenses footwear, apparel, and accessories.
A copy of the Plaintiff's motion dated May 17, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=oyAgHo at no extra
charge.[CC]
The Plaintiff is represented by:
Robert Tauler, Esq.
Narain Kumar, Esq.
TAULER SMITH LLP
626 Wilshire Boulevard, Suite 550
Los Angeles, CA 90017
Telephone: (310) 590-3927
E-mail: rtauler@taulersmith.com
nkumar@taulersmith.com
The Defendants are represented by:
Livia M. Kiser, Esq.
Samuel C. Cortina, Esq.
KING & SPALDING LLP
633 West Fifth Street, Suite 1600
Los Angeles, CA 90071
E-mail: lkiser@kslaw.com
mpanek@kslaw.com
DIVIDEND SOLAR: Faces Torrado Suit Over Hidden Dealer Fees
----------------------------------------------------------
EMILY TORRADO, individually and on behalf of all others similarly
situated, Plaintiff v. DIVIDEND SOLAR FINANCE, LLC; FIFTH THIRD
BANK, NATIONAL ASSOCIATION d/b/a DIVIDEND FINANCE; and DIVIDEND
FINANCE, INC., Defendants, Case No. 3:24-cv-00410 (M.D Fla., April
26, 2024) arises from the Defendants' alleged unfair and deceptive
loans which are laden with massive hidden fees that can amount to
more than 30% of the total loan price in violation of the Truth In
Lending Act and the Florida's Unfair and Deceptive Trade Practices
Act.
According to the complaint, Dividend is one of a handful of lenders
that have cornered the solar loan market. It touts "fintech
point-of-sale" systems that enable salespersons to quickly sign
consumers up for solar energy loans. In return, Dividend receives a
"dealer fee" which can account for more than 30% of the total loan
amount. But neither Dividend nor the salespersons tell the
consumers about this fee.
Through this action, the Plaintiff seeks to hold Dividend
accountable and for Dividend to be required to compensate Plaintiff
and the Class for the money Dividend extracted from them through
its hidden dealer fees, for declaratory and injunctive relief
requiring Dividend to conform its conduct to the law, and for all
other legal and equitable relief to which Plaintiff and the Class
are entitled.
Dividend Solar Finance, LLC is a "finance partner" to solar sales
companies -- meaning that it has entered into agreements with those
companies to facilitate financing for expensive solar systems.[BN]
The Plaintiff is represented by:
C. Richard Newsome, Esq.
R. Frank. Melton, Esq.,
William C. Ourand, Esq.
Amy L. Judkins, Esq.
NEWSOME MELTON
201 South Orange Avenue, Suite 1500
Orlando, FL 32801
Telephone: (407) 648-5977
Facsimile: (407) 648-5282
E-mail: ourand@newsomelaw.com
ajudkins@newsomelaw.com
DOLLAR GENERAL: Brockington Seeks Bid for Class Certification
-------------------------------------------------------------
In the class action lawsuit captioned as LEONARD BROCKINGTON,
individually and on behalf of all others similarly situated, v.
DOLLAR GENERAL CORPORATION, Case No. 1:22-cv-06666-LJL (S.D.N.Y.),
the Plaintiff will move the Court, before the Honorable Judge Lewis
J. Liman, on a date and time that the Court will determine, for an
Order pursuant to Federal Rules of Civil Procedure 23(a), (b), and
(c):
1. Certifying all persons who purchased crackers purporting to
be
made predominantly with whole grain graham flour and
sweetened
primarily with honey ("Product") sold by Dollar General
Corporation under its Clover Valley brand in New York, during
the statutes of limitations, excluding the judge or
magistrate
assigned to this case; Defendant; any entity in which the
Defendant has a controlling interest; Defendant's officers,
directors, legal representatives, successors, and assigns;
2. Appointing Leonard Brockington as representative of the
Class;
and
3. Appointing Sheehan & Associates, P.C. as Class Counsel.
Dollar is an American chain of discount stores.
A copy of the Plaintiff's motion dated May 20, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=t0Viax at no extra
charge.[CC]
The Plaintiff is represented by:
Spencer Sheehan, Esq.
SHEEHAN & ASSOCIATES, P.C.
60 Cuttermill Rd Ste 412
Great Neck NY 11021
Telephone: (516) 268-7080
E-mail: spencer@spencersheehan.com
DOLLAR TREE: Tolley Suit Removed to E.D. California
---------------------------------------------------
The case styled as Denise Tolley, on behalf of herself and all
others similarly situated v. DOLLAR TREE STORES, INC.; FAMILY
DOLLAR SERVICES, LLC; FAMILY DOLLAR, INC.; FAMILY DOLLAR, LLC; DOES
1 through 50; inclusive, Case No. A-23-869440-C was removed from
the Eighth Judicial District Court in and for the County of Clark,
State of Nevada, to the United States District Court for the
District of Nevada on May 16, 2024, and assigned Case No.
2:24-cv-00922.
The Plaintiff's Complaint asserts three causes of action on behalf
of herself and all other similarly situated employees: Failure to
pay overtime in violation of NRS 608.018 and NRS 608.140; and
Failure to timely pay all wages due and owing in violation of NRS
608.020-050 and 608.140; and Injunctive Relief. The Complaint
defines two classes: The Nevada Overtime Class, which is defined as
"All hourly paid non-exempt persons employed by Defendants in the
state of Nevada who earned less than 1 and a half times the
applicable minimum wage and who worked over 8 hours in a workday at
any time within 3 years from April 18, 2023 until judgment"; and
The Waiting Time Penalty Class, which is defined as "All Nevada
Overtime Class Members who are former employees of
Defendants."[BN]
The Defendants are represented by:
Roger L. Grandgenett II, Esq.
Amy L. Thompson, Esq.
LITTLER MENDELSON, P.C.
3960 Howard Hughes Parkway, Suite 300
Las Vegas, NV 89169.5937
Phone: 702.862.8800
Fax: 702.862.8811
Email: rgrandgenett@littler.com
athompson@littler.com
ELEV8 FOUNDATION: Thompson Class Cert Bid Tossed w/o Prejudice
--------------------------------------------------------------
In the class action lawsuit captioned as Thompson, et al., v. Elev8
Foundation Inc., et al., Case No. 1:20-cv-09581 (S.D.N.Y., Filed
Nov. 13, 2020), the Hon. Judge Margaret M. Garnett entered an order
denying without prejudice motion to certify class.
In light of the Court's order staying this case, this motion is
denied without prejudice to renewal if the case is not settled in
mediation (and can be re-activated by request of counsel), the
Court says.
The suit alleges violation of the Fair Labor Standards Act (FLSA).
Elev8 is a non-profit organization created to help elevate lives of
Gambians and Americans via healthcare and education.[CC]
ERIC MICHAEL GARCETTI: L.A. Un-Housed People Seek to Certify Class
------------------------------------------------------------------
In the class action lawsuit captioned as PEOPLE OF CITY OF LOS
ANGELES WHO ARE UN-HOUSED, AS A CLASS REPRESENTED BY C. FINLEY,
etc., v. ERIC MICHAEL GARCETTI, et al., Case No.
2:21-cv-06003-DOC-KES (C.D. Cal.), the Plaintiffs ask the Court to
enter an order granting their motion for class certification and
certifying this as a class action under Rules 23(b)(1), 23(b)(2),
and 23(b)(3).
All plaintiffs allege that they have been subjected by defendants
to negative and unconstitutional treatments based on their statuses
of being un-housed, in violation of Martin. All plaintiffs bring
claims for violations of their Eighth and Fourteenth Amendment
rights.
-- Class Definition
There should be two classes: (1) All un-housed persons who
reside
in the City of Los Angeles; and (2) All un-housed persons who
reside on the streets or sidewalks. These two classes should
cover
all of the City's homeless population.
A copy of the Plaintiffs' motion dated May 16, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=XDYf9G at no extra
charge.[CC]
The Plaintiffs are represented by:
Stephen Yagman, Esq.
YAGMAN + REICHMANN, LLP
333 Washington Boulevard
Venice Beach, CA 90292-5152
Telephone: (310) 452-3200
E-mail: filing@yagmanlaw.net
ERNEST HEALTH: Snow Alleges Inadequate Data Security Practices
--------------------------------------------------------------
MARIE SNOW and GAIL LEDGERWOOD, individually and on behalf of all
others similarly situated, Plaintiffs v. ERNEST HEALTH, INC.,
Defendant, Case No. 3:24-cv-01019-B (N.D. Tex., April 26, 2024) is
a class action arising from a recent cyberattack and data breach
caused by Defendant's failure to implement reasonable and industry
standard data security practices.
The Plaintiffs bring this Complaint against Defendant for its
failure to properly secure and safeguard the sensitive information
that it collected and maintained as part of its regular business
practices. Such information included, but was not limited to names,
Social Security numbers, driver's license numbers, addresses, dates
of birth, or personally identifying information and medical record
numbers, health insurance plan member IDs, claims data, diagnoses,
and prescription information, or protected health information, as
defined by the Health Insurance Portability and Accountability Act
of 1996.
The Plaintiffs seeks to remedy these harms and prevent any future
data compromise on behalf of themselves and all similarly situated
persons whose personal data was compromised and stolen as a result
of the Data Breach and who remain at risk due to Defendan's
inadequate data security practices.
Ernest Health, Inc. is a network of rehabilitation and long-term
acute care hospitals.[BN]
The Plaintiffs are represented by:
Joe Kendall, Esq.
KENDALL LAW GROUP, PLLC
3811 Turtle Creek Blvd., Suite 825
Dallas, TX 75219
Telephone: (214) 744-3000
Facsimile: (214) 744-3015
E-mail: jkendall@kendalllawgroup.com
- and -
Jeffrey S. Goldenberg, Esq.
GOLDENBERG SCHNEIDER, LPA
4445 Lake Forest Drive, Suite 490
Cincinnati, OH 45242
Telephone: (513) 345-8291
E-mail: -64-jgoldenberg@gs-legal.com
- and -
Charles E. Schaffer, Esq.
LEVIN SEDRAN & BERMAN
510 Walnut Street, Suite 500
Philadelphia, PA 19106
Telephone: (215) 592-1500
E-mail: cschaffer@lfsblaw.com
- and -
Jeffrey K. Brown, Esq.
Brett R. Cohen, Esq.
LEEDS BROWN LAW, P.C.
One Old Country Road, Suite 347
Carle Place, NY 11514-1851
Telephone: (516) 873-9550
E-mail: jbrown@leedsbrownlaw.com
bcohen@leedsbrownlaw.com
ERTC EXPRESS: Dukes Seeks Conditional Status of Action
------------------------------------------------------
In the class action lawsuit captioned as CHARLOTTE DUKES,
individually and on behalf of all others similarly situated, v.
ERTC EXPRESS, LLC and JOHN SOUZA, Case No. 8:24-cv-00618-TPB-NHA
(M.D. Fla.), the Plaintiff asks the Court to enter an order:
(a) conditionally certifying Fair Labor Standards Act (FLSA)
collective action for all Tampa office AE;
(b) requiring the Defendants to produce in Excel format the full
names, addresses, cellular phone numbers, employee IDs, and
email addresses (including personal email addresses to the
extent they are available) for each member of the FLSA
collective;
(c) authorizing notice be sent to the members of the FLSA
Collective, disseminated by U.S. Mail, email and via website
(returnable via mail, email, fax, or via website);
(d) authorizing reminder notices halfway through the 60-day
notice
period; and
(e) granting any further relief this Court deems just and
proper.
The Plaintiff Dukes commenced this FLSA collective action against
Defendants for willful violations of the FLSA by failing to pay
overtime wages for all hours worked.
The Plaintiffs were all treated as salaried, exempt “inside
sales” employees working under the title of Account Executives
(AE), including variations in this name such as Senior.
The Defendants allegedly engaged in a scheme to avoid paying
overtime wages to its AE by willfully misclassifying them as exempt
from overtime wages in a blatant and reckless disregard for the law
applicable to a position, that of inside sales, well known to be
non-exempt under the FLSA.
ERTC is a business consultancy that focuses on tax consultation and
provides expert assistance on employee retention tax credits.
A copy of the Plaintiff's motion dated May 20, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=B55FoH at no extra
charge.[CC]
The Plaintiff is represented by:
Mitchell L. Feldman, Esq.
FELDMAN LEGAL GROUP
12610 Race Track Road, Suite 225
Tampa, FL 33626
Telephone: (813) 639-9366
Facsimile: (813) 639-9376
E-mail: Mfeldman@flandgatrialattorneys.com
FADA GROUP: Xue Must Serve Settlement Demand by June 4
-------------------------------------------------------
In the class action lawsuit captioned as XUE v. FADA GROUP INC., et
al., Case No. 2:23-cv-02371 (D.N.J., Filed April 28, 2023), the
Hon. Judge Evelyn Padin entered an order
-- The Plaintiff's counsel shall serve a settlement June 4,
2024
demand on Defense counsel on or before:
-- The parties shall submit a joint letter on June 25,
2024
or before:
The nature of suit states Statutory Actions -- Tax Liability.[CC]
FORD MOTOR: Class Cert Bid Filing in Martin Continued to June 4
---------------------------------------------------------------
In the class action lawsuit captioned as CYNTHIA MARTIN, on behalf
of herself and others similarly situated, v. FORD MOTOR COMPANY, a
Corporation, and DOES 1 through 10, inclusive, Case No.
2:20-cv-10365-DMG-JPR (C.D. Cal.), the Hon. Judge Dolly Dee entered
an order continuing the Plaintiff's deadline to file motion for
class certification to June 4, 2024.
The Parties shall otherwise comply with the current operative
schedule except to the extent modified.
Ford Motor is an American multinational automobile manufacturer.
A copy of the Court's order dated May 17, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=fvrpMu at no extra
charge.[CC]
FORMOSA PLASTICS: Ashby Sues Over Failure to Secure Sensitive Data
------------------------------------------------------------------
Jonnathan Ashby, individually and on behalf all others similarly
situated v. FORMOSA PLASTICS CORPORATION, U.S.A, Case No.
2:24-cv-06206 (D.N.J., May 16, 2024), is brought arising out of
Formosa's failures to properly secure, safeguard, encrypt, and/or
timely and adequately destroy Plaintiff's and Class Members'
sensitive personal identifiable information that it had acquired
and stored for its business purposes, resulting in a March 2024
data breach ("Data Breach") of documents and information stored on
the computer network of Formosa, a company that manufactures
plastic-related products and employs thousands of individuals,
including Plaintiff and Class Members.
The Defendant's data security failures allowed a targeted
cyberattack in March 2024 to compromise Defendant's network (the
"Data Breach") that contained personally identifiable information
("PII") and protected health information ("PHI") (collectively,
"the Private Information") of Plaintiffs and other individuals
("the Class"). Despite learning of the Data Breach in or about
March and determining that Private Information was involved in the
breach, Defendant did not begin sending notices of the Data Breach
(the "Notice of Data Breach Letter") until April 29, 2024.
On its computer network, Formosa holds and stores certain highly
sensitive personally identifiable information ("PII" or "Private
Information") of the Plaintiff and the putative Class Members, who
are applicants who sought employment from Formosa or are current or
former employees of Formosa, i.e., individuals who provided their
highly sensitive and private information in exchange for
employment.
As a result of Formosa's Data Breach, Plaintiff and thousands of
Class Members suffered ascertainable losses in the form of
financial losses resulting from identity theft, out-of-pocket
expenses, the loss of the benefit of their bargain, and the value
of their time reasonably incurred to remedy or mitigate the effects
of the attack. In addition, Plaintiff's and Class Members' highly
sensitive personal information--which was entrusted to
Defendant--who claims that it is "committed to use reasonable
efforts to ensure the security, confidentially and integrity of the
Personal Information you choose to provide it" 4—was compromised
and unlawfully accessed and extracted during the Data Breach, says
the complaint.
The Plaintiff Ashby is a current or former employee of Formosa.
Formosa sells "a full line of polyvinyl chloride, polyethylene and
polypropylene resins, caustic soda and other petrochemicals that
deliver the consistency, performance and quality that customers
demand."[BN]
The Plaintiff is represented by:
Benjamin F. Johns, Esq.
Samantha E. Holbrook, Esq.
SHUB & JOHNS LLC
Four Tower Bridge
200 Barr Harbor Drive, Suite 400
Conshohocken, PA 19428
Phone: (610) 477-8380
Email: bjohns@shublawyers.com
sholbrook@shublawyers.com
- and -
Gary E. Mason, Esq.
Danielle L. Perry, Esq.
Lisa A. White, Esq.
MASON LLP
5335 Wisconsin Avenue, NW, Suite 640
Washington, DC 20015
Phone: (202) 429-2290
Email: gmason@masonllp.com
dperry@masonllp.com
lwhite@masonllp.com
FRONT PORCH: Class Cert Bid Filing in Raines Continued to June 28
-----------------------------------------------------------------
In the class action lawsuit captioned as KRISTINA RAINES and
DARRICK FIGG, individually and on behalf of all others similarly
situated, v. FRONT PORCH COMMUNITIES AND SERVICES, et al., Case No.
3:19-cv-01539-DMS-DEB (S.D. Cal.), the Hon. Judge Dana Sabraw
entered an order granting the joint motion to continue the hearing
date for the Plaintiffs' motion for Class Certification from May
24,2024 to June 28, 2024, at 1:00 P.M., and modifying the briefing
schedule as follows:
-- Plaintiffs' shall file their opposition to the Defendants'
motion
to disqualify by June 7, 2024.
-- Defendants' reply in support of the motion to disqualify shall
be
due on June 21, 2024.
-- Plaintiffs' reply in support of their motion for class
Certification shall be filed by June 21, 2024.
-- The hearing for the Plaintiffs' motion for class certification
is
continued until June 28, 2024.
The Court will hear both Plaintiffs' motion for class Certification
and the Defendants' motion to disqualify Expert Dr. Durrani on June
28, 2024, at 1:00 P.M. in Courtroom 13A.
Front Porch is a senior living nonprofit organization with senior
living communities, outreach programs and services.
A copy of the Court's order dated May 17, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=r0h6Oy at no extra
charge.[CC]
FULFILLMENT AMERICA: Filing for Class Cert. Bid Extended to May 31
------------------------------------------------------------------
In the class action lawsuit captioned as Salazar, et al., v.
Fulfillment America, Inc. et al., Case No. 1:23-cv-11625 (D. Mass.,
Filed July 20, 2023), the Hon. Judge Leo T. Sorokin entered an
order allowing motion for extension of time to May 31, 2024, to
file class certification motion.
The nature of suit states Labor Litigation involving Collection of
Unpaid Wages.
Fulfillment offers internet real-time order processing and
inventory management, e-mail order confirmation, on-line tracking,
and custom reporting services.[CC]
GLOBAL E-TRADING: Bid to Seal Class Cert Exhibits Granted in Part
-----------------------------------------------------------------
In the class action lawsuit captioned as Sihler, et al., v. Global
e-Trading, LLC, et al., Case No. 8:23-cv-01450 (M.D. Fla., Filed
June 28, 2023), the Hon. Judge Virginia M. Hernandez Cov entered an
endorsed order granting in part and denying part the Plaintiffs'
motion to seal certain exhibits to the motion for class
certification.
-- The Court notes that the motion is unopposed because Defendants
failed to respond by the deadline set by the Court.
-- The Plaintiffs shall file under seal Exhibits B and F and an
unredacted version of the motion for class certification by May
21, 2024.
-- All other exhibits to the motion for class certification must
be
filed on the public docket.
The suit alleges violation of the states Racketeer Influenced and
Corrupt Organizations (RICO) Act.
Global E-Trading is in the Financial Services business.[CC]
GLOBAL E-TRADING: Class Cert. Bid Response Extended to June 14
--------------------------------------------------------------
In the class action lawsuit captioned as Sihler, et al., v. Global
e-Trading, LLC et al., Case No. 8:23-cv-01450 (M.D. Fla., Filed
June 28, 2023), the Hon. Judge Virginia M. Hernandez Cov entered an
endorsed order granting the unopposed motion for extension of time
to respond to the motion for class certification.
-- Response now is due June 14, 2024.
-- The Court will be very disinclined to extend this deadline
further.
The suit alleges violation of the Racketeer Influenced and Corrupt
Organizations (RICO) Act.[CC]
GLOBAL E-TRADING: Seeks More Time to File Class Cert Response
-------------------------------------------------------------
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 Defendants
ask the Court to enter an order extending the Defendants' deadline
to respond to the Plaintiffs Janet Sihler's and Charlene
Bavencoffs' motion for Class Certification from May 31, 2024, to
June 14, 2024.
The Defendants contend that there is good cause for a two-week
extension of the Defendants' deadline to oppose the motion for
class certification. This is a RICO putative class action involving
highly complex issues. The Named Plaintiff Sihler provided
deposition testimony on May 14, 2024, and named Plaintiff Bavencoff
is scheduled to sit for a deposition on May 21, 2024.
Additionally, Michael Campbell, a percipient witness to this case
and on whose prior deposition testimony in a related case
Plaintiffs rely in their Motion, is being deposed on May 15 and May
16, 2024. In light of the timing of these depositions, the
Defendants contend that additional time is needed to incorporate
their testimony into the Defendants' opposition.
Finally, the Defendants' counsel has commitments in other matters
that will make it difficult to comply with the current deadline.
The Plaintiffs filed their Motion for Class Certification on May
10, 2024. In support of their motion, the Plaintiffs filed 44
exhibits, including both documentary and testimonial evidence.
Under the Local Rules, the current deadline for the Defendants to
respond to the motion is May 31, 2024.
Chargebacks is a risk mitigation and chargeback remediation firm
that specializes in friendly fraud management with prevention and
dispute services.
A copy of the Defendants' motion dated May 16, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=vDaDYb at no extra
charge.[CC]
The Defendants are represented by:
Neal R. Marder, Esq.
Joshua A. Rubin, Esq.
Corey Roush, Esq.
AKIN GUMP STRAUSS HAUER & FELD LLP
1999 Avenue of the Stars, Suite 600
Los Angeles, CA 90067
Telephone: (310) 229-1000
E-mail: nmarder@akingump.com
rubinj@akingump.com
croush@akingump.com
- and -
William J. Schifino Jr., Esq.
GUNSTER, YOAKLEY & STEWART, P.A.
401 E. Jackson St., Ste. 1500
Tampa, FL 33602
Telephone: (813) 228-9080
E-mail: wschifino@gunster.com
GLOBAL TELLINK: Allen Sues Over Overcharging of Services
--------------------------------------------------------
Jeremy Allen, Charles Thomas, Zoey Hott, Matthew White, Martez
Griffin, Elijah Taylor, and Ramona Orellana, on behalf of
themselves and all similarly situated individuals v. GLOBAL
TEL*LINK CORPORATION, D/B/A ViaPath TECHNOLOGIES, Case No.
1:24-cv-00827 (E.D. Va., May 16, 2024), is brought arising from
Defendant's overcharging of Plaintiffs and similarly situated
individuals for numerous services, including video visitation and
messaging services.
The Plaintiffs include people who are currently and formerly
incarcerated in West Virginia Division of Corrections and
Rehabilitation ("WVDCR") facilities, as well as their friends and
family who were not incarcerated. In May 2022, Defendant Global
Tel, Esq.Link Corporation d/b/a ViaPath Technologies ("GTL")
contracted with the WVDCR to provide video visitation and other
electronic communications services for individuals incarcerated in
WVDCR facilities and their non incarcerated friends and family.
Between May 2022 and April 2023, the relevant class period,
Defendant GTL charged all Plaintiffs in excess of the contract rate
for video visitation services, charged incarcerated Plaintiffs in
excess of the contract rate for "access fees," and charged non
incarcerated Plaintiffs in excess of the contract rate per text,
photo, and video message. To date, GTL has refused to refund the
overcharges to the Plaintiffs and similarly situated individuals.
Plaintiffs and the proposed class seek relief under the West
Virginia Consumer Credit and Protection Act, the Federal
Communications Act and common law, says the complaint.
The Plaintiffs were incarcerated at Huttonsville Correctional
Center and Jail.
GTL is an "all-in-one Corrections Technology vendor" that provides
a variety of services to inmates and their friends and family via
access contracts with WVDCR at their jails, prisons, and juvenile
facilities across West Virginia.[BN]
The Plaintiff is represented by:
Leonard A. Bennett, Esq.
CONSUMER LITIGATION ASSOCIATES, P.C.
763 J. Clyde Morris Blvd., Suite 1-A
Newport News, VA 23601
Phone: (757) 930-3660
Facsimile: (757) 930-3662
Email: lenbennett@clalegal.com
- and -
Drew D. Sarrett, Esq.
CONSUMER LITIGATION ASSOCIATES, P.C.
620 East Broad Street, Suite 300
Richmond, VA 23219
Phone: (804) 905-9900
Facsimile: (757) 930-3662
Email: drew@clalegal.com
- and -
Lydia C. Milnes, Esq.
MOUNTAIN STATE JUSTICE, INC.
1029 University Ave., Suite 101
Morgantown, WV 26505
Phone: (304) 326-0188
Facsimile: (304) 326-0189
Email: lydia@msjlaw.org
- and -
Colten Fleu, Esq.
Bren Pomponio, Esq.
MOUNTAIN STATE JUSTICE, INC.
1217 Quarrier St.
Charleston, WV 25301
Phone: (304) 344-3144
Facsimile: (304) 344-3145
Email: bren@msjlaw.org
colton@msjlaw.org
GOOD BOY BOB: Wahab Sues Over Blind-Inaccessible Website
--------------------------------------------------------
Angela Wahab, on behalf of herself and all other persons similarly
situated v. GOOD BOY BOB, INC., Case No. 1:24-cv-03784 (S.D.N.Y.,
May 16, 2024), is brought against Defendant for the failure to
design, construct, maintain, and operate Defendant's website,
www.goodboybob.com (the "Website"), to be fully accessible to and
independently usable by Plaintiff and other blind or
visually-impaired people.
The Defendant's denial of full and equal access to the Website, and
therefore denial of the goods and services offered thereby, is a
violation of Plaintiff's rights under the Americans with
Disabilities Act ("ADA").
The Defendant's website is not equally accessible to blind and
visually impaired consumers; therefore, Defendant is in violation
of the ADA. Plaintiff now seeks a permanent injunction to cause a
change in Defendant's corporate policies, practices, and procedures
so that the Defendant's Website will become and remain accessible
to blind and visually-impaired consumers, says the complaint.
The Plaintiff is a visually-impaired and legally blind person who
requires screen-reading software to read website content using his
computer.
The Defendant is a company that owns and operates the Website,
offering features which should allow all consumers to access the
goods and services and by which Defendant ensures the delivery of
such goods throughout the United States, including New York
State.[BN]
The Plaintiff is represented by:
Rami Salim, Esq.
STEIN SAKS PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Fax: (201) 282-6501
Email: rsalim@steinsakslegal.com
GOOGLE LLC: Zhang Sues Over Illegal Use of Copyrighted Works
------------------------------------------------------------
Jingna Zhang, an individual; Sarah Andersen, an individual; Hope
Larson, an individual; and Jessica Fink, an individual; on behalf
of themselves and all others similarly situated, Plaintiffs v.
Google LLC, a Delaware limited liability company; and Alphabet
Inc., a Delaware corporation; Defendants, Case No. 3:24-cv-02531
(N.D. Cal., April 26, 2024) is a class action against the
Defendants for direct and vicarious copyright infringement.
According to the complaint, Google created, maintained, and sold
Imagen, an AI software product and a text-to-image diffusion model
which takes as input a short text description of an image (also
known as a text prompt) and then uses a machine-learning technique
called diffusion to generate an image in response to the prompt.
Rather than being programmed in the traditional way -- that is, by
human programmers writing code -- a diffusion model is trained by
copying an enormous quantity of digital images with associated text
captions, extracting protected expression from these works, and
transforming that protected expression into a large set of numbers
called weights that are stored within the model.
The Plaintiffs and Class members are visual artists. They own
registered copyrights in certain training images that Google has
admitted copying to train Imagen. The Plaintiffs and Class members
never authorized Google to use their copyrighted works as training
material. These copyrighted training images were copied multiple
times by Google during the training process for Imagen. Because
Imagen contains weights that represent a transformation of the
protected expression in the training dataset, Imagen is itself an
infringing derivative work, the suit alleges.
Google LLC is an American multinational corporation and technology
company.[BN]
The Plaintiff is represented by:
Joseph R. Saveri, Esq.
Cadio Zirpoli, Esq.
Christopher K. L. Young, Esq.
Elissa Buchanan, Esq.
JOSEPH SAVERI LAW FIRM, LLP
601 California Street, Suite 1505
San Francisco, CA 94108
Telephone: (415) 500-6800
Facsimile: (415) 395-9940
E-mail: jsaveri@saverilawfirm.com
czirpoli@saverilawfirm.com
cyoung@saverilawfirm.com
eabuchanan@saverilawfirm.com
- and -
Matthew Butterick, Esq.
1920 Hillhurst Avenue, #406
Los Angeles, CA 90027
Telephone: (323) 968-2632
Facsimile: (415) 395-9940
E-mail: mb@buttericklaw.com
- and -
Brian D. Clark, Esq.
Laura M. Matson, Esq.
Arielle S. Wagner, Esq.
Eura Chang, Esq.
LOCKRIDGE GRINDAL NAUEN PLLP
100 Washington Avenue South, Suite 2200
Minneapolis, MN 55401
Telephone: (612) 339-6900
Facsimile: (612) 339-0981
E-mail: bdclark@locklaw.com
lmmatson@locklaw.com
aswagner@locklaw.com
echang@locklaw.com
GRAFTECH INTERNATIONAL: UPRRS Appointed as Lead Plaintiff
---------------------------------------------------------
In the class action lawsuit captioned as JOHN C. PORTER,
Individually and on Behalf of All Others Similarly Situated, V.
GRAFTECH INTERNATIONAL LTD., et al., Case No. 1:24-cv-00154-DCN
(N.D. Ohio), the Hon. Judge Donald Nugent entered an order:
-- granting movant University of Puerto Rico Retirement System's
Motion for Appointment as Lead Plaintiff and Approval of its
Selection of Counsel, and
-- appointing movant University of Puerto Rico Retirement System as
lead plaintiff, and approves the law firms of Abraham, Fruchter &
Twersky, LLP and Robbins Geller Rudman & Dowd LLP to serve as lead
plaintiff counsel.
Accordingly, the motion of movant Shekhar Agrawal's Motion
ofShekhar Agrawal for Appointment as Lead Plaintiff and Approval of
Selection of Counsel is denied.
On Nov. 18, 2022, Graffech announced that its facility in
Monterrey, Mexico was conditionally permitted to resume operations
subject to the Company's completion of certain remediation efforts.
Although the Monterrey facility was eventually permitted to
re-open, defendant Kessler subsequently revealed during a February
2023 conference call that the temporary closure had severely
disrupted the Company's operations and would have "significant"
negative impact on Graffech's business performance going forward.
As a result, Graffech reported sales declines of 62% and 49% in the
first and second quarters of 2023, respectively, pushing the
Company from $50 million in net income for the fourth quarter of
2022 to a $15 million net loss for the first six months of 2023.
As a result of these subsequent disclosures, the price of GrafTech
stock fell to less than $4 per share by mid-August 2023. The price
of GrafTech stock continued to fall thereafter, eventually dropping
as low as $1.50 per share.
Graffech is a global manufacturer of graphite electrode products
headquartered in Brookl5m Heights, Ohio.
A copy of the Court's memorandum of opinion dated May 15, 2024, is
available from PacerMonitor.com at https://urlcurt.com/u?l=oTnw4C
at no extra charge.[CC]
INDEPENDENT BANK: Grice Appeals Summary Judgment Ruling to 4th Cir.
-------------------------------------------------------------------
JAMILA GRICE is taking an interlocutory appeal from a court order
granting in part and denying in part the Defendant's motion for
summary judgment in the lawsuit entitled Jamila Grice, individually
and on behalf of all others similarly situated, Plaintiff, v.
Independent Bank, Defendant, Case No. 7:20-cv-01948-TMC, in the
U.S. District Court for the District of South Carolina.
The Plaintiff brought this purported class action for breach of
contract against the Defendant.
On Feb. 13, 2023, the Defendant filed a motion for summary
judgment, which the Court granted in part and denied in part
through an Order entered by Judge Timothy M. Cain on Mar. 26, 2024.
The motion was granted to the extent the Plaintiff alleges that the
Defendant breached its contract with the Plaintiff by assessing
overdraft fees on Authorize Positive, Purportedly Settle Negative
(APPSN) transactions prior to March 9, 2017. The Plaintiff's other
claims remain.
On Apr. 5, 2024, the Plaintiff filed a motion for reconsideration
as to the Mar. 26 Order, which the Defendant opposed on Apr. 19,
2024.
On May 3, 2024, the Court ordered to authorize the Plaintiff's
interlocutory appeal.
The appellate case is captioned Jamila Grice v. Independent Bank,
Case No. 24-1395, in the United States Court of Appeals for the
Fourth Circuit, filed on May 3, 2024. [BN]
Plaintiff-Appellant JAMILA GRICE, on behalf of herself and all
others similarly situated, is represented by:
Sophia Goren Gold, Esq.
KALIEL GOLD PLLC
950 Gilman Avenue
Berkeley, CA 94710
Telephone: (202) 350-4783
- and -
David Matthew Wilkerson, Esq.
VAN WINKLE LAW FIRM
11 North Market Street
P.O. Box 7376
Asheville, NC 28802
Telephone: (828) 258-2991
Defendant-Appellee INDEPENDENT BANK is represented by:
Jonathan M. Knicely, Esq.
Thomas William McGee, III, Esq.
NELSON MULLINS RILEY & SCARBOROUGH, LLP
1320 Main Street
Meridian Building
Columbia, SC 29206
Telephone: (803) 255-9593
(803) 255-9431
INOVA HEALTH: Ellison Appeals Summary Judgment Ruling to 4th Cir.
-----------------------------------------------------------------
MICHAEL ELLISON, et al. are taking an appeal from a court order
granting the Defendants' motion for summary judgment in the lawsuit
entitled Michael Ellison, et al., on behalf of themselves and all
others similarly situated, Plaintiffs, v. Inova Health System
Foundation, et al., Defendants, Case No. 1:23-cv-00132-MSN-LRV, in
the U.S. District Court for the Eastern District of Virginia.
As previously reported in the Class Action Reporter, the lawsuit is
brought to recover damages, attorneys' fees, and secure equitable
relief under Acts of Congress ("Title VII"), as a result of the
Defendants' systematic and unlawful effort to fire employees if
they had religious objections to COVID-19 vaccines.
On Feb. 9, 2024, the Defendants filed a motion for summary judgment
and on same day, the Plaintiffs filed a motion for partial summary
judgment.
On Apr. 15, 2024, the Court granted the Defendants' motion for
summary judgment and denied the Plaintiffs' motion for partial
summary judgment through an Order entered by Judge Michael S.
Nachmanoff.
The Court concluded that Ellison cannot establish constructive
discharge. Inova deemed Ellison in compliance with the IPP during
the pendency of his religious exemption request, including on the
day Ellison submitted his resignation letter on August 1, 2022.
The appellate case is captioned Michael Ellison v. Inova Health
System Foundation, Case No. 24-1396, in the United States Court of
Appeals for the Fourth Circuit, filed on May 3, 2024. [BN]
Plaintiffs-Appellants MICHAEL ELLISON, et al., on behalf of
themselves and all others similarly situated, are represented by:
Samuel Diehl, Esq.
Nicholas James Nelson, Esq.
CROSSCASTLE PLLC
333 Washington Avenue, North
Minneapolis, MN 55401
Telephone: (612) 429-8100
- and -
Joshua Hetzler, Esq.
FOUNDING FREEDOMS LAW CENTER
707 East Franklin Street
Richmond, VA 23219
- and -
Charles B. Molster, III, Esq.
LAW OFFICES OF CHARLES B. MOLSTER, III, PLLC
815 Blacks Hill Road
Great Falls, VA 22066
Telephone: (703) 346-1505
- and -
Michael Benjamin Sylvester, Esq.
FOUNDING FREEDOMS LAW CENTER
707 East Franklin Street
Richmond, VA 23219
Telephone: (804) 270-8172
Defendants-Appellees INOVA HEALTH SYSTEM FOUNDATION, et al. are
represented by:
Alexander Paul Berg, Esq.
Lauren Marie Bridenbaugh, Esq.
LITTLER MENDELSON PC
1800 Tysons Boulevard
Tysons Corner, VA 22102
Telephone: (703) 286-3138
- and -
Nancy North Delogu, Esq.
LITTLER MENDELSON PC
815 Connecticut Avenue, NW
Washington, DC 20006
Telephone: (202) 842-3400
JAMES QUATTRONE: Seeks to Redact Portions of Exhibits
------------------------------------------------------
In the class action lawsuit captioned as Greater Chautauqua Fed.
Credit Union, v. Quattrone, Case No. 1:22-cv-02753-MKV (S.D.N.Y.),
the Defendant asks the Court to enter an order granting motion to
redact portions of exhibits that contain deposition testimony that
Plaintiffs have marked as confidential.
The Plaintiffs, three credit unions, assert an as-applied
regulatory takings challenge to New York's Fair Consumer Judgment
Interest Act to the extent that it reduced the postjudgment
interest rate on judgments entered against consumers before the
Act's effective date.
Accordingly, in compliance with Individual Practices section 9(B),
we are submitting this letter motion with redacted copies of
Exhibits C, D, E, and I on the public docket. We are also
submitting unredacted copies under seal via ECF, and to Your
Honor's chambers by email.
A copy of the Defendant's motion dated May 17, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=VMoHDX at no extra
charge.[CC]
The Defendant is represented by:
Michael A. Berg, Esq.
OFFICE OF THE ATTORNEY GENERAL
28 Liberty Street
New York, NY 10005
Telephone: (212) 416-8651
JERSEY FIRESTOP: Class Cert Briefing Adjourned to June 3
--------------------------------------------------------
In the class action lawsuit captioned as ORBIN COVACHUELA,
individually and on behalf of all others similarly situated, v.
JERSEY FIRESTOP, LLC, DANIEL HINOJOSA AND DAVID HINOJOSA, Case No.
3:20-cv-08806-ZNQ-TJB (D.N.J.), the Hon. Judge Zahid Quraishi
entered a consent order granting request for two-week adjournment
of class certification briefing.
(1) The Plaintiff's reply brief in further June 3, 2024
support of the Plaintiff's motion for
class certification pursuant to Fed. R.
Civ. P. 23 is due on or before:
Jersey is a complete full service mechanical insulation company and
certified Firestop contractor.
A copy of the Court's order dated May 16, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=3VC76t at no extra
charge.[CC]
JODI GIRL: Altaras Sues Over Unpaid Minimum and Overtime Wages
--------------------------------------------------------------
Cemre Altaras, on behalf of themselves and all others similarly
situated v. JODI GIRL ENTEPRISES INC (d/b/a Tres Palms Restaurant),
JODI O'DONNELL, individually, and DANIEL O'DONNELL individually,
Case No. 2:24-cv-03584 (E.D.N.Y., May 16, 2024), is brought to
recover unpaid minimum and overtime wages, unpaid spread-of-hours
pay, and other monies pursuant to the Fair Labor Standards Act
("FLSA"), and New York Labor Law ("NYLL").
The Defendants failed to compensate Plaintiff and other non-exempt
workers at the statutory minimum wage rate required by the FLSA and
the NYLL for all hours worked. The Defendants regularly required
non-exempt workers to work in excess of forty hours per week and
paid them at rates that failed to compensate them for overtime pay
of time and one and one half times their regular wage rate for
hours worked over forty per workweek, as required by the FLSA and
NYLL.
The Defendants imposed an unlawful tip pool requiring them to pay a
share of their gratuities to non-tip eligible employees/manager(s)
and misappropriated gratuities owed to Plaintiff. The Defendants
also failed to pay Plaintiff and other non-exempt workers
spread-of-hours pay and provide them with wage notices or wage
statements, in violation of NYLL and the New York Wage Theft
Prevention Act ("WTPA"), says the complaint.
The Plaintiff was employed by Defendants as a server.
Jodi Girl Enterprises, Inc. (d/b/a "Tres Palms Restaurant") is a
domestic business corporation organized and existing under the laws
of the State of New York.[BN]
The Plaintiff is represented by:
Oscar Alvarado, Esq.,
SACCO & FILLAS LLP
3119 Newtown Ave, Seventh Floor
Astoria, NY 11102
Phone: 718-269-2207
Email: OAlvarado@SaccoFillas.com
JOHNSON & JOHNSON: Class Suit Seeks to Undo Fraudulent Transfers
----------------------------------------------------------------
REBECCA LOVE, D.D.S., SHARON MURPHY, WILLIAM A. HENRY, ALISHIA
GAYLE DAVIS, AND BRANDI CARL, INDIVIDUALLY AND ON BEHALF OF A
PROPOSED CLASS, Plaintiffs, v. LLT MANAGEMENT LLC F/K/A LTL
MANAGEMENT, LLC; JOHNSON & JOHNSON; JOHNSON & JOHNSON HOLDCO (NA)
INC ("New JJCI"); JANSSEN PHARMACEUTICALS, INC.; KENVUE INC.; J&J
SERVICES, INC.; ROBERT WUESTHOFF; RICHARD DICKINSON; MICHELLE
GOODRIDGE; JOAQUIN DUATO; THIBAUT MONGON; JOSEPH WOLK; LAURA
MCFALLS; DUANE VAN ARSDALE; AND JOHN DOES 1-100, Defendants, Case
No. 3:24-cv-06320 (D.N.J., May 22, 2024) is a class action seeking
a declaration that certain transactions engaged in by Johnson &
Johnson, and certain of its former and present named subsidiaries,
and its aiders and abettors were fraudulent and implemented through
corporate machinations and bad faith bankruptcy filings to hinder
and delay tort victims.
The Plaintiffs, who previously filed lawsuits against Johnson &
Johnson for damages caused by its defective talc products, seek to
have those fraudulent transfers avoided and judgment for the value
of said transfers entered against J&J and certain present named
subsidiaries for whose benefit the transfers were undertaken. The
Plaintiffs seek other appropriate remedies, including compensatory
and punitive damages to address the Defendants' malicious abuse and
malicious use of process.
All the Corporate Defendants in the case, besides J&J, are J&J's
current or former subsidiaries. The individual named defendants are
all officers or directors of J&J or of individual named current or
former subsidiaries that executed the fraud, or persons assigned to
execute specific aspects of the fraud.
The complaint alleges that in committing its frauds and fraudulent
schemes, J&J and its current and former subsidiaries were aided and
abetted by a host of professionals, including various law firms,
accounting firms, and third-party financial professionals.
Specifically, the lawsuit alleges that J&J implemented this
fraudulent strategy:
(i) The use of the Texas divisive merger statute to split Old
JJCI into two successor entities: (1) a GoodCo (i.e., New JJCI)
that was allocated almost all of Old JJCI's assets, including
valuable brands like Tylenol and Band-Aid, and (2) a BadCo (i.e.,
LTL Management LLC or "LTL") that was allocated all of Old JJCI's
talc liabilities, only to file for bankruptcy two days later (the
"Texas Two-Step" or the "Divisive Merger Fraud");
(ii) During the pendency of the first LTL bankruptcy, the
transfer out of New JJCI of its valuable multi-billion-dollar
consumer health business assets to its immediate corporate parent
Janssen, with the ultimate destination of those assets being a
newly-created J&J entity, named Kenvue (the "Asset Stripping
Fraud"); and,
(iii) The purported cancellation of a $61.5 billion funding
agreement provided by both J&J and New JJCI to LTL, which left LTL
with no access to J&J's wealth. The cancelled funding agreement was
replaced with a new, but substantially reduced $29.9 billion
funding agreement solely from New JJCI (the "Bait-and-Switch
Fraud").
According to the complaint, J&J has disclosed that it intends to
undertake corporate transactions in the near future that will (1)
void the new, diminished $29.9 billion funding agreement, (2)
replace it with an even more limited one, and (3) culminate in yet
a third bad-faith bankruptcy filing, this time by a newly contrived
subsidiary. As an initial step in this scheme, LTL has already
been converted to a Texas entity and renamed LLT Management LLC.
The complaint asserts J&J's past fraudulent transfers should be
declared frauds and avoided, so as to ensure that talc victims have
access to the same assets to satisfy their claims that they had
prior to the Divisive Merger Fraud. J&J should also be enjoined
from engaging in further fraudulent transfers, including its
intended termination of the $29.9 billion funding agreement.
A copy of the complaint is available at https://bit.ly/3R307v0
The Honorable Judge Michael A. Shipp and Magistrate Judge Rukhsanah
L. Singh have been assigned to the case. [BN]
The Plaintiffs are represented by:
Richard Golomb, Esq.
GOLOMB LEGAL
1835 Market Street, Suite 2900
Philadelphia, PA 19103
Telephone: 215-278-4449
E-mail: rgolomb@golomblegal.com
KAHRS LAW OFFICES: Sims FDCPA Suit Removed to W.D. Missouri
-----------------------------------------------------------
The case styled as Patricia A. Sims, on behalf of herself and
others similarly situated v. Kahrs Law Offices, P.A., Case No.
2316-CV13284 was removed from the Superior Court of California,
County of Orange, to the U.S. District Court for the Western
District of Missouri on May 16, 2024.
The District Court Clerk assigned Case No. 4:24-cv-00347-FJG to the
proceeding.
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
Kahrs Law Offices P.A. -- https://kahrslaw.com/ -- is a trusted
legal firm providing outstanding service in Kansas, Missouri, and
Tennessee.[BN]
The Defendant is represented by:
Daniel F. Church, Esq.
MORROW WILLNAUER CHURCH LLC - KCMO
8330 Ward Parkway, Suite 300
Kansas City, MO 64114
Phone: (816) 382-1382
Fax: (816) 382-1383
Email: dchurch@mwcattorneys.com
KAISER FOUNDATION: Discloses Personal Medical Info, Newton Says
---------------------------------------------------------------
CHRISTOPHER NEWTON, CHRISTA VITAL, SCOTT SCHUTZA on behalf of
themselves and all others similarly situated, Plaintiffs v. KAISER
FOUNDATION HEALTH PLAN, INC., a California Corporation; and DOES 1
through 100, inclusive, Defendants, Case No. 24CV073453 (Cal.
Super., Alameda Cty., April 29, 2024) is a class action brought on
behalf of Plaintiffs and a putative class defined as all patients
of Defendant who received treatment at one of Defendant's hospital,
satellite, or urgent care locations and whose personal medical
information were released to third parties without authorization in
violation of the Confidentiality of Medical Information Act and the
California Unfair Competition Law.
According to the complaint, the Defendant created, maintained,
preserved, and stored Plaintiffs and the Class members' personal
medical information onto the Defendant's computer network,
including websites and web applications prior to April 2024. Due to
Defendant's intentional release of information without
authorization, there was an unauthorized release of Plaintiffs' and
the Class members' confidential medical information that occurred
continuously from the time this information was provided by the
Class to Defendant.
Kaiser Foundation Health Plan, Inc. operates as a non-profit health
care organization.[BN]
The Plaintiffs are represented by:
Mark D. Potter, Esq.
James M. Treglio, Esq.
POTTER HANDY LLP
100 Pine St., Ste 1250
San Francisco, CA 94111
Telephone: (415) 534-1911
Facsimile: (888) 422-5191
E-mail: mark@potterhandy.com
jimt@potterhandy.com
LADY JANE'S: Court Dismisses Gavin Class Suit
---------------------------------------------
In the class action lawsuit captioned as JAMIE GAVIN, et al., v.
LADY JANE'S HAIRCUTS FOR MEN HOLDING COMPANY, LLC, et al., Case No.
2:23-cv-12602-SJM-APP (E.D. Mich.), the Hon. Judge Stephen J.
Murphy, III entered an order that:
-- the motion to dismiss is granted as to all Plaintiffs;
-- the joint motion to extend page limits is granted;
-- the motion to certify is denied as moot; and
-- the motion to stay is denied as moot.
This is a final order that closes the case.
The Court will therefore dismiss Plaintiff Gibbons's Fair Labor
Standards Act (FLSA) claims with prejudice and decline to exercise
supplemental jurisdiction over the Plaintiff Gibbons's remaining
State law claims.
The Plaintiffs Gavin, Winters, Wolf, Speaker, Lindquist, Kertesez,
and Burns's claims are subject to compulsory arbitration. Because
no party requested a stay, the Court will dismiss their claims
without prejudice. The Plaintiff Gibbons's FLSA claims are
time-barred.
And because no claims remain, the Court will deny the motion to
certify class, and motion to stay briefing, as moot.
The Plaintiffs filed a class action complaint against Defendants on
behalf of themselves and others similarly situated and alleged
violations of the federal FLSA, Florida Constitution, Missouri
Minimum Wage Act, and Oklahoma Minimum Wage Act.
The Plaintiffs moved for an order authorizing them to send notice
of the suit "to their similarly situated co-workers."
The Defendants moved to dismiss the complaint under Federal Rules
of Civil Procedure 12(b)(1) and 12(b)(6), and Defendants also moved
to stay consideration of Plaintiffs' motion to send notice "until
the Court rules on Defendants' Motion to Dismiss."
A copy of the Court's order dated May 16, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=EiySh6 at no extra
charge.[CC]
LEGENDS OWO: Filing for Class Cert Bid Due Dec. 20
--------------------------------------------------
In the class action lawsuit captioned as DANIEL PULLER,
individually and on behalf of all others similarly situated, v.
LEGENDS OWO, LLC, Case No. 1:24-cv-00209-RA (S.D.N.Y.), the Hon.
Judge Ronnie Abrams entered a case management plan and scheduling
order as follows:
-- The Plaintiff shall file a motion for class certification and
serve his expert reports on or before December 20, 2024.
-- The Defendant shall file an opposition to Plaintiff's motion
for
class certification and serve its expert reports on or before
Feb. 7, 2025.
-- The Plaintiff shall file a reply in support of his motion for
class certification and any reply expert reports on or before
March 28, 2025.
.
-- No additional parties may be joined after June 28, 2024 without
leave of the Court.
-- No amendments to the pleadings may be made after June 28, 2024
without leave of the Court.
-- Initial disclosures pursuant to Rule 26(a)(1) of the Federal
Rules
of Civil Procedure shall be completed no later than May 21,
2024.
-- All fact discovery is to be completed no later than Nov. 15,
2024.
-- All discovery shall be completed no later than Mar. 28, 2025.
A copy of the Court's order dated May 16, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=DXYEgc at no extra
charge.[CC]
LIVE NATION: Paxson Suit Seeks Rule 23 Class Certification
----------------------------------------------------------
In the class action lawsuit captioned as ERIN J. PAXSON, on behalf
of herself and others similarly situated, v. LIVE NATION
ENTERTAINMENT, INC., a Delaware Corporation; LIVE NATION WORLDWIDE,
INC., a Delaware Corporation; LIVE NATION WORLDWIDE LLC, a Delaware
Limited-Liability Company; C3 PRESENTS, LLC, a Texas
Limited-Liability Company; FRONT GATE TICKETING SOLUTIONS, LLC, a
Texas Limited-Liability Company, JOHN ROE COMPANIES NOS. 1-5, ROE
BUSINESS ENTITIES NOS. 1–20; and DOE INDIVIDUALS NOS. 1–100,
Case No. 2:24-cv-00907-APG-EJY (D. Nev.), the Plaintiff asks the
Court to enter an order certifying a class, pursuant to FRCP 23,
consisting of:
"all persons in the United States who visited the Lovers &
Friends concert who were affected by stampede which occurred
on
May 14, 2022, and who are therefore owed compensation
including,
but not limited to, a refund of the purchase price of their
tickets and any injunctive relief and other equitable relief
as
necessary to protect the interests of Plaintiffs and the
Class,
for an award of compensatory, consequential, and general
damages, including nominal damages, as allowed by law, and
for
an award of restitution or disgorgement."
This motion is based upon the following Memorandum of Points and
Authorities, the papers and pleadings on file herein and any oral
argument entertained at the time of hearing.
The a case involves more than 30,000 potential plaintiffs who have
been injured and damaged by the Defendants' negligence and breach
of their duty of good faith and fair dealing in refusing to issue a
refund.
Justice and judicial economy will be best served through class
certification. Without class certification, both the parties and
the court will face substantial hardship because each injured
Plaintiff would be forced to file a separate action, flooding the
court with voluminous identical claims involving the same issues,
evidence, parties, and relief sought.
Live Nation is an American multinational entertainment company.
A copy of the Plaintiff's motion dated May 16, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=VFfVPk at no extra
charge.[CC]
The Plaintiff is represented by:
Joel S. Hengstler, Esq.
Michael C. Kane, Esq.
Bradley J. Myers, Esq.
THE 702FIRM
8335 West Flamingo Road
Las Vegas, NV 89147
The Defendants are represented by:
Laureen P. Frister, Esq.
Eric Y. Kizirian, Esq.
Eleonora Antonyan, Esq.
Alexandra K. Christensen, Esq.
LEWIS BRISBOIS BISGAARD & SMITH LLP
6385 S. Rainbow Blvd., Suite 600
Las Vegas, NV 89118
E-mail: Laureen.Frister@lewisbrisbois.com
Eric.Kizirian@lewisbrisbois.com
Eleonora.Antonyan@lewisbrisbois.com
Alexandra.Christensen@lewisbrisbois.com
LUCKY WANG 2: Anderson Sues Over Blind-Inaccessible Website
-----------------------------------------------------------
Derrick Anderson, on behalf of herself and all others similarly
situated v. Lucky Wang 2, Inc., Case No. 1:24-cv-03561 (E.D.N.Y.,
May 16, 2024), is brought against the Defendant for their failure
to design, construct, maintain, and operate their website to be
fully accessible to and independently usable by Plaintiff and other
blind or visually-impaired persons.
The Defendant is denying blind and visually impaired persons
throughout the United States with equal access to services Lucky
Wang provides to their non-disabled customers through
https://www.luckywang.com (hereinafter "Luckywang.com" or "the
website"). Defendant's denial of full and equal access to its
website, and therefore denial of its services offered, and in
conjunction with its physical locations, is a violation of
Plaintiff's rights under the Americans with Disabilities Act (the
"ADA"). Because Defendant's website, Luckywang.com, is not equally
accessible to blind and visually-impaired consumers, it violates
the ADA. Plaintiff seeks a permanent injunction to cause a change
in Lucky Wang's policies, practices, and procedures to that
Defendant's website will become and remain accessible to blind and
visually-impaired consumers. This complaint also seeks compensatory
damages to compensate Class members for having been subjected to
unlawful discrimination, says the complaint.
The Plaintiff is a visually-impaired and legally blind person who
requires screen-reading software to read website content using his
computer.
Luckywang.com provides to the public a wide array of services,
price specials and other programs offered by Lucky Wang. Lucky Wang
specializes in kids products such as pants, dresses, skirts,
shirts, socks, bags, kimono, sweaters, toys, books and gifts.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
MARS KHAIMOV LAW, PLLC
100 Duf$r Avenue, Suite 510
Hicksville, NY 11801
Phone: +1 929-324-0717
Fax: +1 929-333-7774
Email: mars@khaimovlaw.com
MARATHON PETROLEUM: Extension of Class Cert Submission Sought
-------------------------------------------------------------
In the class action lawsuit captioned as STELLA JOHNSON, ET AL., V.
MARATHON PETROLEUM CORPORATION, ET AL., Case No.
2:23-cv-04573-DJP-JVM (E.D. La.), the Plaintiffs ask the Court to
enter an order granting consent motion to continue the submission
date for their motion for class certification from May 29, 2024
until June 26, 2024.
Because the Plaintiffs and the Defendants are currently engaged in
discussions to negotiate an unopposed class definition, they wish
to continue the submission date for Plaintiffs’ Motion for Class
Certification until 10:00 a.m. on June 26, 2024, or as soon
thereafter as counsel may be heard.
Marathon is an American petroleum refining, marketing, and
transportation company.
A copy of the Plaintiffs' motion dated May 16, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=UhmbDH at no extra
charge.[CC]
The Plaintiffs are represented by:
Kerry J. Miller, Esq.
Paul C. Thibodeaux, Esq.
Daniel J. Dysart, Esq.
Julie S. Meaders, Esq.
Brennan F. O'Keefe, Esq.
FISHMAN HAYGOOD, LLP
201 St. Charles Avenue, 46th Floor
New Orleans, LA 70170
Telephone: (504) 586-5252
Facsimile: (504) 586-5250
E-mail: kmiller@fishmanhaygood.com
pthibodeaux@fishmanhaygood.com
ddysart@fishmanhaygood.com
jmeaders@fishmanhaygood.com
bokeefe@fishmanhaygood.com
- and -
Hugh Lambert, Esq.
Brian Mersman, Esq.
LAMBERT ZAINEY SMITH & SOSO, APLC
701 Magazine Street
New Orleans, LA 70130
Telephone: (504) 581-1750
Facsimile: (504) 529-2931
E-mail: hlambert@lambertzainey.com
bmersman@lambertzainey.com
- and -
Cayce C. Peterson, Esq.
Joseph B. Marino, Esq.
Jeffrey P. Green, Esq.
JJC LAW LLC
111 Veterans Memorial Blvd.
Heritage Plaza, Suite 810
Metairie, LA 70005
Telephone: (504) 513-8820
Facsimile: (504) 513-8824
E-mail: cayce@jjclaw.com
josh@jjclaw.com
jeff@jjclaw.com
- and -
Sylvia Elaine Taylor, Esq.
Alicia McDowell, Esq.
TAYLOR & MCDOWELL LAW
1935 W. Airline Hwy
LaPlace, LA 70068
Telephone: (985) 359-9100
Facsimile: (985) 359-9109
E-mail: syvlia@taymclaw.com
alicia@taymclaw.com
MIDLAND CREDIT: Madlinger Suit Removed to E.D. California
---------------------------------------------------------
The case styled as Scott Madlinger, on behalf of himself and all
others similarly situated v. MIDLAND CREDIT MANAGEMENT, INC.; JOHN
DOES 1-50 and ABC CORP. 1-50, Case No. ESX-L-007227-23 was removed
from the Superior Court of New Jersey, Law Division, Civil Part,
Essex County, to the United States District Court for the District
of New Jersey on May 16, 2024, and assigned Case No.
2:24-cv-06185.
The Complaint alleges, in sum and substance, that MCM violated the
Federal Fair Debt Collection Practices Act.[BN]
The Defendants are represented by:
Han Sheng Beh, Esq.
HINSHAW & CULBERTSON LLP
800 Third Avenue, 13th Floor
New York, NY 10017
Phone: 212-471-6200
Facsimile: 212-935-1166
MIGUEL GOMEZ: Filing of Class Cert Response Extended to June 10
---------------------------------------------------------------
In the class action lawsuit captioned as CHAD ERIC BRYANT, v.
MIGUEL GOMEZ, et al., Case No. 2:22-cv-12169-PDB-CI (E.D. Mich.),
the Hon. Judge Paul Borman entered an order granting an additional
14 day extension in which to file the Defendants' response to the
Plaintiff's motion to certify class action (i.e., on or before June
10, 2024).
A copy of the Court's order dated May 16, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=6QArXP at no extra
charge.[CC]
MOHAN'S CUSTOM: Anderson Sues Over Blind-Inaccessible Website
-------------------------------------------------------------
DERRICK ANDERSON, on behalf of himself and all others similarly
situated, Plaintiff v. Mohan's Custom Tailors, Inc., Defendant,
Case No. 1:24-cv-03166 (E.D.N.Y., April 29, 2024) is a civil rights
action against Mohan's Custom Tailors for their failure to design,
construct, maintain, and operate their website,
https://www.mohancustomtailors.com/, to be fully accessible to and
independently usable by Plaintiff and other blind or
visually-impaired persons in violation of the Americans with
Disabilities Act, the New York State Human Rights Law, and the New
York City Human Rights Law.
According to the complaint, the website contains access barriers
that prevent free and full use by Plaintiff and blind persons using
keyboards and screen-reading software. These barriers are pervasive
and include, but are not limited to: inaccurate landmark structure,
inaccurate heading hierarchy, ambiguous link texts, changing of
content without advance warning, inaccurate alt-text on graphics,
inaccessible drop-down menus, the lack of navigation links, the
lack of adequate labeling of form fields, the denial of keyboard
access for some interactive elements and the requirement that
transactions be performed solely with a mouse, says the suit.
The Plaintiff seeks a permanent injunction to cause a change in
Mohan's Custom Tailors' policies, practices, and procedures so that
Defendant's website will become and remain accessible to blind and
visually-impaired consumers. This complaint also seeks compensatory
damages to compensate Class members for having been subjected to
unlawful discrimination.
Mohan's Custom Tailors, Inc. provides bespoke menswear, including
suits, shirts, casual wear, jackets, slacks, coats.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
MARS KHAIMOV LAW, PLLC
100 Duffy Avenue, Suite 510
Hicksville, New York 11801
Telephone: (929) 324-0717
Facsimile: (929) 333-7774
E-mail: mars@khaimovlaw.com
MRS BPO: Albano Seeks More Time to File Class Certification Bid
---------------------------------------------------------------
In the class action lawsuit captioned as CHRIS ALBANO, individually
and on behalf of all those similarly situated, v. MRS BPO, L.L.C.,
Case No. 9:24-cv-80269-DMM (S.D. Fla.), the Plaintiff asks the
Court to enter an order granting the Plaintiff's unopposed motion
for an extension of time through and including Sept. 19, 2024, to
file his forthcoming Motion for Class Certification.
This extension will not prevent the parties from complying with the
other deadlines set by the Court or the current trial setting. This
Motion is being made in good faith and not for delay. Accordingly,
good cause exists to grant this Motion
-- the Plaintiff says that will not be able to complete class
discovery before the current class certification deadline of
May
30, 2024.
-- On May 7, 2024, the Court entered a Pretrial Scheduling Order
and
Order Referring Case to Mediation.
MRS is a full service accounts receivable management (ARM) firm.
A copy of the Plaintiff's motion dated May 16, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=wdovqX at no extra
charge.[CC]
The Plaintiff is represented by:
Jibrael S. Hindi, Esq.
Jennifer G. Simil, Esq.
Gerald D. Lane, Jr., Esq.
THE LAW OFFICES OF JIBRAEL S. HINDI
110 SE 6th Street, Suite 1744
Fort Lauderdale, FL 33301
Telephone: (954) 907-1136
E-mail: jibrael@jibraellaw.com
jen@jibraellaw.com
gerald@jibraellaw.com
NEW ENCHANTMENT: Filing for Class Cert. Bid Due Oct. 31, 2025
-------------------------------------------------------------
In the class action lawsuit captioned as Daniel Davila, v. New
Enchantment Group, LLC, Case No. 2:23-cv-01098-SRB (D. Ariz.), the
Hon. Judge Susan Bolton entered a case management order to govern
the litigation in this case:
-- Initial disclosures required by Federal May 31, 2024.
Rule of Civil Procedure 26(a) shall be
exchanged no later than:
-- The deadline for completing fact discovery, Sept. 26, 2025
including discovery by subpoena, shall be:
-- The Plaintiff(s) shall provide full and June 27, 2025
complete expert disclosures, as required by
Rule 26(a)(2)(A)-(C) of the Federal Rules of
Civil Procedure, no later than:
-- The Defendant(s) shall provide full and Aug. 1, 2025
complete expert disclosures, as required
by Rule 26(a)(2)(A)-(C) of the Federal
Rules of Civil Procedure, no later than:
-- The Plaintiff's Rebuttal expert disclosures, Aug. 29, 2025
if any, shall be made no later than:
-- Plaintiff's Motion for Class Certification Oct. 31, 2025.
shall be filed no later than:
New Enchantment develops and manages resorts, spas, and golf
courses.
A copy of the Court's order dated May 16, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=gFmVMd at no extra
charge.[CC]
NEW HOPE RISING: Carrucciu Sues Over Unpaid Minimum, Overtime Wages
-------------------------------------------------------------------
Maryrose Carrucciu, on behalf of herself and others similarly
situated v. NEW HOPE RISING, INC., DANIELLE BRUSCHI, and LAUREN
MCNAMARA, Case No. 2:24-cv-03549 (E.D.N.Y., May 15, 2024), is
brought to remedy violations of the Fair Labor Standards Act (the
"FLSA") and the New York Labor Law (the "NYLL") for Defendants'
failure to pay Plaintiff minimum and overtime wages during the time
she served as a House Manager and employee of Defendants.
At no time prior to or during her hire did Plaintiff receive a wage
acknowledgement advising her of how she would be paid at NHR, nor
did she receive contemporaneous paystubs indicating, among other
things, the number of hours worked each week, including overtime
hours.
During her tenure as House Manager, Plaintiff was lauded for her
performance, never once receiving any negative criticism or
indication that her job was in jeopardy. Then, without warning, on
November 29, 2023, Plaintiff was terminated as the House Manager.
As well, Plaintiff was also evicted from the House and left on the
streets to vie for herself with no assistance from NHR. Plaintiff
suffers from anxiety and depression, disabilities of which
Defendants were aware during her employment with them. There was no
viable basis for Plaintiff's termination and it is clear that she
was terminated because of her disabilities without any reasonable
accommodations being explored prior to her termination, says the
complaint.
The Plaintiff worked as a House Manager for Defendants.
New Hope Rising, Inc. ("NHR") is a domestic corporation authorized
to do business in the State of New York.[BN]
The Plaintiffs are represented by:
Yale Pollack, Esq.
LAW OFFICES OF YALE POLLACK, P.C.
66 Split Rock Road
Syosset, NY 11791
Phone: (516) 634-6340
Email: ypollack@yalepollacklaw.com
NEW YORK LIFE: Class Cert Hearing in Linhart Continued to July 15
-----------------------------------------------------------------
In the class action lawsuit captioned as Barbara Linhart v. New
York Life Insurance Company et al., Case No. 5:21-cv-01640-CJC-DTB
(C.D. Cal.), the Hon. Judge Cormac Carney entered an order
continuing hearing on motion for class certification.
The Court hereby continues the hearing on the Plaintiff's motion
for class certification to July 15, 2024, at 1:30 p.m.
Notwithstanding the new hearing date, deadlines for the parties'
briefing based on the previous hearing date and stipulation remain
the same.
New York Life is a financial company working in retirement, life
insurance, and investments.
A copy of the Court's order dated May 16, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=PO6WoM at no extra
charge.[CC]
NEXA MORTGAGE: Diaz Suit Removed to S.D. California
---------------------------------------------------
The case styled as Damian Diaz, individually, and on behalf of all
others similarly situated v. NEXA MORTGAGE, LLC, et al., Case No.
37-2022-00031816-CU-OE-NC was removed from the Superior Court of
the State of California for the County of San Diego, to the United
States District Court for the Southern District of California on
May 16, 2024, and assigned Case No. 3:24-cv-00873-MMA-SBC.
The Amended Complaint asserts claims under the California Labor
Code, California Business and Professions Code ("UCL"); and the
Private Attorney General Act of 2004 ("PAGA"). The Amended
Complaint seeks certification of a class defined as "all current or
former employees of NEXA who worked in California as mortgage
salespersons or loan officers or similar position, and were
classified as exempt, at any time beginning four years prior to the
filing of this action through the date of trial."[BN]
The Defendants are represented by:
Arielle Stephenson, Esq.
MITCHELL SANDLER LLC
1120 20th Street NW, Suite 725
Washington, DC 20036
Phone: (202) 886-5267
Email: astephenson@mitchellsandler.com
- and -
David M. Greeley, Esq.
GREELEY LAW, APC
1350 Columbia Street, Suite 403
San Diego, CA 92101
Phone: (619) 658-0462
Email: dave@greeley.law
NIKOLA CORPORATION: Borteanu Seeks to Certify Rule 23 Class Action
------------------------------------------------------------------
In the class action lawsuit captioned as Daniel Borteanu,
Individually and on Behalf of All Others Similarly Situated, v.
Nikola Corporation, et al., Case No. 2:20-cv-01797-SPL (D. Ariz.),
the Plaintiff asks the Court to enter an order:
(i) certifying this action as a class action pursuant to
Federal
Rule of Civil Procedure 23;
(ii) appointing Lead Plaintiffs as class representatives; and
(iii) appointing Lead Counsel, Pomerantz LLP, Block & Leviton
LLP
and Labaton Keller Sucharow LLP as class counsel.
The Plaintiffs seeks certification of the following class:
"All those who purchased or otherwise acquired Nikola
Corporation securities during the period June 4, 2020
through
Feb. 25, 2021, and were damaged upon the revelation of the
alleged corrective disclosures."
Excluded from the Class are: (i) Defendants; (ii) members
of
the immediate family of any Defendant who is an
individual;
(iii) any person who was an officer or director of Nikola
during the Class Period; (iv) any firm, trust,
corporation,
or other entity in which any Defendant has or had a
controlling interest; (v) Nikola's employee retirement and
benefit plan(s) and their participants or beneficiaries,
to
the extent they made purchases through such plan(s); and
(vi)
the legal representatives, affiliates, heirs,
successors-in-
interest, or assigns of any such excluded person.
This putative securities fraud class action alleges that Defendants
violated Sections 10(b) and 20(a) of the Securities Exchange Act of
1934 and U.S. Securities and Exchange Commission Rule 10b-5
promulgated thereunder by misleading the market as to the Company's
ability to develop a fleet of hydrogen fueled trucks that would be
cheaper and more environmentally friendly than current diesel
trucks.
On September 15, 2020, Daniel Borteanu filed a Class Action
Complaint against Nikola, Milton, Russell, Brady, Steve Girsky and
Steve Shindler, asserting violations of Sections 10(b) and 20(a) of
the Exchange Act.
Nikola is an American manufacturer of heavy-duty commercial
battery-electric vehicles, fuel-cell electric vehicles, and energy
solutions.
A copy of the Plaintiff's motion dated May 17, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=6nZkEn at no extra
charge.[CC]
The Plaintiff is represented by:
Gary Gotto, Esq.
KELLER ROHRBACK LLP
3101 North Central Avenue, Suite 1400
Phoenix, AZ 85012
Telephone: (602) 230-6322
E-mail: ggotto@kellerrohrback.com
- and -
Jeremy A. Lieberman, Esq.
Michael J. Wernke, Esq.
POMERANTZ LLP
600 Third Avenue, 20th Floor
New York, NY 10016
Telephone: (212) 661-1100
Facsimile: (212) 661-8665
E-mail: jalieberman@pomlaw.com
mjwernke@pomlaw.com
- and -
Jeffrey C. Block, Esq.
Jacob A. Walker, Esq.
Michael D. Gaines, Esq.
BLOCK & LEVITON LLP
260 Franklin Street, Suite 1860
Boston, MA 02110
Telephone: (617) 398-5600
Facsimile: (617) 507-6020
E-mail: jeff@blockleviton.com
jake@blockleviton.com
michael@blockleviton.com
- and -
Jonathan Gardner, Esq.
James T. Christie, Esq.
David J. Schwartz, Esq.
LABATON KELLER SUCHAROW LLP
140 Broadway
New York, NY 10005
Telephone: (212) 907-0700
Facsimile: (212) 818-0477
E-mail: jgardner@labaton.com
jchristie@labaton.com
dschwartz@labaton.com
NURTURE INC: Filing for Class Cert Bid in Sanchez Due Oct. 25
-------------------------------------------------------------
In the class action lawsuit captioned as MELISSA SANCHEZ, et al.,
v. NURTURE, INC., Case No. 5:21-cv-08566-EJD (N.D. Cal.), the Hon.
Judge Edward Davila entered an order:
-- lifting stay;
-- adopting class certification briefing schedule; and
-- directing submission of further case schedule
On April 3, 2024, the Court issued an order staying this case until
Ninth Circuit's issuance of a final decision on the plaintiffs'
petition regarding class certification in Howard v. The Hain
Celestial Group, Inc., Case No. 22-cv-00527 (N.D. Cal.).
On May 13, 2024, the parties filed a joint status report informing
the Court that the Ninth Circuit denied the petition in Howard on
April 29, 2024. The parties requested that the Court lift the stay
and enter a class certification schedule providing for a filing
deadline of Oct. 25, 2024, opposition deadline of Dec. 20, 2024,
and reply deadline of February 7, 2025.
The Court lifts the stay in this action and enters the requested
class certification briefing schedule as provided below.
Event Deadline
Deadline for Plaintiffs to file their Oct. 25, 2024
motion for class certification and any
expert report(s) in support thereof:
Deadline for Defendant to file its Dec. 20, 2024
opposition to the motion for class
certification and any expert report(s)
in support thereof:
Deadline for Plaintiffs to file their Feb. 7, 2025 reply
in support of the motion for
class certification.
The Court further DIRECTS the parties to file a more fulsome joint
proposed case schedule including but not limited to the approved
class certification briefing schedule; a fact and expert discovery
plan; and a briefing schedule for any summary judgment and Daubert
motions.
The schedule is, of course, subject to change based on the
Court’s order on class certification and other circumstances that
may arise. The joint proposed case schedule shall be filed within
14 days
of the entry of this order.
Nurture engages in facilitating learning by providing parents tips
to encourage and reinforce their children's life skills
development.
A copy of the Court's order dated May 16, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=qMKxq9 at no extra
charge.[CC]
OCTAPHARMA PLASMA: Fails to Protect Personal Info, Woodall Says
---------------------------------------------------------------
BRET WOODALL on behalf of himself and others similarly situated,
Plaintiff v. OCTAPHARMA PLASMA, INC., Defendant, Case No.
3:24-cv-00424 (W.D.N.C., April 26, 2024) seeks to hold Defendant
responsible for the injuries Octapharma inflicted on Plaintiff and
Class Members nationwide due to Defendant's egregiously inadequate
data security, which resulted in the private information of
Plaintiff and those similarly situated to be stolen by unauthorized
third parties and exposed to the public.
According to Octapharma, on April 17, 2024, Octapharma detected
unusual activity on its internal computer network. Octapharma was
able to determine that an unauthorized third party had breached its
network and disrupted certain parts of its operations.
The complaint alleges that Octapharma disregarded the rights of
Plaintiff and Class Members by intentionally, willfully,
recklessly, and/or negligently failing to implement reasonable
measures to safeguard private information and by failing to take
necessary steps to prevent unauthorized disclosure of that
information. Through this action, the Plaintiff seeks to remedy
these injuries on behalf of themselves and all similarly situated
individuals whose private information was exposed and compromised
in the data security incident.
Octapharma is a pharmaceutical company that was founded in the
United States in 2007 with nearly 200 plasma donation centers
spanning across the country.[BN]
The Plaintiff is represented by:
Jean S. Martin, Esq.
Francesca K. Burne, Esq.
MORGAN & MORGAN COMPLEX LITIGATION GROUP
201 N. Franklin Street, 7th Floor
Tampa, FL 33602
Telephone: (813) 223-5505
E-mail: jeanmartin@ForThePeople.com
fburne@forthepeople.com
OHLA USA: Gilchrist Suit Removed to S.D. California
---------------------------------------------------
The case styled as Jacob Gilchrist, an individual, on behalf of
himself and on behalf of all persons similarly situated v. OHLA
USA, Inc., a Corporation; and DOES 1 through 50, inclusive, Case
No. 37-2024-00014127-CU-OE-CTL was removed from the Superior Court
of the State of California for the County of San Diego, to the
United States District Court for the Southern District of
California on May 16, 2024, and assigned Case No.
3:24-cv-00871-WQH-MSB.
Here, the Complaint asserts nine causes of action for: "Unfair
Competition"; "Failure to Pay Minimum Wages"; "Failure to Pay
Overtime Wages"; "Failure to Provide Meal Periods"; "Failure to
Provide Rest Periods"; "Failure to Provide Accurate Itemized Wage
Statements"; "Failure To Reimburse Expenses"; "Failure to Pay Sick
Wages"; and "Failure to Comply With California Quota Laws."[BN]
The Defendants are represented by:
Andrew M. Paley, Esq.
Joshua A. Rodine, Esq.
SEYFARTH SHAW LLP
2029 Century Park East, Suite 3500
Los Angeles, CA 90067-3021
Phone: (310) 277-7200
Facsimile: (310) 201-5219
Email: apaley@seyfarth.com
jrodine@seyfarth.com
- and -
Galen P. Sallomi, Esq.
SEYFARTH SHAW LLP
560 Mission St. Suite 3100
San Francisco, CA 94105-2930
Phone: (415) 397-2823
Facsimile: (415) 397-854
Email: gsallomi@seyfarth.com
OLD DOMINION: Bid to Dismiss Sealy Class Action Tossed
------------------------------------------------------
In the class action lawsuit captioned as DAVID K. SEALY, KERRY
CARTER, AND HARVEY L. DAVIS, on behalf of the Old Dominion 401(k)
Retirement Plan, and all others similarly situated, v. OLD DOMINION
FREIGHT LINE, INC., Case No. 1:23-cv-00819-TDS-LPA (M.D.N.C.), the
Hon. Judge Thomas Schroeder entered an order denying Old Dominion's
motion to dismiss.
The court cannot accept Old Dominion's argument that its expense
ratios are per se reasonable simply because other cases have found
higher expense ratios to be reasonable.
Accordingly, Old Dominion has not demonstrated that Plaintiffs'
investment management fee claim warrants dismissal at this stage.
This dispute concerns alleged violations of the Employee Retirement
Income Security Act ("ERISA") by the Defendant.
The Plaintiffs allege that Empower has received "direct
compensation" worth $67 to $82 per plan participant between 2016
and 2022. The Plaintiffs derive these figures from Old Dominion's
IRS Form 5500s, which they contend show "that Old Dominion does not
even know how much the Plan is paying Empower." The Plaintiffs
state that this compensation should have been "no more than $25
annually."
On Dec. 8, 2023, Old Dominion moved to dismiss the complaint for
failure to state a claim upon which relief can be granted, pursuant
to Federal Rule of Civil Procedure 12(b)(6).
The Plaintiffs David K. Sealy, Kerry Carter, and Harvey L. Davis
are participants in Old Dominion's 401(k) retirement plan.
Old Dominion is an American regional, inter-regional and national
less than truckload shipping company.
A copy of the Court's order dated May 16, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=NRbKVC at no extra
charge.[CC]
OTTAWA COUNTY, MI: Burnside Seeks to Certify Rule 23 Class
----------------------------------------------------------
In the class action lawsuit captioned as DARCY LYNN BURNSIDE
Non-Marital Assets Trust Dated July 8, 1996, on behalf of itself
and all those similarly situated, v. COUNTY OF OTTAWA, Case No.
1:23-cv-00930-PLM-PJG (W.D. Mich.), the Plaintiff asks the Court to
enter an order:
1. Certifying a class pursuant to Fed. R. Civ. P. 23(a) and
23(b)(3) defined as follows:
"All persons and entities that owned real property in Ottawa
County whose real property, during the relevant time period,
was
seized through a real property tax foreclosure, which was
worth
more than the Tax Delinquency, and who were not refunded the
Equity."
This class is inclusive of other proposed class actions which
only seek "remaining proceeds" as defined by Rafaeli, LLC;
2. Appointing Mark L. McAlpine of McAlpine PC and Scott F. Smith
of
the Smith Law Group, PPLC as Co-Lead Counsel; and
3. Appointing the Plaintiff Darcy Lynn Burnside Non-Marital
Assets
Trust as class representative.
The Plaintiff's counsel is unable to seek concurrence in accordance
with LCivR 7.1(d) because the Defendant has failed to file any
responsive pleadings.
A copy of the Plaintiff's motion dated May 17, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=3sA47I at no extra
charge.[CC]
The Plaintiff is represented by:
Mark L. McAlpine, Esq.
Daniel J. Pifko, Esq.
MCALPINE PC
3201 University Drive, Suite 200
Auburn Hills, MI 48326
Telephone: (248) 373-3700
- and -
Scott F. Smith, Esq.
SMITH LAW GROUP, PLLC
30833 Northwestern Hwy, Suite 200
Farmington Hills, MI 48334
Telephone: (248) 626-1962
PHARM-SAVE INC: Must File Summary Judgment Bid by June 14
----------------------------------------------------------
In the class action lawsuit captioned as ANDREA K. SAVIDGE et al.,
v. PHARM-SAVE, INC., Case No. 3:17-cv-00186-CHB-RSE (W.D. Ky.), the
Hon. Judge Regina Edwards entered an order as follows:
1. The defendant shall file its motion for summary judgment and
motion to alter or amend the Class Certification no later
than
June 14, 2024.
2. The plaintiffs shall have 30 days to file a response.
3. The defendant shall have 10 days to file a reply.
Pharm-Save is engaged in the wholesale distribution of prescription
and proprietary drugs and toiletries.
A copy of the Court's order dated May 20, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=6HLHig at no extra
charge.[CC]
PROFESSIONAL FINANCE: Rodriguez Seeks Initial OK of Settlement
--------------------------------------------------------------
In the class action lawsuit captioned as MARITZA RODRIGUEZ, et al.,
on behalf of themselves and all others similarly situated, v.
PROFESSIONAL FINANCE COMPANY, INC., Case No. 1:22-cv-01679-RMR-STV
(D. Colo.), the Plaintiffs ask the Court to enter an order
certifying the Class for settlement purposes and granting their
Motion for preliminary approval of class action settlement.
The Plaintiffs have negotiated a fair, adequate, and reasonable
settlement that provides Class Members significant relief and is
well within the range of reasonable results, and an initial
assessment of factors required to be considered on final approval
favors approval.
A Proposed Order Granting Preliminary Approval of Class Action
Settlement is attached as Exhibit 4.
This litigation arises from a data security incident experienced by
PFC on Feb. 26, 2022, that involved the unauthorized access of
files containing the personal identifying information (PII) and
protected health information (PHI) of approximately 2,000,000
individuals.
The Plaintiffs here seek certification of a Nationwide Class
consisting of:
"All persons whose personally identifiable information was
identified as included in the Data Breach and to whom
notice of the Data Breach was sent."
The Plaintiffs also seek certification of two subclasses: the SSN
Subclass and the Non-SSN Subclass.
The SSN Subclass consists of, "All individuals who fall within the
definition of the “Class” whose Social Security Numbers were
potentially accessed or implicated in the Data Breach."
The Non-SSN Subclass is made up of, "All individuals who fall
within the definition of the "Class" whose Social Security Numbers
were not potentially accessed or implicated in the Data Breach."
-- Settlement Benefits
The settlement negotiated on behalf of the Class provides for a
$2,500,000 non-reversionary Settlement Fund and a claims process
through which Class Members can easily submit for settlement
benefits.
A copy of the Plaintiffs' motion dated May 17, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=HltDuW at no extra
charge.[CC]
The Plaintiffs are represented by:
Terence R. Coates, Esq.
Dylan J. Gould, Esq.
MARKOVITS, STOCK & DEMARCO, LLC
119 East Court Street, Suite 530
Cincinnati, OH 45202
Telephone: (513) 651-3700
Facsimile: (513) 665-0219
E-mail: tcoates@msdlegal.com
dgould@msdlegal.com
- and -
Joseph M. Lyon, Esq.
THE LYON LAW FIRM, LLC
2754 Erie Avenue
Cincinnati, OH 45208
Telephone: (513) 381-2333
Facsimile: (513) 766-9011
E-mail: jlyon@thelyonfirm.com
- and -
Jean S. Martin, Esq.
Francesca Kester, Esq.
MORGAN & MORGAN COMPLEX
LITIGATION GROUP
201 N. Franklin Street, 7th Floor
Tampa, FL 33602
Telephone: (813) 223-5505
E-mail: jeanmartin@ForThePeople.com
fkester@ForThePeople.com
REGENCE BLUESHIELD: Plaintiffs Must File Class Cert Bid by Nov. 8
-----------------------------------------------------------------
In the class action lawsuit captioned as E.S., et al., v. REGENCE
BLUESHIELD, et al., Case No. 2:17-cv-01609-RAJ (W.D. Wash.), the
Hon. Judge Richard Jones entered an order setting a deadline of
Nov. 8, 2024, for Plaintiffs to file a motion for class
certification.
The Court will set further case scheduling deadlines after ruling
on class certification.
Should the Court deny the class certification motion, any party may
request an expedited trial date.
These are firm dates that can be changed only by order of the
Court, not by agreement of counsel or the parties. The Court will
alter these dates only upon good cause shown.
Regence offers health and dental coverage.
A copy of the Court's order the Defendant's motion
dated May 21, 2024, is available from PacerMonitor.com at
https://urlcurt.com/u?l=ZHyBSK at no extra charge.[CC]
RICHARD SYNDER: Expert's Certain Opinions Excluded in Waid Suit
---------------------------------------------------------------
In the class action lawsuit captioned as Waid. et al., v. Snyder.
et al. (Flint Water Cases), Case No. 5:16-cv-10444-JEL-EAS (E.D.
Mich.), the Hon. Judge Judith Levy entered an order granting in
part and denying in part VNA's motion to exclude certain opinions
and testimony of Dr. Larry Russell.
Accordingly, VNA's motion is granted in part insofar as Dr. Russell
may not use the phrase "last clear chance" in his testimony or
otherwise offer legal conclusions.
Plaintiffs represent that Dr. Russell will not offer opinions about
VNA's state of mind. Accordingly, VNA's objection is denied as
moot.
A copy of the Court's order dated May 17, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=lezbig at no extra
charge.[CC]
SKYVIEW CAPITAL: Thompson Sues Over Unpaid Spread of Hours Wages
----------------------------------------------------------------
BYRON THOMPSON, individually and on behalf of all others similarly
situated, Plaintiff v. SKYVIEW CAPITAL, LLC and KING TELESERVICES
L.L.C., Defendants, Case No. 1:24-cv-03132 (E.D.N.Y., April 26,
2024) seeks to recover unpaid spread of hours compensation and
other damages under the New York Labor Law for Plaintiff and
similarly situated non-exempt employees who work or have worked for
the Defendants.
According to the complaint, despite paying Plaintiff and other
hourly workers in New York the applicable minimum wage and
requiring them to work shifts of over 10 hours, the Defendants
failed to provide Plaintiff and Class members spread of hours pay.
The Defendants also failed to provide accurate wage statement of
wages in weeks in which Plaintiff and Class members were not paid
proper spread of hour compensation, says the suit.
Plaintiff Thompson was employed by the Defendants as an hourly
customer service representative from April 3, 2020 through
approximately 2023.
The Defendants operate a call center in Brooklyn, New York.[BN]
The Plaintiff is represented by:
Brian S. Schaffer, Esq.
Hunter G. Benharris, Esq.
FITAPELLI & SCHAFFER, LLP
28 Liberty Street, 30th Floor
New York, NY 10005
Telephone: (212) 300-0375
SOUTHWEST AIRLINES: Trial on USERRA Suit Set for July 21, 2025
--------------------------------------------------------------
Southwest Airlines Co. disclosed in its Form 10-Q report for the
quarterly period ended March 31, 2024, filed with the Securities
and Exchange Commission on April 26, 2024, that on March 22, 2024,
the parties in a case submitted a proposed case schedule through
trial where the United States District Court for the Northern
District of California subsequently set a trial date of July 21,
2025. The complaint alleged violations of the federal Uniformed
Services Employment and Reemployment Rights Act (USERRA) and
seeking a certification as a class action was filed against the
company in said court.
The complaint alleges that the company violates section 4316(b) of
USERRA because it does not provide paid "short-term" military leave
(i.e., a military leave of 14 days or fewer) but does provide paid
jury duty leave, bereavement leave, and sick leave, which the
plaintiff alleges are "comparable" forms of leave under USERRA and
its implementing regulations. The complaint seeks declaratory and
injunctive relief, damages, liquidated damages, interest, and
attorneys' fees, expert fees, and litigation costs.
On February 3, 2021, the court granted the plaintiff's motion for
class certification and issued an order certifying a class
comprised of current or former employees who, during their
employment with the company at any time from October 10, 2004,
through the date of judgment in this action, have taken short-term
military leave and were subject to a collective bargaining
agreement, except for employees subject to the Transport Workers
Union Local 550 agreement covering meteorologists.
On January 11, 2022, the court granted the parties' stipulated
request to vacate the trial date as the Department of Defense had
not yet produced the class members' military pay and service
records pursuant to the company's third-party subpoena. On August
18, 2022, the court entered an order that effectively stayed the
action, except for attention to the third-party subpoena.
Southwest Airlines Co. operates a major passenger airline that
provides scheduled air transportation in the United States and
near-international markets. It serves 121 destinations in 42
states, the District of Columbia, the Commonwealth of Puerto Rico,
and ten near-international countries: Mexico, Jamaica, The Bahamas,
Aruba, Dominican Republic, Costa Rica, Belize, Cuba, the Cayman
Islands, and Turks and Caicos.
TOWERS CONSTRUCTION: Ramos Sues Over Unlawful Labor Practices
-------------------------------------------------------------
ANTHONY RAMOS and CHRISTIAN AGUILAR, on behalf of themselves and
others similarly situated, Plaintiffs v. TOWERS CONSTRUCTION LLC, C
& G CARPENTRY SERVICES, INC. and HITT CONTRACTING INC., Defendants,
Case No. 1:24-cv-00693 (E.D. Va., April 26, 2024) arises from the
Defendants' alleged unlawful labor practices in violation of the
Fair Labor Standards Act, he Maryland Wage and Hour Law, the
Maryland Wage Payment and Collection Law, and the Maryland
Workplace Fraud Act.
This is a suit for unpaid wages, unpaid overtime, workplace fraud
and worker misclassification under the federal and state laws. It
is brought as a collective action, and as an individual action on
behalf of each Plaintiff.
Plaintiffs Ramos and Aguilar were employed as construction workers.
In 2024, they were hired by Defendants Towers and C&G on a
construction project in Bethesda, Maryland, where they performed
work for the benefit of Defendant HITT.
Towers Construction, LLC was a subcontractor to Defendant C&G on
the construction project.[BN]
The Plaintiffs are represented by:
Rachel Nadas, Esq.
Matthew K. Handley, Esq.
HANDLEY FARAH & ANDERSON PLLC
1201 Connecticut Avenue, Suite 200K
Washington, DC 20036
Telephone: (202) 899-2991
E-mail: rnadas@hfajustice.com
- and -
Matthew B. Kaplan, Esq.
THE KAPLAN LAW FIRM
1100 N. Glebe Rd. Suite 1010
Arlington, VA 22201
Telephone: (703) 665-9529
E-mail: mbkaplan@thekaplanlawfirm.com
UNITED SUGAR: Conspires to Fix Sugar Prices, Modern Pastry Says
---------------------------------------------------------------
MODERN PASTRY SHOP, INC., on behalf of themselves and 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-01537-JMB-ECW
(D. Minn., April 29, 2024) is a class action against the Defendants
arising under Section 1 of the Sherman Act and Section 16 of the
Clayton Act, as well as the antitrust, unfair competition, and
consumer protection laws of various states.
According to the complaint, since at least January 1, 2019,
Defendants and their co-conspirators conspired and combined to fix,
raise, maintain, and stabilize prices for granulated sugar sold
throughout the United States. In furtherance of this conspiracy,
among other things, the Producing Defendants engaged in price
signaling and exchanged competitively sensitive information about
prices, capacity, sales volume, and demand, including through
Defendant Commodity. These actions were taken with the intended
purpose and effect of increasing granulated sugar prices throughout
the country, says the suit.
As a result of Defendants' combination and conspiracy, granulated
sugar prices have been artificially inflated throughout the Class
Period, causing Plaintiff and other commercial, industrial, and
institutional indirect purchasers to suffer overcharges, the suit
alleges.
The Plaintiff purchased granulated sugar in Massachusetts
indirectly from one or more Defendants during the class period.
United Sugar Producers & Refiners Cooperative sells granulated
sugar primarily under the brand name Crystal Sugar.[BN]
The Plaintiff is represented by:
Raina Borrelli, Esq.
Brittany Resch, Esq.
TURKE & STRAUSS LLP
613 Williamson Street, Suite 201
Madison, WI 53703
Telephone: (608) 237-1775
Facsimile: (608) 509-4423
E-mail: raina@turkestrauss.com
brittanyr@turkestrauss.com
- and -
Robert Bonsignore, Esq.
Melanie Porter, Esq.
BONSIGNORE TRIAL LAWYERS PLLC
23 Forest Street
Medford, MA 02155
Telephone: (781) 350-0000
Facsimile: (702) 983-8673
E-mail: rbonsignore@classactions.us
melanie@classactions.us
VALLEY MOUNTAIN: Rabadi Sues Over Failure to Secure Personal Info
-----------------------------------------------------------------
SHARON RABADI, individually and on behalf of all others similarly
situated, Plaintiff v. VALLEY MOUNTAIN REGIONAL CENTER, INC.,
Defendant, Case No. 1:24-cv-03192 (S.D.N.Y., April 26, 2024) is a
class action against Defendant for its failure to properly secure
and safeguard personally identifiable and financial information of
Plaintiff and the Class members.
In approximately July 29, 2023, an intruder gained entry to
Defendant's database, accessed Plaintiff's and the Class members'
PII, and exfiltrated information. The Plaintiff's and the Class
members' PII was compromised due to Defendant's negligent acts and
omissions and the failure to protect Plaintiff's and the Class
members' PII, says the suit.
The Plaintiff brings this action on behalf of all persons whose PII
was compromised because of Defendant's failure to: (i) adequately
protect their PII; (ii) warn of Defendant's inadequate information
security practices; and (iii) effectively secure equipment and the
database containing protected PII using reasonable and effective
security procedures free of vulnerabilities and incidents.
Defendant's conduct amounts to negligence and violates federal and
state statutes.
Valley Mountain Regional Center, Inc. is a non-profit organization
that provides developmental disability services.[BN]
The Plaintiff is represented by:
Rachel Dapeer, Esq.
DAPEER LAW, P.A.
3331 Sunset Avenue
Ocean, NJ 07712
Telephone: (917) 456-9603
E-mail: rachel@dapeer.com
WELLS FARGO: Fails to Pay Overtime Wages, Smith Suit Says
---------------------------------------------------------
MALCOLM SMITH, individually and on behalf of all others similarly
situated, Plaintiff v. WELLS FARGO BANK, NATIONAL ASSOCIATION
Defendant, Case No. 1:24-cv-01821-LMM (N.D. Ga., April 26, 2024)
arises from the Defendant's alleged willful violations of the Fair
Labor Standards Act.
The Plaintiff worked for the Defendant from October 2012 to
November 17, 2023 as personal banker. He alleges that the Defendant
has willfully failed to pay overtime wages to a large group of its
hourly-paid branch employees.
Wells Fargo Bank operates as a bank. The Bank offers online and
mobile banking, home mortgage, loans and credit, investment and
retirement, wealth management, and insurance services.[BN]
The Plaintiff is represented by:
Mitchell L. Feldman, Esq
FELDMAN LEGAL GROUP
12610 Race Track Road, Suite 225
Tampa, FL 33626
Telephone: (813) 639-9366
Facsimile: (813) 639-9376
E-mail: mfeldman@flandgatrialattorneys.com
WEST PUBLISHING: Murphy Sues Over Inaccurate Consumer Reports
-------------------------------------------------------------
MARY MURPHY, on behalf of herself and all others similarly
situated, Plaintiff v. WEST PUBLISING CORPORATION, and THOMSON
REUTERS CORP., Defendants, Case No. 0:24-cv-01540-DWF-DJF (D.
Minn., April 29, 2024) is an action (1) for statutory, actual, and
punitive damages, costs, and attorneys' fees, brought pursuant to
the Fair Credit Reporting Act; (2) a class claim under the Florida
Deceptive and Unfair Trade Practices Act; and (3) for damages under
state law defamation in the alternative.
According to the complaint, the Defendants sell a consumer
reporting product to various customers to "screen and validate"
consumers across America, including reporting "death records" about
such consumers. The Defendants allegedly sold a report to the
Florida Retirement System, falsely identifying Plaintiff as
deceased. Not surprisingly, the Retirement System cut off
Plaintiff's benefits upon learning, incorrectly, that she was
deceased, says the suit.
Alternatively, Defendants defamed Plaintiff to the Florida
Retirement System by informing it that Plaintiff was deceased. When
that occurred, the Retirement System ceased communicating with
Plaintiff and otherwise refused to deal with her, the suit
asserts.
West Publishing Corporation is a consumer reporting agency.[BN]
The Plaintiff is represented by:
John Albanese, Esq.
BERGER MONTAGUE PC
1229 Tyler St. NE, Suite 205
Minneapolis, MN 55413
Telephone: (612) 594-5997
E-mail: jalbanese@bm.net
- and -
Craig C. Marchiando, Esq.
CONSUMER LITIGATION ASSOCIATES, P.C.
763 J. Clyde Morris Blvd., Suite 1-A
Newport News, VA 23601
Telephone: (757) 930-3660
Facsimile: (757) 930-3662
E-mail: craig@clalegal.com
WR RETAIL MARKET: Thomas Sues Over Discriminatory Acts and Omission
-------------------------------------------------------------------
Anthony Thomas, and other similarly situated physically disabled
persons v. WR RETAIL MARKET, a business entity; NUANCE INVESTMENT,
INC., a California Corporation and DOES 1-10, inclusive, Case No.
2:24-cv-01393-KJM-CSK (E.D. Cal., May 16, 2024), is brought against
the Defendants' discriminatory acts and omissions in violation
California civil rights laws including Health and Safety Code, the
Unruh Civil Rights Act ("Unruh Act"), and the Disabled Persons
Act.
Despite this long-standing mandate, Defendants - the owners,
operators, lessors, and lessees of the business, property,
buildings, parking lots, and/or portions thereof located at or
about 3550 Manthey Road, Suite G, Stockton, CA 95206, commonly
known as WR Retail Market ("Store") - have failed to provide
disabled persons with full and equal access to their goods and
services in violation of the ADA by constructing, altering, and/or
failing to remove architectural barriers that prevent persons who
use wheelchairs from using and enjoying their facilities in as full
and equal manner as able-bodied persons.
As a result of Defendants' discriminatory acts and omissions,
Plaintiff has suffered, and will continue to suffer, damages, and
has been, and will continue to be prevented and deterred from
accessing and using Defendants' goods, services and facilities to
the same extent as, and in a manner equal to, his able-bodied
peers. Through this lawsuit, Plaintiff seeks injunctive relief to
require Defendants to make these facilities accessible to disabled
persons and to ensure that any disabled person who attempts to use
these facilities will be provided accessible facilities. Plaintiff
also seeks recovery of damages for his physical, mental and
emotional injuries, and his discriminatory experiences and denial
of access and of civil rights, which denial is continuing as a
result of Defendants' failure to provide disabled accessible
facilities. Plaintiff also seeks recovery of reasonable statutory
attorneys' fees, litigation expenses and costs, under federal and
state law, says the complaint.
The Plaintiff was a qualified individual with a physical
"disability."
WR RETAIL MARKET was a California business entity doing business in
San Joaquin County, California.[BN]
The Plaintiff is represented by:
Beilal Chatila, Esq.
CHATILA LAW, LLP
3645 W. Atwater Avenue
Fresno, CA 93711
Phone: (888) 567-9990
Facsimile: (888) 509-2870
Email: chatilalaw@gmail.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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