/raid1/www/Hosts/bankrupt/CAR_Public/240530.mbx
C L A S S A C T I O N R E P O R T E R
Thursday, May 30, 2024, Vol. 26, No. 109
Headlines
299 FEDERAL: Smith Seeks to Recover Retained Tips Under FLSA
AEROTEK INC: Filing for Class Cert Bid in Ahlstrom Due Dec. 13
ANGIOLINA'S RESTAURANT: Sorto Sues Over Unlawful Labor Practices
ASR GROUP: Faces Wood Suit Over Granulated Sugar Price-Fixing
BENIHANA INC: Court Tosses Kim's Class Certification Bid
BOOKTIX INC: Crisci Sues Over Breach of All-In-Pricing Mandate
BRADLEY COUNTY, TN: Court Approves Class Settlement Deal in Eden
CAKES BODY: Vicente Sues Over Deceptive Marketing of Cakes Covers
CALIFORNIA STATE UNIVERSITY: Class Cert Bid Filing Due June 21
CAPITAL ONE: Walton Hits Fraud Claim Denial Over Stolen Card
CENLAR FSB: Filing of Class Certification Bid Revised to August 28
CLEAN HARBORS: Must File Opposition to Class Cert Bid by May 30
CME GROUP: Continues to Defend Breach of Contract Suit
COACH IP: Faces Dalton Suit Over Blind-Inaccessible Website
COLE HAAN: Website Inaccessible to Blind Users, Gomberg Suit Claims
CONOCOPHILLIPS: Continues to Defend Federal Securities Class Suit
COOPERSURGICAL INC: F.G. Bid for Protective Order Partly Granted
CSX TRANSPORTATION: Settlement in Shongo Gets Initial Nod
CVS PHARMACY: Parties Propose Sept. 26 Class Cert Filing Deadline
DEUX MAINS: Website Inaccessible to Blind Users, Riley Suit Claims
DILLON MUSIC: Website Inaccessible for Blind Users, Liz Suit Says
DIRECTV LLC: Class Settlement in Cordoba Suit Gets Final Nod
DRURY HOTELS: Fails to Pay Proper Wages to CSRs, Knighten Alleges
EAST BAY: Case Management Conference in Rivera Set for August 1
ECKROTH MUSIC: Website Inaccessible to Blind, Tarr Suit Says
ECP OPTOMETRY: Fails to Pay Overtime Wages, Vanorden Says
EVERYDAY DOSE: Figueroa Sues Over Caller ID Rule Violations
EXOS HUMAN: Faces Stone Suit Over Untimely Wage Payments
FITNESS EQUIPMENT: Vasquez Sues Over Fake Reference Prices
GAMMA REALTY: Tercuman Sues Over Unpaid Wages, Discrimination
GARNET HILL: Riley Sues Over Website's Access Barriers
GENERAL MOTORS: Kerr et al. Sue Over Concealed Fuel Pump Defect
HEART TO HEART: Underpays Licensed Practical Nurses, Tucker Says
HOP ENERGY: WMP, SJL Appointed as Plaintiffs' Co-Lead Counsel
HOT TOPIC: Demaio Sues Over Breaches of FTSA's Caller ID Rules
INTEL CORP: 9th Cir. Affirms Dismissal of Consolidated Suit
INTEL CORP: Faces Multiple Actions Over Data Breach Incidents
IRHYTHM TECHNOLOGIES: Continues to Defend Exchange Act-Related Suit
IRHYTHM TECHNOLOGIES: Continues to Defend Securities Class Suit
JAMES VELISSARIS: Seeks More Time to File Class Cert Bid Response
JANUS HENDERSON GROUP: Continues to Defend Schissler Class Suit
JAZZ PHARMACEUTICALS: MSP Recovery Class Suit Trial Date Not Set
JOHN WETZEL: Court to Dismiss Kenneth Complaint w/o Prejudice
JOHN WETZEL: Williamson Class Cert. Bid Tossed
KISCO SENIOR: Cox Sues Over Alleged Private Data Breach
KNIGHT-SWIFT TRANSPORTATION: June 25 Class Cert Oral Argument Set
KRYSTAL RESTAURANTS: Hines Seeks to Certify FLSA Collective Action
LANTRONIX INC: Faces Neilsen Class Suit in C.D. Cal.
LIPSTICK CABARET: Kemmerlin Sues Over Worker Misclassification
LITIGATION PRACTICE: Pending Ruling on Class Cert. Bid Cancelled
LOGITECH INC: Faces Liz Suit Over Blind-Inaccessible Website
LOS ANGELES, CA: Cook Suit Seeks to Certify Damage Class
LUNA INNOVATIONS: Misleads Investors, Thompson Suit Alleges
LUZERNE COUNTY, PA: Court to Narrow Claims in Balliet Suit
MATCO TOOLS: Status Hearing in Munger Class Suit Set for Sept. 13
MCMENAMINS INC: Court Dismisses Kirby Suit
MDL 2944: EPPs Seeks Evidentiary Hearing on Class Certification Bid
MDL 3048: Court Junks Uber's Bid to Transfer Case
MIAMI DADE COUNTY, FL: Must File Class Cert Response by June 11
MOF-PRESERVATION: Class Cert Discovery Extended to August 30
MPS GROUP: Fails to Pay Proper OT Wages, Lykins Claims
MRS BPO: Court Partly OK's Bid to Extend Time to File Class Cert
MT. DIABLO: Suit Seeks to Certify Class of CPHS Female Students
MULTIPLAN INC: Ivy Creek Sues Over Unlawful Reimbursement Rates
NCAA: Parties Seek to Seal Class Cert Materials
NISSAN NORTH: Court Suspends Class Cert Briefing in Elias Suit
NORDIC NATURALS: Filing for Class Cert Bid in Caldwell Due Dec. 16
OLO INC: Scarantino Sues Over Breach of Fiduciary Duties
OPEN TEXT: Subsidiary's Proposed Settlement for Final Court OK
PANDA RESTAURANT: Davis Sues Over Unprotected Private Information
PANDA RESTAURANT: Faces Oluwalowo Suit Over Alleged Data Breach
PELOTON INTERACTIVE: Settlement Deal in Cohen Gets Initial Nod
PEOPLECONNECT INC: Parties in Nolen Must File Joint Status Report
PHP OF NC: Johnson Bid to Conditionally Certify Action Partly OK'd
PINK JEEP: Slepian Loses Class Certification Bid
PITTSBURGH REGIONAL: Can File Class Cert Bid Opposition Brief
PROFESSIONAL FINANCE: Court Certifies Class in Rodriguez Suit
PROGRESSIVE SELECT: Filing for Summary Judgment Bid Due Sept. 6
QUIKTRIP CORP: Bugaj Sues Over Unlawful Biometric Data Collection
REDWIRE CORP: Thompson Bid to Strike Daubert Motion Tossed
RENTQUI LLC: Paba Sues Over Unlawful Debt Collection Practices
RH: Faces Washington Suit Over Call Center Employees' Unpaid Wages
RICE DRILLING: Gregor Suit Seeks to Certify Class & Subclass
RIVIAN AUTOMOTIVE: Court Directs Discovery Plan Filing in Johnson
ROBINHOOD FINANCIAL: Seeks To File Class Cert Opposition Under Seal
SANOFI-AVENTIS US: Class Certification Bid Extended to June 21
SAZERAC COMPANY: McKay Seeks to Certify Class
SCHLUMBERGER TECHNOLOGY: Lowe Seeks Proper Overtime Pay
SCRIBE MEDIA: Cormier Class Suit Referred to Magistrate Judge
SELENE FINANCE: Cruz Suit Seeks to Certify Class and Subclass
SHOALS TECHNOLOGIES: Kissimmee Utility Sues Over Misleading Claims
SIEMENS INDUS: June 3 Class Cert Hearing in Enomoto Vacated
SOFIA CASHMERE: Website Inaccessible to Blind, Jones Suit Says
SOUND SEAL: Filing for Conditional Class Cert. Extended to August 9
SOUTHWEST HEALTH: Filing for Class Cert Bid Extended to August 21
SOUTHWOOD REALTY: Fails to Pay Proper Wages, Hubbard Suit Says
STAT COURIER: Class Certification Discovery Due August 23
STEVEN MADDEN: Wilkins ADA Suit Removed to E.D. Pa.
STRONG MAN: Hernandez Sues Over Labor Law Breaches
STUBHUB INC: Website Inaccessible to Blind, Tarr Suit Claims
SUNDANCE HOLDINGS: Competello Sues Over Blind-Inaccessible Website
TALIS BIOMEDICAL: Parties Seek Dissemination of Class Notice
TD BANK: Settlement in Burns Suit Gets Initial Approval
TD BANK: Settlement in KRMS Farms Suit Wins Initial Nod
TECO ENERGY: Seeks More Time to File Class Cert Bid Opposition
TELLURIDE RESORT: Alvarez Suit Seeks to Certify Class of Workers
UNITED SEATING: Walker Sues Over Unprotected Personal Info
UNIVERSITY OF OKLAHOMA: Johnson Sues Over Race-Based Student Aid
URBANI TRUFFLES: Jackson Sues Over Blind-Inaccessible Website
US IMMIGRATION: Court Junks Jimenez Suit
USA TODAY: Stevens Wins Class Certification Bid
VIAQUEST RESIDENTIAL: Filing for Class Cert Bid Extended to Nov. 15
WAYNE COUNTY, MI: Class Cert Discovery Due August 9
WEBTPA EMPLOYER: Gullette and Burger Sue Over Private Data Breach
WEBTPA EMPLOYER: Harrell Sues Over Inadequate Data Security
WICHITA, KS: Class Action Settlement in Progeny Gets Initial Nod
YF FC OPERATIONS: Petrovich and Cardero Sue Over Unsolicited Texts
*********
299 FEDERAL: Smith Seeks to Recover Retained Tips Under FLSA
------------------------------------------------------------
DANIELLE SMITH, on behalf of herself, FLSA Collective Plaintiffs
and the Class v. 299 N FEDERAL MASTER, LLC, WHG PAYROLL, LLC,
WURZAK HOTEL GROUP MARK LLC, and JOHN DOE CORPORATIONS 1-20, Case
No. 2:24-cv-02060 (E.D. Pa., May 14, 2024) seeks to recover
illegally retained tips to subsidize the salaries of managers and
non-tipped employees, under the Fair Labor Standards Act.
Specifically, the Plaintiff alleges that that Defendants claimed a
tip credit from her and putative class members wages in violation
of the FLSA and State wage laws due to the following: (1) failing
to provide the notice of the tip-credit and/or tip-pool
arrangement; (2) requiring the Plaintiff and others similarly
situated to perform more than 30 minutes of continuous non-tip
producing side work at the reduced tip credit minimum wage rate;
(3) requiring that she and other similarly situated to perform
non-tip producing side work for more than 20 percent of the
workweek at the tip credit minimum wage rate; (4) including
non-tipped employees such as managers and back of house employees
in the tip pool; and (5) illegally retained mandatory gratuities.
The Plaintiff further alleges, pursuant to the Florida Minimum Wage
Act ("FMWA"), that she and others similarly situated are entitled
to recover from Defendants: unpaid minimum wages due to an invalid
tip credit, unpaid wages due to time-shaving, unpaid wages due to
rounding, illegally retained tips to subsidize the salaries of
managers and non-tipped employees, illegally retained
surcharges/gratuities, liquidated damages, and attorneys' fees and
costs.
The Plaintiff bring claims for relief as a collective action
pursuant to FLSA, on behalf of all current and former non-exempt
"front-of-house" employees (including servers, bussers, food
runners, bartenders, barbacks, among others) employed by the
Defendants on or after the date that is three (3) years before the
filing of the Complaint in this case ("FLSA Collective
Plaintiffs").
The Plaintiff also bring claims for relief pursuant to the Federal
Rule of Civil Procedure 23, on behalf of all current and former
non-exempt employees (including servers, bussers, food runners,
bartenders, barbacks, line cooks, cooks, chefs, porters, hosts,
among others) employed by the Defendants on or after the date that
is five (5) years, or the relevant statutory period of each State's
labor law, before the filing of the Complaint (the "Class Members"
or the "Class").
Ms. Smith was employed by the Defendant as a server from July 13,
2023 until Dec. 15, 2023.[BN]
The Plaintiff is represented by:
C.K. Lee, Esq.
LEE LITIGATION GROUP, PLLC
148 West 24th Street, 8th Floor
New York, NY 10011
Telephone: (212) 465-1188
Facsimile: (212) 465-1181
AEROTEK INC: Filing for Class Cert Bid in Ahlstrom Due Dec. 13
--------------------------------------------------------------
In the class action lawsuit captioned as JOSHUA AHLSTROM, etc., et
al., v. AEROTEK, INC., et al., Case No. 3:24-cv-00507-BEN-SBC (S.D.
Cal.), the Hon. Judge Steve Chu entered a scheduling order
regulating discovery and class certification motion filing deadline
as follows:
1. Any motion to join other parties, to amend the pleadings, or
to
file additional pleadings shall be filed by June 28, 2024.
2. The Court shall convene a telephonic attorneys-only Status
Conference on August 14, 2024, at 9:30 a.m. Counsel shall be
prepared to discuss the status of their discovery and
settlement
efforts.
3. All pre-class certification discovery shall be completed by
all
parties by Nov. 15, 2024.
4. Any motion for class certification must be filed no later
than
Dec. 13, 2024.
Aerotek provides staffing and services solutions in manufacturing,
logistics, construction, aviation, facilities and maintenance.
A copy of the Court's order dated May 21, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=H4mEpn at no extra
charge.[CC]
ANGIOLINA'S RESTAURANT: Sorto Sues Over Unlawful Labor Practices
----------------------------------------------------------------
JOSE SORTO, individually and on behalf of others similarly situated
v. ANGIOLINA'S RESTAURANT INC. (D/B/A EMPANADAS MONUMENTAL) and
ANGIOLINA CASTILLO, Defendants, Case No. 1:24-cv-03525 (S.D.N.Y.,
May 8, 2024) is a class action against the Defendants for unpaid
minimum and overtime wages pursuant to the Fair Labor Standards Act
and for violations of the New York Labor Law, and the "spread of
hours" and overtime wage orders of the New York Commissioner of
Labor, including applicable liquidated damages, interest,
attorneys' fees and costs.
Plaintiff Sorto was employed by Defendants at Empanadas Monumental
from approximately 2017 until on or about May 15, 2023.
The Defendants own, operate, or control a Latin American restaurant
under the name "Empanadas Monumental." [BN]
The Plaintiff is represented by:
Catalina Sojo, Esq.
CSM LEGAL, P.C.
60 East 42nd Street, Suite 4510
New York, NY 10165
Telephone: (212) 317-1200
Facsimile: (212) 317-1620
ASR GROUP: Faces Wood Suit Over Granulated Sugar Price-Fixing
-------------------------------------------------------------
Wood Ranch Moorpark, Inc., Wood Ranch Agoura LP, Wood Ranch
Camarillo LP, Wood Ranch Anaheim LP, Wood Ranch Valencia LP, Wood
Ranch Northridge LP, Wood Ranch RSM LP, Wood Ranch Cerritos LP,
Wood Ranch Corona LP, Wood Ranch Chino LP, Wood Ranch Ventura LP,
Wood Ranch Irvine LP, Wood Ranch Mission Valley LP, Wood Ranch
Burbank LP, Wood Ranch Laguna Niguel LP, Wood Ranch WLA LP, and
Wood Ranch Thousand Oaks LP, individually and on behalf of all
others similarly situated, Plaintiffs v. ASR GROUP INTERNATIONAL,
INC.; AMERICAN SUGAR REFINING, INC.; DOMINO FOODS, INC.; UNITED
SUGAR PRODUCERS & REFINERS COOPERATIVE f/k/a UNITED SUGARS
CORPORATION; MICHIGAN SUGAR COMPANY; CARGILL, INC.; COMMODITY
INFORMATION, INC.; and RICHARD WISTISEN, an individual, Defendants,
Case No. 3:24-cv-00818-JES-SBC (S.D. Cal., May 9, 2024) is a class
action for Defendants' violations of the Sherman Antitrust Act,
seeking treble damages, injunctive relief, and other relief
pursuant to the federal antitrust laws and demand a trial by jury
on all matters so triable.
This lawsuit arises from Defendants' unlawful agreement to fix
prices for Granulated Sugar in the United States. The Producing
Defendants are among the largest producers and sellers of
Granulated Sugar in the United States and are direct competitors,
especially after United's acquisition of another competitor,
Imperial Sugar Company in 2023.
Beginning at least as early as January 1, 2019, the exact date
being unknown to Plaintiffs at this time, Defendants and their
co-conspirators conspired to artificially inflate the price of
Granulated Sugar in the United States. Among the victims of the
conspiracy are commercial indirect purchasers of Granulated Sugar
from the Producing Defendants, including commercial kitchens found
in bakeries, coffee shops, grocery stores, and restaurants. To
implement their price-fixing conspiracy, the Defendants exchanged
detailed, competitively sensitive, non-public information about
Granulated Sugar prices, capacity, sales volume, supply, and
demand, says the suit.
Plaintiff Wood Ranch Moorpark, Inc. operates a restaurant located
in Moorpark, California.
ASR Group International, Inc. is a global producer and seller of
granulated sugar based in West Palm Beach, Florida.[BN]
The Plaintiffs are represented by:
Alreen Haeggquist, Esq.
Aaron M. Olsen, Esq.
HAEGGQUIST & ECK, LLP
225 Broadway, Suite 2050
San Diego, CA 92101
Telephone: (619) 342-8000
Facsimile: (619) 342-7878
- and -
Jon A. Tostrud, Esq.
Anthony M. Carter, Esq.
TOSTRUD LAW GROUP, P.C.
1925 Century Park East, Suite 2100
Los Angeles, CA 90067
Telephone: (310) 278-2600
Facsimile: (310) 278-2640
E-mail: jtostrud@tostrudlaw.com
acarter@tostrudlaw.com
- and -
Don Barrett, Esq.
Sterling Aldridge, Esq.
Katherine B. Riley, Esq.
David McMullan, Esq.
BARRETT LAW GROUP, P.A.
404 Court Square N.
Lexington, MS 39095
Telephone: (662) 834-2488
E-mail: dbarrett@barrettlawgroup.com
saldridge@barrettlawgroup.com
kbriley@barrettlawgroup.com
dmcmullan@barrettlawgroup.com
- and -
Michael J. Flannery, Esq.
CUNEO GILBERT & LADUCA, LLP
Two CityPlace Drive
St. Luis, MO 63141
Telephone: (314) 226-1015
E-mail: mflannery@cuneolaw.com
BENIHANA INC: Court Tosses Kim's Class Certification Bid
--------------------------------------------------------
In the class action lawsuit captioned as YOUNGSUK KIM, an
individual and on behalf of other members of the general public
similarly situated, v. BENIHANA, INC, a Florida Case No.
5:19-cv-02196-JWH-DTB (C.D. Cal.), the Hon. Judge John Holcomb
entered an order:
1. Granting Benihana's Forister motion;
2. Denying Kim's Class Certification motion;
3. Directing the parties to meet and confer regarding the
posture
of this case, and directing the parties to file no later than
June 7, 2024, a Joint Status Report that provides the Court
with
their jointly proposed case schedule or, if the parties
cannot
agree, with each party's respective proposed case schedule
and
objections to the other party's proposed schedule; and
4. Setting a Scheduling Conference for June 21, 2024, at 11:00
a.m.
in Courtroom 9D of the Ronald Reagan Federal Building and
U.S.
Courthouse, 411 W. 4th Street, Santa Ana, California.
The Court grants Benihana's motion to exclude Forister’s opinions
regarding benefit-of-the-bargain damages for failing to meet the
standard set forth in Rule 702 and Daubert.
Because the Court concludes that Kim fails to present a viable
damages model, it further concludes that class certification is not
appropriate under Rule 23(b)(3).
The Court therefore need not address the issues of numerosity,
typicality, or adequacy-ofrepresentation.
Between 2015 and 2019, Kim patronized various Benihana restaurants
in
California, including locations in Santa Monica, where Kim
purchased certain Food Products on Benihana's menu that were
advertised as containing "crab," among other ingredients. The Food
Products, however, do not actually contain any amount of real crab;
therefore, according to Kim, the menus are misleading, deceptive,
and false.
Benihana is an operator of teppanyaki-style restaurants.
A copy of the Court's order dated May 20, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=5LSJE5 at no extra
charge.[CC]
BOOKTIX INC: Crisci Sues Over Breach of All-In-Pricing Mandate
--------------------------------------------------------------
KELLY CRISCI, on behalf of herself and all others similarly
situated, Plaintiff v. BOOKTIX INC., Defendant, Case No.
7:24-cv-03670 (S.D.N.Y., May 13, 2024) seeks to redress the illegal
practice of Defendant in concealing processing fees until the final
moments of checkout in violation of New York's "all-in pricing"
mandate under the New York Arts and Cultural Affairs Law.
Plaintiff Crisci asserts that Defendant's practice of adding fees
only at the end of the ticket purchasing process is in direct
contravention of New York's law governing online ticket sales.
Accordingly, the Plaintiff and her fellow Class members seek to
recover actual and/or statutory damages, attorneys' fees and costs,
and injunctive relief under New York Arts and Cultural Affairs
Law.
Based in East Brunswick, NJ, BookTix Inc. promotes, sells, markets,
and distributes its online ticketing platform in New York and
throughout the United States. [BN]
The Plaintiff is represented by:
James R. Denlea, Esq.
Jeffrey I. Carton, Esq.
Amber T. Wallace, Esq.
2 Westchester Park Drive, Suite 410
White Plains, NY 10604
Telephone: (914) 331-0100
Facsimile: (914) 331-0105
E-mail: jdenlea@denleacarton.com
jcarton@denleacarton.com
awallace@denleacarton.com
BRADLEY COUNTY, TN: Court Approves Class Settlement Deal in Eden
----------------------------------------------------------------
In the class action lawsuit captioned as DARRELL EDEN; RANDY BACON;
ESTATE OF CHRISTOPHER BROWN; through personal representative Paula
Rhea Brown; ESTATE OF MARTIN CHOUINARD, through administrator ad
litem April Hancock; SANDRA CULBERTSON; ESTATE OF DENISE CULPEPPER,
through personal representative April Richard; LAURA FULLER; ESTATE
OF BRANDON GASH, b/n/k Harry and Sheryl Gash; BENJAMIN NEWTON
HANNAH; KRIS HOLDER; AMANDA LENNIE; SHELBY LONG; TERA MILLER; BRYAN
WAMPLER; and SHARON WATERS, on behalf of themselves and all others
similarly situated; and AVERY L. SHARP; CHELSEA COULTER; KENDRA
MICKEL; and
ZACHARY GUINN, on behalf of themselves and all others similarly
situated, v. BRADLEY COUNTY, TENNESSEE; SHERIFF STEVE LAWSON, in
his official capacity; CAPTAIN JERRY JOHNSON, JR., in his official
capacity; ERIC WATSON, in his individual capacity; and CAPTAIN
GABRIEL THOMAS, in his individual capacity, Case No.
1:18-cv-00217-CHS (E.D. Tenn.), the Hon. Judge Christopher Steger
entered an order approving class action settlement.
-- The Damages Class:
"all persons who, during the Damages Class Period: (a) were
inmates at the Jail (i.e., were under arrest and had been or
were
being transported to the Jail in the custody of the BCSO (but
not
any other law enforcement agency)); and (b) during their period
of
confinement, suffered from an obvious or diagnosed medical
received, suffered a worsening of said condition (or
conditions)
and/or unnecessary pain, suffering, or discomfort."
-- The Injunctive Relief Class:
"all persons who, as of the date that the Preliminary Approval
Order is entered, are, or in the future will be, confined at
the
Jail"
-- Attorney's Fees and Expenses and Incentive Awards
Pursuant to the Court’s separate Order, Class Counsel has
been
awarded:
(i) attorney's fees in the sum of one million, one hundred
forty thousand dollars and 00/100 ($1,140,000.00); and
(ii) reimbursement of their costs and expenses in the sum of
one
hundred twenty thousand and forty-six dollars and
thirteen
cents ($120,046.13).
In addition, the Court hereby awards Class Representatives
Incentive Awards in the amount of $5,000.00 each.
A copy of the Court's order dated May 20, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=kGW7lm at no extra
charge.[CC]
CAKES BODY: Vicente Sues Over Deceptive Marketing of Cakes Covers
-----------------------------------------------------------------
LILY ANN VICENTE, individually and on behalf of all others
similarly situated, Plaintiff v. CAKES BODY LLC, Defendant, Case
No. 4:24-cv-02797-KAW (N.D. Cal., May 9, 2024) is a class action
against the Defendant for violations of California's Consumers
Legal Remedies Act, California's Unfair Competition Law, and
California's False Advertising Law. The lawsuit also asserts breach
of express warranty and unjust enrichment.
The Plaintiff brings this class action lawsuit on behalf of herself
and all similarly situated consumers who purchased Cakes Body's
Cakes Covers. Cakes Covers are marketed as "washable and reusable"
nipple covers made from "100% medical-grade silicone" which
Defendant warrants will "adhere to your body using your natural
body heat."
The Defendant markets its product as "grippy, not sticky" and
differentiates its product from "other store's nipple covers
[which] use harsh, irritating adhesive to make their product
stick." But, despite Defendant's tagline, when applied directly to
breasts as directed, the product is neither grippy nor sticky, says
the suit.
Cakes Body LLC is a California limited liability company with its
principal place of business in Pacific Palisades. The Defendant
marketed, sold, and distributed its product throughout California
and the United States.[BN]
The Plaintiff is represented by:
L. Timothy Fisher, Esq.
Emily A. Horne, Esq.
Joshua B. Glatt, Esq.
BURSOR & FISHER, P.A.
1990 North California Blvd., Suite 940
Walnut Creek, CA 94596
Telephone: (925) 300-4455
Facsimile: (925) 407-2700
E-mail: ltfisher@bursor.com
ehorne@bursor.com
jglatt@bursor.com
CALIFORNIA STATE UNIVERSITY: Class Cert Bid Filing Due June 21
--------------------------------------------------------------
In the class action lawsuit captioned as Anders, et al., v.
California State University, Fresno, et al., Case No. 1:21-cv-00179
(E.D. Cal., Filed Feb. 12, 2021), the Hon. Judge Jennifer L.
Thurston entered an order granting the Parties' stipulation
regarding a proposed briefing schedule for Defendants' motion to
dismiss and Plaintiffs' renewed motion for class certification.
Accordingly, any motions are to be filed no later than June 21,
2024.
Any responses in opposition are due by July 26, 2024, and any
replies thereto are due by August 9, 2024.
The nature of suit states Civil Rights – Education.
California State University is a public research university in Long
Beach, California.[CC]
CAPITAL ONE: Walton Hits Fraud Claim Denial Over Stolen Card
------------------------------------------------------------
LEAH WALTON, individually and on behalf of all others similarly
situated, Plaintiff v. CAPITAL ONE, N.A., Defendant, Case No.
5:24-cv-02788 (N.D.N.Y., May 8, 2024) is a class action against the
Defendant for breach of contract including breach of the covenant
of good faith and fair dealing, and for violation of the
California's Unfair Competition Law.
The Plaintiff asserts that she is a victim to financial fraud.
Immediately after she learned that her debit card was stolen out of
her car along with other personal items, she alerted Capital One to
the loss and submitted a fraud claim with substantial factual proof
identifying nearly $1,500 in unauthorized charges. Capital One
offered her a "provisional credit" for the fraudulent amount.
Later, Capital One summarily denied her claim on the grounds that
it didn't find an error, and closed her checking account, says the
Plaintiff.
The Plaintiff was given no opportunity to contest Capital One's
reasoning for denying the fraud claim or any explanation as to how
the Bank reached its conclusion. Despite Plaintiff's request for an
explanation and further review, and submitting a police report for
the stolen debit card, Capital One mechanically rejected
Plaintiff's claim without performing a reasonable investigation and
instead issued form denial letters devoid of any factual findings
or documentation from its alleged investigation, says the suit.
The Plaintiff seeks seek actual damages, punitive damages, and an
injunction on behalf of the general public to prevent the Bank from
continuing to engage in its illegal and/or unfair practices as
alleged herein.
Capital One, N.A. is a national bank with its headquarters and
principal place of business located in McLean, Virginia.[BN]
The Plaintiff is represented by:
Scott Edelsberg, Esq.
EDELSBERG LAW, P.A.
1925 Century Park East, Suite 1700
Los Angeles, CA 90067
Telephone: (305) 975-3320
E-mail: scott@edelsberglaw.com
- and -
Jeffrey D. Kaliel, Esq.
KALIELGOLD PLLC
1100 15th Street NW, 4th Floor
Washington, D.C. 20005
Telephone: (202) 280-4783
E-mail: jkaliel@kalielpllc.com
- and -
Sophia G. Gold, Esq.
KALIELGOLD PLLC
950 Gilman Street, Suite 200
Berkeley, CA 94710
Telephone: (202) 350-4783
E-mail: sgold@kalielgold.com
CENLAR FSB: Filing of Class Certification Bid Revised to August 28
------------------------------------------------------------------
In the class action lawsuit captioned as BRYANT WALKER, v. CENLAR,
FSB, et al., Case No. 2:21-cv-05381-NIQA (E.D. Pa.), the Hon. Judge
Nitza Quiñones Alejandro entered a revised scheduling order as
follows:
1. Class certification and fact discovery shall be completed by
Aug. 28, 2024.
2. Expert reports shall be due by Sept. 19, 2024.
3. Any rebuttal reports shall be due by Oct. 15, 2024.
4. The completion of expert discovery shall be completed by Oct.
28, 2024.
5. A motion for class certification shall be filed by Dec. 30,
2024.
6. Dispositive motions, if any, shall be filed by Jan. 6, 2025.
7. A final pretrial conference and the submission of Rule
26(a)(3)
pretrial disclosures will be scheduled, if necessary,
following
the resolution of dispositive motions.
Cenlar operates as a mortgage subservicing company.
A copy of the Court's order dated May 20, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=9DjhUz at no extra
charge.[CC]
CLEAN HARBORS: Must File Opposition to 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
Hon. Judge Dee Drell entered an order granting consent motion for
extension of time to file opposition to Plaintiffs' motion to
certify class.’
-- Clean Harbors' deadline for the filing of an opposition Memo to
Plaintiffs' motion to certify class is reset to May 30, 2024.
Clean Harbors offers the widest range of disposal, chemical packing
& household hazardous waste services.
A copy of the Court's order dated May 21, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=QHjb6V at no extra
charge.[CC]
CME GROUP: Continues to Defend Breach of Contract Suit
------------------------------------------------------
CME Group Inc. disclosed in its Form 10-Q Report for the quarterly
period ending March 31, 2024 filed with the Securities and Exchange
Commission on May 1, 2024, that the Company continues to defend
itself from the breach of contract class suit in the Circuit Court
of Cook County, Chancery Division.
A putative class action complaint was filed January 15, 2014 in the
Circuit Court of Cook County, Chancery Division, against CME Group
Inc. and the Board of Trade of the City of Chicago, Inc.
The plaintiffs, certain Class B shareholders of CME Group and Class
B members of CBOT, allege breach of contract and breach of the
implied covenant of good faith and fair dealing for violations of
their core rights granted in the defendants' respective
Certificates of Incorporation.
On December 2, 2021, the court granted the plaintiffs' motion for
certification of a damages-only class.
No trial date has been set.
Given the uncertainty of factors that may potentially affect the
resolution of the matter, at this time the company is unable to
estimate the reasonably possible loss or range of reasonably
possible losses in the unlikely event it were found to be liable at
trial.
Based on its investigation to date, the company believes that it
has strong factual and legal defenses to the claims.
CME Group Inc., headquartered in Chicago, operates financial
derivatives exchanges including the Chicago Mercantile Exchange,
Chicago Board of Trade, New York Mercantile Exchange, and The
Commodity Exchange.
COACH IP: Faces Dalton Suit Over Blind-Inaccessible Website
-----------------------------------------------------------
Julie Dalton, individually and on behalf of all others similarly
situated, Plaintiff v. Coach IP Holdings LLC, Defendant, Case No.
0:24-cv-01726 (D. Minn., May 13, 2024) arises out of the
Defendant's violation of both the general non-discriminatory
mandate and the effective communication and auxiliary aids and
services requirements of the Americans with Disabilities Act and
its and its implementing regulations and asserts a companion cause
of action under the Minnesota Human Rights Act.
The case arises because the Defendant's Website, www.coach.com, is
not fully and equally accessible to people who are blind or who
have low vision. Accordingly, the Plaintiff seeks relief including
an injunction requiring Defendant to make its Website accessible to
individuals with visual disabilities.
Headquartered in New York, NY, Coach IP Holdings LLC offers
clothing and accessories for sale online, including handbags,
wallets, wristlets, and shoes. [BN]
The Plaintiff is represented by:
Chad A. Throndset, Esq.
Patrick W. Michenfelder, Esq.
Jason Gustafson, Esq.
THRONDSET MICHENFELDER, LLC
80 South 8th Street, Suite 900
Minneapolis, MN 55402
Telephone: (763) 515-6110
E-mail: chad@throndsetlaw.com
pat@throndsetlaw.com
jason@throndsetlaw.com
COLE HAAN: Website Inaccessible to Blind Users, Gomberg Suit Claims
-------------------------------------------------------------------
MATTHEW GOMBERG, on behalf of himself and all others similarly
situated, Plaintiffs, v. Cole Haan, LLC, Defendant, Case No.
2:24-cv-02068-GAM (E.D. Pa., May 15, 2024), arises from Defendant's
failure to make its Website accessible to legally blind
individuals, which violates the effective communication and equal
access requirements of Title III of the Americans with Disabilities
Act.
The access barriers make it impossible for Plaintiff and other
blind and visually-impaired users to enjoy and learn about the
services at its website prior to entering Defendant's physical
location. The Plaintiff seeks a permanent injunction to cause a
change in Defendant's corporate policies, practices, and procedures
so that Defendant's Website will become and remain accessible to
blind and visually-impaired consumers.
Cole Haan LLC sells men's and women's footwear and accessories
online through its website, https://www.colehaan.com. [BN]
The Plaintiff is represented by:
David Glanzberg, Esq.
Robert Tobi, Esq.
GLANZBERG TOBIA LAW, P.C.
123 South Broad Street, Suite 1640
Philadelphia, PA 19109
Telephone: (215) 981-5400
E-mail: DGlanzberg@aol.com
robert.tobia@gtlawpc.com
CONOCOPHILLIPS: Continues to Defend Federal Securities Class Suit
-----------------------------------------------------------------
ConocoPhillips disclosed in its Form 10-Q Report for the quarterly
period ending March 31, 2024 filed with the Securities and Exchange
Commission on May 2, 2024, that the Company continues to defend
itself from federal securities class suit in the United States
District Court for the Southern District of Texas.
In July 2021, a federal securities class action was filed against
Concho, certain of Concho's officers, and ConocoPhillips as
Concho's successor in the United States District Court for the
Southern District of Texas.
On October 21, 2021, the court issued an order appointing Utah
Retirement Systems and the Construction Laborers Pension Trust for
Southern California as lead plaintiffs (Lead Plaintiffs).
On January 7, 2022, the Lead Plaintiffs filed their consolidated
complaint alleging that Concho made materially false and misleading
statements regarding its business and operations in violation of
the federal securities laws and seeking unspecified damages,
attorneys' fees, costs, equitable/injunctive relief, and such other
relief that may be deemed appropriate.
The defendants filed a motion to dismiss the consolidated complaint
on March 8, 2022.
On June 23, 2023, the court denied defendants' motion as to most
defendants including Concho/ConocoPhillips.
The Company believes the allegations in the action are without
merit and is vigorously defending this litigation.
ConocoPhillips is an exploration and production company based in
Texas. On January 15, 2021, it completed the acquisition of Concho
Resources Inc. (Concho), an independent oil and gas exploration and
production company with operations in New Mexico and West Texas
focused on the Permian Basin.
COOPERSURGICAL INC: F.G. Bid for Protective Order Partly Granted
----------------------------------------------------------------
In the class action lawsuit captioned as F.G., et al., v.
COOPERSURGICAL, INC., et al., Case No. 4:24-cv-01261-JST (N.D.
Cal.), the Hon. Judge Jon Tigar entered an order granting in part
and denying in part Plaintiff's motion for protective order.
1. By June 3, 2024, CooperSurgical shall produce a list of
persons
with whom it has communicated regarding settlement or release
on
or after March 1, 2024 to Plaintiffs, even if such
communications began prior to that date.
2. Regarding any putative class member with whom Defendants
communicated on or after March 1, 2024, who had not executed
a
release on or before that date, CooperSurgical shall send a
corrective disclosure in a form approved by the Court, and
shall
file a declaration under penalty of perjury by a responsible
The Plaintiffs bring this action on behalf of themselves and on
behalf of a class of "individuals in the United States whose eggs
and/or embryos were exposed" to recalled lots of Defendants'
product.
On Nov. 2023, the Plaintiffs' fertility clinic fertilized four of
F.G.'s eggs with H.I.'s sperm and placed them in the Defendants'
culture media. The Plaintiffs allege that "each of the four eggs
was successfully fertilized, but all of Plaintiffs' developing
embryos were destroyed due to Defendants' defective culture
media."
The Plaintiffs filed this putative class action against Defendants
on March 1, 2024, alleging, inter alia, strict products liability
(manufacturing defect, design defect, and failure to warn),
negligent failure to recall, negligence or gross negligence,
trespass to chattels, and unjust enrichment.
The Plaintiffs F.G. and H.I. are a married couple that sought IVF
treatment at a fertility clinic in New York in the hopes of having
biological children.
CooperSurgical manufactures, markets, and sells products to
fertility clinics, including a culture media product designed to
support the growth and development of embryos created through [in
vitro
fertilization].
A copy of the Court's order dated May 20, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=MGvvsA at no extra
charge.[CC]
CSX TRANSPORTATION: Settlement in Shongo Gets Initial Nod
---------------------------------------------------------
In the class action lawsuit captioned as CHEYENNE SHONGO, et al, v.
CSX TRANSPORTATION, INC., Case No. 1:22-cv-02684-MJM (D. Md.), the
Hon. Judge Matthew Maddox entered an order certifying settlement
class and preliminary approval of class action settlement.
For settlement purposes only, the action may be maintained as a
class action under Federal Rule of Civil Procedure 23 on behalf of
the Settlement Class, defined as follows:
"All Persons either (a) residing (as their primary residence) on
December 30, 2021, or (b) owning residential real property on or
since December 30, 2021, in the area identified on the "Class
Area"
map above and narratively defined as follows:
Beginning at the intersection of W. Bay Ave. and E. Patapsco
Ave.,
extending southeast to the intersection of E. Patapsco Ave. and
Curtis Ave., then extending south along Curtis Ave. until its
intersection with railroad tracks (located at approximately
39.216431, -71.586-087), then southwest to the intersection of
Branch Ave. and Arundel Blvd., then northwest to the
intersection
of W. Bay Avenue and Church Street, then north along W. Bay Ave.
to
the intersection of W. Bay Ave. and E. Patapsco Ave., all within
the City of Baltimore, Maryland.
The Class Area includes properties immediately abutting the
boundary lines described above, including, for example, on the
north side of E. Patapsco Ave. between West Bay Ave. and Curtis
Ave.
Cheyenne Shongo and Kennett Walker are hereby designated as the
Settlement Class Representatives for the Settlement Class.
The following counsel are designated and authorized to act as
Settlement Class Counsel: Jonathan Nace and Zachary Kelsay of Nidel
& Nace, PLLC
A hearing shall be held on Sept. 11, 2024.
The Court appoints American Legal Claims Services to serve as
Settlement Administrator.
CSX is a Class I freight railroad company operating in the Eastern
United States and the Canadian provinces of Ontario and Quebec.
A copy of the Court's order dated May 20, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=ZxEcPz at no extra
charge.[CC]
CVS PHARMACY: Parties Propose Sept. 26 Class Cert Filing Deadline
-----------------------------------------------------------------
In the class action lawsuit captioned as JOHN DOE ONE, RICHARD ROE,
in his capacity as executor for JOHN DOE TWO, JOHN DOE SIX; and
JOHN DOE SEVEN, on behalf of themselves and all others similarly
situated and for the benefit of the general public, v. CVS
PHARMACY, INC.; CAREMARK, L.L.C.; CAREMARK CALIFORNIA SPECIALTY
PHARMACY, L.L.C.; GARFIELD BEACH CVS, L.L.C.; CAREMARKPCS HEALTH,
L.L.C.; and DOES 1–10, inclusive, Case No. 3:18-cv-01031-EMC
(N.D. Cal.), the Parties file a joint stipulation and proposed
order regarding briefing of plaintiffs' motion for class
certification as follows:
Item New [Proposed] Deadline
Motion for Class Certification: Sept. 16, 2024
Opposition for Motion for Class Nov. 15, 2024
Certification:
Reply in Support of Motion for Class Dec. 6, 2024
Certification:
Hearing on Motion for Class January 9, 2025
Certification: at 1:30 p.m.
CVS is an American retail corporation.
A copy of the Parties' motion dated May 20, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=81Dz97 at no extra
charge.[CC]
The Plaintiffs are represented by:
Alan M. Mansfield, Esq.
Joe R. Whatley, Jr., Esq.
Edith M. Kallas, Esq.
Henry C. Quillen, Esq.
WHATLEY KALLAS, LLP
16970 W. Bernardo Dr., Suite 400
San Diego, CA 92127
Telephone.: (858) 674-6641
Facsimile: (855) 274-1888
E-mail: amansfield@whatleykallas.com
jwhatley@whatleykallas.com
ekallas@whatleykallas.com
hquillen@whatleykallas.com
- and -
Jerry Flanagan, Esq.
Benjamin Powell, Esq.
CONSUMER WATCHDOG
6330 San Vicente Blvd., Suite 250
Los Angeles, CA 90048
Telephone: (310) 392-0522
E-mail: jerry@consumerwatchdog.org
ben@consumerwatchdog.org
The Defendants are represented by:
Enu Mainigi, Esq.
Craig D. Singer, Esq.
Grant A. Geyerman, Esq.
Benjamin W. Graham, Esq.
WILLIAMS & CONNOLLY LLP
680 Maine Ave., S.W.
Washington, DC 20024
Telephone: (202) 434-5000
Facsimile: (202) 434-5029
- and -
John J. Atallah, Esq.
FOLEY & LARDNER LLP
555 South Flower Street, Ste. 3500
Los Angeles, CA 90071
Telephone: (213) 972-4500
Facsimile: (213) 486-0065
DEUX MAINS: Website Inaccessible to Blind Users, Riley Suit Claims
------------------------------------------------------------------
AMANIE RILEY, on behalf of herself and all others similarly
situated, Plaintiff v. Deux Mains Distribution, LLC, Defendant,
Case No. 1:24-cv-03663 (S.D.N.Y., May 13, 2024) arises from
Defendant's failure to design, construct, maintain, and operate
their website to be fully accessible to and independently usable by
Plaintiff and other blind or visually-impaired persons.
Plaintiff Riley alleges that Defendant's denial of full and equal
access to its Website is a violation of Plaintiff's rights under
the Americans with Disabilities Act, the New York State Human
Rights Law, and the New York City Human Rights Law. The Plaintiff
intended to purchase handmade earrings due to her passion for
unique and custom-made items. Unfortunately, she could not
efficiently use the site's services due to its inaccessibility for
individuals with visual impairments. Accordingly, Plaintiff seeks a
permanent injunction to cause a change in Defendant'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.
Based in Lake Worth Beach, FL, Deux Mains Distribution, LLC owns
and operates the Website, Deuxmains.com, which sells footwear,
handmade accessories and jewelry. [BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
MARS KHAIMOV LAW, PLLC
100 Duffy Avenue, Suite 510
Hicksville, NY 11801
Telephone: (929) 324-0717
Facsimile: (929) 333-7774
E-mail: mars@khaimovlaw.com
DILLON MUSIC: Website Inaccessible for Blind Users, Liz Suit Says
-----------------------------------------------------------------
PEDRO LIZ, on behalf of himself and all others similarly situated,
Plaintiff v. Dillon Music, Inc., Defendant, Case No. 1:24-cv-03735
(S.D.N.Y., May 15, 2024) accuses the Defendant of violating the
Americans with Disabilities Act (ADA), the New York State Human
Rights Law, and the New York City Human Rights Law.
Plaintiff Liz browsed and intended to make an online purchase of a
clarinet on Defendant's website. Unfortunately, he encountered
difficulties navigating the site due to its inaccessibility, making
it impossible to easily navigate the site and complete the
purchase. Accordingly, the Plaintiff brings this civil rights
action against Dillon Music 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. Moreover, the Plaintiff alleges that
Defendant's denial of full and equal access to its website is a
violation of Plaintiff's rights under the ADA.
Located in Woodbridge, NJ, Dillon Music, Inc. sells musical
instruments and accessories through is physical store and through
its website, Dillonmusic.com.
The Plaintiff is represented by:
Gabriel A. Levy, Esq.
GABRIEL A. LEVY, P.C.
1129 Northern Blvd, Suite 404
Manhasset, NY 11030
Telephone: (347) 941-4715
E-mail: Glevyfirm@gmail.com
DIRECTV LLC: Class Settlement in Cordoba Suit Gets Final Nod
------------------------------------------------------------
In the class action lawsuit captioned as Sebastian Cordoba,
individually and on behalf of all others similarly situated, v.
DIRECTV, LLC, individually and as successor through merger to
DIRECTV, Inc., Case No. 1:15-cv-03755-MHC (N.D. Ga.), the Hon.
Judge Mark Cohen entered an order granting final approval of class
settlement, certifying settlement class, and awarding attorneys'
fees and expenses.
The litigation arose from a class action lawsuit filed by Sebastian
Cordoba against DirectTV for purported violations of the Telephone
Consumer Protection Act.
DirecTV is an American multichannel video programming distributor
A copy of the Court's order dated May 20, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=Gp39RB at no extra
charge.[CC]
DRURY HOTELS: Fails to Pay Proper Wages to CSRs, Knighten Alleges
-----------------------------------------------------------------
KAYLA KNIGHTEN, individually, and on behalf of others similarly
situated, Plaintiff v. DRURY HOTELS COMPANY, LLC, a Missouri
Corporation, Defendant, Case No. 4:24-cv-00666 (E.D. Mo., May 13,
2024) arises from Defendant's willful violations of the Fair Labor
Standards Act and for common law claims of breach of contract or
unjust enrichment.
Plaintiff Knighten worked for Defendant as a remote customer
service representatives (CSR)in Missouri. Allegedly, the Defendant
requires its CSRs to work a full-time schedule, plus overtime,
however, Defendant does not compensate CSRs for all work performed.
Through its attendance, schedule adherence, and performance
metrics, Defendant requires their CSRs to perform compensable work
tasks off-the-clock before and after their scheduled shifts, during
their unpaid meal periods, and at the end of their scheduled
shifts, says the Plaintiff.
Drury Hotels Company, LLC is a hospitality company that operates a
nationwide chain of hotels. [BN]
The Plaintiff is represented by:
Sarah Jane Hunt, Esq.
KENNEDY HUNT, P.C.
4500 West Pine Blvd.
St. Louis, MO 63108
Telephone: (314) 372-9041
Facsimile: (314) 872-9043
E-mail: sarahjane@kennedyhuntlaw.com
- and -
Charles R. Ash, IV, Esq.
ASH LAW, PLLC
402 W. Liberty St.
Ann Arbor, MI 48103-4388
Telephone: (734) 234-5583
E-mail: cash@nationalwagelaw.com
- and -
Oscar Rodriguez, Esq.
HOOPER HATHAWAY, P.C.
126 S. Main St.
Ann Arbor, MI 48104-1903
Telephone: (734) 662-4426
E-mail: orod@hooperhathaway.com
EAST BAY: Case Management Conference in Rivera Set for August 1
---------------------------------------------------------------
In the class action lawsuit captioned as IVETTE RIVERA, v. EAST BAY
MUNICIPAL UTILITIES DISTRICT, et al., Case No. 3:24-cv-02491-JD
(N.D. Cal.), the Hon. Judge James Donato entered an order that a
Case Management Conference shall be held in this case on August 1,
2024.
East Bay is a public utility district which provides water and
sewage treatment services.
A copy of the Court's order dated May 20, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=XUnndQ at no extra
charge.[CC]
ECKROTH MUSIC: Website Inaccessible to Blind, Tarr Suit Says
------------------------------------------------------------
ELLEN ELIZABETH TARR, on behalf of herself and all others similarly
situated v. Eckroth Music, Co., Case No. 1:24-cv-03696 (S.D.N.Y.,
May 14, 2024) sues the Defendant for failing to design, construct,
maintain, and operate their website "Eckroth.com" to be fully
accessible to and independently usable by the Plaintiff and other
blind or visually-impaired persons under the Americans with
Disabilities Act.
According to the complaint, the Defendant is denying blind and
visually impaired persons throughout the United States with equal
access to the goods and services Eckroth Music provides to their
non-disabled customers through their website. The Plaintiff browsed
and intended to make an online purchase of an acoustic guitar on
Eckroth.com. Unfortunately, all her efforts to buy the desired
product were unsuccessful because of the site's inaccessibility,
which is not adjusted for visually impaired users and is difficult
to navigate. Consequently, the Plaintiff was unable to buy the
guitar or locate an accessible phone number on the site to contact
customer support, says the suit.
The Plaintiff seeks a permanent injunction to cause a change in
Eckroth Music'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.
The Plaintiff is a visually-impaired and legally blind person who
requires screen-reading software to read website content using her
computer.
Eckroth offers music equipment including guitars, amplifiers,
drums, keyboards, accessories, method books, and educational
Resources.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
MARS KHAIMOV LAW, PLLC
100 Duffy Avenue, Suite 510
Hicksville, NY 11801
Telephone: (929) 324-0717
Facsimile: (929) 333-7774
E-mail: mars@khaimovlaw.com
ECP OPTOMETRY: Fails to Pay Overtime Wages, Vanorden Says
---------------------------------------------------------
Jodeci Vanorden and Gabriella Gantt, individually, and on behalf of
all other persons similarly situated, Plaintiffs v. ECP Optometry
Services, LLC, a Delaware company, and Eyecare Partners, LLC, a
Delaware company; Defendants, Case No. 2:24-cv-01060-DWL (D. Ariz.,
May 8, 2024) is a class action against Defendants for their failure
to pay all off the clock overtime hours in violation of the Fair
Labor Standards Act.
Plaintiffs Vanorden and Gantt were full-time employees of
Defendants from January 24, 2023 to April 1, 2024 and from March
15, 2023 to April 2, 2024, respectively. They assert that they were
compensated on an hourly basis and were not paid one-and-one-half
times their regular rates of pay for all time worked off the clock
in excess of 40 hours in a given workweek.
ECP Optometry Services, LLC provides eye care services.[BN]
The Plaintiffs are represented by:
James Weiler, Esq.
WEILER LAW PLLC
5050 N.40th St., Suite 260
Phoenix, AZ 85018
Telephone/Facsimile: (480) 442-3410
E-mail: jweiler@weilerlaw.com
EVERYDAY DOSE: Figueroa Sues Over Caller ID Rule Violations
-----------------------------------------------------------
KIMBERLY FIGUEROA, individually and on behalf of all others
similarly situated, Plaintiff v. EVERYDAY DOSE, INC., Defendant,
Case No. CACE-24-006624 (Fla. Cir., 17th Judicial, Broward Cty.,
May 13, 2024) seeks for injunctive and declaratory relief, and
damages for violations of the Caller ID Rules of the Florida
Telephone Solicitation Act.
Allegedly, Defendant made text message sales calls that promoted
Everyday Dose and violated the Caller ID Rules when it transmitted
to the recipients' caller identification services a telephone
number that was not capable of receiving telephone calls.
Everyday Dose, Inc. is a registered as a foreign corporation and
sells various goods to persons throughout the country through its
online store. [BN]
The Plaintiff is represented by:
Joshua A. Glickman, Esq.
Shawn A. Heller,Esq.
SOCIAL JUSTICE LAW COLLECTIVE
974 Ave., Dunedin, 34698
Telephone: (202)709-5744
Facsimile: (866) 893-0416
E-mail: josh@sjlawcollective.com
shawn@sjlawcollective.com
EXOS HUMAN: Faces Stone Suit Over Untimely Wage Payments
--------------------------------------------------------
PHILLIP STONE, individually and on behalf of all others similarly
situated, Plaintiff v. EXOS HUMAN CAPITAL, LLC, Defendant, Case No.
1:24-cv-03548 (S.D.N.Y., May 8, 2024) seeks to remedy Defendant's
violations of the Fair Labor Standards Act and the New York Labor
Law.
The Plaintiff was employed by Exos as an hourly worker from in or
around 2016 through approximately May 2023. He alleges the
Defendant's failure to pay minimum and overtime wages and failure
to pay on a timely basis.
Headquartered in Phoenix, Arizona, Exos Human Capital provides
fitness services and facilities for corporate clients throughout
the United States.[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
FITNESS EQUIPMENT: Vasquez Sues Over Fake Reference Prices
----------------------------------------------------------
RICARDO VASQUEZ, individually and on behalf of all similarly
situated persons v. FITNESS EQUIPMENT SERVICES, LLC d/b/a Sole
Fitness, a Utah limited liability company, Case No. 5:24-cv-01007
(C.D. Cal., May 14, 2024) is a class action lawsuit brought to
address Defendant's misleading and unlawful pricing, sales, and
discounting practices on its website www.soletreadmills.com for
Sole Fitness-branded exercise equipment.
According to the complaint, the Defendant advertises fake and
inflated comparison reference prices to deceive customers into a
false belief that the sale price is a deeply discounted bargain
price. Additionally, the Defendant's MSRP is entirely bogus -- it
is an inflated sum at which the Defendant rarely, if ever, offers
or sells the products on the website. Yet the Defendant's use of
inflated reference prices, strikethrough pricing and discounting,
and purported limited time sales all lead reasonable consumers to
believe that the products in fact had been listed for sale or sold
on the website at the reference price, in the recent past, for a
substantial period of time, the suit alleges.
Beyond that, the Defendant's products sold on the website not only
have a market value lower than the promised regular price or MSRP,
but the market value of the products is also lower than the "sale"
price, the suit adds.
By using false reference pricing and false MSRPs, the Defendant
artificially drives up demand for the products, and by extension
drives up the price of the products. As a result, consumers
received a product worth less than the price paid. As a result,
consumers are deceived into spending money they otherwise would not
have spent, purchasing items they would not have purchased, and
spending more money for an item than they otherwise would have
absent deceptive marketing, the suit asserts.
In early January 2023, the Plaintiff visited the website and
purchased a Sole Fitness F63 treadmill. Based on and consistent
with archived copies of the website, the Plaintiff saw on the
listing page a strikethrough "MSRP" of $1,799.99 and an adjacent
"Sale Price" of $1,199.99.
Fitness develops, markets, and sells fitness equipment for
residential use, including treadmills, ellipticals, bikes and
rowers.[BN]
The Plaintiff is represented by:
Alexander E. Wolf, Esq.
MILBERG COLEMAN BRYSON PHILLIPS
GROSSMAN, PLLC
280 South Beverly Drive, Penthouse
Beverly Hills, CA 90212
Telephone: (872) 365-7060
E-mail: awolf@milberg.com
GAMMA REALTY: Tercuman Sues Over Unpaid Wages, Discrimination
-------------------------------------------------------------
AHMET TERCUMAN, on behalf of himself, FLSA Collective Plaintiffs
and the Class, Plaintiff v. GAMMA REALTY LLC, CASOL REALTY LLC, NEW
YORK HEIGHTS LLC, GAMMA BEDFORD LLC, URI POSNER, and DILEK
ALBARDAK, Defendants, Case No. 1:24-cv-03430 (E.D.N.Y., May 9,
2024) is a class action against the Defendants for alleged unlawful
labor practices in violation of the Fair Labor Standards Act, the
New York Labor Law, the New York State Human Rights Law, and the
New York City Human Rights Law.
The Plaintiff alleges that he is entitled to recover from
Defendants: (1) unpaid overtime wages due to a fixed salary; (2)
unpaid wages, including overtime, due to timeshaving; (3)
compensation for late payment of wages; (4) statutory penalties;
(5) liquidated damages and (6) attorneys' fees and costs.
He further asserts that Defendants unlawfully discriminated and
retaliated against him due to his (i) disability and (ii)
predisposed genetic characteristics, and he is also entitled to
recover from Defendants: (1) back wages; (2) compensatory and
punitive damages; and (3) attorneys' fees and costs.
The Plaintiff was hired by the Defendants to work as a handyman for
two of their apartment buildings from May 18, 2022 to June 2,
2023.
Gamma Realty LLC is a licensed real estate service provider.[BN]
The Plaintiff is represented by:
C.K. Lee, Esq.
Anne Seelig, Esq.
LEE LITIGATION GROUP, PLLC
148 West 24th Street, Eighth Floor
New York, NY 10011
Telephone: (212) 465-1188
Facsimile: (212) 465-1181
GARNET HILL: Riley Sues Over Website's Access Barriers
------------------------------------------------------
AMANIE RILEY, on behalf of herself and all others similarly
situated, Plaintiff v. Garnet Hill, Inc., Defendant, Case No.
1:24-cv-03666 (S.D.N.Y., May 13, 2024) accuses the Defendant of
violating the Americans with Disabilities Act, the New York State
Human Rights Law, the New York State Civil Rights Law, and the New
York City Human Rights Law.
The Plaintiff brings this civil rights action against Garnet Hill
for their failure to design, construct, maintain, and operate its
website, garnethill.com, to be fully accessible to and
independently usable by Plaintiff and other blind or
visually-impaired persons. The Plaintiff alleges that blind persons
have been and are being denied full and equal access to
independently browse, select and shop on its Website because it
failed to remove access barriers.
Headquartered in Franconia, NH, Garnet Hill, Inc. owns and operates
the Website, Garnethill.com, which sells a variety of products,
including women's clothing, bedding and home decor. [BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
MARS KHAIMOV LAW, PLLC
100 Duffy Ave., Suite 510
Hicksville, NY 11801
Telephone: (929) 324-0717
Facsimile: (929) 333-7774
E-mail: mars@khaimovlaw.com
GENERAL MOTORS: Kerr et al. Sue Over Concealed Fuel Pump Defect
---------------------------------------------------------------
GREG AND TWILA KERR, and ROBERT KNOWLES, individually and on behalf
of all others similarly situated, Plaintiffs v. GENERAL MOTORS LLC,
Defendant, Case No. 1:24-cv-00582-UNA (D. Del., May 15, 2024)
arises from Defendant's misrepresentation of materials facts, and
the failure to disclose material facts and safety concerns to
consumers in connection with its defective 2020-2024 Chevrolet
Equinox or GMC Terrain vehicles.
The Class Vehicles are equipped with fuel pumps and/or fuel pump
power control modules that exhibit defects in design,
manufacturing, and/or workmanship which cause these components to
prematurely fail or operate intermittently. Moreover, Plaintiffs'
claims arise out of General Motor's fraudulent concealment of the
Class Vehicles' Defect and the problems it causes, and its
representations about the quality, durability, and performance of
the Class Vehicles, including their Engines, says the suit.
Headquartered in Detroit, MI, General Motors LLC is an automotive
manufacturing company. [BN]
The Plaintiffs are represented by:
Russell D. Paul, Esq.
BERGER MONTAGUE PC
800 N. West Street, Suite 200
Wilmington, DE 19801
Telephone: (302) 691-9545
E-mail: rpaul@bm.net
- and -
Abigail Gertner, Esq.
Amey J. Park, Esq.
Natalie Lesser, Esq.
BERGER MONTAGUE PC
1818 Market Street, Suite 3600
Philadelphia, PA 19103
Telephone: (215) 875-3000
Facsimile: (215) 875-4604
E-mail: agertner@bm.net
apark@bm.net
nlesser@bm.net
- and -
Tarek H. Zohdy, Esq.
Cody R. Padgett, Esq.
Laura E. Goolsby, Esq.
Nate N. Kiyam, Esq.
CAPSTONE LAW APC
1875 Century Park East, Suite 1000
Los Angeles, CA 90067
Telephone: (310) 556-4811
Facsimile: (310) 943-0396
E-mail: Tarek.Zohdy@capstonelawyers.com
Cody.Padgett@capstonelawyers.com
Laura.Goolsby@capstonelawyers.com
Nate.Kiyam@capstonelawyers.com
HEART TO HEART: Underpays Licensed Practical Nurses, Tucker Says
----------------------------------------------------------------
BRIAN TUCKER, individually and on behalf of all others similarly
situated, Plaintiff v. HEART TO HEART HOSPICE OF DETROIT, LLC,
HEART TO HEART HOSPICE OF EAST MICHIGAN, LLC, HEART TO HEART
HOSPICE OF FLINT, LLC, HEART TO HEART HOSPICE OF GRAND RAPIDS, LLC,
HEART TO HEART HOSPICE OF LANSING, LLC, HEART TO HEART HOSPICE OF
MID-MICHIGAN, LLC, and HEART TO HEART HOSPICE OF SOUTH GATE, LLC,
d/b/a HEART TO HEART HOSPICE, jointly and severally, Defendants,
Case No. 2:24-cv-11237-PDB-APP (E.D. Mich., May 9, 2024) seeks to
recover unpaid overtime compensation, liquidated damages,
attorney's fees, costs, and other relief as appropriate under the
Fair Labor Standards Act.
The Plaintiff worked for Defendants as an hourly licensed practical
nurse in Michigan (Monroe, Washtenaw, Lenaway, Wayne, Oakland, and
Macomb counties) from approximately June 2014 through January
2024.
Heart to Heart Hospice of Detroit, LLC provides medical care and
supportive services for patients at the end of life.[BN]
The Plaintiff is represented by:
Jesse L. Young, Esq.
SOMMERS SCHWARTZ, P.C.
141 E. Michigan Ave., Ste. 600
Kalamazoo, MI 49007
Telephone: (269) 250-7500
E-mail: jyoung@sommerspc.com
- and -
Jason J. Thompson, Esq.
Kathryn E. Milz, Esq.
SOMMERS SCHWARTZ, P.C.
One Town Square, 17th Floor
Southfield, MI 48076
Telephone: (248) 355-0300
E-mail: jthompson@sommerspc.com
kmilz@sommerspc.com
HOP ENERGY: WMP, SJL Appointed as Plaintiffs' Co-Lead Counsel
-------------------------------------------------------------
In the class action lawsuit captioned as RYAN MELVILLE, On behalf
of himself and all others similarly situated, v. HOP ENERGY, LLC,
Case No. 7:21-cv-10406-KMK-VR (S.D.N.Y.), the Hon. Judge Victoria
Reznik entered an order granting the Plaintiffs' motions to appoint
their counsel, Wittels McInturff Palikovic and Shub & Johns LLC, as
interim co-lead class counsel in Melville and Mullaney under Rule
23(g)(3) of the Federal Rules of Civil Procedure.
The Court presumes the parties' familiarity with the factual and
procedural background of the case.
Thus, based on the information presented by the parties, the Court
does not agree that Plaintiffs' counsel is conflicted from serving
as interim class co-counsel in both Mullaney and Melville.
But this Court emphasizes that Plaintiffs' counsel are being
appointed only as interim class co-counsel.
Hop is a full service energy company.
A copy of the Court's order dated May 17, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=skDm8c at no extra
charge.[CC]
HOT TOPIC: Demaio Sues Over Breaches of FTSA's Caller ID Rules
--------------------------------------------------------------
DESIREE DEMAIO, individually and on behalf of all others similarly
situated, Plaintiff v. HOT TOPIC, INC., Defendant, Case No.
CACE-24-006673 (Fla. Cir., 17th Judicial, Broward Cty., May 13,
2024) seeks for injunctive and declaratory relief, and damages for
violations of the Caller ID Rules of the Florida Telephone
Solicitation Act.
Allegedly, the Defendant made text message sales calls that
promoted BoxLunch and violated the Caller ID rules when it
transmitted to the recipients' caller identification services a
telephone number that was not capable of receiving telephone calls,
says the suit.
Hot Topic, Inc. owns and operates BoxLunch, a gift and novelty
retail store that also sells its products online. [BN]
The Plaintiff is represented by:
Joshua A. Glickman, Esq.
Shawn A. Heller,Esq.
SOCIAL JUSTICE LAW COLLECTIVE, PL
974 Howard Ave.
Dunedin, FL 34698
Telephone: (202) 709-5744
Facsimile: (866) 893-0416
E-mail: josh@sjlawcollective.com
shawn@sjlawcollective.com
INTEL CORP: 9th Cir. Affirms Dismissal of Consolidated Suit
-----------------------------------------------------------
Intel Corporation disclosed in its Form 10-Q report for the
quarterly period ended March 30, 2024, filed with the Securities
and Exchange Commission on April 26, 2024, that in March 2023, the
court granted the defendants' motion to dismiss a consolidated
complaint and in April 2023 entered judgment with regards to
multiple securities class action lawsuits filed in the US District
Court for the Northern District of California against the company
and certain officers following the company's July 2020 announcement
of 7nm processors product delays. Plaintiffs have appealed said
decision and on April 19, 2024, the Ninth Circuit affirmed the
judgement.
The court consolidated the lawsuits and appointed lead plaintiffs
in October 2020, and in January 2021 plaintiffs filed a
consolidated complaint. Plaintiffs purport to represent all persons
who purchased or otherwise acquired the company's common stock from
October 25, 2019 through October 23, 2020, and they generally
allege that defendants violated the federal securities laws by
making false or misleading statements about the timeline for 7nm
products.
Given the procedural posture and the nature of the case, including
that it is in the early stages, that alleged damages have not been
specified, that uncertainty exists as to the likelihood of a class
being certified or the ultimate size of any class if certified, and
that there are significant factual and legal issues to be resolved,
the company are unable to make a reasonable estimate of the
potential loss or range of losses, if any, that might arise from
the matter.
Intel Corporation is a semiconductor company based in Santa Clara,
California. In July 2021, the company introduced a new process node
naming structure, and the 7nm process is now called Intel 4.
INTEL CORP: Faces Multiple Actions Over Data Breach Incidents
-------------------------------------------------------------
Intel Corporation disclosed in its Form 10-Q report for the
quarterly period ended March 30, 2024, filed with the Securities
and Exchange Commission on April 26, 2024, that as of April 24,
2024, consumer class action lawsuits against the company were
pending in the US, Canada, and Argentina.
The plaintiffs, who purport to represent various classes of
purchasers of the company products, generally claim to have been
harmed by our actions and/or omissions in connection with
"Spectre," "Meltdown," and other variants of this class of security
vulnerabilities that have been identified since 2018, and assert a
variety of common law and statutory claims seeking monetary damages
and equitable relief.
In the US, class action suits filed in various jurisdictions were
consolidated for all pretrial proceedings in the US District Court
for the District of Oregon, which entered final judgment in favor
of Intel in July 2022 based on plaintiffs’ failure to plead a
viable claim. Plaintiffs appealed, and in November 2023 the Ninth
Circuit Court of Appeals affirmed the district court’s judgment.
In Canada, an initial status conference has not yet been scheduled
in one case relating to Spectre and Meltdown pending in the
Superior Court of Justice of Ontario, and a stay of a second case
pending in the Superior Court of Justice of Quebec is in effect.
In Argentina, Intel Argentina was served with, and responded to, a
class action complaint relating to Spectre and Meltdown in June
2022. The Argentinian court dismissed plaintiffs' claims for lack
of standing in May 2023, and plaintiffs have appealed. Appeal was
denied in February 2024, ending the lawsuit.
In November 2023, new plaintiffs filed a consumer class action
complaint in the US District Court for the Northern District of
California with respect to a further vulnerability variant
disclosed in August 2023 and commonly referred to as "Downfall."
The company moved to dismiss that complaint in January 2024.
Intel is a semiconductor company based in Sta. Clara, California.
IRHYTHM TECHNOLOGIES: Continues to Defend Exchange Act-Related Suit
-------------------------------------------------------------------
iRhythm Technologies Inc. disclosed in its Form 10-Q Report for the
quarterly period ending March 31, 2024 filed with the Securities
and Exchange Commission on May 2, 2024, that the Company continues
to defend itself from the Exchange Act-related suit in the Northern
District of California.
On February 1, 2021, a putative class action lawsuit was filed in
the United States District Court for the Northern District of
California (the "Court") alleging that the Company and its former
Chief Executive Officer, Kevin M. King, violated Sections 10(b) and
20(a) of the Exchange Act and SEC Rule 10b-5 promulgated
thereunder.
On August 2, 2021, the lead plaintiff filed an amended complaint,
and filed a further amended complaint on September 24, 2021.
The amended complaint names as defendants, in addition to the
Company and Mr. King, its former Chief Executive Officer, Michael
J. Coyle, and former Chief Financial Officer and former Chief
Operating Officer, Douglas J. Devine.
The purported class in the amended complaint includes all persons
who purchased or acquired the Company's common stock between August
4, 2020 and July 13, 2021, and seeks unspecified damages
purportedly sustained by the class.
On October 27, 2021, the Company filed a motion to dismiss, which
the Court granted on March 31, 2022, entering judgment in favor of
the Company and the other defendants.
On April 29, 2022, the original named plaintiff appealed to the
Ninth Circuit Court of Appeals.
On October 11, 2023, after briefing by the parties and oral
argument, the Ninth Circuit dismissed the appeal for lack of
jurisdiction.
The appellant filed a petition for rehearing en banc, which was
denied on December 6, 2023.
The Company believes the above securities class action lawsuit to
be without merit and plans to continue to defend itself
vigorously.
iRhythm Technologies Inc. is a digital healthcare company into the
design, development, and commercialization of device-based
technology to provide ambulatory cardiac monitoring services.
IRHYTHM TECHNOLOGIES: Continues to Defend Securities Class Suit
---------------------------------------------------------------
iRhythm Technologies Inc. disclosed in its Form 10-Q Report for the
quarterly period ending March 31, 2024 filed with the Securities
and Exchange Commission on May 2, 2024, that the Company continues
to defend itself from a securities class suit.
On February 6, 2024, a putative class action lawsuit was filed in
the Court alleging that the Company's current Chief Executive
Officer, Quentin Blackford, the Company's current Chief Financial
Officer, Brice Bobzien, and Mr. Devine violated Sections 10(b) and
20(a) of the Exchange Act and SEC Rule 10b-5 promulgated
thereunder, and seeks unspecified damages purportedly sustained by
the class.
The Company believes the above securities class action lawsuits to
be without merit and plans to continue to defend itself
vigorously.
iRhythm Technologies Inc. is a digital healthcare company into the
design, development, and commercialization of device-based
technology to provide ambulatory cardiac monitoring services.
JAMES VELISSARIS: Seeks More Time to File Class Cert Bid Response
-----------------------------------------------------------------
In the class action lawsuit captioned as TERRY DAY, individually
and on behalf of similarly situated persons, v. JAMES VELISSARIS,
Case No. 1:22-cv-04987-TWT (N.D. Ga.), the Defendant asks the Court
to enter an order extending the time for him to respond to the
Plaintiff's motion for conditional certification to June 10, 2024.
Counsel for Defendant is reviewing the Motion, and is working to
contact Defendant to get his views on the relief sought. However,
the Defendant is presently incarcerated at FCI Jesup in Jesup,
Georgia, and contacting the Defendant presents a challenge that,
due to no fault of the Defendant, often takes several days for a
response. This challenge is exacerbated as the Defendant's prison
counselor (the individual who typically schedules attorney-client
calls) recently retired, and the Defendant very recently obtained a
new counselor.
Additionally, the schedule (both work and travel plans) for counsel
for the Defendant who will be taking the lead on responding to the
Motion would make it difficult to respond by the current deadline.
The proposed extension, if granted, will not affect any other
deadlines, and will not unduly delay this action.
A copy of the Defendant's motion dated May 17, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=jWkvBk at no extra
charge.[CC]
The Defendant is represented by:
W. Hunter Winstead, Esq.
Michael B. Rush, Esq.
Brandon A. Levey, Esq.
GILBERT LLP
700 Pennsylvania Avenue, SE, Suite 400
Washington, DC 20003
Telephone: (202) 772-2200
Facsimile: (202) 772-3333
E-mail: winsteadh@gilbertlegal.com
rushm@gilbertlegal.com
leveyb@gilbertlegal.com
- and -
Halsey G. Knapp, Jr., Esq.
KREVOLIN & HORST, LLC
One Atlantic Center
1201 West Peachtree Street, NW, Suite 3250
Atlanta, GA 30309
Telephone: (404) 888-9700
Facsimile: (404) 888-9577
E-mail: hknapp@khlawfirm.com
JANUS HENDERSON GROUP: Continues to Defend Schissler Class Suit
---------------------------------------------------------------
Janus Henderson Group PLC disclosed in its Form 10-Q Report for the
quarterly period ending March 31, 2024 filed with the Securities
and Exchange Commission on May 2, 2024, that the Company continues
to defend itself from the Schissler class suit in the United States
District Court for the District of Colorado.
On September 9, 2022, a class action complaint, captioned Schissler
v. Janus Henderson US (Holdings) Inc., et al., was filed in the
United States District Court for the District of Colorado. Named as
defendants are Janus Henderson US (Holdings) Inc. ("Janus US
Holdings") and the Advisory Committee to the Janus 401(k) and
Employee Stock Ownership Plan (the "Plan").
The complaint purports to be brought on behalf of a class
consisting of participants and beneficiaries of the Plan that
invested in Janus Henderson funds on or after September 9, 2016.
On January 10, 2023, in response to the defendants' motion to
dismiss filed on November 23, 2022, an amended complaint was filed
against the same defendants.
The amended complaint names two additional plaintiffs, Karly Sissel
and Derrick Hittson.
As amended, the complaint alleges that for the period September 9,
2016, through September 9, 2022, among other things, the defendants
breached fiduciary duties of loyalty and prudence by (i) selecting
higher-cost Janus Henderson funds over less expensive investment
options; (ii) retaining Janus Henderson funds despite their alleged
underperformance; and (iii) failing to consider actively managed
funds outside of Janus Henderson to add as investment options.
The amended complaint also alleges that Janus US Holdings failed to
monitor the Advisory Committee with respect to the foregoing.
The amended complaint seeks various declaratory, equitable and
monetary relief in unspecified amounts.
On February 9, 2023, the defendants filed an amended motion to
dismiss the amended complaint.
On March 13, 2023, the plaintiffs filed an opposition to the
amended motion to dismiss.
The defendants filed their reply to the plaintiffs' opposition on
March 28, 2023.
On September 7, 2023, a magistrate judge issued a report and
recommendation, which recommended that the motion to dismiss be
granted in part and denied in part.
On September 21, 2023, the parties filed objections to the report
and recommendation.
Briefing on the parties' objections concluded on October 12, 2023.
On January 22, 2024, the district court judge adopted the
magistrate judge's report and recommendation and entered an order
granting in part and denying in part Janus US Holdings' motion to
dismiss.
Janus US Holdings believes that it has substantial defenses and
intends to vigorously defend against these claims.
Janus Henderson Group PLC is a global asset manager and manages a
range of investment products, operating across various product
lines, distribution channels and geographic regions.
JAZZ PHARMACEUTICALS: MSP Recovery Class Suit Trial Date Not Set
----------------------------------------------------------------
Jazz Pharmaceuticals Public Ltd. Co. disclosed in its Form 10-Q
Report for the quarterly period ending March 31, 2024 filed with
the Securities and Exchange Commission on May 2, 2024, that the
United States District Court for the Northern District of
California has not set trial date for MSP Recovery Claims class
suit.
On April 3, 2023, MSP Recovery Claims, Series LLC, or MSP, filed a
class action lawsuit on behalf itself and others similarly situated
against Jazz Pharmaceuticals plc, Jazz Pharmaceuticals, Inc., and
Jazz Pharmaceuticals Ireland Limited, (collectively, the Company
Defendants), Express Scripts, Inc., Express Scripts Holding
Company, Express Scripts Specialty Distribution Services, Inc.,
Curascript, Inc. d/b/a Curascript, S.D., Priority Healthcare
Distribution, Inc. d/b/a Curascript SD and Curascript Specialty
Distribution SD, Caring Voice Coalition, and Adira Foundation
(collectively with the Company Defendants, referred to as the
Defendants) in the United States District Court for the Northern
District of California.
The MSP complaint alleges that the Defendants conspired to increase
the price and quantity dispensed of Xyrem and Prialt, in violation
of the Racketeer Influenced and Corrupt Organizations Act and
several state laws.
The allegations relate generally to the conduct at issue in the
investigation conducted by the United States Department of Justice
from 2016-2019, involving the Company's contributions to certain
charitable foundations.
MSP seeks monetary damages, restitution, disgorgement, and a
declaration that the conduct alleged is unlawful.
On July 25, 2023, the Company and certain other defendants filed
motions to dismiss MSP's complaint, which the Court granted on
December 12, 2023.
On January 5, 2024, the MSP filed an amended complaint.
On February 20, 2024, it filed a motion to dismiss MSP’s amended
complaint.
The Court scheduled a hearing on the motion for June 13, 2024.
No trial date has been set for this matter.
Jazz Pharmaceuticals plc is a global biopharmaceutical company
based in Ireland
JOHN WETZEL: Court to Dismiss Kenneth Complaint w/o Prejudice
-------------------------------------------------------------
In the class action lawsuit captioned as BOBBY KENNETH, WILLIAMSON,
et al., v. JOHN E. WETZEL, et al., Case No. 1:23-cv-01781-CCC-LT
(M.D. Pa.), the Hon. Judge Christopher Conner will dismiss the
complaint without prejudice pursuant to 28 U.S.C. section
1915(e)(2) and 28 U.S.C. section 1915A for failure to state a claim
upon which relief may be granted.
The Plaintiffs will be granted leave to amend.
Class certification is clearly inappropriate in this case. "It is
plain error to permit an imprisoned litigant who is unassisted by
counsel to represent his fellow inmates in a class action," the
Court says.
The case is a prisoner civil rights case filed pursuant to 42
U.S.C. section 1983. The Plaintiffs, Bobby Kenneth Williamson and
Antonio Bundy,1 allege violations of the civil rights of themselves
and a putative class of other inmates at SCI-Huntingdon based on
purportedly unconstitutional conditions of confinement.
A copy of the Court's memorandum dated May 20, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=gAy2Pz at no extra
charge.[CC]
JOHN WETZEL: Williamson Class Cert. Bid Tossed
----------------------------------------------
In the class action lawsuit captioned as BOBBY KENNETH WILLIAMSON,
et al., v. JOHN E. WETZEL, et al., Case No. 1:23-cv-01781-CCC-LT
(M.D. Pa.), the Hon. Judge Christopher Conner entered an order
that:
1. Plaintiffs' request for class certification is denied.
2. Plaintiffs' complaint is dismissed without prejudice.
3. Plaintiffs may file an amended complaint on or before June
20,
2024 to cure the deficiencies identified in the court's
memorandum opinion.
A copy of the Court's order dated May 20, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=CWZ6hu at no extra
charge.[CC]
KISCO SENIOR: Cox Sues Over Alleged Private Data Breach
-------------------------------------------------------
RONALD COX, on behalf of himself and all others similarly situated,
Plaintiff v. KISCO SENIOR LIVING, LLC, Defendant, Case No.
3:24-cv-00844-AJB-MMP (S.D. Cal., May 13, 2024) arises from
Defendant's failure to properly secure and safeguard sensitive
information of its employees and asserts claims for negligence,
breach of implied contract, unjust enrichment, and for violations
of the California Unfair Competition Law.
On or about April 17, 2024, the Defendant began sending Plaintiff
and other data breach victims a Notice of Data Security Incident
letter stating that a data set containing personal information was
impacted in a data breach on or about June 6, 2023. Accordingly,
the Plaintiff brings this class action lawsuit on behalf all those
similarly situated to address Defendant's inadequate safeguarding
of Class Members' personally identifiable information that it
collected and maintained, and for failing to provide timely and
adequate notice to Plaintiff and other Class Members that their
information had been subject to the unauthorized access by an
unknown third party and precisely what specific type of information
was accessed.
Headquartered in Carlsbad, CA, Kisco Senior Living, LLC owns and
operates 22 senior living communities in six states. [BN]
The Plaintiff is represented by:
John J. Nelson, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
402 W. Broadway, Suite 1760
San Diego, CA 92101
Telephone: (858) 209-6941
E-mail: jnelson@milberg.com
KNIGHT-SWIFT TRANSPORTATION: June 25 Class Cert Oral Argument Set
-----------------------------------------------------------------
In the class action lawsuit captioned as Hobbs, et al., v.
Knight-Swift Transportation Holdings, Inc., et ano., Case No.
1:21-cv-01421-JLR-SDA (S.D.N.Y.), the Hon. Judge Stewart Aaron
entered an order directing holding an oral argument on Plaintiffs'
renewed motion for class certification on June 25, 2024.
A copy of the Court's order dated May 20, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=LIayjz at no extra
charge.[CC]
The Plaintiffs are represented by:
Nathan B. Piller, Esq.
SCHNEIDER WALLACE COTTRELL KONECKY LLP
2000 Powell Street, Suite 1400
Emeryville, CA 94605
Telephone: (415) 421-7100
Facsimile: (415) 421-7105
KRYSTAL RESTAURANTS: Hines Seeks to Certify FLSA Collective Action
------------------------------------------------------------------
In the class action lawsuit captioned as CAROLYN HINES,
individually, and on behalf of herself and others similarly
situated current and former employees, v. KRYSTAL RESTAURANTS, LLC,
Case No. 1:23-cv-00012-CLC-CHS (E.D. Tenn.), the Plaintiff asks the
Court to enter an order:
(1) authorizing this case to proceed as a FLSA collective action
for overtime violations on behalf of similarly situated
hourly-
paid shift leaders;
(2) directing the Defendant to immediately provide the
Plaintiff's
counsel a computer-readable file containing the names (last
names first), last known physical addresses, last known
email
addresses, social security numbers, dates of employment, and
last known telephone numbers of all putative class members;
(3) providing that the Court-approved notice be posted at all of
the Defendant's locations where putative class members work,
as
well as be mailed and emailed to the putative class;
(4) tolling the statute of limitations for the putative class as
of
the date this is fully briefed; and
(5) requiring that the opt-in plaintiffs' Consent to Join Forms
be
deemed "filed" on the date they are postmarked.
For a district court to facilitate notice of an FLSA collective
action to other employees, the Plaintiff must show a "strong
likelihood" that those employees are similarly situated to the
plaintiff
herself.
The Plaintiff has done so in the accompanying Memorandum. The Court
should, therefore, grant this Motion.
Krystal is an American regional fast food restaurant chain.
A copy of the Plaintiff's motion dated May 17, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=o0uLrJ at no extra
charge.[CC]
The Plaintiff is represented by:
Gordon E. Jackson, Esq.
J. Russ Bryant, Esq.
JACKSON, SHIELDS, YEISER, HOLT
OWEN & BRYANT
262 German Oak Drive
Memphis, TN 38018
Telephone: (901) 754-8001
Facsimile: (901) 754-8524
E-mail: gjackson@jsyc.com
rbryant@jsyc.com
LANTRONIX INC: Faces Neilsen Class Suit in C.D. Cal.
----------------------------------------------------
Lantronix Inc. disclosed in its Form 10-Q Report for the quarterly
period ending March 31, 2024 filed with the Securities and Exchange
Commission on May 2, 2024, that the Company faces the Neilsen class
suit in the United States District Court for the Central District
of California.
On February 23, 2024, a purported class action, brought on behalf
of a putative class who purchased or otherwise acquired shares of
Lantronix between May 11, 2023 and February 8, 2024, was filed in
the United States District Court for the Central District of
California against the Company, its former chief executive officer,
and its chief financial officer.
The action, styled Neilsen v. Lantronix, Inc., asserts securities
fraud claims under Sections 10(b) and 20(a) of the Securities
Exchange Act of 1934, as amended (the "Exchange Act"), in
connection with statements made in the Company's annual report,
quarterly reports and earnings releases during the period of May
11, 2023 through February 8, 2024.
The court is in the process of appointing a Lead Plaintiff and Lead
Counsel.
Headquartered in Irvine, CA, Lantronix is a global industrial and
enterprise IoT provider of solutions that purportedly target high
growth applications in specific verticals such as smart grids,
intelligent transportation, smart cities, and artificial
intelligence data centers. [BN]
LIPSTICK CABARET: Kemmerlin Sues Over Worker Misclassification
--------------------------------------------------------------
SAMANTHA KEMMERLIN, individually and on behalf of similarly
situated persons, Plaintiff v. LIPSTICK CABARET, INC., Defendant,
Case No. 4:24-cv-00231-CDL (W.D. Okla., May 15, 2024) accuses the
Defendant of violating the minimum wage and overtime provisions of
the Fair Labor Standards Act.
According to the complaint, the Defendant employed Plaintiff as a
dancer from January 2019 until November of 2023. However, Defendant
classified Plaintiff other dancers as independent contractors. As a
result, the Defendant failed to pay Plaintiff and other similarly
situated employees at the proper overtime rate for all hours worked
in excess of 40 hours in a week, says the suit.
Defendant owns and operates an adult entertainment club that does
business as Lipstick Cabaret, Inc.
The Plaintiff is represented by:
Colby Qualls, Esq.
FORESTER HAYNIE PLLC
400 N. St. Paul Street, Suite 700
Dallas, TX 75201
Telephone: (214) 210-2100
E-mail: cqualls@foresterhaynie.com
LITIGATION PRACTICE: Pending Ruling on Class Cert. Bid Cancelled
----------------------------------------------------------------
In the class action lawsuit captioned as Beech v. Litigation
Practice Group, PC, Case No. 1:22-cv-00057 (S.D. Miss., Filed March
17, 2022), the Hon. Judge Halil S. Ozerden entered an order
cancelling pending ruling on the motion to certify class.
-- The Court will reschedule a Settlement Conference at a later
time,
if necessary.
The nature of suit states Other Statutory Actions.
Litigation is a firm that specialized in debt relief, bankruptcy,
and litigation manners.[CC]
LOGITECH INC: Faces Liz Suit Over Blind-Inaccessible Website
------------------------------------------------------------
PEDRO LIZ, on behalf of himself and all others similarly situated,
Plaintiff v. Logitech, Inc., Defendant, Case No. 1:24-cv-03737
(S.D.N.Y., May 15, 2024) accuses the Defendant of violating
Plaintiff's rights under the Americans with Disabilities Act, the
New York State Human Rights Law, and the New York City Human Rights
Law.
The inaccessibility of Defendant's website has deterred Plaintiff
from making an online purchase of a Bluetooth speaker. Accordingly,
the Plaintiff brings this civil rights action against Logitech 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.
Based in San Jose, CA, Logitech, Inc. provides public a website
known as Us.ultimateears.com which provides consumers with access
to an array of goods and services, including, the ability to view
high-quality audio products, such as portable Bluetooth speakers,
wireless earbuds and other accessories. [BN]
The Plaintiff is represented by:
Gabriel A. Levy, Esq.
GABRIEL A. LEVY,P.C.
1129 Northern Blvd., Suite 404
Manhasset, NY 11030
Telephone: (347) 941-4715
E-mail: Glevyfirm@gmail.com
LOS ANGELES, CA: Cook Suit Seeks to Certify Damage Class
--------------------------------------------------------
In the class action lawsuit captioned as BREONNAH FITZPATRICK, and
CHRISTOPHER OFFICER, individuals and as class representatives, v.
CITY OF LOS ANGELES, et al., Case No. 2:21-cv-06841-JGB-SP (C.D.
Cal.), the Plaintiffs, on June 17, 2024, will move the Court for an
order to certify this case as a class action pursuant to F.R.Civ.P.
23(b)(3), certifying a damage class defined as follows:
"owners of vehicles defendants impounded pursuant to
defendants'
implementation and enforcement of Cal. Veh. Code section
22651(i)."
The proposed Class Representatives are Plaintiffs Breonnah
Fitzpatrick and Christopher Officer Reyes.
The Plaintiffs contend that a City of Los Angeles/City of Los
Angeles Department of Transportation ("LADOT") custom, policy and
practice of seizing and impounding vehicles pursuant to Cal. Veh.
Code section 22651(i) without warrants or any judicial review so as
to coerce the
Vehicles' registered owners to pay allegedly overdue parking fines,
violates constitutional guarantees.
Los Angeles is a sprawling Southern California city and the center
of the nation’s film and television industry.
A copy of the Plaintiff's motion dated May 20, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=DpnTVr at no extra
charge.[CC]
The Plaintiffs are represented by:
Donald W. Cook, Esq.
ATTORNEY AT LAW
3435 Wilshire Blvd., Suite 2910
Los Angeles, CA 90010
Telephone: (213) 252-9444
Facsimile: (213) 252-0091
E-mail: manncooklaw@gmail.com
LUNA INNOVATIONS: Misleads Investors, Thompson Suit Alleges
-----------------------------------------------------------
LEE MICHAEL THOMPSON, Individually and on behalf of all others
similarly situated, Plaintiff v. LUNA INNOVATIONS INCORPORATED,
SCOTT A. GRAEFF, EUGENE J. NESTRO, and GEORGE GOMEZ-QUINTERO,
Defendants, Case No. 2:24-cv-04068 (C.D. Cal., May 15, 2024) seeks
to recover compensable damages caused by Defendants' violations of
the federal securities laws under the Securities Exchange Act of
1934.
The Plaintiff brings this class action on behalf of persons or
entities who purchased or otherwise acquired publicly traded Luna
Innovations securities between May 16, 2022 and April 19, 2024,
inclusive. The Plaintiff alleges that Defendants failed to disclose
that, among others, Luna's 1Q-3Q22,FY22, and 1Q-3Q23 Reports
contained unearned revenues that should not have been recognized.
Moreover, the Defendants' statements about its business,
operations, and prospects, were materially false and misleading
and/or lacked a reasonable basis throughout the class period.
Headquartered in Roanoke, VA, Luna Innovations is a technology
company that is focused on fiber optics. It creates products
targeted towards the aerospace, automotive, and communications
industries, among others. Its common stock trades on the NASDAQ
exchange under the ticker symbol "LUNA."[BN]
The Plaintiff is represented by:
Lucas E. Gilmore, Esq.
Reed Kathrein, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
715 Hearst Avenue, Suite 300
Berkeley, CA 94710
Telephone: (510) 725-3000
Facsimile: (510) 725-3001
E-mail: lucasg@hbsslaw.com
reed@hbsslaw.com
LUZERNE COUNTY, PA: Court to Narrow Claims in Balliet Suit
----------------------------------------------------------
In the class action lawsuit captioned as WILLIAM BALLIET,
Administrator of the Estate of Mary Ellen Balliet, v. LUZERNE
COUNTY, et al., Case No. 3:22-cv-02032-KM (M.D. Pa.), the Hon.
Judge Karoline Mehalchick will deny Wellpath Defendants' motion to
partially dismiss the complaint and will deny in part and grain in
part County Defendants' motion to dismiss the Complaint.
Count Three of the Complaint, Plaintiff's failure to intervene
claim against Non-Medical County Defendants, will be dismissed with
prejudice.
The majority Plaintiff's claims survive. Additionally, Plaintiff
has not requested leave to amend. Accordingly, the Court will not
grant leave to amend at this time and the case will proceed with
the instant Complaint.
The action was commenced by the filing of a complaint in the Court
of Common Pleas of Luzerne County on Dec. 5, 2022, by Mr. Balliet
as the Administrator of the Estate of Mary Ellen Balliet.
The action was removed to the United States District Court for the
Middle District of Pennsylvania on Dec. 21, 2022. The Complaint
alleges violations of the Eighth and Fourteenth Amendment pursuant
42 U.S.C. section 1983 and state law negligence.
On Aug. 11, 2020, Ms. Balliet was picked up by City of Pittston law
enforcement officials pursuant outstanding capias warrants. Ms.
Balliet was brought to Luzerne County Correctional Facility
("LCCF").
(Doc. 1-1, ¶ 22). During her intake, Ms. Balliet had trouble
walking and standing and it was confirmed that she was under the
influence of drugs.
Ms. Balliet was not moved again until the next morning, Aug. 12,
2020, after almost twenty-two hours had passed. At this time, she
was escorted to the infirmary. Ms. Balliet remained in this cell
from approximately 9:00 AM until her death around 2:00 PM.
Luzerne is a county in the Commonwealth of Pennsylvania.
A copy of the Court's memorandum dated May 20, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=QHrav0 at no extra
charge.[CC]
MATCO TOOLS: Status Hearing in Munger Class Suit Set for Sept. 13
-----------------------------------------------------------------
In the class action lawsuit captioned as ANDREW MUNGER, on behalf
of himself and all others similarly situated, v. MATCO TOOLS
CORPORATION, Case No. 5:23-cv-00337-DAR (N.D. Ohio), the Hon. Judge
David Ruiz entered a case management order as follows:
-- Deadline for filing motions to amend April 26, 2024
pleadings/add parties:
-- Date of status hearings: Sept. 13, 2024
Matco is an American professional tool distribution franchise for
the automotive and other industries.
A copy of the Court's order dated May 17, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=UvfTZ7 at no extra
charge.[CC]
MCMENAMINS INC: Court Dismisses Kirby Suit
-------------------------------------------
In the class action lawsuit captioned as ZANE J. KIRBY, OWEN
TERHORST, ERIN JARMON, REBECCA BRESHEARS, and CLOE PETRICCA,
individually and on behalf of all others similarly situated, v.
MCMENAMINS, INC., an Oregon Domestic Business Corporation, and DOES
1-10, inclusive, Case No. 3:22-cv-05168-BHS-MLP (W.D. Wash.), the
Hon. Judge Benjamin Settle entered an order granting the Parties
stipulation Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules
of Civil Procedure, as follows:
-- The instant action was removed to this Court from Lewis County
Superior Court by the Defendant on March 16, 2022;
-- The District Judge's Order Affirming the Magistrate Judge's
Report
and Recommendation to deny Plaintiffs' motion for class
certification in this matter was entered on April 12, 2024, and
accordingly, no class has been certified;
-- The Parties have reached a settlement as to the named
Plaintiffs
on an individual basis only (the "Settlement");
-- Pursuant to the terms of the Settlement, Plaintiffs now desire
to
dismiss this lawsuit with prejudice as to Plaintiffs' claims
and
without prejudice as to the claims of the putative class or
class
members without notice to the class;
-- The Parties agree that no party shall be deemed a prevailing
party
and no party shall be awarded fees or costs; and
-- The Parties request that the Court enter an order consistent
with
this stipulation.
Pursuant to Rule 41(a)(1)(A)(ii), all claims in this matter are
dismissed with prejudice as to each named Plaintiff and dismissed
without prejudice as to the putative class. Each party shall bear
its own costs and attorneys' fees.
McMenamins is a family-owned chain of brewpubs, breweries, music
venues, historic hotels, and theater pubs in Oregon and
Washington.
A copy of the Court's order dated May 17, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=1sNs64 at no extra
charge.[CC]
MDL 2944: EPPs Seeks Evidentiary Hearing on Class Certification Bid
-------------------------------------------------------------------
In the class action lawsuit RE ACTOS END PAYOR ANTITRUST
LITIGATION, Case No. 1:13-cv-09244-RA-SDA (MDL 2944) (S.D.N.Y.),
the End-Payor Plaintiffs (EPP) ask the Court to enter an order
granting an evidentiary hearing in relation to their pending motion
for class certification to allow for both oral argument and live
testimony from their expert, Ms. Laura Craft, MPH.
The actions in the MDL involve allegations that JPMorgan Chase
Bank, N.A., and JPMorgan Chase & Co. failed to properly process
applications for loans under the Paycheck Protection Program
("PPP"), a federal loan program established under the Coronavirus
Aid, Relief, and Economic Security Act ("CARES Act") to help small
businesses suffering economic damage from COVID-19 related
shutdowns.
A copy of the Plaintiffs' motion dated May 20, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=yUQH3m at no extra
charge.[CC]
The Plaintiffs are represented by:
Steve D. Shadowen, Esq.
Matthew C. Weiner, Esq.
Tina Miranda, Esq.
Deirdre Mulligan, Esq.
HILLIARD & SHADOWEN LLP
1135 W. 6th St., Suite 125
Austin, TX 78703
Telephone: (855) 344-3298
E-mail: steve@hilliardshadowenlaw.com
matt@hilliardshadowenlaw.com
tmiranda@hilliardshadowenlaw.com
dmulligan@hilliardshadowenlaw.com
- and -
Jayne A. Goldstein, Esq.
Natalie Finkelman Bennett, Esq.
Laurie Rubinow, Esq.
MILLER SHAH LLP
1625 N. Commerce Parkway, Suite 320
Ft. Lauderdale, FL 33326
Telephone: (954) 903-3170
E-mail: jagoldstein@millershah.com
nfinkelman@millershah.com
lrubinow@millershah.com
- and -
Kenneth A. Wexler, Esq.
Kara A. Elgersma, Esq.
Justin Boley, Esq.
Tyler Story, Esq.
WEXLER BOLEY & ELGERSMA LLP
55 W. Monroe Street, Suite 3300
Chicago, IL 60603
Telephone: (312) 346-2222
Facsimile: (312) 346-0022
E-mail: kaw@wbe-llp.com
kae@wbe-llp.com
jnb@wbe-llp.com
tjs@wbe-llp.com
- and -
Michael M. Buchman, Esq.
MOTLEY RICE LLC
777 Third Avenue, Fl 27
New York, NY 10017
Telephone: (212) 577-0040
E-mail: MBuchman@motleyrice.com
- and -
Sharon K. Robertson, Esq.
Donna M. Evans, Esq.
Aaron J. Marks, Esq.
COHEN MILSTEIN SELLERS & TOLL, PLLC
88 Pine Street, 14th Floor
New York, NY 10005
Telephone: (212) 838-7797
Facsimile: (212) 838-7745
E-mail: srobertson@cohenmilstein.com
devans@cohenmilstein.com
amarks@cohenmilstein.com
MDL 3048: Court Junks Uber's Bid to Transfer Case
-------------------------------------------------
In the class action lawsuit re: Uber Technologies, Inc., Passenger
Sexual Assault Litigation, Case No. 3:23-md-03084-CRB (N.D. Cal.),
the Hon. Judge Charles Breyer entered an order denying Uber's Terms
of Use Motion.
Accordingly, Uber's motion to transfer based on the Forum Selection
Clause is denied without prejudice to raising the issue at a later
time.
This motion asks a simple question, the answer to which will have a
profound impact on litigation throughout the United States: Can
parties to a contract nullify the judiciary's ability to manage
litigation currently pending in the federal courts? To be more
precise, do parties have the right to agree that some federal
lawsuits cannot be coordinated with other federal lawsuits,
notwithstanding a finding by a panel of federal judges that the
lawsuits share common issues of fact and that coordination would
result in the just and efficient conduct of the litigation? This
Court concludes that such an agreement cannot be enforced in light
of the Congressional mandate set forth in 28 U.S.C. § 1407, which
created the Judicial Panel on Multidistrict Litigation.
In an initial scheduling order, this Court directed Uber to file
“any pretrial motion raising arguments about its Terms of Use
Agreement(s) and their effect on Plaintiffs' ability to bring their
claims in a coordinated or consolidated proceeding” by February
9, 2024.
On Oct. 4, 2023, the JPML created MDL No. 3084, centralizing 22
actions in this Court for coordinated pretrial proceedings.
A copy of the Court's order dated May 20, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=7Kw9QT at no extra
charge.[CC]
MIAMI DADE COUNTY, FL: Must File Class Cert Response by June 11
---------------------------------------------------------------
In the class action lawsuit captioned as Rodriguez v. Miami Dade
County, Case No. 1:24-cv-20269 (S.D. Fla., Filed Jan. 23, 2024),
the Hon. Judge Jacqueline Becerra entered an order granting motion
for extension of time.
-- The Defendant shall file their response to the motion to
certify
class by no later than June 11, 2024.
The suit alleges violation of the Fair Labor Standards Act.[CC]
MOF-PRESERVATION: Class Cert Discovery Extended to August 30
------------------------------------------------------------
In the class action lawsuit captioned as MICHAEL DOBARD, et al., v.
MOF-PRESERVATION OF AFFORDABILITY CORP., et al., Case No.
2:23-cv-01433-BWA-DPC (E.D. La.), the Hon. Judge Barry Ashe entered
an order granting the parties' joint motion to extend deadlines.
The Court further entered an order that the deadlines in the
captioned matter are extended as follows:
-- The class certification deadline for written discovery is
extended
to Aug. 30, 2024.
-- The class certification deposition deadline is extended to
Sept.
15, 2024.
-- The Plaintiffs' expert disclosure deadline is extended to Nov.
15,
2024.
-- The Defendants' expert disclosure deadline is extended to Dec.
15,
2024.
-- The written discovery deadline is extended to Dec. 31, 2024.
-- The discovery deadline is extended to Jan. 31, 2025.
MOF owns and operates affordable multifamily units nationwide.
A copy of the Court's order dated May 17, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=XKV1ys at no extra
charge.[CC]
MPS GROUP: Fails to Pay Proper OT Wages, Lykins Claims
------------------------------------------------------
CHRIS LYKINS, individually and on behalf of all others similarly
situated, Plaintiff v. MPS GROUP, INC., Defendant, Case No.
1:24-cv-00277-MWM (S.D. Ohio, May 13, 2024) arises from Defendant's
willful refusal of paying proper overtime wages and alleges that
the Defendant violated the Fair Labor Standards Act and the Ohio
Prompt Pay Act.
Allegedly, the Defendant suffered and permitted Plaintiff and the
putative collective/class members to work more than 40 hours in a
week without paying them their full, legally mandated overtime. To
avoid paying the mandatory overtime, the Defendant would
automatically clock employees out for a daily lunch break
regardless of whether a break was taken, says the suit.
MPS Group, Inc. is a waste and byproduct management company based
in Ohio. [BN]
The Plaintiff is represented by:
Matthew S. Okiishi, Esq.
FINNEY LAW FIRM, LLC
4270 Ivy Pointe Boulevard, Suite 225
Cincinnati, OH 45245
Telephone: (513) 943-6659
Facsimile: (513) 943-6669
E-mail: matt@finneylawfirm.com
MRS BPO: Court Partly OK's Bid to Extend Time to File Class Cert
----------------------------------------------------------------
In the class action lawsuit captioned as CHRIS ALBANO, individually
and on behalf of all others similarly situated, v. MRS BPO, LLC,
Case No. 9:24-cv-80269-DMM (S.D. Fla.), the Hon. Judge Donald
Middlebrooks entered an order granting in part the Plaintiff's
unopposed motion for extension of time to file motion for class
certification.
The Plaintiff shall have until July 10, 2024, to move for class
certification. All other deadlines in the Pretrial Scheduling Order
(DE 11) shall remain the same.
The Plaintiff seeks an extension of the class certification
deadline within the Pretrial Scheduling Order, from May 30, 2024,
to Sept. 19, 2024. In support, Plaintiff cites that the scheduling
order only provided twenty-three days to conduct class discovery
and that he needs more time to receive the Defendant's discovery
responses and depose the Defendant's corporate representative. The
certificate of conferral indicates that the Defendant agrees to the
requested relief.
The Plaintiff filed this action on March 8, 2024, asserting a
putative class action claim against Defendant for violations of the
Fair Debt Collection Practices Act ("FDCPA") and Florida Consumer
Collection Practices Act ("FCCPA").
The Plaintiff seeks to certify a class on behalf of all persons
that the Defendant sent an electronic mail communication to between
9:00 PM and 8:00 AM in the connection with the collection of a
consumer debt.
MRS is a full service accounts receivable management (ARM) firm.
A copy of the Court's order dated May 20, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=8ODysq at no extra
charge.[CC]
MT. DIABLO: Suit Seeks to Certify Class of CPHS Female Students
---------------------------------------------------------------
In the class action lawsuit captioned as J.D. by and through her
next friend TIFFINY BARRACO; A.D. by and through her next friend
ANNA KUSSMAUL; A.R. by and through her next friend DANNY RODRIGUEZ;
and all others similarly situated, v. MT. DIABLO UNIFIED SCHOOL
DISTRICT, Case No. 3:24-cv-00908-JD (N.D. Cal.), the Plaintiffs
move thr Court for an order certifying the following class for
declaratory and injunctive relief under Rules 23(b)(1) and 23(b)(2)
of the Federal Rules of Civil Procedure:
"All present and future College Park High School ("CPHS")
female
students and potential students who participate, seek to
participate, and/or are or were deterred from participating
in
athletics at CPHS (the "Class")."
The Plaintiffs and Class members are present and future College
Park female students who are being discriminated against on the
basis of sex by Mt. Diablo Unified School District, in violation of
Title IX of the Education Amendments of 1972, 20 U.S.C. section
1681 et seq.
The Plaintiffs contend that certification as a class action is
appropriate because the Class, which consists of hundreds of
current and thousands of future and potential female athletes, is
so numerous that joinder of all members is impracticable.
The Plaintiffs also request that their counsel be appointed as
class counsel under Rule 23(g) of the Federal Rules of Civil
Procedure.
This Motion is brought pursuant to Rules 7(b) and 23(a), (b)(1),
and (b)(2) of the Federal Rules of Civil Procedure and Rules 7-1,
7-2, and 7-4 of the Local Rules for the U.S. District Court for the
Northern District of California.
Mt. Diablo Unified School District unlawfully discriminates against
female athletes at College Park High School ("CPHS").
The Defendant has discriminated, and continues to discriminate,
against Plaintiffs and the Class by failing to provide Class
members with equal athletic participation opportunities.
The Plaintiffs -- female athletes attending CPHS—seek class-wide
declaratory and injunctive relief on behalf of present and future
female CPHS students to remedy these unjust and illegal disparities
and unlawful conduct.
Mount Diablo is a public school district in Contra Costa County,
California.
A copy of the Plaintiffs' motion dated May 20, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=An1EpF at no extra
charge.[CC]
The Plaintiffs are represented by:
Elizabeth Kristen, Esq.
Nora Cassidy, Esq.
Sabina Crocette, Esq.
LEGAL AID AT WORK
180 Montgomery Street, Suite 600
San Francisco, CA 94104
Telephone: (415) 864-8848
E-mail: ekristen@legalaidatwork.org
ncassidy@legalaidatwork.org
scrocette@legalaidatwork.org
- and -
Aaron Kaufmann, Esq.
Elizabeth Gropman, Esq.
KAUFMANN & GROPMAN LLP
1939 Harrison Street, Suite 620
Oakland, CA 94612
Telephone: (510) 817-4380
E-mail: akaufmann@kgworklaw.com
egropman@kgworklaw.com
- and -
Diana Hughes Leiden, Esq.
Whitney Williams, Esq.
WINSTON & STRAWN LLP
333 South Grand Avenue, 38th Floor
Los Angeles, CA 90071
Telephone: (213) 615-1700
E-mail: dhleiden@winston.com
whwilliams@winston.com
- and -
Dana L. Cook-Milligan, Esq.
Eric Straka, Esq.
Jacqueline Ju, Esq.
WINSTON & STRAWN LLP
101 California Street, Suite 3500
San Francisco, CA 94111
Telephone: (415) 591-1000
E-mail: dlcook@winston.com
estraka@winston.com
jju@winston.com
- and -
Julianna Gesiotto, Esq.
CALIFORNIA WOMEN'S LAW CENTER
360 N. Pacific Coast Highway, Suite 2070
El Segundo, CA 90245
Telephone: (323) 951-1041
E-mail: julianna.gesiotto@cwlc.org
MULTIPLAN INC: Ivy Creek Sues Over Unlawful Reimbursement Rates
---------------------------------------------------------------
IVY CREEK OF TALLAPOOSA LLC d/b/a LAKE MARTIN COMMUNITY HOSPITAL,
and ELMORE COMMUNITY HOSPITAL RURAL HEALTH ASSOCIATION d/b/a ELMORE
COMMUNITY HOSPITAL, Plaintiffs v. MULTIPLAN, INC., Defendant,
1:24-cv-03900 (N.D. Ill., May 13, 2024) arises from MultiPlan's and
Insurer Co-Conspirators' conspiracy to constrain, fix, stabilize,
and artificially suppress reimbursement rates for out-of-network
healthcare services.
According to the complaint, in nearly every instance, the
Plaintiffs are offered reimbursement for these services at a tiny
fraction of the invoiced amount. In virtually every instance,
Plaintiffs are forced to accept these artificially suppressed
reimbursements. At the center of the said conspiracy is MultiPlan,
a firm that provides several tools powered by machine learning and
artificial intelligence that are utilized by the Insurer
Co-Conspirators to systematically "reprice" reimbursements made for
OON healthcare services rendered by health care providers.
Accordingly, the Plaintiffs assert claims for violations of Sherman
Act.
MultiPlan, Inc. is a healthcare cost management company
headquartered in New York, NY.[BN]
The Plaintiffs are represented by:
Joseph P. Guglielmo, Esq.
SCOTT+SCOTT ATTORNEYS AT LAW LLP
The Helmsley Building
230 Park Avenue, 17th Floor
New York, NY 10169
Telephone: (212) 223-6444
E-mail: jguglielmo@scott-scott.com
- and -
Patrick J. Coughlin, Esq.
Carmen Medici, Esq.
Jonathan Smallwood, Esq.
SCOTT+SCOTT ATTORNEYS AT LAW LLP
600 West Broadway, Suite 3300
San Diego, CA 92101
Telephone: (619) 798-5319
E-mail: pcoughlin@scott-scott.com
cmedici@scott-scott.com
jsmallwood@scott-scott.com
- and -
Patrick McGahan, Esq.
Michael Srodoski, Esq.
SCOTT+SCOTT ATTORNEYS AT LAW LLP
156 S. Main St.
Colchester, CT 06415
Telephone: (860) 531-2606
E-mail: pmcgahan@scott-scott.com
- and -
Christopher M. Burke, Esq.
Walter Noss, Esq.
Yifan (Kate) Lv, Esq.
KOREIN TILLERY PC
707 Broadway, Suite 1410
San Diego, CA 92101
Telephone: (619) 625-5620
E-mail: cburke@koreintillery.com
wnoss@koreintillery.com
klv@koreintillery.com
- and -
George A. Zelcs, Esq.
Randall P. Ewing, Jr., Esq.
Chad E. Bell, Esq.
Labeat Rrahmani, Esq.
KOREIN TILLERY, LLC
205 North Michigan Avenue, Suite 1950
Chicago, IL 60601
Telephone: (312) 641-9750
E-mail: gzelcs@koreintillery.com
rewing@koreintillery.com
cbell@koreintillery.com
lrrahmani@koreintillery.com
NCAA: Parties Seek to Seal Class Cert Materials
-----------------------------------------------
In the class action lawsuit captioned as CHUBA HUBBARD, et al., v.
NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, et al., Case No.
4:23-cv-01593-CW (N.D. Cal.), the Parties ask the Court to enter an
order granting the joint omnibus administrative motion to seal
class certification materials.
Pursuant to the Stipulated Order Regarding Administrative Motions
to Seal, the Parties have compiled a narrowly tailored list of
materials referenced in the Parties' class certification briefing
and related documents that were provisionally sealed.
National Collegiate is a nonprofit organization that regulates
student athletics among about 1,100 schools in the United States,
and one in Canada.
A copy of the Parties' motion dated May 17, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=1sV9n7 at no extra
charge.[CC]
The Plaintiffs are represented by:
Steve W. Berman, Esq.
Emilee N. Sisco, Esq.
Benjamin J. Siegel, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
1301 Second Avenue, Suite 2000
Seattle, WA 98101
Telephone: (206) 623-7292
Facsimile: (206) 623-0594
E-mail: steve@hbsslaw.com
emilees@hbsslaw.com
stephaniev@hbsslaw.com
- and –
Jeffrey L. Kessler, Esq.
David L. Greenspan, Esq.
Sofia Arguello, Esq.
Adam I. Dale, Esq.
Jeanifer E. Parsigian, Esq.
WINSTON & STRAWN LLP
200 Park Avenue
New York, NY 10166-4193
Telephone: (212) 294-4698
Facsimile: (212) 294-4700
E-mail: jkessler@winston.com
dgreenspan@winston.com
sarguello@winston.com
aidale@winston.com
jparsigian@winston.com
The Defendant are represented by:
Christopher S. Yates, Esq.
Aaron T. Chiu, Esq.
Anna M. Rathbun, Esq.
LATHAM & WATKINS LLP
505 Montgomery Street, Suite 2000
San Francisco, CA 94111
Telephone: (415) 391-0600
Facsimile: (415) 395-8095
E-mail: chris.yates@lw.com
aaron.chiu@lw.com
anna.rathbun@lw.com
- and -
Beth A. Wilkinson, Esq.
Rakesh N. Kilaru, Esq.
Calanthe Arat, Esq.
Tamarra M. Johnson, Esq.
Kieran G. Gostin, Esq.
Matthew R. Skanchy, Esq.
WILKINSON STEKLOFF LLP
2001 M Street, NW, 10th Floor
Washington, D.C. 20036
Telephone: (202) 847-4000
Facsimile: (202) 847-4005
E-mail: bwilkinson@wilkinsonstekloff.com
rkilaru@wilkinsonstekloff.com
carat@wilkinsonstekloff.com
tmatthewsjohnson@wilkinsonstekloff.com
kgostin@wilkinsonstekloff.com
mskanchy@wilkinsonstekloff.com
- and -
Jacob K. Danziger, Esq.
ARENT FOX SCHIFF LLP
44 Montgomery Street, 38th Floor
San Francisco, CA 94104
Telephone: (415) 757-5500
Facsimile: (415) 757-5501
E-mail: jacob.danziger@afslaw.com
- and -
Whitty Somvichian, Esq.
Kathleen R. Hartnett, Esq.
Ashley K. Corkery, Esq.
Mark F. Lambert, Esq.
COOLEY LLP
3 Embarcadero Center, 20th Floor
San Francisco, CA 94111-4004
Telephone: (415) 693-2000
Facsimile: (415) 693-2222
E-mail: wsomvichian@cooley.com
khartnett@cooley.com
acorkery@cooley.com
mlambert@cooley.com
- and -
Britt M. Miller, Esq.
Daniel T. Fenske, Esq.
Christopher J. Kelly, Esq.
MAYER BROWN LLP
71 South Wacker Drive
Chicago, IL 60606
Telephone: (312) 782-0600
Facsimile: (312) 701-7711
E-mail: bmiller@mayerbrown.com
dfenske@mayerbrown.com
cjkelly@mayerbrown.com
- and -
Robert W. Fuller, III, Esq.
Lawrence C. Moore, III, Esq.
Amanda P. Nitto, Esq.
Travis S. Hinman, Esq.
Patrick H. Hill, Esq.
ROBINSON BRADSHAW & HINSON, P.A.
101 N. Tryon St., Suite 1900
Charlotte, NC 28246
Telephone: (704) 377-2536
Facsimile: (704) 378-4000
E-mail: rfuller@robinsonbradshaw.com
lmoore@robinsonbradshaw.com
anitto@robinsonbradshaw.com
thinman@robinsonbradshaw.com
phill@robinsonbradshaw.com
- and -
Mark J. Seifert, Esq.
SEIFERT ZUROMSKI LLP
100 Pine Street, Suite 1250
San Francisco, CA 94111
Telephone: (415) 869-8837
Facsimile: (415) 901-1123
E-mail: mseifert@szllp.com
- and -
Kathryn Reilly, Esq.
Michael T. Williams, Esq.
WHEELER TRIGG O'DONNELL LLP
370 17th St., Suite 4500
Denver, CO 80202
Telephone: (303) 244-1800
Facsimile: (303) 244-1879
E-mail: reilly@wtotrial.com
williams@wtotrial.com
- and -
David L. Anderson, Esq.
Angela C. Zambrano, Esq.
Natali Wyson, Esq.
SIDLEY AUSTIN LLP
555 California Street, Suite 2000
San Francisco, CA 94104
Telephone: (415) 772-1200
Facsimile: (415) 772-7400
E-mail: dlanderson@sidley.com
angela.zambrano@sidley.com
nwyson@sidley.com
NISSAN NORTH: Court Suspends Class Cert Briefing in Elias Suit
--------------------------------------------------------------
In the class action lawsuit captioned as MICHAEL ELIAS, KELLY
WEMER, JAMES GALLINA, JULIE GALLINA, TESHA HALL, BRIAN LAWSON, AND
MONTGOMERY HEADLEY, On Behalf of Themselves and All Others
Similarly Situated, v. NISSAN NORTH AMERICA, INC., Case No.
3:23-cv-00348 (M.D. Tenn.), the Hon. Judge Jeffrey Frensley entered
an order suspending the briefing schedule for class certification
in the initial case management Order.
Nissan operates in the automotive industry.
A copy of the Court's order dated May 20, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=nrG5mD at no extra
charge.[CC]
NORDIC NATURALS: Filing for Class Cert Bid in Caldwell Due Dec. 16
------------------------------------------------------------------
In the class action lawsuit captioned as CHERYL CALDWELL,
individually and on behalf of all others similarly situated, v.
NORDIC NATURALS, INC. Case No. 3:23-cv-02818-EMC (N.D. Cal.), the
Hon. Judge Edward Chen entered an order amending complaint and
scheduling order:
1. The First Amended Complaint ("FAC"), filed concurrently with
This Stipulation, is the operative complaint for Plaintiff.
2. Defendant will file its Answer to the FAC twenty-one days
from
the filing of the FAC.
3. Fact discovery shall close on Nov. 26, 2024.
4. Plaintiffs' deadline to serve expert disclosures and expert
reports is Nov. 26, 2024.
5. Defendant's deadline to serve expert disclosures and expert
reports is Dec. 26, 2024.
6. Defendant's deadline to file Daubert motions is Jan. 22,
2025.
7. Plaintiffs shall file their opposition to Defendant's Daubert
motion on Feb. 21, 2025.
8. Defendant shall file its reply in further support of Daubert
motions on Feb. 28, 2025.
9. Plaintiffs' deadline to file Daubert motions is Feb. 7,
2025.
10. Plaintiffs' deadline to file a Motion for Class Certification
is
Dec. 16, 2024.
11. Defendant shall file its opposition to Plaintiffs' Motion for
Class Certification on Jan. 22, 2025.
12. Defendant may file a Motion for Summary Judgment on Jan. 22,
2025.
13. Plaintiffs shall file their reply in further support of
Motion
for Class Certification on Feb. 28, 2025.
14. Hearing on Daubert motions and Motion for Class
Certification
shall take place on March 13, 2025, at 1:30 PM in Courtroom
5,
17th Floor.
The Plaintiff seeks to file an amended complaint to add three new
Plaintiffs Jeanne Matthews, Amanda Hatfield and Jessica Nicole
Decoursey as Class Representatives for three additional states
Illinois, Florida and New York, respectively. The Plaintiff wishes
to make additional allegations to her original complaint to add
three new subclasses, an Illinois Subclass, a Florida Subclass and
a New York Subclass, and to add claims for relief relating to those
subclasses. The Plaintiff also wishes to add allegations to her
original complaint relating to the additional Plaintiffs and their
purchase of the product challenged in this consumer class action.
On Feb. 20, 2024, the parties filed a Joint Case Management
Statement wherein Plaintiff represented that she "does not
anticipate amending the CAC." However, the Parties agreed that the
deadline to file amended pleadings would be May 13, 2024.
Nordic sells vitamins and supplements including animal oils, fish
oils, and marine animal oils.
A copy of the Court's order dated May 20, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=R4lXXW at no extra
charge.[CC]
The Plaintiff is represented by:
Robert Abiri, Esq.
CUSTODIO & DUBEY, LLP
445 S. Figueroa Street, Suite 2520
Los Angeles, CA 90071
Telephone: (213) 593-9095
Facsimile: (213) 785-2899
E-mail: abiri@cd-lawyers.com
- and -
Ruhandy Glezakos, Esq.
Benjamin Heikali, Esq.
Joshua Nassir, Esq.
TREEHOUSE LAW, LLP
2121 Avenue of the Stars, Suite 2580
Los Angeles, CA 90024
Telephone: (310) 751-5948
E-mail: rglezakos@treehouselaw.com
bheikali@treehouselaw.com
jnassir@treehouselaw.com
The Defendant is represented by:
Andrew J. Marino, Esq.
Michael R. McDonald, Esq.
Caroline E. Oks, Esq.
Christina M. LaBruno, Esq.
GIBBONS P.C.
One Gateway Center
Newark, NJ 07102
Telephone: (973) 596-4500
E-mail: mmcdonald@gibbonslaw.com
coks@gibbonslaw.com
amarino@gibbonslaw.com
clabruno@gibbonslaw.com
OLO INC: Scarantino Sues Over Breach of Fiduciary Duties
--------------------------------------------------------
RICHARD SCARANTINO, Plaintiff, v. NOAH H. GLASS, BRANDON GARDNER,
DAVID CANCEL, DAVID FRANKEL, LEE KIRKPATRICK, DANIEL MEYER, COLIN
NEVILLE, LINDA ROTTENBERG, ZUHAIRAH WASHINGTON, THE RAINE GROUP
LLC, RPII ORDER LLC, AND RAINE ASSOCIATES II LP, Defendants, -and-
OLO INC., a Delaware corporation, Nominal Defendant, Case No.
2024-0517 (Del. Ch., May 15, 2024) is a stockholder class action
accusing OLO Inc's Board and Chief Executive Officer for breaching
their fiduciary duties and The Raine Group LLC, RPII Order LLC, and
Raine Associates II LP for aiding and abetting these breaches of
fiduciary duty.
This action arises because Olo's largest stockholder, Raine -- a
merchant bank that makes principal investments and seeks to drivve
growth through active involvement -- has exploited its influence
over Olo's Board to cause the Company to authorize a stock
repurchase program that imminently threatens to grant Raine
outright voting control over Olo, with the Company and its
soon-to-be minority stockholders footing the bill and receiving no
control premium in return.
The Plaintiff seeks a temporary restraining order, restraining Olo
from repurchasing stock, expedited proceedings, and a prompt
hearing on a forthcoming motion for preliminary injunction to
prevent Defendants from using the Olo's funds and the 2024 Stock
Buyback Program to allow Raine to gain voting control without
paying a control premium. The Plaintiff will also seek monetary
damages resulting from Defendants' breaches of fiduciary duty and
aiding and abetting thereof after a full and prompt trial.
Headquartered in New York, NY, Olo Inc. offers a "software as a
service" platform that assists restaurants with their digital
ordering, delivery, front-of-house management, and payment
services. [BN]
The Plaintiff is represented by:
Daniel E. Meyer, Esq.
BERNSTEIN LITOWITZ BERGER & GROSSMANN LLP
500 Delaware Avenue, Suite 901
Wilmington, DE 19801
Telephone: (302) 364-3600
- and -
Jeroen van Kwawegen, Esq.
Edward Timlin, Esq.
Christopher J. Orrico, Esq.
Shiva Mohan, Esq.
BERNSTEIN LITOWITZ BERGER & GROSSMANN LLP
1251 Avenue of the Americas
New York, NY 10020
Telephone: (212) 554-1400
- and -
Richard A. Maniskas, Esq.
RMLAW, P.C.
1055 Westlake Drive, Suite 300
Berwyn, PA 19312
Telephone: (484) 324-6800
OPEN TEXT: Subsidiary's Proposed Settlement for Final Court OK
--------------------------------------------------------------
Open Text Corp. disclosed in its Form 10-Q Report for the quarterly
period ending March 31, 2024 filed with the Securities and Exchange
Commission on May 2, 2024, that Carbonite, Inc.'s, a company that
it acquired, class suit proposed settlement is subject to the final
approval of the United States District Court for the District of
Massachusetts.
On August 1, 2019, prior to Open Text Corp.'s acquisition of
Carbonite Inc., a purported stockholder of Carbonite filed a
putative class action complaint against Carbonite, its former Chief
Executive Officer, Mohamad S. Ali, and its former Chief Financial
Officer, Anthony Folger, in the United States District Court for
the District of Massachusetts captioned Ruben A. Luna, Individually
and on Behalf of All Others Similarly Situated v. Carbonite, Inc.,
Mohamad S. Ali, and Anthony Folger (No. 1:19-cv-11662-LTS) (the
Luna Complaint).
The complaint alleges violations of the federal securities laws
under Sections 10(b) and 20(a) of the Securities Exchange Act of
1934, as amended (the Exchange Act), and Rule 10b-5 promulgated
thereunder.
The complaint generally alleges that the defendants made materially
false and misleading statements in connection with Carbonite's
Server Backup VM Edition, and seeks, among other things, the
designation of the action as a class action, an award of
unspecified compensatory damages, costs and expenses, including
counsel fees and expert fees, and other relief as the court deems
appropriate.
On August 23, 2019, a nearly identical complaint was filed in the
same court captioned William Feng, Individually and on Behalf of
All Others Similarly Situated v. Carbonite, Inc., Mohamad S. Ali,
and Anthony Folger (No. 1:19- cv-11808-LTS) (together with the Luna
Complaint, the Securities Actions).
On November 21, 2019, the district court consolidated the
Securities Actions, appointed a lead plaintiff, and designated a
lead counsel.
On January 15, 2020, the lead plaintiff filed a consolidated
amended complaint generally making the same allegations and seeking
the same relief as the complaint filed on August 1, 2019.
The defendants moved to dismiss the Securities Actions on March 10,
2020.
On October 22, 2020, the district court granted with prejudice the
defendants' motion to dismiss the Securities Actions.
On November 20, 2020, the lead plaintiff filed a notice of appeal
to the United States Court of Appeals for the First Circuit.
On December 21, 2021, the United States Court of Appeals for the
First Circuit issued a decision reversing and remanding the
Securities Actions to the district court for further proceedings.
On July 14, 2023, the district court certified the lead plaintiff's
proposed class, following which the defendants filed a motion for
class decertification.
On January 31, 2024 the parties filed a motion for preliminary
approval of a settlement to fully resolve the litigation and, on
February 1, 2024, the court issued a preliminary approval order.
The proposed settlement is subject to the court's final approval
and, if approved, will be substantially paid from insurance
coverage, with any remaining amount not covered by insurance being
immaterial to the Company.
All defendants have denied, and continue to deny, the merit of the
claims alleged in the case and the settlement does not reflect any
admission of fault, wrongdoing, or liability as to any defendant.
Open Text Corporation provides a suite of software products and
services that assist organizations in finding, utilizing, and
sharing business information from various devices. The Company was
founded in 1991 and is headquartered in Waterloo, Canada.
PANDA RESTAURANT: Davis Sues Over Unprotected Private Information
-----------------------------------------------------------------
SILAS DAVIS, on behalf of himself and all others similarly
situated, Plaintiff v. PANDA RESTAURANT GROUP, INC., Defendant,
Case No. 2:24-cv-03984 (C.D. Cal., May 13, 2024) arises from
Defendant's failure to protect highly sensitive personal
identifiable information about its current and former employees.
Between March 7-11, 2024, Defendant lost control over that data
when cybercriminals infiltrated its insufficiently protected
computer systems in a data breach. However, Panda did not
immediately notify its employees that hackers had breached its
systems. It waited until April 30, 2024, before it began to notify
victims of the breach, almost eight weeks after the breach
occurred, says the suit.
Headquartered in Rosemead, CA, Panda Restaurant Group, Inc. owns
and operates of Panda Inn, Panda Express and Hibachi-San. [BN]
The Plaintiff is represented by:
Andrew G. Gunem, Esq.
TURKE & STRAUSS LLP
613 Williamson Street, Suite 201
Madison, WI 53703
Telephone: (608) 237-1775
Facsimile: (608) 509-4423
E-mail: andrewg@turkestrauss.com
PANDA RESTAURANT: Faces Oluwalowo Suit Over Alleged Data Breach
---------------------------------------------------------------
JOSHUA OLUWALOWO, on behalf of himself and all others similarly
situated, Plaintiff v. PANDA RESTAURANT GROUP, INC.; PANDA EXPRESS,
INC., Defendants, Case No. 2:24-cv-04035 (C.D. Cal., May 15, 2024)
arises from Defendants' failure to safeguard and secure the
personally identifiable information of their current and former
employees around the nation, including Plaintiff.
The Plaintiff, on behalf of himself and all other Class members,
asserts claims for negligence, negligence per se, breach of
fiduciary duty, and breach of implied contract, and seeks
declaratory relief, injunctive relief, monetary damages, statutory
damages, punitive damages, equitable relief, and all other relief
authorized by law.
Between approximately March 7, 2024, and March 11, 2024, the PII of
current and former employees were leaked due to an external system
breach. However, Defendants waited over a month from the date they
learned of the data breach to notify the affected individuals. In
addition, the Defendants have not disclosed crucial information,
including, but not limited to, the identity of the hacking group
responsible for the data breach, how the cybercriminals were able
to exploit vulnerabilities in Defendants' IT security systems, or
any specific steps taken by Defendants to safeguard their systems,
says the suit.
Headquartered in Rosemead, CA, Panda Restaurant Group is the parent
company of Panda Inn, Panda Express, and Hibachi-San Panda Express.
It operates as a Chinese fast food chain in the United States.
[BN]
The Plaintiff is represented by:
John J. Nelson, Esq.
MILBERG COLEMAN BRYSON
PHILLIPS GROSSMAN, PLLC
280 S. Beverly Drive
Beverly Hills, CA 90212
Telephone: (858) 209-6941
E-mail: jnelson@milberg.com
PELOTON INTERACTIVE: Settlement Deal in Cohen Gets Initial Nod
--------------------------------------------------------------
In the class action lawsuit captioned as Mark Cohen v. Peloton
Interactive, Inc. et al., Case No. 2:22-cv-01425-MWF-E (C.D. Cal.),
the Hon. Judge Michael Fitzgerald entered an order granting
Plaintiffs' motion for preliminary approval of class action
settlement agreement.
-- The class is provisionally certified for purposes of settlement
only.
-- The notice and plan of dissemination are approved.
-- The Final Approval Hearing is scheduled for Sept. 16, 2024, at
10:00 a.m.
The "Settlement Class" is defined as "all current and former
non-exempt employees of Defendant in California at any time during
the Class Period who have not executed a general release with
Defendant before the date on which the Court grants preliminary
approval."
The case is a wage and hour class action against Defendant Peloton
Interactive, Inc. on behalf of all non-exempt hourly employees in
the state of California from Nov. 18, 2020, through the date of
this Order.
The Plaintiff Mark Cohen initiated this action against Defendant in
Los Angeles Superior Court on Jan. 3, 2022.
Peloton is an American exercise equipment and media company
A copy of the Court's order dated May 20, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=RQEoNV at no extra
charge.[CC]
PEOPLECONNECT INC: Parties in Nolen Must File Joint Status Report
------------------------------------------------------------------
In the class action lawsuit captioned as ALICIA NOLEN, v.
PEOPLECONNECT, INC., Case No. 3:20-cv-09203-EMC (N.D. Cal.), the
Hon. Judge Edward Chen entered an order that the parties shall meet
and confer and file a joint status report in response within one
week of the date of this order.
Previously, the Court ordered the parties to meet and confer
regarding (1) class definition and (2) class notice.
The Court therefore rejects PeopleConnect's challenge to element
(3). That being said, the Court modifies element (3) to provide
some additional clarity and, as discussed below, to limit the
definition to California yearbooks. The class definition approved
by the Court is as follows (with the modifications highlighted for
the convenience of the parties only).
All persons residing in the State of California: (1) who are not,
and have never been, registered users of Classmates.com; (2) who
have never donated a yearbook to Classmates.com; and (3) for whom a
search of their name, using the search bar to search a California
yearbook made available for viewing on the Classmates.com website,
yields at least one record corresponding to the class member from a
California yearbook that Classmates.com first made publicly
available on or after December 18, 2018.
Peopleconnect provides online social network services.
A copy of the Court's order dated May 20, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=6WlU7I at no extra
charge.[CC]
PHP OF NC: Johnson Bid to Conditionally Certify Action Partly OK'd
------------------------------------------------------------------
In the class action lawsuit captioned as MICHAEL JOHNSON,
individually and on behalf of others similarly situated, V. PHP OF
NC, INC., and JUSTINE WIGGINS, Case No. 5:23-cv-00462-M (E.D.N.C.),
the Hon. Judge Richard Myers II entered an order granting in part
and denying in part the Plaintiffs motion to conditionally certify
collective action and approve notice.
The Plaintiff has made the requisite showing at this stage of the
litigation that the putative class members' claims are sufficiently
similar to those alleged by Plaintiff to merit sending notice of
the action to possible members of the collective, defined as:
"All habilitation technicians ("HAB Techs") who performed work
for
PHP of NC, Inc. as an independent contractor, and who submitted
invoices to PHP of NC, Inc. reflecting more than 40 hours in a
workweek at any time within three (3) years from the date of
this
notice."
In addition, the court orders that Plaintiffs proposed amended
notice be modified to include the approved language concerning a
possible cost award. Further, the court orders that the parties
meet and confer regarding inclusion of language in the notice
pertaining to putative members' obligations to participate in
discovery and at trial and to preserve information, and jointly
present to the court a modified proposed notice, as contemplated
herein.
The Plaintiff initiated this action on behalf of himself and others
similarly situated on June 14, 2023, in the Middle District of
North Carolina. After the case was transferred to this district,
the Plaintiff filed a First Amended Complaint on Sept. 28, 2023.
PHP of NC offers 24 hour care for those needing assistance.
A copy of the Court's order dated May 21, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=ZHLxjt at no extra
charge.[CC]
PINK JEEP: Slepian Loses Class Certification Bid
------------------------------------------------
In the class action lawsuit captioned as Geoffrey Slepian, v. Pink
Jeep Tours, LLC, et al., Case No. 3:23-cv-08105-SPL (D. Ariz.), the
Hon. Judge Steven Logan entered an order denying Plaintiff Geoffrey
Slepian's Motion for Class Certification with prejudice and without
leave to amend.
The Court said that the Plaintiff's request fails as he has
provided insufficient evidence of typicality throughout the
proposed class.
Additionally, the Court finds class certification to be
inappropriate in this case as individual questions predominate over
common ones and injunctive relief would not apply to the class as a
whole.
The Plaintiff alleges that as a driver, he was de-facto required to
be present at work on standby in the event that a tour was
scheduled, but that he was not compensated for this time.
The Plaintiff claims this was because the drivers needed to be
ready to immediately leave when Defendants booked a tour for them
to guide.
Additionally, the Plaintiff alleges that he was not compensated for
time spent preparing his vehicle for the tour, as it usually took
longer than the 90 paid minutes which allotted by Defendants.
The Plaintiff brings claims under the Fair Labor Standards Act
("FLSA"), the Arizona Wage Act ("AWA"), and the Arizona Minimum
Wage Act ("AMWA").
On Nov. 27, 2023, the parties stipulated to conditional
certification under the FLSA. The Plaintiff now seeks to certify
the class pursuant to Fed. R. Civ. P. 23 as the following:
"All hourly employees who worked as Guides for Pink Jeep in
Arizona from June 7, 2020 to the date Notice is distributed
..."
The Plaintiff served as one of the drivers who conducted tours.
Pink Jeep owns an offroad tour company that operates throughout
scenic
locations in Arizona.
A copy of the Court's order dated May 21, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=FVG17f at no extra
charge.[CC]
PITTSBURGH REGIONAL: Can File Class Cert Bid Opposition Brief
-------------------------------------------------------------
In the class action lawsuit captioned as JOHN DOE(S) AND JANE
DOE(S) v. PITTSBURGH REGIONAL TRANSIT, Case No. 2:22-cv-01736 (W.D.
Pa., Filed Dec. 6, 2022), the Hon. Judge Robert J. Colville entered
an order granting consent motion for leave to file 17-page brief in
opposition to motion to certify class action.
The nature of suit states Civil Rights (Employment
Discrimination).
Pittsburgh Regional is the second-largest public transit agency in
Pennsylvania.[CC]
PROFESSIONAL FINANCE: Court Certifies Class in Rodriguez Suit
-------------------------------------------------------------
In the class action lawsuit captioned as Rodriguez v. Professional
Finance Company, Inc., Case No. 1:22-cv-01679 (D. Colo., Filed July
6, 2022), the Hon. Judge Regina Rodriguez entered an order
accepting Plaintiffs' unopposed motion to certify class and for
preliminary approval of class action settlement.
The nature of suit states torts -- personal injury -- other
personal injury.
Professional operates as a debt management company.[CC]
PROGRESSIVE SELECT: Filing for Summary Judgment Bid Due Sept. 6
---------------------------------------------------------------
In the class action lawsuit captioned as KIARA SIBERT, v.
PROGRESSIVE SELECT INSURANCE COMPANY, Case No. 1:22-cv-01179-LKG
(D. Md.), the Hon. Judge Lydia Kay Griggsby entered an order
directing the parties to adhere to the following schedule for the
briefing of the Defendant's motion for summary judgment:
Defendant's motion for summary judgment Sept. 6, 2024
and Daubert motions:
Response in opposition to Defendant's Oct. 4, 2024
motion for summary judgment and Daubert
motions:
Defendant's replies: Nov. 1, 2024
The Court also holds in abeyance the Plaintiff's motion for class
certification, pending the Court's resolution of the motion for
summary judgment.
Progressive offers auto, trailers, motorcycles, boats, renters,
condos, flood, life, and health insurance services.
A copy of the Court's order dated May 20, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=b60a38 at no extra
charge.[CC]
QUIKTRIP CORP: Bugaj Sues Over Unlawful Biometric Data Collection
-----------------------------------------------------------------
Malgorzata Bugaj, individually and on behalf of all others
similarly situated, Plaintiff v. QuikTrip Corporation, Defendant,
Case No. 2024LA000576 (Ill. Cir., 18th Judicial, DuPage Cty., May
13, 2024) seeks to obtain redress for all persons injured by
Defendant's violations of the Illinois Biometric Information
Privacy Act.
Allegedly, Defendant's security systems, which include cameras,
video surveillance, and biometric identification software,
surreptitiously collect, capture, possess, or otherwise obtain
customers' biometric identifiers and/or biometric information
without notifying customers and without obtaining their written
consent. Additionally, Defendant's Privacy Policy also fails to
disclose the length of term for which a biometric identifier or
biometric information is being collected and how and when it will
be destroyed, in violation of BIPA, says the suit.
Headquartered in Oklahoma, QuikTrip Corporation is a convenience
store chain with more than 1,000 stores in seventeen states,
including thirteen locations in Illinois. [BN]
The Plaintiff is represented by:
Martin W. Jaszczuk, Esq.
Margaret Schuchardt, Esq.
JASZCZUK P.C.
311 South Wacker Drive, Suite 2150
Chicago, IL 60606
Telephone: (312) 442-0509
E-mail: mjaszczuk@jaszczuk.com
mschuchardt@jaszczuk.com
- and -
Matthew Peterson, Esq.
CONSUMER LAW ADVOCATE, PLLC
230 E. Ohio St., Suite 410
Chicago, IL 60611
Telephone: (815) 999-9130
E-mail: mtp@lawsforconsumers.com
REDWIRE CORP: Thompson Bid to Strike Daubert Motion Tossed
----------------------------------------------------------
In the class action lawsuit captioned as LEMEN v. REDWIRE
CORPORATION et al., Case No. 3:21-cv-01254 (M.D. Fla., Filed Dec.
17, 2021), the Hon. Judge Timothy J. Corrigan entered an order
denying the Lead Plaintiff Jared Thompson's time sensitive motion
to strike Defendants' Daubert Motion.
However, the plaintiff may delay responding to the Daubert motion
and filing his reply to the class certification response until July
2, 2024, which is after Dr. Roper's June 5, 2024, deposition.
The parties are further advised that the Court does not appreciate
how either side has handled this issue. First, this is not a "time
sensitive" matter and the parties should quit using that
designation unless it actually applies.
Second, defendants' Daubert motion was not untimely and defendants
are entitled to challenge the expert plaintiff relies on in seeking
class certification. However, once defendants contemplated filing
the motion, they should have conferred with plaintiff and jointly
asked to extend the class certification briefing schedule to
account for it.
The suit alleges violation of the Securities Exchange Act.
Redwire is an American aerospace manufacturer and space
infrastructure technology company.[CC]
RENTQUI LLC: Paba Sues Over Unlawful Debt Collection Practices
--------------------------------------------------------------
CLAUDIA PABA, individually and behalf of all those similarly
situated, Plaintiff v. RENTQUI LLC, Defendant, Case No.
CACE-24-006812 (Fla. Cir., 17th Judicial, Broward Cty., May 15,
2024) accuses the Defendant of violating the Florida Consumer
Collection Practices Act, which prohibits persons from
communicating with a debtor between the hours of 9:00 PM and 8.00
AM in the debtor's time zone without the prior consent of the
debtor.
On May 13, 2024, Defendant sent an electronic mail communication to
Plaintiff in connection with the collection of the consumer debt.
However, the communication was sent and received at 7:02 AM in
Plaintiff's time zone, says the suit.
Located in Miami, FL, Rentqui LLC offers loans to residential
renters. [BN]
The Plaintiff is represented by:
Jibrael S. Hindi, Esq.
Jennifer G. Simil, Esq.
Zane C. Hedaya, Esq.
Gerald D. Lane, Jr., Esq.
LAW OFFICES OF JIBRAEL S. HINDI, PLLC
110 SE 6th Street, Suite 1744
Fort Lauderdale, FL 33301
Telephone: (954) 907-1136
E-mail: jibrael@jibraellaw.com
jen@jibraellaw.com
zane@jibraellaw.com
gerald@jibraellaw.com
RH: Faces Washington Suit Over Call Center Employees' Unpaid Wages
------------------------------------------------------------------
KAELA WASHINGTON, individually, and on behalf of others similarly
situated, Plaintiff v. RH, a foreign corporation, Defendant, Case
No. 3:24-cv-02774-TSH (N.D. Cal., May 9, 2024) arises from
Defendant's willful violations of the Fair Labor Standards Act, the
Ohio Minimum Fair Wage Standards Act, the Ohio Constitution, and
common law.
According to the complaint, the Defendant violated the FLSA and
common law by systematically failing to compensate its hourly call
center employees (collectively referred to herein as CSRs) for work
tasks completed before and after their scheduled shifts and during
their unpaid meal periods, when they were not logged into
Defendant's timekeeping system. This resulted in CSRs not being
paid for all overtime hours worked, overtime gap time when
associated with unpaid overtime, and in non-overtime workweeks for
regular hours, says the suit.
The Plaintiff worked for the Defendant as a non-exempt CSR in
Defendant's Ohio brick-and-mortar call center and remotely from
September 2021 through October 2022.
Headquartered in Corte Madera, California, RH is a retailer and
lifestyle brand operating primarily in the home furnishings
market.[BN]
The Plaintiff is represented by:
Kevin J. Stoops, Esq.
SOMMERS SCHWARTZ, P.C.
402 W Broadway Suite 1760
San Diego, CA 92101
Telephone: (248) 355-0300
E-mail: kstoops@sommerspc.com
- and -
Alana A. Karbal, Esq.
SOMMERS SCHWARTZ, P.C.
One Towne Square, 17th Floor
Southfield, MI 48076
Telephone: (248) 355-0300
E-mail: akarbal@sommerspc.com
RICE DRILLING: Gregor Suit Seeks to Certify Class & Subclass
------------------------------------------------------------
In the class action lawsuit captioned as ANTHONY GREGOR, et al., on
behalf of themselves and all others similarly situated, v. RICE
DRILLING D, LLC, et al., Case No. 2:21-cv-03999-EPD (S.D. Ohio),
the Plaintiffs ask the Court to enter an order:
(1) certifying this case as a class action;
(2) appointing the Named Plaintiffs as class representatives;
(3) appointing the Plaintiffs' counsel as class counsel; and
(4) directing the parties to submit within 14 days a proposed
class
notice plan and form that complies with FED. R. CIV. P.
23(c)(2)(B).
The Plaintiffs Dorothy Bowman, Maple Ridge Farm, LLC, and OK Ridge
Farm, LLC, along with other plaintiffs, brought this case as a
class action, alleging that the Defendants are liable to them and
others similarly situated for breach of contract.
They seek certification of a class defined as follows:
Affiliate Sales Class.
"All persons or entities (including their predecessors and
successors-in-interest) who own oil and gas mineral
interests
and/or royalty interests in Belmont County, Ohio that
entered
into, are parties to, or are beneficiaries of oil and gas
leases with the Defendants (or any of Defendants'
affiliates,
predecessors, successors, and/or subsidiaries) and/or
others;
which leases contain the same or similar royalty language
contained in the Smith-Goshen Leases requiring royalties to
be
paid on a percentage of the gross proceeds received by
Lessee
from an unaffiliated third party purchaser in an arm's
length
transaction; and who have received royalty payments from the
Defendants (or any of Defendants’ affiliates,
predecessors,
successors, and/or subsidiaries) and/or others for the
production of oil and natural gas from the land covered by
the
Smith-Goshen Leases or leases with the same or similar
royalty
language contained in the Smith-Goshen Leases; which royalty
payments were based on the proceeds Defendants and/or others
received in a sale to an affiliate and not the gross
proceeds
the Defendants and/or others received in a sale to an
unaffiliated third party purchaser in an arm's length
transaction."
In addition, Plaintiff OK Ridge Farm seeks to represent a subclass
of persons who had costs improperly deducted in the calculation of
their royalty payments, defined as follows:
Deductions Subclass.
"All persons or entities (including their predecessors and
successors-in-interest) who own oil and gas mineral
interests
and/or royalty interests in Belmont County, Ohio that
entered
into, are parties to, or are beneficiaries of oil and gas
leases with Defendants (or any of Defendants' affiliates,
predecessors, successors, and/or subsidiaries) and/or
others;
which leases contain the same or similar royalty language
that
is contained in the Smith-Goshen Leases prohibiting the
lessee
from deducting any costs or expenses in connection with the
activities and operations of lessee including, but not
limited
to, drilling, testing, completion, producing or
post-production
costs, construction, transportation, dehydration,
separation,
compression, gathering, processing, and marketing; and who
have
received royalty payments from Defendants (or any of
Defendants' affiliates, predecessors, successors, and/or
subsidiaries) and/or others for the production of oil and
natural gas from the land covered by the Smith-Goshen Leases
or
leases with the same or similar royalty language contained
in
the Smith-Goshen Leases; which royalty payments which
contained
deductions for any costs or expenses in connection with the
activities and operations of lessee including, but not
limited
to, drilling, testing, completion, producing or
post-production
costs, construction, transportation, dehydration,
separation,
compression, gathering, processing, and marketing."
The Defendant is
A copy of the Plaintiffs' motion dated May 17, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=S1PIPB at no extra
charge.[CC]
The Plaintiffs are represented by:
David P. Meyer, Esq.
Matthew R. Wilson, Esq.
Michael J. Boyle, Jr., Esq.
Jared W. Connors, Esq.
MEYER WILSON CO., LPA
305 W. Nationwide Blvd
Columbus, OH 43201
Telephone: (614) 224-6000
Facsimile: (614) 224-6066
E-mail: dmeyer@meyerwilson.com
mwilson@meyerwilson.com
mboyle@meyerwilson.com
jconnors@meyerwilson.com
- and -
Scott K. Jones, Esq.
SCOTT K. JONES LAW, LLC
3825 Edwards Rd., Suite 103
Cincinnati, OH 45209
Telephone: (513) 410-2074
Facsimile: (513) 536-6393
E-mail: sjones@scottkjoneslaw.com
- and -
Sean E. Jacobs, Esq.
Heidi R. Kemp, Esq.
EMENS WOLPER JACOBS &
JASIN LAW FIRM CO., LPA
One Easton Oval, Ste. 340
Columbus, OH 43219
Telephone: (614) 414-0888
Facsimile: (614) 414-0898
E-mail: sjacobs@ewjjlaw.com
hkemp@ewjjlaw.com
RIVIAN AUTOMOTIVE: Court Directs Discovery Plan Filing in Johnson
-----------------------------------------------------------------
In the class action lawsuit captioned as Johnson v. Rivian
Automotive, LLC, Case No. 1:24-cv-01115-JBM-JEH (C.D. Ill.), the
Hon. Judge Jonathan E. Hawley entered a standing order as follows:
-- Rule 16 scheduling conference
The Court will set a Rule 16 scheduling conference
approximately
30 days after the answer or other responsive pleading is
filed.
The conference will generally be conducted by telephone.
-- Discovery plan
The discovery plan shall be filed with the Court at least
three
calendar days before the Rule 16 scheduling conference.
-- Waiver of the Rule 16 scheduling conference
If the parties agree on all matters contained in the
discovery
plan, then the parties may waive the Rule 16 scheduling
conference. To do so, the parties shall indicate in the
discovery that the parties agree upon all maters contained
within the discovery plan, and they request that the Rule 16
scheduling conference be cancelled.
-- Failure of counsel to attend a scheduled telephone hearing
For the convenience of counsel, the Court conducts most
hearings
by telephone when possible. Counsel's failure to appear for a
telephone hearing will be treated as a failure of counsel to
appear for an in-person hearing.
-- Discovery disputes brought to the Court's attention after the
discovery deadline has already passed
The parties may not raise a discovery dispute with the Court
after the relevant discovery deadline has passed; all
discovery
disputes must be brought to the Court's attention before the
relevant discovery deadline passes. Any discovery disputes
raised with the Court after the expiration of the relevant
discovery deadline shall be deemed waived by the Court, even
if
the parties agreed to conduct discovery after the relevant
discovery deadline has passed. If the parties agree to
conduct
discovery after the expiration of a deadline set by the
Court,
they must still file a motion requesting that the Court move
that deadline as agreed by the parties in order to avoid any
subsequent discovery disputes being deemed waived.
-- Settlement conferences and mediation
The parties are encouraged to seek a settlement conference or
mediation with a magistrate judge. Where parties request a
settlement conference or mediation in a case referred to
Judge
Hawley, Judge Hawley will conduct said conference or
mediation.
Rivian is an American electric vehicle manufacturer and automotive
technology and outdoor recreation company.
A copy of the Court's order dated May 20, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=3dIjmY at no extra
charge.[CC]
ROBINHOOD FINANCIAL: Seeks To File Class Cert Opposition Under Seal
-------------------------------------------------------------------
In the class action lawsuit re Robinhood Order Flow Litigation,
Case No. 4:20-cv-09328-YGR (N.D. Cal.), the Defendants ask the
Court to enter an order granting Defendants' administrative motion
to file under seal the unredacted version of the Defendants'
opposition to the Plaintiff's motion for class Certification,
certain Exhibits to the Declaration of Brandon Fetzer, and Exhibit
A to the Declaration of Craig M. Lewis, Ph.D.
Following the conclusion of briefing on Plaintiff's Motion for
Class Certification, the parties will file an omnibus sealing
stipulation addressing all documents and portions of documents
sought to be sealed, as well as their reasons for sealing.
Dkt. No. Document Designating Party of
Confidential
Information
149 Defendants' Opposition to Plaintiff's
Plaintiff's Motion for Confidential
Class Certification (redacted) Information
150 Administrative Motion to File N/A
Under Seal Defendants'
Opposition to Plaintiff's
Motion for Class Certification
(not under seal)
150-1 Defendants' Opposition to Plaintiff's
Plaintiff's Motion for Class Confidential
Certification (sealed) Information
150-2 Declaration of Brandon Fetzer N/A
("Fetzer Declaration") (not
under seal)
150-3 Exhibit A to the Fetzer Plaintiff's
Declaration, Deposition Confidential
Transcript of Michael A. Information
Goldstein (sealed)
Robinhood is a stock brokerage firm, which provides brokerage
clearing services.
A copy of the Defendants' motion dated May 17, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=kruFsO at no extra
charge.[CC]
The Defendants are represented by:
Karen P. Kimmey, Esq.
FARELLA BRAUN + MARTEL LLP
One Bush Street, Suite 900
San Francisco, CA 94104
Telephone: (415) 954-4400
E-mail: kkimmey@fbm.com
- and -
Maeve L. O'Connor, Esq.
Elliot Greenfield, Esq.
Brandon Fetzer, Esq.
DEBEVOISE & PLIMPTON LLP
66 Hudson Boulevard
New York, NY 10001
Telephone: (212) 909-6000
E-mail: mloconnor@debevoise.com
egreenfield@debevoise.com
bfetzer@debevoise.com
SANOFI-AVENTIS US: Class Certification Bid Extended to June 21
--------------------------------------------------------------
In the class action lawsuit captioned as RICHIE ABLAZA, JOHN
BARONE, LINDA CHESLOW, BETTY FELLOWS, MICHAEL FALCO, MELISSA
ALDRIDGE, and LEE WEINMAN, individually, and on behalf of all those
similarly situated, v. SANOFI-AVENTIS U.S. LLC, Case No.
4:21-cv-01942-JST (N.D. Cal.), the Hon. Judge Jon Tigar entered an
order regarding case schedule as follows:
Event Current Proposed
Deadline Deadline
Class certification motion due May 21, 2024 June 21, 2024
Plaintiffs' class certification May 21, 2024 June 21, 2024
expert disclosures due
Class certification opposition Aug. 22, 2024 Sept. 23,
2024
due
Defendant's class certification Aug. 22, 2024 Sept. 23,
2024
expert disclosures due
Defendant’s class certification Aug. 22, 2024 Sept. 23,
2024
Daubert motions due
Class certification expert Sept. 18, 2024 Oct. 18, 2024
discovery cut-off
Class certification reply due Sept. 28, 2024 Oct. 28, 2024
Defendant's oppositions to Oct. 25, 2024 Nov. 25, 2024
Plaintiffs' Daubert motions
due
Sanofi-Aventis develops, manufactures,, and markets pharmaceutical
products.
A copy of the Court's order dated May 21, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=O6RVta at no extra
charge.[CC]
The Plaintiffs are represented by:
Jonathan Shub, Esq.
SHUB & JOHNS LLC
200 Barr Harbor Drive, Suite 400
Conshohocken, PA 19428
Telephone: (610) 477-8380
E-mail: jshub@shublawyers.com
The Defendant is represented by:
David R. Singh, Esq.
WEIL, GOTSHAL & MANGES LLP
201 Redwood Shores Parkway, 6th Floor
Redwood Shores, CA 94065-1134
Telephone: (650) 802-3000
Facsimile: (650) 802-3100
E-mail: david.singh@weil.com
- and -
Randi Singer, Esq.
SIDLEY AUSTIN LLP
787 Seventh Avenue
New York, NY 10019
Telephone: (212) 839-5300
Facsimile: (212) 839-5599
E-mail: randi.singer@sidley.com
SAZERAC COMPANY: McKay Seeks to Certify Class
---------------------------------------------
In the class action lawsuit captioned as CHRISTOPHER MCKAY, TERRY
MYERS, and DAWN OUTLAW, as individuals, on behalf of themselves,
the general public, and those similarly situated, v. SAZERAC
COMPANY, INC., Case No. 3:23-cv-00522-EMC (N.D. Cal.), the
Plaintiffs, on Oct. 10, 2024, will move the Court, pursuant to Rule
23 of the Federal Rules of Civil Procedure, to certify the
following class:
"All persons in the State of California who purchased Fireball
Malt between Feb. 3, 2019, and the date of class notice."
The Class will pursue claims under the Unfair Competition Law, Cal.
Bus. & Prof. Code section17200 et seq. ("UCL"); the California
Legal Remedies Act ("CLRA"); the California False Advertising Law
("FAL"); and the common law (for fraud, deceit and/or
misrepresentation).
The Plaintiffs further request that the Court appoint (1)
Plaintiffs Christopher McKay, Terry Myers, and Dawn Outlaw as class
representatives on all claims, and (2) Gutride Safier LLP as class
counsel.
The Plaintiffs finally request the Court to order the parties to
meet and confer and present this Court, within 15 days of an order
granting class certification, a proposed notice to the certified
class.
Sazerac makes Fireball Whisky, the second most popular distilled
spirit in the United States. For decades, that was the only
Fireball-branded product available.
However, in 2020, in an effort to boost sales, the Defendant
decided to create a malt-based product that could be sold any place
that could sell beer ("Fireball Malt").
But rather than allow this new product to stand on its own, the
Defendant consciously decided to deceive consumers into thinking
that the new product was Fireball Whisky. It made the two
products'
labels virtually indistinguishable, the suit says.
The scheme paid off. Consumers were confused, and, as a result, the
Defendant was able to charge the same price for Fireball Malt
despite the fact it delivered only half the alcohol content.
Sazerac is a privately held American alcoholic beverage company.
A copy of the Plaintiffs' motion dated May 21, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=QQIfqv at no extra
charge.[CC]
The Plaintiffs are represented by:
Seth A. Safier, Esq.
Marie A. Mccrary, Esq.
Rajiv V. Thairani, Esq.
GUTRIDE SAFIER LLP
100 Pine Street, Suite 1250
San Francisco, CA 94111
Telephone: (415) 639-9090
Facsimile: (415) 449-6469
E-mail: seth@gutridesafier.com
marie@gutridesafier.com
rajiv@gutridesafier.com
SCHLUMBERGER TECHNOLOGY: Lowe Seeks Proper Overtime Pay
-------------------------------------------------------
Bryson Lowe, individually and on behalf of all others similarly
situated, Plaintiff v. Schlumberger Technology Corporation,
Defendant, Case No. 3:24-cv-00105 (D. Alaska, May 13, 2024) accuses
the Defendant of violating the Fair Labor Standards Act, the
Portal-to-Portal Act, the Alaska Wage and Hour Act in connection
with its failure to pay proper overtime wages to Plaintiff and
similarly situated coil tubing field specialist.
Plaintiff Lowe began working for Defendant on or about July of
2013. He frequently worked in excess of 40 hours in a workweek, but
was not paid time and one half his regular rate of pay for all
hours worked over 40 in each workweek. Among other things, the
Defendant failed to maintain and preserve payroll records which
accurately show the total hours worked by Plaintiff on a daily and
weekly basis in violation of the recordkeeping requirements of the
FLSA, says the Plaintiff.
Headquartered in Houston, TX, Schlumberger Technology Corporation
provides oilfield services. [BN]
The Plaintiff is represented by:
Daniel I. Pace, Esq.
PACE LAW OFFICES
101 E 9th Ave., Ste 7A
Anchorage, AK 99501
Telephone: (907) 222-4003
Facsimile: (907) 222-4006
E-mail: dan@pacelawoffices.com
- and -
Ricardo J. Prieto, Esq.
Melinda Arbuckle, Esq.
WAGE AND HOUR FIRM
400 North St. Paul Street, Suite 700
Dallas, TX 75201
Telephone: (214) 577-0258
Facsimile: (469) 399-1070
E-mail: rprieto@wageandhourfirm.com
marbuckle@wageandhourfirm.com
SCRIBE MEDIA: Cormier Class Suit Referred to Magistrate Judge
--------------------------------------------------------------
In the class action lawsuit captioned as Cormier v. Scribe Media,
LLC, Case No. 1:23-cv-00647 (W.D. Tex., Filed June 7, 2023), the
Hon. Judge Robert Pitman entered an order referring the Plaintiffs'
motion to certify class to the United States Magistrate Judge
Dustin Howell for a report and recommendation pursuant to 28 U.S.C.
section 636(b)(1)(B), Federal Rule of Civil Procedure 72, and Rule
1(d) of Appendix C of the Local Rules of the United States District
Court for the Western District of Texas.
The suit alleges violation of the Worker Adjustment and Retraining
Notification (WARN) Act
Scribe is a writing service company that offers editing,
publishing, book coaching, and marketing services.[CC]
SELENE FINANCE: Cruz Suit Seeks to Certify Class and Subclass
-------------------------------------------------------------
In the class action lawsuit captioned as CLARISSA CRUZ, ROBERT
ALLAN MARTIN, and KATRINA MARTIN, individually and on behalf of
themselves and all others similarly situated, v. SELENE FINANCE,
LP, Case No. 2:23-cv-14297-AMC (S.D. Fla.), the Plaintiffs ask the
Court, pursuant to Rules 23(a), (b)(3), and (g) of the Federal
Rules of Civil Procedure, to enter an order certifying class and
subclass:
-- Florida State Law Class:
"All Florida residential mortgagors to whom Selene sent a
letter
substantially similar or materially identical to the Final
Letter warning of acceleration of the home loan and/or
commencement of foreclosure proceedings upon less than full
payment of the "amount due" or "default amount," within the
applicable statute of limitations period";
-- FDCPA Sub-Class:
"All Florida residential mortgagors whose mortgage servicing
was
transferred to Selene while in a state of default to whom
Selene
sent a letter substantially similar or materially identical
to
the Final Letter warning of acceleration of the home loan
and/or
commencement of foreclosure proceedings upon less than full
payment of the "amount due" or "default amount" within the
applicable statute of limitations period";
2. Appointing the Plaintiffs as Class Representatives;
3. Appointing Milberg Coleman Bryson Phillips Grossman, PLLC and
Maginnis Howard as Class Counsel.
Selene is a residential mortgage servicing company.
A copy of the Plaintiffs' motion dated May 20, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=YnkojE at no extra
charge.[CC]
The Plaintiffs are represented by:
Scott C. Harris, Esq.
Jonathan B. Cohen, Esq.
MILBERG COLEMAN BRYSON
PHILLIPS GROSSMAN, PLLC
900 W. Morgan Street
Raleigh, NC 27603
Telephone: (919) 600-5000
Facsimile: (919) 600-5035
E-mail: sharris@milberg.com
jcohen@milberg.com
- and -
Edward H. Maginnis, Esq.
Karl S. Gwaltney, Esq.
MAGINNIS HOWARD
7706 Six Forks Road, Suite 101
Raleigh, NC 27615
Telephone: (919) 526-0450
Facsimile: (919) 882-8763
E-mail: emaginnis@maginnishoward.com
kgwaltney@maginnishoward.com
SHOALS TECHNOLOGIES: Kissimmee Utility Sues Over Misleading Claims
------------------------------------------------------------------
KISSIMMEE UTILITY AUTHORITY EMPLOYEES' RETIREMENT PLAN, on behalf
of itself and all others similarly situated, Plaintiff v. SHOALS
TECHNOLOGIES GROUP, INC. et al., Defendants, Case No. 3:24-cv-00598
(M.D. Tenn., May 13, 2024) accuses Shoals, certain of the Company's
senior officers and directors, and the underwriters for the
secondary public offering of Class A common stock for violating the
Securities Exchange Act of 1934 and the Securities Act of 1933.
The Plaintiff brings this securities class action on behalf of all
purchasers of Shoals Class A common stock between January 27, 2021
and May 7, 2024 inclusive, including purchases directly in Shoals'
December 2022 secondary public offering of Class A common stock.
Throughout the Class Period, Defendants emphasized the purported
quality, reliability, and safety of Shoals' electrical balance of
systems (EBOS) products and claimed these purported advantages were
critical to the Company's ability to generate business. Unbeknownst
to investors, however, during the Class Period, Shoals was
suffering from a massive, undisclosed warranty problem that
impacted approximately 30% of wire harnesses Shoals had
manufactured during the 2020 through 2022 time period. As a result,
Shoals' ability to competitively differentiate its offerings has
been materially impaired, exposing the Company's business,
finances, and operations to significant disruption and reputational
harm, as well as the material undisclosed risks of lost sales,
increased costs, and other negative consequences, says the
Plaintiff.
Headquartered in Portland, TN, Shoals is a provider of EBOS
solutions used in solar, storage, and electrical vehicle charging
infrastructure. Its Class A common stock is listed on the NASDAQ
Global Market under the ticker symbol "SHLS." [BN]
The Plaintiff is represented by:
Christopher M. Wood, Esq.
ROBBINS GELLER RUDMAN & DOWD LLP
200 31st Avenue North
Nashville, TN 37203
Telephone: (615) 244-2203
Facsimile: (615) 252-3798
E-mail: cwood@rgrdlaw.com
- and -
Brian E. Cochran, Esq.
Francisco J. Mejia, Esq.
ROBBINS GELLER RUDMAN & DOWD LLP
655 West Broadway, Suite 1900
San Diego, CA 92101
Telephone: (619) 231-1058
Facsimile: (619) 231-7423
E-mail: bcochran@rgrdlaw.com
mejia@rgrdlaw.com
- and -
Scott R. Christiansen, Esq.
CHRISTIANSEN & DEHNER, P.A.
63 Sarasota Center Blvd., Suite 107
Sarasota, FL 34240
Telephone: (941) 377-2200
Facsimile: (941) 377-4848
E-mail: scott@cdpension.com
SIEMENS INDUS: June 3 Class Cert Hearing in Enomoto Vacated
-----------------------------------------------------------
In the class action lawsuit captioned as CHANIELLE ENOMOTO, v.
SIEMENS INDUS., INC., Case No. 8:22-cv-00334-DOC-KES (C.D. Cal.),
the Hon. Judge David Carter entered an order staying case pending
approval of their settlement in Alameda Superior Court.
-- The hearing on Plaintiffs' motion for class certification
scheduled for June 3, 2024, is vacated.
Siemens provides engineering and technological solutions.
A copy of the Court's order dated May 21, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=7xY8V5 at no extra
charge.[CC]
SOFIA CASHMERE: Website Inaccessible to Blind, Jones Suit Says
--------------------------------------------------------------
DAMON JONES, on behalf of himself and all others similarly situated
v. Sofia Cashmere, LLC, Case No. 1:24-cv-03706 (S.D.N.Y., May 14,
2024) sues the Defendant for failing to design, construct,
maintain, and operate their website "Sofiacashmere.com" to be fully
accessible to and independently usable by the Plaintiff and other
blind or visually-impaired persons under the Americans with
Disabilities Act.
According to the complaint, the Defendant is denying blind and
visually impaired persons throughout the United States with equal
access to the goods and services Sofia Cashmere provides to their
non-disabled customers through its website. The Plaintiff browsed
and intended to make an online purchase of a lightweight wrap on
Sofiacashmere.com. Navigating through offered products, the
Plaintiff tried to purchase the Monaco Lightweight Cashmere Wrap
but encountered many accessibility issues such unlabeled buttons,
non-descriptive images, and others. As a result, his browsing
experience prevented him from purchasing the product and proceeding
to Checkout, says the suit.
The Plaintiff seeks a permanent injunction to cause a change in
Sofia Cashmere's policies, practices, and procedures so that the
Defendant's website will become and remain accessible to blind and
visually-impaired consumers. This complaint also seeks compensatory
damages to compensate Class members for having been subjected to
unlawful discrimination.
Sofia Cashmere offers a variety of cashmere products, including
coats, capes, sweaters, lightweight wraps, hats, gloves, throws,
blankets, and pillows.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
MARS KHAIMOV LAW, PLLC
100 Duffy Avenue, Suite 510
Hicksville, NY 11801
Telephone: (929) 324-0717
Facsimile: (929) 333-7774
E-mail: mars@khaimovlaw.com
SOUND SEAL: Filing for Conditional Class Cert. Extended to August 9
-------------------------------------------------------------------
In the class action lawsuit captioned as Sanchez Maldonado v. Sound
Seal, Inc., Case No. 3:23-cv-30115 (D. Mass., Filed Oct. 27, 2023),
the Hon. Judge Mark G. Mastroianni entered an order granting the
parties joint motion to enlarge scheduling dates.
-- The deadline for the service of June 17, 2024
interrogatories related to conditional
and/or class certification is extended to:
-- The deadline for the filing of plaintiff's Aug. 9, 2024
motion for conditional class certification
is extended to:
-- The deadline for the filing of defendant's Sept. 9, 2024
opposition to conditional class certification
is extended to:
-- The deadline for the filing of a reply, Sept. 23,
2024
if any, is extended to:
The suit alleges violation of the Fair Labor Standards Act (FLSA).
Sound Seal is a manufacturer of industrial & architectural acoustic
sound control products.[CC]
SOUTHWEST HEALTH: Filing for Class Cert Bid Extended to August 21
-----------------------------------------------------------------
In the class action lawsuit captioned as Colvin, Zachary v.
Southwest Health Center, Inc., Case No. 3:23-cv-00303 (W.D. Wisc.,
Filed May 10, 2023), the Hon. Judge William M. Conley entered an
order granting in part motion for stay of the deadlines until the
parties finalize settlement terms and intend to file their
settlement papers with the court by July 31, 2024.
-- The deadline to file any motion to certify class under Rule 23
is
extended until Aug. 21, 2024.
-- All other deadlines remain in place.
The suit alleges violation of the Fair Labor Standards Act (FLSA).
Southwest Health provides general medical and surgical hospital
services.[CC]
SOUTHWOOD REALTY: Fails to Pay Proper Wages, Hubbard Suit Says
--------------------------------------------------------------
JUSTIN HUBBARD, individually and on behalf of all others similarly
situated, Plaintiff v. SOUTHWOOD REALTY COMPANY, Defendant, Case
No. 3:24-cv-00481 (W.D.N.C., May 15, 2024) challenges Defendant's
violations of the Fair Labor Standards Act.
The Plaintiff was employed by Defendant as a non-exempt Maintenance
Supervisor in Knoxville, TN from approximately July 5, 2022,
through March 2024. Allegedly, Plaintiff was subjected to
Defendant's longstanding policy of automatically deducting 30
minutes of pay from employees for a meal period, even when they did
not take a bonafide meal period, which results in failure to
compensate non-exempt employees for all work performed. In
addition, the Defendant also fails to incorporate nondiscretionary
bonuses into the calculation of the regular rate for the purposes
of calculation of Plaintiff's and putative Collective member's
overtime rates of pay, thereby resulting in the underpayment of
overtime wages, says the suit.
Headquartered in Gastonia, NC, Southwood Realty Company owns and
manages hundreds of properties across the United States. [BN]
The Plaintiff is represented by:
John Nestico, Esq.
SCHNEIDER WALLACE COTTRELL KONECKY LLP
6000 Fairview Rd., Suite 1200
Charlotte, NC 28210
Telephone: (415) 421-7100
Facsimile: (415) 421-7105
E-mail: jnestico@schneiderwallace.com
- and -
Carolyn H. Cottrell, Esq.
Robert E. Morelli, III, Esq.
SCHNEIDER WALLACE COTTRELL KONECKY LLP
2000 Powell Street. Suite 1400
Emeryville, CA 94608
Telephone: (415) 421-7100
Facsimile: (415) 421-7105
E-mail: ccottrell@schneiderwallace.com
rmorelli@schneiderwallace.com
STAT COURIER: Class Certification Discovery Due August 23
---------------------------------------------------------
In the class action lawsuit captioned as JEMISON v. STAT COURIER,
INC. et al., Case No. 2:22-cv-01322 (W.D. Pa., Filed Sept. 15,
2022), the Hon. Judge W. Scott Hardy entered an order granting
Joint Rule 6(b) motion to extend deadline to complete discovery.
-- Class Certification Discovery shall now Aug. 23. 2024
be completed by:
-- Plaintiff's expert reports as to class Sept. 23. 2024
certification shall be disclosed on or
before:
-- Defendant's expert reports as to class Aug. 23, 2024
certification shall be disclosed by:
-- Depositions of class certification Aug. 23, 2024
experts shall be completed by:
-- A telephonic Post-Discovery Status Aug. 26, 2024
Conference is set for:
The suit alleges violation of the Fair Labor Standards Act (FLSA).
STAT offers a full range of courier services and specializes in
same-day courier deliveries.[CC]
STEVEN MADDEN: Wilkins ADA Suit Removed to E.D. Pa.
---------------------------------------------------
The case styled ANDREW WILKINS, on behalf of himself and all others
similarly situated, Plaintiff v. STEVEN MADDEN, Ltd. Defendant,
Case No. 2024-01552-TT, was removed from the Pennsylvania the Court
of Common Pleas, Chester County, to the United States District
Court for the Eastern District of Pennsylvania on May 8, 2024.
The Clerk of Court for the Eastern District of Pennsylvania
assigned Case No. 2:24-cv-01952 to the proceeding.
In her Complaint, the Plaintiff alleges violation of the Americans
with Disabilities Act, individually and on behalf of others
similarly situated.
Steven Madden, Ltd. is a publicly traded company that designs and
markets shoes and fashion accessories.[BN]
The Plaintiff is represented by:
Eileen K. Keefe, Esq.
JACKSON LEWIS P.C.
Three Parkway
1601 Cherry Street, Suite 1350
Philadelphia, PA 19102
Telephone: (267) 319-7802
E-mail: Eileen.keefe@jacksonlewis.com
STRONG MAN: Hernandez Sues Over Labor Law Breaches
--------------------------------------------------
VICENTE HERNANDEZ, on behalf of himself and on behalf of all others
similarly situated, Plaintiff v. STRONG MAN PROTECTION SERVICES LLC
and ERIC HARRISON, Defendants, Case No. 4:24-cv-01791 (S.D. Tex.,
May 13, 2024) arises out of Defendants' alleged violations of the
Fair Labor Standards Act.
The Plaintiff worked for Defendants from approximately November of
2023 to May of 2024 as a security officer. He typically worked 9 to
10 hour days for Defendants five or six days a week. He also
routinely worked double shifts that equated into work weeks in
excess of 80 hours. However, Defendants paid Plaintiff hourly but
did not pay him overtime. Additionally, Defendants also underpaid
Plaintiff in certain weeks when Defendants deducted the costs of
Plaintiff's security officer certifications from his pay, says the
suit.
Strong Man Protection Services LLC provides armed and unarmed
security officers, patrol vehicles, and security services to
various business across the city of Houston and other locations
throughout the state of Texas. [BN]
The Plaintiff is represented by:
Beatriz-Sosa Morris, Esq.
SOSA-MORRIS NEUMAN, PLLC
4151 Southwest Freeway, Suite 515
Houston, TX 77027
Telephone: (281) 885-8844
Facsimile: (281) 885-8813
E-mail: BSosaMorris@smnlawfirm.com
- and -
John Neuman, Esq.
SOSA-MORRIS NEUMAN, PLLC
4151 Southwest Freeway, Suite 515
Houston, TX 77027
Telephone: (281) 885-8630
Facsimile: (281) 885-8813
E-mail: JNeuman@smnlawfirm.com
STUBHUB INC: Website Inaccessible to Blind, Tarr Suit Claims
------------------------------------------------------------
ELLEN ELIZABETH TARR, on behalf of herself and all others similarly
situated v. StubHub, Inc., Case No. 1:24-cv-03697 (S.D.N.Y., May
14, 2024) alleges that the Defendant failed to design, construct,
maintain, and operate their website "Stubhub.com" to be fully
accessible to and independently usable by the Plaintiff and other
blind or visually-impaired persons, in violation of the the
Americans with Disabilities Act.
According to the complaint, the Defendant is denying blind and
visually impaired persons throughout the United States with equal
access to the goods and services StubHub provides to their
non-disabled customers through their website. The Plaintiff browsed
and intended to make an online purchase of a ticket for a BBMak
concert on Stubhub.com. However, because of numerous accessibility
issues on the website, particularly because of inaccessible
interactive elements, she was unable to purchase a ticket for the
desired event, the suit says.
The Plaintiff seeks a permanent injunction to cause a change in
StubHub's policies, practices, and procedures so that the
Defendant's website will become and remain accessible to blind and
visually-impaired consumers. This complaint also seeks compensatory
damages to compensate Class members for having been subjected to
unlawful discrimination.
The Plaintiff is a visually-impaired and legally blind person who
requires screen-reading software to read website content using her
computer.
StubHub is an American ticket exchange and resale company.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
MARS KHAIMOV LAW, PLLC
100 Duffy Avenue, Suite 510
Hicksville, NY 11801
Telephone: (929) 324-0717
Facsimile: (929) 333-7774
E-mail: mars@khaimovlaw.com
SUNDANCE HOLDINGS: Competello Sues Over Blind-Inaccessible Website
------------------------------------------------------------------
SUSAN COMPETELLO, on behalf of herself and all others similarly
situated, Plaintiff v. SUNDANCE HOLDINGS GROUP, LLC, d/b/a
www.sundancecatalog.com, Defendant, Case No. 1:24-cv-03567
(S.D.N.Y., May 9, 2024) is a civil action against Defendant for
their failure to design, construct, maintain, and operate the
Defendant's website, www.sundancecatalog.com, to be fully
accessible to and independently usable by Plaintiff and other blind
or visually-impaired people in violation of the Americans with
Disabilities Act.
The Plaintiff was allegedly injured when attempting to access
Defendant's website on January 21, 2024, from her home in New York
County. She attempted to scroll through this section of the website
in order to discover products' available colors, sizes, textures,
and pricing. However, Plaintiff was unable to effectively navigate
through these sections because many of the images displayed therein
lacked "Alt. Text," (alternative text) or descriptive elements,
preventing Plaintiff's understanding of the Webpage content, says
the suit.
Sundance Holdings Group, LLC operates as a holding company. The
Company, through its subsidiaries, retails apparel and household
products such as shirts, sweaters, skirts, pants, bags, footwear,
bracelets, necklaces, watches, rings, furniture, jars, rugs,
candles, pillows, and gifts.[BN]
The Plaintiff is represented by:
Jon L. Norinsberg, Esq.
Bennitta L. Joseph, Esq.
JOSEPH & NORINSBERG, LLC
110 East 59th Street, Suite 2300
New York, NY 10022
Telephone: (212) 227-5700
Facsimile: (212) 656-1889
E-mail: jon@norinsberglaw.com
bennitta@employeejustice.com
TALIS BIOMEDICAL: Parties Seek Dissemination of Class Notice
------------------------------------------------------------
In the class action lawsuit RE TALIS BIOMEDICAL SECURITIES
LITIGATION, Case No. 3:22-cv-00105-SI (N.D. Cal.), the Parties ask
the Court to enter an order regarding dissemination of class
notice.
1. On Feb. 9, 2024, the Court certified this action as a class
action under Rule 23 of the Federal Rules of Civil
Procedure.
2. The Class consists of:
"All persons or entities that purchased or otherwise acquired
common stock issued by Talis pursuant and/or traceable to the
registration statement and prospectus issued in connection
with
the Company's Feb. 11, 2021, initial public offering between
Feb. 11, 2021 and Aug. 11, 2021, inclusive, and were damaged
thereby."
Excluded from the Class are (i) Defendants and any affiliates
or
subsidiaries thereof; (ii) present and former officers and
directors of Talis and its subsidiaries or affiliates, and
their
immediate family members (as defined in Item 404 of SEC
Regulation SK, 17 C.F.R. section 229.404, Instructions
(1)(a)(iii) & (1)(b)(ii)); (iii) Defendants' liability
insurance
carriers, and any affiliates or subsidiaries thereof; (iv)
any
entity in which any Defendant has or has had a controlling
agents, successors, or assigns of any person or entity
described
in the preceding five categories.
3. The firm of A.B. Data, Ltd. is appointed and authorized to
supervise and administer the notice procedure.
A copy of the Parties' motion dated May 21, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=fXhY71 at no extra
charge.[CC]
The Plaintiff is represented by:
Joseph A. Fonti, Esq.
Evan A. Kubota, Esq.
Lesley E. Weaver
BLEICHMAR FONTI & AULD LLP
300 Park Avenue, Suite 1301
New York, NY 10022
Telephone: (212) 789-1340
Facsimile: (212) 205-3960
E-mail: jfonti@bfalaw.com
ekubota@bfalaw.com
lweaver@bfalaw.com
- and -
Brian Schall, Esq.
THE SCHALL LAW FIRM
2049 Century Park East, Suite 2460
Los Angeles, California 90067
Telephone: (424) 303-1964
E-mail: brian@schallfirm.com
- and -
Jennifer Pafiti, Esq.
Jeremy A. Lieberman
J. Alexander Hood II
James M. LoPiano
Jonathan D. Park
POMERANTZ LLP
1100 Glendon Avenue, 15th Floor
Los Angeles, CA 90024
Telephone: (310) 405-7190
Facsimile: (212) 661-8665
E-mail: jpafiti@pomlaw.com
jalieberman@pomlaw.com
ahood@pomlaw.com
jlopiano@pomlaw.com
jpark@pomlaw.com
The Defendants are represented by:
Patrick E. Gibbs, Esq.
Shannon M. Eagan, Esq.
Jessie Simpson LaGoy, Esq.
Zachary Sisko, Esq.
COOLEY LLP
3175 Hanover Street
Palo Alto, CA 94304
Telephone: (650) 843-5000
Facsimile: (650) 849-7400
E-mail: pgibbs@cooley.com
seagan@cooley.com
jsimpsonlagoy@cooley.com
zsisko@cooley.com
TD BANK: Settlement in Burns Suit Gets Initial Approval
-------------------------------------------------------
In the class action lawsuit captioned as KYLE BURNS, RUBY HAYES,
JASIMINE NORVILLE, and LISA RODRIGUEZ, on behalf of themselves and
all others similarly situated, v. TD BANK, N.A., Case No.
1:21-cv-18194-KMW-AMD (D.N.J.), the Hon. Judge Karen Williams
entered an order granting the Plaintiffs' unopposed motion for
preliminary approval of the settlement, conditional certification
of the settlement class, and approval of notice plan.
TD Bank offers online banking, mortgages, loans, insurance, and
investment management services.
A copy of the Court's order dated May 17, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=4psyqQ at no extra
charge.[CC]
TD BANK: Settlement in KRMS Farms Suit Wins Initial Nod
-------------------------------------------------------
In the class action lawsuit captioned as AMAZING FISHSTORE LLC
d/b/a KRMS FARMS and WILDER MEDIA CT, on behalf of themselves and
all others similarly situated, v. TD BANK, N.A., Case No.
1:22-cv-00958-KMW-AMD (D.N.J.), the Hon. Judge Karen Williams
entered an order granting the Plaintiffs' unopposed motion for
preliminary approval of the settlement, conditional certification
of the settlement class, and approval of notice plan.
TD Bank offers online banking, mortgages, loans, insurance, and
investment management services.
A copy of the Court's order dated May 17, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=3wRith at no extra
charge.[CC]
TECO ENERGY: Seeks More Time to File Class Cert Bid Opposition
--------------------------------------------------------------
In the class action lawsuit captioned as Alejandro Roche,
individually and on behalf of all others similarly situated, v.
TECO Energy, Inc. and TECO Energy Group Retirement Plan, Case No.
8:23-cv-01571-CEH-CPT (M.D. Fla.), the Defendants ask the Court to
enter an order granting the Defendants' unopposed motion and
extending the deadline for the Defendants to file a response to the
Plaintiff's motion to certify class through June 20, 2024.
The requested extension would permit a more thorough response to
the Plaintiff's motion to certify class. Ms. Kleinstuber has not
yet been deposed and has not yet produced any reports; Defendants
seek additional time to properly address the opinions she offers in
support of Plaintiff’s motion. An extension would grant the
Defendants time to fully evaluate these opinions and, if necessary,
to engage the services of other experts.
On May 15, 2024, the Plaintiff filed his motion for class
certification.
On April 29, 2024, the Plaintiff supplemented his initial
disclosures to identify Ellen Kleinstuber, an actuary, as an expert
witness.
On May 7, 2024, the Defendants' counsel emailed the Plaintiff's
counsel to ask whether Ms. Kleinstuber’s opinions would be used
to support the Plaintiff's motion to certify class and whether
Defendants might be granted two additional weeks to respond to the
motion under the circumstances.
On May 8, 2024, the Plaintiff's counsel confirmed their intention
to offer a declaration from Ms. Kleinstuber in support of
Plaintiff's motion and expressed that the Plaintiff would not
object to the requested extension.
TECO is an energy-related holding company.
A copy of the Defendants' motion dated May 17, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=7zatwN at no extra
charge.[CC]
The Defendants are represented by:
JACKSON LEWIS P.C.
RenE E. Thorne, Esq.
Robert W. Rachal, Esq.
Alex E. Hotard, Esq.
Amy Kathleen Recla, Esq.
JACKSON LEWIS P.C.
601 Poydras Street, Suite 1400
New Orleans, LA 70130
Telephone: (504) 208-5827
Facsimile: (504) 208-1759
E-mail: Rene.thorne@jacksonlewis.com
Robert.Rachal@jacksonlewis.com
Alex.Hotard@jacksonlewis.com
Amy.Recla@jacksonlewis.com
TELLURIDE RESORT: Alvarez Suit Seeks to Certify Class of Workers
----------------------------------------------------------------
In the class action lawsuit captioned as KARINA RUIZ ALVAREZ, KARLA
GONZALEZ VELEZ, GABRIELA MOCTEZUMA CASTILLO, and AMELIA COLON
CHAIREZ, on their own behalf and on behalf of all others similarly
situated, v. TELLURIDE RESORT PARTNERS, LLC d/b/a MADELINE HOTEL &
RESIDENCES, Case No. 1:23-cv-00354-JLK-MEH (D. Colo.), the
Plaintiffs ask the Court to enter an order:
1. Granting certification to a class defined as:
"All individuals who worked at the Madeline Hotel and
Residence
Pursuant to H-2B guestworker visas acquired by Mountain
Premier
Cleaning, LLC between Feb. 7, 2020 and the present;"
2. Appointing the Plaintiffs Karina Ruiz Alvarez, Karla Gonzalez
Velez, Gabriela Moctezuma Castillo and Amelia Colon Chairez
as
Class Representatives;
3. Appointing Andrew H. Turner, Alexander Hood and David
Seligman
as Class Counsel;
4. Approving the Proposed Notice and Exclusion Form submitted as
Exhibit 15; and
5. Requiring Class Counsel to disseminate the approved Notice
and
Exclusion form to the identified Class Members via postal
mail,
email and text message within 30 days after issuance of the
Order deciding this motion.
In sum, Plaintiffs' claims are typical because they "challenge[]
the same conduct that would be challenged by the class."
The Plaintiffs assert rest break and overtime claims on behalf of
the class. The representative Plaintiffs further allege that they
and the class they allege were deprived of overtime wages they are
due.
On Oct. 24, 2023, Magistrate Judge Hegarty presided over a
settlement conference which resulted in a proposed class action
settlement agreement, resolving all claims alleged by the named
Plaintiffs and putative class at issue here against the MPC
Defendants.
The Plaintiffs worked at the Madeline Hotel and Residences pursuant
to H2B guestworker visas obtained by Mountain Premier Cleaning
Services, LLC.
Telluride operates Madeline Hotel.
A copy of the Plaintiffs' motion dated May 20, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=TGAqHe at no extra
charge.[CC]
The Plaintiffs are represented by:
Andrew H. Turner, Esq.
MILSTEIN TURNER, PLLC
1490 Lafayette St. #304
Denver, CO. 80218
Telephone: (303) 305-8230
E-mail: andrew@milsteinturner.com
- and -
Alexander Hood, Esq.
David Seligman, Esq.
TOWARDS JUSTICE
303 E 17th Ave.
Denver, CO 80203
Telephone: (720) 441-2236
Facsimile: (303) 957-2289
E-mail: david@towardsjustice.org
alex@towardsjustice.org
UNITED SEATING: Walker Sues Over Unprotected Personal Info
----------------------------------------------------------
DULCIE WALKER, individually and on behalf of all others similarly
situated, Plaintiff v. UNITED SEATING AND MOBILITY, LLC d/b/a
NUMOTION, Defendant, Case No. 3:24-cv-00581 (M.D. Tenn., May 8,
2024) seeks monetary damages and injunctive and declaratory relief
arising from Defendant's failure to safeguard the personally
identifiable information and protected health information of its
customers, which resulted in unauthorized access to its information
systems between February 29, 2024 and March 2, 2024, and the
compromised and unauthorized disclosure of that private
information, causing widespread injury and damages to Plaintiff and
the proposed members.
According to the complaint, the Defendant detected unusual activity
in its computer systems and ultimately determined that an
unauthorized third party accessed its network and obtained certain
files from its systems between February 29, 2024 and March 2, 2024.
As a result of the data breach, which Defendant failed to prevent,
the private information of Defendant's customers, including
Plaintiff and the proposed Class members, were stolen, including
their name, date of birth, equipment order details, supporting
medical documentation, and medical insurance information, says the
suit.
The Plaintiff brings causes of action against Defendant for
negligence, negligence per se, breach of fiduciary duty, and breach
of implied contract, seeking an award of monetary damages and
injunctive and declaratory relief, resulting from Defendant's
failure to adequately protect their highly sensitive private
information.
United Seating and Mobility, LLC is a company headquartered in
Tennessee that provides products and services to individuals with
mobility limitations.[BN]
The Plaintiff is represented by:
Andrew J. Shamis, Esq.
SHAMIS & GENTILE P.A.
14 NE 1st Ave., Suite 705
Miami, FL 33132
Telephone: (305) 479-2299
- and -
Jeff Ostrow, Esq.
KOPELOWITZ OSTROW P.A.
One West Las Olas Blvd., Suite 500
Fort Lauderdale, FL 33301
Telephone: (954) 332-4200
E-mail: ostrow@kolawyers.com
UNIVERSITY OF OKLAHOMA: Johnson Sues Over Race-Based Student Aid
----------------------------------------------------------------
BRAYDEN JOHNSON, LOGAN RHINES, and KAYLA SAVAGE, individually, and
on behalf of all others similarly situated, Plaintiffs v. THE
UNIVERSITY OF OKLAHOMA; JOSEPH HARROZ, JR., President; JEFF
BLAHNIK, Vice President for Division of Enrollment Management &
Chief Enrollment Officer; COURTNEY HENDERSON, Executive Director of
Financial Aid Services; and DORION BILLUPS, Director of Connection
and Student Engagement, Defendants, Case No. 5:24-cv-00495-PRW
(W.D. Okla., May 15, 2024) alleges that the Defendants violated
Plaintiffs' and other Class members' rights under the Equal
Protection Clause of the Fourteenth Amendment and Title VI of the
Civil Rights Act of 1964.
According to the complaint, the University of Oklahoma receives
financial assistance from the federal government by enrolling
students who pay tuition, at least in part, with federal financial
aid. However, racial preferences continue to exist at the
University of Oklahoma. Rather than determining who to admit based
on their race, the University of Oklahoma determines how much
financial aid it gives to students based on their race. In
addition, University of Oklahoma operates and has operated a host
of race conscious programs. These programs, which give race-based
preferences to black students, begin before matriculation and
continue through graduation, says the suit.
The University of Oklahoma is a public educational institution
based in Norman, OK. [BN]
The Plaintiffs are represented by:
Ryan Haynie, Esq.
OKLAHOMA COUNCIL OF PUBLIC AFFAIRS
1401 N. Lincoln Blvd.
Oklahoma City, OK, 73104
Telephone: (405) 590-6070
E-mail: ryan@ocpathink.org
- and -
David H. Thompson, Esq.
Peter A. Patterson, Esq.
Samuel D. Adkisson, Esq.
Kate Hardiman, Esq.
COOPER & KIRK, PLLC
1523 New Hampshire Ave., N.W.
Washington, D.C., 20036
Telephone: (202) 220-9600
Facsimile: (202) 220-9601
E-mail: dthompson@cooperkirk.com
URBANI TRUFFLES: Jackson Sues Over Blind-Inaccessible Website
-------------------------------------------------------------
SYLINIA JACKSON, on behalf of herself and all other persons
similarly situated, Plaintiff v. URBANI TRUFFLES USA CORPORATION,
Defendant, Case No. 1:24-cv-03747 (S.D.N.Y., May 15, 2024) arises
from Defendant's failure to design, construct, maintain, and
operate its interactive website to be fully accessible to and
independently usable by Plaintiff and other blind or
visually-impaired persons and alleges that Defendant's denial of
full and equal access to its Website is a violation of Plaintiff's
rights under the Americans with Disabilities Act, the New York
State Human Rights Law, and the New York City Human Rights Law.
By failing to make its Website available in a manner compatible
with computer screen reader programs, Defendant deprives blind and
visually-impaired individuals the benefits of its online goods,
content, and services -- all benefits it affords nondisabled
individuals -- thereby increasing the sense of isolation and stigma
among those persons that Title III was mean to redress, says the
suit.
Urbani Truffles USA Corporation operates the Urbani online retail
store accessible at https://www.urbani.com, which offers gourmet
food products and accessories. [BN]
The Plaintiff is represented by:
Dana L. Gottlieb, Esq.
Michael A. LaBollita, Esq.
Jeffrey M. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES PLLC
150 East 18th Street, Suite PHR
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
E-mail: Dana@Gottlieb.legal
Michael@Gottlieb.legal
Jeffrey@Gottlieb.legal
US IMMIGRATION: Court Junks Jimenez Suit
----------------------------------------
In the class action lawsuit captioned as VICTOR JIMENEZ, et al., v.
U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, et al., Case No.
1:23-cv-06353-RMI (N.D. Cal.), the Hon. Judge Robert Illman entered
an order:
-- granting the Defendants' motion to dismiss because the court
finds
that the Plaintiffs' claims are based solely on harms stemming
from events that have not yet occurred and may very well never
occur; and
-- dismissing the Plaintiffs' First Amended Complaint with leave
to
amend because it is not clear that leave to amend is incapable
of
remedying the defects.
The Plaintiffs shall have 60 days within which to file a Second
Amended Complaint. Because Plaintiffs' operative complaint has been
dismissed, their Motions for Preliminary Injunction and Class
Certification are denied.
The Plaintiffs Victor Jimenez, Venancio Esteban Riego, and Jose
Orozco Cuevas, bring this case on behalf of themselves and other
similarly situated persons and claim that Defendants (two named
officials of U.S. Immigration and Customs Enforcement) ("ICE") have
failed to provide frequent testing for COVID-19 and antiviral
medications to medically vulnerable immigrants detained at the
Golden State Annex.
US Immigration enforces federal laws governing border control,
customs, trade, and immigration.
A copy of the Court's order dated May 20, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=KaEVKS at no extra
charge.[CC]
USA TODAY: Stevens Wins Class Certification Bid
-----------------------------------------------
In the class action lawsuit captioned as MATTHEW STEVENS,
individually and on behalf of all others similarly situated, v. USA
TODAY SPORTS MEDIA GROUP, LLC & GANTLET CO., INC, Case No.
1:24-cv-00483-MSN-LRV (E.D. Va.), the Hon. Judge Michael Nachmanoff
entered an order granting the Plaintiff's motion for conditional
certification.
-- The action is conditionally certified pursuant to 29 U.S.C.
section 216(b) on behalf of the following:
"All current or former Site Editors who performed work in the
United States for USA Today Sports Media Group within the past
three years and who were classified as independent contractors
(collectively "Site Editors" or the "FLSA Class").
USA Today provides the latest sports news, scores, schedules,
stats, odds and more for the NFL, MLB, NBA, NHL, college sports and
more.
A copy of the Court's order dated May 17, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=rjr2Wy at no extra
charge.[CC]
VIAQUEST RESIDENTIAL: Filing for Class Cert Bid Extended to Nov. 15
-------------------------------------------------------------------
In the class action lawsuit captioned as KENNETH SIMMONS, v.
VIAQUEST RESIDENTIAL SERVICES, LLC, Case No. 2:23-cv-00201-SDM-EPD
(S.D. Ohio), the Hon. Judge Elizabeth A. Preston Deavers entered an
order granting the joint motion to extend case deadlines.
The parties shall have until Nov. 15, 2024 to file a class
certification motion, until Nov. 15, 2024 to file dispositive
motions, and until Oct. 15, 2024 to conduct discovery.
ViaQuest provides support to individuals with developmental
disabilities in their homes.
A copy of the Court's order dated May 20, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=elvvdj at no extra
charge.[CC]
WAYNE COUNTY, MI: Class Cert Discovery Due August 9
---------------------------------------------------
In the class action lawsuit captioned as MELISA INGRAM, STEPHANIE
WILSON, and ROBERT REEVES, v. COUNTY OF WAYNE, Case No.
2:20-cv-10288-GCS-EAS (E.D. Mich.), the Hon. Judge George Caram
Steeh entered an order that:
1. The Defendant shall substantially June 28, 2024
complete its production in response to
Plaintiffs' first set of requests
for production by Friday:
2. The parties shall complete class Aug. 9, 2024.
certification and fact discovery
by Friday:
3. After the completion of discovery, Sept. 9, 2024
Plaintiffs will have until Friday,
to file an amended motion for
class certification.
Plaintiffs Melisa Ingram, Stephanie Wilson, and Robert Reeves and
Defendant County of Wayne hereby stipulate and agree (i) that
Defendant will substantially complete its production in response to
Plaintiffs’ first set of requests for production by June 28,
2024; (ii) to extend the deadline for class certification discovery
to Friday, August 9, 2024; (iii) to complete fact discovery by
Friday, August 9, 2024; and (iv) that Plaintiffs will have 30 days
after the close of discovery to seek class certification.
Wayne County is located in southeastern Michigan, encompassing
approximately 623 square miles.
A copy of the Court's order dated May 21, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=hKxo22 at no extra
charge.[CC]
The Plaintiffs are represented by:
Kirby Thomas West, Esq.
Christian Lansinger, Esq.
Michael B. Soyfer, Esq.
INSTITUTE FOR JUSTICE
901 North Glebe Road, Suite 900
Arlington, VA 22203
Telephone: (703) 682-9320
E-mail: kwest@ij.org
clansinger@ij.org
msoyfer@ij.org
- and -
Barton Morris Jr., Esq.
LAW OFFICES OF BARTON MORRIS
520 North Main Street
Royal Oak, MI 48067
Telephone: (248) 541-2600
E-mail: barton@bartonmorris.com
The Defendant is represented by:
Theodore W. Seitz, Esq.
Nasseem S. Ramin, Esq.
DYKEMA GOSSETT PLLC
400 Renaissance Center
Detroit, MI 48243
Telephone: (313) 568-6800
E-mail: tseitz@dykema.com
nramin@dykema.com
WEBTPA EMPLOYER: Gullette and Burger Sue Over Private Data Breach
-----------------------------------------------------------------
BELINDA GULLETTE and LAWRENCE BURGER, on behalf of themselves and
all others similarly situated, Plaintiffs v. WEBTPA EMPLOYER
SERVICES, LLC, Defendant, Case No. 3:24-cv-01160-S (N.D. Tex., May
15, 2024) arises from Defendant's inadequate data security
practices that led to a data breach on April 18, 2023 to April 23,
2023.
During the said period, cybercriminals had an unfettered access to
WebTPA's former and current customers' highly private information
for an entire week. However, the data breach was not discovered by
WebTPA until eight months later, on December 28, 2023. In addition,
WebTPA's Breach Notice obfuscated the nature of the breach and the
threat it posed -- refusing to tell its employees how many people
were impacted, how the breach happened, or why it took the WebTPA
over a year to begin notifying victims that hackers had gained
access to highly sensitive personally identifiable information.
Accordingly, the Plaintiffs assert claims for negligence,
negligence per se, breach of implied contract, invasion of privacy,
unjust enrichment, and breach of fiduciary duty.
Based in Texas, WebTPA Employer Services, LLC is a third-party
insurance administrator that serves clients in industries across
the nation, including automotive, health, hospitality, finance, and
municipalities. [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
WEBTPA EMPLOYER: Harrell Sues Over Inadequate Data Security
-----------------------------------------------------------
DAVID HARRELL, individually and on behalf of all others similarly
situated, Plaintiff v. WEBTPA EMPLOYER SERVICES, LLC, Defendant,
Case No. 3:24-cv-01158-L (N.D. Tex., May 15, 2024) arises out of
Defendant's failures to implement reasonable and industry standard
data security practices to properly secure, safeguard, and
adequately destroy Plaintiff's and Class Members' sensitive
personal identifiable information that it had acquired and stored
for its business purposes.
The Defendant's data security failures allowed a targeted
cyberattack to compromise Defendant's network contained personally
identifiable information and protected health information of
Plaintiff and other individuals. The data breach occurred between
April 18, 2023, and April 23, 2023, and Defendant only began
sending notice letters to Class Members on May 8, 2024.
Accordingly, the Plaintiff asserts claims for negligence,
negligence per se, breach of third-party beneficiary contract,
unjust enrichment, and breach of fiduciary duty.
Based in Texas, WebTPA is a third-party administrator that provides
custom health plans for self-funded employer groups; hospitals
health plans; and administrative outsourcing services. [BN]
The Plaintiff is represented by:
Andrew J. Shamis, Esq.
SHAMIS & GENTILE, P.A.
14 NE 1st Ave, Suite 705
Miami, FL 33132
Telephone: (305) 479-2299
E-mail: ashamis@shamisgentile.com
WICHITA, KS: Class Action Settlement in Progeny Gets Initial Nod
----------------------------------------------------------------
In the class action lawsuit captioned as PROGENY, a program of
Destination Innovations, Inc., CHRISTOPHER COOPER, ELBERT COSTELLO,
MARTEL COSTELLO, and JEREMY LEVY, JR., on behalf of themselves and
others similarly situated, v. CITY OF WICHITA, KANSAS, Case No.
6:21-cv-01100-EFM (D. Kan.), the Hon. Judge Eric Melgren entered an
order granting the Parties' joint motion for preliminary approval
of class action settlement.
-- The parties must commence implementation May 31, 2024
of The Notice Plan at their own respective
expense by:
-- The parties will file with the Court July 12, 2024
affidavits certifying compliance with The
Notice Plan on or before:
-- The deadline for objections to the July 26, 2024
Settlement Agreement is:
The Court concludes that the method of notice proposed by the
parties is reasonable, comports with due process, and comprises the
best notice practicable under the circumstances.
On April 15, 2021, the Plaintiffs filed this class action pursuant
to 42 U.S.C. section 1983. The Plaintiffs challenged the
constitutionality of K.S.A. section 21-6313 et seq. and asserted
that the Wichita Police Department's ("WPD") policies and practices
implementing K.S.A. section 21-6313 et seq. through creating and
maintaining a database and/or list of individuals the WPD has
designated as gang members or associates.
On June 30, 2023, the Plaintiffs moved for class certification
pursuant to Rule 23(b)(2). The Court granted Plaintiffs' motion for
class certification, appointed Plaintiffs as class representatives,
and appointed Plaintiffs' counsel as class counsel.
The Court defined the certified class as follows:
"All living persons included in the Wichita Police Department's
Gang List or Gang Database as an Active or Inactive Gang Member
or
Gang Associate."
Wichita is the most populous city in the U.S. state of Kansas and
the county seat of Sedgwick County.
A copy of the Court's order dated May 17, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=QWZlH0 at no extra
charge.[CC]
YF FC OPERATIONS: Petrovich and Cardero Sue Over Unsolicited Texts
------------------------------------------------------------------
JENIEL PETROVICH and MAURICIO CARDERO, individually and on behalf
of all others similarly situated, Plaintiff v. YF FC OPERATIONS,
LLC, Defendant, Case No. 0:24-cv-60825-AHS (S.D. Fla., May 15,
2024) arises out of Defendant's alleged violations of the Telephone
Consumer Protection Act and the and the Florida Telephone
Solicitation Act.
Allegedly, the Defendant caused text messages to be transmitted to
Plaintiffs' cellular telephone numbers even after Plaintiffs'
opt-out requests. Moreover, the Defendant's refusal to honor
opt-out requests is indicative of Defendant’s failure to
implement a written policy for maintaining a do-not-call list and
to train its personnel engaged in telemarketing on the existence
and use of the do-not-call-list.
Based in Deerfield Beach, YF FC Operations owns and operates
YouFit Gyms, a chain of fitness clubs. [BN]
The Plaintiffs are represented by:
Andrew J. Shamis, Esq.
Christopher Berman, Esq.
SHAMIS & GENTILE P.A.
14 NE 1st Ave., Suite 705
Miami, FL 33132
Telephone: 305-479-2299
E-mail: ashamis@shamisgentile.com
cberman@shamisgentile.com
- and -
Scott Edelsberg, Esq.
EDELSBERG LAW P.A.
20900 NE 30th Ave., Suite 417
Aventura, FL 33180
Telephone: (786) 289-9471
(305) 975-3320
Facsimile: (786) 623-0915
E-mail: scott@edelsberglaw.com
- and -
Manuel S. Hiraldo, Esq.
HIRALDO P.A.
401 E. Las Olas Boulevard, Suite 1400
Ft. Lauderdale, FL 33301
Telephone: (954) 400-4713
E-mail: mhiraldo@hiraldolaw.com
*********
S U B S C R I P T I O N I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania,
USA, and Beard Group, Inc., Washington, D.C., USA. Rousel Elaine T.
Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L.
Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors.
Copyright 2024. All rights reserved. ISSN 1525-2272.
This material is copyrighted and any commercial use, resale or
publication in any form (including e-mail forwarding, electronic
re-mailing and photocopying) is strictly prohibited without prior
written permission of the publishers.
Information contained herein is obtained from sources believed to
be reliable, but is not guaranteed.
The CAR subscription rate is $775 for six months delivered via
e-mail. Additional e-mail subscriptions for members of the same
firm for the term of the initial subscription or balance thereof
are $25 each. For subscription information, contact
Peter A. Chapman at 215-945-7000.
*** End of Transmission ***