/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/240606.mbx C L A S S A C T I O N R E P O R T E R Thursday, June 6, 2024, Vol. 26, No. 114 Headlines 3M COMPANY: Haselden Sues Over Exposure to Toxic Aqueous Foams 3M COMPANY: Heard Sues Over Exposure to Toxic Chemicals 3M COMPANY: Holloway Sues Over Exposure to Toxic Aqueous Foams 3M COMPANY: Hughes Sues Over Exposure to Toxic Film-Forming Foams 3M COMPANY: Jethroe Sues Over Exposure to Toxic Chemicals & Foams ACCENTURE LLP: Faces Prince FLSA Suit Over Unpaid Overtime Wages ADAMAS PHARMA: $4.65MM Class Settlement to be Heard on Aug. 30 AK FUTURES: Lovelace Suit Removed to C.D. California ALDI INC: Baby Food Products Contains Toxins, Hoffman Alleges AMAZON.COM INC: Carlisle Seeks to Certify Rule 23 Classes ANDREW FOX: Finkelstein Sues Over False and Misleading Statements ATYG LLC: Djagharbekian Sues Over Unlawful Telemarketing Campaign BASIT MOTIWALA: Has Two-Week Extension to File Class Cert Response BLACKSTONE CONSULTING: Ulloa Suit Removed to C.D. California BUFFALO, NY: Black Love Seeks Class Certification CAPITAL ONE: Jensen Sues Over Unwanted Commercial Text Messages CENCORA INC: Fails to Prevent Data Breach, Lewis Alleges CENTENNIAL BANK: Autry's Bid to Consolidate Cases Partly Granted CENTENNIAL BANK: Barfield's Bid to Consolidate Cases Partly Granted CENTENNIAL BANK: Court Consolidates Cases for Discovery Purposes CENTENNIAL BANK: Martin's Bid to Consolidate Cases Partly Granted CHANGE HEALTHCARE: Ingraham Counseling Sues Over Data Breach COLE SHOWS AMUSEMENT: Lopez Sues Over Unpaid Wages CONSUMER CREDIT: Pinn Allowed Leave to Take Deposition DESIGNED RECEIVABLE: Djabi Files Suit in C.D. California DIDI GLOBAL: Class Cert Bid Filing in Chopra Due Jan. 6, 2025 DIDI GLOBAL: Class Cert Bid Filing in Hechler Due Jan. 6, 2025 DIDI GLOBAL: Class Cert Bid Filing in Kucharski Due Jan. 6, 2025 DIDI GLOBAL: Class Cert Filing in Securities Suit Due Jan. 6, 2025 DITMAR LOGISTICS: Fails to Provide Freight Bill Info, Stears Says DOONEY & BOURKE: Montiel Sues Over Failure to Pay Overtime Wages DREXEL BUILDING: Fails to Pay Proper Wages, Kidd Alleges EAD ENTERTAINMENT: Class Settlement in Lucente Wins Initial Nod ELITE NURSES: Mathews Suit Removed to D. Colorado ENJOY AM: Butler Sues to Recover Unpaid Overtime Compensation ENVIRONMENTAL LABORATORIES: Jackson Sues Over Web Inaccessibility EPOCH MEDIA GROUP: Bonner Suit Removed to C.D. California EQUIFAX WORKFORCE: GMI Sues Over Sherman Act Violation EXPERIAN INFO: Standing Order on Newly Assigned Cases Entered EXTRA SPACE: Heiting Suit Removed to C.D. California FAIRFAX COUNTY SCHOOL: M.S. Sues Over Failure to Secure Data FAVORITE WORLD: Minor Suit Removed to C.D. California FCA US LLC: Lynd Suit Transferred to E.D. New York FCA US: Teger Sues Over Sale of Vehicles with Defective Battery FINISH LINE: Wilkins Suit Removed to E.D. Pennsylvania FORD MOTOR: Burke Sues Over Defective Design & False Advertising FREEDOM BOAT CLUB: Copeland Files TCPA Suit in N.D. Florida GNC HOLDINGS: Moquete Suit Removed to W.D. Washington GOLD MEDAL: Wertz Suit Seeks Unpaid Overtime Wages for Drivers GOODPRESS PUBLISHING: Reardon Files TCPA Suit in N.D. Georgia GRAHAM COMPANIES: Pardo Sues Over Business' Accessibility Barriers GRAN LAGO: Pardo Sues Over ADA Violation GREYLOCK MCKINNON: Hammler Sues Over Failure to Secure PHI & PII GREYSTAR MANAGEMENT: Baker Sues Over Unlawful Taking of Deposits H.HOLDINGS LLC: Mortland Sues Over ADA Violation HENNESSY CAPITAL: Murphy Files Suit in Cal. Super. Ct. HIGHER EDUCATION: Coffey Files TCPA Suit in M.D. Florida HIGHTECHLENDING: Filing for Class Status Bid Continued to August 16 HOPE CREDIT: Filing for Class Cert Bid in Martinez Due Nov. 29 HSBC BANK USA: Charles Sues Over Unpaid Overtime Wages HYUNDAI CAPITAL: Filing for Class Cert Bid Extended to Oct. 25 I FUND DAILY: Landers Files TCPA Suit in M.D. Florida I HEALTH AND LIFE: Conn Files TCPA Suit in E.D. California INDEGENE INC: Plaintiff Must File Class Cert Bid by June 28 INSOMNIA COOKIES: Williams Bid to Certify Class Stricken INSULET CORP: Jones Seeks to Invalidate Unlawful Resignation Bylaw INTERNATIONAL SECURITY: St. Charles Sues Over Unpaid Wages ISPC INC: Calloway Files FCRA Suit in M.D. Florida JAMIN LEATHER: Pretrial Management Order Entered in Liz Class Suit KELLER WILLIAMS: Devlin Sues Over Breach of Contract KEVIN MURPHY USA: Jackson Sues Over Blind-Inaccessible Website KITE ENVIRONMENTAL: Moreno Suit Removed to S.D. Florida KNOX COUNTY, TN: Violates Rights of Detained Children, Suit Says KWAN HOON: Blind Can't Access Online Store, Wahab Suit Alleges LA-Z-BOY: Jacobs Sues Over False and Misleading Advertising LAS PRINCESAS: Lara Sues to Secure and Vindicate Labor Rights LEIDOS INC: Nicholson Sues to Recover Unpaid Overtime Wages LET'S EAT: Fails to Pay Proper Wages, Hossain Suit Alleges LYSBETH REALTY: Devia Sues Over Unpaid Overtime Wages MAXIMUM SECURITY: Dixon Suit Seeks Unpaid Wages for Security Guards MERCER COUNTY, PA: Discovery Completion Amended to June 28 NATIONAL LIFE INSURANCE: Matthews Files TCPA Suit in W.D. Virginia NCAA: Class Cert Filing in Colon Modified to Nov. 1 NCAA: Filing of Class Cert Bid in Smart Due Nov. 1 NISSAN NORTH: Sued Over Failure to Secure Personal Information NYC HARLEM: Class Settlement in Medina Gets Initial Nod OLLIE'S BARGAIN: Request for Leave to File Sur-reply OK'd PALMER ADMINISTRATIVE: Badolato Files TCPA Suit in M.D. Florida PHILADELPHIA DENTAL: Gomberg Sues Over Blind's Access to Website PRAI BEAUTY: Danso Seeks Blind Users' Equal Access to Website PRECISION PAINTING: Vickers Files TCPA Suit in E.D. New York RED TIGER: Judge Recommends Denying Ni Bid to Certify Class REGULATORY DATACORP: Carr Bid for Class Certification Tossed RIDGE WALLET: Fernandez Sues Over Online Store's Access Barriers RIGHT TIME: Valdez Suit Seeks Unpaid Overtime Wages for Painters S. MARTINELLI: Apple Juice Contains Arsenic, Seaman Suit Claims SAMPSON BLADEN: Parties in Gbete Must Complete Depositions by July SECOND DESI: Martin Sues Over Blind Users' Equal Access to Website SKECHERS USA: Dalton Sues Over Blind-Inaccessible Website SOUTHERN VALLEY: Garcia-Ramos Sues Over Unpaid Wages SOUTHWESTERN MEDICAL: Underpays Patient Care Assistants, Whipp Says TARGET CORPORATION: Halley Seeks to Certify Rule 23 Class TGC MS PHASE: Disabled Can't Access Property Properly, Pardo Claims TIM HOFER INC: Martinez Files Suit in Cal. Super. Ct VNGR BEVERAGE: Cobbs Sues Over False Advertising WEBMD LLC: Plaintiffs Seek to Certify Missouri and Kansas Class WEBTPA EMPLOYER: Fails to Safeguard Customers' Info, Strong Says ********* 3M COMPANY: Haselden Sues Over Exposure to Toxic Aqueous Foams -------------------------------------------------------------- Ryker Alan Haselden, and other similarly situated v. 3M COMPANY (f/k/a MINNESOTA MINING AND MANUFACTURING COMPANY); AGC CHEMICALS AMERICAS, INC.; ALLSTAR FIRE EQUIPMENT CO.; AMEREX CORPORATION; ARCHROMA U.S., INC.; ARKEMA, INC.; BASF CORPORATION; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER FIRE & SECURITY AMERICAS CORPORATION (f/k/a UTC FIRE & SECURITY AMERICAS CORPORATION, INC.); CARRIER GLOBAL CORPORATION; CB GARMENT, INC.; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS INCORPORATED; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DAIKIN AMERICA, INC.; DEEPWATER CHEMICALS, INC.; DUPONT DE NEMOURS, INC. (f/k/a DOWDUPONT, INC.); DYNAX CORPORATION; EIDP, INC. (f/k/a E.I. DU PONT DE NEMOURS AND COMPANY); FIRE-DEX, LLC; FIRE SERVICE PLUS, INC.; GLOBE MANUFACTURING COMPANY LLC.; HONEYWELL SAFETY PRODUCTS USA, INC.; INNOTEX CORP.; JOHNSON CONTROLS, INC.; KIDDE PLC, INC.; LION GROUP, INC.; L.N. CURTIS & SONS; MALLORY SAFETY AND SUPPLY LLC; MILLIKEN & COMPANY; MSA SAFETY, INC.; MUNICIPAL EMERGENCY SERVICES, INC.; NATIONAL FOAM, INC.; NATION FORD CHEMICAL COMPANY; PBI PERFORMANCE PRODUCTS, INC.; PERIMETER SOLUTIONS LP; RICOCHET MANUFACTURING CO., INC.; SAFETY COMPONENTS FABRIC TECHNOLOGIES, INC.; SOUTHERN MILLS, INC.; STEDFAST USA, INC.; THE CHEMOURS COMPANY; THE CHEMOURS COMPANY FC, LLC; TYCO FIRE PRODUCTS LP, AS SUCCESSOR-IN-INTEREST TO THE ANSUL COMPANY; UNITED TECHNOLOGIES CORPORATION (n/k/a RTX CORPORATION); VERIDIAN LIMITED; WITMER PUBLIC SAFETY GROUP, INC.; W.L. GORE & ASSOCIATES, INC., Case No. 2:24-cv-02002-RMG (D.S.C., April 17, 2024), is brought for damages for personal injury resulting from exposure to aqueous film-forming foams ("AFFF") containing the toxic chemicals collectively known as per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane sulfonic acid ("PFOS") and related chemicals including those that degrade to PFOA and/or PFOS. AFFF is a specialized substance designed to extinguish extremely hot fires involving materials like alcohol, petroleum greases, and other flammable or combustible liquids and gases ("Class B Fires"). AFFF has been used for decades by military and civilian firefighters to extinguish fires in training and in response to Class B Fires. TOG is personal protective equipment designed for heat and moisture resistance in order to protect firefighters in hazardous situations. Most turnout gear is made up of a thermal liner, moisture barrier, and an outer layer. The inner layers contain PFAS, and the outer layer is often treated with additional PFAS. The Defendants, individually and collectively, designed, marketed, developed, manufactured, distributed, released, trained users on, produced instructional materials for, promoted, sold, handled, used, and/or otherwise released into the stream of commerce AFFF or TOG or underlying chemicals that were added to AFFF or TOG, with knowledge that the AFFF or TOG or underlying chemicals contained highly toxic and biopersistent PFAS, which would expose end users of the product to the risks associated with PFAS. PFAS binds to proteins in the blood of humans exposed to it where it remains and persists over extended periods of time. Due to their unique chemical structure, PFAS accumulates in the blood and body of exposed individuals. PFAS are highly toxic and carcinogenic chemicals. Defendants knew, or should have known, that PFAS remains in the human body while contemporaneously presenting significant health risks to humans. The Defendants' PFAS-containing AFFF or TOG products were used by Plaintiff in their intended manner, without significant change in the products' condition. Plaintiff was unaware of the dangerous properties of the Defendants' AFFF or TOG products and relied on the Defendants' instructions as to the proper handling of the products. Plaintiff's consumption, inhalation and/or dermal absorption of PFAS from Defendants' AFFF and/or TOG products caused Plaintiff significant and devastating injury. Through this action, Plaintiff seeks to recover compensatory and punitive damages arising out of the permanent and significant damages sustained as a direct result of exposure to Defendants' AFFF or TOG products at several Fire Departments and or Military bases during Plaintiff's training and firefighting activities. Plaintiff further seeks injunctive, equitable, and declaratory relief arising from the same, says the complaint. The Plaintiff regularly used, and was thereby directly exposed to, AFFF and/or TOG in training and to extinguish fires during his working career as a military and/or civilian firefighter and was diagnosed with prostate cancer as a result of exposure to Defendants' AFFF and/or TOG products. The Defendants are designers, marketers, developers, manufacturers, distributors, releasers, instructors, promoters, and sellers of PFAS-containing AFFF or TOG products or underlying PFAS-containing chemicals used in the production of AFFF or TOG products.[BN] The Plaintiff is represented by: August J. Matteis, Jr., Esq. WEISBROD MATTEIS & COPLEY PLLC 3000 K Street, NW, Suite 275 Washington, DC 20007 Phone: (202) 499-7900 Facsimile: (202) 478-1795 - and - Jim Hood, Esq. 1022 Highland Colony Parkway, Ste 203 Ridgeland, MS 39157 Phone: (601) 803-5001 - and - Melissa R. Heidelberg, Esq. 1022 Highland Colony Parkway, Suite 203 Ridgeland, MS 39157 Phone: (601) 803-4063 3M COMPANY: Heard Sues Over Exposure to Toxic Chemicals ------------------------------------------------------- Antoine Heard, and others similarly situated v. 3M COMPANY (f/k/a Minnesota Mining and Manufacturing Company); BUCKEYE FIRE EQUIPMENT COMPANY; CHEMGUARD, INC.; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD,; CORTEVA, INC.; DU PONTE DE NEMOURS INC. (f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DU NEMOUR AND COMPANY; KIDDE-FENWAL, INC.; KIDDE PLC; NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as Successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.); Case No. 2:24-cv-02142-RMG (D.S.C., April 18, 2024), is brought for damages stemming from personal injury resulting from exposure to aqueous film-forming foams ("AFFF") and/or firefighter turnout gear ("TOG") containing the toxic chemicals collectively known as per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane sulfonic acid ("PFOS") and related chemicals including those that degrade to PFOA and/or PFOS. AFFF is a specialized substance designed to extinguish petroleum-based fires. It has been used for decades by military and civilian firefighters to extinguish fires in training and in response to Class B fires. The Defendants collectively designed, marketed, developed, manufactured, distributed, released, trained users, produced instructional materials, promoted, sold, and/or otherwise released into the stream of commerce AFFF with knowledge that it contained highly toxic and bio persistent PFASs, which would expose end users of the product to the risks associated with PFAS. Further, the Defendants designed, marketed, developed, manufactured, distributed, released, trained users, produced instructional materials, promoted, sold and/or otherwise handled and/or used underlying chemicals and/or products added to AFFF which contained PFAS for use in firefighting. PFAS binds to proteins in the blood of humans exposed to it where it remains and persists over extended periods of time. Due to their unique chemical structure, PFAS accumulates in the blood and body of exposed individuals. PFAS are highly toxic and carcinogenic chemicals. Defendants knew, or should have known, that PFAS remains in the human body while contemporaneously presenting significant health risks to humans. The Defendants' PFAS-containing AFFF or TOG products were used by Plaintiff in their intended manner, without significant change in the products' condition. Plaintiff was unaware of the dangerous properties of the Defendants' AFFF or TOG products and relied on the Defendants' instructions as to the proper handling of the products. Plaintiff's consumption, inhalation and/or dermal absorption of PFAS from Defendant's AFFF or TOG products caused Plaintiff to develop the serious medical conditions and complications alleged herein. Through this action, Plaintiff seeks to recover compensatory and punitive damages arising out of the permanent and significant damages sustained as a direct result of exposure to Defendants' AFFF or TOG products at several Fire Departments and or Military bases during Plaintiff's training and firefighting activities. Plaintiff further seeks injunctive, equitable, and declaratory relief arising from the same, says the complaint. The Plaintiff is a resident and citizen of Dallas, Texas due to personal injuries sustained as a result of exposure to Defendants' AFFF containing PFAS. The Defendants are designers, marketers, developers, manufacturers, distributors, releasers, instructors, promotors and sellers of PFAS containing AFFF products or underlying PFAS containing chemicals used in AFFF production.[BN] The Plaintiff is represented by: Madison T. Donaldson, Esq. Marc S. Whitehead, Esq. MARC WHITEHEAD & ASSOCIATES, LLP 403 Heights Boulevard Houston, TX 77007 Phone: 713-228-8888 Facsimile: 713-225-0940 3M COMPANY: Holloway Sues Over Exposure to Toxic Aqueous Foams -------------------------------------------------------------- William Holloway, and other similarly situated v. 3M COMPANY (f/k/a MINNESOTA MINING AND MANUFACTURING COMPANY); AGC CHEMICALS AMERICAS, INC.; ALLSTAR FIRE EQUIPMENT CO.; AMEREX CORPORATION; ARCHROMA U.S., INC.; ARKEMA, INC.; BASF CORPORATION; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER FIRE & SECURITY AMERICAS CORPORATION (f/k/a UTC FIRE & SECURITY AMERICAS CORPORATION, INC.); CARRIER GLOBAL CORPORATION; CB GARMENT, INC.; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS INCORPORATED; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DAIKIN AMERICA, INC.; DEEPWATER CHEMICALS, INC.; DUPONT DE NEMOURS, INC. (f/k/a DOWDUPONT, INC.); DYNAX CORPORATION; EIDP, INC. (f/k/a E.I. DU PONT DE NEMOURS AND COMPANY); FIRE-DEX, LLC; FIRE SERVICE PLUS, INC.; GLOBE MANUFACTURING COMPANY LLC.; HONEYWELL SAFETY PRODUCTS USA, INC.; INNOTEX CORP.; JOHNSON CONTROLS, INC.; KIDDE PLC, INC.; LION GROUP, INC.; L.N. CURTIS & SONS; MALLORY SAFETY AND SUPPLY LLC; MILLIKEN & COMPANY; MSA SAFETY, INC.; MUNICIPAL EMERGENCY SERVICES, INC.; NATIONAL FOAM, INC.; NATION FORD CHEMICAL COMPANY; PBI PERFORMANCE PRODUCTS, INC.; PERIMETER SOLUTIONS LP; RICOCHET MANUFACTURING CO., INC.; SAFETY COMPONENTS FABRIC TECHNOLOGIES, INC.; SOUTHERN MILLS, INC.; STEDFAST USA, INC.; THE CHEMOURS COMPANY; THE CHEMOURS COMPANY FC, LLC; TYCO FIRE PRODUCTS LP, AS SUCCESSOR-IN-INTEREST TO THE ANSUL COMPANY; UNITED TECHNOLOGIES CORPORATION (n/k/a RTX CORPORATION); VERIDIAN LIMITED; WITMER PUBLIC SAFETY GROUP, INC.; W.L. GORE & ASSOCIATES, INC., Case No. 2:24-cv-02145-RMG (D.S.C., April 18, 2024), is brought for damages for personal injury resulting from exposure to aqueous film-forming foams ("AFFF") containing the toxic chemicals collectively known as per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane sulfonic acid ("PFOS") and related chemicals including those that degrade to PFOA and/or PFOS. AFFF is a specialized substance designed to extinguish extremely hot fires involving materials like alcohol, petroleum greases, and other flammable or combustible liquids and gases ("Class B Fires"). AFFF has been used for decades by military and civilian firefighters to extinguish fires in training and in response to Class B Fires. TOG is personal protective equipment designed for heat and moisture resistance in order to protect firefighters in hazardous situations. Most turnout gear is made up of a thermal liner, moisture barrier, and an outer layer. The inner layers contain PFAS, and the outer layer is often treated with additional PFAS. The Defendants, individually and collectively, designed, marketed, developed, manufactured, distributed, released, trained users on, produced instructional materials for, promoted, sold, handled, used, and/or otherwise released into the stream of commerce AFFF or TOG or underlying chemicals that were added to AFFF or TOG, with knowledge that the AFFF or TOG or underlying chemicals contained highly toxic and biopersistent PFAS, which would expose end users of the product to the risks associated with PFAS. PFAS binds to proteins in the blood of humans exposed to it where it remains and persists over extended periods of time. Due to their unique chemical structure, PFAS accumulates in the blood and body of exposed individuals. PFAS are highly toxic and carcinogenic chemicals. Defendants knew, or should have known, that PFAS remains in the human body while contemporaneously presenting significant health risks to humans. The Defendants' PFAS-containing AFFF or TOG products were used by Plaintiff in their intended manner, without significant change in the products' condition. Plaintiff was unaware of the dangerous properties of the Defendants' AFFF or TOG products and relied on the Defendants' instructions as to the proper handling of the products. Plaintiff's consumption, inhalation and/or dermal absorption of PFAS from Defendants' AFFF and/or TOG products caused Plaintiff significant and devastating injury. Through this action, Plaintiff seeks to recover compensatory and punitive damages arising out of the permanent and significant damages sustained as a direct result of exposure to Defendants' AFFF or TOG products at several Fire Departments and or Military bases during Plaintiff's training and firefighting activities. Plaintiff further seeks injunctive, equitable, and declaratory relief arising from the same, says the complaint. The Plaintiff regularly used, and was thereby directly exposed to, AFFF and/or TOG in training and to extinguish fires during his working career as a military and/or civilian firefighter and was diagnosed with bladder cancer as a result of exposure to Defendants' AFFF and/or TOG products. The Defendants are designers, marketers, developers, manufacturers, distributors, releasers, instructors, promoters, and sellers of PFAS-containing AFFF or TOG products or underlying PFAS-containing chemicals used in the production of AFFF or TOG products.[BN] The Plaintiff is represented by: August J. Matteis, Jr., Esq. WEISBROD MATTEIS & COPLEY PLLC 3000 K Street, NW, Suite 275 Washington, DC 20007 Phone: (202) 499-7900 Facsimile: (202) 478-1795 - and - Jim Hood, Esq. 1022 Highland Colony Parkway, Ste 203 Ridgeland, MS 39157 Phone: (601) 803-5001 - and - Melissa R. Heidelberg, Esq. 1022 Highland Colony Parkway, Suite 203 Ridgeland, MS 39157 Phone: (601) 803-4063 3M COMPANY: Hughes Sues Over Exposure to Toxic Film-Forming Foams ----------------------------------------------------------------- John Arthur Hughes, and other similarly situated v. 3M COMPANY (f/k/a MINNESOTA MINING AND MANUFACTURING COMPANY); AGC CHEMICALS AMERICAS, INC.; ALLSTAR FIRE EQUIPMENT CO.; AMEREX CORPORATION; ARCHROMA U.S., INC.; ARKEMA, INC.; BASF CORPORATION; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER FIRE & SECURITY AMERICAS CORPORATION (f/k/a UTC FIRE & SECURITY AMERICAS CORPORATION, INC.); CARRIER GLOBAL CORPORATION; CB GARMENT, INC.; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS INCORPORATED; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DAIKIN AMERICA, INC.; DEEPWATER CHEMICALS, INC.; DUPONT DE NEMOURS, INC. (f/k/a DOWDUPONT, INC.); DYNAX CORPORATION; EIDP, INC. (f/k/a E.I. DU PONT DE NEMOURS AND COMPANY); FIRE-DEX, LLC; FIRE SERVICE PLUS, INC.; GLOBE MANUFACTURING COMPANY LLC.; HONEYWELL SAFETY PRODUCTS USA, INC.; INNOTEX CORP.; JOHNSON CONTROLS, INC.; KIDDE PLC, INC.; LION GROUP, INC.; L.N. CURTIS & SONS; MALLORY SAFETY AND SUPPLY LLC; MILLIKEN & COMPANY; MSA SAFETY, INC.; MUNICIPAL EMERGENCY SERVICES, INC.; NATIONAL FOAM, INC.; NATION FORD CHEMICAL COMPANY; PBI PERFORMANCE PRODUCTS, INC.; PERIMETER SOLUTIONS LP; RICOCHET MANUFACTURING CO., INC.; SAFETY COMPONENTS FABRIC TECHNOLOGIES, INC.; SOUTHERN MILLS, INC.; STEDFAST USA, INC.; THE CHEMOURS COMPANY; THE CHEMOURS COMPANY FC, LLC; TYCO FIRE PRODUCTS LP, AS SUCCESSOR-IN-INTEREST TO THE ANSUL COMPANY; UNITED TECHNOLOGIES CORPORATION (n/k/a RTX CORPORATION); VERIDIAN LIMITED; WITMER PUBLIC SAFETY GROUP, INC.; W.L. GORE & ASSOCIATES, INC., Case No. 2:24-cv-02153-RMG (D.S.C., April 18, 2024), is brought for damages for personal injury resulting from exposure to aqueous film-forming foams ("AFFF") containing the toxic chemicals collectively known as per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane sulfonic acid ("PFOS") and related chemicals including those that degrade to PFOA and/or PFOS. AFFF is a specialized substance designed to extinguish extremely hot fires involving materials like alcohol, petroleum greases, and other flammable or combustible liquids and gases ("Class B Fires"). AFFF has been used for decades by military and civilian firefighters to extinguish fires in training and in response to Class B Fires. TOG is personal protective equipment designed for heat and moisture resistance in order to protect firefighters in hazardous situations. Most turnout gear is made up of a thermal liner, moisture barrier, and an outer layer. The inner layers contain PFAS, and the outer layer is often treated with additional PFAS. The Defendants, individually and collectively, designed, marketed, developed, manufactured, distributed, released, trained users on, produced instructional materials for, promoted, sold, handled, used, and/or otherwise released into the stream of commerce AFFF or TOG or underlying chemicals that were added to AFFF or TOG, with knowledge that the AFFF or TOG or underlying chemicals contained highly toxic and biopersistent PFAS, which would expose end users of the product to the risks associated with PFAS. PFAS binds to proteins in the blood of humans exposed to it where it remains and persists over extended periods of time. Due to their unique chemical structure, PFAS accumulates in the blood and body of exposed individuals. PFAS are highly toxic and carcinogenic chemicals. Defendants knew, or should have known, that PFAS remains in the human body while contemporaneously presenting significant health risks to humans. The Defendants' PFAS-containing AFFF or TOG products were used by Plaintiff in their intended manner, without significant change in the products' condition. Plaintiff was unaware of the dangerous properties of the Defendants' AFFF or TOG products and relied on the Defendants' instructions as to the proper handling of the products. Plaintiff's consumption, inhalation and/or dermal absorption of PFAS from Defendants' AFFF and/or TOG products caused Plaintiff significant and devastating injury. Through this action, Plaintiff seeks to recover compensatory and punitive damages arising out of the permanent and significant damages sustained as a direct result of exposure to Defendants' AFFF or TOG products at several Fire Departments and or Military bases during Plaintiff's training and firefighting activities. Plaintiff further seeks injunctive, equitable, and declaratory relief arising from the same, says the complaint. The Plaintiff regularly used, and was thereby directly exposed to, AFFF and/or TOG in training and to extinguish fires during his working career as a military and/or civilian firefighter and was diagnosed with bladder cancer as a result of exposure to Defendants' AFFF and/or TOG products. The Defendants are designers, marketers, developers, manufacturers, distributors, releasers, instructors, promoters, and sellers of PFAS-containing AFFF or TOG products or underlying PFAS-containing chemicals used in the production of AFFF or TOG products.[BN] The Plaintiff is represented by: August J. Matteis, Jr., Esq. WEISBROD MATTEIS & COPLEY PLLC 3000 K Street, NW, Suite 275 Washington, DC 20007 Phone: (202) 499-7900 Facsimile: (202) 478-1795 - and - Jim Hood, Esq. 1022 Highland Colony Parkway, Ste 203 Ridgeland, MS 39157 Phone: (601) 803-5001 - and - Melissa R. Heidelberg, Esq. 1022 Highland Colony Parkway, Suite 203 Ridgeland, MS 39157 Phone: (601) 803-4063 3M COMPANY: Jethroe Sues Over Exposure to Toxic Chemicals & Foams ----------------------------------------------------------------- Bernard Jethroe, and other similarly situated v. 3M COMPANY (f/k/a MINNESOTA MINING AND MANUFACTURING COMPANY); AGC CHEMICALS AMERICAS, INC.; ALLSTAR FIRE EQUIPMENT CO.; AMEREX CORPORATION; ARCHROMA U.S., INC.; ARKEMA, INC.; BASF CORPORATION; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER FIRE & SECURITY AMERICAS CORPORATION (f/k/a UTC FIRE & SECURITY AMERICAS CORPORATION, INC.); CARRIER GLOBAL CORPORATION; CB GARMENT, INC.; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS INCORPORATED; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DAIKIN AMERICA, INC.; DEEPWATER CHEMICALS, INC.; DUPONT DE NEMOURS, INC. (f/k/a DOWDUPONT, INC.); DYNAX CORPORATION; EIDP, INC. (f/k/a E.I. DU PONT DE NEMOURS AND COMPANY); FIRE-DEX, LLC; FIRE SERVICE PLUS, INC.; GLOBE MANUFACTURING COMPANY LLC.; HONEYWELL SAFETY PRODUCTS USA, INC.; INNOTEX CORP.; JOHNSON CONTROLS, INC.; KIDDE PLC, INC.; LION GROUP, INC.; L.N. CURTIS & SONS; MALLORY SAFETY AND SUPPLY LLC; MILLIKEN & COMPANY; MSA SAFETY, INC.; MUNICIPAL EMERGENCY SERVICES, INC.; NATIONAL FOAM, INC.; NATION FORD CHEMICAL COMPANY; PBI PERFORMANCE PRODUCTS, INC.; PERIMETER SOLUTIONS LP; RICOCHET MANUFACTURING CO., INC.; SAFETY COMPONENTS FABRIC TECHNOLOGIES, INC.; SOUTHERN MILLS, INC.; STEDFAST USA, INC.; THE CHEMOURS COMPANY; THE CHEMOURS COMPANY FC, LLC; TYCO FIRE PRODUCTS LP, AS SUCCESSOR-IN-INTEREST TO THE ANSUL COMPANY; UNITED TECHNOLOGIES CORPORATION (n/k/a RTX CORPORATION); VERIDIAN LIMITED; WITMER PUBLIC SAFETY GROUP, INC.; W.L. GORE & ASSOCIATES, INC., Case No. 2:24-cv-02174-RMG (D.S.C., April 18, 2024), is brought for damages for personal injury resulting from exposure to aqueous film-forming foams ("AFFF") containing the toxic chemicals collectively known as per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane sulfonic acid ("PFOS") and related chemicals including those that degrade to PFOA and/or PFOS. AFFF is a specialized substance designed to extinguish extremely hot fires involving materials like alcohol, petroleum greases, and other flammable or combustible liquids and gases ("Class B Fires"). AFFF has been used for decades by military and civilian firefighters to extinguish fires in training and in response to Class B Fires. TOG is personal protective equipment designed for heat and moisture resistance in order to protect firefighters in hazardous situations. Most turnout gear is made up of a thermal liner, moisture barrier, and an outer layer. The inner layers contain PFAS, and the outer layer is often treated with additional PFAS. The Defendants, individually and collectively, designed, marketed, developed, manufactured, distributed, released, trained users on, produced instructional materials for, promoted, sold, handled, used, and/or otherwise released into the stream of commerce AFFF or TOG or underlying chemicals that were added to AFFF or TOG, with knowledge that the AFFF or TOG or underlying chemicals contained highly toxic and biopersistent PFAS, which would expose end users of the product to the risks associated with PFAS. PFAS binds to proteins in the blood of humans exposed to it where it remains and persists over extended periods of time. Due to their unique chemical structure, PFAS accumulates in the blood and body of exposed individuals. PFAS are highly toxic and carcinogenic chemicals. Defendants knew, or should have known, that PFAS remains in the human body while contemporaneously presenting significant health risks to humans. The Defendants' PFAS-containing AFFF or TOG products were used by Plaintiff in their intended manner, without significant change in the products' condition. Plaintiff was unaware of the dangerous properties of the Defendants' AFFF or TOG products and relied on the Defendants' instructions as to the proper handling of the products. Plaintiff's consumption, inhalation and/or dermal absorption of PFAS from Defendants' AFFF and/or TOG products caused Plaintiff significant and devastating injury. Through this action, Plaintiff seeks to recover compensatory and punitive damages arising out of the permanent and significant damages sustained as a direct result of exposure to Defendants' AFFF or TOG products at several Fire Departments and or Military bases during Plaintiff's training and firefighting activities. Plaintiff further seeks injunctive, equitable, and declaratory relief arising from the same, says the complaint. The Plaintiff regularly used, and was thereby directly exposed to, AFFF and/or TOG in training and to extinguish fires during his working career as a military and/or civilian firefighter and was diagnosed with non-Hodgkin lymphoma as a result of exposure to Defendants' AFFF and/or TOG products. The Defendants are designers, marketers, developers, manufacturers, distributors, releasers, instructors, promoters, and sellers of PFAS-containing AFFF or TOG products or underlying PFAS-containing chemicals used in the production of AFFF or TOG products.[BN] The Plaintiff is represented by: August J. Matteis, Jr., Esq. WEISBROD MATTEIS & COPLEY PLLC 3000 K Street, NW, Suite 275 Washington, DC 20007 Phone: (202) 499-7900 Facsimile: (202) 478-1795 - and - Stephen A. Weisbrod, Esq. WEISBROD MATTEIS & COPLEY PLLC Smith Tower 506 2nd Ave., Suite 1400 Seattle, WA 98104 Phone: (206) 990-0390 - and - Jim Hood, Esq. 1022 Highland Colony Parkway, Ste 203 Ridgeland, MS 39157 Phone: (601) 803-5001 - and - Melissa R. Heidelberg, Esq. 1022 Highland Colony Parkway, Suite 203 Ridgeland, MS 39157 Phone: (601) 803-4063 ACCENTURE LLP: Faces Prince FLSA Suit Over Unpaid Overtime Wages ---------------------------------------------------------------- LA'TAWN PRINCE, on behalf of himself and all others similarly situated, Plaintiff v. ACCENTURE LLP and MORTGAGE CADENCE, LLC, Defendants, Case No. 1:24-cv-01544 (D. Colo., May 31, 2024) is a class action against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standards Act. The Plaintiff worked for the Defendants as a Client Support Senior Analyst from 2012 through 2022. From 2016 through 2018, he did not work for the Defendants. In 2018, he began working for the Defendants fully remotely. Accenture LLP is a provider of management consulting and professional services, with corporate headquarters at 500 W. Madison St., Chicago, Illinois. Mortgage Cadence LLC is a wholly owned subsidiary of Accenture LLP, located at 1999 Broadway Ste. 1200, Denver, Colorado. [BN] The Plaintiff is represented by: Walker G. Harman, Jr., Esq. HARMAN GREEN PC 140 Broadway, Fl. 46 New York, NY 10005 Telephone: (646) 248-2288 Email: wharman@theharmanfirm.com ADAMAS PHARMA: $4.65MM Class Settlement to be Heard on Aug. 30 -------------------------------------------------------------- Glancy Prongay & Murray LLP on May 13 disclosed that the United States District Court for the Northern District of California has approved the following announcement of a proposed class action settlement that would benefit purchasers of the publicly traded common stock of Adamas Pharmaceuticals, Inc. (NASDAQ: ADMS): SUMMARY NOTICE OF (I) PENDENCY OF CLASS ACTION, CERTIFICATION OF SETTLEMENT CLASS, AND PROPOSED SETTLEMENT; (II) SETTLEMENT FAIRNESS HEARING; AND (III) MOTION FOR AN AWARD OF ATTORNEYS' FEES AND REIMBURSEMENT OF LITIGATION EXPENSES TO: All persons and entities who, during the period between August 8, 2017 and March 4, 2019, inclusive, purchased or otherwise acquired the publicly traded common stock of Adamas Pharmaceuticals, Inc. ("Adamas"), and were damaged thereby (the "Settlement Class"):1 Please read this notice carefully, your rights will be affected by a class action lawsuit pending in this court. YOU ARE HEREBY NOTIFIED, pursuant to Rule 23 of the Federal Rules of Civil Procedure and an Order of the United States District Court for the Northern District of California, that the above-captioned litigation (the "Action") has, for settlement purposes only, been certified as a class action on behalf of the Settlement Class, except for certain persons and entities who are excluded from the Settlement Class by definition as set forth in the full Notice of (I) Pendency of Class Action, Certification of Settlement Class, and Proposed Settlement; (II) Settlement Fairness Hearing; and (III) Motion for an Award of Attorneys' Fees and Reimbursement of Litigation Expenses (the "Notice"). YOU ARE ALSO NOTIFIED that the Lead Plaintiff in the Action has reached a proposed settlement of the Action for $4,650,000 in cash (the "Settlement"), that, if approved, will resolve all claims in the Action. A hearing will be held on August 30, 2024 at 9:00 a.m., before the Honorable Jeffrey S. White at the United States District Court for the Northern District of California, United States Courthouse, Courtroom 5 – 2nd Floor, 1301 Clay Street, Oakland, CA 94612, to determine (i) whether the proposed Settlement should be approved as fair, reasonable, and adequate; (ii) whether the Action should be dismissed with prejudice against Defendant, and the Releases specified and described in the Stipulation (and in the Notice) should be granted; (iii) whether the proposed Plan of Allocation should be approved as fair and reasonable; and (iv) whether Lead Counsel's application for an award of attorneys' fees and reimbursement of Litigation Expenses should be approved. If you are a member of the Settlement Class, your rights will be affected by the pending Action and the Settlement, and you may be entitled to share in the Settlement Fund. The Notice and Proof of Claim and Release Form ("Claim Form"), can be downloaded from the website maintained by the Claims Administrator, www.AdamasSecuritiesSettlement.com. You may also obtain copies of the Notice and Claim Form by contacting the Claims Administrator at Adamas Securities Litigation, c/o Strategic Claims Services, P.O. Box 230, 600 N. Jackson Street, Suite 205, Media, PA 19063, 1-866-274-4004. If you are a member of the Settlement Class, in order to be eligible to receive a payment under the proposed Settlement, you must submit a Claim Form online or postmarked no later than August 28, 2024 to the Claims Administrator. If you are a Settlement Class Member and do not submit a proper Claim Form, you will not be eligible to share in the distribution of the net proceeds of the Settlement, but you will nevertheless be bound by any judgments or orders entered by the Court in the Action. If you are a member of the Settlement Class and wish to exclude yourself from the Settlement Class, you must submit a request for exclusion such that it is received no later than August 9, 2024 to the Claims Administrator, in accordance with the instructions set forth in the Notice. If you properly exclude yourself from the Settlement Class, you will not be bound by any judgments or orders entered by the Court in the Action and you will not be eligible to share in the proceeds of the Settlement. Any objections to the proposed Settlement, the proposed Plan of Allocation, or Lead Counsel's motion for attorneys' fees and reimbursement of expenses, must be filed with the Court such that they are received no later than August 9, 2024, in accordance with the instructions set forth in the Notice. Please do not contact the Court, the Clerk's office, Richard King, Adamas or Supernus Pharmaceuticals, Inc., or their counsel regarding this notice. All questions about this notice, the proposed Settlement, or your eligibility to participate in the Settlement should be directed to Lead Counsel or the Claims Administrator. Inquiries, other than requests for the Notice and Claim Form, should be made to Lead Counsel: GLANCY PRONGAY & MURRAY LLP Leanne H. Solish, Esq. 1925 Century Park East, Suite 2100 Los Angeles, CA 90067 (310) 201-9150 settlements@glancylaw.com Requests for the Notice and Claim Form should be made to: Adamas Securities Litigation c/o Strategic Claims Services P.O. Box 230 600 N. Jackson Street, Suite 205 Media, PA 19063 866-274-4004 www.AdamasSecuritiesSettlement.com By Order of the Court 1 All capitalized terms used in this Summary Notice that are not otherwise defined herein have the meanings ascribed to them in the Stipulation and Agreement of Settlement dated February 29, 2024 (the "Stipulation"), which is available at www.AdamasSecuritiesSettlement.com. AK FUTURES: Lovelace Suit Removed to C.D. California ---------------------------------------------------- The case styled as Justin Lovelace, individually and on behalf of all others similarly situated v. AK FUTURES, LLC d/b/a CAKE, Case No. 30-2024-01394702-CU-BT-CXC was removed from the Superior Court of California, County of Orange, to the United States District Court for the Central District of California on May 29, 2024, and assigned Case No. 8:24-cv-01154. The Plaintiff's principal claim for relief alleges violations of the Agricultural Improvement Act of 2018.[BN] The Defendants are represented by: Thomas C. Frost, Esq. Georg Capielo, Esq. THE FROST FIRM 301 Santa Fe Dr, Second Floor Encinitas, CA 92024 Phone: (858) 465-4600 ALDI INC: Baby Food Products Contains Toxins, Hoffman Alleges ------------------------------------------------------------- ADELE HOFFMAN; JENNIFER OSHIER; and RHEA SABILE, individually and on behalf of all others similarly situated, Plaintiffs v. ALDI, INC. d/b/a LITTLE JOURNEY, Defendant, Case No. Case No.1:24-cv-04370 (N.D.IL., May 28, 2024) alleges that the Defendant sells baby food products containing dangerous levels of arsenic, lead, cadmium, and mercury. The Defendant manufactures and distributes products through the trade name Little Journey, marketed exclusively for babies and young children. The Little Journey baby food products include rice rusk "stage 2" baby teething wafers intended for ages 6 months and up, "stage 4" puffs intended for ages 9 months and up, and "stage 3" little munchers also intended for ages 9 months and up (referred to herein as the "Products"). Unfortunately, the Products feature dangerous levels of arsenic, lead, cadmium, and mercury, the suit alleges. Defendant's conduct is deceptive, misleading, unfair, and false because, among other things, the Defendant failed to reveal that its Products include elevated levels of toxic heavy metals, says the suit. ALDI, INC. d/b/a LITTLE JOURNEY operates as a supermarket. The Company offers groceries, meat, fresh produce, wine, beer, beverages, and other home products. [BN] The Plaintiff is represented by: Katrina Carroll, Esq. LYNCH CARPENTER LLP 111 W. Washington Street Suite 1240 Chicago, IL 60602 Telephone: (312) 750-1265 Facsimile: (312) 212-5919 Email: katrina@lcllp.com - and - Nicholas A. Migliaccio, Esq. Jason S. Rathod, Esq. Mark D. Patronella, Esq. MIGLIACCIO & RATHOD LLP 412 H Street NE, Suite 302 Washington, D.C. 20002 Telephone: (202) 470-3520 Email: nmigliaccio@classlawdc.com jrathod@classlawdc.com mpatronella@classlawdc.com - and - Gary Graifman, Esq. Melissa R. Emert, Esq. KANTROWITZ, GOLDHAMER & GRAIFMAN, P.C. 135 Chestnut Ridge Road, Suite 200 Montvale, NJ 07645 Telephone: (845) 356-2570 Facsimile: (845) 356-4335 Email: ggraifman@kgglaw.com memert@kgglaw.com AMAZON.COM INC: Carlisle Seeks to Certify Rule 23 Classes --------------------------------------------------------- In the class action lawsuit captioned as TERESA CARLISLE, as an individual and on behalf of all others similarly situated, v. AMAZON.COM, INC., a Delaware corporation; AMAZON.COM SERVICES LLC, a Delaware limited liability corporation; AMAZON WEB SERVICES, INC., a Delaware corporation, and DOES 1 through 100, inclusive, Case No. 3:22-cv-06856-RFL (N.D. Cal.), the Plaintiff will move the Court on July 30, 2024, for an order pursuant to Federal Rule of Civil Procedure 23: 1. Determining that a class action is proper as to the First, Second, and Third Causes of Action contained in the Class Action Complaint for Damages pursuant to Federal Rule of Civil Procedure 23, on the grounds that (1) the Class is so numerous that joinder of all members is impracticable, (2) there are questions of law and fact common to the Class, (3) the class representative's claims are typical of the claims of the Class, and (4) the class representative will fairly and adequately protect the interests of the Class. 2. Determining that class treatment is appropriate under Federal Rule of Civil Procedure 23(b)(3). 3. Certifying the following Classes: PPT Class: "All non-exempt employees in California who worked at the Defendant Amazon.com Services LLC's warehouses, distribution centers, and/or fulfillment centers who were eligible to earn Paid Personal Time ("PPT") but who have separated their employment at any time between July 14, 2018, through the present, excluding any employee who had hit their cap on PPT at the time of separation of employment"; and Sign-On Bonus Class: "All non-exempt employees in California who worked at the Defendant Amazon.com Services LLC's warehouses, distribution centers, and/or fulfillment centers who clicked on a display advertisement for a sign-on bonus at any time between July 14, 2018, through December 31, 2020, inclusive, but were not hired into a sign-on bonus eligible position." 4. Finding the Plaintiff to be an adequate representative and certifying her as the class representative. 5. Finding the Plaintiff's counsel and their respective firms, namely Larry W. Lee, Kristen M. Agnew, Max W. Gavron, and Kwanporn "Mai" Tulyathan of Diversity Law Group, P.C., and Cody R. Kennedy and Tatiana Avakian of Marlin & Saltzman LLP, and Peter M. Hart and Ashlie E. Fox of Law Offices of Peter M. Hart as adequate class counsel and certifying them as class counsel herein. On July 14, 2022, the Plaintiff filed her class action complaint against the Defendants, alleging violation of California Labor Code, breach of Written Contract, and violation of California Business & Professions Code. Amazon.com is engaged in e-commerce, cloud computing, online advertising, digital streaming, and artificial intelligence. A copy of the Plaintiff's motion dated May 29, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=aidfla at no extra charge.[CC] The Plaintiff is represented by: Larry W. Lee, Esq. Kristen M. Agnew, Esq. Max W. Gavron, Esq. Kwanporn "Mai" Tulyathan, Esq. DIVERSITY LAW GROUP, P.C. 515 S. Figueroa Street, Suite 1250 Los Angeles, CA 90071 Telephone: (213) 488-6555 Facsimile: (213) 488-6554 E-mail: lwlee@diversitylaw.com kagnew@diversitylaw.com mgavron@diversitylaw.com ktulyathan@diversitylaw.com - and - Cody R. Kennedy, Esq. Tatiana Avakian, Esq. MARLIN & SALTZMAN, LLP 29800 Agoura Road, Suite 210 Agoura Hills, CA 91301 Telephone: (818) 991-8080 Facsimile: (818) 991-8081 E-mail: ckennedy@marlinsaltzman.com tavakian@marlinsaltzman.com - and - Peter M. Hart, Esq. Ashlie E. Fox, Esq. LAW OFFICES OF PETER M. HART 12121 Wilshire Blvd., Suite 525 Los Angeles, CA 90025 Telephone: (310) 478-5789 Facsimile: (509) 561-6441 E-mail: hartpeter@msn.com ashlie.fox.loph@gmail.com ANDREW FOX: Finkelstein Sues Over False and Misleading Statements ----------------------------------------------------------------- David Finkelstein, Individually and on Behalf of All Others Similarly Situated v. ANDREW FOX, LEAH SCHWELLER, and CRAIG DENSON, Case No. 1:24-cv-04056 (S.D.N.Y., May 28, 2024), is brought recover the investment losses they suffered as a result of Defendants' materially false and misleading statements and omissions of material fact and as a securities fraud class action brought on behalf of all purchasers of Charge common stock between December 15, 2021 and February 28, 2024, both dates inclusive (the "Class Period"), seeking to pursue remedies under the Securities Exchange Act of 1934 ("Exchange Act"). Charge is an electrical, broadband, and electric vehicle ("EV") charging infrastructure company. Its business, including through its various subsidiaries, has two primary segments: infrastructure, which has a focus on EV charging stations and wireless network communications; and telecommunications, which provides connections for voice calls and data to global carriers. However, the events that give rise to this Class Action are not connected to Charge's primary business ventures or revenue streams, but rather stem from reckless oversight of Charge's capital and materially misleading statements and omissions in connection therewith. During the Class Period, Defendants issued materially false and misleading statements regarding the nature of Charge's relationship with KORR Acquisitions, the degree of control that KORR Acquisitions exercised over Charge assets that were "critical" to the Company's liquidity, and the nature of the investments that KORR Acquisitions held on the Company's behalf, as well as materially false and misleading statements about the Company's risk policies, procedures, and compliance oversight functions, exposing the Company and its investors to substantial losses. The Defendants' materially false and misleading statements during the Class Period fall into two categories. First, Defendants repeatedly misrepresented the nature of Charge's relationship with KORR Acquisitions, the degree of control that KORR Acquisitions exercised over Charge assets that were "critical" to the Company's liquidity, and the nature of the investments that KORR Acquisitions held on the Company's behalf. Second, Defendants repeatedly certified the strength and adequacy of Charge's internal disclosure controls, as they were required to do under the Sarbanes-Oxley Act ("SOX"), despite clear weaknesses in those internal disclosure controls, evidenced by the failure of the Company's relationship with KORR Acquisitions that led to the Company filing for Chapter 11 bankruptcy protections., says the complaint. The Plaintiff purchased Charge common stock during the relevant Period. Andrew Fox served as the Chief Executive Officer ("CEO") of Charge between October 2020 and August 2023.[BN] The Plaintiff is represented by: Lawrence M. Rolnick Richard A. Bodnar Frank T.M. Catalina ROLNICK KRAMER SADIGHI LLP 1251 Avenue of the Americas New York, NY 10020 Phone: (212) 597-2800 Email: lrolnick@rksllp.com rbodnar@rksllp.com fcatalina@rksllp.com ATYG LLC: Djagharbekian Sues Over Unlawful Telemarketing Campaign ----------------------------------------------------------------- Alex Djagharbekian, behalf of himself and as a representative of all other persons similarly situated v. ATYG LLC d/b/a STEADY CAPITAL SOLUTIONS, Case No. 1:24-cv-00714-BKS-DJS (N.D.N.Y., May 29, 2024), is brought involving a telemarketing campaign by ATYG who sent text messages and/or made phone calls to market its services by contacting numbers repeatedly after requests from the recipients to be added to Defendant's Internal Do-Not-Call registry, a plain violation of the Telephone Consumer Protection Act (hereinafter referred to as the "TCPA"). The Defendant sends text messages to consumers in order to solicit business for its goods and services. The Plaintiff has never utilized Defendant's services, nor has he ever had a prior business relationship with Defendant. The Plaintiff has never consented to receive calls or messages from Defendant regarding solicitations. The recipients of these illegal calls, which include Plaintiff and the Proposed Class, are entitled to damages under the TCPA, and because telemarketing campaigns send text messages en masse, the appropriate vehicle for recovery is a class action lawsuit, says the complaint. The Plaintiff is an individual residing in Los Angeles, California. The ATYG operates from its Principal Place of Business in Albany, New York selling loans to businesses.[BN] The Plaintiff is represented by: Randi Kassan, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 100 Garden City Plaza, Suite 500 Garden City, NY 11530 Phone: (212) 594-5300 Email: rkassan@milberg.com - and - Philip J. Krzeski, Esq. CHESTNUT CAMBRONNE PA 100 Washington Avenue South, Suite 1700 Minneapolis, MN 55401 Phone: (612) 767-3613 Fax: (612) 336-2940 Email: pkrzeski@chestnutcambronne.com - and - Kevin M. Cox, Esq. THE LYON FIRM 2754 Erie Ave. Cincinnati, OH 45208 Phone: (513) 381-2333 Fax: (513) 766-9011 BASIT MOTIWALA: Has Two-Week Extension to File Class Cert Response ------------------------------------------------------------------ In the class action lawsuit captioned as De La Cruz v. Motiwala, et al., Case No. 1:22-cv-10403-AT-JW (S.D.N.Y.), the Hon. Judge Jennifer Willis entered an order granting an extension of two weeks to respond to Plaintiff's motion to certify conditional collective action filed on May 1, 2024 As recent as March 14, 2024, counsel was reminded that per this Court's Individual Practices Section (I) (C), extension requests are to be made at least 2 business days in advance of a deadline. Since then, counsel missed a deadline on May 10, 2024. Yet again, the Defendants' counsel has requested an extension on the eve of a deadline and in violation of this Court's rules. Given the four weeks Defendants' counsel had to oppose the motion, if he was concerned about the "complexity" of this matter he should have asked for an extension well in advance of the day before it was due. Considering the multiple warnings given to counsel, no further extension requests in this action that violate the Court's rules will be granted absent extraordinary circumstances. A copy of the Court's order dated May 29, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=vCguAg at no extra charge.[CC] BLACKSTONE CONSULTING: Ulloa Suit Removed to C.D. California ------------------------------------------------------------ The case styled as Yeffri Ulloa, an individual and on behalf of all others similarly situated v. BLACKSTONE CONSULTING, INC., a California Corporation; KAISER FOUNDATION HOSPITAL, a California Non-Profit Corporation; and DOES 1 through 100, inclusive, Case No. CVRI2402261 was removed from the Superior Court of the State of California, County of Riverside, to the United States District Court for the Central District of California on May 29, 2024, and assigned Case No. 5:24-cv-01134. In the Complaint, Plaintiff asserts ten causes of action: failure to pay overtime, failure to pay minimum wage, failure to provide meal breaks, failure to provide rest breaks, failure to pay all wages due upon termination, failure to provide accurate wage statements, failure to timely pay wages, failure to reimburse necessary business-related expenses and costs, failure to pay vested vacation time upon termination, and violations of the Business and Professions Code.[BN] The Defendants are represented by: Pankit Doshi, Esq. Rae Chung, Esq. MCDERMOTT WILL & EMERY LLP 415 Mission St Suite 5600 San Francisco, CA 94105-2616 Phone: +1 628 218 3800 Facsimile: +1 628 877 0107 Email: pdoshi@mwe.com Rchung@mwe.com BUFFALO, NY: Black Love Seeks Class Certification ------------------------------------------------- In the class action lawsuit captioned as BLACK LOVE RESISTS IN THE RUST by and through MARIELLE SHAVONNE SMITH and CHARIS HUMPHREY on behalf of its members; SHAKETA REDDEN; DORETHEA FRANKLIN; TANIQUA SIMMONS; DE'JON HALL; JOSEPH BONDS; CHARLES PALMER; SHIRLEY SARMIENTO; EBONY YELDON; and JASMINE EVANS, individually and on behalf of a class of all others similarly situated, v. CITY OF BUFFALO, NY; BYRON B. BROWN, Mayor of the City of Buffalo, in his individual and official capacities; BYRON C. LOCKWOOD, Commissioner of the Buffalo Police Department, in his individual and official capacities; DANIEL DERENDA, former Commissioner of the Buffalo Police Department, in his individual capacity; AARON YOUNG, KEVIN BRINKWORTH, PHILIP SERAFINI, ROBBIN THOMAS, UNKNOWN SUPERVISORY PERSONNEL 1-10, UNKNOWN OFFICERS 1-20, each officers of the Buffalo Police Department, in their individual capacities, Case No. 1:18-cv-00719-CCR (W.D.N.Y.), the Plaintiffs will move before the Honorable Christina Reiss, at a date and time to be determined by the Court, for an Order: 1. Certifying the following Plaintiff classes pursuant to Fed. R. Civ. P. 23(a) and (b)(3) and Local Rule 23: Checkpoints Class "All individuals who received a ticket or were arrested at a Buffalo Police Department "traffic safety" vehicle checkpoint on or after June 28, 2015"; Tinted Windows Class "All Black and/or Latino individuals who received multiple tinted windows tickets from the Buffalo Police Department in a single traffic stop on or after June 28, 2015"; 2. Certifying the following Plaintiff class pursuant to Fed. R. Civ. P. 23(a) and (b)(2) and Local Rule 23: Traffic Enforcement Class "All Black and/or Latino individuals who have been or will be subjected to traffic stops, traffic tickets, and "traffic safety" vehicle checkpoints by the Buffalo Police Department"; 3. Appointing the Plaintiffs Bonds, Evans, and Redden as representatives of the Checkpoints Class, Plaintiffs Franklin, Palmer, and Yeldon as representatives of the Tinted Windows Class, and all individual Plaintiffs as representatives of the Traffic Enforcement Class; and 4. Appointing the National Center for Law and Economic Justice, Inc., the Center for Constitutional Rights, the Western New York Law Center, Inc., and Covington & Burling LLP as counsel for the certified classes. Buffalo is a city in the U.S. state of New York and the county seat of Erie County. A copy of the Plaintiffs' motion dated May 29, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=VxSDOw at no extra charge.[CC] The Plaintiffs are represented by: Claudia Wilner, Esq. Anjana Malhotra, Esq. Edward Krugman, Esq. NATIONAL CENTER FOR LAW AND ECONOMIC JUSTICE 50 Broadway, Suite 1500 New York, NY 10004 Telephone: (212) 633-6967 E-mail: wilner@nclej.net malhotra@nclej.net krugman@nclej.net Azmy Baher, Esq. A. Chinyere Ezie, Esq. CENTER FOR CONSTITUTIONAL RIGHTS 666 Broadway, 7th Floor New York, NY 10012 Telephone: (212) 614-6464 E-mail: bazmy@ccrjustice.org cezie@ccrjustice.org Matthew A. Parham, Esq. WESTERN NEW YORK LAW CENTER 37 Franklin Street, 2nd Floor Buffalo, NY 14202 Telephone: (716) 828-8422 E-mail: mparham@wnylc.net Philip Irwin, Esq. Jordan Scott Joachim, Esq. Christine Nelson, Esq. Andrew Timmick, Esq. COVINGTON & BURLING, LLP 620 Eighth Ave., Suite 4029 New York, NY 10018 Telephone: (212) 841-1000 E-mail: pirwin@cov.com jjoachim@cov.com cnelson@cov.com atimmick@cov.com CAPITAL ONE: Jensen Sues Over Unwanted Commercial Text Messages --------------------------------------------------------------- TAMIE JENSEN, individually and on behalf of all others similarly situated, Plaintiff v. CAPITAL ONE FINANCIAL CORPORATION, Defendant, Case No. 2:24-cv-00727 (W.D. Wash., May 24, 2024) accuses the Defendant of violating the Commercial Electronic Mail Act. Through the "Refer a Friend" program, Capital One initiates and assists in the transmission of electronic commercial text messages to Plaintiff and other Washington residents who have not clearly and affirmatively consented in advance to receive these text messages. The Plaintiff even promptly responded and requested to stop the sending of messages. Unfortunately, the Plaintiff had no means of opting out of receiving the unsolicited commercial text message, and still has no means of opting out of future referral messages, says the suit. Headquartered in McLean, VA, Capital One is a banking company that offers credit cards, loans, and other banking services. [BN] The Plaintiff is represented by: Wright A. Noel, Esq. 20 Sixth Ave. NE Issaquah WA 98027 Telephone: (425) 395-7786 Facsimile: (425) 837-5396 E-mail: wright@carsonnoel.com - and - Christin K. Cho, Esq. DOVEL & LUNER, LLP 201 Santa Monica Blvd., Suite 600 Santa Monica, CA 90401 Telephone: (310) 656-7066 Facsimile: (310) 656-7069 E-mail: christin@dovel.com CENCORA INC: Fails to Prevent Data Breach, Lewis Alleges -------------------------------------------------------- DARLEEN LEWIS, individually and on behalf of all others similarly situated, Plaintiff v. CENCORA, INC.; and THE LASH GROUP, LLC, Defendants, Case No. 2:24-cv-02258 (E.D. PA., May 28, 2024) is an action against the Defendant for its failure to properly secure and safeguard sensitive information of its customers. The Data Breach was a direct result of the Defendant's failure to implement adequate and reasonable cyber-security procedures and protocols necessary to protect consumers' personally identifiable information, from a foreseeable and preventable cyber-attack, says the suit. The Plaintiff's and Class Members' identities are now at risk because of Defendant's negligent conduct because the PII that Defendant collected and maintained has been accessed and acquired by data thieves, the suit added. CENCORA, INC. operates as a pharmaceutical company. The Company offers end-to-end pharmaceutical commercialization solutions, over-the-counter healthcare products, home healthcare supplies and equipment, and related services to healthcare providers. [BN] The Plaintiff is represented by: Charles E. Schaffer, Esq. Nicholas J. Elia, Esq. LEVIN SEDRAN & BERMAN LLP 510 Walnut Street, Suite 500 Philadelphia, PA 19106 Telephone: (215) 592-1500 Facsimile: (215) 492-4663 Email: cschaffer@lfsblaw.com nelia@lfsblaw.com CENTENNIAL BANK: Autry's Bid to Consolidate Cases Partly Granted ---------------------------------------------------------------- In the class action lawsuit captioned as TANYA R. AUTRY, individually and on behalf of all others similarly situated, v. CENTENNIAL BANK, Case No. 4:24-CV-00401-BRW (CONSOLIDATED CASE), (E.D. Ark.), the Hon. Judge Billy Roy Wilson entered an order granting in part and denying in part the Plaintiffs' unopposed motion to consolidate cases. Judge Wilson said that these cases should be consolidated for discovery purposes. However, the issue of whether the cases should be tried together can be resolved later. All parties are directed to make future filings only in the lead case – Gomez v. Centennial Bank, No. 4:23-CV-00333-BRW. All other requested relief is denied. The Plaintiffs' motion for class certification is due thirty days after the Defendant's motion to dismiss is resolved. The response is due two weeks after that. Other deadlines will be set by a separate scheduling order. The Defendant is a provider of personal and commercial banking services. A copy of the Court's order dated May 29, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=7Yf6W8 at no extra charge.[CC] CENTENNIAL BANK: Barfield's Bid to Consolidate Cases Partly Granted ------------------------------------------------------------------- In the class action lawsuit captioned as DENNIS BARFIELD, individually and on behalf of all others similarly situated, v. CENTENNIAL BANK, Case No. 4:24-CV-00415-BRW (CONSOLIDATED CASE), (E.D. Ark.), the Hon. Judge Billy Roy Wilson entered an order granting in part and denying in part the Plaintiffs' unopposed motion to consolidate cases. Judge Wilson said that these cases should be consolidated for discovery purposes. However, the issue of whether the cases should be tried together can be resolved later. All parties are directed to make future filings only in the lead case – Gomez v. Centennial Bank, No. 4:23-CV-00333-BRW. All other requested relief is denied. The Plaintiffs' motion for class certification is due thirty days after the Defendant's motion to dismiss is resolved. The response is due two weeks after that. Other deadlines will be set by a separate scheduling order. The Defendant is a provider of personal and commercial banking services. A copy of the Court's order dated May 29, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=uHFtC1 at no extra charge.[CC] CENTENNIAL BANK: Court Consolidates Cases for Discovery Purposes ---------------------------------------------------------------- In the class action lawsuit captioned as OBED GOMEZ, JR., on behalf of himself and others similarly situated, ET AL., v. CENTENNIAL BANK, Case No. 4:24-CV-00358-BRW (CONSOLIDATED CASE) (E.D. Ark,), the Hon. Judge Billy Roy Wilson entered an order granting in part and denying in part the Plaintiffs' unopposed motion to consolidate cases. Judge Wilson said that these cases should be consolidated for discovery purposes. However, the issue of whether the cases should be tried together can be resolved later. All parties are directed to make future filings only in the lead case – Gomez v. Centennial Bank, No. 4:23-CV-00333-BRW. All other requested relief is denied. The Plaintiffs' motion for class certification is due thirty days after the Defendant's motion to dismiss is resolved. The response is due two weeks after that. Other deadlines will be set by a separate scheduling order. The Defendant is a provider of personal and commercial banking services. A copy of the Court's order dated May 29, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=pwbUPN at no extra charge.[CC] CENTENNIAL BANK: Martin's Bid to Consolidate Cases Partly Granted ----------------------------------------------------------------- In the class action lawsuit captioned as STEPHANIE MARTIN, individually and on behalf of all others similarly situated, v. CENTENNIAL BANK, Case No. 4:24-CV-00389-BRW (CONSOLIDATED CASE) (E.D. Ark.), the Hon. Judge Billy Roy Wilson entered an order granting in part and denying in part the Plaintiffs' unopposed motion to consolidate cases. Judge Wilson said that these cases should be consolidated for discovery purposes. However, the issue of whether the cases should be tried together can be resolved later. All parties are directed to make future filings only in the lead case – Gomez v. Centennial Bank, No. 4:23-CV-00333-BRW. All other requested relief is denied. The Plaintiffs' motion for class certification is due thirty days after the Defendant's motion to dismiss is resolved. The response is due two weeks after that. Other deadlines will be set by a separate scheduling order. The Defendant is a provider of personal and commercial banking services. A copy of the Court's order dated May 29, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=yY0BGH at no extra charge.[CC] CHANGE HEALTHCARE: Ingraham Counseling Sues Over Data Breach ------------------------------------------------------------ Ingraham Counseling Services, PLLC, individually and on behalf of all others similarly situated v. CHANGE HEALTHCARE INC. and UNITEDHEALTH GROUP INC., Case No. 3:24-cv-00663 (M.D. Tenn., May 29, 2024), is brought against the Defendant's failure to implement reasonable security procedures and practices which resulted in a Data Breach. A ransomware group claims to have accessed Change's servers and seized six terabytes of critical confidential and highly sensitive information, resulting in network outages that have already impacted millions of patients and physicians across the country. On February 21, 2024, Change disclosed that it was the subject of this massive data breach whereby hackers known as "ALPHV/Blackcat" ("Blackcat") gained unauthorized access to its networks (the "Data Breach"). The Defendant reportedly paid a ransom of $22 million to Blackcat, but one of Blackcat's affiliates claims to still have a copy of the stolen data and that it was not paid its share of the ransom. The fallout from this Data Breach has and will continue to wreak havoc on the healthcare industry. As a subsidiary of one of the largest healthcare insurers, Change processes 15 billion transactions annually, "touching one in three U.S. patient records. But to stop the cybersecurity wound from bleeding further, Change decided to take certain systems offline. One of these systems is the Change Healthcare platform ("Change Platform"). This platform provides, among other things, a revenue and payment cycle management service that connects payers, providers, and patients within the U.S. healthcare system. The Change Platform is widely used among practitioners and health services providers, including Plaintiff. Change is responsible for the Data Breach because it failed to implement reasonable security procedures and practices and failed to disclose material facts surrounding its deficient security protocols. Indeed, the Associated Press recently explained that Change failed to implement one of the most basic and industry standard cybersecurity safeguards, multi-factor authentication, and that the failure was the cause of the Breach. Responding to the Data Breach, Change claims to have chosen to take systems offline to stop hackers from seizing more data than the 6 terabytes already taken. Change's decision caused this network outage that has severely impacted not only patients but healthcare practices and providers who rely on the Change Platform for processing claims and payment. As a result of Change's actions, Plaintiff and Class members did not receive the benefit of their bargain with Change and are not receiving the services that they have paid for. Furthermore, Plaintiff and Class members have not received payments for their healthcare services and have incurred extra costs from switching to another healthcare payment software, says the complaint. The Plaintiff Ingraham Counseling Services, PLLC, is a Nevada professional limited liability company based in Las Vegas, Nevada. Change Healthcare is a healthcare technology company that provides data-driven and analytics-driven solutions for clinical, financial, administrative, and patient management to healthcare providers.[BN] The Plaintiff is represented by: J. Gerard Stranch, IV, Esq. Grayson Wells, Esq. BRANSTETTER STRANCH & JENNINGS, PLLC - NASHVILLE 223 Rosa L. Parks Ave., Suite 200 Nashville, TN 37203 Phone: (615) 254-8801 Fax: (615) 250-3937 Email: gerards@bsjfirm.com gwells@stranchlaw.com - and - Lynn A. Toops, Esq. Amina A Thomas, Esq. COHEN & MALAD LLP One Indiana Square, Suite 1400 Indianapolis, IN 46204 Phone: (317) 636-6481 Fax: (317) 636-2593 Email: ltoops@cohenandmalad.com athomas@cohenandmalad.com COLE SHOWS AMUSEMENT: Lopez Sues Over Unpaid Wages -------------------------------------------------- Jairo Mauricio Canales Lopez, and Heberth Josue Abilez Vasquez, individually on behalf of themselves, and on behalf of all others similarly situated v. COLE SHOWS AMUSEMENT CO. INC., and RICHARD COLE, Case No. 3:24-cv-00399-RCY (E.D. Va., May 29, 2024), is brought for unpaid wages under the Fair Labor Standards Act ("FLSA"), labor trafficking under the Trafficking Victims Protection Act ("TVPRA"), unpaid wages under Virginia state wage laws, including the Virginia Overtime Wage Act ("VOWA"), Virginia Wage Payment Act ("VWPA"), and Virginia Minimum Wage Act ("VMWA"), and breach of contract under Virginia common law. The Plaintiffs are Honduran citizens who were hired by the Defendants and brought to the United States via the H-2B program. Plaintiffs legally came to the United States to work, to save money, and to provide for their families in Honduras. When Plaintiffs arrived, however, they were provided with substandard, filthy housing conditions and intolerable working conditions. They worked 80 or more-hour workweeks, but were paid a flat rate of approximately $400 per week--in violation of federal law, state law, and their contracts of employment. The Plaintiffs also faced continuous threats of deportation and harm, says the complaint. The Plaintiffs were recruited by the Defendants with the assistance of the Honduran Secretary of Labor. Cole Shows Amusement Co., Inc. ("Cole Shows") operates as a traveling carnival business, providing carnival rides, games, concessions, and other related services to both public and private entities across Virginia, West Virginia, North Carolina, South Carolina, and Washington, D.C.[BN] The Plaintiffs were represented by: Craig Juraj Curwood, Esq. Zev H. Antell, Esq. Samantha Galina, Esq. BUTLER CURWOOD, PLC 140 Virginia Street, Suite 302 Richmond, VA 23219 Phone: (804) 648-4848 Facsimile: (804) 237-0413 Email: craig@butlercurwood.com zev@butlercurwood.com samantha@butlercurwood.com - and - Marissa L. Baer, Esq. Rachel C. McFarland, Esq. Jason B. Yarashes, Esq. LEGAL AID JUSTICE CENTER 1000 Preston Avenue, Suite A Charlottesville, Virginia 22903 Phone: (434) 529-1813 Facsimile: (434) 977-0558 Email: marissa@justice4all.org RMcFarland@justice4all.org jasony@justice4all.org CONSUMER CREDIT: Pinn Allowed Leave to Take Deposition ------------------------------------------------------ In the class action lawsuit captioned as KELLY PINN, v. CONSUMER CREDIT COUNSELING FOUNDATION, INC., et al., Case No. 4:22-cv-04048-DMR (N.D. Cal.), the Hon. Judge Donna Ryu entered an order as follows: -- The Plaintiff is granted leave to take a Federal Rule of Civil Procedure 30(b)(6) deposition of the CCCF Defendants regarding their document and information systems, their search for and production of responsive documents and information in discovery, and whether spoliation of evidence has occurred. -- The Plaintiff may explore the deficiencies in the court-ordered declarations and the gaps in production described above to create a record regarding the CCCF Defendants' conduct in discovery and compliance with the court's previous orders on discovery. This deposition shall not count against the presumptive 10-deposition limit in this action. In May 2023, the Plaintiff and Defendants Consumer Credit Counseling Foundation, National Budget Planners of South Florida, Inc., and Ishwinder Judge filed a joint discovery letter in which the Plaintiff moved to compel further discovery. Consumer Credit offers personalized credit counseling, debt management solutions, and financial education programs. A copy of the Court's order dated May 29, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=24PlQ2 at no extra charge.[CC] DESIGNED RECEIVABLE: Djabi Files Suit in C.D. California -------------------------------------------------------- A class action lawsuit has been filed against Designed Receivable Solutions, Inc. The case is styled as Mohamed Djabi, individually and on behalf of all others similarly situated v. Designed Receivable Solutions, Inc., Case No. 8:24-cv-01158-WLH-RAO (C.D. Cal., May 29, 2024). The nature of suit is stated as Other P.I. for Personal Injury. Designed Receivable Solutions, Inc. -- https://www.drsi360.com/ -- is a leading provider of patient-centered and client-focused revenue cycle services.[BN] The Plaintiff is represented by: Daniel Z. Srourian, Esq. SROURIAN LAW FIRM 3435 Wilshire Blvd., Suite 1710 Los Angeles, CA 90010 Phone: (213) 474-3800 Fax: (213) 471-4160 Email: daniel@slfla.com DIDI GLOBAL: Class Cert Bid Filing in Chopra Due Jan. 6, 2025 ------------------------------------------------------------- In the class action lawsuit captioned as Jatin Chopra v. Didi Global Inc. et al., Case No. 1:21-cv-05973 (S.D.N.Y.), the Hon. Judge Lewis Kaplan entered an order that: -- Initial disclosures pursuant to Fed. R. Civ. P. 26(a)(l) shall be served by May 3, 2024. -- Defendants' Answers must be filed by May 3, 2024. -- The Plaintiffs' motion for class certification shall be filed by Jan. 6, 2025. -- Initial requests for production of documents shall be served by May 22, 2024 -- Production of documents in response to initial requests for production of documents must be substantially completed by Sept. 23, 2024 -- Production of documents in response to initial requests for production of documents requests must be completed no later than Oct. 23, 2024 DiDi operates a mobility technology platform that provides various mobility and other services. A copy of the Court's order dated May 29, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=oOeoLV at no extra charge.[CC] DIDI GLOBAL: Class Cert Bid Filing in Hechler Due Jan. 6, 2025 -------------------------------------------------------------- In the class action lawsuit captioned as Hechler v. Didi Global Inc. et al., Case No. e 1:21-cv-07550-LAK (S.D.N.Y.), the Hon. Judge Lewis Kaplan entered an order that: -- Initial disclosures pursuant to Fed. R. Civ. P. 26(a)(l) shall be served by May 3, 2024. -- Defendants' Answers must be filed by May 3, 2024. -- The Plaintiffs' motion for class certification shall be filed by Jan. 6, 2025. -- Initial requests for production of documents shall be served by May 22, 2024 -- Production of documents in response to initial requests for production of documents must be substantially completed by Sept. 23, 2024 -- Production of documents in response to initial requests for production of documents requests must be completed no later than Oct. 23, 2024 DiDi operates a mobility technology platform that provides various mobility and other services. A copy of the Court's order dated May 29, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=MSw8nS at no extra charge.[CC] DIDI GLOBAL: Class Cert Bid Filing in Kucharski Due Jan. 6, 2025 ---------------------------------------------------------------- In the class action lawsuit captioned as Kucharski v. DiDi Global Inc. et al., Case No. 1:21-cv-06603-LAK (S.D.N.Y.), the Hon. Judge Lewis Kaplan entered an order that: -- Initial disclosures pursuant to Fed. R. Civ. P. 26(a)(l) shall be served by May 3, 2024. -- Defendants' Answers must be filed by May 3, 2024. -- The Plaintiffs' motion for class certification shall be filed by Jan. 6, 2025. -- Initial requests for production of documents shall be served by May 22, 2024 -- Production of documents in response to initial requests for production of documents must be substantially completed by Sept. 23, 2024 -- Production of documents in response to initial requests for production of documents requests must be completed no later than Oct. 23, 2024 DiDi operates a mobility technology platform that provides various mobility and other services. A copy of the Court's order dated May 29, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=F5UOO6 at no extra charge.[CC] DIDI GLOBAL: Class Cert Filing in Securities Suit Due Jan. 6, 2025 ------------------------------------------------------------------ In the class action lawsuit captioned as IN RE DIDI GLOBAL INC. SECURITIES LITIGATION, Case No. 1:21-cv-05807 (S.D.N.Y.), the Hon. Judge Lewis Kaplan entered an order that: -- Initial disclosures pursuant to Fed. R. Civ. P. 26(a)(l) shall be served by May 3, 2024. -- Defendants' Answers must be filed by May 3, 2024. -- The Plaintiffs' motion for class certification shall be filed by Jan. 6, 2025. -- Initial requests for production of documents shall be served by May 22, 2024 -- Production of documents in response to initial requests for production of documents must be substantially completed by Sept. 23, 2024 -- Production of documents in response to initial requests for production of documents requests must be completed no later than Oct. 23, 2024 DiDi operates a mobility technology platform that provides various mobility and other services. A copy of the Court's order dated May 29, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=q1xMCj at no extra charge.[CC] DITMAR LOGISTICS: Fails to Provide Freight Bill Info, Stears Says ----------------------------------------------------------------- TIMOTHY STEARS, individually and on behalf of all others similarly situated, Plaintiff v. DITMAR LOGISTICS LEASING, LLC, Defendant, Case No. 5:24-cv-00593 (W.D. Tex., May 31, 2024) is a class action against the Defendant for violations of the federal Truth in Leasing Act. According to the complaint, the Defendant violated the TILA by failing to provide the Plaintiff and similarly situated owner operators with copies of rated freight bills or other documentation containing the same information for the loads they hauled for the Defendant, so they could verify the accuracy of their pay. The Plaintiff seeks to recover lost wages and other compensation caused by the Defendant's violation of the TILA. Ditmar Logistics Leasing, LLC is a logistics company doing business in Texas. [BN] The Plaintiff is represented by: Austin Kaplan, Esq. Caitlin Boehne, Esq. Andrew Eckhous, Esq. J. Bryan Wood, Esq. KAPLAN LAW FIRM, PLLC 2901 Bee Cave Road, Ste. G Austin, TX 78746 Telephone: (512) 553-9390 Facsimile: (512) 692-2788 Email: akaplan@kaplanlawatx.com cboehne@kaplanlawatx.com aeckhous@kaplanlawatx.com bwood@kaplanlawatx.com DOONEY & BOURKE: Montiel Sues Over Failure to Pay Overtime Wages ---------------------------------------------------------------- Lorena Montiel, an individual on behalf of herself and all similarly situated employees v. DOONEY & BOURKE, LLC, a Connecticut Company; LABORNOW, INC., a Massachusetts Corporation; and DOES 1 through IO, inclusive, Case No. CIVSB2413758 (Cal. Super. Ct., San Bernardino Cty., April 19, 2024), is brought for the Defendants' failure to provide required meal periods; failure to provide required rest periods; failure to pay overtime wages; failure to pay minimum wage; failure to timely pay wages; failure to pay all wages due to discharged and quitting employees; failure to maintain required records; failure to furnish accurate itemized statements; failure to indemnify employees for necessary expenditures incurred in discharge of duties; and unfair and unlawful business practices. The Plaintiff bring this class action to recover, among other things, wages and penalties from unpaid wages earned and due, including but not limited to unpaid minimum wages and unpaid wages, unpaid and illegally calculated overtime compensation, illegal meal and rest period policies, failure to timely pay wages, failure to pay all wages due to discharged or quitting employees, failure to maintain required records, failure to provide accurate itemized wage statements, failure to indemnify employees for necessary expenditures and/or losses incurred in discharging their duties, and interest, attorneys' fees, costs, and expenses, says the complaint. The Plaintiff is a resident of the State of California who was employed by the Defendants as a non-exempt employee at times relevant to this Complaint. The Defendants own and operate janitorial and housekeeping companies providing janitorial and housekeeping services to various companies throughout the United States.[BN] The Plaintiff is represented by: Shoham J. Solouki, Esq. Grant Joseph Savoy, esq. SOLOUKI | SAVOY, LLP 316 W. 2nd Street, Suite 1200 Los Angeles, CA 90012 Phone: (213) 814-4940 Facsimile: (213) 814-2550 Email: Shoham@soloukisavoy.com grant@soloukisavoy.com DREXEL BUILDING: Fails to Pay Proper Wages, Kidd Alleges -------------------------------------------------------- AMBER KIDD, individually and on behalf of all others similarly situated, Plaintiff v. DREXEL BUILDING SUPPLY, INC., Defendant, Case No. 24-cv-356 (W.D. Wis., May 28, 2024) seeks to recover from the Defendants unpaid wages and overtime compensation, interest, liquidated damages, attorneys' fees, and costs under the Fair Labor Standards Act. Plaintiff Kidd was employed by the Defendant as a laborer. DREXEL BUILDING SUPPLY, INC. is a construction company based in Campbellsport, WI. [BN] The Plaintiff is represented by: Yingtao Ho, Esq. THE PREVIANT LAW FIRM S.C. 310 W. Wisconsin Ave. Suite 100MW Milwaukee, WI 53212 Telephone: (414) 271-4500 Facsimile: (414) 271-6308 Email: yh@previant.com EAD ENTERTAINMENT: Class Settlement in Lucente Wins Initial Nod --------------------------------------------------------------- In the class action lawsuit captioned as ALEXIS LUCENTE, on behalf of herself and all others similarly situated, and ALVIN SUMIGCAY, individually, v. EAD ENTERTAINMENT, LLC, Case No. 2:23-cv-03560-SIL (E.D.N.Y.), the Hon. Judge Steven Locke entered an order as follows: -- preliminarily approving the class action settlement memorialized in the Agreement, attached to the Kessler Declaration, and -- conditionally certifying the Class and FLSA Collective for settlement purposes. The Court appoints Kessler Matura, P.C. and Stevenson Marino L.L.P. as Class Counsel and Xpand Legal Consulting LLC as the Settlement Administrator. The Court adopts the following settlement procedure set forth in the Agreement 1. No later than 10 days after the issuance of this order, the Defendants will provide the Settlement Administrator with the class list, in accordance with sections 1.3 and 2.3(A) of the agreement. 2. Within 14 days after the Settlement Administrator receiving the class list, the Settlement Administrator will mail the approved notice to all NY class members, via first class mail, in accordance with section 2.3(B) of the agreement. 3. The court will hold a final fairness hearing on Nov. 7, 2024 at 12:00 p.m., at the United States District Court for the Eastern District of New York 100 Federal Plaza, Central Islip, New Yrk, at Courtroom 820. The court authorizes the Defendant to disclose the Class members' social security numbers to the settlement administrator for purposes consistent with the agreement. A copy of the Court's order dated May 29, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=lBH8At at no extra charge.[CC] ELITE NURSES: Mathews Suit Removed to D. Colorado ------------------------------------------------- The case styled as Kasondra Mathews, on her own behalf and on behalf of all others similarly situated v. ELITE NURSES MANAGEMENT LLC, Case No. 2024CV30617 was removed from the District Court of the State of Colorado in and for the County of Jefferson, to the United States District Court for the District of Colorado on May 29, 2024, and assigned Case No. 1:24-cv-01518. The Plaintiff's state law claim for unpaid overtime. Plaintiffs state law claim for unpaid overtime is so related to claims in the action within such original jurisdiction that they form part of the same case or controversy under Article III of the United States Constitution. Moreover, Plaintiffs state law claim for unpaid overtime does not raise a novel or complex issue Of state law, substantially predominate over the claim or claims over which this Court has original jurisdiction, or raise any other compelling reason(s) for declining jurisdiction.[BN] The Defendants are represented by: Colin L. Barnacle, Esq. ASCENT LAW, PC P.O. Box 6489 Denver, CO 80206 Phone: 720-456-2310 Email: colin@ascent-employmentlaw.com ENJOY AM: Butler Sues to Recover Unpaid Overtime Compensation ------------------------------------------------------------- Ryan Lee Butler, individually, and on behalf of himself and others similarly situated v. ENJOY AM, LLC, and ANDREW TICER and MICHAEL HUDMAN, Individually, Case 2:24-cv-02351 (W.D. Ten., May 23, 2024), is brought against Defendants to recover unpaid overtime compensation owed to Plaintiff and other similarly situated sous chefs who are members of a Fair Labor Standards Act ("FLSA") multi-plaintiff action. The Defendants violated the FLSA by failing to pay Plaintiff and those similarly situated for all hours worked over 40 per week within weekly pay periods at the rate of one and one-half times their regular hourly rates of pay. The Plaintiff and those similarly situated were classified as exempt from receiving overtime compensation. However, Plaintiff and those similarly situated did not qualify as exempt employees from receiving overtime compensation under the FLSA, says the complaint. The Plaintiff was employed as a sous chef at Defendants' Andrew Michael Italian Kitchen in Memphis, Tennessee. The Defendants own and operate Andrew Michael Italian Kitchen, Hog and Hominy, Bishop, and Catherine and Mary's restaurants in Memphis, Tennessee as well as the Josephine Estelle restaurant in New Orleans, Louisiana.[BN] The Plaintiff is represented by: Gordon E. Jackson, Esq. J. Russ Bryant, Esq. J. Joseph Leatherwood, Esq. Joshua Autry, Esq. JACKSON, SHIELDS, YEISER, HOLT, OWEN AND BRYANT 262 German Oak Drive Memphis, TN 38018 Phone: (901) 754-8001 Facsimile: (901) 754-8524 Email: gjackson@jsyc.com rbryant@jsyc.com jleatherwood@jsyc.com jautry@jsyc.com ENVIRONMENTAL LABORATORIES: Jackson Sues Over Web Inaccessibility ----------------------------------------------------------------- SYLINIA JACKSON, on behalf of herself and all other persons similarly situated, Plaintiff v. ENVIRONMENTAL LABORATORIES INC., Defendant, Case No. 1:24-cv-03995 (S.D.N.Y., May 24, 2024) arises from the Defendant's failure to design, construct, maintain, and operate its interactive website, https://safehometestkits.com, to be fully accessible to and independently usable by Plaintiff and other blind or visually-impaired persons in violation of the Americans with Disabilities Act, the New York State Human Rights Law, and the New York City Human Rights Law. The Plaintiff has been denied the full use and enjoyment of the facilities, goods, and services of Defendant's interactive website while attempting to access the Website from her home in New York County, NY. These access barriers that Plaintiff encountered have caused a denial of Plaintiff's full and equal access multiple times in the past, and now deter Plaintiff on a regular basis from visiting Defendant's website. This includes, Plaintiff attempting to obtain information about Defendant's test kits, as well as other types of goods, and pricing, return, privacy, and shipping terms, says the suit. Based in Madison, IN, Environmental Laboratories, Inc. owns and operates the interactive website which advertises and markets test kits, as well as other types of goods. [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 EPOCH MEDIA GROUP: Bonner Suit Removed to C.D. California --------------------------------------------------------- The case styled as Michael Bonner, individually and on behalf of all others similarly situated v. EPOCH MEDIA GROUP, LLC, MINDY GOLDBERG, PHILIP MORRISON, JEFFREY PREISS, Case No. 24STCV06576 was removed from the L.A. Superior Court, to the U.S. District Court for the Central District of California on May 28, 2024. The District Court Clerk assigned Case No. 2:24-cv-04433 to the proceeding. The nature of suit is stated as Consumer Labor. Select Portfolio Servicing, Inc. -- https://www.spservicing.com/ -- is a loan servicing company founded in 1989 as Fairbanks Capital Corp. with operations in Salt Lake City, Utah and Jacksonville, Florida.[BN] The Plaintiff appears pro se. EQUIFAX WORKFORCE: GMI Sues Over Sherman Act Violation ------------------------------------------------------ Greystone Mortgage, Inc., and First Financial Lending LLC, on behalf of themselves and all others similarly situated v. Equifax Workforce Solutions LLC and Equifax, Inc., Case No. 2:24-cv-02260 (E.D. Pa., May 28, 2024), is brought antitrust action against Defendants under Sections 1 and 2 of the Sherman Act, on behalf of themselves and a proposed class of similarly situated purchasers (collectively, "Direct Purchasers"), arising from Equifax's willful acquisition and maintenance of monopoly power in the market for electronic verification of income and/or employment ("Electronic VOIE Services"). Beginning in 2017, new entrants began to challenge Equifax's stranglehold on the market. Rather than compete with these new entrants on the merits, Equifax responded to the threat of competition with a multifaceted anticompetitive scheme to maintain its monopoly (the "Scheme"). This Scheme had at least three components. Equifax's Scheme has substantially foreclosed competition in the market for VOIE Services and continues to do so. Through its exclusive agreements with Data Contributors, Equifax has been able to foreclose competitors from at least 40% of the data inputs necessary to make a competing VOIE product viable. That continues to be the case today. Equifax's Scheme has substantially foreclosed competition in the market for VOIE Services and continues to do so. Through its exclusive agreements with Data Contributors, Equifax has been able to foreclose competitors from at least 40% of the data inputs necessary to make a competing VOIE product viable. That continues to be the case today. Statements from Equifax executives, former employees, and competitors confirm that Equifax's Scheme has had the intent and effect of maintaining Equifax's monopoly in the market for Electronic VOIE Services by denying competitors the scale they would need to compete on the merits. Equifax has used its monopoly power to raise prices to supracompetitive levels, causing purchasers of Electronic VOIE Services, including the Plaintiff Class, to suffer antitrust injury in the form of overcharges. Equifax's Scheme has also denied purchasers a meaningful choice in a provider of Electronic VOIE Services, even though alternatives would charge less and do a better job of protecting consumers' data privacy. The allegations in this complaint are based on public statements by Equifax, regulators, competitors, and the press, as well as interviews conducted with confidential witnesses, says the complaint. The Plaintiff purchased Electronic VOIE Services from Equifax during the Class Period. Equifax Workforce Solutions LLC, also known as TALX Corporation is a Missouri corporation.[BN] The Plaintiff is represented by: Katie R. Beran, Esq. Jeannine M. Kenney, Esq. HAUSFELD LLP 325 Chestnut Street, Suite 900 Philadelphia, PA 19106 Phone: (215) 985-3270 Email: kberan@hausfeld.com jkenney@hausfeld.com - and - Brian A. Ratner, Esq. Sarah R. LaFreniere, Esq. HAUSFELD LLP 888 16th Street NW, Suite 300 Phone: (202) 540-7200 Email: bratner@hausfeld.com slafreniere@hausfeld.com - and - Bruce E. Gerstein, Esq. David Rochelson, Esq. Jon Gerstein, Esq. Kimberly Hennings, Esq. GARWIN GERSTEIN & FISHER LLP 88 Pine Street, 28th Floor New York, NY 10005 Phone: (212) 398-0055 Email: bgerstein@garwingerstein.com drochelson@garwingerstein.com jgerstein@garwingerstein.com khennings@garwingerstein.com - and - Joshua H. Grabar, Esq. GRABAR LAW OFFICE One Liberty Place 1650 Market Street, Suite 3600 Philadelphia, PA 19103 Phone: (267) 507-6085 Email: jgrabar@grabarlaw.com EXPERIAN INFO: Standing Order on Newly Assigned Cases Entered ------------------------------------------------------------- In the class action lawsuit captioned as TANICE A. SMALL, v. EXPERIAN INFORMATION SOLUTIONS, INC., et al., Case No. 2:24-cv-04079-RGK-KS (C.D. Cal.), the Hon. Judge R. Gary Klausner entered a standing order regarding newly assigned cases: -- Service of the Complaint The Plaintiff(s) shall promptly serve the Complaint in accordance with Fed. R. Civ. P. 4 and file the proofs of service pursuant to Local Rule. Any Defendant(s) not timely served shall be dismissed from the action without prejudice. -- Removed Actions Any answers filed in state court must be refiled in this Court as a supplement to the petition. Any pending motions must be re- noticed in accordance with Local Rules. -- Petitions under 18 U.S.C. Section 983(f) Petitioner(s) shall file and serve within 3 days of the date of this order an ex parte application requesting a hearing on the Petition to ensure prompt resolution of the Petition in compliance with section 983(f)'s deadlines. -- Presence of Lead Counsel The attorney attending any proceeding before this Court, including all status and settlement conferences, must be the lead trial counsel. However, with respect to Scheduling Conferences, any attorney of record who is authorized to request and accept scheduling dates may appear in lieu of the lead trial counsel. Experian operates as an information services company. A copy of the Court's order dated May 29, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=ViIQpw at no extra charge.[CC] EXTRA SPACE: Heiting Suit Removed to C.D. California ---------------------------------------------------- The case styled as Anne Heiting, individually and on behalf of all others similarly situated v. EXTRA SPACE STORAGE INC., a Maryland corporation; DOES 1 through 25, inclusive, Case No. 24STCV09846 was removed from the Superior Court of the State of California in and for the County of Los Angeles, to the United States District Court for the Central District of California on May 22, 2024, and assigned Case No. 2:24-cv-04243. The Complaint alleges a single cause of action against Extra Space for violation of one of the provisions of the California Invasion of Privacy Act ("CIPA").[BN] The Defendants are represented by: Wynter L. Deagle, Esq. Anne-Marie D. Dao, Esq. Teresa R. Morin, Esq. SHEPPARD, MULLIN, RICHTER & HAMPTON LLP 12275 El Camino Real, Suite 100 San Diego, CA 92130-4092 Phone: 858.720.8900 Facsimile: 858.509.3691 Email: wdeagle@sheppardmullin.com adao@sheppardmullin.com tmorin@sheppardmullin.com FAIRFAX COUNTY SCHOOL: M.S. Sues Over Failure to Secure Data ------------------------------------------------------------ M.S. (minor) through Houeida Saad, next friend, individually and on behalf of all others similarly situated v. FAIRFAX COUNTY SCHOOL BOARD, Case No. 1:24-cv-00622-MSN-IDD (E.D. Va., April 15, 2024), is brought for damages with respect to Defendant for its deliberate indifference and failure to exercise reasonable care in securing and safeguarding its disabled students' sensitive personal data--including student names, dates of birth, student identification numbers, the names of student family members, demographic information, family addresses, and medical history of impairments and/or other information that could be used to traceably identify an individual student. Examples of these materials include academic advising spreadsheets and/or student courseload information and/or diagnoses such as attention deficit hyperactivity disorder ("ADHD") (personally identifying information" or "PII") and medical and health insurance information, which is protected health information ("PHI") and which is required to be held confidential and not disclosed pursuant to the Individuals with Disabilities Education Act ("IDEA"), and collectively with Private Information, ("Private Information") as defined by the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), the Family Educational Rights and Privacy Act ("FERPA") and Code of Virginia, safeguarding "Students' personally identifiable information." By obtaining, collecting, using, and deriving a benefit from the Private Information of Plaintiff and Class Members, specifically, federal funding for specialized programs for its students, Fairfax County Public Schools assumed legal and equitable duties to those individuals to protect and safeguard that information from unauthorized access and intrusion including to prevent the disclosure of those who in fact have submitted such Private Information. Fairfax County Public Schools' data security failures on or about October 19, 2023 (the "Data Breach"), allowed the dissemination of PII and PHI of its disabled students, and more significantly, disclosed the identity and Private Information of those students who submitted Private Information to Fairfax County Public Schools because they were disabled students, had record of disability or who are regarded as disabled. The Plaintiff brings this claim alleging class-wide disability discrimination under the Americans with Disabilities Act of 1990 ("ADA") which addresses disability discrimination by state and local governments and Section 504 of the Rehabilitation Act of 1974 ("Section 504"), which addresses disability discrimination by federal grantees. The Plaintiff's and Class Members' identities are now at risk because of Fairfax County Public Schools' conduct since the Private Information that Fairfax County Public Schools collected and maintained has now been disseminated to the world, including potentially data thieves, says the complaint. The Plaintiff is a student in Fairfax County Public Schools and is considered "disabled." Fairfax County School Board is the public school board that is responsible for overseeing operation and management of the public education system of the Fairfax County Public Schools ("FCPS").[BN] The Plaintiff is represented by: Matthew T. Sutter, Esq. SUTTER & TERPAK, PLLC 7540 Little River Tnpk., Suite A, First Floor Annandale, VA 22003 Phone: (703) 256-1800 Fax: (703) 991-6116 Email: matt@sutterandterpak.com - and - Sam W. Burgan, Esq. BURGAN & ASSOCIATES, P.C. 5673 Columbia Pike, Suite #201 Falls Church, VA 22041-2880 Phone: (703) 575-8810 Fax: (703) 575-8054 Email: sburgan@burganlaw.com - and - Nicholas A. Migliaccio, Esq. Jason S. Rathod, Esq. Migliaccio & Rathod LLP 412 H Street N.E., Suite 302 Washington, D.C. 20002 Phone: (202) 470-3520 Fax: (202) 800-2730 Email: nmigliaccio@classlawdc.com jrathod@classlawdc.com FAVORITE WORLD: Minor Suit Removed to C.D. California ----------------------------------------------------- The case styled as Davida Minor, Asha Ayanna, individually and on behalf of all others similarly situated v. Favorite World LLC, DOES 1-100 inclusive, Case No. 24STCV09896 was removed from the Los Angeles County Superior Court, to the U.S. District Court for the Central District of California on May 28, 2024. The District Court Clerk assigned Case No. 2:24-cv-04425 to the proceeding. The nature of suit is stated as Other P.I. for Personal Injury. Favorite World LLC doing business as Shapermint -- https://shapermint.com/ -- offers the most supportive bras, shapewear, underwear, leggings and more for every size and shape at amazing prices.[BN] The Plaintiffs appear pro se. The Defendants str represented by: Shawn Keith Collins, Esq. STRADLING YOCCA CARLSON AND RAUTH LLP 660 Newport Center Drive, Suite 1600 Newport Beach, CA 92660 Phone: (949) 725-4000 Fax: (949) 725-4100 Email: scollins@stradlinglaw.com FCA US LLC: Lynd Suit Transferred to E.D. New York -------------------------------------------------- The case styled as John Lynd, individually and on behalf of all others similarly situated v. FCA US LLC, Case No. 1:16-cv-00984 was transferred from the U.S. District Court for the Northern District of New York, to the U.S. District Court for the Eastern District of New York on May 22, 2024. The District Court Clerk assigned Case No. 2:24-cv-03727-JMA-SIL to the proceeding. The nature of suit is stated as Fraud or Truth-In-Lending. FCA US LLC designs, engineers, manufactures, and sells vehicles. The Company offers passenger cars, utility vehicles, mini-vans, trucks and commercial vans, as well as distributes automotive service parts and accessories.[BN] The Plaintiff is represented by: Dennis A. Lienhardt, Jr., Esq. THE MILLER LAW FIRM, P.C. 950 W. University Drive, Suite 300 Rochester, MI 48307 Phone: (248) 841-2200 Fax: (248) 652-2852 Email: dal@millerlawpc.com - and - Douglas Gregory Blankinship, Esq. Jeremiah Frei-Pearson, Esq. FINKELSTEIN, BLANKINSHIP, FREI-PEARSON & GARBER, LLP One North Broadway, Suite 900 White Plains, NY 10601 Phone: (914) 298-3290 Email: gblankinship@fbfglaw.com jfrei-pearson@fbfglaw.com FCA US: Teger Sues Over Sale of Vehicles with Defective Battery --------------------------------------------------------------- THOMAS TEGER, on behalf of himself and all others similarly situated, Plaintiff v. FCA US, LLC, Defendant, Case No. 2:24-cv-04570 (C.D. Cal., May 31, 2024) is a class action against the Defendant for breach of written warranty, breach of implied warranty, breach of express warranty, breach of covenant of good faith and fair dealing, violation of Unfair Business Practices Act. The case arises from FCA's design, manufacture, marketing, advertising, selling, warranting, and servicing of 2021 Jeep Wrangler Unlimited 4XE with alleged defective battery systems. According to the complaint, The Class Vehicles' battery systems have a serious design defect that causes the battery system to be unreasonably dangerous, due to debris in the manufacturing process of the Class Vehicles. The Plaintiff and members of the proposed class have been cautioned not to charge the battery under any circumstances. There is no recall for the defect, nor is there any fix offered by the Defendant. As a result of the Defendant's alleged misconduct, the Plaintiff and Class members were harmed and suffered actual damages, says the suit. FCA US, LLC is an automobile manufacturer based in Michigan. [BN] The Plaintiff is represented by: Todd M. Friedman, Esq. Adrian R. Bacon, Esq. Meghan E. George, Esq. LAW OFFICES OF TODD M. FRIEDMAN, P.C. 21031 Ventura Blvd., Suite 340 Woodland Hills, CA 91364 Telephone: (323) 306-4234 Facsimile: (866) 633-0228 Email: tfriedman@toddflaw.com abacon@toddflaw.com mgeorge@toddflaw.com FINISH LINE: Wilkins Suit Removed to E.D. Pennsylvania ------------------------------------------------------ The case styled as Andrew Wilkins, on behalf of himself and all others similarly situated v. THE FINISH LINE, INC., Case No. 2023-09543-TT was removed from the Court of Common Pleas of Chester County, Pennsylvania, to the United States District Court for the Eastern District of Pennsylvania on April 15, 2024, and assigned Case No. 2:24-cv-01558-JFM. The Plaintiff's Complaint asserts an alleged violation of Title III of the Americans with Disabilities Act ("ADA").[BN] The Defendant is represented by: Charles S. Marion, Esq. John P. Wixted, Pa I.D. No. 309044 BLANK ROME LLP One Logan Square 130 N. 18th St. Philadelphia, PA 19103 Phone: (215) 569-5384 Email: charles.marion@blankrome.com FORD MOTOR: Burke Sues Over Defective Design & False Advertising ---------------------------------------------------------------- Michael Burke, on behalf of himself and all others similarly situated v. FORD MOTOR COMPANY, Case No. 2:24-cv-11365-GCS-DRG (W.D.N.Y., May 22, 2024), is brought arising from Ford's unlawful conduct with respect to the defective design and/or manufacture of the Affected Vehicles, as well as Ford's deceptive and misleading marketing, advertising, and sale or lease of the Affected Vehicles to Plaintiff and the classes. This is a class action, brought under federal and New York law, on behalf of a proposed nationwide class and statewide subclass of consumers who purchased or leased one or more of the following vehicles designed and manufactured by Defendant Ford and equipped with a 360-Degree Camera system: a 2020-2023 Ford Explorer, a 2020-2023 Lincoln Aviator, and/or a 2020-2022 Lincoln Corsair (the "Affected Vehicles"). Specifically, Ford designed, manufactured, marketed, advertised, and sold or leased the Affected Vehicles to Plaintiff and the classes with a defective 360-Degree Camera system (the "Defective Camera"), which routinely and systematically "glitches" or malfunctions while the Affected Vehicles are operating in reverse, resulting in a total loss of the rear camera image and displaying instead a blank screen or blue or black image. This defect leaves the vehicle operator with no operational rear-view camera, and renders the 360-Degree Camera feature--an upgraded option for which Plaintiff and the classes paid extra--effectively useless while reversing. Ford knew, or should have known, about the Defective Cameras long before it marketed, advertised, and sold or leased the Affected Vehicles to Plaintiff and the classes, yet it never informed Plaintiff and the classes about the Defective Cameras in the Affected Vehicles. In the meantime, Plaintiff and the class are forced to continue to drive their new or newer Affected Vehicles with non-functioning rear-view cameras, placing themselves, their families, and others at an increased risk of a crash and bodily harm. Ford's design, manufacture, and installation of the Defective Cameras in the Affected Vehicles, and its subsequent marketing, advertising, and sale or lease of such vehicles to Plaintiff and the class without informing Plaintiff and the class of the Defective Cameras' inherent defects, is a deceptive act or practice and constitutes false advertising in violation of New York General Business Law, and further violates New York common law as set forth herein. Moreover, Ford's sale and lease of the Affected Vehicles containing the Defective Cameras, and its failure to repair said Defective Cameras after such sale and lease, is a violation of the Magnuson-Moss Warranty Act as well as common law and equitable principles, says the complaint. The Plaintiff purchased or leased from Defendant one or more Affected Vehicles with Defective Cameras within the class period. Ford is the designer, manufacturer, marketer, advertiser, and seller or lessor of Ford and Lincoln vehicles.[BN] The Plaintiff is represented by: Stephen P. DeNittis, Esq. DeNITTIS OSEFCHEN PRINCE, P.C. 315 Madison Avenue, 3rd Floor New York, NY 10017 Phone: (646) 979-3642 Facsimile: (856) 797-9978 Email: sdenittis@denittislaw.com - and - Michael E. Criden, Esq. Lindsey C. Grossman, Esq. CRIDEN & LOVE, P.A. 7301 SW 57th Court, Suite 515 South Miami, FL 33143 Phone: (305) 357-9000 Facsimile: (305) 357-9050 Email: mcriden@cridenlove.com lgrossman@cridenlove.com FREEDOM BOAT CLUB: Copeland Files TCPA Suit in N.D. Florida ----------------------------------------------------------- A class action lawsuit has been filed against Freedom Boat Club, LLC. The case is styled as Jordan Copeland, individually and on behalf of all others similarly situated v. Freedom Boat Club, LLC, Case No. 3:24-cv-00225-MCR-ZCB (N.D. Fla., May 22, 2024). The lawsuit is brought over alleged violation of the Telephone Consumer Protection Act for Restrictions of Use of Telephone Equipment. Freedom Boat Club -- https://www.freedomboatclub.com/ -- is a members-only boat club in the United States, Europe and Canada and is considered the largest marine Franchisor in the US.[BN] The Plaintiffs are represented by: Andrew John Shamis, Esq. SHAMIS & GENTILE, PA 14 NE 1st Ave., Ste. 1205 Miami, FL 33132 Phone: (305) 479-2299 Fax: (786) 623-0915 Email: ashamis@shamisgentile.com GNC HOLDINGS: Moquete Suit Removed to W.D. Washington ----------------------------------------------------- The case styled as Lea Moquete, individually and on behalf of all others similarly situated v. GNC HOLDINGS, LLC, a Foreign Limited Liability Company, and DOES 1-10, inclusive, Case No. 24STCV09846 was removed from the Superior Court of the State of Washington in and for the County of Pierce, to the United States District Court for the Western District of Washington on May 22, 2024, and assigned Case No. 3:24-cv-05393-BHS. The Complaint set forth four causes of action against Defendant: alleged Missed, Late, and/or Interrupted Meal and Rest Periods in Violation of WAC; alleged Unpaid Overtime Pursuant to WMWA, RCW; alleged Double Damages for Willful and Intentional Withholding of Wages Pursuant to RCW; and alleged Violation of RCW (Failure to Provide Pay Transparency in Job Postings).[BN] The Defendants are represented by: Breanne Sheetz Martell, Esq. Brian H. Rho, Esq. LITTLER MENDELSON, P.C. One Union Square 600 University Street, Suite 3200 Seattle, WA 98101.3122 Phone: (206) 623-3300 Fax: (206) 447-6965 Email: bsmartell@littler.com brho@littler.com GOLD MEDAL: Wertz Suit Seeks Unpaid Overtime Wages for Drivers -------------------------------------------------------------- RUSSELL WERTZ, individually and on behalf of all others similarly situated, Plaintiff v. GOLD MEDAL ENVIRONMENTAL OF PA INC. and PARKS GARBAGE SERVICE INC., Defendants, Case No. 2:24-cv-02352 (E.D. Pa., May 31, 2024) is a class action against the Defendants for failure to pay overtime wages and failure to provide accurate wage statements in violation of the Fair Labor Standards Act and the Pennsylvania Minimum Wage Act. Mr. Wertz was employed by the Defendants as a driver in Pennsylvania from approximately 2018 until May 2024. Gold Medal Environmental of PA Inc. is a full-service solid waste company in Pennsylvania. Parks Garbage Service Inc. is a wholly owned subsidiary of Gold Medal Environmental of PA Inc. based in Pennsylvania. [BN] The Plaintiff is represented by: Adam S. Levy, Esq. LAW OFFICE OF ADAM S. LEVY, LLC P.O. Box 88 Oreland, PA 19075 Telephone: (267) 994-6952l Email: adamslevy@comcast.net - and - Clif Alexander, Esq. Austin Anderson, Esq. Carter T. Hastings, Esq. ANDERSON ALEXANDER, PLLC 101 N. Shoreline Blvd., Suite 610 Corpus Christi, TX 78401 Telephone: (361) 452-1279 Facsimile: (361) 452-1284 Email: clif@a2xlaw.com austin@a2xlaw.com carter@a2xlaw.com GOODPRESS PUBLISHING: Reardon Files TCPA Suit in N.D. Georgia ------------------------------------------------------------- A class action lawsuit has been filed against GoodPress Publishing, L.C.. The case is styled as Paul Reardon, on behalf of himself and all others similarly situated v. GoodPress Publishing, L.C. doing business as: Simply the Best Digital Marketing, Case No. 1:24-cv-02322-VMC (N.D. Ga., May 28, 2024). The lawsuit is brought over alleged violation of the Telephone Consumer Protection Act for Restrictions of Use of Telephone Equipment. GoodPress Publishing, L.C. doing business as Simply The Best Digital Marketing -- https://simplythebestdigital.com/ -- is a leading PPC management company that uses paid advertising to increase leads and drive sales for your business.[BN] The Plaintiff is represented by: John A. Love, Esq. LOVE CONSUMER LAW 2500 Northwinds Parkway, Ste. 330 Alpharetta, GA 30009 Phone: (404) 855-3600 Email: tlove@loveconsumerlaw.com - and - Max Scott Morgan, Esq. THE WEITZ FIRM, LLC 1515 Market Street, Ste #1100 Philadelphia, PA 19102 Phone: (267) 587-6240 Fax: (215) 689-0875 Email: max.morgan@theweitzfirm.com GRAHAM COMPANIES: Pardo Sues Over Business' Accessibility Barriers ------------------------------------------------------------------ NIGEL FRANK DE LA TORRE PARDO, on behalf of himself and all others similarly situated, Plaintiff v. THE GRAHAM COMPANIES, CB THEATER EXPERIENCE LLC, and TORRO FOODS, LLC, Defendants, Case No. 1:24-cv-22088-KMW (S.D. Fla., May 31, 2024) is a class action against the Defendants for violations of the Americans with Disabilities Act. According to the complaint, the Defendants have failed to design, construct, maintain, and operate their facilities to be fully accessible to and independently usable by the Plaintiff and other persons with disabilities. The Defendants have continued to discriminate against people who are disabled in ways that block them from access and use of their property and businesses. The Plaintiff and similarly situated disabled individuals have encountered architectural barriers in common areas such as parking, entrance access and path of travel. The Plaintiff and Class members seek injunctive relief to remove the existing architectural barriers to the physically disabled when such removal is readily achievable for its place of public accommodation. The Graham Companies is a company that owns commercial property in Florida. CB Theater Experience LLC is a company that owns commercial movie theater in Florida. Torro Foods, LLC is a company that owns commercial restaurant in Florida. [BN] The Plaintiff is represented by: Beverly Virues, Esq. Armando Mejias, Esq. GARCIA-MENOCAL, P.L. 350 Sevilla Avenue, Suite 200 Coral Gables, FL 33134 Telephone: (305) 553-3464 Email: bvirues@lawgmp.com amejias@lawgmp.com - and - Ramon J. Diego, Esq. THE LAW OFFICE OF RAMON J. DIEGO, P.A. 5001 SW 74th Court, Suite 103 Miami, FL 33155 Telephone: (305) 350-3103 Email: rdiego@lawgmp.com GRAN LAGO: Pardo Sues Over ADA Violation ---------------------------------------- Nigel Frank De La Torre Pardo, individually and on behalf of all other similarly situated v. GRAN LAGO INVESTMENTS, INC., and SUBWAY 3147 INC d/b/a SUBWAY,, Case No. 1:24-cv-21470-CMA (S.D. Fla., April 18, 2024), is brought for injunctive relief, attorneys' fees, litigation expenses, and costs pursuant to the Americans with Disabilities Act ("ADA") as a result of the Defendant's discrimination against the individual Plaintiff by denying him access to, and full and equal enjoyment of, the goods, services, facilities, privileges, advantages and/or accommodations of the Commercial Property and businesses located therein. The ADA prohibits discrimination on the basis of disability and requires landlords and tenants to be liable for compliance. The subject Commercial Property is open to the public. The individual Plaintiff visits the Commercial Property and businesses located within the commercial property, to include a visit to the Commercial Property and businesses located within the Commercial Property in February 8, 2024, and encountered multiple violations of the ADA that directly affected his ability to use and enjoy the Commercial Property. He often visits the Commercial Property in order to avail himself of the goods and services offered there, and because it is approximately 35 miles from his residence and is near other businesses and restaurants he frequents as a patron. He plans to return to the Commercial Property within 2 months of the filing of this Complaint, in order to avail himself of the goods and services offered at the place of public accommodation and check if it has been remediated of the ADA violations he encountered. The Plaintiff found the Commercial Property and the business named herein located within the Commercial Property to be rife with ADA violations. The Plaintiff encountered architectural barriers at the Commercial Property, and business named herein located within the Commercial Property, and wishes to continue his patronage and use of each of the premises, says the complaint. The Plaintiff uses a wheelchair to ambulate. The Defendant owns, operates, and oversees the Commercial Property, its general parking lot and parking spots specific to the businesses therein, located in Miami Dade County, Florida.[BN] The Plaintiff is represented by: Beverly Virues, Esq. Armando Mejias, Esq. GARCIA-MENOCAL, P.L. 350 Sevilla Avenue, Suite 200 Coral Gables, Fl 33134 Phone: (305) 553-3464 Primary Email: bvirues@lawgmp.com Secondary Emails: amejias@lawgmp.com jacosta@lawgmp.com - and - Ramon J. Diego, Esq. THE LAW OFFICE OF RAMON J. DIEGO, P.A. 5001 SW 74th Court, Suite 103 Miami, FL, 33155 Phone: (305) 350-3103 Email: ramon@rjdiegolaw.com GREYLOCK MCKINNON: Hammler Sues Over Failure to Secure PHI & PII ---------------------------------------------------------------- Richard Hammler, Teresa Hammler and Lynne Kohler, individually and on behalf of those similarly situated v. GREYLOCK MCKINNON ASSOCIATES, INC., Case No. 1:24-cv-11029-DJC (D. Mass., April 18, 2024), is brought against Defendant ("GMA" or "Defendant") for failure to properly secure and safeguard Plaintiffs' and Class Members' protected health information ("PHI") and personally identifiable information ("PII") stored within Defendants' information network. As a provider of expert analyses, GMA knowingly obtains sensitive patient PHI/PII and has a resulting duty to securely maintain such information in confidence. GMA breached its duty to protect the sensitive PHI/PII entrusted to it. As such, Plaintiffs bring this Class action on behalf of themselves and the over 300,000 other individuals whose PHI/PII was accessed and exposed to unauthorized third parties during a data breach of Defendant's system on or before May 30, 2023, which GMA discovered on February 7, 2024 and announced publicly via letter to affected individuals in April 8, 2024 (the "Data Breach"). Indeed, Harvard Pilgrim did not inform Plaintiffs of the Data Breach until April 8, 2024, even though it became aware of the data breach February 7, 2024 which had occurred approximately a year earlier. A wide variety of PHI/PII was implicated in the breach, including but not limited to, names, social security number, date of birth, mailing address, telephone number, Medicare Beneficiary Identifier or Health Insurance Claim Number, driver's 'license number and state identification number, healthcare provider and prescription information and health insurance claims and policy subscriber information. As a direct and proximate result of GMA's inadequate data security, and its breach of its duty to handle PHI/PII with reasonable care, Plaintiff's PHI/PII has been accessed by hackers, posted on the dark web, and exposed to an untold number of unauthorized individuals. The Plaintiffs are now at a significantly increased and certainly impending risk of fraud, identity theft, misappropriation of health insurance benefits, intrusion of his health privacy, and similar forms of criminal mischief, and such risk may last for the rest of his life. Consequently, Plaintiffs must devote substantially more time, money, and energy to protect himself, to the extent possible, from these crimes, says the complaint. The Plaintiffs are participants in Medicare and their information was stored with and handled by Defendant as a result of the government dealing with Defendant. Greylock McKinnon Associates, Inc. provides expert economic analysis and litigation support.[BN] The Plaintiff is represented by: Erica C. Mirabella, Esq. MIRABELLA LAW LLC 132 Boylston Street, 5th Floor Boston, MA 02116 Phone: (617)580-8270 Email: erica@mirabellaLLC.com - and - Marc H. Edelson, Esq. Liberato P. Verderame Edelson, Esq. EDELSON LECHTZIN LLP 411 S. State Street, Suite N300 Newtown, PA 18940 Phone: (215) 867-2399 Email: medelson@edelson-law.com lverderame@edelson-law.com GREYSTAR MANAGEMENT: Baker Sues Over Unlawful Taking of Deposits ---------------------------------------------------------------- Julia Baker, individually, and on behalf of all others similarly situated v. GREYSTAR MANAGEMENT SERVICES, L.P., Case No. 8:24-cv-01251 (M.D. Fla., May 23, 2024), is brought arises from Greystar's unlawful taking of Security Deposits from its residential tenants. Specifically, Greystar violates the Florida Residential Landlord Tenant Act ("FRLTA"), by prematurely taking tenant security deposits; and failing to provide tenants the statutorily required Notice of Intention to Impose a Claim on Security Deposit Letter ("Security Deposit Letter") in which Greystar also unlawfully seeks a setoff from the security deposits for amounts allegedly due over and above the security deposit in violation of the Florida Consumer Collection Practices Act ("FCCPA"). The Plaintiff has standing to bring a claim under the FCCPA because she was directly affected by violations of these Acts and had money taken from her in the form of a security deposit in connection with Greystar's illegal and improper debt collection activities, says the complaint. The Plaintiff was a "tenant." Greystar is the property management arm of Greystar Real Estate Partners and owns $76 billion of assets, consisting primarily of multi-family real estate.[BN] The Plaintiff is represented by: Brian W. Warwick, Esq. Janet R. Varnell, Esq. Pamela G. Levinson, Esq. Jeffrey L. Newsome, Esq. Christopher J. Brochu, Esq. VARNELL & WARWICK, P.A. 400 N Ashley Drive, Suite 1900 Tampa, FL 33602 Phone: (352) 753-8600 Facsimile: (352) 504-3301 Email: bwarwick@vandwlaw.com jvarnell@vandwlaw.com plevinson@vandwlaw.com jnewsome@vandwlaw.com cbrochu@vandwlaw.com ckoerner@vandwlaw.com mjett@vandwlaw.com H.HOLDINGS LLC: Mortland Sues Over ADA Violation ------------------------------------------------ Derek Mortland, individually, and on behalf of individuals similarly situated v. H.Holdings LLC, an Ohio limited liability company, a Pennsylvania Corporation, Case No. 3:24-cv-00678-JRK (N.D. Ohio, April 15, 2024), is brought pursuant to the enforcement provision of the American with Disabilities Act of 1990 against the Defendant in violation of the ADA by failing to, inter alia, have accessible facilities. The hotel owned and operated by the Defendant underwent extensive renovation and alteration by the Defendant (or its predecessor) in the years 2000, 2016 and 2017. Among the alterations included Defendant constructed and added a new lobby and a swimming pool to the property in 2010. In 2016 and 2017 the Defendant made structural alterations to the primary function areas of the hotel. The renovations and addition are non-compliant with the remedial provisions of the ADA for newly designed and constructed or altered facilities. Full compliance with the implementing regulations of the ADA to all new construction and all altered public accommodation areas is required for this hotel unless it would be structurally impracticable in which case compliance is required to the extent that it is not structurally impracticable, says the complaint. The Plaintiff is an individual diagnosed with spinal paralysis and permanently uses a wheelchair for mobility. H.Holdings LLC owns and/or operates a hotel located in Maumee, Ohio known as Hampton Inn-South/Maumee in Lucas County.[BN] The Plaintiff is are represented by: Owen B. Dunn, Jr., Esq. LAW OFFCIES OF OWEN B. DUNN, JR. 4334 W. Central Ave., Suite 222 Toledo, OH 43615 Phone: (734) 240-0848 - Monroe, MI Phone: (419) 241-9661 – Toledo, OH Facsimile: (419) 241-9737 Email: dunnlawoffice@sbcglobal.net HENNESSY CAPITAL: Murphy Files Suit in Cal. Super. Ct. ------------------------------------------------------ A class action lawsuit has been filed against Hennessy Capital Acquisition Corp. IV, et al. The case is styled as, Kevin Murphy, and other similarly situated v. Hennessy Capital Acquisition Corp. IV, Aquila Tony, Balciunas Paul, Bell Bradley, Burns Richard, Ethridge Greg E., Hennessy Capital Partners IV LLC, Hennessy Daniel B., Kranz Ulrich, Mas Juan Carlos, McClain Gretchen W., Murphy Kevin, O'Neil James F. III, Petruska Nicholas, Shea Peter K., Case No. 24STCV09899 (Cal. Super. Ct., Los Angeles Cty., April 19, 2024). Hennessy Capital Acquisition Corp. IV is a special purpose acquisition company (or SPAC).[BN] The Plaintiffs are represented by: Kristopher Price Diulio, Esq. FORD & DIULIO PC 3200 Park Center Dr., Ste. 210 Costa Mesa, CA 92626-7233 Phone: 714-450-6830 Email: KDiulio@FordDiulio.com HIGHER EDUCATION: Coffey Files TCPA Suit in M.D. Florida -------------------------------------------------------- A class action lawsuit has been filed against Higher Education Loan Authority of the State of Missouri. The case is styled as Tracie Coffey, individually and on behalf of others similarly situated v. Higher Education Loan Authority of the State of Missouri d/b/a MOHELA, Case No. 5:24-cv-00270 (M.D. Fla., May 28, 2024). The lawsuit is brought over alleged violation of the Telephone Consumer Protection Act for Restrictions of Use of Telephone Equipment. The Higher Education Loan Authority of the State of Missouri -- http://www.mohela.com/-- also known as the Missouri Higher Education Loan Authority or MOHELA is one of the largest holders and servicers of student loans in the United States.[BN] The Plaintiff is represented by: Mohammad Kazerouni, Esq. KAZEROUNI LAW GROUP APC 245 Fischer Avenue Suite D1 Costa Mesa, CA 92626 Phone: (800) 400-6808 Fax: (800) 520-5523 Email: ak@kazlg.com HIGHTECHLENDING: Filing for Class Status Bid Continued to August 16 ------------------------------------------------------------------- In the class action lawsuit captioned as THANE CHARMAN, an individual and on behalf of all others similarly situated, v. HIGHTECHLENDING INC, d/b/a AMERICAN SENIOR, a business entity and JOHN DOE an unknown business entity, Case No. 3:23-cv-01235-AJB-KSC (S.D. Cal.), the Hon. Judge Karen Crawford entered an order granting in part the joint motion to continue deadlines in scheduling order regulating class certification, discovery, and other pre-trial proceedings. Activity Current Date New Date Status Conference1 Sept. 27, 2024, June 7, 2024, 9:30 a.m. 9:00 a.m. Last Day to Complete All May 23, 2024 July 12, 2024 Class Discovery Last Day to File Motion June 28, 2024 Aug. 16, 2024 for Class Certification HighTechLending is a mortgage bank and direct lender in Califiornia. A copy of the Court's order dated May 29, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=J0uGHr at no extra charge.[CC] HOPE CREDIT: Filing for Class Cert Bid in Martinez Due Nov. 29 -------------------------------------------------------------- In the class action lawsuit captioned as MARGARET MARTINEZ, individually and on behalf of all others similarly situated, Plaintiff, v. HOPE CREDIT, LLC, Case No. 2:23-cv-01003-BNW (D. Nev.), the Court granting parties request adoption of the following deadlines: -- Discovery Cut-off: Jan, /27, 2025 -- Deadline to Disclose Expert Sept. 30, 2024 Disclosures: -- Deadline to Disclose Rebuttal Nov. 29, 2024 Expert Disclosures: -- Deadline for Class Certification: Nov. 29, 2024 -- Deadline to File Dispositive Motions: Feb. 25, 2025 Hope Credit was a higher education tax credit. A copy of the Court's order dated May 29, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=A9FZKC at no extra charge.[CC] The Plaintiff is represented by: Gustavo Ponce, Esq. Mona Amini, Esq. KAZEROUNI LAW GROUP, APC 6787 W. Tropicana Ave., Suite 250 Las Vegas, NV 89103 Telephone: (800) 400-6808 Facsimile: (800) 520-5523 E-mail: gustavo@kazlg.com mona@kazlg.co The Defendant is represented by: R. Christopher Reade, Esq. Rowland Graff, Esq. CORY READE DOWS & SHAFER 1333 North Buffalo Drive, Suite 210 Las Vegas, NV 89128 HSBC BANK USA: Charles Sues Over Unpaid Overtime Wages ------------------------------------------------------ Donald Charles, on behalf of himself, FLSA Collective Plaintiffs, and the Class v. HSBC BANK USA, N.A., Case No. 1:24-cv-03992 (S.D.N.Y., May 23, 2024), is brought pursuant to the Fair Labor Standards Act ("FLSA") and the New York Labor Law ("NYLL") that they and others similarly situated are entitled to recover from Defendants: unpaid wages, including overtime, due to off-the-clock work, statutory penalties; liquidated damages, and attorneys' fees and costs. The Defendant instituted a nationwide policy of not compensating meal breaks of employees, despite employees being forced to work through their meals. The Defendant required Class members to self-report for meal breaks and for their weekly work hours. As part of this self-reporting, employees were instructed to record their exact scheduled hours, including scheduled meal breaks, and not self-report any hours over 40 hours in a week, unless overtime work was pre- approved by management. The Defendant was aware that Class members worked through the meal breaks, and implemented a policy that fostered employers to self-report less time even though its written policy urged employees to report accurately. In addition to the failure to pay employees for all hours worked due to uncompensated meal breaks, they worked hours beyond their schedules, including overtime hours, which they could not self-report without fear of reprisals. Plaintiff, FLSA Collective Plaintiffs, and Class members worked hours beyond their scheduled shifts but were instructed not to put time past 40 hours a week. Plaintiff, FLSA Collective Plaintiffs, and Class members would self-report 40 hours but work beyond that time to complete all required work and meet their Key Performance Indicators (certain quantified performance targets), in order to avoid being subject to productivity reviews and possible reprimand/termination, says the complaint. The Plaintiff was hired by Defendant to work as a Customer Service Representative a/k/a teller at Defendant's HSBC branch in Brooklyn New York. The Defendant offers banking and financial services across the United States.[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 Phone: 212-465-1188 Fax: 212-465-1181 HYUNDAI CAPITAL: Filing for Class Cert Bid Extended to Oct. 25 -------------------------------------------------------------- In the class action lawsuit captioned as Metcalfe v. Hyundai Capital America, et al., Case No. 1:22-cv-00378 (D.R.I., Filed Oct. 19, 2022), the Hon. Judge John J. Mcconnell, Jr. entered an order on motion for extension of scheduling order deadlines as follows: -- The remaining deadlines will stay in place as previously set. -- Factual Discovery to be completed by Dec. 13, 2024. -- Plaintiff to file her motion for class certification on Oct. 25, 2024 -- The Defendant to respond by Dec. 9, 2024. -- Plaintiff to reply on Jan. 10, 2025. The nature of suit states consumer credit. Hyundai Capital provides commercial finance services.[CC] I FUND DAILY: Landers Files TCPA Suit in M.D. Florida ----------------------------------------------------- A class action lawsuit has been filed against I Fund Daily LLC. The case is styled as Erik Landers, individually and on behalf of all others similarly situated v. I Fund Daily LLC d/b/a Lendtek, Case No. 6:24-cv-00985 (M.D. Fla., May 28, 2024). The lawsuit is brought over alleged violation of the Telephone Consumer Protection Act for Restrictions of Use of Telephone Equipment. I Fund Daily LLC doing business as Lendtek -- https://www.lendtek.com/ -- is an online marketplace that utilizes a match-making algorithm powered by Artificial Intelligence (A.I) connecting small business owners to a network of over 100 verified banks to compare and choose trusted loan options without impacting their credit..[BN] The Plaintiff is represented by: Ryan Lee McBride, Esq. KAZEROUNI LAW GROUP APC 2221 Camino Del Rio S., Suite 101 San Diego, CA 92108 Phone: (800) 400-6808 Email: ryan@kazlg.com I HEALTH AND LIFE: Conn Files TCPA Suit in E.D. California ---------------------------------------------------------- A class action lawsuit has been filed against I Health and Life Insurance Services. The case is styled as Shanna Conn, individually and on behalf of all others similarly situated v. I Health and Life Insurance Services, Case No. 1:24-cv-00630-BAM (E.D. Cal., May 29, 2024). The lawsuit is brought over alleged violation of the Telephone Consumer Protection Act for Restrictions of Use of Telephone Equipment. I Health and Life Insurance services is a health insurance sales agency providing major medical plans.[BN] The Plaintiff is represented by: Gustavo Ponce, Esq. KAZEROUNI LAW GROUP APC 245 Fischer Ave., Unit D1 Costa Mesa, CA 89148 Phone: (800) 520-5523 Email: gustavo@kazlg.com INDEGENE INC: Plaintiff Must File Class Cert Bid by June 28 ----------------------------------------------------------- In the class action lawsuit captioned as PROGRESSIVE HEALTH AND REHAB CORP. v. INDEGENE, INC. et al., Case No. 1:20-cv-10106-ESK-AMD (D.N.J.), the Hon. Judge Ann Marie Donio entered an order granting the request to extend the deadline for the Plaintiff to file its motion for class certification to June 28, 2024. In the Scheduling Order of April 18, 2024, the Court set the deadline of June 7, 2024, for filing any motion for class certification. Good cause supports the requested extension. The Plaintiff's co-counsel responsible for the drafting of the motion for class certification now has two briefs due in a case pending in Middle District of Florida, Marc Irwin Sharfman, M.D., P.A. v. Precision Imaging St. Augustine LLC, et al., Case No. 6:22-cv-00642, one objecting to an eleven page discovery order by the magistrate judge issued on May 20, 2024 due June 3, 2024. Indegene offers research & development, commercial, and marketing services. A copy of the Court's order dated May 29, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=yFkGeA at no extra charge.[CC] The Plaintiff is represented by: Matthew N. Fiorovanti, Esq. GIORDANO, HALLERAN & CIESLA 125 Half Mile Road, Suite 300 Red Bank, NJ 07701-6777 Telephone: (732) 741-3900 Facsimile: (732) 224-6599 INSOMNIA COOKIES: Williams Bid to Certify Class Stricken --------------------------------------------------------- In the class action lawsuit captioned as Williams, et al., v. Insomnia Cookies, LLC, et al., Case No. 4:23-cv-00669 (E.D. Mo., Filed May 19, 2023), the Hon. Judge Ronnie L. White entered an order that the Plaintiffs' motion to conditionally certify collective class, declaration, memorandum in support of motion to certify class conditionally, motion to amend/correct amended complaint, declaration, and memorandum in support of motion to amend/correct amended complaint, are stricken from the record for a number of filing errors. -- The Plaintiffs failed to comply with E.D.Mo. L.R. 2.01 in that a motion filed with the Court must be double spaced. Plaintiffs failed to comply with E.D.Mo. L.R. 4.01 in that evidentiary documents filed in support of a motion should be filed as exhibits attached to the memorandum in support of the motion, not as attachments to a declaration filed as a separate docket entry. Moreover, documents that require leave of Court, such as a proposed Amended Complaint, should be submitted as an attachment to the motion for leave, not as an attachment to a declaration filed as a separate docket entry. See CM/ECF Procedures Manual, Section II.B. -- The Court further notes that prior filings with the Court, such as pleadings, that are referenced in subsequent motions or memoranda should not be attached as exhibits. Counsel need only refer to the prior filings by title and docket entry number. -- Finally, no documents should be filed in this case on behalf of Plaintiff Michael Williams. The suit alleges violation of the Fair Labor Standards Act (FLSA).[CC] Insomnia Cookies offers bakery products such as cookies with various toppings. INSULET CORP: Jones Seeks to Invalidate Unlawful Resignation Bylaw ------------------------------------------------------------------ AARON JONES, on behalf of himself and all other similarly situated stockholders of INSULET CORPORATION, Plaintiff v. INSULET CORPORATION, Defendant, Case No. 2024-0554 (Del. Ch., May 24, 2024) seeks declaratory relief invalidating the Irrevocable Resignation Requirement of the Company's Amended and Restated Bylaws, effective February 18, 2022. Allegedly, the Irrevocable Resignation Requirement allows the Company's board of directors to usurp stockholders' exclusive right to select the members of the Board. Moreover, the Irrevocable Resignation Requirement also allows the Board to arbitrarily remove any stockholder-nominated Board member effectively at will. The Irrevocable Resignation Provision requires a Stockholder Nominee to provide the Company with an irrevocable resignation that becomes effective, not if the Stockholder Nominee (after being elected to the Board) fails to receive a specified vote for reelection, but upon the Board's determination that either information supplied to the Company with respect to the Stockholder Nominee (pursuant to the Proxy Access Bylaw) was untrue in any material respect or omitted material facts, or that the Stockholder Nominee (or the nominating Eligible Stockholder) failed to comply with any obligation under, or breached a representation made pursuant to, the Proxy Access Bylaw. Accordingly, the Irrevocable Resignation Requirement violates Sections 141 and 211 of the Delaware Code, says the suit. Headquartered in Massachusetts, Insulet Corporation is a medical device company engaged in the development, manufacturing, and sale of insulin delivery systems. [BN] The Plaintiff is represented by: Kimberly A. Evans, Esq. Irene R. Lax, Esq. Robert Erikson, Esq. 3801 Kennett Pike, Suite C-305 Wilmington, DE 19807 Telephone: (302) 499-3600 E-mail: kim@blockleviton.com irene@blockleviton.com robby@blockleviton.com - and - Jason Leviton, Esq. BLOCK & LEVITON LLP 260 Franklin Street, Suite 1860 Boston, MA 02110 Telephone: (617) 398-5600 - and - J. Abbott R. Cooper, Esq. ABBOTT COOPER PLLC 1266 East Main Street, Suite 700R Stamford, CT 06902 Telephone: (475) 333-0674 INTERNATIONAL SECURITY: St. Charles Sues Over Unpaid Wages ---------------------------------------------------------- Yanick St. Charles, and all others similarly-situated v. INTERNATIONAL SECURITY GUARD SERVICES, INC. FENEL LUXAMA AND WILMENE DORVIL; Case No. 1:24-cv-22063-XXXX (S.D. Fla., May 29, 2024), is brought arising under the Fair Labor Standards Act as a result of the Defendants failure to pay the Plaintiff Minimum and Overtime Wages. Both the FLSAand Florida Amendment 2 ($12.00) require that employees be paid a minimum wage. The calculation found in paragraph 13 above, applies the agreed-upon rate of $14.00 per hour, but should be modified to $12.00 per hour for purposes of the minimum wage Count. The Plaintiff was only paid once in the amount of $850.00 in total, via Zelle after two months of work including six-week days and overtime. Defendants failed to pay Plaintiffs at or above the minimum hourly wage required by federal and state law. The Plaintiff regularly worked over 40 hours per week while employed by the Defendants. The Defendants never paid any overtime compensation to the Plaintiffs for their work. The Defendants knowingly and willfully failed to pay Plaintiffs the overtime compensation required by both the FLSA and Florida Statutes, says the complaint. The Plaintiff has been employed as a security guard providing services the Miami-Dade County Public Schools. The Defendant provides security services for the Miami-Dade County Public Schools among other entities.[BN] The Plaintiff is represented by: Claudio R. Cedrez Pellegrino, Esq. 11098 Biscayne Blvd., Suite 100A Miami, FL 33161 Phone 305/763-8678 Facsimile: 786 664-6596 Email: eservice@cedrezlaw.com ISPC INC: Calloway Files FCRA Suit in M.D. Florida -------------------------------------------------- A class action lawsuit has been filed against ISPC, INC. The case is styled as Kali Calloway, individually and on behalf of others similarly situated v. ISPC, INC. f/k/a The Independent Savings Plan Co, Case No. 8:24-cv-01307 (M.D. Fla., May 29, 2024). The lawsuit is brought over alleged violation of the Fair Credit Reporting Act. The Independent Savings Plan Company (ISPC) -- https://theispc.com/ -- is a Florida based finance company.[BN] The Plaintiff is represented by: Ryan Lee McBride, Esq. KAZEROUNI LAW GROUP APC 2221 Camino Del Rio S., Suite 101 San Diego, CA 92108 Phone: (800) 400-6808 Email: ryan@kazlg.com JAMIN LEATHER: Pretrial Management Order Entered in Liz Class Suit ------------------------------------------------------------------ In the class action lawsuit captioned as PEDRO LIZ, v. JAMIN LEATHER, LLC, Case No. 1:24-cv-03951-JMF-BCM (S.D.N.Y.), the Hon. Judge Barbara Moses entered an order regarding general pretrial management. -- All pretrial motions and applications, including those related to scheduling and discovery (but excluding motions to dismiss or for judgment on the pleadings, for injunctive relief, for summary judgment, or for class certification under Fed. R. Civ. P. 23) must be made to Judge Moses and in compliance with this Court's Individual Practices in Civil Cases, available on the Court's website at https://nysd.uscourts.gov/hon-barbara-moses. -- Once a discovery schedule has been issued, all discovery must be initiated in time to be concluded by the close of discovery set by the Court. -- Discovery applications, including letter-motions requesting discovery conferences, must be made promptly after the need for such an application arises and must comply with Local Civil Rule 37.2 and section 2(b) of Judge Moses's Individual Practices. -- Counsel for the plaintiff must serve a copy of this Order on any defendant previously served with the summons and complaint, must serve this Order along with the summons and complaint on all defendants served hereafter, and must file proof of such service with the Court Jamin manufactures, designs, and sells exclusive leather goods, which include motorcycle apparel, and leather accessories. A copy of the Court's order dated May 29, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=gOjswQ at no extra charge.[CC] KELLER WILLIAMS: Devlin Sues Over Breach of Contract ---------------------------------------------------- Michael Devlin and MD Group, LLC, individually and on behalf of all others similarly situated v. Keller Williams Realty, Inc., a Texas corporation, Case No. 5:24-cv-02332-VKD (N.D. Cal., April 19, 2024), is brought arising from a breach of contract by Keller Williams, unjust enrichment to Keller Williams relating to payments owed under the Keller Williams Profit Sharing Program, declaratory judgment seeking a declaration of this Court that any changes reducing Profit Sharing Program distributions earned by and owed to vested Profit Sharing Program participants cannot be made retroactive, and permanent injunctive relief prohibiting Keller Williams from reducing the Profit Sharing Program distributions to vested plan participants. The Profit Sharing Program was developed to be a way to reward those associates who helped build the company. Keller Williams used the Profit Sharing Program as a way to encourage the recruitment of top associates to Keller Williams by Keller Williams associates. The Profit Sharing Program was designed to be an open-ended profit sharing program that allowed Keller Williams associates, investors, Team Leaders, Market Center staff, Keller Williams staff, and Regional Directors to participate in profits they helped to create without assuming any financial risk. According to the Policies & Guidelines Manual, Keller Williams did not have the right to amend any aspect of the Profit Sharing Program method of calculating a Market Center's Profit Sharing Contribution or a recruiting sponsor's profit sharing distribution except as specifically directed by the International Associate Leadership Counsel ("IALC"). The IALC changed the terms of the Profit Sharing Program for Effected Participants and reduced the monthly Profit Sharing distribution from down to 5% of what they are owed. They are owed the full amount because they are vested and earned this amount when they recruited sales associates to join Keller Williams. In an effort to force Effected Participants to return to work with Keller Williams, the IALC included a provision that Effected Participants could return to Keller Williams within six months of receiving notice that their Profit Sharing Program was to be reduced and have the distribution reinstated to 100% payment. Anticipating that the changes to the Profit Sharing Program were a breach of contract or other actionable conduct, the IALC added a provision in the section regarding termination or amendment of the Profit Sharing Program that stated "Administration and Defense of the Profit Sharing Program. Any and all funds in the Profit Share program may be utilized by KWRI for administration or defense of the Profit Share program, including to cover all costs, attorneys' fees, expenses, sums of money, debts, interest, losses, damages, settlements, fines, penalties, assessment, and judgments incurred, levied or resulting from any claims or disputes relating to the Profit Share program," says the complaint. The Plaintiff MD Group, LLC and Plaintiff Michael Devlin were associated with Keller Williams in various positions from 2010 to 2017. Keller Williams has its corporate headquarters in Austin, Texas.[BN] The Plaintiffs are represented by: Kenneth B. McClain, Esq. Kevin D. Stanley, Esq. Jonathan M. Soper, Esq. HUMPHREY, FARRINGTON & McCLAIN, P.C. 221 W. Lexington Street, Suite 400 Independence, MO 64050 Phone: (816) 836-5050 Fax: (816) 836-8966 - and - Jordon R. Harlan, Esq. HARLAN LAW, PC 1245 Island Avenue San Diego, CA 92101 Phone: (619) 870-0802 Fax: (619) 870-0815 KEVIN MURPHY USA: Jackson Sues Over Blind-Inaccessible Website -------------------------------------------------------------- Sylinia Jackson, on behalf of herself and all other persons similarly situated v. KEVIN MURPHY USA INC., Case No. 1:24-cv-04110 (S.D.N.Y., May 29, 2024), is brought against the Defendants for its failure to design, construct, maintain, and operate its website to be fully and equally accessible to and independently usable by Plaintiff and other blind or visually impaired people. The Defendant's denial of full and equal access to its website, and therefore denial of its services offered thereby, is a violation of the Plaintiff's rights under the Americans with Disabilities Act. Because the Defendant's website, https://kevinmurphy.com.au/us/en/km/, (the "Website" or "Defendant's website"), is not equally accessible to blind and visually-impaired consumers, it violates the ADA. The Plaintiff seeks a permanent injunction to cause a change in the Defendant's corporate policies, practices, and procedures so that the Defendant's website will become and remain accessible to blind and visually-impaired consumers, says the complaint. The Plaintiff is a visually-impaired and legally blind person who requires screen-reading software to read website content using her computer. The Defendant offers the commercial website, https://kevinmurphy.com.au/us/en/km/, to the public.[BN] The Plaintiff is represented by: Dana L. Gottlieb, Esq. Michael A. LaBollita, Esq. Jeffrey M. Gottlieb, Esq. GOTTLIEB & ASSOCIATES 150 East 18th Street, Suite PHR New York, N.Y. 10003-2461 Phone: (212) 228-9795 Fax: (212) 982-6284 Email: dana@gottlieb.legal michael@gottlieb.legal jeffrey@gottlieb.legal KITE ENVIRONMENTAL: Moreno Suit Removed to S.D. Florida ------------------------------------------------------- The case styled as Eduardo Horacio Perez Moreno, and all others similarly situated v. KITE ENVIRONMENTAL INC., Case No. 24CV01165 was removed from the Court for the Circuit Court of the 11th Judicial Circuit, in and for Miami-Dade County, Florida, to the United States District Court for the Southern District of Florida on May 28, 2024, and assigned Case No. 1:24-cv-22019-XXXX. The Complaint alleges that "This is also an action by the Plaintiff and other similarly-situated individuals for damages for Defendant's violation for unpaid wages and overtime wages under the Fair Labor Standards Act ("FLSA")."[BN] The Defendants are represented by: Adi Amit, Esq. ADI AMIT, P.A. 101 NE 3rd Ave., Suite 300 Fort Lauderdale, Florida 33301 Phone: (954) 533-5922 Fax: (954) 302-4963 Email: adi@defenderofbusiness.com KNOX COUNTY, TN: Violates Rights of Detained Children, Suit Says ---------------------------------------------------------------- J.B.H., individually on behalf of himself and all others similarly situated, by his next friend Debra Medlock, Plaintiffs v. KNOX COUNTY; CHIEF JUDGE RAYMOND A. CAVANAUGH of the Ninth Judicial Circuit Court; BRIDGET E. PLETZ, Director of Court Services of the Ninth Judicial Circuit Court, and WENDI L. STECK, Superintendent of the Mary Davis Home, Defendants, Case No.4:24-cv-04096-SLD-JEH (C.D. IL., May 28, 2024) is an action seeking declaratory and injunctive relief requiring the Defendants to provide constitutionally adequate conditions of confinement at Mary Davis Detention Home ("MDH" or "the Center"), including mental health and educational services. According to the complaint, MDH detains children as young as 11 years old. The children who make their way to the Center are a uniquely vulnerable population; many have suffered abuse and trauma in their lives and face significant mental health issues that predate their incarceration. Once detained, these children are under Defendants' exclusive, full-time care at a crucial point in their physical, psychological, educational, and social development, says the suit. MDH has the responsibility of raising these children for the time they are within the walls of the facility. But instead of caring for them, Defendants subject them to inhumane conditions of confinement that are well known to cause lasting harm, especially to the young, the suit added. KNOX COUNTY is located in the U.S. state of Tennessee. Knox County is included in the Knoxville metropolitan area. [BN] The Plaintiff is represented by: Kevin M. Fee, Esq. Camille E. Bennett, Esq. Samantha Reed, Esq. Alexis Picard, Esq. ROGER BALDWIN FOUNDATION OF ACLU, INC. 150 N. Michigan, Suite 600 Chicago, IL 60601 Telephone: (312) 201-9740 Facsimile: (312) 201-9760 Email: cbennett@aclu-il.org kfee@aclu-il.org sreed@aclu-il.org apicard@aclu-il.org KWAN HOON: Blind Can't Access Online Store, Wahab Suit Alleges -------------------------------------------------------------- ANGELA WAHAB, on behalf of herself and all others similarly situated, Plaintiff v. KWAN HOON, INC., Defendant, Case No. 1:24-cv-04185 (S.D.N.Y., May 31, 2024) is a class action against the Defendant for violations of Title III of the Americans with Disabilities Act and the New York City Human Rights Law, and for declaratory relief. According to the complaint, the Defendant has failed to design, construct, maintain, and operate its website to be fully accessible to and independently usable by the Plaintiff and other blind or visually impaired persons. The Defendant's website, www.brownycoffee.com, contains access barriers which hinder the Plaintiff and Class members to enjoy the benefits of its online goods, content, and services offered to the public through the website. The accessibility issues on the website include, but not limited to: missing alternative text (alt-text), hidden elements on web pages, incorrectly formatted lists, unannounced pop ups, unclear labels for interactive elements, and the requirement that some events be performed solely with a mouse, says the suit. The Plaintiff and Class members seek permanent injunction to cause a change in the Defendant's corporate policies, practices, and procedures so that the Defendant's website will become and remain accessible to blind and visually impaired individuals. Kwan Hoon, Inc. is a company that sells online goods and services, doing business in New York. [BN] The Plaintiff is represented by: Rami Salim, Esq. STEIN SAKS, PLLC One University Plaza, Suite 620 Hackensack, NJ 07601 Telephone: (201) 282-6500 Facsimile: (201) 282-6501 Email: rsalim@steinsakslegal.com LA-Z-BOY: Jacobs Sues Over False and Misleading Advertising ----------------------------------------------------------- Jeffrey Jacobs, individually and on behalf of all others similarly situated v. LA-Z-BOY INCORPORATED, a Michigan corporation; and DOES 1 through 25, inclusive, Case No. 2:24-cv-04446 (N.D. Cal., May 29, 2024), is brought against the Defendant for false and misleading marketing, advertising, and pricing scheme in violation of California's Unfair Competition Law (the "UCL"); California's False Advertising Law (the "FAL"); California's Consumers Legal Remedies Act (the "CLRA").; and the Federal Trade Commission ("FTC") Act ("FTCA"), which prohibits "unfair or deceptive acts or practices in or affecting commerce." The Defendant has continually advertised and sold falsely discounted furniture and home décor products through its e-commerce retail channel, joybird.com, and in its Joybird retail showrooms. False reference pricing occurs when a seller fabricates a false "original" price for a product and then offers that product at a substantially lower price under the guise of a discount. The resulting artificial price disparity misleads consumers into believing the product they are buying has a higher market value, and it induces them into purchasing the product. This practice artificially inflates the market price for these products by raising consumers' internal reference price and in turn the perceived value consumers ascribe to these products (i.e., demand) Consequently false reference pricing schemes enable retailers, like Defendant, to sell products above their true market price and value, leaving consumers to pay the inflated price regardless of what they thought of the purported discount. Consumers are thus damaged not only by not receiving the promised discount, but by paying a premium the products would not have commanded but for the false reference pricing scheme. The Plaintiff brings this action on behalf of himself and other similarly situated consumers who have purchased one or more of Defendant's Joybird items advertised at a purported discount from a fictitious higher reference price from joybird.com and through Joybird retail showroom stores in California. Plaintiff intends to halt the dissemination and perpetuation of this false, misleading, and deceptive pricing scheme, to correct the false and harmful perception it has created in the minds of consumers, and to obtain redress for those who overpaid for merchandise tainted by this deceptive pricing scheme, says the complaint. The Plaintiff went shopping for some new furniture at the Joybird showroom. The Defendant "owns Joybird, a leading e-commerce retailer and manufacturer of upholstered furniture."[BN] The Plaintiff is represented by: Todd D. Carpenter, Esq. Scott G. Braden, Esq. James B. Drimmer, Esq. CARLSON LYNCH LLP 1234 Camino del Mar Email Del Mar, CA 92014 Phone: 619-762-1910 Email Fax: 724-656-1556 Email: tcarpenter@carlsonlynch.com scott@lcllp.com jim@lcllp.com LAS PRINCESAS: Lara Sues to Secure and Vindicate Labor Rights ------------------------------------------------------------- Jose Alberto Hernandez Lara, Ismael Lorenzo Perez, Leonel Santiago Gomez, and Uriel Hernandez Espinoza, and other similarly situated workers v. LAS PRINCESAS CORPORATION, MARTHA ZEFERINO JOSE, TANKARD FARMS, LLC, and THE TANKARD NURSERIES INC., Case No. 2:24-cv-00346 (E.D. Va., May 29, 2024), is brought to secure and vindicate their rights under the Fair Labor Standards Act ("FLSA"); the Migrant and Seasonal Agricultural Worker Protection Act ("AWPA"); the Trafficking Victims Protection Reauthorization Act ("TVPRA"), the North Carolina Human Trafficking Law; the North Carolina Wage and Hour Act ("NCWHA"); the Virginia Wage Payment Act ("VWPA"); and the Virginia Overtime Wage Act ("VOWA"). Plaintiffs also bring claims under North Carolina and Virginia common law. The Plaintiffs and the members of the classes they seek to represent left behind their families in their home countries and spent considerable time, effort, and expense to come to the U.S. and perform labor under difficult conditions. Despite this, Defendants failed to pay these workers for all their hours worked, failed to pay workers the contractually agreed upon wage rate, and failed to reimburse travel and visa expenses. The Las Princesas Defendants even retained the passports of Plaintiffs and other workers and took other actions to prevent the workers from leaving Las Princesas's control, in violation of state and federal human trafficking laws, says the complaint. The Plaintiffs are migrant agricultural workers. Las Princesas Corporation was and is a corporation.[BN] The Plaintiff is represented by: Rachel C. McFarland, Esq. Marisa L. Baer, Esq. Jason B. Yarashes, Esq. LEGAL AID JUSTICE CENTER 1000 Preston Avenue, Suite A Charlottesville, VA 22903 Phone: (434) 977-0553 Facsimile: (434) 977-0558 Email: rmcfarland@justice4all.org marissa@justice4all.org jasony@justice4all.org - and - Carol Brooke, Esq. Clermont Ripley, Esq. NORTH CAROLINA JUSTICE CENTER P.O. Box 28068 Raleigh, NC 27611 Phone: (919) 856-2144 Facsimile: (919) 856-2175 Email: carol@ncjustice.org clermont@ncjustice.org - and - Patricia Kakalec, Esq. KAKALEC LAW PLLC 80 Broad Street, Suite 703 New York, NY 10004 Phone: (212) 705-8730 Facsimile: (646) 759-1587 Email: Patricia@KakalecLaw.com LEIDOS INC: Nicholson Sues to Recover Unpaid Overtime Wages ----------------------------------------------------------- Rasoul Nicholson, individually and for others similarly situated v. LEIDOS, INC., Case No. 1:24-cv-10966-RGS (D. Mass., April 16, 2024), is brought for overtime pay scheme violates the Fair Labor Standards Act (FLSA) and the Massachusetts Wage and Hour Law (MWHL) by depriving Nicholson and the other Straight Time Employees of the "time and a half " overtime premium they are owed for hours worked over 40 in a workweek. The Defendant pays the Plaintiff and its other Straight Time Employees by the hour. the Plaintiff and the other Straight Time Employees regularly work more than 40 hours a workweek. But the Defendant does not pay them overtime wages. Instead, the Defendant pays the Plaintiff and its other Straight Time Employees the same hourly rate for all hours worked, including those hours worked over 40 in a workweek (a practice known as "straight time for overtime"). Indeed, the Defendant uniformly misclassifies the Plaintiff and its other Straight Time Employees as independent contractors to avoid paying them overtime. But the Defendant knows the Straight Time Employees are its hourly employees. And the Defendant has never paid the Plaintiff and its other Straight Time Employees on a "salary basis" as required for any relevant overtime exemption the Defendant might claim with respect to these employees. the Defendant uniformly applies its illegal straight time for overtime pay scheme to the Plaintiff and its other Straight Time Employees regardless of any individualized differences, says the complaint. The Plaintiff worked for Leidos as a Training Specialist II from March 2022 until December 2023. Leidos hold itself out as a "key player in government support, holding major contracts for civilian and defense agencies, including acquisition, delivery, and quantity agreements."[BN] The Plaintiff is represented by: Philip J. Gordon, Esq. GORDON LAW GROUP LLP 585 Boylston Street Boston, Massachusetts 02116 Phone: (617) 536-1800 Fax: (617) 536-1802 Email: pgordon@gordonllp.com - and - Michael A. Josephson, Esq. Andrew W. Dunlap, Esq. JOSEPHSON DUNLAP LAW FIRM 11 Greenway Plaza, Suite 3050 Houston, TX 77046 Phone: 713-352-1100 Facsimile: 713-352-3300 Email: mjosephson@mybackwages.com adunlap@mybackwages.com - and - Richard J. (Rex) Burch, Esq. BRUCKNER BURCH PLLC 11 Greenway Plaza, Suite 3025 Houston, TX 77046 Phone: (713) 877-8788 Facsimile: 713-877-8065 Email: rburch@brucknerburch.com LET'S EAT: Fails to Pay Proper Wages, Hossain Suit Alleges ---------------------------------------------------------- ZAKIR HOSSAIN; and DANIEL INCLAN, individually and on behalf of all others similarly situated, Plaintiffs v. LET'S EAT, LLC d/b/a EXTRA VIRGIN; and MICHELE GATON, Defendants, Case No. 1:24-cv-04078 (S.D.N.Y., May 28, 2024) seeks to recover from the Defendants unpaid wages and overtime compensation, interest, liquidated damages, attorneys' fees, and costs under the Fair Labor Standards Act. The Plaintiffs were employed by the Defendants as bussers. LET'S EAT, LLC d/b/a EXTRA VIRGIN owns and operates as a restaurant located at New York, NY. [BN] The Plaintiff is represented by: C.K. Lee, Esq. Anne Seelig, Esq. LEE LITIGATION GROUP, PLLC 148 West 24th Street, 8th Floor New York, NY 10011 Telephone: (212) 465-1188 Facsimile: (212) 465-1181 LYSBETH REALTY: Devia Sues Over Unpaid Overtime Wages ----------------------------------------------------- Gabriel Devia, individually and on behalf of others similarly situated v. LYSBETH REALTY ASSOCIATES, LLC, a New York limited liability company, WENJON ASSOCIATES, LLC, a New York limited liability company, WENDI BLACK STRIER, an individual, ALYSSA BLACK, an individual, and ELAINE BROWNSTEIN, an individual, Case 1:24-cv-03863 (E.D.N.Y., May 29, 2024), is brought for unpaid overtime wages pursuant to the Fair Labor Standards Act of 1938 ("FLSA"), for violations of the N.Y. Labor Law (the "NYLL"), for violations of the Wage Theft Prevention Act, and for violations of the "spread of hours" and overtime wage orders of the New York Commissioner of Labor (the "Spread of Hours Wage Order"), including applicable liquidated damages, interest, attorneys' fees, and costs. The Defendants failed to pay Plaintiff any overtime premium (time and a half) for hours worked over 40 in each workweek. the Defendants failed to pay Plaintiff spread of hours pay for days on which his workday lasted 10 or more hours. The Defendants failed to provide Plaintiff with wage statements at the time of payment of wages. The Defendants failed to provide Plaintiff, at the time of hiring, a statement in English and the employee's primary language (in this case, Spanish). As part of their regular business practice, Defendants intentionally, willfully, and repeatedly harmed Plaintiff and similarly situated individuals by engaging in a pattern, practice, and/or policy of violating the FLSA and the NYLL, says the complaint. The Plaintiff worked for Defendants for twenty-seven years. The Defendant owns and operates that certain multi-unit residential building located in Flushing, New York.[BN] The Plaintiff is represented by: Nolan Klein, Esq. LAW OFFICES OF NOLAN KLEIN, P.A. 5550 Glades Rd., Ste. 500 Boca Raton, FL 33431 Phone: (954) 745-0588 Email: klein@nklegal.com amy@nklegal.com melanie@nklegal.com MAXIMUM SECURITY: Dixon Suit Seeks Unpaid Wages for Security Guards ------------------------------------------------------------------- TYRONE DIXON, on behalf of himself and all others similarly situated, Plaintiff v. MAXIMUM SECURITY NYC, INC., Defendant, Case No. 711497/2024 (N.Y. Sup. Ct., Queens Cty., May 31, 2024) is a class action against the Defendant for violations of the New York State Labor Law including failure to pay spread of hours pay, time shaving, and failure to provide compliant annual wage notices and periodic wage statements. The Plaintiff worked for the Defendant as a full time security guard in or around May 2023 until the end of his employment on or around May 21, 2024. Maximum Security NYC, Inc. is a security services provider headquartered in Queens County, New York. [BN] The Plaintiff is represented by: Mohammed Gangat, Esq. LAW OFFICE OF MOHAMMED GANGAT 675 Third Avenue, Suite 1810 New York, NY 10017 Telephone: (718) 669-0714 Email: mgangat@gangatpllc.com MERCER COUNTY, PA: Discovery Completion Amended to June 28 ---------------------------------------------------------- In the class action lawsuit captioned as CAMPBELL, et al., v. THE COUNTY OF MERCER, et al., Case No. 2:23-cv-00099 (W.D. Pa., Filed Jan. 19, 2023), the Hon. Judge Cathy Bissoon entered an order granting the joint motion to amend scheduling order as follows: (1) The parties shall complete Class June 28, 2024 Certification discovery by: (2) The Motion and Brief in Support of Aug. 2, 2024 Class Certification shall be filed no later than: (3) Responses are due no later than: Aug. 30, 2024 (4) Replies shall be filed no later than: Sept. 13, 2024 The nature of suit states Prisoner Civil Rights.[CC] NATIONAL LIFE INSURANCE: Matthews Files TCPA Suit in W.D. Virginia ------------------------------------------------------------------ A class action lawsuit has been filed against National Life Insurance Company. The case is styled as Thomas Matthews, on behalf of himself and others similarly situated v. National Life Insurance Company, Real Innovation, Inc., Case No. 7:24-cv-00343-MFU-CKM (W.D. Va., May 29, 2024). The lawsuit is brought over alleged violation of the Telephone Consumer Protection Act for Restrictions of Use of Telephone Equipment. National Life Group -- https://www.nationallife.com/publichome -- offers life insurance, annuity and investment products to help individuals, families and businesses pursue their financial goals.[BN] The Plaintiff is represented by: Stan Michael Doerrer, Esq. LAW OFFICE OF STAN M. DOERRER PLLC 950 N. Washington Street Alexandria, VA 22314 Phone: (703) 348-4646 Fax: (703) 348-0048 Email: stan@doerrerlaw.com NCAA: Class Cert Filing in Colon Modified to Nov. 1 --------------------------------------------------- In the class action lawsuit captioned as JOSEPH COLON, SHANNON RAY, KATHERINE SEBBANE, KHALA TAYLOR AND PETER ROBINSON, individually and on behalf of all those similarly situated, v. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, an unincorporated association, Case No. 1:23-cv-00425-WBS-CSK (E.D. Cal.), the Hon. Judge William Shubb entered an order modifying schedule as follows: 1. The Plaintiffs will file their motion for class certification by Nov. 1, 2024, the Defendants will file their opposition to that motion by Dec. 20, 2024, and the Plaintiffs will file their reply to that motion by Jan. 31, 2025; 2. The parties will file expert reports by April 4, 2025, and will file rebuttal reports by May 5, 2025; 3. The deadline for the close of discovery will be June 6, 2025; 4. The parties will file dispositive motions by July 18, 2025. 5. The Final Pretrial Conference is reset for Oct. 6, 2025 at 1:30 p.m. 6. The trial date is reset for Dec. 9, 2025 at 9:00 a.m. National Collegiate organizes the athletic programs of colleges and helps over 500,000 college student athletes who compete annually in college sports. A copy of the Court's order dated May 29, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=mxMVT7 at no extra charge.[CC] The Plaintiffs are represented by: Garrett R. Broshuis, Esq. KOREIN TILLERY, LLC 505 North 7th Street, Suite 3600 St. Louis, MO 63101 Telephone: (314) 241-4844 Facsimile: (314) 241-3525 E-mail: gbroshuis@koreintillery.com - and - Dennis Stewart GUSTAFSON GLUEK PLLC 600 West Broadway, Suite 3300 San Diego, CA 92101 Telephone: (612) 333-8844 Facsimile: (612) 339-6622 E-mail: dstewart@gustafsongluek.com The Defendant is represented by: Carolyn H. Luedtke, Esq. Justin P. Raphael, Esq. Christopher Cruz, Esq. Megan L. Mccreadie, Esq. MUNGER, TOLLES & OLSON LLP 560 Mission Street, 27th Flr San Francisco, CA 94105-2907 Telephone: (415) 512-4000 Facsimile: (415) 512-4077 E-mail: carolyn.luedtke@mto.com Justin.Raphael@mto.com Christopher.Cruz@mto.com megan.mccreadie@mto.com NCAA: Filing of Class Cert Bid in Smart Due Nov. 1 -------------------------------------------------- In the class action lawsuit captioned as TAYLOR SMART AND MICHAEL HACKER, Individually and on Behalf of All Those Similarly Situated, v. NATIONAL COLLEGIATE ASSOCIATION, an unincorporated association, Case No. 2:22-cv-02125-WBS-CSK (E.D. Cal.), the Hon. Judge William Schubb entered an order as follows: -- Plaintiffs will file their motion for Nov. 1, 2024 class certification by: -- Defendants will file their opposition Dec. 20, 2024 to that motion by: -- Plaintiffs will file their reply to Jan. 31, 2025 that motion by: -- The parties will file expert April 4, 2025 reports by: -- The deadline for the close of June 6, 2025 discovery will be: A copy of the Court's order dated May 29, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=PxkQ59 at no extra charge.[CC] The Plaintiffs are represented by: Garrett R. Broshuis, Esq. KOREIN TILLERY, LLC 505 North 7th Street, Suite 3600 St. Louis, MO 63101 Telephone: (314) 241-4844 Facsimile: (314) 241-3525 E-mail: gbroshuis@koreintillery.com - and - Dennis Stewart GUSTAFSON GLUEK PLLC 600 West Broadway, Suite 3300 San Diego, CA 92101 Telephone: (612) 333-8844 Facsimile: (612) 339-6622 E-mail: dstewart@gustafsongluek.com The Defendant is represented by: Carolyn H. Luedtke, Esq. Justin P. Raphael, Esq. Christopher Cruz, Esq. Megan L. Mccreadie, Esq. MUNGER, TOLLES & OLSON LLP 560 Mission Street, 27th Flr San Francisco, CA 94105-2907 Telephone: (415) 512-4000 Facsimile: (415) 512-4077 E-mail: carolyn.luedtke@mto.com Justin.Raphael@mto.com Christopher.Cruz@mto.com megan.mccreadie@mto.com NISSAN NORTH: Sued Over Failure to Secure Personal Information -------------------------------------------------------------- Bobby Carter and Celeste Friesner, individually and on behalf of all others similarly situated v. NISSAN NORTH AMERICA, INC., (M.D. Tenn., May 29, 2024), is brought against Nissan for its failure to properly secure and safeguard Plaintiffs' and other similarly situated current and former employees' ("Class Members") personally identifying information from hackers. According to the company, this information may have included Social Security numbers, date of births, and Employee ID numbers1 (the "Private Information") for over at least 53,000 of Class Members. On November 7, 2023, Nissan discovered a data security incident through which an unauthorized threat actor gained access to Nissan's network and accessed files on its computer systems on November 7, 2023 (the "Data Breach"). Through the Data Breach, the cybercriminals were able to access current and former employees' Social Security numbers, dates of birth, and employee ID numbers, including Plaintiffs' and Class Members' Private Information. As a result of the Data Breach, Plaintiffs and Class Members have experienced and/or are at a substantial and imminent risk of experiencing identity theft and various other forms of personal, social, and financial harm. This risk will remain for their respective lifetimes. The Private Information compromised in the Data Breach included highly sensitive data that represents a gold mine for data thieves, including but not limited to, Social Security numbers and dates of birth that Nissan collected from its current and former employees and maintained in its systems. Compounding the damage done by the Data Breach, Nissan failed to notify affected Class Members until nearly 6 months after it discovered the Data Breach. Therefore, Plaintiffs and Class Members are at an imminent, immediate, and continuing increased risk of suffering ascertainable losses in the form of identity theft and other fraudulent misuse of their Private Information, out-of-pocket expenses incurred to remedy or mitigate the effects of the Data Breach, and the value of their time reasonably incurred to remedy or mitigate the effects of the Data Breach, says the complaint. The Plaintiffs relied on Nissan to keep their Private Information confidential. The Defendant is incorporated in Delaware.[BN] The Plaintiff is represented by: Lisa A. White, Esq. MASON LLP 5335 Wisconsin Avenue NW, Suite 640 Washington, DC 20015 Phone: (202) 429-2290 Fax: (202) 429-2294 Email: lwhite@masonllp.com - and - Mason Barney, Esq. Tyler Bean, Esq. SIRI & GLIMSTAD LLP 745 Fifth Ave, Suite 500 New York, NY 10151 Phone: 212-532-1091 Email: mbarney@sirillp.com lconsidine@sirillp.com ofaircloth@sirillp.com NYC HARLEM: Class Settlement in Medina Gets Initial Nod ------------------------------------------------------- In the class action lawsuit captioned as MARISOL MEDINA, individually and on behalf of all others similarly situated, v. NYC HARLEM FOODS INC, BRONX 163 FOODS INC., et al., Case No. 1:21-cv-01321-VSB (S.D.N.Y.), the Hon. Judge Vernon S. Broderick entered an order granting preliminary approval of class and action settlement. -- Pursuant to Rule 23(e) of the Federal Rules of Civil Procedure, the Court provisionally certifies, for settlement purposes only (and for no other purpose and with no other effect upon this or any other action, including no effect upon this action should the settlement not ultimately be approved), the following Rule 23 class: all current and former employees who worked for Defendants in the State of New York from February 15, 2015 through the date of this Order who were non-exempt employees of Defendants (the "Class"). -- The Court appoints, for settlement purposes only, Medina to represent the Class. -- For settlement purposes only, the Court appoints Bouklas Gaylord LLP as Class Counsel because they meet all of the requirements under Federal Rule of Civil Procedure 23(g). -- The Court will conduct a hearing pursuant to Rule 23(e)(2) of the Federal Rules of Civil Procedure on October 4, 2024 The following dates shall govern the schedule in this action: June 10, 2024 Defendants' counsel with provide the Settlement Claims Administrator and Class Counsel with the Class List. July 1, 2024 The Settlement Claims Administrator shall mail, via United States First Class Mail, the final versions of the Notice, accompanying tax forms, and Opt-Out Statement. Oct. 4, 2024 Fairness Hearing The Defendants include BRONX MARKET FOODS INC, NYC 143 FOODS INC, NYC 96 FOODS INC, NYC 89 FOODS INC, NYC PARK FOODS INC, NYC 125 FOODS INC, NYC 159 FOODS INC, NYC 155 FOODS INC, SUNNYSIDE BK QSR INC, NYC 116 BK QSR INC, NYC 116 FOODS INC, NYC 121 FOODS INC, NYC 114 FOODS INC, BRONX PROSPECT FOODS INC., NYC 145 FOODS INC., NYC LENOX FOODS INC., NYC 178 FOODS INC., BRONX 138 FOODS INC., RV EASTCHESTER FOODS INC., NYC 148 FOODS INC., NYC LEXINGTON FOODS INC., NYC 161 FOODS INC., BRONX 170 FOODS INC., ANDHRA FOODS INC., SOMYA FOODS, INC., RVN FOODS INC., and SRINIVASA RAO TUMMALAPENTA, individually. Harlem purchases and resells produce and other grocery items , acquired from all over the world. A copy of the Court's order dated May 29, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=ID20TX at no extra charge.[CC] OLLIE'S BARGAIN: Request for Leave to File Sur-reply OK'd ---------------------------------------------------------- In the class action lawsuit captioned as Pauli v. Ollie's Bargain Outlet, Inc., Case No. 5:22-cv-00279-MAD-ML (N.D.N.Y.), the Defendant asks the Court to enter an order granting request for leave to file a sur-reply on the Plaintiff's motion for class certification to address the Plaintiff's mischaracterizations of the record in his Reply to Ollie's Opposition to the motion. The following sets forth the issues to be addressed in the proposed sur-reply. First, in an effort to diminish the amount of time Co-Team Leaders ("CTLs") spend on exempt duties, the Plaintiff makes the baseless assumption that CTLs work 365 days per year; and Plaintiff also includes years far outside the statute of limitations period. Second, the Plaintiff mischaracterizes Exhibits I and J to the Caminiti Declaration as comprehensive evidence of CTL duties. Those exhibits consist of excerpts from personnel files of 35 CTLs at 13 sample stores, and a summary chart of managerial duties. They do not address all the managerial duties CTLs perform, but just those listed in the chart, which relate to documentation, and to employee performance counseling and performance reviews. Third, Plaintiff completely ignores his own deposition testimony and that of his witness, Robert Swain, showing their constant engagement in managerial activities during their employment as CTLs. Ollie's accordingly respectfully requests the opportunity to describe and document the mischaracterizations of the record in a sur-reply in further opposition to the Plaintiff's motion for class certification. Alternatively, the Defendant respectfully requests that the Court accept this letter as the Defendant's sur-reply. Ollie's is an American chain of discount closeout retailers. A copy of the Defendant's motion dated May 29, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=66zfNX at no extra charge.[CC] The Defendant is represented by: Kathleen McLeod Caminiti, Esq. For FISHER & PHILLIPS LLP 430 Mountain Avenue, Suite 303 Murray Hill, NJ 07974 Telephone: (908) 516-1050 Facsimile: (908) 516-1051 E-mail: kcaminiti@fisherphillips.com PALMER ADMINISTRATIVE: Badolato Files TCPA Suit in M.D. Florida --------------------------------------------------------------- A class action lawsuit has been filed against Palmer Administrative Services, Inc. The case is styled as Wayne Badolato, Dayanna Cavallo, Danny Long, individually and on behalf of others similarly situated v. Palmer Administrative Services, Inc., Case No. 5:24-cv-00277 (M.D. Fla., May 29, 2024). The lawsuit is brought over alleged violation of the Telephone Consumer Protection Act for Restrictions of Use of Telephone Equipment. Palmer Administration -- https://www.palmeradmin.com/ -- offers a variety of customizable auto protection plans.[BN] The Plaintiffs are represented by: Ryan Lee McBride, Esq. KAZEROUNI LAW GROUP APC 2221 Camino Del Rio S., Suite 101 San Diego, CA 92108 Phone: (800) 400-6808 Email: ryan@kazlg.com PHILADELPHIA DENTAL: Gomberg Sues Over Blind's Access to Website ---------------------------------------------------------------- MATTHEW GOMBERG, on behalf of himself and all others similarly situated, Plaintiff v. PHILADELPHIA DENTAL, INC., Defendant, Case No. 2:24-cv-02364 (E.D. Pa., May 31, 2024) is a class action against the Defendant for violations of Title III of the Americans with Disabilities Act. According to the complaint, the Defendant has failed to design, construct, maintain, and operate its website to be fully accessible to and independently usable by the Plaintiff and other blind or visually impaired persons. The Defendant's website, https://www.philadelphiadental.com, contains access barriers which hinder the Plaintiff and Class members to enjoy the benefits of its online goods, content, and services offered to the public through the website. The accessibility issues on the website include, but not limited to: inaccurate landmark structure, inaccurate heading hierarchy, incorrectly formatted lists, ambiguous link texts, inaccessible contact information, changing of content without advance warning, lack of alternative text (alt-text) on graphics, the denial of keyboard access for some interactive elements, and the requirement that some events be performed solely with a mouse, says the suit. The Plaintiff and Class members seek permanent injunction to cause a change in the Defendant's corporate policies, practices, and procedures so that the Defendant's website will become and remain accessible to blind and visually impaired individuals. Philadelphia Dental, Inc. is a company that sells online goods and services, doing business in Pennsylvania. [BN] The Plaintiff is represented by: David Glanzberg, Esq. Robert Tobia, Esq. GLANZBERG TOBIA LAW, PC 123 South Broad Street, Suite 1640 Philadelphia, PA 19109 Telephone: (215) 981-5400 Email: DGlanzberg@aol.com robert.tobia@gtlawpc.com PRAI BEAUTY: Danso Seeks Blind Users' Equal Access to Website ------------------------------------------------------------- CHARITY DANSO, on behalf of herself and all others similarly situated, Plaintiff v. PRAI BEAUTY GROUP, INC., Defendant, Case No. 1:24-cv-04181 (S.D.N.Y., May 31, 2024) is a class action against the Defendant for violations of Title III of the Americans with Disabilities Act and the New York City Human Rights Law, and for declaratory relief. According to the complaint, the Defendant has failed to design, construct, maintain, and operate its website to be fully accessible to and independently usable by the Plaintiff and other blind or visually impaired persons. The Defendant's website, www.praibeauty.com, contains access barriers which hinder the Plaintiff and Class members to enjoy the benefits of its online goods, content, and services offered to the public through the website. The accessibility issues on the website include, but not limited to: missing alternative text (alt-text), hidden elements on web pages, incorrectly formatted lists, unannounced pop ups, unclear labels for interactive elements, and the requirement that some events be performed solely with a mouse, says the suit. The Plaintiff and Class members seek permanent injunction to cause a change in the Defendant's corporate policies, practices, and procedures so that the Defendant's website will become and remain accessible to blind and visually impaired individuals. Prai Beauty Group, Inc. is a company that sells online goods and services, doing business in New York. [BN] The Plaintiff is represented by: Rami Salim, Esq. STEIN SAKS, PLLC One University Plaza, Suite 620 Hackensack, NJ 07601 Telephone: (201) 282-6500 Facsimile: (201) 282-6501 Email: rsalim@steinsakslegal.com PRECISION PAINTING: Vickers Files TCPA Suit in E.D. New York ------------------------------------------------------------ A class action lawsuit has been filed against Precision Painting Plus Inc. The case is styled as Lachae Vickers, individually and on behalf of all others similarly situated v. Precision Painting Plus Inc., Case No. 1:24-cv-03862 (E.D.N.Y., May 29, 2024). The lawsuit is brought over alleged violation of the Telephone Consumer Protection Act for Restrictions of Use of Telephone Equipment. Precision Painting Plus -- https://www.precisionpaintingplus.net/ -- is one of the most recognized painting companies in the United States.[BN] The Plaintiff is represented by: Andrew Shamis, Esq. SHAMIS & GENTILE, PA 14 NE 1st Ave., Suite 705 Miami, FL 33132 Phone: (305) 479-2299 Fax: (786) 623-0915 Email: ashamis@shamisgentile.com RED TIGER: Judge Recommends Denying Ni Bid to Certify Class ----------------------------------------------------------- In the class action lawsuit captioned as LI NI, on his own behalf and on behalf of others similarly situated, v. RED TIGER DUMPLING HOUSE INC. d/b/a RED TIGER DUMPLING HOUSE, TWO COUNTRIES DUMPLING HOUSE INC. d/b/a RED TIGER DUMPLING HOUSE, JUN WEN BARNES, and HAI QING LIU, Case No. 2:19-cv-03269-GRB-SIL (E.D.N.Y.), the Hon. Judge Steven Locke recommends that the Plaintiff's motion to certify class be denied in its entirety. The Court concludes that Plaintiff has failed to satisfy the requirements of Rule 23(a) and (g) with respect to the Proposed Class. The Plaintiff commenced this action against the Defendants on behalf of himself and others similarly situated on June 6, 2019 and filed an Amended Complaint on October 4, 2019. Mr. Ni alleges violations of: Fair Labor Standards Act ("FLSA") and N.Y. Comp. Codes R. & Regs. ("NYCCRR") for illegal retention of tips, FLSA and New York Labor Law ("NYLL") for failure to pay minimum wage and overtime, and NYCCRR for failure to provide spread of hours pay and meal periods. Specifically, Ni seeks to certify the following class: "All Front of the House workers (including waiters/waitresses, receptionists and deliverymen) and Back of the House workers (including packers, oil woks, fry woks and their helpers and soup dumpling chefs) who were employed by the Defendants during the six years immediately preceding the initiation of this action, or June 6, 2013, up to the date of the decision on this motion." The Plaintiff Ni was employed by the Defendants as a waiter from Sept. 15, 2015 to May 12, 2019 at their restaurant in Stony Brook, New York. Red Tiger serves Chinese comfort food in an unpretentious eatery decorated with paper lanterns. A copy of the Court's report and recommendation dated May 29, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=VM9Jkd at no extra charge.[CC] REGULATORY DATACORP: Carr Bid for Class Certification Tossed ------------------------------------------------------------ In the class action lawsuit captioned as JEFFERY N. CARR, SR., on behalf of himself and all others similarly situated, v. REGULATORY DATACORP, INC., et al., Case No. 2:22-cv-02139-MRP (E.D. Pa.), the Hon. Judge Mia Perez entered an order denying the Plaintiff's motion for class certification. Regulatory DataCorp provides comprehensive risk and compliance protection services. A copy of the Court's order dated May 29, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=vmhEgE at no extra charge.[CC] RIDGE WALLET: Fernandez Sues Over Online Store's Access Barriers ---------------------------------------------------------------- FELIPE FERNANDEZ, on behalf of himself and all others similarly situated, Plaintiff v. THE RIDGE WALLET, LLC, Defendant, Case No. 1:24-cv-04178 (S.D.N.Y., May 31, 2024) is a class action against the Defendant for violations of Title III of the Americans with Disabilities Act and the New York State Human Rights Law, and for declaratory relief. According to the complaint, the Defendant has failed to design, construct, maintain, and operate its website to be fully accessible to and independently usable by the Plaintiff and other blind or visually impaired persons. The Defendant's website, www.ridge.com, contains access barriers which hinder the Plaintiff and Class members to enjoy the benefits of its online goods, content, and services offered to the public through the website. The accessibility issues on the website include, but not limited to: missing alternative text (alt-text), hidden elements on web pages, incorrectly formatted lists, unannounced pop ups, unclear labels for interactive elements, and the requirement that some events be performed solely with a mouse, says the suit. The Plaintiff and Class members seek permanent injunction to cause a change in the Defendant's corporate policies, practices, and procedures so that the Defendant's website will become and remain accessible to blind and visually impaired individuals. The Ridge Wallet, LLC is a company that sells online goods and services, doing business in New York. [BN] The Plaintiff is represented by: Rami Salim, Esq. STEIN SAKS, PLLC One University Plaza, Suite 620 Hackensack, NJ 07601 Telephone: (201) 282-6500 Facsimile: (201) 282-6501 Email: rsalim@steinsakslegal.com RIGHT TIME: Valdez Suit Seeks Unpaid Overtime Wages for Painters ---------------------------------------------------------------- FERNANDO MISAEL ALVARADO VALDEZ, on behalf of himself and all others similarly situated, Plaintiff v. RIGHT TIME JOB, INC. d/b/a GIAS CONSTRUCTION, and GIAS MIAH, Defendants, Case No. 1:24-cv-03945 (E.D.N.Y., May 31, 2024) is a class action against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standards Act and the New York Labor Law. The Plaintiff worked for the Defendants as a painter from September 2023 until March 2024. Right Time Job, Inc., doing business as Gias Construction, is a contractor doing business in New York. [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) 465-1180 Facsimile: (212) 465-1181 S. MARTINELLI: Apple Juice Contains Arsenic, Seaman Suit Claims --------------------------------------------------------------- BARBARA SEAMAN, on behalf of herself and all others similarly situated, Plaintiff v. S. MARTINELLI & CO., Defendant 1:24-cv-03944 (E.D.N.Y., May 31, 2024) is a class action against the Defendant for violation of New York General Business Law. The case arises from the Defendant's false, deceptive, and misleading advertising, labeling, and marketing of its Martinelli Apple Juice, One Liter Bottle product. The Defendant failed to disclose on the product's packaging that consumption of the product may increase the risk of ingesting arsenic, which could lead to serious and life-threatening adverse health consequences. The Plaintiff and Class members relied on the Defendant's misrepresentations and omissions of the safety of the product and what's in the product when they purchased it. Consequently, the Plaintiff and Class members lost the entire benefit of their bargain when what they received was a beverage product contaminated with a known carcinogen that is harmful to consumers' health, says the suit. S. Martinelli & Co. is a non-alcoholic cider and juice company, with its principal place of business in Watsonville, California. [BN] The Plaintiff is represented by: Jason P. Sultzer, Esq. Philip J. Furia, Esq. SULTZER & LIPARI, PLLC 85 Civic Center Plaza, Suite 200 Poughkeepsie, NY 12601 Telephone: (845) 483-7100 Facsimile: (888) 749-7747 Email: sultzerj@thesultzerlawgroup.com furiap@thesultzerlawgroup.com SAMPSON BLADEN: Parties in Gbete Must Complete Depositions by July ------------------------------------------------------------------ In the class action lawsuit captioned as JEANNE LYLIANE GBETE, on behalf of herself and all others similarly situated, v. SAMPSON BLADEN OIL COMPANY, INC. D/B/A HAN-DEE HUGO'S, Case No. 5:23-cv-00355-BO-KS (E.D.N.C.), the Hon. Judge Kimberly Swank entered an order granting the Parties' joint motion to modify scheduling order pursuant to Rules 6(b) and 16(b)(4) of the Federal Rules of Civil Procedure and Local Civil Rule 6.1(a). The time for the Parties to complete depositions is extended up to and including July 31, 2024 and the Plaintiff has up to and including Aug. 30, 2024 to file her motion for Rule 23 class certification or conditional certification as a 29 U.S.C. section 216(b) collective action. The remaining deadlines under the Court's Scheduling Order remain unchanged. Sampson is a family owned full-line petroleum & petrochemical marketer. A copy of the Court's order dated May 29, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=2Mg41r at no extra charge.[CC] SECOND DESI: Martin Sues Over Blind Users' Equal Access to Website ------------------------------------------------------------------ DAMIAN MARTIN, on behalf of himself and all others similarly situated, Plaintiff v. SECOND DESI GALLI, LLC, Defendant, Case No. 1:24-cv-03952 (E.D.N.Y., May 31, 2024) is a class action against the Defendant for violations of Title III of the Americans with Disabilities Act and the New York City Human Rights Law, and for declaratory relief. According to the complaint, the Defendant has failed to design, construct, maintain, and operate its website to be fully accessible to and independently usable by the Plaintiff and other blind or visually impaired persons. The Defendant's website, www.desigalli.com, contains access barriers which hinder the Plaintiff and Class members to enjoy the benefits of its online goods, content, and services offered to the public through the website. The accessibility issues on the website include, but not limited to: missing alternative text (alt-text), hidden elements on web pages, incorrectly formatted lists, unannounced pop ups, unclear labels for interactive elements, and the requirement that some events be performed solely with a mouse, says the suit. The Plaintiff and Class members seek permanent injunction to cause a change in the Defendant's corporate policies, practices, and procedures so that the Defendant's website will become and remain accessible to blind and visually impaired individuals. Second Desi Galli, LLC is a company that sells online goods and services, doing business in New York. [BN] The Plaintiff is represented by: Rami Salim, Esq. STEIN SAKS, PLLC One University Plaza, Suite 620 Hackensack, NJ 07601 Telephone: (201) 282-6500 Facsimile: (201) 282-6501 Email: rsalim@steinsakslegal.com SKECHERS USA: Dalton Sues Over Blind-Inaccessible Website --------------------------------------------------------- Julie Dalton, individually and on behalf of all others similarly situated v. Skechers USA Inc., Case No. 0:24-cv-01960 (D. Minn., May 29, 2024), is brought arising because Defendant's Website (www.skechers.com) (the "Website" or "Defendant's Website") is not fully and equally accessible to people who are blind or who have low vision in violation of both the general non-discriminatory mandate and the effective communication and auxiliary aids and services requirements of the Americans with Disabilities Act (the "ADA") and its implementing regulations. The Defendant owns, operates, and/or controls its Website and is responsible for the policies, practices, and procedures concerning the Website's development and maintenance. As a consequence of her experience visiting Defendant's Website, including in the past year, and from investigation performed on her behalf, Plaintiff found Defendant's Website has a number of digital barriers that deny screen-reader users like Plaintiff full and equal access to important Website content--Defendant makes available to its sighted Website users. Still, Plaintiff would like to, intends to, and will attempt to access Defendant's Website in the future to browse, research, or shop online and purchase the products and services that Defendant offers. The Defendant's policies regarding the maintenance and operation of its Website fail to ensure its Website is fully accessible to, and independently usable by, individuals with vision-related disabilities. The Plaintiff and the putative class have been, and in the absence of injunctive relief will continue to be, injured, and discriminated against by Defendant's failure to provide its online Website content and services in a manner that is compatible with screen reader technology, says the complaint. The Plaintiff is and has been legally blind. The Defendant offers shoes, clothing and accessories for sale including, but not limited to, sneakers, boots, slip-ons, sandals, dress shoes, tops, bottoms, and more.[BN] The Plaintiff is represented by: Chad A. Throndset, Esq. Patrick W. Michenfelder, Esq. Jason Gustafson, Esq. THRONDSET MICHENFELDER, LLC Jason Gustafson (#0403297) 222 South Ninth Street, Suite 1600 Minneapolis, MN 55402 Phone: (763) 515-6110 Email: chad@throndsetlaw.com pat@throndsetlaw.com jason@throndsetlaw.com SOUTHERN VALLEY: Garcia-Ramos Sues Over Unpaid Wages ---------------------------------------------------- Arnulfo Garcia-Ramos, Pablo Castillo-Olguin and all others similarly situated v. SOUTHERN VALLEY FRUIT & VEGETABLE, INC.; HAMILTON GROWERS, INC.; KENT HAMILTON; HAMILTON PRODUCE, L.P.; KENDA PROPERTIES, L.P.; WK HOLDINGS, LLC; and WKW, LLC, Case No. 7:24-cv-00054-WLS (M.D. Ga., May 29, 2024), is brought under the Fair Labor Standards Act ("FLSA"), under the Migrant and Seasonal Agricultural Worker Protection Act ("AWPA"), under Georgia contract law, and the common law of fraud, seeking their unpaid wages, liquidated damages, actual, incidental, consequential, and compensatory damages, reasonable attorneys' fees and costs, and pre and post-judgment interest. The Defendants violated the FLSA by willfully failing to pay at least the required hourly wage for every compensable hour of labor performed in a workweek (including by failing to reimburse their employment related expenses as required by law) to each Plaintiff, to each individual who may opt into this action as allowed by the FLSA ("Opt In Plaintiff"), and to other similarly-situated workers. Defendants further violated the FLSA by willfully failing to pay each Plaintiff and other similarly-situated workers employed in Defendants' packing shed operations overtime wages for hours worked in excess of forty hours in a workweek., says the complaint. The Plaintiffs are skilled equipment operators and maintenance workers employed by Defendant. The Defendants were and are Georgia corporations, limited partnerships, or limited liability companies.[BN] The Plaintiff is represented by: Dawson Morton, Esq. DAWSON MORTON, LLC 1808 Sixth St. Berkeley, CA 94710 Phone: (404) 590-1295 Email: dawson@dawsonmorton.com SOUTHWESTERN MEDICAL: Underpays Patient Care Assistants, Whipp Says ------------------------------------------------------------------- ABBEY WHIPP, individually and on behalf of all others similarly situated, Plaintiff v. SOUTHWESTERN MEDICAL CENTER LLC, Defendant, Case No. 5:24-cv-00552-JD (W.D. Okla., May 31, 2024) is a class action against the Defendant for failure to pay overtime wages in violation of the Fair Labor Standards Act. Ms. Whipp worked for Southwestern Medical as a patient care assistant in Lawton, Oklahoma from approximately October 2018 until August 2023. Southwestern Medical Center LLC is a healthcare services provider in Oklahoma. [BN] The Plaintiff is represented by: Carl A. Fitz, Esq. FITZ LAW PLLC 3730 Kirby Drive, Ste. 1200 Houston, TX 77098 Telephone: (713) 766-4000 Email: carl@fitz.legal TARGET CORPORATION: Halley Seeks to Certify Rule 23 Class --------------------------------------------------------- In the class action lawsuit captioned as CORBIN HALLEY, as an individual and on behalf of all others similarly situated, v. TARGET CORPORATION, a Corporation; and DOES 1 through 50, inclusive, Case No. 8:17-cv-00692-JGB-MRW (C.D. Cal.), the Plaintiff will move the Court on Sept. 9, 2024, pursuant to Federal Rule of Civil Procedure 23, on behalf of himself and all others similarly situated, for an order: 1. Determining that a class action is proper as to the first through third Causes of Action contained in the First Amended Class Action Complaint (Doc. No 61) pursuant to Federal Rule of Civil Procedure 23, on the grounds that (1) the Class is so numerous that joinder of all members is impracticable, (2) there are questions of law and fact common to the Class, (3) the class representative's claims are typical of the claims of the Class, and (4) the class representative will fairly and adequately protect the interests of the Class. 2. Determining that class treatment is appropriate under Federal Rule of Civil Procedure 23(b)(3) and certifying the following Class: "All non-exempt current and former Assets Protection Team Members who worked in California for Defendant Target Corporation at any time from March 6, 2013 through Feb. 18, 2018." 3. Finding the Plaintiff to be an adequate representative and certifying him as the class representative. 4. Finding Plaintiff's counsel and their respective firms, namely Larry W. Lee of Diversity Law Group, P.C., Edward W. Choi of Law Offices of Choi and Associates, and Thomas M. Lee of Lee Law Offices, P.C. as adequate class counsel and certifying them as class counsel herein. During the Class Period, the Plaintiff asserts that the Defendant denied the Plaintiff and the Class, the opportunity to take off-duty rest periods in accordance to California Labor Code section 226.7. Target had a written uniform policy and practice where Class members were subject to Target's control during the rest breaks. Specifically, Target restricted the Class members from leaving the property during their rest breaks. The Plaintiff was employed by the Defendant from May 2015 to December 2016 as a Target Protection Specialist. Target is a well-known big-box retailer that operates retail stores throughout the United States, including California, selling clothing, electronic goods, food, toys, and makeup, to the general public. A copy of the Plaintiff's motion dated May 29, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=tY1bqW at no extra charge.[CC] The Plaintiff is represented by: Larry W. Lee, Esq. DIVERSITY LAW GROUP, P.C. 515 S. Figueroa St., Suite 1250 Los Angeles, CA 90071 Telephone: (213) 488-6555 Facsimile: (213) 488-6554 E-mail: lwlee@diversitylaw.com - and - Edward W. Choi, Esq. LAW OFFICES OF CHOI & ASSOCIATES 515 S. Figueroa St., Suite 1250 Los Angeles, CA 90071 Telephone: (213) 381-1515 Facsimile: (213) 465-4885 E-mail: edward.choi@choiandassociates.com - and - Thomas M. Lee, Esq. LEE LAW OFFICES, APLC 3435 Wilshire Blvd Suite 2400 Los Angeles, CA 90010 Telephone: (213) 251-5533 Facsimile: (213) 251-5534 E-mail: thomas@thomasmlee.com TGC MS PHASE: Disabled Can't Access Property Properly, Pardo Claims ------------------------------------------------------------------- NIGEL FRANK DE LA TORRE PARDO, on behalf of himself and all others similarly situated, Plaintiff v. TGC MS PHASE I NORTH LLC and MSAMITI, LLC, Defendants, Case No. 1:24-cv-22100 (S.D. Fla., May 31, 2024) is a class action against the Defendants for violations of the Americans with Disabilities Act. According to the complaint, the Defendants have failed to design, construct, maintain, and operate their facilities to be fully accessible to and independently usable by the Plaintiff and other persons with disabilities. The Defendants have continued to discriminate against people who are disabled in ways that block them from access and use of their property and businesses. The Plaintiff and similarly situated disabled individuals encountered architectural barriers in common areas such as parking, entrance access and path of travel, says the suit. The Plaintiff and Class members seek injunctive relief to remove the existing architectural barriers to the physically disabled when such removal is readily achievable for its place of public accommodation. TGC MS Phase I North LLC is a company that owns commercial property in Florida. Msamiti, LLC is a company that owns a commercial restaurant in Florida. [BN] The Plaintiff is represented by: Beverly Virues, Esq. Armando Mejias, Esq. GARCIA-MENOCAL, P.L. 350 Sevilla Avenue, Suite 200 Coral Gables, FL 33134 Telephone: (305) 553-3464 Email: bvirues@lawgmp.com amejias@lawgmp.com - and - Ramon J. Diego, Esq. THE LAW OFFICE OF RAMON J. DIEGO, P.A. 5001 SW 74th Court, Suite 103 Miami, FL 33155 Telephone: (305) 350-3103 Email: rdiego@lawgmp.com TIM HOFER INC: Martinez Files Suit in Cal. Super. Ct ---------------------------------------------------- A class action lawsuit has been filed against Tim Hofer, Inc., et al. The case is styled as Maria Martinez, on behalf of all others similarly situated, and on behalf of the general public v. Tim Hofer, Inc., Environment Control Central Cal., Inc., Case No. BCV-24-101779 (Cal. Super. Ct., Kern Cty., May 29, 2024). The case type is stated as "Other Employment - Civil Unlimited." Tim Hofer, Inc. is a janitorial service in Visalia, California.[BN] The Plaintiff is represented by: David T. Mara, Esq. MARA LAW FIRM, PC 2650 Camino Del Rio N., Ste. 302 San Diego, CA 92108-1632 Phone: 619-234-2833 Fax: 619-234-4048 Email: dmara@maralawfirm.com VNGR BEVERAGE: Cobbs Sues Over False Advertising ------------------------------------------------ Kristin Cobbs, individually and on behalf of all other persons similarly situated v. VNGR BEVERAGE, LLC d/b/a POPPI, Case No. 3:24-cv-03229 (N.D. Cal., May 29, 2024), is brought against the Defendant's Poppi Prebiotic Sodas ("Poppi" or the "Products") for violations of state consumer protection laws, and unjust enrichment as a result of false advertising. The Defendant's success is largely owed to its ability to preserve the flavor and sweetness of traditional sodas while claiming to be "gut healthy" due to its inclusion of "prebiotics"--a specific type of dietary fiber commonly found in food like bananas and whole grains. However, Defendant's Poppi soda only contains two grams of prebiotic fiber, an amount too low to cause meaningful gut health benefits for the consumer from just one can. Accordingly, a consumer would need to drink more than four Poppi sodas in a day to realize any potential health benefits from its prebiotic fiber. However, even if a consumer were to do this, Poppi's high sugar content would offset most, if not all, of these purported gut health benefits. That is, despite Defendant's alluring representations, the Products are predominately composed of "cane sugar," meaning that a consumer who does drink enough Poppi sodas to realize prebiotic benefits would also need to consume harmful levels of cane sugar, which has been shown to actually harm gut health. Although Poppi's rise in popularity can be attributed to its enticing flavors and clever marketing, the core of Poppi's success is primarily owed to a particular ingredient: agave inulin, the Products' so-called "Prebiotic." But, despite Poppi's "prebiotic" marketing claims, which assure consumers, on the can, that they can "Be Gut Happy [and] Be Gut Healthy," as one nutritionist bluntly explained: the Products "are basically sugared water, says the complaint. The Plaintiff purchased Defendant's Products for her personal use on multiple occasions. The Defendant manufactures, markets, and sells the Products throughout California and the United States.[BN] The Plaintiff is represented by: L. Timothy Fisher, Esq. Joshua B. Glatt, Esq. BURSOR & FISHER, P.A. 1990 North California Blvd., Suite 940 Walnut Creek, CA 94596 Phone: (925) 300-4455 Facsimile: (925) 407-2700 Email: ltfisher@bursor.com jglatt@bursor.com - and - Adrian Gucovschi, Esq. Benjamin Rozenshteyn, Esq. GUCOVSCHI ROZENSHTEYN, PLLC. 140 Broadway, Suite 4667 New York, NY 10005 Phone: (212) 884-4230 Facsimile: (212) 884-4230 Email: adrian@gr-firm.com ben@gr-firm.com WEBMD LLC: Plaintiffs Seek to Certify Missouri and Kansas Class --------------------------------------------------------------- In the class action lawsuit captioned as TAMERA SWEETON and JASON MOSS, on behalf of themselves and all others similarly situated, v. WEBMD, LLC, Case No. 4:23-cv-00094-BCW (W.D. Mo.), the Plaintiff asks the Court to enter an order certifying Count II of their First Amended Class Action Complaint for class action treatment pursuant to Rule 23(b)(3) of the Federal Rules of Civil Procedure and to certify both a Missouri and a Kansas class. -- Count II alleges a cause of action for infringement of the common law right of publicity. Because this claim is susceptible to common proof and the proposed class satisfies all other requirements of Rule 23, Plaintiffs' Motion for Class Certification can and should be granted. The Plaintiffs seek to certify both a Missouri and a Kansas class defined as follows: The Missouri Class "All natural persons who, during the time period Dec. 21, 2017, to the present, (a) maintained an office address in Missouri; (b) appeared as a basic profile in the WebMD Care (TM) directory on the doctor.webmd.com website and (c) did not claim their profile." Excluded from the class are all judicial officers presiding over this or any related case. The class definition also excludes all shareholders, officers and employees of the Defendant. The Kansas Class "All natural persons who, during the time period Dec. 21, 2017, to the present, (a) maintained an office address in Kansas; (b) appeared as a basic profile in the WebMD Care(TM) directory on the doctor.webmd.com website and (c) did not claim their profile." Excluded from the class are all judicial officers presiding over this or any related case. The class definition also excludes all shareholders, officers and employees of the Defendant. WebMD offers consumers medical and healthcare information through its free health and wellness web site. A copy of the Plaintiffs' motion dated May 28, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=K6Edcl at no extra charge.[CC] The Plaintiffs are represented by: David L. Marcus, Esq. DLM LAW LLC 4700 Belleview Ave, Suite 200 Kansas City, MO 64112 Telephone: (816) 256-4699 Facsimile: (816) 222-0534 E-mail: dmarcus@dlmlaw.com - and - Bryan T. White, Esq. WHITE, GRAHAM, BUCKLEY & CARR, L.L.C 19049 East Valley View Parkway Independence, MO 64055 Telephone: (816) 373-9080 Facsimile: (816) 373.9319 E-mail: Bwhite@wagblaw.com - and - Clayton Jones, Esq. CLAYTON JONES, ATTORNEY AT LAW 405 Foxwood Drive Raymore, MO 64083 Telephone: (816) 318-4266 Facsimile: (816) 318-4267 E-mail: clayton@claytonjoneslaw.com WEBTPA EMPLOYER: Fails to Safeguard Customers' Info, Strong Says ---------------------------------------------------------------- BRANDON STRONG, individually and on behalf of all others similarly situated, Plaintiff v. WEBTPA EMPLOYER SERVICES, LLC, Defendant, Case No. 3:24-cv-01343-L (N.D. Tex., May 31, 2024) is a class action against the Defendant for negligence, negligence per se, unjust enrichment, breach of fiduciary duty, breach of implied contract, and declaratory judgment/injunctive relief. The case arises from the Defendant's failure to properly secure and safeguard the personally identifiable information and protected health information of the Plaintiff and similarly situated individuals stored within its computer systems following a data breach between April 18, 2023, and April 23, 2023. The Defendant also failed to timely notify the Plaintiff and similarly situated individuals about the data breach. As a result, the private information of the Plaintiff and Class members was compromised and damaged through access by and disclosure to unknown and unauthorized third parties, says the suit. WebTPA Employer Services, LLC is a health insurance company, headquartered in Irving, Texas. [BN] The Plaintiff is represented by: Bruce W. Steckler, Esq. STECKLER WAYNE & LOVE PLLC 12720 Hillcrest Road, Suite 1045 Dallas, TX 75230 Telephone: (972) 387-4040 Facsimile: (972) 387-4041 Email: bruce@swclaw.com - and - Jean S. Martin, Esq. MORGAN & MORGAN COMPLEX LITIGATION GROUP 201 N. Franklin Street, 7th Floor Tampa, FL 33602 Telephone: (813) 223-5505 Email: jeanmartin@ForThePeople.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. 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