/raid1/www/Hosts/bankrupt/CAR_Public/240617.mbx
C L A S S A C T I O N R E P O R T E R
Monday, June 17, 2024, Vol. 26, No. 121
Headlines
3M CO: Hardwick Sues Over Use of Harmful Substances
3S SERVICES: Fails to Pay Operators' OT Wages Under FLSA, Rice Says
A&A SERVICES: Faces Krueger Suit Over Customers' Compromised Info
A&A SERVICES: Fails to Safeguard Customers' Info, Hill Suit Says
A&A SERVICES: Fails to Safeguard Patients' Info, Prestby Says
ALTA PEST: Lagasse FLSA Suit Removed to W.D. Washington
AMAZON.COM INC: Parties Seek Class Certification Briefing Schedule
AT&T INC: Gillen Sues Over Inadequate Data Security Practices
AUTODESK INC: Continues to Defend Barkasi Securities Suit
BARRICK GOLD: Fails to Pay Proper Wages, Allen Suit Alleges
BATH & BODY: Agreement Reached in Dahlin Class Suit
BATH & BODY: Agreement Reached in Smidga Class Action
BATH & BODY: Settlement Reached in Blanco Class Suit
BOEING CO: Moonitz Suit Removed from Sup. Ct. to C.D. Cal.
CENCORA INC: Brown Files Suit in E.D. Pennsylvania
CHANCELLOR SENIOR: Court Orders Unsealing of Exhibits in Reuschel
CITADEL SERVICING: Ballard Suit Seeks Rule 23 Class Certification
CITIZENS DISABILITY: Seeks Denial of Shutler Class Status Bid
CITRUS HEALTH: Gardner Discrimination Suit Removed to S.D. Florida
CITY OF HOPE: Rodriguez Suit Removed from Sup. Ct. to C.D. Cal.
COMPASS GROUP: Seeks Leave to File Class Cert Opposition Surreply
CONVERSE INC: Bid to File Docs Under Seal Granted in Part
CREDIT BUREAU: Amended Final Progression Order Entered in Myers
CRESCENT HOSPICE: Gilligan ADA Suit Removed to D. South Carolina
CROSSCOUNTRY MORTGAGE: Fails to Pay Processors' OT Wages Under FLSA
DENTALPLANS.COM: Bradley Wins Bid for Class Certification
DIANE & CO: Website Inaccessible to Blind Users, Gaspa Suit Claims
DREAMLAND BABY: Miller Sues Over Weighted Swaddles' False Ads
EDUCATIONAL CREDIT: Filing for Class Cert Bid Extended to Nov. 6
EKSTER INC: Purscelley Seeks Leave To File Docs Under Seal
ELON MUSK: Has Until July 15 to File Class Cert Opposition
ENVISION MANAGEMENT: Seeks to File Supplemental Opposition Brief
EXPERIAN INFO: Seeks Leave to File Class Cert Docs Under Seal
FALCK NORTHERN: Court Remands Nettles Case to Alameda County
FIRSTSOURCE SOLUTIONS: Bid to Seal Confidential Info Sought
FIRSTSOURCE SOLUTIONS: Mosier Wins Class Certification Bid
GENERAL MOTORS: Chapman Seeks Initial OK of Class Settlement
GROUP USA: Gaspa Sues Over Website's Noncompliance With ADA
HEIGHTS HEALTHCARE: Ezell and Stoll Sue Over Breaches of WARN Act
HISAMITSU AMERICA: Filing for Class Cert Bid Modified to August 21
HUBSPOT INC: Smith Seeks to Null Bylaws' Irrevocable Resignation
HUGO BOSS: Court Extends Time to File Class Cert Bid
HYATT HOTELS: Charges Fees to Service Dogs, McNaughton Suit Claims
INTUITIVE SURGICAL: Larkin Seeks to Seal Class Status Bid
INTUITIVE SURGICAL: Larkin Suit Seeks to Certify Rule 23 Class
KIRKLAND'S INC: Faces Sicard Labor Suit in S.D.N.Y.
LA SALLE UNIVERSITY: Filing for Class Cert Bid Due Nov. 15
LINCARE INC: Morris Seeks Hearing on Bid to Certify Class
LINCARE INC: Morris TCPA Suit Seeks to Certify Class
MERIDIAN SERVICES: Court Conditionally Certifies Class in Stirling
NATIONAL DEBT: All Fact Discovery Must be Completed by Oct. 25
PAPA JOHN'S: Hoffman Wins Class Certification Bid
PERCHERON PROFESSIONAL: Fails to Pay Agents' OT Wages Under FLSA
PFIZER INC: Direct Purchaser Plaintiffs' Class Cert. Bid Tossed
PFIZER INC: End-Payor Purchasers' Bid for Class Cert Tossed
PPGD INC: Guerrero Sues Over Labor Law Violations
ROSE DELI: Fails to Pay Proper Wages, Anjus Suit Alleges
SECURLY INC: Collects Students' Data Without Consent, Hunter Says
SELECT REHABILITATION: Plaintiffs Seek to Vacate Scheduling Order
SHIFTMED LLC: Lohr Suit Seeks Unpaid Overtime Wages for Nurses
SNYDER'S-LANCE: Messinger Files Suit in Pa. Ct. of Common Pleas
SPORT SQUAD: Matus Sues Over Sale of Unapproved Pickleball Paddles
SPORTIQE LLC: Bunting Sues Over Blind-Inaccessible Website
TD BANK: Removes Alston Suit to District of New Jersey
TERRY JOHNSON: Judge Recommends Class Certification of Beers Action
TICKETMASTER LLC: Fails to Prevent Data Breach, Anderson Alleges
TOMS SHOES LLC: Tucker Sues Over Blind-Inaccessible Website
TWITTER INC: Filing for Class Certification Bid Due Oct. 17
UNITED SERVICES: Improperly Denies Insurance Claims, Abraham Says
VICTORIA NYC: Quinn Action Lawsuit Removed from Sup. Ct. to D. Mass
VIONIC GROUP: Tucker Sues Over Blind-Inaccessible Website
WATERSIDE BRANDS: Bullock Sues Over Blind-Inaccessible Website
YOUNG'S MARKET: Bonilla Suit Removed to N.D. California
*********
3M CO: Hardwick Sues Over Use of Harmful Substances
---------------------------------------------------
KEVIN D. HARDWICK, Plaintiff v. 3M COMPANY, EIDP, INC, f/k/a E. I.
DU PONT DE NEMOURS AND COMPANY, and THE CHEMOURS COMPANY,
Defendants, Case No. 2:24-cv-03121-ALM-CMV (D. Ohio, June 5, 2024)
is a class action arising from the intentional, knowing, reckless
and negligent acts and omissions of Defendants in connection with
contamination of the blood and bodies of Plaintiff and other Class
members with two members of the family of synthetic, toxic per- and
polyfluoroalkyl substances known as perfluorooctanoic acid (PFOAS)
and perfluorooctane sulfonic acid or collectively referred to as
C8.
The Plaintiff and the other Class members were not told that their
blood and bodies were being contaminated with C8 or any other PFAS,
nor did they consent to any such exposure or being part of any
study, experiment, or other activity by or on behalf of Defendants
that purported to associate, monitor, or evaluate whether any of
their health conditions were related to C8. Accordingly, the
Plaintiff seeks for injunctive, equitable, and declaratory relief,
including medical monitoring and related studies.
Headquartered in St. Paul,MN, 3M Company manufactures industrial,
safety and consumer products. [BN]
The Plaintiff is represented by:
David J. Butler, Esq.
Jonathan N. Olivito, Esq.
TAFT STETTINIUS & HOLLISTER LLP
41 S. High Street, Suite 1800
Columbus, OH 43215
Telephone: (614) 221-2838
Facsimile: (614) 221-2007
E-mail: dbutler@taftlaw.com
jolivito@taftlaw.com
3S SERVICES: Fails to Pay Operators' OT Wages Under FLSA, Rice Says
-------------------------------------------------------------------
Charles Ernest Rice III, on behalf of himself and similarly
situated employees v. 3S Services, LLC, Case No. 5:24-cv-00622
(W.D. Tex., June 5, 2024) sues the Defendant for its failure to pay
overtime wage, pursuant to the Fair Labor Standards Act.
The Plaintiff's weekly work schedule typically encompassed at least
60 hours per workweek, and on many instances even more. However,
the Defendant did not pay the Plaintiff time and one-half the
regular rate of pay for all hours worked over 40 during each and
every workweek. The Defendant also failed to include all
remunerations paid, like its per diem payments to Plaintiff, when
calculating the regular rate for overtime purposes because it paid
no overtime wages to Plaintiff and similarly situated workers. The
suit claims that the Defendant misclassified Plaintiff and other
similarly situated employees (i.e. Collective Action Members) as
independent contractors, paying them with IRS tax form 1099s. But
the plaintiff and similarly stated workers were in fact Defendant's
employees under the FLSA.
The Plaintiff files this lawsuit individually and as a collective
action on behalf of all current and former workers of the Defendant
who are/were paid on a day rate basis, and are/were not paid time
and one-half their respective regular rates of pay for all hours
worked over 40 during each seven-day workweek, in the time period
of three years preceding the date this lawsuit was filed and
forward.
Furthermore, the Plaintiff and the Collective Action Members seek
all damages available under the FLSA, including back wages,
liquidated damages, legal fees, costs, and post-judgment interest.
Mr. Rice worked for the Defendant as a flowback operator from Oct.
14, 2022 until April 9, 2024. He was paid on a day rate basis of
$690 plus a per diem of $75 while working for Defendant.
The Defendant is an oilfield and construction services
company.[BN]
The Plaintiff is represented by:
Melinda Arbuckle, Esq.
Ricardo J. Prieto, Esq.
WAGE AND HOUR FIRM
5050 Quorum Drive, Suite 700
Dallas, TX 75254
Telephone: (214) 489-7653
Facsimile: (469) 489-0317
E-mail: marbuckle@wageandhourfirm.com
rprieto@wageandhourfirm.com
A&A SERVICES: Faces Krueger Suit Over Customers' Compromised Info
-----------------------------------------------------------------
HEATHER KRUEGER, individually and on behalf of all others similarly
situated, Plaintiff v. A&A SERVICES, LLC D/B/A SAV-RX, Defendant,
Case No. 8:24-cv-00206 (D. Neb., June 5, 2024) is a class action
against the Defendant for negligence, breach of third-party
beneficiary contract, and unjust enrichment.
The case arises from the Defendant's failure to properly secure and
safeguard the personally identifiable information of the Plaintiff
and similarly situated individuals stored within its computer
systems following a data breach. 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.
A&A Services, LLC, doing business as Sav-Rx, is a pharmacy
operator, with its principal place of business located in Fremont,
Nebraska. [BN]
The Plaintiff is represented by:
Gary M. Klinger, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC
227 W. Monroe Street, Suite 2100
Chicago, IL 60606
Telephone: (866) 252-0878
Email: gklinger@milberg.com
A&A SERVICES: Fails to Safeguard Customers' Info, Hill Suit Says
----------------------------------------------------------------
RODNEY HILL, individually and on behalf of all others similarly
situated, Plaintiff v. A&A SERVICES, LLC D/B/A SAV-RX, Defendant,
Case No. 8:24-cv-00205-RFR-MDN (D. Neb., June 5, 2024) is a class
action against the Defendant for negligence, breach of third-party
beneficiary contract, and unjust enrichment.
The case arises from the Defendant's failure to properly secure and
safeguard the personally identifiable information (PII) of the
Plaintiff and similarly situated individuals stored within its
computer systems following a data breach. 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.
A&A Services, LLC, doing business as Sav-Rx, is a pharmacy
operator, with its principal place of business located in Fremont,
Nebraska. [BN]
The Plaintiff is represented by:
Gary M. Klinger, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC
227 W. Monroe Street, Suite 2100
Chicago, IL 60606
Telephone: (866) 252-0878
Email: gklinger@milberg.com
A&A SERVICES: Fails to Safeguard Patients' Info, Prestby Says
-------------------------------------------------------------
DAVID PRESTBY and DEREK SUMMERVILLE, individually and on behalf of
all others similarly situated v. A&A SERVICES, LLC d/b/a SAV-RX,
Case No. 8:24-cv-00204-RFR-MDN (D. Neb., June 5, 2024) sues the
Defendant for failing to properly secure and safeguard the private
information that was entrusted to it, and its accompanying
responsibility to store and transfer that information.
The Plaintiffs and the proposed Class Members bring this class
action lawsuit on behalf of all persons who entrusted Sav-Rx with
sensitive, personally identifiable information and protected health
information that was impacted in the data breach.
On Oct. 3, 2023, the Defendant became aware of a cybersecurity
incident affecting its company's systems. The Defendant first
publicly disclosed the Data Breach to the Office of the Maine
Attorney General on May 24, 2024, more than seven months after
discovering the Data Breach. At least 2,800,000 consumers were
impacted by the Data Breach.
As a result of the Data Breach, the Private Information of
Plaintiffs and Class Members have been exposed to criminals for
misuse. The injuries suffered by Plaintiffs and Class Members, or
likely to be suffered include: theft of their Private Information;
costs associated with the detection and prevention of identity
theft; costs associated with time spent and the loss of
productivity from taking time to address and attempt to ameliorate,
mitigate, and deal with the consequences of this breach; invasion
of privacy; and the emotional distress, stress, nuisance, and
annoyance of responding to, and resulting from, the Data Breach,
the lawsuit asserts.
In addition to a remedy for economic harm, the Plaintiffs and Class
Members maintain an interest in ensuring that their Private
Information is secure, remains secure, and is not subject to
further misappropriation and theft.
Mr. Prestby is a citizen of Minnesota and resides in Brownsville,
Minnesota. On May 18, 2024, the Defendant sent Mr. Prestby a notice
letter informing him that he was impacted by the Data Breach.
Mr. Summerville is a citizen of Ohio and resides in Akron. On May
19, 2024, the Defendant sent Mr. Summerville a notice letter
informing him that he was impacted by the Data Breach.
Sav-Rx is a provider of managed care prescription services based
out of Fremont, Nebraska.[BN]
The Plaintiffs are represented by:
Pamela A. Car, Esq.
William L. Reinbrecht, Esq.
CAR & REINBRECHT, P.C.
2120 S. 72nd Street, Suite 1125
Omaha, NE 68124
Telephone: (402) 391-8484
E-mail: pacar@cox.net
- and -
Mark S. Reich, Esq.
Courtney E. Maccarone, Esq.
Gary I. Ishimoto, Esq.
LEVI & KORSINSKY, LLP
33 Whitehall Street, 17th Floor
New York, NY 10004
Telephone: (212) 363-7500
Facsimile: (212) 363-7171
E-mail: mreich@zlk.com
cmaccarone@zlk.com
gishimoto@zlk.com
ALTA PEST: Lagasse FLSA Suit Removed to W.D. Washington
-------------------------------------------------------
The case styled JOSEPH LAGASSE, individually and on behalf of all
others similarly situated v. ALTA PEST CONTROL LLC, Case No.
24-2-10137-3 SEA, was removed from the Superior Court of the State
of Washington for the County of King to the U.S. District Court for
the Western District of Washington on June 5, 2024.
The Clerk of Court for the Western District of Washington assigned
Case No. 2:24-cv-00795 to the proceeding.
The Plaintiff brings claims for the Defendant's alleged violations
of the Fair Labor Standards Act.
Alta Pest Control LLC is a pest control company based in
Washington. [BN]
The Defendant is represented by:
Alexandra M. Shulman, Esq.
Leah C. Lively, Esq.
BUCHALTER
1420 Fifth Ave., Ste. 3100
Seattle, WA 98101
Telephone: (206) 319-7036
Email: ashulman@buchalter.com
llively@buchalter.com
AMAZON.COM INC: Parties Seek Class Certification Briefing Schedule
------------------------------------------------------------------
In the class action lawsuit captioned as ELIZABETH DE COSTER, et
al., on behalf of themselves and all others similarly situated, v.
AMAZON.COM, INC., a Delaware corporation, Case No.
2:21-cv-00693-JHC (W.D. Wash.), the Parties ask the Court to enter
an order regarding class certification briefing schedule:
1. The deadlines contained in Docket No. 124 relating to
Plaintiffs' class certification motion are vacated; and
2. The Court will establish new class certification briefing
deadlines when it resolves Amazon's Motion for Coordinated
Discovery Schedule and Plaintiffs' Response to Motion for
Coordinated Discovery Schedule and Cross-Motion to Modify
Class
Certification Schedule and to Compel Scheduling of 30(b)(6)
Deposition.
Because both parties seek an extension of the class certification
briefing schedule but disagree about the length of the extension
the Court should grant, the parties therefore propose that the
Court vacate the existing class certification briefing schedule
pending the Court's resolution of Amazon's Motion and Plaintiffs'
Cross-Motion.
On May 6, 2024, Amazon filed a Motion for Coordinated Discovery
Schedule, which seeks a Court order extending the current class
certification briefing schedule.
On May 14, 2024, Plaintiffs filed their Response to Motion for
Coordinated Discovery Schedule and Cross-Motion to Modify Class
Certification Schedule and to Compel Scheduling of 30(b)(6)
Deposition, which seeks a Court order extending the current class
certification briefing schedule.
Amazon.com is engaged in e-commerce, cloud computing, online
advertising, digital streaming, and artificial intelligence.
A copy of the Parties' motion dated June 7, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=laDu1S at no extra
charge.[CC]
The Plaintiffs are represented by:
Steve W. Berman, Esq.
Barbara A. Mahoney, Esq.
Anne F. Johnson, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
1301 Second Avenue, Suite 2000
Seattle, WA 98101
Telephone: (206) 623-7292
Facsimile: (206) 623-0594
E-mail: steve@hbsslaw.com
barbaram@hbsslaw.com
annej@hbsslaw.com
- and -
Zina G. Bash, Esq.
Jessica Beringer, Esq.
Shane Kelly, Esq.
Daniel Backman, Esq.
KELLER POSTMAN LLC
111 Congress Avenue, Suite 500
Austin, TX, 78701
Telephone: (512) 690-0990
E-mail: zina.bash@kellerpostman.com
Jessica.Beringer@kellerpostman.com
shane.kelly@kellerpostman.com
Daniel.Backman@kellerpostman.com
- and -
Derek W. Loeser, Esq.
KELLER ROHRBACK L.L.P.
1201 Third Avenue, Suite 3200
Seattle, WA 98101-3052
Telephone: (206) 623-1900
Facsimile: (206) 623-3384
E-mail: Dloeser@kellerrohrback.com
- and -
Alicia Cobb, Esq.
Steig D. Olson, Esq.
David D. LeRay, Esq.
Nic V. Siebert, Esq.
Maxwell P. Deabler-Meadows, Esq.
Adam B. Wolfson, Esq.
QUINN EMANUEL URQUHART &
SULLIVAN, LLP
1109 First Avenue, Suite 210
Seattle, WA 98101
Telephone: (206) 905-7000
E-mail: aliciacobb@quinnemanuel.com
steigolson@quinnemanuel.com
davidleray@quinnemanuel.com
nicolassiebert@quinnemanuel.com
maxmeadows@quinnemanuel.com
adamwolfson@quinnemanuel.com
The Defendant is represented by:
John A. Goldmark, Esq.
MaryAnn Almeida, Esq.
DAVIS WRIGHT TREMAINE LLP
920 Fifth Avenue, Suite 3300
Seattle, WA 98104-1610
Telephone: (206) 622-3150
Facsimile: (206) 757-7700
E-mail: SteveRummage@dwt.com
JohnGoldmark@dwt.com
MaryAnnAlmeida@dwt.com
- and -
Karen L. Dunn, Esq.
William A. Isaacson, Esq.
Amy J. Mauser, Esq.
Martha L. Goodman, Esq.
Kyle Smith, Esq.
PAUL, WEISS, RIFKIND, WHARTON &
GARRISON LLP
2001 K Street, NW
Washington, DC 20006-1047
Telephone: (202) 223-7300
Facsimile: (202) 223-7420
E-mail: kdunn@paulweiss.com
wisaacson@paulweiss.com
amauser@paulweiss.com
mgoodman@paulweiss.com
ksmith@paulweiss.com
AT&T INC: Gillen Sues Over Inadequate Data Security Practices
-------------------------------------------------------------
BART GILLEN, individually and on behalf of all others similarly
situated, Plaintiff, v. AT&T INC., Defendant, Case No.
3:24-cv-01372-B (N.D. Tex., June 5, 2024), seeks to remedy the
harms by Defendant's failure to adequately secure and safeguard
personally identifiable information of its current and former
customers.
On or about March 17, 2024, the Defendant experienced a
cybersecurity incident, whereby the PII of Plaintiff and
approximately 73 million Class Members was exfiltrated. The data
breach was a direct result of Defendant's failure to implement
adequate and reasonable cyber-security procedures and protocols
necessary to protect consumers' PII from a foreseeable and
preventable cyber-attack. Moreover, the Plaintiff asserts claims
for negligence, negligence per se, breach of implied contract,
declaratory judgment, unjust enrichment, and for violations of
Section 5 of the Federal Trade Commission Act.
Headquartered in Dallas, TX, AT&T is a wireless carrier and
internet provider in the United States. [BN]
The Plaintiff is represented by:
Joe Kendall, Esq.
KENDALL LAW GROUP, PLLC
3811 Turtle Creek Blvd., Suite 825
Dallas, TX 75219
Telephone: (214) 744-3000
Facsimile: (214) 744-3015
E-mail: jkendall@kendalllawgroup.com
- and -
Joseph P. Guglielmo, Esq.
Ethan S. Binder, Esq.
SCOTT+SCOTT ATTORNEYS AT LAW
The Helmsley Building
230 Park Avenue, 17th Floor
New York, NY 10169
Telephone: (212) 223-4478
Facsimile: (212) 223-6334
E-mail: jguglielmo@scott-scott.com
ebinder@scott-scott.com
- and -
Alfred G. Yates, Jr., Esq.
LAW OFFICE OF ALFRED G. YATES, JR., P.C.
1575 McFarland Road, Suite 305
Pittsburgh, PA 15216
Telephone: 412-391-5164
Facsimile: 412-471-1033
E-mail: yateslaw@aol.com
AUTODESK INC: Continues to Defend Barkasi Securities Suit
---------------------------------------------------------
Autodesk Inc. disclosed in its Form 10-K Report for the fiscal
period ending January 31, 2024 filed with the Securities and
Exchange Commission on June 10, 2024, that the Company continues to
defend itself from the Barkasi federal securities class suit in the
Northern District of California.
On April 24, 2024, plaintiff Michael Barkasi filed a purported
federal securities class action complaint in the Northern District
of California against the Company, its Chief Executive Officer
Andrew Anagnost, and its former Chief Financial Officer, Deborah L.
Clifford. The action is captioned Michael Barkasi v. Autodesk, Inc.
et al., 3:24-cv-02431.
The complaint, which was filed shortly after the Company's
announcement of the Audit Committee of the Board of Directors'
internal investigation regarding the Company's free cash flow and
non-GAAP operating margin practices, generally alleges that the
defendants made false and misleading statements in violation of
Sections 10(b) and 20(a) of the Securities Exchange Act of 1934,
and Rule 10b-5 promulgated thereunder.
The action purports to be brought on behalf of those who purchased
or otherwise acquired the Company's publicly traded securities
between June 1, 2023 and April 16, 2024, and seeks unspecified
damages and other relief.
The case is in its early stages and a lead plaintiff has yet to be
appointed.
At this stage, the Company cannot reasonably estimate the amount of
any possible financial loss that could result from this matter.
AUTODESK, INC. supplies PC software and multimedia tools. The
Company's two-dimensional and three-dimensional products are used
across industries and in the home for architectural design,
mechanical design, geographic information systems and mapping, and
visualization applications. [BN]
BARRICK GOLD: Fails to Pay Proper Wages, Allen Suit Alleges
-----------------------------------------------------------
WADE ALLEN, individually and on behalf of all others similarly
situated, Plaintiff v. BARRICK GOLD OF NORTH AMERICA, INC. d/b/a
NEVADA GOLD MINES LLC; and TURNER STAFFING GROUP, LLC, Defendants,
Case No. 3:24-cv-00231 (D. Nev., June 5, 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 Allen was employed by the Defendant as a construction
manager.
BARRICK GOLD OF NORTH AMERICA, INC. provides mining services. The
Company mines gold. Barrick Gold operates worldwide. [BN]
The Plaintiff is represented by:
Roger Wenthe, Esq.
ROGER WENTHE, PLLC
2831 St. Rose Pkwy. # 200
Henderson, NV 89052
Telephone: (702) 971-0541
Email: roger.wenthe@gmail.com
BATH & BODY: Agreement Reached in Dahlin Class Suit
----------------------------------------------------
Bath & Body Works, Inc. disclosed in its Form 10-Q report for the
quarterly period ended May 4, 2024, filed with the Securities and
Exchange Commission on June 4, 2024, that it reached an agreement
with the plaintiffs in a case filed in Santa Barbara County,
California Superior Court, subject to approval.
The company was named as a defendant in "Dahlin v. Bath & Body
Works, LLC in said court. The complaints each alleged that the
company violated the Fair and Accurate Credit Transactions Act by
printing more than the last five digits of credit or debit card
numbers on customers' receipts and, among other things, sought
statutory damages, attorneys’ fees and costs.
Bath & Body Works, Inc. is a global omnichannel retailer focused on
personal care and home fragrance. The company sells merchandise
through its retail stores in the US and Canada, and through its
websites and other channels, under the Bath & Body Works, White
Barn and other brand names.
BATH & BODY: Agreement Reached in Smidga Class Action
-----------------------------------------------------
Bath & Body Works, Inc. disclosed in its Form 10-Q report for the
quarterly period ended May 4, 2024, filed with the Securities and
Exchange Commission on June 4, 2024, that it reached an agreement
with the plaintiffs in a case filed in the Pennsylvania Court of
Common Pleas.
The company was named as a defendant in "Smidga, et al. v. Bath &
Body Works, LLC" in the Allegheny County of said court. It alleged
that the company violated the Fair and Accurate Credit Transactions
Act (FCRA) by printing more than the last five digits of credit or
debit card numbers on customers' receipts and, among other things,
sought statutory damages, attorneys’ fees and costs.
Bath & Body Works, Inc. is a global omnichannel retailer focused on
personal care and home fragrance. The company sells merchandise
through its retail stores in the US and Canada, and through its
websites and other channels, under the Bath & Body Works, White
Barn and other brand names.
BATH & BODY: Settlement Reached in Blanco Class Suit
----------------------------------------------------
Bath & Body Works, Inc. disclosed in its Form 10-Q report for the
quarterly period ended May 4, 2024, filed with the Securities and
Exchange Commission on June 4, 2024, that the company was named as
a defendant in "Blanco v. Bath & Body Works, LLC in the Cook
County, Illinois Circuit Court. Said case was sent to individual
arbitration by court order, and the company finalized a settlement
of the case during the first quarter of 2024 that has resolved the
arbitration and lawsuit.
The complaint alleged that the company violated the Fair and
Accurate Credit Transactions Act by printing more than the last
five digits of credit or debit card numbers on customers' receipts
and, among other things, sought statutory damages, attorneys' fees
and costs.
Bath & Body Works, Inc. is a global omnichannel retailer focused on
personal care and home fragrance. The company sells merchandise
through its retail stores in the US and Canada, and through its
websites and other channels, under the Bath & Body Works, White
Barn and other brand names.
BOEING CO: Moonitz Suit Removed from Sup. Ct. to C.D. Cal.
----------------------------------------------------------
The class action lawsuit captioned as KATHY MOONITZ, an individual
v. THE BOEING COMPANY, a Delaware corporation, NINA MATTERA, an
individual, and DOES 1 to 100, inclusive, Case No. 24STCV09122
(Filed April 11, 2024), was removed from the Superior Court of the
State of California for the County of Los Angeles to the United
States District Court for the Central District of California on
June 5, 2024.
The Central California District Court Clerk assigned Case No.
2:24-cv-04733 to the proceeding.
The suit alleges claims for whistleblower retaliation in violation
of the California Labor Code Section 1102.5(b), injunctive
relief/declaratory judgment, and defamation per se.
Boeing is an American multinational corporation that designs,
manufactures, and sells airplanes, rotorcraft, rockets, satellites,
and missiles worldwide.[BN]
The Plaintiff is represented by:
Leonard H. Sansanowicz, Esq.
SANSANOWICZ LAW GROUP, P.C.
21031 Ventura Blvd., Suite 701
Woodland Hills, CA 91364
Telephone: (818) 639-8510
Facsimile: (818) 639-8511
E-mail: leonard@law-slg.com
- and -
Narak Mirzaie, Esq.
M LAW ATTORNEYS, APC
Pasadena, CA 91102
Telephone: (626) 626-4422
Facsimile: (626) 626-4420
E-mail: nm@mlawattorneys.com
The Defendants are represented by:
Catherine L. Hazany, Esq.
Margaret C. Castaneda, Esq.
OGLETREE, DEAKINS, NASH,
SMOAK & STEWART, P.C.
19191 S. Vermont Avenue, Suite 950
Torrance, CA 90502
Telephone: (310) 217-8191
Facsimile: (310) 217-8184
E-mail: catherine.hazany@ogletree.com
margaret.castaneda@ogletree.com
CENCORA INC: Brown Files Suit in E.D. Pennsylvania
--------------------------------------------------
A class action lawsuit has been filed against Cencora, Inc., et al.
The case is styled as Debra Brown, individually and on behalf of
all others similarly situated v. CENCORA, INC., THE LASH GROUP,
LLC, Case No. 2:24-cv-02436-CMR (E.D. Pa., June 5, 2024).
The nature of suit is stated as Other P.I. for Personal Injury.
Cencora, Inc. -- https://www.cencora.com/ -- formerly known as
AmerisourceBergen, is an American drug wholesale company and a
contract research organization that was formed by the merger of
Bergen Brunswig and AmeriSource in 2001.[BN]
The Plaintiff is represented by:
Charles E. Schaffer, Esq.
LEVIN SEDRAN & BERMAN
510 Walnut Street, Suite 500
Philadelphia, PA 19106
Phone: (215) 592-1500
Fax: (215) 592-4663
Email: cschaffer@lfsblaw.com
The Defendant is represented by:
Gregory T. Parks, Esq.
Kristin M. Hadgis, Esq.
Terese M. Schireson, Esq.
2222 Market Street
Philadelphia, PA 19103
Phone: (215) 963-5170
Fax: (215) 963-5001
Email: gparks@morganlewis.com
kristin.hadgis@morganlewis.com
terese.schireson@morganlewis.com
- and -
Emily Wheeling, Esq.
MORGAN, LEWIS & BOCKIUS LLP
1701 Market Street
Philadelphia, PA 19103
Phone: (215) 963-5876
Fax: (215) 963-5001
Email: emily.wheeling@morganlewis.com
CHANCELLOR SENIOR: Court Orders Unsealing of Exhibits in Reuschel
------------------------------------------------------------------
In the class action lawsuit captioned as NANCY REUSCHEL as
Executrix of the Estate of Louise McGraw, deceased and LORETTA
HOLCOMB as Executrix of the Estate of Charlotte Rogers, deceased
and on behalf of all others similarly situated, v. CHANCELLOR
SENIOR MANAGEMENT, LTD., Case No. 5:22-cv-00279 (S.D.W. Va.), the
Hon. Judge Frank Volk entered an order:
-- denying the Defendant's amended motion/request to remain
certain
limited portions under seal; and
-- denying the Defendant's motion/request to remain certain
limited portions under seal as moot.
The court orders the exhibits unsealed. the clerk is directed to
transmit a copy of this written opinion and order to all counsel of
record and to any unrepresented party.
The information CSM seeks to seal is a run-of-the-mill teambuilding
and customer service strategy rather than a proprietary business
concept. And it thus falls far short of overcoming “the strong
presumption in favor of public access to court records.” Neither
a sealing nor redaction order are thus appropriate. Accordingly,
CSM has not discharged its common law burden to impose secrecy.
On Oct. 18, 2023, the parties filed a Joint Motion for the
Extension of Time to respond to the Conditional Motion for Seal
Documents.
On Nov. 13, 2023, CSM filed a Request to Maintain Certain, Limited
Information Filed in Support of Plaintiffs’ Motion for Class
Certification Under Seal [Doc.180]. On November 15, 2023, CSM filed
its Amended Request to Maintain Certain Limited Information Filed
in Support of Plaintiffs’ Motion for Class Certification Under
Seal.
Chancellor is a dynamic company that develops, owns, and operates
properties that provide seniors with housing and health care
options.
A copy of the Court's order dated June 6, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=u9iEek at no extra
charge.[CC]
CITADEL SERVICING: Ballard Suit Seeks Rule 23 Class Certification
-----------------------------------------------------------------
In the class action lawsuit captioned as Falon Ballard and Matthew
Ballard, individually and on behalf of all others similarly
situated, v. Citadel Servicing Corporation, a/k/a Acra Lending; and
DOES 1-5, Case No. 8:22-cv-01679-FWS-ADS (C.D. Cal.), the
Plaintiffs, on Aug. 1, 2024, will move for an order granting
certification under Rules 23(a) and (b)(3) of the following
classes:
Debt Collection Class:
"All persons in California who received a payment
"accommodation"
from Citadel as that term is defined by the CARES Act, were
current
before the accommodation, and received a past due debt
collection
notice as a result of the non-payments subject to the
accommodation, during the relevant statute of limitations
period."
Credit Reporting Class
"All persons in California who received a payment
"accommodation"
from Citadel as defined by the CARES Act, were current before
the
accommodation, and whose accounts were reported as delinquent or
past due as a result of the non-payments subject to the
accommodation, during the relevant statute of limitations
period."
The Plaintiffs also move for an order granting class certification
under Rule 23(a) and (b)(2) of the following class:
Credit Reporting Class
"All persons in California who received a payment
"accommodation"
from Citadel as defined by the CARES Act, were current before
the
accommodation, and whose accounts were reported as delinquent or
past due as a result of the non-payments subject to the
accommodation, during the relevant statute of limitations
period."
The Plaintiffs also will move the Court to appoint them as Class
representatives and to appoint Ray Kim Law, APC as class counsel.
The Plaintiffs bring individual claims under: (i) the California
Credit Reporting Agencies Act ("CCRAA"), and (ii) the federal Fair
Credit Reporting Act ("FCRA") as a result of Citadel's inaccurate
credit reporting and failure to reasonably investigate
Plaintiffs’ credit reporting disputes.
In April 2019, the Plaintiffs obtained a personal home mortgage
loan for their residence in Orange County, California.
On March 27, 2020, due to their financial hardships the Plaintiffs
contacted Citadel for a COVID-19 accommodation.
On Dec. 28, 2020, Citadel sent the Plaintiff a Repayment Plan.
The Plaintiffs made the first payment of $3,722.55 on Dec. 28,
2020. Nevertheless, Citadel reported the December 2020 as past due,
even though December 2020 was still under the four-month
forbearance plan and even though Plaintiffs made the December 2020
payment on time.
Citadel provides non-prime loans for residential properties on both
an owner occupied and non-owner occupied basis.
A copy of the Plaintiffs' motion dated June 7, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=opg0pn at no extra
charge.[CC]
The Plaintiffs are represented by:
Raymond Y. Kim, Esq.
RAY KIM LAW, APC
112 E. Amerige Avenue, Suite 240
Fullerton, CA 92832
Telephone: (833) 729-5529
Facsimile: (833) 972-9546
E-mail: ray@raykimlaw.com
CITIZENS DISABILITY: Seeks Denial of Shutler Class Status Bid
-------------------------------------------------------------
In the class action lawsuit captioned as MICHAEL SHUTLER,
individually and on behalf of all others similarly situated, v.
CITIZENS DISABILITY LLC, Case No. 2:23-cv-14337-KMM (S.D. Fla.),
the Defendant asks the Court to enter an order granting its
affirmative motion to deny class certification of the putative
classes pursuant to Federal Rule of Civil Procedure 23 on the
grounds that the Plaintiff failed to seek certification at an early
practicable time as required.
Accordingly, Citizens seeks an order denying class certification
for any putative classes arising out of or relating to the
Plaintiff's claims for violations of the Telephone Consumer
Protection Act ("TCPA").
Given the considerable delay and prejudice to the Defendants, and
considering that the plaintiff may proceed individually, it is
clear a class action is not the superior method of adjudicating the
claims in this case. As such, the Plaintiff should not be permitted
to file an untimely motion to certify any class.
On Oct. 25, 2023, the Plaintiff filed a class action complaint
alleging that Citizens "initiated" six nonconsensual calls to his
residential cellular phone that was registered on the National DNC
Registry, and that those calls utilized prerecorded voice
technology. Based on these allegations, the Plaintiff seeks to
represent the following two classes:
The Prerecorded Voice Class
"All people in the United States (1) to whom Citizens Disability
initiated one or more calls to their cellular telephone, (2)
using
a prerecorded or artificial voice, (3) within the last four
years
from the filing of this action."
The DNCR Class
"All people in the United States (1) to whom Citizens Disability
initiated more than one telephone solicitation within any
12-month
period, (2) to their cellular telephone number, (3) while their
phone number was listed on the national Do Not Call Registry,
(4)
within the last four years from the filing of this action."
A copy of the Defendant's motion dated June 7, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=8TG8Ab at no extra
charge.[CC]
The Defendant is represented by:
Jenniffer Cabrera, Esq.
TROUTMAN AMIN, LLP
1825 NW Corporate Blvd, Ste. 100
Boca Raton, FL 33431
Telephone: (561) 834-0883
jenniffer@troutmanamin.com
CITRUS HEALTH: Gardner Discrimination Suit Removed to S.D. Florida
------------------------------------------------------------------
The case styled REYUANA GARDNER, Plaintiff v. CITRUS HEALTH
NETWORK, INC., Defendant, Case No. 2021-027714-CA-01, was removed
from the Circuit Court of the Eleventh Judicial Circuit in and for
Miami-Dade County, Florida to the U.S. District Court for the
Southern District of Florida on June 5, 2024.
The Clerk of Court for the Southern District of Florida assigned
Case No.1:24-cv-22167-XXXX to the proceeding.
The class action arises from the Defendant's alleged race
discrimination and retaliation in violation of the Florida Civil
Rights Act.
Citrus Health Network provides primary medical and behavioral
health services in Hialeah, FL. [BN]
The Defendant is represented by:
Jamie L. White, Esq.
Alyssa Castelli, Esq.
SPIRE LAW, PLLC
2572 W. State Road 426, Suite 2088
Oviedo, FL 32765
E-mail: jamie@spirelawfirm.com
alyssa@spirelawfirm.com
marcela@spirelawfirm.com
filings@spirelawfirm.com
CITY OF HOPE: Rodriguez Suit Removed from Sup. Ct. to C.D. Cal.
---------------------------------------------------------------
The class action lawsuit captioned as CARLI RODRIGUEZ,
individually, and on behalf of all others similarly situated, v.
CITY OF HOPE, a California corporation, and DOES 1 through 100,
inclusive, Case No. 24STCV09935 (Filed April 19, 2024), was removed
from the from Los Angeles Superior Court to the United States
District Court for the Central District Of California on June 5,
2024.
The Central California District Court Clerk assigned Case No.
2:24-cv-04691 to the proceeding.
City of Hope is a private, non-profit clinical research center,
hospital and graduate school.[BN]
The Plaintiff is represented by:
Daniel Srourian, Esq.
SROURIAN LAW FIRM, P.C.
3435 Wilshire Blvd., Suite 1710
Los Angeles, CA 90010
Telephone: (213) 474-3800
Facsimile: (213) 471-4160
E-mail: daniel@slfla.com
- and -
Jason Wucetich, Esq.
Dimitros V. Korovilas, Esq.
WUCETICH & KOROVILAS LLP
222 N. Pacific Coast Hwy., Suite 2000
El Segundo, CA 90245
Telephone: (310) 335-2001
Facsimile: (310) 364-5201
E-mail: jason@wukolaw.com
dimitri@wukolaw.com
The Defendant is represented by:
John A. Vogt, Esq.
Matthew T. Billeci, Esq.
Jeffrey A. Levee, Esq.
JONES DAY
3161 Michelson Drive, Suite 800
Irvine, CA 92612.4408
Telephone: (949) 851-3939
Facsimile: (949) 553-7539
E-mail: javogt@jonesday.com
mbilleci@jonesday.com
jlevee@jonesday.com
COMPASS GROUP: Seeks Leave to File Class Cert Opposition Surreply
-----------------------------------------------------------------
In the class action lawsuit captioned as JAMES JILEK, et al., on
behalf of himself and all others similarly situated, v. COMPASS
GROUP USA, INC., D/B/A Canteen, Case No. 3:23-cv-00818-RJC-DCK
(W.D.N.C.), the Defendant asks the Court to enter an order granting
the Defendant's motion for leave to file, instanter, a Surreply in
opposition to the motion for class certification in order to
address false statements of fact and mischaracterizations presented
by the Plaintiff for the first time in his reply in support of
motion for class certification.
Compass' proposed Surreply is attached as Exhibit A, and addresses
only newly raised, and false, factual or evidentiary material
asserted in the Plaintiff's Reply.
Compass retails prepared foods and drinks for on-premise
consumption.
A copy of the Defendant's motion dated June 6, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=JAEKOG at no extra
charge.[CC]
The Defendant is represented by:
Joseph C. Wylie II, Esq.
Nicole C. Mueller, Esq.
Kenn Brotman, Esq.
Paul W. Sweeney Jr., Esq.
Daniel D. McClurg, Esq.
K&L GATES LLP
70 West Madison Street, Suite 3300
Chicago, IL 60602-4207
Telephone: (312) 372-1121
Facsimile: (312) 827-8000
E-mail: joseph.wylie@klgates.com
Nicole.Mueller@klgates.com
Kenn.Brotman@klgates.com
paul.sweeney@klgates.com
daniel.mcclurg@klgates.com
CONVERSE INC: Bid to File Docs Under Seal Granted in Part
---------------------------------------------------------
In the class action lawsuit captioned as Nora Gutierrez v. Converse
Inc., et al. Case No. 2:23-cv-06547-KK-MAR (C.D. Cal.), the Hon.
Judge Kenly Kiya Kato entered an order:
(1) granting in part and denying in part Plaintiff's application
to
file documents under seal in connection with Plaintiff's
motion
for class certification;
(2) denying the defendant's application to file documents under
seal in connection with defendant's opposition; and
(3) granting plaintiff's application to file documents under
seal
in connection with plaintiff's reply.
On July 5, 2023, plaintiff Nora Gutierrez filed a class action
Complaint against Converse in Los Angeles County Superior Court,
alleging the chat feature on Defendant’s website records
communications from Plaintiff and other California users of
Defendant’s website without their consent in violation of
California's Invasion of Privacy Act and Comprehensive Computer
Data Access and Fraud Act.
On May 16, 2024, Plaintiff filed a Motion for Class Certification.
On May 17, 2024, Plaintiff filed an Application to file certain
exhibits to the Motion under seal pursuant to Local Rule
79-5.2.2(b).
Converse markets, distributes, and licenses footwear, apparel, and
accessories.
A copy of the Court's order dated June 6, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=zqGiC5 at no extra
charge.[CC]
CREDIT BUREAU: Amended Final Progression Order Entered in Myers
---------------------------------------------------------------
In the class action lawsuit captioned as RICHARD D. MYERS,
Bankruptcy trustee for the bankruptcy estate of Donna Jean
Lunsford, on behalf of themselves and all others similarly
situated; and DONNA J. HAMILTON, v. CREDIT BUREAU SERVICES, INC.,
and C. J. TIGHE, Case No. 8:20-cv-00141-JFB (D. Neb.), the Hon.
Judge Kate Rahel entered an order granting the Parties' joint
motion to amend progression.
Accordingly, it is ordered that the provisions of the Court's
previous final progression order remain in effect, and in addition
to those provisions, case progression shall be amended as follows:
1) The trial and pretrial conference will not be set at this
time
but will be set after the Court's ruling on Plaintiffs'
motion
for class certification.
Accordingly, the parties are to contact the appointed
special
master or assigned Magistrate Judge to schedule a status
conference to discuss the pretrial and trial setting within
10
days of the Court's ruling on Plaintiffs' motion for class
certification.
2) The deadline for completing remaining discovery is Aug. 30,
2024.
3) The deadline to file motions for class certification is
Sept.
13, 2024.
4) The deadline for filing motions for summary judgment is Oct.
17, 2024.
5) The parties shall comply with all other stipulations and
agreements recited in their Rule 26(f) planning report that
are
not inconsistent with this order.
Credit Bureau specializes in healthcare receivables.
A copy of the Court's order dated June 7, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=XXuizx at no extra
charge.[CC]
CRESCENT HOSPICE: Gilligan ADA Suit Removed to D. South Carolina
----------------------------------------------------------------
The case styled Kenneth Joseph Gilligan, III, Plaintiff, v.
Crescent Hospice, Inc. and/or Care Hospice, Inc., Defendants, Case
No. 2024-CP-22-00368, was removed from the Court of Common Pleas
for Georgetown County, South Carolina, to the U.S. District Court
for the District of South Carolina, Charleston Division, on June 5,
2024.
The Clerk of Court for the District of South Carolina assigned Case
No. 2:24-cv-03354-DCN-MGB to the proceeding.
The class action arises from Defendants' alleged violations of the
American with Disabilities Act.
Based in South Carolina, Crescent Hospice, Inc. provides
end-of-life care to patients and their families.
The Defendants are represented by:
Hannah D. Stetson, Esq.
TURNER PADGET GRAHAM & LANEY, P.A.
Post Office Box 1473
Columbia, SC 29202
Telephone: (803) 254-2200
E-mail: hstetson@turnerpadget.com
CROSSCOUNTRY MORTGAGE: Fails to Pay Processors' OT Wages Under FLSA
-------------------------------------------------------------------
CHRISTINA NIELSEN, individually and on behalf of all similarly
situated persons v. CROSSCOUNTRY MORTGAGE, LLC, Case No.
1:24-cv-02460-JPB (N.D. Ga., June 5, 2024) alleges that the
Defendant failed to pay her for overtime hours worked in excess of
40 hours per workweek at required overtime rates, in violation of
the Fair Labor Standards Act of 1938.
In February 2022, the Defendant claimed that Plaintiff's job title
changed to "loan processor manager" with an "annual rate of pay" of
"$70,000," plus bonuses "per Eligible Loan when listed as Loan
Processor on loan file." At the same time the Defendant confirmed
in writing that the Plaintiff would continue to receive bonuses
based on her "Role" of "Loan Processor." But between February 2022
and her July 2022 termination, the Plaintiff's job duties continued
to be those of a loan processor performing nonexempt work, the suit
claims.
During the three years prior to the filing of this Complaint, the
Plaintiff worked more than 40 hours during many workweeks while
employed by the Defendant and performed non-exempt work, but the
Defendant never paid the Plaintiff for more than 40 hours of work
in any workweek, the Plaintiff asserts.
The Defendant allegedly required the Plaintiff and other nonexempt
branch employees to work unpaid overtime as a condition of their
employment. The Defendant also failed to properly include bonuses
paid to the Plaintiff and members of the Collective in each pay
period as part of any determination by the Defendant of their
"regular rate" of pay under the FLSA, the suit further alleges.
The Plaintiff worked for the Defendant as a full-time nonexempt
loan processor through and including the Defendant's termination of
the Plaintiff's employment in July 2022.
CrossCountry is a Cleveland-based direct lender.[BN]
The Plaintiff is represented by:
Tracey T. Barbaree, Esq.
MOELLER BARBAREE LLP
1175 Peachtree Street N.E., Suite 1850
Atlanta, GA 30361
Telephone: (404) 748-9122
E-mail: tbarbaree@moellerbarbaree.com
- and -
J. Stephen Mixon, Esq.
THE MIXON LAW FIRM
3344 Peachtree Rd N.E., Suite 800
Atlanta, GA 30326
Telephone: (770) 955-0100
E-mail: steve@mixon-law.com
DENTALPLANS.COM: Bradley Wins Bid for Class Certification
---------------------------------------------------------
In the class action lawsuit captioned as DEBORAH BRADLEY,
individually and on behalf of others similarly situated, v.
DENTALPLANS.COM et al., Case No. 1:20-cv-01094-BAH (D. Md.), the
Hon. Judge Brendan Hurson entered an order that:
(1) Plaintiff's motion to file a surreply, is granted;
(2) Defendants' motion to file a sur-surreply, is granted;
(3) DentalPlans's motion for summary judgment, is denied;
(4) Plaintiff's motion for class certification, and sealed
version
of the same, are granted;
(5) Plaintiffs proposed class and subclass are certified as
requested in ECF 107, with Plaintiff Deborah Bradley
appointed
as class representative and her counsel appointed as class
counsel:
a. Class
"All persons who were non-customers at the time of the
call
(i) whom DentalPlans.com or someone on its behalf called
using a prerecorded voice, (ii) to a cellular telephone
number, (iii) for the purpose of trying to sell goods or
services, (iv) for any consumer who signed up by
telephone,
(v) during any period when the marketing script in [ECF
108-
4] was DentalPlans' "consent" practice and procedure."
i. Subclass
"All persons in the Class whose prior DentalPlans plan
was through Cigna."
(6) The parties shall confer and jointly submit to the Court a
proposed form of notice to the Class no later than 45 days
following entry of this Order; and
(7) The Clerk of the Court shall transmit a copy of this Order
and
accompanying memorandum opinion to counsel of record.
DentalPlans.com provides dental care plans online.
A copy of the Court's order dated June 6, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=MxBgy6 at no extra
charge.[CC]
DIANE & CO: Website Inaccessible to Blind Users, Gaspa Suit Claims
------------------------------------------------------------------
VERONICA GASPA, on behalf of herself and all others similarly
situated, Plaintiff v. Diane & Co. Online, Inc., Defendant, Case
No. 3:24-cv-06714 (D.N.J., June 5, 2024) arises from Defendant's
failure to make its digital properties accessible to legally blind
individuals, which violates the effective communication and equal
access requirements of Title III of the Americans with Disabilities
Act.
The Defendant's denial of full and equal access to its website, and
therefore denial of its goods and the ability to frequent the
physical locations and other services offered thereby, is a
violation of Plaintiff's rights under the ADA. Accordingly, the
Plaintiff seeks a permanent injunction to cause a change in
Defendant's corporate policies practices, and procedures so that
Defendant's website will become and remain accessible to blind and
visually-impaired consumers.
Diane & Co. Online, Inc. operates the Dianeandcoonline.com online
retail store that sells designer dresses. [BN]
The Plaintiff is represented by:
Uri Horowitz, Esq.
URI HOROWITZ PLLC
14441 70th Road
Flushing, NY 11367
Telephone: (718) 705-8706
Facsimile: (718) 705-8705
E-mail: Uri@Horowitzlawpllc.com
DREAMLAND BABY: Miller Sues Over Weighted Swaddles' False Ads
-------------------------------------------------------------
TULIISA MILLER, individually and on behalf of all others similarly
situated v. DREAMLAND BABY CO., Case No. 3:24-cv-03379-LB (N.D.
Cal., June 5, 2024) sues the Defendant for unfair, unlawful,
deceptive, and misleading Challenged Representations and Material
Omissions on its Dreamland Baby brand weighted sleepwear products,
including Dreamland Baby Dream Weighted Sleep Sack, Dreamland Baby
Dream Weighted Sleep Swaddles and Dreamland Baby Dream Weighted
Transition Swaddles.
The Challenged Representations include the statements "Doctor
Approved" and "Safety Certified" on the Products' labels and
packaging, and Defendant's marketing of the Products as safe for
babies to sleep in throughout the night—mislead reasonable
consumers into believing that the Products do not pose
life-threatening and severe safety risks, including: reductions in
oxygen saturation levels in infants, which may harm brain
development ("Oxygen Reduction Danger"); suffocation, which may
lead to death ("Suffocation Danger"); and (3) suppressing or
impeding on arousal responses, which may lead to Sudden Infant
Death Syndrome ("Deep Sleep Danger"), the suit asserts.
Contrary to Defendant's representations and omissions, the
overwhelming consensus among pediatricians and baby product safety
experts is that weighted baby swaddles and sleep sacks, like the
Products, should not be used on infants due to the Material Dangers
that may lead to a parent's worst nightmare—death. The American
Academy of Pediatricians ("AAP"), which represents 67,000
pediatricians, and Consumer Product Safety Commission (“CPSC”),
have issued strong warnings against the use of weighted baby
swaddles and sleep sacks as a result of the Material Dangers, the
suit says.
As a result of the Defendant's alleged misconduct, the Plaintiff,
members of the California Subclass, and members of the
Direct-to-Consumer Subclass were harmed in the amount of the
purchase price they paid for the Products.
Further, the Plaintiff, members of the California Subclass, and
members of the Direct-to-Consumer Subclass have suffered and
continue to suffer economic losses and other damages including the
amounts paid for the Products, and any interest that would have
accrued on those monies, in an amount to be proven at trial.
Accordingly, the Plaintiff seeks a monetary award for violation of
the UCL in damages, restitution, and/or disgorgement of ill-gotten
gains to compensate Plaintiff, the California Subclass, and the
Direct-to-Consumer Subclass for said monies, as well as injunctive
relief to enjoin the Defendant's misconduct to prevent ongoing and
future harm that will result.
Plaintiff Miller purchased the Dreamland Baby Dream Weighted
Transition Swaddle in the County of Contra Costa from a store in
2022 for approximately $80.00.
Dreamland markets weighted baby swaddles and sleep sacks to help
babies fall and stay asleep throughout the night.[BN]
The Plaintiff is represented by:
Ryan J. Clarkson, Esq.
Katherine A. Bruce, Esq.
Alan Gudino, Esq.
CLARKSON LAW FIRM, P.C.
22525 Pacific Coast Highway
Malibu, CA 90265
Telephone: (213) 788-4050
Facsimile: (213) 788-4070
E-mail: rclarkson@clarksonlawfirm.com
kbruce@clarksonlawfirm.com
agudino@clarksonlawfirm.com
EDUCATIONAL CREDIT: Filing for Class Cert Bid Extended to Nov. 6
----------------------------------------------------------------
In the class action lawsuit captioned as BEHESHTA MAHBOOB,
individually and CAROLE CRAMER-BANKS and CYNTHIA LEPUR, on behalf
of themselves, and all others similarly situated, v. EDUCATIONAL
CREDIT MANAGEMENT CORPORATION, Case No. 2:21-cv-08585-JAK-GJS (C.D.
Cal.), the Hon. Judge John Kronstadt entered an order approving
stipulation to extend date to file motion for class certification
and dispositive motions.
Case Management Event Prior Deadline New
Deadline
Deadline to file Motion for Aug. 5, 2024 Nov. 6,
2024
Class Certification
Deadline to file Opposition to Sept. 4, 2024 Dec. 16,
2024
Motion for Class Certification
Deadline to file Reply to Motion Sept. 18, 2024 Jan. 10,
2025
for Class Certification
Hearing on Motion for Class Sept. 30, 2025 Jan. 27,
2025
Certification:
Last day to participate in a Nov. 6, 2024 Sept. 27,
2024
settlement conference/mediation:
Last day to file notice of Nov. 8, 2024 Oct. 4,
2024
settlement/joint report re
settlement
Non-Expert Discovery Cut-Off: Dec. 9, 2024 Dec. 9,
2024
Last day to file All Motions Jan. 27, 2025 Mar. 28,
2025
(including discovery motions):
The Defendant provides education loan, loan bankruptcy management,
loan collection, and document management services.
A copy of the Court's order dated June 6, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=UyDJXq at no extra
charge.[CC]
EKSTER INC: Purscelley Seeks Leave To File Docs Under Seal
----------------------------------------------------------
In the class action lawsuit captioned as THOMAS PURSCELLEY,
individually and on behalf of all others similarly situated, v.
EKSTER INC., a Delaware corporation; and DOES 1 TO 10, inclusive,
Case No. 2:23-cv-07908-WLH-JC (C.D. Cal.), the Plaintiff asks the
Court to enter an order, pursuant to Civil Local Rule 79- 5.2, to
file the following documents under seal:
Memorandum of Points and Authorities in support of Plaintiff's
Notice of Motion and Motion for Class Certification filed on June
7, 2024, which redacts page 6, lines 24-26 and page 9, lines 9-11
because the Defendant has designated the redacted portions as
"CONFIDENTIAL" under the Protective Order entered in this action on
January 3, 2024.
Accordingly, the Plaintiff requests that the foregoing documents
including portions of Plaintiff's Memorandum and those attached to
the Ferrell Declaration be filed under seal to protect Defendant's
purported confidential information if Defendant files a declaration
establishing that all or part of the designated material is
sealable.
Ekster is a scale-up that designs, produces and markets smart
leather goods with an innovative touch.
A copy of the Plaintiff's motion dated June 7, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=SVMQiB at no extra
charge.[CC]
The Plaintiff is represented by:
Scott J. Ferrell, Esq.
Victoria C. Knowles, Esq.
PACIFIC TRIAL ATTORNEYS, P.C.
4100 Newport Place Drive, Suite 800
Newport Beach, CA 92660
Telephone: (949) 706-6464
Facsimile: (949) 706-6469
E-mail: sferrell@pacifictrialattorneys.com
vknowles@pacifictrialattorneys.com
ELON MUSK: Has Until July 15 to File Class Cert Opposition
----------------------------------------------------------
In the class action lawsuit captioned as GIUSEPPE PAMPENA, on
behalf of himself and all others similarly situated, v. ELON R.
MUSK, Case No. 3:22-cv-05937-CRB (N.D. Cal.), the Hon. Judge
Charles Breyer entered an order extending class certification
briefing deadline and deadline to amend the pleadings:
1. Defendant's deadline to file his Opposition to the motion
shall
be extended to July 15, 2024;
2. Plaintiffs' deadline to file their reply in support of their
motion shall be extended to Aug. 16, 2024;
3. The hearing on the Motion should be held no earlier than
Sept. 6, 2024, at a date and time to be scheduled by the
Court.
4. The deadline to amend the pleadings shall be extended to
Dec. 20, 2024.
5. Motion hearing set for Sept. 27, 2024 at 10:00 a.m. by Zoom.
On Feb. 27, 2024, the Court entered a Scheduling Order setting
dates for briefing on a Class Certification Motion.
On May 24, 2024, the plaintiffs filed their Motion to Certify
The parties have met and conferred and agreed that in order for
each party to adequately conduct certification related-fact and
expert discovery relevant to the Motion, the time for the parties
to oppose and reply to the Motion should be extended.
The parties have also met and conferred and agreed that the
deadline to amend the pleadings should be continued due to the
discovery stay and fact that the Plaintiffs have not received any
discovery to-date.
Elon Musk is a businessman and investor known for his key roles in
space company SpaceX and automotive company Tesla, Inc.
A copy of the Court's order dated June 7, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=njTXrt at no extra
charge.[CC]
The Plaintiff is represented by:
Joseph W. Cotchett, Esq.
Mark C. Molumphy, Esq.
Tyson C. Redenbarger, Esq.
Gia Jung, Esq.
COTCHETT, PITRE & MCCARTHY, LLP
San Francisco Airport Office Center
840 Malcolm Road, Suite 200
Burlingame, CA 94010
Telephone: (650) 697-6000
E-mail: jcotchett@cpmlegal.com
mmolumphy@cpmlegal.com
tredenbarger@cpmlegal.com
gjung@cpmlegal.com
- and -
Francis A. Bottini, Jr., Esq.
Albert Y. Chang, Esq.
Aaron Arnzen, Esq.
BOTTINI & BOTTINI, INC.
7817 Ivanhoe Avenue, Suite 102
La Jolla, CA 92037
Telephone: (858) 914-2001
E-mail: fbottini@bottinilaw.com
achang@bottinilaw.com
aarnzen@bottinilaw.com
The Defendant is represented by:
Alex Spiro, Esq.
Jesse A. Bernstein, Esq.
Jonathan E. Feder, Esq.
Michael T. Lifrak, Esq.
Joseph C. Sarles, Esq.
Alex Bergjans, Esq.
QUINN EMANUEL URQUHART & SULLIVAN, LLP
Madison Ave 22nd floor
New York, NY 10010
Telephone: (212) 849-7000
Facsimile: (212) 849-7100
E-mail: alexspiro@quinnemanuel.com
jessebernstein@quinnemanuel.com
jonathanfeder@quinnemanuel.com
michaellifrak@quinnemanuel.com
josephsarles@quinnemanuel.com
alexbergjans@quinnemanuel.com
ENVISION MANAGEMENT: Seeks to File Supplemental Opposition Brief
----------------------------------------------------------------
In the class action lawsuit captioned as ROBERT HARRISON and GRACE
HEATH, on behalf of themselves, the ENVISION MANAGEMENT HOLDING,
INC. ESOP, and all other similarly situated individuals, v.
ENVISION MANAGEMENT HOLDING, INC. BOARD OF DIRECTORS, ENVISION
MANAGEMENT HOLDING, INC. EMPLOYEE STOCK OWNERSHIP PLAN COMMITTEE,
ARGENT TRUST COMPANY, DARREL CREPS, III, PAUL SHERWOOD, JEFF JONES,
NICOLE JONES, AARON RAMSAY, TANWEER KHAN, and LORI SPAHN, Case No.
1:21-cv-00304-CNS-MDB (D. Colo.), the Defendants ask the Court to
enter an order granting them leave to file the supplemental
opposition brief.
Filing this supplemental opposition will not prejudice the
Plaintiffs. As this is an opposition brief, the Plaintiffs will
have the opportunity to respond when they file their reply.
The Selling Shareholders would like to file a supplemental
memorandum in order to respond to particular aspects of Plaintiffs'
motion that cannot be addressed in the separately filed opposition.
In their Motion, the Plaintiffs included factual background and
merits-based arguments specific to the Selling Shareholders,
including, among others, arguments regarding the Selling
Shareholders’ motivations to sell to an ESOP, discussions with
third parties about potential transactions, and service on
Envision's board of directors post- ESOP transaction. The so-called
facts Plaintiffs presented are misleading and inaccurate, but also
are premised on underlying assumptions Plaintiffs have made about
ERISA legal standards and valuation standards that apply to their
claims.
In a Feb. 16, 2024, Joint Status Report, the parties proposed a
briefing schedule on the motion for class certification with a
deadline of June 5, 2024 for "Defendants' opposition."
A copy of the Defendants' motion dated June 7, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=SNBnpL at no extra
charge.[CC]
The Defendants are represented by:
Richard J. Pearl, Esq.
FAEGRE DRINKER BIDDLE & REATH LLP
320 S. Canal Street, Suite 3300
Chicago, IL 60606
Telephone: (312) 569-1907
E-mail: rick.pearl@faegredrinker.com
EXPERIAN INFO: Seeks Leave to File Class Cert Docs Under Seal
-------------------------------------------------------------
In the class action lawsuit captioned as MARIA PENA, Successor in
Interest to JOSE PENA, Individually, and on behalf of all other
similarly situated consumers, v. EXPERIAN INFORMATION SOLUTIONS,
INC., and DOES 1 through 10, inclusive, Case No.
8:22-cv-01115-SSS-ADS (C.D. Cal.), the Defendants ask the Court to
enter an order granting Experian's application for leave to file
under seal in connection with Experian's opposition to Plaintiff's
motion for class certification and granting the Proposed Sealing
Order, filed concurrently herewith.
Under Local Rule 79-5.2.2(a), Experian seeks an order permitting it
to file under seal:
Exhibits 2, 4, and 7 to the Declaration of Kimberly Cave in Support
of Experian's Opposition to Plaintiff's Motion for Class
Certification, as well as portions of the Cave Declaration.
Exhibits 2, 3, 4, and 5 to the Declaration of Ryan D. Ball in
Support of Experian's Opposition to Plaintiff's Motion for Class
Certification.
Portions of the Declaration of Dan Smith in Support of Experian's
Opposition to Plaintiff's Motion for Class Certification.
Portions of Experian's Memorandum of Points and Authorities in
Support of its Opposition to Plaintiff's Motion for Class
Certification that reference these Exhibits, this testimony, or
other confidential information that Experian proposes to file under
seal.
Portions of Experian's Memorandum of Points and Authorities in
Support of its Motion to Exclude or Limit the Opinions or Testimony
of Plaintiff's Expert Evan Hendricks that reference these Exhibits,
this testimony, or other confidential information that Experian
proposes to file under seal.
Experian seeks to file under seal the Documents Proposed to be
Filed Under Seal, all of which contain, cite to, or reference
Experian's sensitive and proprietary information relating to
Experian's confidential business strategies and operations, as well
as confidential financial information relating to Experian's sales
and billing records. Disclosure of these materials could be used by
competitors to cause harm to Experian’s competitive standing,
provide an unfair competitive advantage, or potentially harm
consumers if disclosed to potential criminal or other bad actors.
Experian makes this request based on the sensitive and confidential
nature of this information. Experian met and conferred with
Plaintiff Maria Pena between May 30, 2024, and June 3, 2024. The
Plaintiff indicated that she takes no position on Experian's
application to seal.
Experian operates as an information services company.
A copy of the Defendants' motion dated June 7, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=tebBf5 at no extra
charge.[CC]
The Defendants are represented by:
Erin L. Burke, Esq.
Ryan D. Ball, Esq.
TJ Herron, Esq.
Ashley E. Sarkozi, Esq.
JONES DAY
3161 Michelson Drive, Suite 800
Irvine, CA 92612
Telephone: (949) 851-3939
Facsimile: (949) 553-7539
E-mail: eburke@jonesday.com
rball@jonesday.com
therron@jonesday.com
asarkozi@jonesday.com
FALCK NORTHERN: Court Remands Nettles Case to Alameda County
------------------------------------------------------------
In the class action lawsuit captioned as SIMONE NETTLES, v. FALCK
NORTHERN CALIFORNIA CORP., Case No. 3:24-cv-01640-RS (N.D. Cal.),
the Hon. Judge Richard Seeborg entered an order granting Nettles'
motion to remand the case to Alameda County because Falck has not
met its burden to show Nettles' claims are preempted by section 301
of the Labor Management Relations Act ("LMRA").
In this putative wage and hour class action, the Plaintiff asserts
that the Defendant violated various provisions of California state
law. Nettles originally filed this case in Alameda County Superior
Court. Falck removed to federal court on March 15, 2024, asserting
federal question jurisdiction pursuant to 28 U.S.C. section 1331 on
the grounds that several of Nettles' state law claims are preempted
by the LMRA because they depend on the interpretation of a
collective bargaining agreement ("CBA").
Nettles now moves to remand, arguing Falck's removal was
procedurally improper and that Falck failed to demonstrate any
claims require interpretation of the CBA. For the reasons below,
the motion to remand is granted.
The complaint identifies a proposed class of similarly situated
individuals it defines as:
"All current and former hourly-paid or non-exempt employees who
worked for any of the Defendants within the State of California
at
any time during the period from four years preceding the filing
of
this Complaint to final judgment and who reside in
California."
The Defendant is a provider of emergency medical services to
Alameda County.
A copy of the Court's order dated June 6, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=inOZUw at no extra
charge.[CC]
FIRSTSOURCE SOLUTIONS: Bid to Seal Confidential Info Sought
-----------------------------------------------------------
In the class action lawsuit captioned as LEON MOSIER, individually
and on behalf of all others similarly situated, v. FIRSTSOURCE
SOLUTIONS USA LLC, a Delaware registered company, Case No.
3:23-cv-01343-JJH (N.D. Ohio), the Plaintiff asks the Court to
enter an order granting his request to seal materials designated as
confidential by the Defendant that are exhibits to his motion for
class certification and redacted portions of his motion for class
certification.
The Defendant does not oppose this request.
The Plaintiff uses certain of these documents in support of his
motion for class certification and discusses information distilled
from such confidential documents in the motion.
Firstsource operates as a real estate services.
A copy of the Plaintiff's motion dated June 6, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=I2Gb6t at no extra
charge.[CC]
The Plaintiff is represented by:
Avi R. Kaufman, Esq.
KAUFMAN P.A.
237 South Dixie Highway, 4th Floor
Coral Gables, FL 33133
Telephone: (305) 469-5881
E-mail: kaufman@kaufmanpa.com
- and -
Brian T. Giles, Esq.
GILES & HARPER, LLC
7243 Beechmont Avenue,
Cincinnati, OH 45230
Telephone: (513) 379-2715
E-mail: Brian@gilesharper.com
FIRSTSOURCE SOLUTIONS: Mosier Wins Class Certification Bid
----------------------------------------------------------
In the class action lawsuit captioned as LEON MOSIER, individually
and on behalf of all others similarly situated, v. FIRSTSOURCE
SOLUTIONS USA LLC, a Delaware registered company, Case No.
3:23-cv-01343-JJH (N.D, Ohio), the Plaintiff asks the Court to
enter an order:
-- granting class certification;
-- appointing him as representative of the class;
-- appoint Kaufman P.A. as class counsel; and
-- establishing a deadline for submission of a proposed class
notice
and notice plan.
This case is well-suited for class certification because the
central and determinative issues in this case will all be resolved
based on common, class wide proof, including documents, data, and
testimony from Firstsource and Plaintiff Mosier's telephony and
database expert, and without regard for the experiences of
individual class members. Class certification is therefore
warranted.
The Plaintiff Mosier seeks certification of the following class:
"All persons in the United States who (1) from July 11, 2019
through the date of class certification, (2) Firstsource called
using the LiveVox dialer, (3) resulting in one or more calls
with
a call outcome of (a) "Partial Message Left", (b) "Machine,
Left
Message", (c) "Hung Up in Opening", and/or (d) "Listened" (4)
on
their cellular telephone numbers that (a) had not been ported
in
the 15 days prior to the call and (b) were supplied by Mercy to
Firstsource, and (5) for whom Firstsource has no record from
Mercy
of consent to call."
Firstsource operates as a real estate services.
A copy of the Plaintiff's motion dated June 6, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=CtePgt at no extra
charge.[CC]
The Plaintiff is represented by:
Avi R. Kaufman, Esq.
KAUFMAN P.A.
237 South Dixie Highway, 4th Floor
Coral Gables, FL 33133
Telephone: (305) 469-5881
E-mail: kaufman@kaufmanpa.com
- and -
Brian T. Giles, Esq.
GILES & HARPER, LLC
7243 Beechmont Avenue,
Cincinnati, OH 45230
Telephone: (513) 379-271
E-mail: Brian@gilesharper.com
GENERAL MOTORS: Chapman Seeks Initial OK of Class Settlement
------------------------------------------------------------
In the class action lawsuit captioned as MARK D. CHAPMAN, et al.,
v. GENERAL MOTORS LLC, Case No. 2:19-cv-12333-TGB-DRG (E.D. Mich.),
the Class Plaintiffs ask the Court to enter an order:
1. Granting preliminary approval of the proposed class action
Settlement;
2. Authorizing and directing the Parties to retain JND Legal
Administration as the Settlement Administrator; and
3. Scheduling a date for the Final Approval Hearing not earlier
than 185 days after Preliminary Approval is granted.
The Class Plaintiffs allege that Class Vehicles contain a CP4
high-pressure fuel injection pump. The CP4's highly stressed and
fragile design causes metal shavings to disperse throughout the
vehicle's fuel system from the first fueling. This disintegration
process ultimately leads to catastrophic failure of fuel and engine
systems, including while the vehicle is in motion, causing sudden
loss of engine power.
The Settlement Agreement was reached on behalf of the following
Classes(collectively, the "Settlement Class Members" and the
"Certified States"):
"All persons or entities who purchased one or more of the
Class
Vehicles from a GM-authorized dealership in California from
March 1, 2010 to the date of the Court-ordered settlement
notice."
"All persons or entities who purchased one or more of the
Class
Vehicles from a GM-authorized dealership in Florida from
March
1, 2010, to the date of the Court-ordered settlement
notice."
"All persons or entities who purchased one or more of the
Class
Vehicles from a GM-authorized dealership in Illinois from
March
1, 2010, to the date of the Court-ordered settlement
notice."
"All persons who purchased one or more of the Class Vehicles
from a GM-authorized dealership in Iowa from March 1, 2010,
to
the date of the Court-ordered settlement notice."
"All persons or entities who purchased one or more of the
Class
Vehicles from a GM-authorized dealership in New York from
March
1, 2010, to the date of the Court-ordered settlement
notice."
"All persons or entities who purchased one or more of the
Class
Vehicles from a GM-authorized dealership in Pennsylvania from
March 1, 2010, to the date of the Court-ordered settlement
notice."
"All persons or entities who purchased one or more of the
Class
Vehicles from a GM-authorized dealership in Texas from March
1,
2010, to the date of the Court-ordered settlement notice."
Excluded from the Settlement Class are: GM; any affiliate,
parent, or subsidiary of GM; any entity in which GM has a
controlling interest; any officer, director, or employee of
GM;
any successor or assign of GM; any judge to whom this Action
is
assigned, his or her spouse; individuals and/or entities who
validly and timely optedout of the previously certified
Classes
or who validly and timely opt-out of the Settlement Class;
and
current or former owners of a Class Vehicle that previously
released their claims in an individual settlement with GM
with
respect to the issues raised the Action.
General Motors is an American multinational automotive
manufacturing company.
A copy of the Plaintiffs' motion dated June 7, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=2ERMAj at no extra
charge.[CC]
The Plaintiffs are represented by:
Steve W. Berman, Esq.
Jerrod C. Patterson, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
1301 Second Avenue, Suite 2000
Seattle, WA 98101
Telephone: (206) 623-7292
E-mail: steve@hbsslaw.com
jerrodp@hbsslaw.com
- and -
Robert C. Hilliard, Esq.
Lauren A. Akers, Esq.
Bonnie J. Rickert, Esq.
HILLIARD LAW
719 S. Shoreline Blvd.
Corpus Christi, TX 78401
Telephone: (361) 882-1612
E-mail: bobh@hilliard-law.com
lakers@hilliard-law.com
brickert@hilliard-law.com
- and -
E. Powell Miller, Esq.
Sharon S. Almonrode, Esq.
Dennis A. Lienhardt, Jr.
THE MILLER LAW FIRM PC
950 W. University Drive, Suite 300
Rochester, MI 48307
Telephone: (248) 841-2200
E-mail: epm@millerlawpc.com
ssa@millerlawpc.com
GROUP USA: Gaspa Sues Over Website's Noncompliance With ADA
-----------------------------------------------------------
VERONICA GASPA, on behalf of herself and all others similarly
situated, Plaintiff v. Group USA, Inc., Defendant, Case No.
3:24-cv-06715 (D.N.J., June 5, 2024) arises from Defendant's
failure to maintain and operate its website in a way to make it
fully accessible for herself and for other blind or
visually-impaired people in violation of Plaintiff's rights under
the Americans with Disabilities Act.
The complaint alleges that the Defendant's website contains access
barriers that prevent free and full use by the Plaintiff using
keyboards and screen-reading software.
Group USA, Inc. owns and operates the Camillelavie.com online
retail store, which provides consumers with access to an array of
goods including information about purchasing dresses for various
occasions, footwear and accessories. [BN]
The Plaintiff is represented by:
Uri Horowitz, Esq.
URI HOROWITZ PLLC
14441 70th Road
Flushing, NY 11367
Telephone: (718) 705-8706
Facsimile: (718) 705-8705
E-mail: Uri@Horowitzlawpllc.com
HEIGHTS HEALTHCARE: Ezell and Stoll Sue Over Breaches of WARN Act
-----------------------------------------------------------------
HEATHER EZELL and MICHELE STOLL, on behalf of themselves and all
those similarly situated, Plaintiffs v. HEIGHTS HEALTHCARE OF
TEXAS, LLC d/b/a WHITE ROCK MEDICAL CENTER; NCP MANAGEMENT, LLC;
MIRZA BAIG; TERRY FOKAS; NATIONAL PAYROLL SERVICES, LLC BLUE CROSS
BLUE SHIELD OF TEXAS, Defendants, Case No. 3:24-cv-01373-S (N.D.
Tex., June 5, 2024) seeks all appropriate monetary, equitable, and
injunctive relief available to Plaintiffs under Worker Adjustment
and Retraining Notification Act, the Employee Retirement Income
Security Act, and the Consolidated Omnibus Budget Reconciliation
Act.
Allegedly, White Rock Medical Center failed to give 60 days
advanced notice of the layoff to Plaintiffs and its other impacted
employees. From March 1, 2024 through April 29, 2024, White Rock
Medical Center continued to charge Plaintiffs Ezell, Stoll and the
156 other laid off employees their employee share of health
insurance premiums, and to deduct those charges from the employees'
paychecks. White Rock Medical Center did not, however, remit those
insurance premiums to its insurance carrier Blue Cross Blue Shield
of Texas. Moreover, the Plaintiffs and the other laid off employees
are being denied their right to COBRA continued health insurance
coverage, says the suit.
Heights Healthcare of Texas, LLC (d/b/a White Rock Medical Center)
is a domestic limited liability company that owns and operates the
White Rock Medical Center hospital facility in Dallas, TX. [BN]
The Plaintiffs are represented by:
Christine A. Hopkins, Esq.
Ashley E. Tremain, Esq.
TREMAIN ARTAZA PLLC
4925 Greenville Ave, #200
Dallas, TX 75206
Telephone: (469) 573-0229
Facsimile: (214) 254-4941
E-mail: christine@tremainartaza.com
ashley@tremainartaza.com
HISAMITSU AMERICA: Filing for Class Cert Bid Modified to August 21
------------------------------------------------------------------
In the class action lawsuit captioned as CHERI HRAPOFF, JODY
HESSEL, and MARCI LUCCHESI individually, and on behalf of all those
similarly situated, v. HISAMITSU AMERICA, INC., Case No.
4:21-cv-01943-JST (N.D. Cal.), the Parties ask the Court to enter
an order modifying class certification deadline schedule.
Event Current Proposed
Deadline Deadline
Class certification motion due: June 21, 2024 Aug. 21,
2024
Plaintiffs' class certification June 21, 2024 Aug. 21,
2024
expert disclosures due:
Class certification opposition due: Aug. 23, 2024 Oct. 23,
2024
Defendant's class certification Aug. 23, 2024 Oct. 23,
2024
expert disclosures due:
Defendant's class certification Aug. 23, 2024 Oct. 23,
2024
Daubert motions due:
Class certification reply due: Sept. 20, 2024 Nov. 20,
2024
Plaintiffs' class certification Sept. 20, 2024 Nov. 20,
2024
Daubert motions and oppositions
to Defendants Daubert motions
due:
Defendant's oppositions to Oct. 21, 2024 Dec. 20,
2024
Plaintiffs' Daubert motions due:
Plaintiffs' class certification Nov. 21, 2024 Jan. 20,
2025
Daubert Replies due:
Hisamitsu manufactures pharmaceutical products.
A copy of the Parties' motion dated June 6, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=1uckbP at no extra
charge.[CC]
The Plaintiffs are represented by:
Trenton R. Kashima, Esq.
MILBERG COLEMAN BRYSON
PHILLIPS GROSSMAN PLLC
402 West Broadway, Suite 1760
San Diego, CA 92101
Telephone: (619) 810-7047
E-mail: tkashima@milberg.com
The Defendant is represented by:
Jason J. Kim, Esq.
HUNTON ANDREWS KURTH LLP
550 South Hope Street, Suite 2000
Los Angeles, CA 90071-2627
Telephone: (212) 532-2000
Facsimile: (212) 532-2020
E-mail: kimj@HuntonAK.com
HUBSPOT INC: Smith Seeks to Null Bylaws' Irrevocable Resignation
----------------------------------------------------------------
DANIEL SMITH, on behalf of himself and all other similarly situated
stockholders of HUBSPOT, INC., Plaintiff v. HUBSPOT, INC.,
Defendant, Case No. 2024-0613 (Del. Ch., June 5, 2024) is a class
action against the Defendant for declaratory judgment.
The Plaintiff seeks declaratory relief invalidating the Irrevocable
Resignation Requirement of HubSpot's Amended and Restated Bylaws,
effective May 1, 2024. The Irrevocable Resignation Requirement
allows the company's board of directors to usurp stockholders'
exclusive right to select the members of the board. Absent the
relief requested herein, the Irrevocable Resignation Requirement
will continue to interfere with stockholders' statutory and
equitable rights to choose the company's directors. Adjudication of
this matter is thus essential to protect the stockholder franchise,
says the suit.
HubSpot, Inc. is a software company, with its principal executive
offices in Massachusetts. [BN]
The Plaintiff is represented by:
Kimberly A. Evans, Esq.
Irene R. Lax, Esq.
Robert Erikson, Esq.
BLOCK & LEVITON LLP
3801 Kennett Pike, Suite C-305
Wilmington, DE 19807
Telephone: (302) 499-3600
Email: 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
HUGO BOSS: Court Extends Time to File Class Cert Bid
----------------------------------------------------
In the class action lawsuit captioned as LAWRENCE WRIGHT, on behalf
of himself and all others similarly situated, v. HUGO BOSS
FASHIONS, INC., Case No. 3:24-cv-00544-KM (M.D. Pa.), the Hon.
Judge Karoline Mehalchick entered an order granting the unopposed
motion of plaintiff for enlargement of time to file motion for
class certification.
The Plaintiff shall file his motion for class certification on a
date to be determined by the Court and set forth in any forthcoming
Case Management Order issued by the Court.
Hugo provides online clothing.
A copy of the Court's order dated June 6, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=HGNTQt at no extra
charge.[CC]
HYATT HOTELS: Charges Fees to Service Dogs, McNaughton Suit Claims
------------------------------------------------------------------
CHRISTOPHER MCNAUGHTON, on behalf of himself and all others
similarly situated, Plaintiff v. HYATT HOTELS CORPORATION and
SELECT HOTELS GROUP, LLC, Defendants, Case No. 2:24-cv-00814 (W.D.
Pa., June 5, 2024) is a class action against the Defendants for
violation of Title III of the Americans With Disabilities Act (ADA)
and for unjust enrichment.
According to the complaint, the Defendants have engaged and
continue to engage in the unlawful, discriminatory policy of
charging pet fees to customers who have service dogs. The
Defendants policy violates the ADA since hotels qualify as places
of public accommodation under the ADA, and are required to permit
service animals without fees, regardless of whether that location
would otherwise permit pets. Moreover, the presence of these
illegal fees can, and does, serve as a deterrent to persons with
disabilities from freely accessing the Defendants' places of public
accommodation, says the suit.
Hyatt Hotels Corporation is a hotel operator, with headquarters in
Chicago, Illinois.
Select Hotels Group is a hotel operator headquartered in Chicago,
Illinois. [BN]
The Plaintiff is represented by:
Edwin J. Kilpela, Jr., Esq.
Paige T. Noah, Esq.
WADE KILPELA SLADE LLP
6425 Living Pl., Suite 200
Pittsburgh, PA 15206
Telephone: (412) 314-0515
Email: ek@waykayslay.com
pnoah@waykayslay.com
INTUITIVE SURGICAL: Larkin Seeks to Seal Class Status Bid
---------------------------------------------------------
In the class action lawsuit captioned as LARKIN COMMUNITY HOSPITAL
v. Intuitive Surgical Inc. (RE: DA VINCI SURGICAL ROBOT ANTITRUST
LITIGATION), Case No. 3:21-cv-03825-AMO (N.D. Cal.), the Plaintiffs
ask the Court to enter an order granting the Plaintiffs' interim
sealing motion with respect to the Plaintiffs' motion for class
certification.
Consistent with the parties' practice to date in this case, and the
joint stipulation filed by the parties on June 3, 2024, the
Plaintiffs are provisionally filing the below-listed documents in
redacted or slip-sheet form in conjunction with their Motion for
Class Certification.
The Plaintiffs and the Defendant will meet and confer regarding
these documents and will file an omnibus sealing motion (a)
attaching declarations supporting any requests to seal; and (b)
attaching a proposed order with a chart listing all documents
requested to seal, within 14 days after the conclusion of the
parties' briefing on Plaintiffs' Motion for Class Certification. As
with prior filings of this nature, the parties will conform the
chart included in the omnibus sealing motion to the Court's
Standing Order and prior sealing orders.
The Plaintiffs recognize that the Court has yet to enter the joint
stipulation. Should the Court prefer that the parties enter
separate administrative motions for each filing, Plaintiffs will,
of
course, do so.
Attachment Document Full or Partial
Designating
Sealing Party
1 Plaintiffs' Motion for Partial Intuitive
Class Certification
2 Ex. 1 to the Declaration Full Various
of Manuel J. Dominguez
(Elhauge Class Report)
3 Ex. 2 to the Declaration Partial Intuitive
of Manuel J. Dominguez
(Vavoso (Rebotix) Dep.)
Intuitive develops, manufactures, and markets robotic products
designed to improve clinical outcomes of patients through minimally
invasive surgery.
A copy of the Plaintiff's motion dated June 6, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=lviZHX at no extra
charge.[CC]
The Plaintiffs are represented by:
Jeffrey J. Corrigan, Esq.
Jeffrey L. Spector, Esq.
Icee N. Etheridge, Esq.
SPECTOR ROSEMAN & KODROFF, P.C.
2001 Market Street, Suite 3420
Philadelphia, PA 19103
Telephone: (215) 496-0300
Facsimile: (215) 496-6611
E-mail: jcorrigan@srkattorneys.com
jspector@srkattorneys.com
ietheridge@srkattorneys.com
- and -
Manuel J. Dominguez, Esq.
Benjamin D. Brown, Esq.
Daniel McCuaig, Esq.
Zachary R. Glubiak, Esq.
Christopher J. Bateman, Esq.
COHEN MILSTEIN SELLERS &
TOLL PLLC
11780 U.S. Highway One, Suite N500
Palm Beach Gardens, FL 33408
Telephone: (561) 515-2604
Facsimile: (561) 515-1401
E-mail: jdominguez@cohenmilstein.com
bbrown@cohenmilstein.com
dmccuaig@cohenmilstein.com
zglubiak@cohenmilstein.com
cbateman@cohenmilstein.com
- and -
Gary I. Smith, Jr., Esq.
Samuel Maida, Esq.
Jeannine M. Kenney, Esq.
Reena A. Gambhir, Esq.
HAUSFELD LLP
600 Montgomery Street, Suite
3200 San Francisco, CA 94111
Telephone: (415) 633-1908
Facsimile: (415) 358-4980
E-mail: gsmith@hausfeld.com
smaida@hausfeld.com
jkenney@hausfeld.com
rgambhir@hausfeld.com
- and -
Michael J. Boni, Esq.
Joshua D. Snyder, Esq.
John E. Sindoni, Esq.
BONI, ZACK & SNYDER LLC
15 St. Asaphs Road
Bala Cynwyd, PA 19004
Telephone: (610) 822-0200
Facsimile: (610) 822-0206
E-mail: mboni@bonizack.com
jsnyder@bonizack.com
jsindoni@bonizack.com
INTUITIVE SURGICAL: Larkin Suit Seeks to Certify Rule 23 Class
--------------------------------------------------------------
In the class action lawsuit captioned as LARKIN COMMUNITY HOSPITAL
v. Intuitive Surgical Inc. (RE: DA VINCI SURGICAL ROBOT ANTITRUST
LITIGATION), Case No. 3:21-cv-03825-AMO (N.D. Cal.), the Plaintiffs
will move the Court on Oct. 10, 2024, pursuant to Federal Rule of
Civil Procedure 23, for an order certifying this action as a class
action with a proposed class defined as:
"All entities that purchased da Vinci service and EndoWrists
from
Intuitive in the United States at any time from May 21, 2017,
to
Dec. 31, 2021."
The Plaintiffs also will move the Court to appoint them as Class
Representatives, and appoint Cohen Milstein Sellers & Toll PLLC,
Hausfeld LLP, and Spector Roseman & Kodroff, P.C. as Co-Lead Class
Counsel.
The Plaintiffs contend that the Court should certify the Class
because Plaintiffs satisfy the requirements of Rule 23(a)
(numerosity, commonality, typicality, and adequacy), as well as the
requirements of Rule 23(b)(3) (predominance and superiority) and
Rule 23(b)(2) (indivisibility)
A copy of the Plaintiffs' motion dated June 6, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=bccfdU at no extra
charge.[CC]
The Plaintiffs are represented by:
Jeffrey J. Corrigan, Esq.
Jeffrey L. Spector, Esq.
Icee N. Etheridge, Esq.
SPECTOR ROSEMAN & KODROFF, P.C.
2001 Market Street, Suite 3420
Philadelphia, PA 19103
Telephone: (215) 496-0300
Facsimile: (215) 496-6611
E-mail: jcorrigan@srkattorneys.com
jspector@srkattorneys.com
ietheridge@srkattorneys.com
- and -
Manuel J. Dominguez, Esq.
Benjamin D. Brown, Esq.
Daniel McCuaig, Esq.
Zachary R. Glubiak, Esq.
Christopher J. Bateman, Esq.
COHEN MILSTEIN SELLERS &
TOLL PLLC
11780 U.S. Highway One, Suite N500
Palm Beach Gardens, FL 33408
Telephone: (561) 515-2604
Facsimile: (561) 515-1401
E-mail: jdominguez@cohenmilstein.com
bbrown@cohenmilstein.com
dmccuaig@cohenmilstein.com
zglubiak@cohenmilstein.com
cbateman@cohenmilstein.com
- and -
Gary I. Smith, Jr., Esq.
Samuel Maida, Esq.
Jeannine M. Kenney, Esq.
Reena A. Gambhir, Esq.
HAUSFELD LLP
600 Montgomery Street, Suite
3200 San Francisco, CA 94111
Telephone: (415) 633-1908
Facsimile: (415) 358-4980
E-mail: gsmith@hausfeld.com
smaida@hausfeld.com
jkenney@hausfeld.com
rgambhir@hausfeld.com
- and -
Michael J. Boni, Esq.
Joshua D. Snyder, Esq.
John E. Sindoni, Esq.
BONI, ZACK & SNYDER LLC
15 St. Asaphs Road
Bala Cynwyd, PA 19004
Telephone: (610) 822-0200
Facsimile: (610) 822-0206
E-mail: mboni@bonizack.com
jsnyder@bonizack.com
jsindoni@bonizack.com
KIRKLAND'S INC: Faces Sicard Labor Suit in S.D.N.Y.
---------------------------------------------------
Kirkland's, Inc. disclosed in its Form 10-Q report for the
quarterly period ended May 4, 2024, filed with the Securities and
Exchange Commission on June 4, 2024, that the company is currently
facing a putative class action filed in August 2022 in the United
States District Court for the Southern District of New York
captioned "Sicard v. Kirkland's Stores, Inc."
The complaint alleges, on behalf of Sicard and all other hourly
store employees based in New York, that Kirkland's violated New
York Labor Law Section 191 by failing to pay him and the putative
class members their wages within seven calendar days after the end
of the week in which those wages were earned, rather paying wages
on a bi-weekly basis. Plaintiff claims the putative class is
entitled to recover from the company the amount of their untimely
paid wages as liquidated damages, reasonable attorneys' fees and
costs.
Kirkland's, Inc. is a specialty retailer of home décor and
furnishings in the United States operating 329 stores in 35 states
as of May 4, 2024, as well as an e-commerce website,
www.kirklands.com, under the Kirkland's Home brand.
LA SALLE UNIVERSITY: Filing for Class Cert Bid Due Nov. 15
----------------------------------------------------------
In the class action lawsuit captioned as ASIAH LEONARD v. LA SALLE
UNIVERSITY, Case No. 2:24-cv-00062-JS (E.D. Pa.), the Hon. Judge
Juan Sanchez entered an order as follows:
-- Class certification discovery deadline is Nov. 1, 2024;
-- Plaintiff's class certification expert report and Motion for
Class
Certification are due Nov. 15, 2024;
-- Defendant's class certification expert report and Response to
Motion for Class Certification are due December 13, 2024;
-- Any Motion for Class Certification reply is due January 3,
2025;
-- The Court shall hear oral argument on the Motion for Class
Certification on January 13, 2025, at 10:00 a.m. in Courtroom
14B;
-- Facts discovery deadline is March 14, 2025;
-- Plaintiff's expert report is due April 14, 2025;
-- Defendant's expert report is due April 28, 2025;
-- Dispositive motions are due May 16, 2025;
-- Responses to dispositive motions are due May 30, 2025;
The Defendant is a private, Catholic university.
A copy of the Court's order dated June 6, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=qI9RqR at no extra
charge.[CC]
LINCARE INC: Morris Seeks Hearing on Bid to Certify Class
---------------------------------------------------------
In the class action lawsuit captioned as JANET MORRIS, individually
and on behalf of all others similarly situated, v. LINCARE, INC.,
Case No. 8:22-cv-02048-CEH-AAS (M.D. Fla.), the Plaintiff asks the
Court to enter an order setting a two-hour hearing on her motion
for class certification.
Oral argument would assist the Court in analyzing the significant
issues raised in the Motion and the Defendant's anticipated
arguments in opposition. Counsel for Plaintiff conferred with
counsel for the Defendant to confirm two hours would be sufficient
and does not oppose this request provided that each party is
allotted one hour to argue.
The Defendant is a medical supply company that sells continuous
positive airway pressure ("CPAP") equipment and supplies.
A copy of the Plaintiff's motion dated June 6, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=aS84Fa at no extra
charge.[CC]
The Plaintiff is represented by:
Manuel S. Hiraldo, Esq.
HIRALDO P.A.
401 E. Las Olas Boulevard, Suite 1400
Ft. Lauderdale, FL 33301
E-mail: mhiraldo@hiraldolaw.com
Telephone: (954) 400-4713
LINCARE INC: Morris TCPA Suit Seeks to Certify Class
----------------------------------------------------
In the class action lawsuit captioned as JANET MORRIS, individually
and on behalf of all others similarly situated, v. LINCARE, INC.,
Case No. 8:22-cv-02048-CEH-AAS (M.D. Fla.), the Plaintiff asks the
Court to enter an order, under Fed. R. Civ. P. 23(a) and 23(b)(3):
(1) certifying a class under the Telephone Consumer Protection
Act
("TCPA") and a class under the Florida Telephone
Solicitations
Act ("FTSA");
(2) appointing the Plaintiff as Class Representative; and
(3) appointing the Plaintiff's counsel as Class Counsel.
The Plaintiff moves to certify the following two classes of
individuals who were harassed by Defendant's robocalls:
TCPA Class:
"All persons within the United States whose cellular
telephone
number was provided to Defendant by American HomePatient,
Inc.,
and who, within the four years prior to the filing of this
lawsuit, received one or more prerecorded voice calls, on
their
cellular telephone, requesting a return call to the
Defendant."
FTSA Class:
"All persons with a Florida area code telephone number,
whose
cellular telephone number was provided to the Defendant by
American HomePatient, Inc., and who, since July 1, 2021
through
the filing of this lawsuit, received one or more prerecorded
calls, on their cellular telephone, requesting a return call
to
the Defendant."
The Plaintiff was a customer of American HomePatient between April
2015 and October 2016.
The Defendant is a medical supply company that sells continuous
positive airway pressure ("CPAP") equipment and supplies.
A copy of the Plaintiff's motion dated June 6, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=y5HIW5 at no extra
charge.[CC]
The Plaintiff is represented by:
Rachel Dapeer, Esq.
DAPEER LAW P.A.
20900 NE 30th Ave., Suite 417
Aventura, FL 33180
Telephone: (305) 610-5223
E-mail: rachel@dapeer.com
- and -
Manuel S. Hiraldo, Esq.
HIRALDO P.A.
401 E. Las Olas Boulevard, Suite 1400
Ft. Lauderdale, FL 33301
E-mail: mhiraldo@hiraldolaw.com
Telephone: (954) 400-4713
MERIDIAN SERVICES: Court Conditionally Certifies Class in Stirling
------------------------------------------------------------------
In the class action lawsuit captioned as RICHARD STIRLING,
individually and on behalf of others similarly situated, v.
MERIDIAN SERVICES GROUP, LLC f/k/a WORK MANAGEMENT, INC., Case No.
3:23-cv-00040-CDL (M.D. Ga.), the Hon. Judge Clay Land entered an
order:
-- granting Stirling's conditional certification motion;
-- granting Meridian's Rule 16(c) motion to the extent that
employees
who have signed enforceable arbitration agreements shall not be
included in the class and thus shall not receive the class
notice;
if a dispute exists as to whether an employee entered into such
an
arbitration agreement, the Court will decide the issue on a
case-by-case basis;
-- denying Meridian's cease and desist motion and Stirling's
motion
to compel; and
-- granting conditional certification of a collective action as to
the following class of potential plaintiffs:
"All current and former employees of Meridian Services Group,
LLC
f/k/a Work Management, Inc. who were paid the same hourly rate
for
all hours worked (or "straight time for overtime") at any time
during the past 3 years and who have not signed a valid
agreement
to arbitrate their FLSA claims."
The parties will have 21 days from the entry of this order to
submit a list of potential plaintiffs who are undisputedly entitled
to notice, as well as a joint proposed notice and consent form and
a joint proposal as to how the potential opt in plaintiffs should
receive notice. If there are any employees who Meridian contends
are covered by an arbitration agreement but who Stirling contends
are not so covered, then Meridian and Stirling shall meet and
confer to resolve any such disputes within that same 21-day period.
If any dispute as to a specifically identifiable employee is not
resolved at this conference, then Meridian may file a motion to
exclude those specifically identified current or former employees
who Meridian contends have signed a valid arbitration agreement,
but who Stirling contends are not covered by an arbitration
agreement and therefore are entitled to notice. The Court will
resolve any disputes as to whether a potential plaintiff is covered
by an arbitration agreement after the parties have had an
opportunity to conduct limited discovery on that subject matter. IT
IS SO ORDERED, this 6th day of June, 2024.
Richard Stirling filed this action to recover unpaid overtime wages
under the Fair Labor Standards Act (“FLSA”)
Meridian is a project management consulting, estimating, and
engineering services company.
A copy of the Court's order dated June 6, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=1U5rgw at no extra
charge.[CC]
NATIONAL DEBT: All Fact Discovery Must be Completed by Oct. 25
--------------------------------------------------------------
In the class action lawsuit captioned as Gilda Vincent, v. National
Debt Relief LLC, Case No. 1:24-cv-00440-LJL (S.D.N.Y.), the Hon.
Judge Lewis Liman entered a case management plan and scheduling
order as follows:
-- Any motion to amend or to join additional June 28,
2024
parties shall be filed no later than:
-- Initial disclosures pursuant to Rule 26(a)(1) June 12,
2024
of the Federal Rules of Civil Procedure shall
be completed no later than:
-- All fact discovery is to be completed no Oct. 25,
2024
later than:
-- Initial requests for production of July 8, 2024
documents shall be served by:
-- Depositions shall be completed by: Sept. 23,
2024
-- All discovery shall be completed no Dec. 20,
2024
later than:
-- Any motion for summary judgment must Feb. 20,
2025
be filed no later than:
National is a BBB accredited debt negotiation company.
A copy of the Court's order dated June 6, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=YXZ9pD at no extra
charge.[CC]
PAPA JOHN'S: Hoffman Wins Class Certification Bid
-------------------------------------------------
In the class action lawsuit captioned as Ashleigh Hoffman,
individually and on behalf of those similarly situated, v. Deja Vu
Pizza LLC d/b/a Papa John's; Magic Pizza, LLC d/b/a Papa John's
Pizza; Pizza Oil, LLC d/b/a Papa John's Pizza; Queen City Pizza,
LLC d/b/a Papa John's Pizza; Sun Pizza, LLC d/b/a Papa John's
Pizza; Harold Rose; Admir Mujakovic; Tristen Grosche; Doe
Corporations 1-10, and John Doe 1-10, et al., Case No.
1:22-cv-00006-DMT-CRH (D.N.D.), the Hon. Judge Daniel Traynor
entered an order granting the Plaintiff's motion to certify class
as follows:
1. There will be the creation of subclasses in this case defined
as
follows:
a. One subclass will be created for the Wisconsin wage and
hour
claims with a twoyear statute of limitations. This will be
the Wisconsin wage and hour class.
b. The other subclass will be created for the Wisconsin
unjust
enrichment claims with a six-year statute of limitations.
This will be the Wisconsin unjust enrichment class.
2. The Defendants are ordered to provide the Plaintiff's counsel
with contact information for the collective no later than 14
days from the date of this Order.
a. The contact information should include each employee's
full
name; last known addresses with city, state, and zip code;
last known e-mail addresses (non-company address if
applicable); beginning dates of employment; and ending
dates
of employment (if applicable);
3. The Plaintiff and Counsel are appointed as the classes'
representatives;
4. The Plaintiff's proposed forms of notice are approved with
the
following changes;
a. The change indicated in section V of this Order.
b. Each notice will identify the correct timeline for the
claims.
The case is an alleged wage and hour lawsuit filed on behalf of
pizza delivery drivers who are or were employed at Papa John’s
Pizza franchise stores owned by the Defendants Deja Vu Pizza, LLC
and Harold Rose.
The Plaintiff Ashleigh Hoffman has worked as a pizza delivery
driver and manager at a Papa John's located in Wisconsin from 2012
through September 2020.
Papa John's is a pizza delivery restaurant chain in the United
States.
A copy of the Court's order dated June 6, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=l9EPuO at no extra
charge.[CC]
PERCHERON PROFESSIONAL: Fails to Pay Agents' OT Wages Under FLSA
----------------------------------------------------------------
JAMES MURPHY, individually and for others similarly situated v.
PERCHERON PROFESSIONAL SERVICES LLC, Case No. 4:24-cv-02122 (S.D.
Tex., June 5, 2024) seeks to recover unpaid overtime wages and
other damages from the Defendant, pursuant to the Fair Labor
Standards Act.
The lawsuit alleges that Percheron pays Mr. Murphy and the other
Day Rate Workers under its uniform, illegal "fixed daily rate" and
"per diem" pay scheme regardless of any individualized factors.
Percheron also never paid Mr. Murphy and the Day Rate Workers on a
"salary basis" as required for any relevant overtime exemption.
Furthermore, Percheron's compensation to Mr. Murphy and the other
Day Rate Workers is reduced, based on the quality or quantity
worked each week, the suit adds.
Throughout his employment, Mr. Murphy worked at least 6 and
sometimes 7 days a workweek for 10 to 12 hours a workday (or 60 to
84 hours a week). Despite knowing Mr. Murphy regularly worked
overtime, Percheron did not pay him overtime wages. Instead,
Percheron paid Mr. Murphy under its illegal "fixed daily rate" and
"per diem" pay scheme, the Plaintiff says.
Mr. Murphy worked for Percheron as a Right of Way Agent from June
2022 until October 2022.
Percheron is professional services firm, specializing in
acquisition and title research.[BN]
The Plaintiff is represented by:
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
JOSEPHSON DUNLAP LLP
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Telephone: (713) 352-1100
Facsimile: (713) 352-3300
E-mail: mjosephson@mybackwages.com
adunlap@mybackwages.com
- and -
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH PLLC
11 Greenway Plaza, Suite 3025
Houston, TX 77046
Telephone: (713) 877-8788
Facsimile: (713) 877-8065
E-mail: rburch@brucknerburch.com
PFIZER INC: Direct Purchaser Plaintiffs' Class Cert. Bid Tossed
---------------------------------------------------------------
In the class action lawsuit captioned as BURLINGTON DRUG CO., INC.
et al v. PFIZER INC. et al. (RE LIPITOR ANTITRUST LITIGATION), Case
No. 3:12-cv-02389-PGS-JBD (D.N.J.), the Hon. Judge Peter Sheridan
entered an order denying the direct purchaser Plaintiffs' motion
for class certification.
Pfizer is an American multinational pharmaceutical and
biotechnology corporation.
A copy of the Court's order dated June 6, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=c5J7jT at no extra
charge.[CC]
PFIZER INC: End-Payor Purchasers' Bid for Class Cert Tossed
-----------------------------------------------------------
In the class action lawsuit captioned as BURLINGTON DRUG CO., INC.
et al v. PFIZER INC. et al. (RE LIPITOR ANTITRUST LITIGATION), Case
No. 3:12-cv-02389-PGS-JBD (D.N.J.), the Hon. Judge Peter Sheridan
entered an order that, pursuant to the arguments made at oral
argument on March 12, 2024, the Plaintiffs End-Payor Purchasers'
Motion to Supplement is granted.
The Court also entered an order denying the Plaintiffs End-Payor
Purchasers motion for class certification.
Pfizer is an American multinational pharmaceutical and
biotechnology corporation.
Pfizer is an American multinational pharmaceutical and
biotechnology corporation.
A copy of the Court's order dated June 6, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=NSsHvb at no extra
charge.[CC]
PPGD INC: Guerrero Sues Over Labor Law Violations
-------------------------------------------------
MARITZA GUERRERO, Plaintiff, v. PPGD INC. (DBA PELHAM PLAZA
LAUNDROMAT) and GENNE DEFEO, individually, Defendants, Case No.
1:24-cv-04292 (S.D.N.Y., June 5, 2024), is a class action accusing
the Defendants of violating the Fair Labor Standards Act, the New
York Labor Law, as recently amended by the Wage Theft Prevention
Act, as well as those related provisions in Title 12 of the New
York Codes, Rules, and Regulations.
Allegedly, the Defendants knowingly and willfully only compensated
Plaintiff at a rate of $6.94, $9.38 and $9.87 per hour and failed
to pay Plaintiff her lawful overtime pay for that period from
December 2001 until April 7, 2024. During this period, the
Plaintiff worked well in excess of 40 hours per workweek, as
determined by the work schedule set by Defendant Genne Defeo. In
addition, the Defendants failed to provide the plaintiff with a
lunch break and did not allow her to record her hours worked, says
the suit.
PPGD Inc. provides laundry service in Pelham, NY. [BN]
The Plaintiff is represented by:
Lina Stillman, Esq.
STILLMAN LEGAL, P.C.
42 Broadway, 12th Floor
New York, NY 10004
Telephone: (212) 203-2417
Website: www.StillmanLegalPC.com
ROSE DELI: Fails to Pay Proper Wages, Anjus Suit Alleges
--------------------------------------------------------
HENRY ANJUS, individually and on behalf of all others similarly
situated, Plaintiff v. ROSE DELI & NEWSPAPER INC.; and ROSEMARY
ASHA COSTA, Defendants, Case No. 1:24-cv-04288 (S.D.N.Y., June 5,
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 Anjus was employed by the Defendants as a deli clerk.
ROSE DELI & NEWSPAPER INC. is based in Rockland county in New York.
The company operates in the retail industry, specifically in news
dealers and newsstands. [BN]
The Plaintiff is represented by:
Lina Stillman, Esq.
STILLMAN LEGAL, P.C.
42 Broadway, 12th Floor
New York, NY 10004
Telephone: (212) 203-2417
Email: www.StillmanLegalPC.com
SECURLY INC: Collects Students' Data Without Consent, Hunter Says
-----------------------------------------------------------------
NICOLE HUNTER, on behalf of her minor child S.M., individually and
on behalf of all others similarly situated, Plaintiff v. SECURLY,
INC., Defendant, Case No. 0:24-cv-02159 (D. Minn., June 5, 2024) is
a class action against the Defendant for violations of the
Minnesota Government Data Practices Act, the Electronic
Communications Privacy Act, the Computer Fraud And Abuse Act, and
the Wiretap Act.
According to the complaint, the Defendant, through the Securly
Platform background software, knowingly and willfully surveilled
student activity on students' school-issued devices and collected
educational data and students' geolocation data without proper
consent. With the data gathered by the software, the Defendant
attempts to, and does, coax parents to open accounts to access
Securly products storing their own children's data. Accordingly,
the Defendant's actions violated the privacy rights of students and
are likely to continue to injure students in the form of repeated
and continuous violations of those students' privacy rights, says
the suit.
Securly, Inc. is a software company, with its principal place of
business in Charlotte, North Carolina. [BN]
The Plaintiff is represented by:
Peter F. Barry, Esq.
THE BARRY LAW OFFICE, LTD
1422 Asbury Street
St. Paul, MN 55108
Telephone: (612) 379-8800
Email: pbarry@lawpoint.com
SELECT REHABILITATION: Plaintiffs Seek to Vacate Scheduling Order
-----------------------------------------------------------------
In the class action lawsuit captioned as CHRISTINE MCLAUGHLIN,
CRYSTAL VANDERVEEN, JUSTIN LEMBKE, SCOTT HARDT, Individually and on
behalf of all others similarly situated, v. SELECT REHABILITATION
LLC, Case No. 3:22-cv-00059-HES-MCR (M.D. Fla.), the Plaintiffs ask
the Court to enter an order to continue the trial and vacate the
current scheduling order.
Alternatively, the parties request leave of Court to submit an
Amended Case Management Report and proposed schedule
collaboratively with the Defendants, and to as well continue the
trial.
As the Court has issued a video status conference for June 26,
2024, the parties request that the Court conduct the Rule 16
conference be scheduled to as well occur during that time, if not
shortly thereafter.
This is an off the clock, overtime wage case under the FLSA and
involves state law claims under Illinois state law. The parties are
in dispute over basic discovery issues related to information and
ESI related to Plaintiffs' daily work activities. The Court granted
conditional certification of the FLSA collective action on March 3,
2023. The Notice period ended on July 21, 2023. Thus, until all the
Plaintiffs were known to the parties, the scope of discovery and
the time needed to complete this was unknown.
On May 3, 2024, this Court issued an order continuing the stay in
this case and that if an impasse is reached at mediation, the case
will reopen on May 31, 2024. Further, the discovery deadline would
be June 7, 2024, and the deadline to move for class certification
would be June 14, 2024.
Select offers outpatient care and rehabilitation programs to
patients.
A copy of the Plaintiffs' motion dated June 6, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=7ZzjEu at no extra
charge.[CC]
The Plaintiffs are represented by:
Mitchell L. Feldman, Esq.
FELDMAN LEGAL GROUP
12610 Race Track Road, Suite 225
Tampa, FL 33626
Telephone: (813) 639-9366
Facsimile: (813) 639-9376
E-mail: mfeldman@flandgatrialattorneys.com
- and -
Benjamin Lee Williams, Esq.
WILLIAMS LAW P.A.
123 18th Avenue N. Unit A
Jacksonville, FL 23350
Telephone: (904) 580-6060
E-mail: bwilliams@williamslawjax.com
SHIFTMED LLC: Lohr Suit Seeks Unpaid Overtime Wages for Nurses
--------------------------------------------------------------
KIMBERLY LOHR, individually and on behalf of all others similarly
situated, Plaintiff v. SHIFTMED, LLC, Defendant, Case No.
1:24-cv-00961 (E.D. Va., June 5, 2024) is a class action against
the Defendant for failure to pay overtime wages in violation of the
Fair Labor Standards Act.
The Plaintiff has started to work for the Defendant as a nurse
since June 1, 2023.
ShiftMed, LLC is a company that operates a workforce management
platform for healthcare professionals based in Virginia. [BN]
The Plaintiff is represented by:
Craig J. Curwood, Esq.
Zev H. Antell, Esq.
Samantha R. Galina, Esq.
BUTLER CURWOOD PLC
140 Virginia Street, Suite 302
Richmond, VA 23219
Telephone: (804) 648-4848
Facsimile: (804) 237-0413
Email: craig@butlercurwood.com
zev@butlercurwood.com
samantha@butlercurwood.com
- and -
Ricardo J. Prieto, Esq.
Melinda Arbuckle, Esq.
Wage and Hour Firm
5050 Quorum Drive, Suite 700
Dallas, TX 75254
Telephone: (214) 489-7653
Facsimile: (469) 319-0317
Email: rprieto@wageandhourfirm.com
marbuckle@wageandhourfirm.com
SNYDER'S-LANCE: Messinger Files Suit in Pa. Ct. of Common Pleas
---------------------------------------------------------------
A class action lawsuit has been filed against Snyder's-Lance, Inc.
The case is styled as David Messinger, on behalf of himself and all
those similarly situated v. Snyder's-Lance, Inc., Case No.
240600596 (Pa. Ct. of Common Pleas, June 5, 2024).
Snyder's-Lance, Inc. -- https://www.lance.com/ -- is the second
largest salty snack maker in the United States.[BN]
The Plaintiff is represented by:
Justin L. Swidler, Esq.
SWARTZ SWIDLER, LLC
9 Tanner St. Ste. 101
Haddonfield, NJ 08033
SPORT SQUAD: Matus Sues Over Sale of Unapproved Pickleball Paddles
------------------------------------------------------------------
GREG MATUS, on behalf of himself and all others similarly situated,
Plaintiff v. SPORT SQUAD, INC. d/b/a JOOLA, Defendant, Case No.
0:24-cv-60954 (S.D. Fla., June 5, 2024) is a class action against
the Defendant for fraud, unjust enrichment, breach of express
warranty, breach of implied warranty, negligence, and violation of
Florida Deceptive and Unfair Trade Practices Act.
The case arises from the Defendant's false, deceptive, and
misleading representation of pickleball paddles. The Defendant
developed, marketed, and sold pickleball paddles with the express
warranty that the paddles were approved by USA Pickleball, the
National Governing Body for the sport of pickleball in the United
States. However, the paddles are not permitted to be used in
sanctioned or non-sanctioned, professional or amateur USA
Pickleball sanctioned tournaments throughout the United States as a
result of an administrative error made by the Defendant during its
testing process in 2023. As a result of the Defendant's misleading
representations, the Plaintiff and similarly situated consumers
purchased the paddles and suffered damages, says the suit.
Sport Squad, Inc., doing business as Joola, is a game room
equipment manufacturer based in Maryland. [BN]
The Plaintiff is represented by:
Brittany N. Henderson, Esq.
Bradley J. Edwards, Esq.
425 N. Andrews Ave., Suite 2
Fort Lauderdale, FL 33301
Telephone: (954)-524-2820
Facsimile: (954)-524-2822
Email: brad@cvlf.com
brittany@cvlf.com
- and -
David Boies, Esq.
BOIES SCHILLER FLEXNER LLP
55 Hudson Yards
New York, NY
Telephone: (212) 446-2300
Facsimile: (212) 446-2350
Email: dboies@bsfllp.com
- and -
Sigrid McCawley, Esq.
BOIES SCHILLER FLEXNER LLP
401 E. Las Olas Blvd. Suite 1200
Fort Lauderdale, FL 33316
Telephone: (954) 356-0011
Facsimile: (954) 356-0022
Email: smccawley@bsfllp.com
SPORTIQE LLC: Bunting Sues Over Blind-Inaccessible Website
----------------------------------------------------------
Rasheta Bunting, individually and as the representative of a class
of similarly situated persons v. SPORTIQE, LLC, Case No.
1:24-cv-04020 (E.D.N.Y., June 5, 2024), is brought against the
Defendant for their failure to design, construct, maintain, and
operate their website to be fully accessible to and independently
usable by Plaintiff and other blind or visually-impaired persons.
The Defendant is denying blind and visually-impaired persons
throughout the United States with equal access to the goods and
services Mixhers provides to their non-disabled customers through
http//:www.Sportiqe.com (hereinafter "Sportiqe.com" or "the
website"). The Defendants' denial of full and equal access to its
website, and therefore denial of its products and services offered,
and in conjunction with its physical locations, is a violation of
Plaintiff's rights under the Americans with Disabilities Act (the
"ADA"). Because the Defendant's website, Sportiqe.com, is not
equally accessible to blind consumers, it violates the ADA.
Plaintiff seeks a permanent injunction to cause a change in
Sportiqe's policies, practices, and procedures so that Defendant's
website will become and remain accessible to blind and visually
impaired consumers. This complaint also seeks compensatory damages
to compensate Class members for having been subjected to unlawful
discrimination, 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.
Sportiqe.com provides to the public a wide array of the goods,
services, price specials, employment opportunities and other
programs offered by Sportiqe.[BN]
The Plaintiff is represented by:
Dan Shaked, Esq.
SHAKED LAW GROUP, P.C.
44 Court Street, Suite 1217
Brooklyn, NY 11201
Phone: (917) 373-9128
Email: ShakedLawGroup@gmail.com
TD BANK: Removes Alston Suit to District of New Jersey
------------------------------------------------------
The Defendant in the case of KANDICE ALSTON; JAI AND JAY CLEANING
SERVICES, LLC, individually and on behalf of all others similarly
situated, Plaintiffs v. TD BANK, N.A.; and JOHN DOES 1 to 10,
Defendants, filed a notice to remove the lawsuit from the Superior
Court of the State of New Jersey, County of Essex (Case No.
ESX-L-002992-24) to the U.S. District Court for the District of New
Jersey on June 5, 2024.
The Clerk of Court for the District of New Jersey assigned Case No.
2:24-cv-06721. The case is assigned to Jamel K Semper and referred
to Magistrate Cathy L Waldor.
TD BANK, N.A. provides banking services. The Company offers online
banking, mortgages, loans, insurance, and investment management
services. [BN]
The Defendants are represented by:
Thomas F. Burke, Esq.
Justin E. Kerner, Esq.
BALLARD SPAHR LLP
700 East Gate Drive, Suite 330
Mount Laurel, NJ 08054-0015
Telephone: (856) 761-3400
Facsimile: (856) 761-1020
Email: burket@ballardspahr.com
kernerj@ballardspahr.com
TERRY JOHNSON: Judge Recommends Class Certification of Beers Action
-------------------------------------------------------------------
In the class action lawsuit captioned as ANDREW S. BEERS and
KATHERINE WHITE, individually and on behalf of all others similarly
situated, v. TERRY S. JOHNSON, in his official capacity as SHERIFF
OF ALAMANCE COUNTY, NORTH CAROLINA, Case No. 1:23-cv-00367-TDS-JLW
(M.D.N.C.), the Hon. Judge Joe Webster recommends that Plaintiff's
Unopposed Motion for Collective and Class Certification be granted,
with modifications to the class definition, in that:
1. Plaintiffs' claim under the FLSA be conditionally certified
as a
collective action under 29 U.S.C. § 216(b), and the
conditionally certified FLSA class be identified as
"all current and former Detention Officers and Corporals who
worked pursuant to the 'Alamance County Sheriff's Office 12
Hour
Employee Schedule – Permanent' schedule during the time
period
May 5, 2020 through present;"
2. Plaintiffs' claim for breach of contract under North Carolina
law be certified as a class action pursuant to Fed. R. Civ.
P.
23(b)(3), and the certified class be defined as
"all current and former Detention Officers Detention Officers
and Corporals who worked pursuant to the 'Alamance County
Sheriff's Office 12 Hour Employee Schedule – Permanent'
schedule
during the time period May 5, 2021 through present;' and
3. The Court appoint Philip J. Gibbons, Jr., and Corey M.
Stanton
of Gibbons Law Group, PLLC as Class Counsel.
A copy of the Court's Memorandum Opinion and Recommendation dated
June 6, 2024 is available from PacerMonitor.com at
https://urlcurt.com/u?l=DdtfP7 at no extra charge.[CC]
TICKETMASTER LLC: Fails to Prevent Data Breach, Anderson Alleges
----------------------------------------------------------------
ERIC ANDERSON; TIFFANY MOORE; and DEKIMA THOMAS, individually and
on behalf of all others similarly situated, Plaintiffs v.
TICKETMASTER LLC; and LIVE NATION ENTERTAINMENT, INC., Defendants,
Case No. 2:24-cv-04709 (C.D. Cal., June 5, 2024) is an action
against the Defendant for its failure to properly secure and
safeguard sensitive information of its customers.
According to the complaint, 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 or "PII", from a
foreseeable and preventable cyber-attack.
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.
TICKETMASTER L.L.C. operates as a ticket distribution company. The
Company buys, transfers, and sells tickets for live music,
sporting, arts, theater, and family events. [BN]
The Plaintiff are represented by:
Sabita J. Soneji, Esq.
TYCKO & ZAVAREEI LLP
1970 Broadway Suite 1070
Oakland, CA 94612
Telephone: (510) 254-6808
Email: ssoneji@tzlegal.com
- and -
Katherine M. Aizpuru, Esq.
TYCKO & ZAVAREEI LLP
2000 Pennsylvania Avenue NW Suite 1010
Washington, D.C. 20006
Telephone: (202) 973-0900
Facsimile: (202) 973-0950
Email: kaizpuru@tzlegal.com
TOMS SHOES LLC: Tucker Sues Over Blind-Inaccessible Website
-----------------------------------------------------------
Henry Tucker, on behalf of herself and all other persons similarly
situated v. TOMS SHOES, LLC, Case No. 1:24-cv-04267 (S.D.N.Y., June
5, 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://www.toms.com (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.
By failing to make its Website available in a manner compatible
with computer screen reader programs, Defendant deprives blind and
visually-impaired individuals the benefits of its online goods,
content, and services--all benefits it affords nondisabled
individuals--thereby increasing the sense of isolation and stigma
among those persons that Title III was meant to redress, 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.
TOMS SHOES, LLC, operates the Toms online retail store across the
United States. This online retail store constitutes a place of
public accommodation.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Jeffrey M. Gottlieb, Esq.
Dana L. 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: michael@gottlieb.legal
jeffrey@gottlieb.legal
dana@gottlieb.legal
TWITTER INC: Filing for Class Certification Bid Due Oct. 17
-----------------------------------------------------------
In the class action lawsuit captioned as SYDNEY FREDERICK-OSBORN,
v. TWITTER, INC., et al., Case No. 3:24-cv-00125-JSC (N.D. Cal.),
the Hon. Judge Jacqueline Scott Corley entered an order setting the
following case deadlines following the initial case management
conference held on June 6, 2024:
Initial Disclosures: June 30, 2024
Motion for Class Certification: Oct. 17, 2024
Opposition to Class Certification: Nov. 21, 2024
Reply in Support of Class Certification: Dec. 19, 2024
Hearing: Jan. 23, 2025
Twitter provides online social networking and microblogging
service.
A copy of the Court's order dated June 6, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=P1i01k at no extra
charge.[CC]
UNITED SERVICES: Improperly Denies Insurance Claims, Abraham Says
-----------------------------------------------------------------
NEVILLE ABRAHAM, III; and PARRY ABRAHAM, individually and on behalf
of all others similarly situated, Plaintiffs v. UNITED SERVICES
AUTOMOBILE ASSOCIATION; USAA CASUALTY INSURANCE COMPANY; USAA
GENERAL INDEMNITY COMPANY; GARRISON PROPERTY AND CASUALTY INSURANCE
COMPANY; and CCC INTELLIGENT SOLUTIONS, INC., Defendants, Case No.
5:24-cv-01182 (C.D. Cal., June 5, 2024) is an action alleging that
the Defendants' are engaged in conspiracy and scheme designed to
systematically, wrongfully, and arbitrarily deny USAA's insureds'
first-party medical payments ("MedPay") insurance benefits owed to
them under their USAA insurance policies.
The Plaintiffs allege in the complaint that instead of fulfilling
its duty to conduct an investigation into each bill for medical
expenses submitted by its California insureds, USAA engages in a
multifaceted scheme whereby USAA improperly delegates its insurance
claims adjustment duties to AIS, who arbitrarily and improperly
reduces or denies MedPay claims using its automated Medical Bill
Audit ("MBA") process.
United Services Automobile Association provides financial services.
The Company offers auto, life, flood, vehicle, business, health,
and condo, insurance services, as well as banking, investment, real
estate, retirement, financial planning, and mortgage services.
The Plaintiffs are represented by:
Daniel S. Robinson, Esq.
Michael W. Olson, Esq.
ROBINSON CALCAGNIE, INC.
19 Corporate Plaza Drive
Newport Beach, CA 9660
Telephone: (949) 720-1288
Facsimile: (949) 720-1292
Email: drobinson@robinsonfirm.com
molson@robinsonfirm.com
- and -
Stephen G. Larson, Esq.
Catherine S. Owens, Esq.
LARSON LLP
555 South Flower Street, 30th Floor
Los Angeles, CA 90071
Telephone: (213) 436-4864
Facsimile: (213) 623-2000
Email: slarson@larsonllp.com
- and -
Ted B. Wacker, Esq.
LAW OFFICES OF TED B. WACKER
1000 Newport Center Drive
Newport Beach, CA 92660
Telephone: (949) 706-7100
Facsimile: (949) 209-2558
Email: twacker@tbwlawfirm.com
VICTORIA NYC: Quinn Action Lawsuit Removed from Sup. Ct. to D. Mass
-------------------------------------------------------------------
The class action lawsuit captioned as JUSTIN QUINN, individually
and on behalf of all others similarly situated v. VICTORIA NYC 1
INC., d/b/a Rx2Go, RX2GO MA INC., ERKIN SATTAROV, and DONIYOR
SATTAROV, individually, Case No. 2484CV00353 (Filed Feb. 6, 2024),
was removed from the Superior Court of Massachusetts, Suffolk
County, to the United States District Court for the District Of
Massachusetts on June 5, 2024.
The Massachusetts District Court Clerk assigned Case No.
1:24-cv-11472 to the proceeding.
The Plaintiff claims that he is entitled to damages pursuant to
theories of the Massachusetts Wage Act. He asserts two class action
claims under G.L. c. 149 section 148 and 148B. In addition, the
Complaint seeks treble damages under the Act, as well as attorneys'
fees and costs
RX2Go is an AI-enabled platform delivering medicines for
pharmacies.[BN]
The Defendants are represented by:
John W. Dennehy, Esq.
DENNEHY LAW
127 Main Street, Suite 1
Nashua, NH 03060
Telephone: (603) 943-7633
E-mail: jdennehy@johnwdennehy.com
VIONIC GROUP: Tucker Sues Over Blind-Inaccessible Website
---------------------------------------------------------
Henry Tucker, on behalf of herself and all other persons similarly
situated v. VIONIC GROUP LLC, Case No. 1:24-cv-04268 (S.D.N.Y.,
June 5, 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, www.vionicshoes.com (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.
By failing to make its Website available in a manner compatible
with computer screen reader programs, Defendant deprives blind and
visually-impaired individuals the benefits of its online goods,
content, and services--all benefits it affords nondisabled
individuals--thereby increasing the sense of isolation and stigma
among those persons that Title III was meant to redress, 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.
VIONIC GROUP LLC, operates the Vionic online retail store across
the United States.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Jeffrey M. Gottlieb, Esq.
Dana L. 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: michael@gottlieb.legal
jeffrey@gottlieb.legal
dana@gottlieb.legal
WATERSIDE BRANDS: Bullock Sues Over Blind-Inaccessible Website
--------------------------------------------------------------
Justin Bullock, on behalf of himself and all others similarly
situated v. WATERSIDE BRANDS, INC. d/b/a Fish Hippie, Case No.
1:24-cv-04270 (S.D.N.Y., June 5, 2024), is brought against
Defendant for its failure to design, construct, maintain, and
operate its website to be fully accessible to and independently
usable by Plaintiff and other blind or visually-impaired people.
The Defendant is denying blind and visually-impaired persons
throughout the United States with equal access to the goods and
services Walker Brothers provides to their non-disabled customers
through www.fishhippie.com (hereinafter "fishhippie.com" or "the
website"). The Defendant's denial of full and equal access to its
website, and therefore denial of its products and services offered,
and in conjunction with its physical locations, is a violation of
Plaintiff's rights under the Americans with Disabilities Act (the
"ADA").
Fishhippie.com contains thousands of access barriers that make it
difficult if not impossible for blind and visually-impaired
customers to use the website. In fact, the access barriers make it
impossible for blind and visually-impaired users to even complete a
transaction on the website.
Because Defendant's website, fishhippie.com, is not equally
accessible to blind and visually-impaired consumers, it violates
the ADA. Plaintiff seeks a permanent injunction to cause a change
in Walker Brothers' policies, practices, and procedures so that
Defendant's website will become and remain accessible to blind and
visually-impaired consumers, says the complaint.
The Plaintiff is a visually-impaired and legally blind person who
requires screen-reading software to read website content using his
computer.
Fishhippie.com provides to the public a wide array of the goods,
services, price specials, employment opportunities and other
programs.[BN]
The Plaintiff is represented by:
Dan Shaked, Esq.
SHAKED LAW GROUP, P.C.
14 Harwood Court, Suite 415
Scarsdale, NY 10583
Phone: (917) 373-9128
Email: ShakedLawGroup@Gmail.com
YOUNG'S MARKET: Bonilla Suit Removed to N.D. California
-------------------------------------------------------
The case styled as Cecilio Bonilla, an aggrieved employee and on
behalf of other aggrieved employees v. YOUNG'S MARKET COMPANY, LLC,
a Delaware corporation; REPUBLIC NATIONAL DISTRIBUTING COMPANY,
LLC, a Delaware corporation; and DOES 1 through 50, Case No.
24CV070039 was removed from the Superior Court for the State of
California, County of Alameda, to the United States District Court
for the Northern District of California on June 10, 2024, and
assigned Case No. 4:24-cv-03489.
The Plaintiff seeks PAGA penalties for Failure to Pay All Earned
Wages; Violating Labor Code; Failure to Pay Minimum Wages; Failure
to Pay Overtime Wages; Failure to Provide Meal Periods or Pay
Premiums in Lieu Thereof; Failure to Provide Rest Periods or Pay
Premiums in Lieu Thereof; Failure to Provide Accurate Wage
Statements; Failure to Pay Final Wages Timely; Failure to Provide
Paid Sick Leave; Failure to Pay Reimbursements For Expenses;
Failure to Provide Paid Sick Leave [duplicate]; and Failure to
Maintain Accurate Records.[BN]
The Defendants are represented by:
Fermin H. Llaguno, Bar No. 185222
LITTLER MENDELSON, P.C.
18565 Jamboree Road, Suite 800
Irvine, CA 92612
Phone: 949.705.3000
Fax: 949.724.1201
Email: fllaguno@littler.com
- and -
Nathaniel H. Jenkins, Bar No. 312067
Christa A. Hall, Bar No. 328881
LITTLER MENDELSON, P.C.
500 Capitol Mall, Suite 2000
Sacramento, CA 95814
Phone: 916.830.7200
Fax: 916.561.0828
Email: njenkins@littler.com
chhall@littler.com
*********
S U B S C R I P T I O N I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
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Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors.
Copyright 2024. All rights reserved. ISSN 1525-2272.
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